HomeMy WebLinkAbout5.881 Original ContractMay 24, 2010
Sincerely,
Project Manager
Enclosures
Khir 2 6 MO
128 10th Avenue SW 0 PO Box 42525 e Olympia, Washington 98504-2525 0601'725-4000
City of Port Angeles
Public Works and Utilities Dept
Engineering Services Division
Ms. Katherine Neal 1:'`
-In
City Of Port Angeles 5,
:4
321 E 5th Street
Port Angeles, WA 98362
RE: AmendinOt to PWTF Loan AgreementlContract PC08-951-04
N
4 .i. t■ it f ,i t
Dear Ms. Neal:.
i.,„' ,f5
EricldSedIS'the fully execute dianit ndnient to Public Works Trusttund Loan Agte
NUmberIPP08-95 1-034. :i this amendment is to extend I the project,ComfiletiOn date from
5112/2012,to 5/12/2014.
A
t:
ks you are al'Aiare, 'die Pnblie- Works Board also approved an extension'io'lhe to PrOceed
(1.1, Tp) date for this conttact,froM,5/12/2010 to 5/12/2012. I will contact you soon if a formal:
ainendment is necessary foi.the date extension.
.io e ,F
If you have any questions or tieetridditiOnal infOinatibd, please 'do to call'ine at
(360) 725-3088'breindil me at leoria.cokteengeammerce:wd
.:4.:
,gt.
z•
f!'
STATE OF WASHINGTON
EPARTMENT OF COMMERCE
LeonaMoon Coldeen
Contracts Administration Unit
5.1
CD'
1. Contractor
City of Port Angeles
321 E 5th Street
Port Angeles, WA 98362
Signature y�
Print Name
Title
Date
City of Port Angeles
PCO8- 951 -034
4- //2/2l// c'
AMENDMENT FACE SHEET
Loan Number: PC08- 951 -034
Amendment Number: A
Washington State Department of Commerce
PUBLIC WORKS BOARD
PUBLIC WORKS TRUST FUND
2. Contractor Doing Business As (optional)
N/A
3. Contractor Representative (only if updated) 4. Public Works Board Representative (only if updated)
N/A N/A
5. Original Contract Amount 6. Amendment Amount 7. New Contract Amount
$10,000,000 00 N/A N/A
8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date
5/12/2012 7/1/2028
Federal: State: EZ Other: N /A:
11. Federal Funds (as applicable): Federal Agency: CFDA Number:
N/A N/A
N/A
12. Amendment Purpose:
The purpose of this amendment is to extend the project completion date of the Public Works Trust Fund
Loan Number PC08- 951 -034.
The Board, defined as the Washington State Public Works Board, and Borrower /Contractor acknowledge
and accept the terms of this Agreement/Contract As Amended and have executed this Agreement/Contract
Amendment on the date below to start as of the date and year referenced above. The rights and obligations
of both parties to this Agreement/Contract As Amended are governed by this Agreement/Contract
Amendment and the following other documents incorporated by reference Amendment Terms and
Conditions A copy of this Agreement/Contract Amendment shall be attached to and made a part of the
original Agreement/Contract between the Board and the Borrower /Contractor. Any reference in the original
Agreement/Contract to the "Agreement" or the "Contract" shall mean the "Agreement As Amended" or
"Contract As Amended," respectively
FO THE BORROWER/CONTRACTOR FOR PUBLIC WORKS BOARD
Page 1
4/14/2010
L_
IF 4 a
LaRocque, x- cutive Directot
I/a //o
Datel 1
APPROVED AS TO FORM ONLY
This 18 Day of December. 2008
Rob McKenna
Attorney General
Sianature on File
Kathryn Wyatt
Assistant Attorney General
Extension Amendment
Public Works Trust Fund
AMENDMENT TERMS AND CONDITIONS
PUBLIC WORKS BOARD
PUBLIC WORKS TRUST FUND
The purpose of this amendment is to extend the project completion date of the Public Works Trust Fund
Loan Agreement/Contract Number PC08- 951 -034 from 5/12/2012 to a new ending date of 5/12/2014."
This amendment was approved by the Public Works Board, a department of the State of Washington,
(hereinafter referred to as the "Board The Board found the extension was necessary for the following
reason:
The city has been unable to secure the required Right of Way (ROW) in order to proceed with the
project. The city is negotiating through a development organization with the site owner, Rayonier Mill,
to secure the ROW.
The Board and the City of Port Angeles (hereinafter referred to as the "Borrower /Contractor agree to
amend the Public Works Trust Fund Loan Agreement /Contract Number PC08 -951 -034 as described below.
Time of Performance Section of the Agreement /Contract Number PC08 -951 -034 is amended to read as
follows:
The Borrower /Contractor shall begin the activities identified within Attachment I: Scope of Work no
later than three (3) months after Agreement /Contract execution, and reach project completion no later
than 5/12/2014.
Failure to meet Time of Performance shall constitute default of this Agreement/Contract. In the event
of extenuating circumstances, the Borrower /Contractor may request, in writing, that the Board extend
the deadline for project completion. The Board may, by a two- thirds vote, extend the deadline.
The term of this Agreement/Contract shall be for the entire term of the loan, regardless of actual
project completion, unless terminated sooner as provided herein.
City of Port Angeles
PC08- 951 -034
Page 2
4/14/2010
Extension Amendment
Public Works Trust Fund
OLD-Oj .03
5. ~81
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PC08-951-034
City of Port Angeles
,
/
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments contains all terms and conditions agreed to by the
WASHINGTON STATE PUBLIC WORKS BOARD (referred to as the "BOARD") and the
City of Port Angeles (referred to as the "BORROWER") and no other statements or
representations, written or oral, shall be deemed a part thereof This contract includes
ATTACHMENT I: SCOPE OF WORK, which consists of a description of local project
activities, certification of the project's useful life, estimated project costs and fund sources; and
ATTACHMENT II: ATTORNEY'S CERTIFICATION. These attachments are, by this
reference, incorporated into this agreement as though set forth fully herein.
The PUBLIC WORKS BOARD and the BORROWER have executed this agreement as of the
date and year last wntten below.
BORROWER
Si!E::o 0~
(b.AR'I f3R 4 U ^'
Print Name
Date
MA."f)~
Title
APPROVED AS TO FORM ONLY
This 6th Day of March, 2007
Rob McKenna
Attorney General
B - , - D<6
Date
91- ll>OD\ '2 lDlD
Federal Taxpayer Identification Number
By: Signature on File
Andrew Scott
Assistant Attomey General
City ot Port Angeles
Page 3
4/22/2008
PART II: INTRODUCTION
This loan agreement is made and entered into by and between the BOARD, or its successor,
and the BORROWER.
Acting under the authority of Chapter 43.155 RCW, the BOARD has awarded the
BORROWER a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The BOARD and the BORROWER have entered into this agreement to undertake a local
public works project that furthers the goals and objectives of the Washington State Public
Works Trust Fund Program. The project will be undertaken by the BORROWER and will
include the activities described in ATTACHMENT I: SCOPE OF WORK. The project must be
undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable
state and local laws and ordinances, which by this reference are incorporated into this
agreement as though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan
the BORROWER a sum not to exceed $10,000,000.00. The interest rate shall be 0.50% per
annum on the outstanding principal balance. The term of the loan shall not exceed 20 years,
with the final payment due July 1, 2028.
4.02 Eligible Proiect Costs and Local Proiect Share
The BORROWER pledges to use an amount oflocal funds as local project share of not less
than 15.0% of the total eligible portion of the project cost not funded by federal or state grants
as identified in ATTACHMENT I: SCOPE OF WORK The amount of the local funds will be
verified at project closeout. Any increase III the percentage oflocal funds may require an
adjustment in the loan amount or interest rate charged, or both The interest rate adjustment
will apply to the remaining payments beginning the fiscal year of closeout. The BORROWER
agrees to execute the Certified Closeout Amendment as an amendment to this agreement
adjusting the loan amount or interest rate, as appropriate.
EligIble project costs must consist of expenditures eligible under WAC 399-30-030 and be
related only to project activIties described III ATTACHMENT I: SCOPE OF WORK. Only
those costs Illcurred after executIOn of this loan agreement can be reimbursed with Public
Works Trust Fund monies. Expenditures made up to twelve (12) months prior to the executIOn
of the loan agreement and verified at the tnne of project close out may be used as match for
local project share.
City of P0I1 Angeles
Page 4
4/22/2008
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax
collection, loan repayment, and legislative appropriation. If funding or appropriation is not
available at the time the invoice is submitted, or when the agreement is executed, the issuance
of warrants will be delayed or suspended until such time as funds become available. Therefore,
subject to the availability of funds, warrants shall be issued to the BORROWER for payment of
allowable expenses incurred by the BORROWER while undertakmg and administering
approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no
event shall the total Public Works Trust Fund loan exceed 85.00% of the eligible actual project
costs. The BORROWER shall initiate a loan disbursement using a Washington State Invoice
Voucher form. The loan funds will be disbursed to the BORROWER as follows:
Upon formal execution of this agreement, a sum not to exceed 20% of the approved Public
Works Trust Fund loan may be disbursed to the BORROWER. Monies shall not be used for
any construction costs incurred prior to compliance with Executive Order 05-05 Archaeological
and Cultural Resources as referenced in Section 4.22 or Section 106 of the National Historic
Preservation Act, whichever applies to this project.
Upon execution of a Public Works Trust Fund Notice to Proceed, which follows the formal
award of a construction contract, and documented compliance with Executive Order 05-05
Archaeological and Cultural Resources as referenced in Section 4.22 or Section 106 of the
National Historic Preservation Act, whichever applies to this project, a sum not to exceed 25%
ofthe approved Public Works Trust Fund loan may be disbursed to the BORROWER.
When the BORROWER certifies that 35% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be
disbursed to the BORROWER.
When the BORROWER certifies that 60% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be
disbursed to the BORROWER.
At the time of project completion, the BORROWER shall submit, to the BOARD, a Certified
Closeout Amendment certifying the total actual project costs and local share.
The final Public Works Trust Fund loan dIsbursement shall bring the total loan to the lesser of
85.00% of the eligible project costs or the total of $10,000,000.00. The Certified Closeout
Amendment shall serve as a contract amendment determining the final loan amount, local share
and interest rate.
In the event that the final costs Identified in the Certified Closeout Amendment indicate that the
BORROWER has receIVed Public Works Trust Fund monies in excess of 85.00% of eligible
costs, all funds in excess of 85.00% shall be repaid to the Public Works Assistance Account by
payment to the Department of Commumty, Trade and EconomIC Development, or its
successor, within 30 days of submission of the Certified Closeout Amendment.
City of POIt Angeles
Page 5
4/22/2008
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the BORROWER shall accrue
to the benefit of the BORROWER and be applied to the eligible costs of the approved project.
Benefits shall accrue in one of two ways:
1. Reduce the amount of the Public Works Trust Fund loan, or
2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE
OF WORK estimates, ifthere is an overrun ofproject costs.
The BORROWER shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readily identified and accounted for at any time during the life of
this loan agreement. Such procedures shall consist of the establishment of a separate fund,
account, sub-account or any other method meeting generally accepted accounting principles. In
event of termination, all principal, interest earned on invested loan principal, and accrued
interest payable shall be repaid in full within 30 days by the BORROWER.
4.05 Time of Performance
The BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three (3) months after loan agreement execution: No later than Twenty-
four (24) months after loan agreement execution, the BORROWER must issue a Public Works
Trust Fund Notice to Proceed, which follows the formal award of a construction contract. No
later than forty-eight (48) months after the date of agreement execution the BORROWER must
reach project completion. .
Failure to meet Time of Performance shall constitute default of this agreement. In the event of
extenuating circumstances, the BORROWER may request, in writing, that the BOARD extend
the deadline for project completion. The BOARD may, by a two-thirds vote, extend the
deadlme.
The term of this agreement shall be for the entire term of the loan, regardless of actual project
completion, unless terminated sooner as provided herein.
4.06 Repayment
Loan repayment installments are due on July 1 st of each year during the 20-year fixed term of
the loan. The first loan repayment is due July I, 2009. Interest only will be charged for thIS
payment if a draw is made prior to this date. All subsequent payments shall consist of pnncipal
and accrued interest due on July 1 st of each year during the remaining term of the loan.
Repayment of the loan under thIS agreement shall mclude an interest rate of 0.50% per annum
based on a 360 day year of twelve 30 day months. Interest will begin ~o accrue fi'om the date
each warrant is issued to the BORROWER. The final payment shall be on or before July l,
2028, of an amount sufficient to bring the loan balance to zero.
The BORROWER has the nght to repay the unpaid balance of the loan in full at any time or
make accelerated payments without penalty
City of P0I1 Angeles
Page 6
4/22/2008
The BORROWER will repay the loan in accordance with the preceding conditions through the
use of a check, money order, or equivalent means made payable to the Washington State
Department of Community, Trade and Economic Development, or its successor.
4.07 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement.
A payment not received within thirty (30) days of the due date shall be declared delinquent.
Delinquent payments shall be assessed a monthly penalty beginning on the first (1 Sl) day past
the due date. The penalty will be assessed on the entire payment amount. The penalty will be
one percent (1 %) per month or twelve percent (12%) per annum. The same penalty terms shall
apply at project closeout if the repayment ofloan funds in excess of eligible costs are not repaid
within 30 days as provided for in Section 4.03.
The BORROWER acknowledges and agrees to the BOARD'S right, upon delinquency in the
payment of any annual installment, to notify any other entity, creditors, or potential creditors of
the BORROWER of such delinquency.
The BORROWER shall be responsible for all legal fees incurred by the BOARD in any action
undertaken to enforce its rights under this section.
4.08 Loan Security
This loan is a revenue obligation of the BORROWER payable solely from the net revenue of
the Sanitary Sewer Wastewater system. Payments shall be made from the net revenue of the
utility after the payment of the principal and interest on any revenue bonds, notes, warrants or
other obligations of the utility having a lien on that net revenue. As used here, "net revenue"
means gross revenue minus expenses of maintenance and operations. The BOARD grants
the BORROWER the right to issue future bonds and notes that constitute a lien and charge on
net revenue superior to the lien and charge of this loan agreement. This option may be used
only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste
utility project.
Nothing in this section shall absolve the BORROWER of its oblIgation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its
oblIgations under this agreement
4.09 Recordkeeping and Access to Records
The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full
access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers,
records, and books of the BORROWER and of persons, firms, or organizatIOns with which the
BORROWER may contract, Involving transactions related to this project and this agreement.
The BORROWER agrees to retain all records pertaining to this project and this agreement for a
penod of six years from the date of project closeout. If any lItigation, claim or audit is started
before the expIration of the six-year period, the records shall be retained until all lItigation,
claims, or audit findings involving the records have been resolved.
CIty of P0I1 Angeles
Page 7
4/22/2008
4.1 0 Reports
The BORROWER, shall furnish the BOARD with quarterly progress reports, a Certified
Closeout Amendment and other periodIc reports at such times and on such forms as the
BOARD may require, pertaining to the activities undertaken pursuant to this agreement.
Failure to file periodic reports as requested may result in termination of this agreement as per
Section 4.13.
4.11 Indemnification
The BORROWER will defend, protect, indemnify, save, and hold harmless the BOARD, and
the state of Washington from and against any and all claims, costs, damages, expenses, or
liability for any or all injuries to persons or tangible property, ansing from the acts or omissions
of the BORROWER or any of its contractors or subcontractors, or any employees or agents in
the performance of this agreement, however caused. In the case of negligence of both the
BOARD and the BORROWER, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to each party.
4.12 Amendments, Modifications, Assignments, and Waivers
BORROWER may request an amendment to this agreement, which does not increase the
amount of the loan, for the purpose of modifying the ATTACHMENT I: SCOPE OF WORK
or for extending the time of performance as provided for in Section 4.05. Neither this
agreement nor any claims arising under this agreement may be transferred or assigned by the
BORROWER without prior written consent of the BOARD. No conditions or provisions of
this agreement may be waived unless approved by the BOARD in writing. No amendment or
modificatIOn shall take effect until approved in writing by both the BOARD and the
BORROWER and attached hereto.
4.13 Termination for Cause
If the BORROWER fails to comply with the terms of this agreement, or fails to use the loan
proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the
BOARD may terminate the agreement in whole or in part at any time. The BOARD shall
notIfY the BORROWER in writing of its determination to terminate, the reason for such
teImination, and the effective date of the termination. Nothing in this section shall affect the
BORROWER's obligation to repay the unpaid balance of the loan.
414 Termination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no
longer available to the BOARD, or are not appropriated for the purpose of meeting the
BOARD'S oblIgations under this agreement. TerminatIOn will be effectIve when the
BOARD sends written notIce of tenmnation to the BORROWER. Nothing in this section
shall affect BORROWER obligations to repay the unpaid balance of the loan
CIty of POlt Angeles
Page 8
412212008
4.15 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of any
suit between the parties arising out of this agreement shall be the Superior Court of Thurston
County, Washington. The prevailing party is entitled to recover costs in accordance with
Washington State Law (Chapter 4.84 RCW).
4.16 Severability
If any provision under this agreement or its application to any person or circumstances is held
invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of
the agreement which can be given effect without the invalid provision.
4.17 Proiect Completion and Certified Closeout Amendment
The BORROWER shall initiate a CertIfied Closeout Amendment when actIvItIes identified in
ATTACHMENT I: SCOPE OF WORK are complete. The BOARD Will supply the BORROWER
with the Certified Closeout Amendment documents upon request.
The BORROWER shall provide the followmg informatIOn to the BOARD:
1. A certIfied statement of the actual dollar amounts spent, from all fund sources, in completing
the project as descnbed.
2. A certIfied statement that the project, as descnbed in the Loan Agreement's Scope of Work,
is complete and has been deSIgned/constructed to required standards.
3. CertIficatIon that all costs associated wIth the project have been incurred. Costs are incurred
when goods and services are received and/or contract work IS performed.
4. Provide status of performance measures identified in ATTACHMENT I. SCOPE OF
WORK.
5. In accordance with SectIon 4.03 of this agreement, the BORROWER wIll sublll1t, together
wIth the CertIfied Closeout Amendment, a request for a sum not to exceed the loan amount
or refund of any excess loan funds. Any final dIsbursement shall not occur prior to the
completIOn of all project actIvities.
6. Repayment of excess loan funds dIsbursed to the BORROWER must be made wIthm 30
days of completIon of the CertIfied Closeout Amendment.
4 18 Contractor Requirement
The BORROWER shall be responsible to ensure that their contractor(s) are in compliance with
the Depm1ment of Revenue and the Department of Labor & Industnes reqUIrements.
CIty or POIt Angeles
Page 9
4/22/2008
4.19 Audit
Audits of the BORROWER'S project activities may be conducted by the Municipal Division of
the State Auditor's Office in accordance with state law and any guidelines the Department of
Community, Trade and Economic Development, or its successor, may prescribe. Payment for
the audit shall be made by the BORROWER.
4.20 Proiect Signs
If the BORROWER displays, during the period covered by this agreement, signs or markers
identifYing those agencies participating financially in the approved project, the sign or marker
must identifY the Washington State Public Works Trust Fund as a participant in the project.
4.21 Nondiscrimination Provision
During the performance of this contract, the BORROWER shall comply with all federal and
state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's
Law Against DiscriminatIOn, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act
(ADA).
In the event of the BORROWER'S noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or
terminated in whole or in part, and the BORROWER may be declared ineligible for further
contracts with the BOARD. The BORROWER shall, however, be given a reasonable time in
which to cure this noncompliance.
4.22 Historical and Cultural Artifacts
Borrower agrees that Borrower is legally and financially responsible for compliance with all
laws, regulations, and agreements related to the preservation of historical or cultural artifacts
and agrees to hold harmless the State of Washington in relation to any claim related to such
historical or cultural artifacts discovered, disturbed, or damaged as a result of Borrower's
public works project funded under this agreement.
The BORROWER agrees that, unless Borrower is proceedmg under an approved historical and
cultural artifacts monitonng plan or other memorandum of agreement, if hIstorical or cultural
aJ1ifacts are discovered during construction, the BORROWER shall immediately stop
constructIOn and notifY the local historical preservation officer and the state's historical
preservation officer at the Washington State Department of Archaeology and Historic
Preservation (DAHP).
The BORROWER shall require this provision to be contained in all contracts for work or
serVIces related to A IT ACHMENT I: SCOPE OF WORK.
In additIOn to the reqUIrements set forth m this agreement Borrower agrees to comply with
Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW
27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and
Histone Cemeteries and Historic Graves; and, Washington AdministratIve Code (WAC) 25-
48 regardmg ArchaeologIcal Excavation and Removal Peml1ts.
City or P011 Angeks
Page 10
4/22/2008
In addition to the requirements set forth in this agreement Borrower shall, in accordance with
Executive Order 05-05, coordinate with DAHP, including any recommended consultation with
any affected tribe(s), during project design and prior to construction to determine the existence
of any tribal cultural resources affected by the proposed public works project. Borrower agrees
to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to
receipt of funds under this agreement.
Borrower agrees to furnish to the Board copies of any monitoring plan or agreement arising
from Borrower's coordination and consultation with DAHP or an affected tribe.
Failure by Borrower to fully comply with the requirements set forth in this provision to the
satisfaction of the Board shall result in a suspension of loan disbursements or termination of
this agreement if not timely cured.
PART V: SPECIAL CONDITION
None
P ART VI: SPECIAL ASSURANCES
The BORROWER assures compliance with all applicable state and local laws, requirements,
and ordinances as they pertain to the design, implementation, and administration of the
approved project. Of particular importance are the following:
5.01 Competitive Bidding Requirements
The BORROWER shall comply with the provisions ofRCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public
Works Trust Fund program.
5.02 Eligible Proiect Costs
The BORROWER assures compliance with WAC 399-30-030 which identifies eligible costs
for projects assisted with Public Works Trust Fund loans.
CIty of P0I1 Angeles
Page 11
4/22/2008
ATTACHMENT 1: SCOPE OF WORK
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN PROGRAM
PC08-951-034
Port Angeles
Cso Proiect. Phase I
Scope of Work:
The work under Phase 1 involves the construction of the following elements:
1. Three sewer force mains, two 14-inch lines and one 30-inch line, each approximately 4600 feet
long, sliplined in an existing 48" industrial watermain from Oak Street to the Francis Street Park.
At the base of Francis Street Park the lines will transition to a 24" line and a 30" line. 2.
Construction of approximately 5000 feet of 36-inch diameter sewer main, 3. Purchase of and
construction of modifications to one existing 5 million gallon storage tank and associated property
for use as a CSO storage facility.
4. Flow diversion facilities to manage flows into and out ofthe storage facility and the WWTP.
5. WWTP modifications.
6. New conveyance pipes and pumps between the storage tank, the WWTP and two marine outfalls.
SCOPE OF WORK
PC08-951-034
Revised Performance Measures:
Describe how the success of the project will be measured. Be sure to identifY
, how the change will be measured, the standard against which the change will
REVISED Performance be noted, the amount of change that is expected, and when the change will have
occurred.
Measure (For 1. The CSO volume will decrease into Port Angeles Harbor.
Construction and
Emergency applicants 2. Current number of CSO events per year will be reduced.
only):
3. The number of times the touch pool is closed due to CSO events will
decrease 88%
How is the Measure to be Measured: Such as reduce outflow by 20% or Reduce acpidents by 5%
1. CSO volume will decrease from 15 million gallons per year to less than 6 million gallons per year.
,
2. CSO events will be reduced from 28 per year to no more than 3 per year.
3. Touch pool closures will drop from 9 to 1 closure per year.
~ M
1. Upon project completion.
Such as measurement wilt' be accomplished aft~r project
~~~ M completion ()Loby the endpf a particulEEyear.
When;is tile Measur.e going to be Measured:
2. Upon project completion.
3. Upon project completion.
M OM
Date Planned to Complete Performance Measure
7/1/2014
SCOPE OF WORK
Estimated Proiect Costs:
PC08-951-034
'(Jk' '-',_.
> ~TiGo:
.I;&%l!","^~~_,__
Engineering Report
Environmental Review
Historical Review
(Section 106 or 05-05)
Land/ROW Acquisition
Permits
Public Involvement/Information
Bid Documents
Construction
Other Fees
Contingency
Other: Property purchase
Other: Construction inspection &
management
Other:
Other:
TOTAL ESTIMATED COSTS
$ 425,000.00
$ 50,000.00 ,
$ 25,000.00
---------------------------------------------------------------
$ 130,000.00 ,
$ 65,000.00
$ 5,000.00 <
$1,050,000.00
$13,400,000.00 <
$0.00
_ __H~~6_0,QQO~OQ _
$ 1,625,000~00 <
$ 1,305,000.00
---~~----------------------------------------~-----------~--
. $ 0.00
~----------------------------- -----~-------------
$0.00 <
$19,34q!OOO.OO <
SCOPE OF WORK
PC08-951-034
Anticipated Fundin2 Sources:
ftT~' 4i1W'~ii:il1*'",'F,d":?'%Sf.~S ,',\lI,jl!1liH:':.,If!~~r;"';iv'\&~..ElmJ!IJr.wf~c&u "d"" TI!!IIWZ'A'~~'F;f'4111[;i>.\,1
&~J,J!~*oma&'1,n ll!g_gg!1Ji~tL,i'';L'AII[L~'Yl,;[;,,~jjjdz ~r~r_!i~~Jl~,g~::..,~@!!!!!~~
, Grants and Other Non-Matching Funds
Grant #1 STAG
Grant #2 PW-06-962-PRE-110
Grant #3 PW-07-962-PRE-117
Other Grants
(list sources)
Total Grants
$0.00
$590,000.00
$885,000.00
$0.00
_.~l;::
$1,475,000.00
Loans
This PWTF Loan Phi' U7 k B d
R u IC"" or soar
, J!.,q,!:es!, ,,,, ,,____ ",,,,,__ ", ___"" _ _u_ _ , _ ,
Other Loan #1 PW-07-962-015
$10,000,000.00
Other Loan #2
Other Loans
(list sources)
Total Loans
Local Revenue
FY2010 SRF Loan (DOE)
$1,875,000.00
$4,890,000.00
$0.00
$16,765,000.00
Source #1
Wastewater utility fund & CSO reserve
fund
$1,100,000.00
Source #2 $0.00
Source #3 $0.00
--------~---- --------------------------------------------------------------~--------------------~----------~~------,
Other Local
Revenue (list
sources)
Total Local
Revenue
~- ----------- - ---
Other Funds
Total Other
Funds
------~---- ------
, Summary Totals
Total Funding
$0.00
$1,100,000.00
- ----- ------ - ---
$0.00
$0.00
$ 19,340,.000.00
SCOPE OF WORK
PC08-951-034
Calculatinl! Local Percental!e:
Note: Grant funds cannot be counted as local match.
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue
Local Percentage 15.0%
The local contnbutlOn must be at least:
Five percent (5%)
Ten percent (10%)
FIfteen percent (15%)
for a loan interest rate of
for a loan mterest rate of
for a loan interest rate of
2%
1%
0.5%
III"""
. .
ATTACHMENT II: ATTORNEY'S CERTIFICATION
Public Works Trust Fund
I, \^' r ///Ct~
E 1()/1r
, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appoll1ted
attorney of the City of Port Angeles (the BORROWER); and
I have also examined any and all documents and records which are pertinent to the loan
agreement, mcluding the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The BORROWER is a public body, properly constituted and operating under the laws of the
State of Washington, empowered to receive and expend federal, state and local funds, to
contract with the State of Washington, and to receive and expend the funds involved to
accomplish the objectives set forth in their application.
2. The BORROWER is empowered to accept the Public Works Trust Fund financial assistance
and to provide for repayment of the loan as set forth in the loan agreement.
3. There is currently no litigation in existence seekll1g to enjoin the commencement or
completion of the above-described public facilities project or to enjoin the BORROWER
from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with
respect to such project. The BORROWER is not a party to litigation which will materially
affect its ability to repay such loan on the terms contamed in the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the BORROWER.
1/;~ g;---.
Signature of Attorney
tAl ,'/IIi~
S- - s - t?'if
Date
j]!e7tJr
Name
/O!J
Address
/IS-O I
/
;/",f /4~1
{JJ4
yg:J62