HomeMy WebLinkAbout000521 Original ContractOctober 31, 2012
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600 Olympia, WA 98504 -7600 360- 407 -6000
711 for Washington Relay Service Persons with a speech disability can call 877 833 -6341
p
The Honorable Cherie Kidd, Mayor
City of Port Angeles
321 East Fifth Street
PO Box 1150
Port Angeles WA 98362
Re: Port Angeles Combined Sewer Overflow (CSO) Phase 1 Project
Water Pollution Control State Revolving Fund
Loan No. L1200034, FY 2012 Funding Cycle
Dear Mayor Kidd:
Sincerely,
lly Susewind, P.E., P.G.
Water Quality Program Manager
KS:AR:mb
Enclosure
cc: Kathryn Neal, Port Angeles
James Burke, Port Angeles
David Dougherty, Ecology
Alice Rubin, Ecology
1 City of Port Angeles
Record #000521
I am pleased to inform you that the loan agreement for the Port Angeles COS Phase 1 Project has
been signed. A signed original of the agreement is enclosed for your project files and future
reference.
The loan provides $10,000,000 toward the project. We appreciate this opportunity to assist you with
financial and technical assistance. Ecology's Water Quality Program staff in Lacey are available to
assist you with your project.
If you have any questions or need additional information, please call David Dougherty, Ecology's
project manager, at 360 407 -6278 or Alice Rubin, Ecology's financial manager, at 360 407 -6429.
0
DEPARTMENT OF
ECOLOGY
II MPlid State of Washington
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF PORT ANGELES
Table of Contents
Page
PART I. GENERAL INFORMATION 3
PART II. PROJECT SUMMARY 7
PART III. PROJECT BUDGET 7
PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT 8
PART V. SCOPE OF WORK 8
PART V(A). SPECIAL TERMS AND CONDITIONS 12
PART VI. LOAN INTEREST RATE AND TERMS 12
PART VII. ALL AGREEMENTS CONTAINED HEREIN 13
ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL 1
ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION 1
ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS REQUESTING
FEDERAL ASSISTANCE 1
ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE WASHINGTON STATE
WATER POLLUTION CONTROL REVOLVING FUND 1
ACCOUNTING STANDARDS 1
ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE 1
ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES 1
AUTHORITY 1
CERTIFICATIONS 1
Page 1
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION: 2
CLEAN WATER STATE REVOLVING FUND INITIAL DATA REPORTING, SHEET (DATA SHEET) 3
COMMENCEMENT OF WORK 3
COVENANTS AND AGREEMENTS 3
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 5
FACILITIES PROJECTS: DELIVERABLES (IF APPLICABLE) 7
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS' 9
FORCE ACCOUNT 10
GROWTH MANAGEMENT PLANNING 10
INCREASED OVERSIGHT (IF APPLICABLE) 10
LOAN REPAYMENT 10
LOCAL LOAN FUND PROJECTS 12
MODIFICATIONS TO AGREEMENT 12
PAYMENT REQUEST SUBMITTALS 13
POST PROJECT ASSESSMENT SURVEY 14
PREVAILING WAGE 14
PROCUREMENT 14
PROGRESS REPORTS 14
REPRESENTATIONS AND WARRANTIES 15
SEWER -USER ORDINANCES AND USER CHARGE SYSTEM (IF APPLICABLE) 16
SIGNAGE 16
SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS) 16
TERMINATION AND DEFAULT; REMEDIES 17
WATER QUALITY MONITORING 19
ATTACHMENT 5: AGREEMENT DEFINITIONS 1
ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN
AGREEMENTS OF THE DEPARTMENT OF ECOLOGY 1
ATTACHMENT 7: THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORT
FORM (PART 1) AND THE CLEAN WATER STATE REVOLVING FUND INITIAL DATA REPORTING SHEET
(DATA SHEET) (PART 2) 1
ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE 1
Page 2
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF PORT ANGELES
FOR
PORT ANGELES COMBINED SEWER OVERFLOW (CSO) PHASE 1
THIS is a binding loan [LOAN] agreement entered into by and between the state of Washington
Department of Ecology [DEPARTMENT] and the City of Port Angeles [RECIPIENT]. The purpose
of this LOAN agreement is to provide funds to the RECIPIENT to carry out the activities for the
project [PROJECT] described in this LOAN agreement.
This LOAN agreement consists of 50 pages and 8 attachments.
Capitalized terms used, but not otherwise defined, in this LOAN agreement are defined in Attachment 5.
PART I. GENERAL INFORMATION
PROJECT Title:
PROJECT Period:
LOAN Number(s):
Standard Interest LOAN Amount:
Interest Rate:
LOAN Term:
Forgivable Principal Amount:
Total LOAN Amount:
State Fiscal Year:
RECIPIENT Information
RECIPIENT Name:
Mailing Address:
FEDERAL TAXPAYER ID NUMBER:
Data Universal Numbering System (DUNS)
Number:
Page 3
Port Angeles CSO Phase 1
Effective Date:
Completion Date:
L1200034
$10,000,000
2.6%
20 years
$0
$10,000,000
FY2012
91- 6001266
148 344 047
January 1, 2012
March 31, 2014
City of Port Angeles
321 East Fifth Street PO Box 1150
Port Angeles, WA 98362 -0217
PROJECT Contact:
Email Address:
Phone Number:
PROJECT Manager:
Email Address:
Phone Number:
Mailing Address:
Fax Number:
DEPARTMENT Proiect Contact Information
PROJECT Manager:
Email Address:
Phone Number:
Fax Number:
Address
Address
Northwest
WA State Department of Ecology
Northwest Regional Office
3190 160 Ave SE
Bellevue, WA 98008 -5452
Fax (425) 649 -7098
Southwest
WA State Department of Ecology
Southwest Regional Office
P.O. Box 47775
Olympia, WA 98504 -7775
Fax (360) 407 -6305
Bellingham
WA State Department of Ecology
Bellingham Field Office
1440 10th Street, Suite 102
Bellingham, WA 98225
Fax (360) 715 -5225
James Burke
jburke @cityofpa.us
(360) 417 -4809
Kathryn Neal
kneal @cityofpa.us
(360) 417 -4821
321 East Fifth Street PO Box 1150
Port Angeles, WA 98362 -0217
(360) 417 -4709
Dave Dougherty, P.E.
david.dougherty @ecy.wa.gov
(360) 407 -6278
(360) 407 -6305
Central
WA State Department of Ecology
Central Regional Office
15 West Yakima Ave, Suite 200
Yakima, WA 98902 -3452
Fax (509) 575 -2809
Li Eastern
WA State Department of Ecology
Eastern Regional Office
N. 4601 Monroe
Spokane, WA 99205 -1295
Fax (509) 329 -3570
Page 4
Financial Manager:
Email Address:
Phone Number:
Fax Number:
Address
Alice Rubin
alice.rubin @ecy.wa.gov
(360) 407 -6429
(360) 407 -7151
WA State Department of Ecology
Water Quality Program, FMS
P.O. Box 47600
Olympia, WA 98504 -7600
SRF Reporting Coordinator Brian Brada
Email Address brian.brada@ecy.wa.gov
Funding Source(s) for This LOAN agreement:
This LOAN agreement may be funded in part or in full with federal funds (Catalog of Federal
Domestic Assistance Number 66.458) passed through to the RECIPEINT by the DEPARTMENT. As
a "sub- recipient" of federal funds, OMB Circular A -133 contains certain requirements which may
apply. Specifically, if the RECIPIENT or sub recipient has expended a cumulative total (direct or pass
through) of $500,000 or more in federal awards in a fiscal year, an audit may be required in accordance
with OMB Circular A -133. If federal funds have been used to reimburse eligible costs incurred for this
PROJECT as part of this LOAN agreement, the DEPARTMENT's fiscal office will provide
notification in January of each year that identifies the amount of federal funds that have been
expended.
Federal funding for this loan AGREEMENT is provided from Capitalization Grants and state match
for Clean Water State Revolving Funds; Environmental Protection Agency, Office of Water.
Specific Fundina Cataaories:
Loan for Green Project Reserves
Green Infrastructure Amount:
Water Efficiency Amount:
Energy Efficiency Amount:
Innovative Amount:
TOTAL Amount:
Loan
Amount:
Page 5
Forgivable Principal Subsidy for Green Project Reserves
Green Infrastructure Amount:
(Water Efficiency Amount:
Energy Efficiency Amount:
Innovative Amount:
TOTAL Amount:
['Yes No
Yes No
Yes No
$10,000,000
Forgivable Principal Subsidy
Amount:
State Centennial Loan Funds: Yes No
Yes No
GENERAL LOAN INFORMATION:
Increased Oversight: Yes No
Useful life of the PROJECT: 20 years
PROJECT TYPE: Check all that apply
Facilities Project: Yes No Stormwater Project: Yes No
Green Project Reserves: Yes No Activities Project: Yes No
LOAN SECURITY: Check all that apply
Does this LOAN agreement and the LOAN to be made constitute Revenue Secured Lien Obligation of
the RECIPIENT: Yes No
Does this LOAN agreement and the LOAN to be made constitute a general obligation debt of the
RECIPIENT or the state of Washington: Yes No
Does this LOAN agreement and the LOAN to be made constitute a valid general obligation of the
RECIPIENT payable from special assessments: Yes No
Is this LOAN secured with dedicated revenue through a Tribal Governmental Enterprise:
Yes No
IMPORTANT DATES:
Estimated Project Start Date: January 1, 2012
Initiation of Operation (IO): Yes No IO Date: January 31, 2014
Project Completion Date: March 31, 2014
Prior Authorization: Yes No If yes, Effective Date:
Interim Refinance: Yes No If yes, Effective Date:
Post Project Assessment Date (see Part IV and ATTACHMENT 4): December 31, 2016
Page 6
PART II. PROJECT SUMMARY
Port Angeles Combined Sewer Overflow (CSO) Phase 1 project will reduce untreated overflows from
the combined sewer system, in compliance with Agreed Order 3853 issued by the DEPARTMENT in
2006. The approved CSO Reduction Facilities Plan will be implemented in two phases. Of the four
uncontrolled CSO outfalls, three discharge into Port Angeles Harbor along the city waterfront and one
discharges into a creek that flows into the Harbor. The average annual CSO discharge is 32 million
gallons (MG), which occurs over an average of 67 separate events per year. Completion of the CSO
control program will reduce annual discharges to less than 5 MG and average annual frequency to 1.3
per year.
This PROJECT includes installation of a gravity sewer main (over one mile long), installation of two
force mains (each 1.7 miles), construction of flow diversion facilities, retrofit of an existing 4.9 MG
storage tank, improvements of treatment plant capacity and connection to an existing industrial high
capacity outfall. Phase 1 will immediately reduce overflows from Francis St. Park (CSO 10), which
represents half of the total untreated overflow volume, and will relocate wastewater treatment plant
(WWTP) discharges and overflows from the new storage tank to the deeper, higher capacity industrial
outfall.
PART III. PROJECT BUDGET
Total PROJECT Total Eligible Loan Amount
Elements (Objects Tasks) Cost PROJECT Cost
1. Project $200,000 $200,000 $100,000
Administration/Management
2. Archaeology /Cultural Resources 1 $448,000 I $448,0001 $200,000
3. Construction Management,
Construction Engineering, and $2,273,000 $2,273,000 $1,200,000
Quality Assurance
4. Project Construction (low bid) I $16,278,3501 $16,278,3501 $8,500,000
5. Construction Change Order $813,917 $813,917 $0
Contingency (5
Total $20,013,267 $20,013,267 *$10,000,000
*The DEPARTMENT'S Fiscal Office will track to the total eligible LOAN amount. However, the RECIPIEN"
cannot deviate among elements without DEPARTMENT approval.
Other Fundina,Sources: Yes (if Yes, list sources and amounts) No
State
The total PWTF loan amount is $13,500,000 for design, storage tank purchase, and
construction. Of that total, about $9,675,000 will be available for construction costs. Only
construction elements are shown in the table above.
Local Funds
The RECIPIENT will provide $2,222,000 for design ,$376,000 for construction, plus any
additional costs for archaeological monitoring, unforeseen construction conditions,
environmental engineering, and performance monitoring.
Page 7
PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT
(see Important Dates in Part I and Post Project Assessment in Attachment 4)
A. Financial Assistance Water Oualitv Project Goals: One or more of the selected following goals
apply to this project:
Severe Public Health Hazard or Public Health Emergency eliminated.
Designated beneficial uses will be restored or protected, 303(d)- Listed water bodies
restored to water quality standards, and healthy waters prevented from being degraded.
Regulatory compliance with a consent decree, compliance orders, TMDL or waste load
allocation achieved.
B. Water Oualitv Project Outcomes: The following are quantitative results anticipated from the
project.
1. Reduce CSO average annual overflow volume by 50
2. Reduce the annual average number of CSO events in Port Angeles Harbor by 60
3. Reduce fecal coliform levels in the near shore salt water within 1,000 feet of CSO #10
outfall of 20% by 2014.
C. Does this PROJECT address a TMDL: Yes No
D. Environmental Mitigation: Yes No If Yes, list the environmental mitigation measures:
PART V. SCOPE OF WORK
Task 1 Project Administration/Mana2ement
A. The RECIPIENT will administer the PROJECT. Responsibilities will include, but not be
limited to: maintenance of PROJECT records; submittal of payment vouchers, fiscal forms,
progress reports, and the final report; compliance with applicable procurement, contracting, and
interlocal agreement requirements; attainment of all required permits, licenses, easements, or
property rights necessary for the PROJECT; and submittal of required performance items.
B. The RECIPIENT will manage the project. Efforts will include: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to
maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all
affected local, state, or federal jurisdictions; and any interested individuals or groups. The
RECIPIENT will carry out this PROJECT in accordance with any completion dates outlined in
this LOAN agreement.
Required Performance:
1. Effective administration and management of this PROJECT.
2. Timely submittal of all required performance items, progress reports, financial vouchers
and the final PROJECT report.
Page 8
Task 2 Archaeology /Cultural Resources
A. The RECIPIENT's primary archaeological tasks include archaeological monitoring of all
ground disturbances. Additional archaeological sampling in the most archaeological sensitive
areas was conducted in July 2010. The RECIPIENT, DEPARTMENT, and EPA have consulted
with the Washington Department of Commerce, the Washington State Department of
Archaeology and Historic Preservation (DAHP), the Lower Elwha Klallam Tribe (LEKT), and
the Jamestown S'Klallam Tribe regarding the PROJECT. The RECIPIENT is responsible for
meeting the requirements outlined by the negotiated Memorandum of Agreement (MOA)
between the RECIPIENT, DEPARTMENT, DAHP, and LEKT.
B. All ground disturbing activities for the PROJECT will be archaeologically monitored by the
RECIPIENT as part of an accepted Archaeological Monitoring Plan. As part of its agreed
obligations, the RECIPIENT will pay for the presence of LEKT tribal monitors for ground
disturbing activities.
Required Performance:
1. Monitor all excavation activities.
2. Timely and effective communication with the DEPARTMENT and other parties as
outlined in the terms of the Archaeological Monitoring Plan and MOA.
3. Protect or recover archaeological resources consistent with MOA, state, federal and
tribal requirements.
4. Submit final report to the appropriate agencies.
Task 3 -Construction Management. Construction Engineering, and Oualitv Assurance
A. The RECIPIENT will provide adequate and competent construction management and
inspection for the PROJECT. The RECIPIENT will revise or update the schedule whenever
major changes occur and resubmit to the DEPARTMENT. The RECIPIENT will review and
approve change orders (see Task 5) and authorize payments to the construction contractor.
B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173 -240-
075) arid submit it to the DEPARTMENT for approval. This plan must describe the activities
which the RECIPIENT will undertake to achieve adequate and competent oversight of all
construction work.
C. To prov ide construction quality assurance and quality control, the RECIPIENT and the
engineering consultant will conduct field engineering and construction inspection to ensure the
work and materials are in conformance with the contract documents and are of acceptable
quality. Performance testing of treatment, pumping and control equipment will be monitored to
ensure compliance with specifications and ability to meet performance requirements. Daily
written; and verbal reports of construction activities will be provided.
D. The RECIPIENT and the engineering consultant will undertake professional engineering work
as required during the course of construction. Engineering support during construction may be
required to interpret original design intent, review Contractor proposed changes, develop
solutions to adapt the design to any unforeseen conditions, and review Contractor submittals
Page 9
that document materials, equipment, and systems to be incorporated into the work. Also
included is engineering consultant preparation of Operation and Maintenance (O &M) manuals
for new facilities consistent with the requirements of WAC 172 -240 -080, and the preparation of
record drawings to document as -built conditions. The RECIPIENT will provide the
DEPARTMENT's Project Manager with a set of "as- built" plans.
E. Upon project completion, the RECIPIENT will submit the Declaration of Construction
Completion form to the DEPARTMENT in accordance with WAC 173 240 -090. The form,
when signed by a professional engineer, indicates that the project was completed in accordance
with the plans and specifications and major change orders approved by the DEPARTMENT,
and is accurately shown on the as -built plans.
F. As construction of the project is completed, the RECIPIENT shall perform start-up processes
for new facilities and work with the Contractor to perform tests to confirm that construction has
been satisfactorily completed and that required equipment and specified system performance is
attained.
G. Performance of the completed improvements in reducing overflows will be measured in initial
and subsequent years by the RECIPIENT and the engineering consultant. In addition to
measuring overflows at the four existing CSO sites, overflows from the flow diversion and
storage system will be measured and recorded with results included in the RECIPIENT's
annual reporting. Distinct monitoring and reporting activities will provide information on
performance of the Phase 1 improvements. Monitoring occuring after PROJECT activities are
concluded will not be eligible for reimbursement.
Required Performance:
1. Submit a copy of all executed contracts for engineering services and construction
performed under this task. The RECIPIENT must submit executed contracts before the
DEPARTMENT will provide reimbursement for work performed under this task.
2. Facilitate initial Construction Partnering Workshop and regular meetings thereafter.
3. Invite DEPARTMENT Project and Financial managers to pre construction meeting.
4. Submit a Construction Quality Assurance Plan.
5. Ensure a high level of construction quality.
6. Ensure PROJECT is constructed as outlined in approved Plans and Specifications
7. Submit Record Drawings (as- builts) to DEPARTMENT.
8. Provide O &M Manual for review and approval by the DEPARTMENT.
9. Submit a Declaration of Construction completion.
Task 4 Proiect Construction (low bid)
A. The RECIPIENT will include the DEPARTMENT's specification insert in the bid documents.
The RECIPIENT will execute a contract with the low responsive responsible bidder to
construct the PROJECT.
B. The selected construction contractor will perform all construction activities for the project.
Contractor responsibilities include provision of material for and construction of the project
components listed below in conformance with the contract documents, and within the contract
Page 10
time specified.
C. The PROJECT includes conveyance improvements, added storage and pumping, and
wastewater treatment plant (WWTP) capacity improvements to the RECIPIENT's wastewater
system.IThe project also involves placing a former industrial outfall into service as the primary
outfall from the WWTP. The RECIPIENT will complete the construction in accordance with
the approved Plans and Specifications. The specific PROJECT elements are listed below:
1. Three new force mains, slip -lined within the industrial water line (IWL), from the
intersection of Railroad Avenue and Oak Street to the Rayonier property.
2. Gravity wastewater pipeline from Francis Street Park to the WWTP.
3. A new 100 foot long bridge to carry the three wastewater mains will span Ennis Creek.
4. A new influent diversion structure, located west of the headworks of the WWTP just
inside the boundary of the former Rayonier property, will divert flows in excess of
WWTP capacity to a storage tank
5. Pipelines to and from the storage tank, a return pump station, and associated
components.
6. Modifications to the 4.9 million gallon (MG) storage tank.
7. New 36 inch diameter emergency overflow pipe from the storage tank
8. Internal WWTP improvements (chlorine contact tank, headworks, trickling filter)
within the footprint of the existing plant.
9. An effluent diversion structure and weir system within the WWTP to route normal
flows to the industrial outfall.
10. Retrofit of a portion of the abandoned 42 inch diameter former industrial outfall pipe.
D. The RECIPIENT will conduct a pre construction conference and invite DEPARTMENT staff.
Required Performance:
1. Satisfactory completion of the PROJECT in conformance with the approved Plans and
Specifications.
2. Submit all required submittals as described in the General Project Management
Guidelines (Attachment 4), including:
a. Bid Tabs, the Notice of Award, and a copy of the executed contract. The
RECIPIENT must submit Bid Tabs, the Notice of Award, and a copy of the
executed contract before the DEPARTMENT will provide reimbursement for
work performed under this task.
b. Copy of the advertisement for bids and the affidavit of publication.
c. Copy of the notice to proceed.
d. Minutes of the pre- construction meeting.Ensure constructed facilities in
conformance with Contract Documents.
3. Complete work in a timely manner.
4. Ensure successful start-up of new systems.
5. Provide required training of RECIPIENT staff regarding warranties, and guarantees for
the equipment, materials, and workmanship.
6. Comply with all applicable State and Federal regulations and requirements related to the
work.
Page 11
Task 5 Construction Chance Order Contineencv
A. The RECIPIENT will negotiate all change orders to the construction contract necessary for
successful completion of the PROJECT.
B. The RECIPIENT will submit the change orders to the DEPARTMENT for approval as
described in the General Project Management Guidelines (Attachment 4).
Required Performance:
Submit all change orders to the DEPARTMENT. Changes to the construction contract must be
approved prior to reimbursement for work performed under this task.
PART V(a). SPECIAL TERMS AND CONDITIONS
The RECIPIENT is required to obtain an investment grade efficiency audit (IGEA) for projects
involving repair, replacement, or improvement of a wastewater treatment facility or other public works
facility. The IGEA must include an analysis of potential energy and water efficiency measures and
identify cost effective measures for the RECIPIENT's facility. For more information on conducting an
IGEA, contact the Department of General Administration's Energy Program. The RECIPIENT agrees
to provide the DEPARTMENT a copy of the IGEA prior to the completion date of this LOAN
agreement.
The RECIPIENT may request an exemption from this requirement if it can demonstrate that an ILEA.
is not obtainable for the facility. A request for an exemption must be submitted within six months of
the effective date of this LOAN agreement. An exemption form is available on the DEPARTMENT's
website at http: /www.ecy.wa.gov /programs /wq /funding /funding.html An IGEA is considered not
obtainable if (for example) the facility does not use metered water or power, the project is already
underway such that an IGEA could not be obtained, or a preliminary audit indicates that cost effective
energy and water efficiency measures do not exist for the RECIPIENT's facility.
Expenses incurred to obtain an IGEA are eligible for reimbursement as administrative costs under this
LOAN agreement.
PART VI. LOAN INTEREST RATE AND TERMS
Source and Availability: LOAN Amounts: LOAN Terms
This LOAN agreement will remain in effect until the date of final repayment of the LOAN, unless
terminated earlier according to the provisions herein.
Subject to all of the terms, provisions, and conditions of this LOAN agreement, and subject to the
availability of funds, the DEPARTMENT will loan to the RECIPIENT the sum of ten million dollars
($10,000,000) (estimated LOAN Amount).
When the PROJECT Completion Date has occurred, the DEPARTMENT and the RECIPIENT will
execute an amendment to this LOAN agreement which details the final LOAN amount (Final LOAN
Amount), and the DEPARTMENT will prepare a final LOAN repayment schedule, in the form of
ATTACHMENT 8. The Final LOAN Amount will be the combined total of actual disbursements made
Page 12
on the LOAN and all accrued interest to the computation date.
The Estimated LOAN amount and the Final LOAN amount (in either case, as applicable, a "LOAN
Amount will bear interest at the rate of 2.6% percent per annum, calculated on the basis of a 365 day
year. Interest on the Estimated LOAN Amount will accrue from and be compounded monthly based
on the date that each payment is mailed to the RECIPIENT. The Final LOAN Amount will be repaid
in equal installments semiannually over a term of 20 years, as provided in ATTACHMENT 8.
PART VII. ALL AGREEMENTS CONTAINED HEREIN
The RECIPIENT will ensure this PROJECT is completed according to the details of this LOAN
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project- related work, if approved by the DEPARTMENT.
Webpage addresses may be provided throughout this LOAN agreement for your convenience,
however, if any of these addresses do not work, it is the responsibility of the RECIPIENT. to contact
the DEPARTMENT for the updated webpage address or the necessary information.
The following contain the entire understanding between the parties, and there are no other
understandings or representations other than as set forth, or incorporated by reference, herein:
This LOAN agreement
ATTACHMENT 1: Opinion of RECIPIENT's Legal Counsel
ATTACHMENT 2: Authorizing Ordinance or Resolution
ATTACHMENT 3: Preaward Compliance Review Report for All Applicants Requesting Federal
Assistance
ATTACHMENT 4: General Project Management Requirements
ATTACHMENT 5: Agreement Definitions
ATTACHMENT 6: LOAN General Terms and Conditions (Pertaining to Grant and Loan
Agreements) of the Department of Ecology
ATTACHMENT 7: The Federal Funding Accountability and Transparency Act (FFATA) The
Clean Water State Revolving Fund Initial Data Reporting Sheet
ATTACHMENT 8: Estimated LOAN Repayment Schedule
The effective edition, at the signing of this LOAN agreement, of the DEPARTMENT'S
"Administrative Requirements for Ecology Grants and Loans"
The associated funding guidelines that correspond to the Fiscal Year in which the project is funded
The applicable statutes and regulations
As a subrecipient of federal funds (Catalogue of Federal Domestic Assistance Number 66.458)
the RECIPIENT must comply with the following federal regulations:
OMB Circular A -133, Audits of States, Local Governments, and Non Profit Organizations
OMB Circular A -133, Compliance Supplement
OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments
OMB Circular A -102, Uniform Administrative Requirements
No changes, additions, or deletions to this LOAN agreement will be authorized without a formal
written amendment, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT
may redistribute the loan budget. The DEPARTMENT or the RECIPIENT may change their
Page 13
respective staff contacts without the concurrence of either party.
By signing this LOAN agreement, the RECIPIENT acknowledges that opportunity to thoroughly
review the terms of this LOAN agreement, the attachments, all incorporated or referenced documents,
as well as all applicable statutes, rules, or guidelines mentioned in this LOAN agreement was given.
IN WITNESS WHEREOF, the DEPARTMENT and the RECIPIENT have executed this LOAN
agreement as of the dates set forth below, to be effective as provided above.
STATE OF WASHINGTON CITY OF PORT ANGELES
DEPARTMENT OF ECOLOGY
KELL
W
E IND, P.E., P.G. DATE
QUALITY PROGRAM MANAGER
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(October 29, 2009)
Boilerplate Update September 8, 2011
P ID
CHERIE KIDD DATE
MAYOR
Page 14
ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL
I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney
of the City of Port Angeles [the RECIPIENT], and I have examined any and all documents and records
pertinent to the LOAN agreement.
Based on the foregoing, it is my opinion that:
A. The RECIPIENT is a duly organized and legally existing municipal corporation or
political subdivision under the laws of the state of Washington or a federally recognized
Indian tribe;
B. The RECIPIENT has the power and authority to execute and deliver and to perform its
obligations under the LOAN agreement;
C. The LOAN agreement has been duly authorized and executed by RECIPIENT's
authorized representatives and, to my best knowledge and after reasonable investigation,
all other necessary actions have been taken to make the LOAN agreement valid, binding,
and enforceable against the RECIPIENT in accordance with its terms, except as such
enforcement is affected by bankruptcy, insolvency, moratorium, or other laws affecting
creditors' rights and principles of equity if equitable remedies are sought;
D. To my best knowledge and after reasonable investigation, the LOAN agreement does not
violate any other agreement, statute, court order, or law to which the RECIPIENT is a
party or by which it or its properties are bound;
E. There is currently no litigation seeking to enjoin the commencement or completion of the
PROJECT or to enjoin the RECIPIENT from entering into the LOAN agreement or from
accepting or repaying the LOAN. The RECIPIENT is not a party to litigation which will
materially affect its ability to repay such LOAN on the terms contained in the LOAN
agreement; and
F. The LOAN agreement constitutes a valid obligation of the RECIPIENT payable from the
Net Revenues of the Utility.
Capitalized terms used herein will have the meanings ascribed thereto in the LOAN agreement
between the RECIPIENT and the DEPARTMENT.
4/
REChPIENT's Legal Counsel
Page 1 of ATTACHMENT 1
Date
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Cont' d)
Ordinance No. 3410
RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
PUBLIC HEARINGS
QUASI- JUDICIAL:
Deputy Mayor Perry read the Ordinance by title, entitled,
Motion carried 5 -0.
ORDINANCE NO. 3410
CITY COUNCIL MEETING
September 21, 2010
AN ORDINANCE of the City of Port Angeles, Washington, amending
Ordinance 3373 establishing the Facade and Signage Improvement
Program.
It was moved by Downie and seconded by Nelson to:
Waive the second reading and Adopt the Ordinance as read by title.
Motion carried 4-0, with Councilmember Collins abstaining due to his
involvement with a previous round of Facade and Signage Improvement
Program grants.
None
OTHER 4.) Combined Sewer Overflow Loan Application Fiscal Year 2012;
CONSIDERATIONS:
Councilmember Kidd read sections of the staff report included in the Council
Packet. She explained that the public deserved an explanation of the loan
application because of the financial burden on Port Angeles taxpayers. She stated
that this was Port Angeles' largest unfunded mandate. Council discussion
followed.
It was moved by Downie and seconded by Collins to:
Authorize the Mayor to sign the Fiscal Year 20I2 Funding Cycle Application
certification, in an amount not to exceed 510,000,000. In addition, if a grant or loan
is approved, authorize the Mayor to execute the agreement.
Council discussion followed. Motion carried 5-0.
1. Preliminary Subdivision Approval Pendley Estates Housing Authority of
the County of Clallam
Director West described the subdivision project location, size, and stated that the
Planning Commission had recommended approval. He asked Council to state their
ability to hear the matter in a fair and judicial manner, and all Councilmembers in
attendance agreed they were qualified. Council discussion followed.
It was moved by Kidd and seconded by Nelson to:
Concur with the Planning Commission and approve the preliminary subdivision
citing Conditions 1 -9, Findings 1 -22, and Conclusions A -D, as set forth in
Attachment "A" that is attached to and becomes a part of these minutes.
5
6726
FORM Approved By OMB: No. 2030 -0020 Expires 04 -30 -2012
ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS
REOUESTING FEDERAL ASSISTANCE
Form available electronically at: httD• /www.eDa.aov /oad /forms /forms htm
(Super crosscutter: required for all loans, except Centennial)
Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance Note: Read
instructions on page two of this attachment.
I. Applicant/Recipient (Name, Address, State, Zip Code). DUNS No.
City of Port Angeles, PO Box 1150, 321 E Fifth Street, Port Angeles, WA 98362 148344047
II. Is the applicant currently receiving EPA assistance?
III List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color,
national origin, sex, age, or disability (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse
side.) None
IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipient within the last year that allege discrimination
based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not
include employment complaints not covered by 40 C F.R. Parts 5 and 7. See instructions on reverse side.) None
V. List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review
and any decisions, orders, or AGREEMENTs based on the review. Please describe any corrective action taken. (40 C.F.R. 7.80(c)(3))
VI. Is the applicant requesting EPA assistance for new construction? If no, proceed to VII; if yes, answer (a) and/or (b) below. a. If the grant is
for new construction, will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by
persons with disabilities? If yes, proceed to VII, if no, proceed to VI(b) b. If the grant is for new construction and the new facilities or alterations to
existing facilities will not be readily accessible to and usable by persons with disabilities, explain how a regulatory exception (40 C.F.R. 7.70) applies.
VII.* Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, sex, age,
or disability in its programs or activities? (40 C.F.R. 5.140 and 7.95) a. Do the methods of notice accommodate those with impaired vision or
hearing? b. Is the notice posted in a prominent place in the applicant's offices or facilities or, for education programs and activities, in appropriate
periodicals and other written communications? c. Does the notice identify a designated civil rights coordinator? Yes, the methods of notice
accommodate those with impaired vision or hearing. Yes, the notice posted is in a prominent place in the applicant's office or facilities. Yes, the
notice identifies a designated civil rights coordinator.
VIII.* Does the applicant/recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40
C.F.R. 7.85(a)) No
IX.* Does the applicant/recipient have a policy /procedure for providing access to services for persons with limited English proficiency? (40 C.F.R.
Part 7, E.O. 13166) No
X.* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee to coordinate its
compliance with 40 C.F.R. Parts 5 and 7? Provide the name, title, position, mailing address, e-mail address, fax number, and telephone number of
the designated coordinator Yes. The designated person to coordinate compliance with 40 C.F.R. Parts 5 and 7 is:
Bob Coons
Human Resource Manager,
321 East Fifth Street
Port Angeles, Washington 98362
bobcoo nsOcitvofoa.us,
Fax Number: (360) 417 -4637
Work Phone: (360) 417 -4511
XI* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the
prompt and fair resolution of complaints that allege a violation of 40 C.F.R Parts 5 and 7? Provide a legal citation or Internet address for, or a copy of,
the procedures Yes
For the Applicant/Recipient I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. I
acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I
will fully comply with all applicable civil rights statutes and EPA regulations
Q- �r -s-�- 10
A. Signature of Authorized 0 icial B. Title of Au orized Official C. Date
Page 1 of ATTACHMENT 3
FORM Approved By OMB No. 2030 -0020 Expires 04 -30 -2012
For the U.S. Environmental Protection Agency I have reviewed the information provided by the applicant/recipient and hereby certify that the
applicant/recipient has submitted all preaward compliance information required by 40 C.F.R. Parts 5 and 7; that based on the information submitted, this
application satisfies the preaward provisions of 40 C.F.R. Parts 5 and 7; and that the applicant has given assurance that it will fully comply with all
applicable civil rights statutes and EPA regulations.
A. Signature of Authorized EPA Official See note on
reverse side.
B Title of Authorized EPA Official C. Date
Page 2 of ATTACHMENT 3
General
Recipients of Federal financial assistance from the U.S.
Environmental Protection Agency must comply with the following
statutes and regulations.
Title VI of the Civil Rights Acts of 1964 provides that no person in
the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity
receiving Federal financial assistance. The Act goes on to explain
that the statute shall not be construed to authorize action with respect
to any employment practice of any employer, employment agency, or
labor organization (except where the primary objective of the Federal
financial assistance is to provide employment).
Section 13 of the 1972 Amendments to the Federal Water Pollution
Control Act provides that no person in the United States shall on the
ground of sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under the Federal Water
Pollution Control Act, as amended. Employment discrimination on
the basis of sex is prohibited in all such programs or activities.
Section 504 of the Rehabilitation Act of 1973 provides that no
otherwise qualified individual with a disability in the United States
shall solely by reason of disability be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
Employment discrimination on the basis of disability is prohibited in
all such programs or activities.
The Age Discrimination Act of 1975 provides that no person on the
basis of age shall be excluded from participation under any program
or activity receiving Federal financial assistance. Employment
discrimination is not covered. Age discrimination in employment is
prohibited by the Age Discrimination in Employment Act
administered by the Equal Employment Opportunity Commission.
Title IX of the Education Amendments of 1972 provides that no
person in the United States on the basis of sex shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any education program or activity receiving
Federal financial assistance. Employment discrimination on the basis
of sex is prohibited in all such education programs or activities. Note:
an education program or activity is not limited to only those
conducted by a formal institution.
40 C.F.R. Part 5 implements Title IX of the Education Amendments
of 1972
40 C.F.R. Part 7 implements Title VI of the Civil Rights Act of 1964,
Section 13 of the 1972 Amendments to the Federal Water Pollution
Control Act, and Section 504 of The Rehabilitation Act of 1973.
The Executive Order 13166 (E.O. 13166) entitled; "Improving
Access to Services for Persons with Limited English Proficiency"
requires Federal agencies work to ensure that recipients of Federal
financial assistance provide meaningful access to their LEP
applicants and beneficiaries.
Page 3 of ATTACHMENT 3
FORM Approved By OMB: No. 2030 -0020 Expires 04 -30 -2012
Items
"Applicant" means any entity that files an application or unsolicited
proposal or otherwise requests EPA assistance. 40 C.F.R.
5.105,7.25.
"Recipient" means any entity, other than applicant, which will actually
receive EPA assistance. 40 C F.R. 5.105, 7.25.
"Civil rights lawsuits and administrative complaints" means any
lawsuit or administrative complaint alleging discrimination on the
basis of race, color, national origin, sex, age, or disability pending or
decided against the applicant and/or entity which actually benefits
from the grant, but excluding employment complaints not covered by
40 C.F.R. Parts 5 and 7. For example, if a city is the named applicant
but the grant will actually benefit the Department of Sewage, civil
rights lawsuits involving both the city and the Department of Sewage
should be listed.
"Civil rights compliance review" means any review assessing the
applicant's and /or recipient's compliance with laws prohibiting
discrimination on the basis of race, color, national origin, sex, age, or
disability.
Submit this form with the original and required copies of applications,
requests for extensions, requests for increase of funds, etc. Updates of
information are all that are required after the initial application
submission
If any item is not relevant to the project for which assistance is
requested, write "NA" for "Not Applicable."
In the event applicant is uncertain about how to answer any questions,
EPA program officials should be contacted for clarification.
Q uestions VII XI are for informational use only and will not affect
an applicant's grant status However, applicants should answer all
questions on this form. (40 C F.R. Parts 5 and 7).
Note: Signature appears in the Approval Section of the EPA
Comprehensive Administrative Review For Grants /Cooperative
AGREEMENTs Continuation/Supplemental Awards form.
Approval indicates, in the reviewer's opinion, questions I VI of Form
4700 -4 comply with the preaward administrative requirements for EPA
assistance.
"Burden Disclosure Statement"
EPA estimates public reporting burden for the preparation of this form
to average 30 minutes per response. This estimate includes the time for
reviewing instructions, gathering and maintaining the data needed and
completing and reviewing the form. Send comments regarding the
burden estimate, including suggestions for reducing this burden, to:
U.S. EPA, Attn: Collection Strategies Division (MC 2822T), Office of
Information Collection, 1200 Pennsylvania Ave., NW, Washington,
D C. 20460; and to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, D.C. 20503.
The information on this form is required to enable the U.S.
Environmental Protection Agency to determine whether applicants and
prospective recipients are developing projects, programs and activities
on a nondiscriminatory basis as required by the above statutes and
regulations.
ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REOUIREMENTS
FOR THE WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
AND CENTENNIAL CLEAN WATER PROGRAM PROJECTS
(UNLESS MODIFIED BY A SPECIAL TERM AND CONDITION IN PART V.)
ACCOUNTING STANDARDS
The RECIPIENT will maintain accurate records and accounts for the PROJECT "PROJECT
Records in accordance with Chapter 43.09.200 RCW "Local Government Accounting Uniform
System of Accounting."
These PROJECT Records will be separate and distinct from the RECIPIENT's other records and
accounts (General Accounts). Eligible costs will be audited every other year, or annually if more than
$500,000 of federal funds are received in any given year. Audits will be performed by an independent,
certified accountant or state auditor, which may be part of the annual audit of the General Accounts of
the RECIPIENT. If the annual audit includes an auditing of this PROJECT, a copy of such audit,
including all written comments, recommendations, and findings, will be furnished to the
DEPARTMENT within 30 days after receipt of the final audit report.
ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE
Technical assistance for agriculture activities provided under the terms of this LOAN will be consistent
with the current U.S. Natural Resource Conservation Service "NRCS Field Office Technical Guide
for Washington State. However, technical assistance, proposed practices, or PROJECT designs that do
not meet these standards may be accepted if approved in writing by the NRCS and the
DEPARTMENT.
ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES
Best Management Practices (BMPs) intended primarily for production, operation, or maintenance are
not eligible. BMPs must be pre approved by the DEPARTMENT.
AUTHORITY
Authority of RECIPIENT
This LOAN agreement is authorized by the Constitution and laws of the state of Washington, including
the RECIPIENT's authority, and by the RECIPIENT pursuant to the ordinance or resolution attached
as ATTACHMENT 2.
Opinion of RECIPIENT's Legal Counsel
The DEPARTMENT has received an opinion of legal counsel to the RECIPIENT in the form and
substance of ATTACHMENT 1.
CERTIFICATIONS
The RECIPIENT certifies by signing this LOAN agreement that all negotiated interlocal agreements
necessary for the PROJECT are, or will be, consistent with the terms of this LOAN agreement and
Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT will submit a copy of each
interlocal agreement necessary for the PROJECT to the DEPARTMENT.
Page 1 of ATTACHMENT 4
The RECIPIENT certifies by signing this LOAN agreement that all applicable requirements have been
satisfied in the procurement of professional services and that eligible and ineligible costs are separated
and identifiable. The RECIPIENT will submit a copy of the final negotiated agreement to the
DEPARTMENT for eligibility determination.
The RECIPIENT certifies by signing this LOAN agreement that the requirements of Chapter 39.80
RCW, "Contracts for Architectural and Engineering Services," have been, or will be, met in procuring
qualified architectural /engineering services. The RECIPIENT will identify and separate eligible and
ineligible costs in the final negotiated agreement and submit a copy of the agreement to the
DEPARTMENT.
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR
VOLUNTARY EXCLUSION:
1. The RECIPIENT, by signing this agreement, certifies that it is not suspended, debarred, proposed
for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT is unable
to certify to the statements contained in the certification, they must provide an explanation as to
why they cannot.
2. The RECIPIENT will provide immediate written notice to the DEPARTMENT if at any time the
RECIPIENT learns that its certification was erroneous when submitted or had become erroneous
by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction,'principal, proposal, and voluntarily excluded, as
used in this clause, have the meaning set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. The RECIPIENT may contact the DEPARTMENT for
assistance in obtaining a copy of those regulations.
4. The RECIPIENT agrees it will not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction.
5. The RECIPIENT further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR
VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in
all solicitations for lower tier covered transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. The RECIPIENT acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of
legal remedies, including suspension and debarment.
8. The RECIPIENT agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to the
Page 2 of ATTACHMENT 4
DEPARTMENT before requests for reimbursements will be approved for payment. The
RECIPIENT must run a search in www.enls.gov and print a copy of completed searches to
document proof of compliance.
CLEAN WATER STATE REVOLVING FUND INITIAL DATA REPORTING SHEET (DATA
SHEET)
The RECIPIENT will submit the completed Data Sheet to the DEPARTMENT. The completed Data
Sheet will be included in this LOAN agreement as ATTACHMENT 7 Part 2 (see ATTACHMENT 7
for further instructions).
COMMENCEMENT OF WORK
The DEPARTMENT reserves the right to terminate this LOAN agreement if work does not commence
on the project within 4 months after the DEPARTMENT's deadline for signing this LOAN agreement.
COVENANTS AND AGREEMENTS
Acceptance
The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this LOAN agreement, including all incorporated and referenced documents, and to
fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its
application, accompanying documents, and communications filed in support of its request for a LOAN.
Accounts and Records
The RECIPIENT will keep proper and separate accounts and.records in which complete and separate
entries will be made of all transactions relating to this LOAN agreement. The RECIPIENT will keep
such records for six years after receipt of final LOAN disbursement.
Alteration and Eligibility of PROJECT
During the term of this LOAN agreement, the RECIPIENT (i) will not materially alter the design or
structural character of the PROJECT without the prior written approval of the DEPARTMENT and (ii)
will take no action which would adversely affect the eligibility of the PROJECT as defined by
applicable funding program rules and state statutes, or which would cause a violation of any covenant,
condition, or provision herein.
Collection of ULID Assessments (if used to secure the repayment of this LOAN)
All ULID Assessments in the ULID will be paid into the LOAN Fund and used to pay the principal of
and interest on the LOAN. The ULID Assessments in the ULID may be deposited into the Reserve
Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable.
Free Service
The RECIPIENT will not furnish Utility service to any customer free of charge if providing that free
service will affect the RECIPIENT'S ability to meet the obligations of this LOAN agreement.
Insurance
The RECIPIENT will at all times carry fire and extended coverage, public liability and property
damage, and such other forms of insurance with responsible insurers and with policies payable to the
RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility
as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like
Page 3 of ATTACHMENT 4
systems, and against such claims for damages as are ordinarily carried by municipal or privately
owned utilities engaged in the operation of like systems, or it will self insure or will participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to
protect it against loss.
Levy and Collection of Taxes (if used to secure the repayment of this LOAN)
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges to include in its budget
and levy taxes annually within the constitutional and statutory tax limitations provided by law without
a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an
amount sufficient, together with other money legally available and to be used therefore, to pay when
due the principal of and interest on the LOAN, and the full faith, credit and resources of the
RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt
payment of that principal and interest.
Maintenance and Operation of a Funded Utility
The RECIPIENT will at all times maintain and keep a funded Utility in good repair, working order and
condition and also will at all times operate the Utility and the business in an efficient manner and at a
reasonable cost.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of
this LOAN)
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the
Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and
interest on the LOAN.
Reserve Requirement
For loans that are Revenue Secured Debt with terms greater than five years, the RECIPIENT must
accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the
LOAN during the first five years of the repayment period of the LOAN. This amount will be
deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments
commencing within one year after the Initiation of Operation or the PROJECT Completion Date,
whichever comes first.
"Reserve Account" means, for a LOAN that constitutes Revenue Secured Debt, an account of that
name created in the LOAN Fund to secure the payment of the principal and interest on the LOAN.
The amount on deposit in the Reserve Account may be applied by the RECIPIENT (i) to make, in part
or in full, the final repayment to the DEPARTMENT of the LOAN Amount or, (ii) if not so applied,
for any other lawful purpose of the RECIPIENT once the LOAN Amount, plus interest and any other
amounts owing to the DEPARTMENT, have been paid in full.
Sale or Disposition of Utility
The RECIPIENT will not sell, transfer, or otherwise dispose of any of the works, plant, properties,
facilities or other part of the Utility, or any real or personal property comprising a part of the Utility
unless one of the following applies:
1. The facilities or property transferred are not material to the operation of the Utility; or have
become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility;
or are no longer necessary, material, or useful to the operation of the Utility.
2. The aggregate depreciated cost value of the facilities or property being transferred in any
fiscal year comprises no more than three percent of the total assets of the Utility.
Page 4 of ATTACHMENT 4
3. The RECIPIENT receives from the transferee an amount which will be in the same proportion
to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the
total amount outstanding less the amount of cash and investments in the bond and LOAN
Funds securing such debt) as the Gross Revenue of the Utility from the portion of the Utility
sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
The proceeds of any transfer under this paragraph will be used (i) to redeem promptly, or irrevocably
set aside for the redemption of, Senior Lien Obligations and to redeem promptly the LOAN, or (ii) to
provide for part of the cost of additions to and betterments and extensions of the Utility.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
General Compliance. 40 CFR. Part 33. The RECIPIENT agrees to comply with the requirements of
the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's
Business Enterprises (MBE /WBE) 40CFR, Part 33 in procurement under this LOAN agreement.
Non discrimination Provision. The RECIPIENT will not discriminate on the basis of race, color,
national origin or sex in the performance of this LOAN agreement. The RECIPIENT will carry out
applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under
EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a
material breach of this LOAN agreement which may result in the termination of this contract or other
legally available remedies.
The RECIPIENT will comply with all federal and state nondiscrimination laws, including, but not
limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and
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 RECIPIENT's noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this LOAN agreement may be rescinded, canceled, or
terminated in whole or in part, and the RECIPIENT may be declared ineligible for further funding
from the DEPARTMENT. The RECIPIENT will, however, be given a reasonable time in which to
cure this noncompliance.
Fair Share Objective /Goals. 40 CFR, Part 33. Subpart D. If the dollar amount of this LOAN
agreement or the total dollar amount of all of the RECIPIENT's financial assistance agreements in the
current federal fiscal year from the Revolving Fund is over $250,000, the RECIPIENT accepts the
applicable MBE /WBE fair share objectives /goals negotiated with EPA by the Office of Minority
Women Business Enterprises as follows:
Construction 10.00% MBE 6.00% WBE
Supplies 8.00% MBE 4.00% WBE
Services 10.00% MBE 4.00% WBE
Equipment 8.00% MBE 8.00% WBE
By signing this LOAN agreement the RECIPIENT is accepting the fair share objectives /goals stated
above and attests to the fact that it is purchasing the same or similar construction, supplies, services
and equipment, in the same or similar relevant geographic buying market as Office of Minority
Page 5 of ATTACHMENT 4
Women Business Enterprises.
Six Good Faith Efforts. 40 CFR. Part 33. Subpart C. The RECIPIENT agrees to make the following
good faith efforts whenever procuring construction, equipment, services and supplies under this LOAN
agreement. Records documenting compliance with the following six good faith efforts will be
retained:
1) Ensuring Disadvantaged Business Enterprises are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment activities.
For Indian Tribal, State and Local and Government recipients, this will include placing
Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources. Qualified Women and Minority business enterprises may be
found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office
of Minority and Women's Enterprises at 360- 704 -1181.
2) Making information on forthcoming opportunities available to Disadvantaged Business
Enterprises and arrange time frames for contracts and establish delivery schedules, where
the requirements permit, in a way that encourages and facilitates participation by
Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar
days before the bid or proposal closing date.
3) Considering in the contracting process whether firms competing for large contracts could
subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and local
Government recipients, this will include dividing total requirements when economically
feasible into smaller tasks or quantities to permit maximum participation by
Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a
contract is too large for one of these firms to handle individually.
5) Using services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
6) If the prime contractor awards subcontracts, requiring the subcontractors to take the five
good faith efforts in paragraphs 1 through 5 above.
MBE /WBE Reporting. 40 CFR. Part 33. Sections 33.302. 33.502 and 33.503. The RECIPIENT agrees
to provide forms: EPA Form 6100 -2 DBE Subcontractor Participation Form and EPA Form 6100 -3
DBE Subcontractor Performance Form to all its DBE subcontractors, and EPA Form 6100 -4 DBE
Subcontractor Utilization Form to all its prime contractors. These forms may be obtained from the
EPA Office of Small Business Program's website on the internet at www.emeov /osbp.
EPA Form 6100 -2 The RECIPIENT must document that this form was received by DBE
subcontractor. DBE subcontractors may submit the completed form to the EPA Region
10 DBE coordinator in order to document issues or concerns with their usage or
payment for a subcontract.
EPA Form 6100 -3 This form must be completed by DBE subcontractor(s), submitted with
bid, and kept with the contract.
Page 6 of ATTACHMENT 4
EPA Form 6100 -4 This form must be completed by the prime contractor, submitted with bid,
and kept with the contract.
The RECIPIENT also agrees to submit the DEPARTMENT's MBE /WBE participation report Form
D with each payment request.
Contract Administration Provisions. 40 CFR. Section 33.302. The RECIPIENT agrees to comply with
the contract administration provisions of 40 CFR, Section 33.302. The RECIPIENT also agrees to
ensure that recipients of identified loans also comply with provisions of 40CFR, Section 33.302.
The RECIPIENT will include the following terms and conditions in contracts with all contractors,
subcontractors, engineers, vendors, and any other entity for work or services pertaining to this LOAN
agreement.
"The Contractor will not discriminate on the basis of race, color, national origin or sex in the
performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR
part 33 in the award and administration of contracts awarded under Environmental Protection
Agency financial agreements. Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other
legally available remedies."
Bidder List. 40 CFR. Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a
bidders list. The bidders list will include the following information for all firms that bid or quote on
prime contracts, or bid or quote subcontracts, including both MBE /WBEs and non MBE /WBEs.
1. Entity's name with point of contact;
2. Entity's mailing address, telephone number, and e -mail address;
3. The procurement on which the entity bid or quoted, and when; and
4. Entity's status as an MBE /WBE or non MBE /WBE.
FACILITIES PROJECTS: DELIVERABLES (IF APPLICABLE)
Planning documents developed by the RECIPIENT must meet the requirements of Chapter 173 -240
WAC, "Submission of Plans and Reports for Construction of Wastewater Facilities" and incorporate
SERP review.
Plans and Specifications. Plans and specifications developed by the RECIPIENT must be reviewed
and approved by Water Quality Program staff of the DEPARTMENT and be consistent with:
1 Requirements stated in Chapter 173 -240 WAC, "Submission of Plans and Reports for
Construction of Wastewater Facilities," as related to plans and specifications.
2. Good engineering practices and generally recognized engineering standards, including, but
not limited to, the State of Washington's Criteria for Sewage Works Design (2008 or more
recent edition), the Stormwater Management Manual for Western Washington (2005), the
Stormwater Management Manual for Eastern Washington (2001), and the Washington
State Department of Transportation Hydraulics Manual (2010).
3. The approved facilities plan.
4. Other reports approved by the DEPARTMENT which pertain to the facilities design.
Specification Insert. The RECIPIENT will include the Washington State Department of Ecology
Water Pollution Control Revolving Fund Specifications Insert as a special condition in the construction
contract specifications. Contact the DEPARTMENT for the required specification inserts.
Page 7 of ATTACHMENT 4
RECIPIENT Approval. The plans, specifications, construction contract documents, and addenda must
be approved by the RECIPIENT prior to submittal for DEPARTMENT review.
Bid and Award Submittals (as applicable). The RECIPIENT will submit to the DEPARTMENT the
following documents relating to bidding and award of any contract funded by this agreement:
1. A copy of the advertisement for bids.
2. A tabulation of all bids received, and a copy of the bid proposal from the successful bidder,
3. A copy of the Notice of Award, a copy of the executed contract, and a copy of the Notice to
Proceed.
Projected Construction Schedule. An engineer's projected construction schedule will be prepared and
submitted to the DEPARTMENT at 90 percent completion of plans and specifications.
Construction Cost Estimate. A current, updated, detailed construction cost estimate will be submitted
along with each plan/specification submittal. The project manager may request a spreadsheet in
electronic file format.
Form of Plans. All construction plans submitted to the DEPARTMENT for review and approval will
be reduced to no larger than 11 -1/2" x 17" legible size. They may, at the RECIPIENT's option, be
bound with the specifications or related construction contract documents or bound as a separate
document. All reduced drawings must be completely legible. The project manager may request plans
be submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or
Microsoft Word electronic file. All PDF documents submitted will be at a resolution of 300 dpi or
better.
DEPARTMENT Approval. The RECIPIENT will not proceed with any construction- related activities
until all necessary plans and specifications are approved in writing by the DEPARTMENT.
Bids and Awards. DEPARTMENT approval of the plans, specifications, and construction documents
authorizes the RECIPIENT to solicit bids and award the construction contract (or reject bids) without
further DEPARTMENT authorization or approval. However, any additional costs resulting from
successful bid protests or other claims due to improper bid solicitation and award procedures will not
be considered eligible for LOAN participation.
Plan of Interim Operation. The plan of interim operation must be updated, as appropriate, throughout
the PROJECT.
Construction Oualitv Assurance Plan. A detailed construction quality assurance plan will be submitted
at least 30 days prior to the commencement of construction. This plan must describe how adequate
and competent construction inspection will be provided for the PROJECT.
Construction Schedule. A construction schedule will be submitted to the DEPARTMENT within 30
days of the start of construction. The construction schedule will be revised and updated whenever
major changes occur and resubmitted to the DEPARTMENT. When changes in the construction
schedule affect previous cash flow estimates, revised cash flow projections must also be submitted to
the DEPARTMENT. The project manager may request this schedule in an electronic file format.
Chance Orders. Change orders that are a significant deviation from the approved plans /specifications
must be submitted in writing for DEPARTMENT review and approval, prior to execution. All other
change orders must be submitted within 30 days after execution.
The DEPARTMENT may approve, through formal amendment to this LOAN agreement, funding for
change orders for up to five percent of the eligible portion of the low responsive responsible
construction bid(s).
Adjusted Construction Budaet. The construction budget, as reflected in the LOAN, will be adjusted
once actual construction bids are received. If the low responsive responsible construction bid(s)
Page 8 of ATTACHMENT 4
exceed the engineer's estimate of construction costs, the DEPARTMENT may approve funding
increases for up to ten percent of the engineer's original estimate. If the low responsive responsible
construction bid(s) are lower than estimated the DEPARTMENT may reduce funding to reflect the low
bid amount. The DEPARTMENT may also reassess the LOAN amount based on additional funding
from other sources received by the RECIPIENT after negotiation of this LOAN agreement. All
changes to the LOAN amount will be done by formal amendment to this LOAN agreement.
Record Drawings. Upon completion of construction, the RECIPIENT will provide the
DEPARTMENT's Project Manager with a set of record drawings (i.e., record construction drawings
which reflect changes, modifications, or other significant revisions made to the project during
construction) in AutoCAD electronic format, and in reduced (11"x17") paper copy format.
Declaration of Construction Completion. Along with the set of record drawings, the RECIPIENT will
provide certification in the form contained in WAC 173 240 -095, signed by a professional engineer,
indicating that the PROJECT was completed in accordance with the plans and specifications and major
change orders approved by the DEPARTMENT.
Final Proiect Report. The RECIPIENT will complete and submit a Final Project Report upon
completion of the PROJECT. A template is available on the DEPARTMENT's website at:
http: /www.ecv.wa. aov/ programs/ wa/ fundina/ GrantLoanMamtDocs /GrantLoanMamtTools.html.
Operations and Maintenance Manual. An Operations and Maintenance Manual "O &M Manual will
be prepared in conformance with WAC 173 240 -080, "Operation and Maintenance Manual" or other
applicable guidance and submitted to the DEPARTMENT for approval. The O &M Manual will be
updated as necessary following start-up to reflect actual operating experience. The DEPARTMENT's
project manager may request the O &M Manual be submitted in either paper format, PDF format,
Microsoft Word, or other electronic file format acceptable to the DEPARTMENT's project manager.
All PDF documents submitted will be at a resolution of 300 dpi or better.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
REPORTING REQUIREMENTS:
In order to comply with the FFATA, the RECIPIENT must complete the FFATA Data Collection
Form and return it to the DEPARTMENT. The DEPARTMENT will report basic agreement
information, including the required DUNS number, for all federally funded agreements at
www.fsrs.aov This information will be made available to the public at www.usaspendina.aov.
RECIPIENTS who do not have a DUNS number can find guidance at www.arants.aov Please note
that the DEPARTMENT will not sign this LOAN agreement until it has received the completed
FFATA Data Collection Form. The RECIPIENT will submit this form electronically as well as
provide a hard copy to the DEPARTMENT (see ATTACHMENT 7 for detailed instructions).
Any RECIPIENT that meets each of the criteria below must also report compensation for its five top
executives, using the DEPARTMENT's Federal Funding Accountability and Transparency Act
(FFATA) Data Collection Form.
Receives more than $25,000 in federal funds under this award; and
Receives more than 80 percent of its annual gross revenues from federal funds; and
Receives more than $25,000,000 in annual federal funds
See www.fsrs.aov for details of this requirement. If your organization falls into this category, you
must report the required information to Ecology.
Page 9 of ATTACHMENT 4
FORCE ACCOUNT
Prior to using its own forces to accomplish eligible PROJECT work, the RECIPIENT must request
DEPARTMENT approval. The request must include a dollar amount and general description of the
force account work. The request must also include a certification that the RECIPIENT has the legal
authority to perform the work and adequate and technically qualified staff to perform the work without
compromising other government functions. The RECIPIENT agrees to track and report the force
account work submitted to the DEPARTMENT for reimbursement.
GROWTH MANAGEMENT PLANNING
The RECIPIENT certifies by signing this LOAN agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and
Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the
RECIPIENT will notify the DEPARTMENT in writing of this change within 30 days.
INCREASED OVERSIGHT (IF APPLICABLE)
The RECIPIENT will submit all backup documentation with each payment request submittal. In
addition, the DEPARTMENT's Project Manager will establish a schedule for additional site visits to
provide technical assistance to the RECIPIENT and verify progress or payment information.
LOAN REPAYMENT
Sources of LOAN Repayment
1. Nature of RECIPIENT'S Obligation. The obligation of the RECIPIENT to repay the LOAN
from the sources identified below and to perform and observe all of the other agreements
and obligations on its part contained herein will be absolute and unconditional, and will not
be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the
repayment of the LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with
all of the covenants, agreements, and attachments contained herein.
2. For General Obligation. This LOAN is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This LOAN is a General
Obligation Debt of the RECIPIENT payable from special assessments to be imposed within
the constitutional and statutory tax limitations provided by law without a vote of the
electors of the RECIPIENT on all of the taxable property within the boundaries of the
RECIPIENT.
4. For Revenue Secured: Lien Position. This LOAN is a Revenue Secured Debt of the
RECIPIENT's Utility. This LOAN will constitute a lien and charge upon the Net Revenue
junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien
Obligations.
In addition, if this LOAN is also secured by Utility Local Improvement Districts (ULID)
Assessments, this LOAN will constitute a lien upon ULID Assessments in the ULID prior
and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN from
any funds legally available to it.
Page 10 of ATTACHMENT 4
6. Defeasance of the LOAN. So long as the DEPARTMENT will hold this LOAN, the
RECIPIENT will not be entitled to, and will not effect, an economic Defeasance of the
LOAN. The RECIPIENT will not advance refund the LOAN.
If the RECIPIENT defeases or advance refunds the LOAN, it will be required to use the
proceeds thereof immediately upon their receipt, together with other available RECIPIENT
funds, to repay both of the following:
(i) the LOAN Amount with interest
(ii) any other obligations of the RECIPIENT to the DEPARTMENT under this LOAN
agreement, unless in its sole discretion the DEPARTMENT finds that repayment
from those additional sources would not be in the public interest.
Failure to repay the LOAN Amount plus interest within the time specified in the
DEPARTMENT's notice to make such repayment will incur Late Charges and will be
treated as a LOAN Default.
7. Refinancing or Early Repayment of the PROJECT. So long as the DEPARTMENT will
hold this LOAN, the RECIPIENT will give the DEPARTMENT thirty days written notice
if the RECIPIENT intends to refinance or make early repayment of the LOAN.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this LOAN agreement, the
first semiannual payment of principal and interest on this LOAN will be paid no later than
one year after the PROJECT Completion Date or Initiation of Operation Date
Equal payments will be due every six months thereafter.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated
holiday for Washington State agencies, the payment will be due on the next business day
for Washington State agencies.
Payments will be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504 -7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with the
DEPARTMENT's Financial Manager.
No change to the amount of the semiannual principal and interest payments will be made
without a formal amendment to this LOAN agreement. The RECIPIENT will continue to
make semiannual payments based on this LOAN agreement until the amendment is
effective, at which time the RECIPIENT's payments will be made pursuant to the amended
LOAN agreement.
Page 11 of ATTACHMENT 4
2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the
DEPARTMENT pursuant to this LOAN agreement remains unpaid after it becomes due
and payable, the DEPARTMENT may assess a Late Charge. The Late Charge will be one
percent per month on the past due amount starting on the date the debt becomes past due
and until it is paid in full.
3. Repayment Limitations. Repayment of the LOAN is subject to the following additional
limitations, among others: those on Defeasance, refinancing and advance refunding,
termination, and default and recovery of payments.
4. Prepayment of LOAN. So long as the DEPARTMENT will hold this LOAN, the
RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the
LOAN or any portion of the remaining unpaid principal balance of the LOAN Amount.
Any prepayments on the LOAN will be applied first to any accrued interest due and then to
the outstanding principal balance of the LOAN Amount. If the RECIPIENT elects to
prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT will first
contact the DEPARTMENT's Revenue/Receivable Manager of the Fiscal Office.
LOCAL LOAN FUND PROJECTS
Local Loan Fund. The RECIPIENT will use the funds received from the DEPARTMENT under this
LOAN agreement to establish and administer a local loan fund.
Local Loan Fund Servicing. The RECIPIENT will be responsible for local loan servicing and
collecting and tracking local loan payments, but may contract for such services through a lending
institution. The RECIPIENT will officially approve or deny the local loan request and will establish
the local loan interest rate and the repayment period.
Schedule. A schedule for PROJECT completion, including milestone dates for loan marketing
activities, numbers of loan applications and closures, disbursements, application deadlines, etc., will be
submitted by the RECIPIENT with each quarterly progress report.
MODIFICATIONS TO AGREEMENT
No subsequent amendments to this LOAN agreement will be of any force or effect unless reduced to a
writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and
made part hereof, except:
Insubstantial modifications may be approved in writing by the Department's Project Manager without
a formal amendment. Insubstantial changes include:
LOAN agreement contact
Contact for billing /invoice questions
The DEPARTMENT'S Project Manager or Financial Manager
Frequency and number of required submittals
Budget allocations not affecting the total LOAN Amount
Similar changes requested by the RECIPIENT
No amendment to this LOAN agreement will be effective until accepted or affirmed in writing by the
DEPARTMENT. In no event will any oral agreement or oral commitment be effective to amend this
LOAN agreement.
Page 12 of ATTACHMENT 4
PAYMENT REQUEST SUBMITTALS
Equipment Purchase
Equipment not included in a construction plans and specification approval must be pre- approved by the
DEPARTMENT's project manager.
Requests for Payment
Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV.
A copy of this document will be furnished to the RECIPIENT.
1. Procedure. Payment requests will be submitted by the RECIPIENT to the Financial
Manager of the DEPARTMENT.
2. Cost Reimbursable Basis: Payments to the RECIPIENT will be made on a "reimbursable
basis" no more often than once per month unless allowed by the DEPARTMENT's
Financial Manager. The DEPARTMENT's Financial Manager may require the
RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds.
3. Documentation: Each request for payment will be submitted by the RECIPIENT, along
with documentation of the expenses per the DEPARTMENT's ADMINISTRATIVE
REQUIREMENTS.
4. Required Forms: The RECIPIENT will submit all forms and supportive documentation to
the DEPARTMENT's Financial Manager. Invoice voucher submittals will include:
State of Washington Invoice Voucher Form A19 -1A
Form B2 (ECY 060 -7)
Form C2 (ECY 060 -9)
Form D (ECY 060 -11)
5. Period of Payment. Payments will only be made for eligible costs of the PROJECT
pursuant to the LOAN agreement and performed after the effective date and prior to the
expiration date of the LOAN agreement, unless those dates are specifically modified in this
LOAN agreement.
6. Ineligible Costs. Payments will be made only for eligible PROJECT costs incurred and will
not exceed the Estimated LOAN Amount. If any audit identifies LOAN funds which were
used to support ineligible costs, such funds may be immediately due and payable to the
DEPARTMENT notwithstanding any provision to the contrary herein.
7. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and
benefits of the RECIPIENT will be allowed.
8. Certification. Each payment request will constitute a certification by the RECIPIENT to
the effect that all representations and warranties made in this LOAN agreement remain true
as of the date of the request and that no adverse developments, affecting the financial
condition of the RECIPIENT or its ability to complete the PROJECT or to repay the
principal of or interest on the LOAN, have occurred since the date of this LOAN
agreement. Any changes in the RECIPIENT's financial condition will be disclosed in
writing to the DEPARTMENT by the RECIPIENT in its request for payment.
Page 13 of ATTACHMENT 4
POST PROJECT ASSESSMENT SURVEY
The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality
project outcomes and the status of eventual environmental results or goals from the project.
The RECIPIENT will e-mail the survey, as an attachment, to the DEPARTMENT's Project Manager
and the DEPARTMENT's Water Quality Program Performance Measures Lead.
The DEPARTMENT may conduct site interviews and inspections, and may otherwise evaluate the
Project.
PREVAILING WAGE
Prevailing Wage (Davis -Bacon Act):
The RECIPIENT agrees, by signing this LOAN agreement, to comply with the Davis -Bacon Act
prevailing wage requirements. This applies to the construction, alteration, and repair of treatment
works carried out in whole or in part with assistance made available by the State Revolving Fund as
authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372).
Laborers and mechanics employed by contractors and subcontractors will be paid wages not less often
than once a week and at rates not less than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor.
The RECIPIENT will obtain the wage determination for the area in which the PROJECT is located
prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts
(solicitation). These wage determinations will be incorporated into solicitations and any subsequent
contracts. The RECIPIENT will ensure that the required EPA contract language regarding Davis
Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT will maintain
records sufficient to document compliance with the Davis -Bacon Act, and make such records available
for review upon request.
The RECIPIENT also agrees, by signing this LOAN agreement, to comply with State Prevailing
Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the
determination whether the PROJECT involves "public work" and inclusion of the applicable prevailing
wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records
sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for
review upon request.
PROCUREMENT
The RECIPIENT is responsible for procuring professional, personal, and other services using sound
business judgment and good administrative procedures. This includes issuance of invitation of bids,
requests for proposals, selection of contractors, award of subagreements, and other related procurement
matters. The RECIPIENT will follow State procurement laws.
PROGRESS REPORTS
The RECIPIENT will submit progress reports to the DEPARTMENT at least quarterly or such other
schedule as set forth herein. The RECIPIENT will submit a copy of each progress report to both the
Financial Manager and the Project Manager of the DEPARTMENT. Quarterly reports will cover the
periods:
Page 14 of ATTACHMENT 4
January 1 through March 31
April 1 through June 30
July 1 through September 30
October 1 through December 31
Quarterly reports are due 15 days following the end of the quarter being reported. Payment requests
will not be processed without a current Progress Report. A progress report must be submitted even if
no progress has occurred.
A Progress Report Form is available on the DEPARTMENT's website at
httn: /www. ecv. wa. £ov /prorrams /wp/ funding/ GrantLoanMQmtDocs /GrantLoanMgmtTools. html At a
minimum, all progress reports must contain the items outlined in the DEPARTMENT's Progress
Report Form. The DEPARTMENT may request additional information as necessary.
The RECIPIENT will also report in writing to the DEPARTMENT any problems, delays, or adverse
conditions which will materially affect its ability to meet PROJECT objectives or time schedules. This
disclosure will be accompanied by a statement of the action taken or proposed and any assistance
needed from the DEPARTMENT to resolve the situation.
REPRESENTATIONS AND WARRANTIES
The RECIPIENT represents and warrants to the DEPARTMENT as follows:
A. Existence; Authority.
It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian tribe. It has full corporate power and authority to
execute, deliver, and perform all of its obligations under this LOAN agreement and to undertake the
PROJECT identified herein.
B. Application; Material Information.
All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with
its LOAN application were, when made, and are, as of the date the RECIPIENT executes this LOAN
agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the
PROJECT, the LOAN, or this LOAN agreement known to the RECIPIENT which has not been
disclosed in writing to the DEPARTMENT.
C. Litigation; Authority.
No litigation is now pending or, to the RECIPIENT'S knowledge, threatened, seeking to restrain, or
enjoin:
(i)
the execution of this LOAN agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULII) and
the levy and collection of ULID Assessments therein pledged to pay the principal of and
interest on the LOAN (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the
LOAN (for general obligation secured loans and general obligation payable from special
assessment- secured loans); or
(iii) in any manner questioning the proceedings and authority under which the LOAN
agreement, the LOAN, or the PROJECT are authorized. Neither the corporate existence or
boundaries of the RECIPIENT nor the title of its present officers to their respective offices
Page 15 of ATTACHMENT 4
D. Not an Excess Indebtedness
For LOANs secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this LOAN agreement and the LOAN to be made do not
create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
E. Due Regard
For LOANs secured with a Revenue Obligation: The RECIPIENT has exercised due regard for
Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations
and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not
obligated itself to set aside and pay into the LOAN Fund a greater amount of the Gross Revenue of the
Utility than, in its judgment, will be available over and above such Maintenance and Operation
Expense and those debt service requirements.
SEWER -USER ORDINANCES AND USER CHARGE SYSTEM (IF APPLICABLE)
Sewer -Use Ordinance or Resolution
If not already in existence, the RECIPIENT will adopt and will enforce a sewer -use ordinance or
resolution. The sewer use ordinance must include provisions to: 1) prohibit the introduction of toxic
or hazardous wastes into the RECIPIENT's sewer system; 2) prohibit inflow of stormwater; 3) require
that new sewers and connections be properly designed and constructed; and 4) require all existing and
future residents to connect to the sewer system. Such ordinance or resolution will be submitted to the
DEPARTMENT upon request by the DEPARTMENT.
User Charge System
SIGNAGE
is being contested. No authority or proceeding for the execution of this LOAN agreement
has been repealed, revoked, or rescinded.
The RECIPIENT certifies that it has the legal authority to establish and implement a user charge
system and will adopt a system of user charges to assure that each user of the utility will pay its
proportionate share of the cost of operation and maintenance, including replacement during the design
life of the PROJECT.
In addition, the RECIPIENT will regularly evaluate the user charge system, at least annually, to ensure
the system provides adequate revenues necessary to operate and maintain the utility, to establish a
reserve to pay for replacement, to establish the required LOAN Reserve Account, and to repay the
LOAN.
All site specific projects must have a sign of sufficient size to be seen from nearby roadways
acknowledging department financial assistance and left in place throughout the life of the project or
facility. Department logos must be on all signs and documents. Logos will be provided as needed.
SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS)
If a contract is awarded by the RECIPIENT under this LOAN agreement, the RECIPIENT is also
required to utilize the following affirmative steps:
Page 16 of ATTACHMENT 4
1. Place Small Business in Rural Areas (SBRAs) on solicitation lists.
2. Make sure the SBRAs are solicited whenever there are potential sources.
3. Divide total requirements, when economically feasible, into small tasks or quantities to
permit maximum participation by SBRAs.
4. Establish delivery schedules, where requirements of work will permit, which could
encourage participation by SBRAs.
5. Use the services of the Small Business Administration and the Minority Business
Development Agency of the U.S. Department of Commerce, as appropriate.
6. Require the contractor to comply with the affirmative steps outlined above.
The negotiated "Fair Share Percentage" for the SBRAs is one -half of one percent.
There is no formal reporting requirement for SBRAs at this time; however, it is highly recommended
that the RECIPIENT keep records of SBRA participation.
TERMINATION AND DEFAULT; REMEDIES
A. Termination and Default Events
1. For Insufficient DEPARTMENT or RECIPIENT Funds. This LOAN agreement may be
terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds.
2. For Failure to Commence Work. This LOAN agreement may be terminated by the
DEPARTMENT for failure of the RECIPIENT to commence PROJECT work.
3. Past Due Payments. The RECIPIENT will be in default of its obligations under this LOAN
agreement when any LOAN repayment becomes 60 days past due.
4. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance in full by the RECIPIENT of all of its obligations under this
LOAN agreement. The RECIPIENT will be in default of its obligations under this LOAN
agreement if, in the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably
failed to perform any obligation required of it by this LOAN agreement.
B. Procedures for Termination
If this LOAN agreement is terminated prior to PROJECT completion, the DEPARTMENT will
provide to the RECIPIENT a written notice of termination at least five working days prior to the
effective date of termination (the "Termination Date The written notice of termination by the
DEPARTMENT will specify the Termination Date and, when applicable, the date by which the
RECIPIENT must repay any outstanding balance of the LOAN and all accrued interest (the
"Termination Payment Date
C. Termination and Default Remedies
1. No Further Payments. On and after the Termination Date, or in the event of a default event,
the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further
payments under this LOAN agreement.
2. Repayment Demand. In response to a DEPARTMENT initiated termination event, or in
response to a LOAN default event, the DEPARTMENT may in its sole discretion demand
that the RECIPIENT repay the outstanding balance of the LOAN Amount and all accrued
Page 17 of ATTACHMENT 4
interest.
3. Interest after Repayment Demand. From the time that the DEPARTMENT demands
repayment of funds, amounts owed by the RECIPIENT to the DEPARTMENT will accrue
additional interest at the rate of one percent per month, or fraction thereof.
4. Accelerate Repayments. In the event of a default, the DEPARTMENT may in its sole
discretion declare the principal of and interest on the LOAN immediately due and payable,
subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net
Revenue. Repayments not made immediately upon such acceleration will incur Late
Charges.
5. Late Charges. All amounts due to the DEPARTMENT and not paid by the RECIPIENT by
the Termination Payment Date or after acceleration following a default event, as applicable,
will incur Late Charges.
6. Intercept State Funds. In the event of a default event and in accordance with RCW
90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the
DEPARTMENT's sole discretion, be withheld and applied to the repayment of the LOAN.
7. Property to DEPARTMENT. In the event of a default event and at the option of the
DEPARTMENT, any property (equipment and land) acquired under this LOAN agreement
may, in the DEPARTMENT's sole discretion, become the DEPARTMENT's property. In
that circumstance, the RECIPIENT's liability to repay money will be reduced by an amount
reflecting the fair value of such property.
8. Documents and Materials. If this LOAN agreement is terminated, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, and reports or
other materials prepared by the RECIPIENT will, at the option of the DEPARTMENT,
become DEPARTMENT property. The RECIPIENT will be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other
materials.
9. Collection and Enforcement Actions. In the event of a default event, the state of
Washington reserves the right to take any actions it deems necessary to collect the amounts
due, or to become due, or to enforce the performance and observance of any obligation by
the RECIPIENT, under this LOAN agreement.
10. Fees and Expenses. In any action to enforce the provisions of this LOAN agreement,
reasonable fees and expenses of attorneys and other reasonable expenses (including, without
limitation, the reasonably allocated costs of legal staff) will be awarded to the prevailing party
as that term is defined in RCW 4.84.330, "Actions on contract or lease Waiver
prohibited."
11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination
or default remedies provided in this LOAN agreement, the RECIPIENT will not be relieved
of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT
and/or the state of Washington because of any breach of this_LOAN agreement by the
RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until
such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT
is determined.
Page 18 of ATTACHMENT 4
WATER QUALITY MONITORING
Oualitv Assurance Proiect Plan (OAPP):
Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality
Assurance Project Plan (QAPP). The QAPP must follow the DEPARTMENT's "Guidelines for
Preparing Quality Assurance Project Plans for Environmental Studies," (Ecology Publication No. 04-
03-030). The RECIPIENT may also reference the "Technical Guidance for Assessing the Quality of
Aquatic Environments," revised February 1994 (Ecology Publication No. 91 -78).
(Remainder of this page has been intentionally left blank)
Page 19 of ATTACHMENT 4
ATTACHMENT 5: AGREEMENT DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of
this LOAN agreement:
"Administrative Requirements" means the effective edition of DEPARTMENT's ADMINISTRATIVE
REQUIREMENTS FOR ECOLOGY GRANTS AND LOANS at the signing of this LOAN.
"Annual Debt Service" for any calendar year means for any applicable bonds or loans including the
LOAN, all interest plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt
Service for the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by
the number of those years.
"Contract Documents" means the contract between the RECIPIENT and the construction contractor
for construction of the PROJECT.
"Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of
sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an
obligation as it comes due.
"DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency
or department.
"Estimated LOAN Amount" means the initial amount of funds loaned to the RECIPIENT.
"Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start
Date through the PROJECT Completion Date.
"General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem
taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
"General Obligation Payable from Special Assessments Debt" means an obligation of the
RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments
to be imposed within the constitutional and statutory tax limitations provided by law without a vote of
the electors of the RECIPIENT on all of the taxable property within the boundaries of the
RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the
maintenance and operation of the Utility and all earnings from the investment of money on deposit in
the LOAN Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government
grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings
or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the LOAN
Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account
for the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
Page 1 of ATTACHMENT 5
"Guidelines" means the DEPARTMENT's Funding Guidelines that that correlate to the State Fiscal
Year in which the PROJECT is funded.
"Initiation of Operation" is the actual date the Water Pollution Control Facility financed with
proceeds of the LOAN begins to operate for its intended purpose.
"LOAN" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial
Clean Water Fund (Centennial) Loan made pursuant to this LOAN agreement.
"LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as
applicable.
"LOAN Fund" means the special fund of that name created by ordinance or resolution of the
RECIPIENT for the repayment of the principal of and interest on the LOAN.
"Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT
in causing the Utility to be operated and maintained in good repair, working order, and condition
including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes
or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense.
"Principal and Interest Account" means, for a LOAN that constitutes Revenue Secured Debt, the
account of that name created in the LOAN Fund to be first used to repay the principal of and interest
on the LOAN.
"PROJECT" means the PROJECT described in this LOAN agreement.
"PROJECT Completion Date" is the date specified in the LOAN agreement as that on which the
Scope of Work will be fully completed.
"PROJECT Schedule" is that schedule for the PROJECT specified in the LOAN agreement.
"Reserve Account" means, for a LOAN that constitutes Revenue Secured Debt, the account of that
name created in the LOAN Fund to secure the payment of the principal of and interest on the LOAN.
"Revenue- Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue
of a utility and one not a general obligation of the RECIPIENT.
"Scope of Work" means the tasks and activities constituting the PROJECT.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT
outstanding on the date of execution of this LOAN agreement (or subsequently issued on a parity
therewith, including refunding obligations) or issued after the date of execution of this LOAN
agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or
lien of the LOAN, subject only to Maintenance and Operation Expense.
Page 2 of ATTACHMENT 5
"State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution
control revolving fund established by RCW 90.50A.020.
"Termination Date" means the effective date of the DEPARTMENT's termination of the LOAN
agreement.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to the
DEPARTMENT any outstanding balance of the LOAN and all accrued interest.
"Total Eligible PROJECT Cost" means the sum of all costs associated with a water quality project
that have been determined to be eligible for DEPARTMENT grant or loan funding.
"Total PROJECT Cost" means the sum of all costs associated with a water quality project, including
costs that.are not eligible for DEPARTMENT grant or loan funding.
"ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or
construction of additions to and extensions and betterments of the Utility.
"ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are
pledged to be paid into the LOAN Fund (less any prepaid assessments permitted by law to be paid into
a construction fund or account). ULID Assessments will include principal installments and any
interest or penalties which may be due.
"Utility" means the sewer system, stormwater system, or the combined water and sewer system of the
RECIPIENT, the Net Revenue of which is pledged to pay and secure the LOAN.
(Revised September 2007)
Page 3 of ATTACHMENT 5
ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS
PERTAINING TO GRANT AND LOAN AGREEMENTS OF
THE DEPARTMENT OF ECOLOGY
A. RECIPIENT PERFORMANCE
All activities for which grant /LOAN Funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENT's employees. The RECIPIENT shall only use contractor /consultant assistance if that
has been included in the LOAN agreement's final scope of work and budget.
B. SUBGRANTEE /CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this LOAN agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
LOAN agreement, the state of Washington is named as an express third -party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this LOAN agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure
the necessary approvals and permits required by authorities having jurisdiction over the project,
provide assurance to the DEPARTMENT that all approvals and permits have been secured, and
make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
affirmatively support the program of the Office of Minority and Women's Business Enterprises to
the maximum extent possible. If the LOAN agreement is federally funded, the RECIPIENT shall
report to the DEPARTMENT the percent of grant /LOAN Funds available to women or minority
owned businesses.
3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations,
and policies of the United States and the State of Washington which affect wages and job safety.
Page 1 of ATTACHMENT 6
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this LOAN agreement for cause as provided in
Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he /she is otherwise entitled
or, receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this LOAN
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and
task or object. All grant /loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished
under this LOAN agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after
the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and /or
make adjustments accordingly.
3. All work performed under this LOAN agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this LOAN agreement and for at least three years
following grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local
Governments Non Profit Organizations), including the compliance Supplement to OMB Circular
A -133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000
threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final
corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or
such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their
ability to meet project objectives or time schedules. This disclosure shall be accompanied by a
statement of the action taken or proposed and any assistance needed from the DEPARTMENT to
resolve the situation. Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be due within thirty (30)
days following the end of the quarter being reported.
Page 2 of ATTACHMENT 6
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in
the LOAN agreement and no more often than once per month. Each request for payment will be
submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT
along with documentation of the expenses. Payments shall be made for each task/phase of the
project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and
approved as satisfactory by the Project Officer. The payment request form and supportive
documents must itemize all allowable costs by major elements as described in the Scope of Work.
Instructions for submitting the payment requests are found in "Administrative Requirements for
Ecology Grants and Loans part IV, published by the DEPARTMENT. A copy of this document
shall be furnished to the RECIPIENT. When payment requests are approved by the
DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests
shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer
this LOAN agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to
the grant /LOAN agreement and performed after the effective date and prior to the expiration date
of this LOAN agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation
within forty -five (45) days after the expiration date of this LOAN agreement and within fifteen (15)
days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10 of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described
herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such
payment is reasonable and approved according to this LOAN agreement and, as appropriate, upon
completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant /loan shall be refunded
to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law for state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this LOAN agreement.
In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform
any obligation required of it by this LOAN agreement, the DEPARTMENT may refuse to pay any
further funds there under and/or terminate this LOAN agreement by giving written notice of
termination.
A written notice of termination shall be given at least five working days prior to the effective date
of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings,
Page 3 of ATTACHMENT 6
maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this
LOAN agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
damages sustained by the DEPARTMENT and /or the State of Washington because of any breach
of LOAN agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When
this LOAN agreement crosses over state fiscal years the obligation of the DEPARTMENT is
contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or
allot such funds shall be good cause to terminate this LOAN agreement as provided in paragraph
K.1 above.
When this LOAN agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds
paid to the RECIPIENT in accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project
funded herein within four months after the effective date of this LOAN agreement, or by any date
agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this LOAN agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of
any provision of this LOAN agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this LOAN agreement unless stated as such in writing by
the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT
retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or
otherwise use the material(s) or property and to authorize others to use the same for federal, state or
local government purposes. Where federal funding is involved, the federal government may have a
proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as
provided in 35 U.S.C. 200 -212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
Page 4 of ATTACHMENT 6
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements
for Ecology Grants and Loans Part V, shall control the use and disposition of all real and personal
property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of
state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal
property directly to the RECIPIENT for use in performance of the project, it shall be returned to the
B -4 DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen
or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash
or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this LOAN
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this LOAN agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for
each parcel prior to disbursement of funds provided by this LOAN agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses contemplated by this LOAN agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this LOAN agreement to uses other than those for which assistance was
originally approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease
or other conversion or encumbrance which monies granted pursuant to this LOAN agreement lbear
to the total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to
implement sustainable practice's where and when possible. These practices include use of clean energy,
and purchase and use of sustainably produced products (e.g., recycled paper). For more information,
see httn: /www.ecv.wa.aov /sustainabilitv
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this LOAN agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform
obligations required of it by this LOAN agreement, the RECIPIENT may, at the DEPARTMENT's
sole discretion, be required to repay to the DEPARTMENT all grant/LOAN Funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12
per year from the time the DEPARTMENT demands repayment of funds. If payments have been
discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the
RECIPIENT shall not be obligated to repay monies which had been paid to the
Page 5 of ATTACHMENT 6
RECIPIENT prior to such termination. Any property acquired under this AGREEMENT, at the option
of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to
repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this LOAN agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Officer or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for
below.
Q. DISPUTES
Except as otherwise provided in this LOAN agreement, any dispute concerning a question of fact
arising under this LOAN agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails
or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with
appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and
to offer evidence in support of this appeal. The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the
decision of the Director will not be sought before either the Pollution Control Hearings Board or the
Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this LOAN agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this LOAN agreement who exercises any
function or responsibility in the review, approval, or carrying out of this LOAN agreement, shall
participate in any decision which affects his/her personal interest or the interest of any corporation,
partnership or association in which he /she is, directly or indirectly interested; nor shall he /she have any
personal or pecuniary interest, direct or indirect, in this LOAN agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees,
and other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to
persons or property arising from the negligent act or omission of that party or that party's agents or
employees arising out of this LOAN agreement.
T. GOVERNING LAW
This LOAN agreement shall be governed by the laws of the State of Washington.
Page 6 of ATTACHMENT 6
U. SEVERABILITY
If any provision of this LOAN agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this LOAN agreement
which can be given effect without the invalid provision, and to this end the provisions of this LOAN
agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this LOAN agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and
State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms
incorporated herein by reference including the "Administrative Requirements for Ecology Grants and
Loans and (e) the General Terms and Conditions.
SS -010 Rev. 04/04
Page 7 of ATTACHMENT 6
Clean Water State Revolving Fund (CWSRF)
Federal Funding Accountability and Transparency Act (FFATA)
Reporting Form
CWSRF funding requires compliance with the Federal Funding Accountability and Transparency Act by both Ecology and
recipients of CWSRF funding. The purpose of the Transparency Act is to make information available online for the public
to see how recipients are spending federal funds.
One key requirement is for your organization to have a Data Universal Numbering System (DUNS) number and to supply
it via the FFATA reporting process. If you do not already have one, you may get a DUNS number free of charge by
contacting Dun and Bradstreet at www.dnb.com. DEPARTMENT OF ECOLOGY
CWSRF Funding Agreement Number: L1200034
lecipient Information
1. Legal Name 2. DUNS Number
City of Port Angeles 148344047
3. Principle Place of Performance
City of Port Angeles
3a. City 3b. State
Port Angeles Washington
3c. Zip +4 3d. Country
98362 -0217 Clallam
4. In the preceding fiscal year did your organization:
a. Receive 80% or more of annual gross revenue from federal contracts, subcontracts, grants, loans, subgrants,
and /or cooperative agreements; and
b. $25,000,000 or more in annual gross revenues from federal contracts, subcontracts, grants, loans,
subgrants, and /or cooperative agreements; and
c. The public does not have access to information about the compensation of the executives through periodic
reports filed with the IRS or the Security and Exchange Commission per 2 CFR Part 170.330.
NO. Skip to signature block, sign and date, complete page 2, and return.
YES. You must report the following information for the five (5) most highly compensated executives in your
organization. Sign, date and return.
Name Of Official Position Title Total Compensation Amount
1.
2.
3.
4.
5. I
*Note: "Total compensation" means the cash and noncash dollar value earned by the executive during the
subrecipient's past fiscal year. (For more information, see 17 CFR 229.402 (C)(2)).
By signing this document, the Authorized Representative attests to the information above.
Signature of Au
prized Representative
Print Name
Michael C. Puntenney, P.E.,
Acting Director of Public Works,
City of Port Angeles
Page 1 of 2
OCT 2
WATER QUALITY PROGRAM
Date
October 22. 2012
Clean Water State Revolving Fund (CWSRF)
Federal Funding Accountability and Transparency Act (FFATA)
Reporting Form
Please submit this completed form (both pages) using the instructions in your CWSRF agreement for
completion of its Attachment #7. The Department of Ecology will not authorize the CWSRF funding
agreement without this form properly completed and submitted per those instructions.
CWSRF Funding Agreement Number
11200034
Project Description instructions and example below)
The Port Angeles Combined Sewer Overflow (CSO) Phase 1 project will reduce untreated overflows from the
combined sewer system, in compliance with Agreed Order 3853 issued by Ecology in 2006. The approved
CSO Reduction Facilities Plan will be implemented in two phases. Of the four uncontrolled CSO outfalls,
three discharge into Port Angeles Harbor along the city waterfront, and one discharges into a creek that
flows into the Harbor. The average annual CSO discharge is 32 MG, which occurs over an average of 67
separate events per year. .Completion of the CSO control program will reduce annual discharges to less than
5 MG and average annual frequency to 1.3 per year.
This Project includes installation of a gravity sewer main (over 1 mile long), installation of two force mains
(each 1.7 miles), construction of flow diversion facilities, retrofit of an existing 4.9 MG storage tank,
improvements of treatment plant capacity, and connection to an existing industrial high capacity outfall.
Phase 1 will immediately reduce overflows from Francis St. Park (CSO 10), which represents approximately
half of the total untreated overflow volume, and will relocate WWTP discharges and overflows from the new
storage tank to the deeper, higher capacity industrial outfall.
Instructions for Subaward Project Description:
In the first line of the description, provide a title for the subaward that captures the main purpose of the subrecipient's
work. Then, indicate the name of the subrecipient and provide a brief description that captures the overall purpose of the
subaward, how the funds will be used, and what will be accomplished.
Example of a Subaward Project Description:
Increase Healthy Behaviors: Educational Services District XYZ will provide training and technical assistance to chemical
dependency centers to assist the centers to integrate tobacco use into their existing addiction treatment programs. Funds
will also be used to assist centers in creating tobacco -free treatment environments.
Page 2 of 2
11111111111
DEPARTMENT OF
ECOLOGY
State of Washington
Ecology Project Contacts:
Project Manager:
Dave Dougherty
Project Start Date'
Anticipated Project Completion Date:
Anticipated Initiation of Operation Date Of applicable):
Clean Water State Revolving Fund
Initial Data Reporting Sheet
General Project Information
Loan Agreement Number: L1200034
Project Title: CSO Phase 1, Project No. 06 -01
Name of Recipient Organization: City of Port Angeles
Recipient's Project Manager Contact Information (Name, Address, Telephone, Email):
Kathryn Neal
321 East Fifth Street
Port Angeles, WA 98362
(360) 417 -4821
kneal @cityofpa.us
Financial Manager:
Alice Rubin
Total Project Cost: $20,013,267
Total Committed Ecology Loan Funding: $10,000,000
NOTE: Guidance document for the questions below can be found at:
Planning and Design Only
Wastewater Treatment Works Categories
Category I
Category II
Category IIIA
Category IIIB
OA
OA
Project Details
August 8, 2012
March 31, 2014
January 31, 2014
htto /www.ecv.wa aov/ programs /wa /fundina/ GrantLoanMamtDocs /GuidanceSRFlnitialReoort doc
Categories for the Project (choose all that are involved in the scope of work of this project. And the
percentage, by cost, of the project work involved in each of those categories.) (See Guidance document for
the Category descriptions):
Category IVA
Category IVB
Category V
Category VI
Category X
Nonooint Source Cateaories
0 /0
100%
Category VII -A
Category VII -B
Category VII -C
Category VII -D
Category VII -E
Category VII -F
Category VII -G
Category VII -H
Category VII -I
Category VII -J
Category VII -K
Category VII -L
Population Served by the Recipient Organization:
19,038
Check all that this project involves:
Ocean Outfall
Estuary/Coastal Bay
Wetland
Surface Water (Stream, River, Lake)
Groundwater
Land Application
Eliminates Discharge
Involves No Change in Discharge
Discharge is Seasonal
No Discharge Involved
Clean Water State Revolving Fund
Initial Data Reporting Sheet
Population Served by the Project Nonpoint/Activity projects skip this question):
Population Served by the total System (Nonpoint/Activity projects skip this question):
Wastewater Volume (Design Flow) for the Project, (in Millions of Gallons per Day, MGD)
(Nonpoint/Activity projects skip this question):
Wastewater Volume (Design Flow) for the total System, (in Millions of Gallons per Day, MGD)
(Nonpoint/Activity projects skip this question):
National Pollutant Discharge Elimination System (NPDES) Permit number (if applicable):
Permit No: WA 0023973 (This is the Wastewater Treatment Plant Permit for Discharging to the into the
Strait of Juan de Fuca. The expiration date is September 30, 2013.)
Permit No. WA0041068 (CSO Phase 1 NPDES Permit. The expiration date is October 30, 2016)
Other Permit (as applicable), such as State Discharge permit, Phase I /Phase II Stormwater permit, etc
Enter the type of permit and its number
Type: Hydraulic Project Approval (HPA)
Type: U.S. Army Corps of Engineers
Tpye: Shoreline Conditional Use Permit
Name of the most primary Receiving Waterbody (if applicable):
Strait of Juan de Fuca
For Facility projects, identify the Latitude and Longitude (in Decimal Degrees) of the facility by its outfall
location, or where it is impacting the primary Receiving Waterbody
Latitude: 48.128 Longitude: 123.378
Clean Water State Revolving Fund
Initial Data Reporting Sheet
Primary Receiving Waterbody's Federal NHD 12 -Digit HUC Code. HUC4 -1711
(Important EPA reporting element. The following Internet page will allow you to drag over to Washington State
and double -click to zoom in and locate the 12 digit HUC code for the area where the project is located:
httD: /viewer. nationalmao.aov /viewer /nhd.html7o =nhd
Contribution to Water Quality
(Please choose only one) Project contributes to water quality
Improvement
Maintenance
(Please choose only one) Project will allow the system to
Achieve Compliance
Maintain Compliance
Progress Toward Achieving Compliance
Not Applicable (for Nonpoint projects)
Number:123481 -1
Number: NWS- 2011 -336
Number: SMA 10 -05
(Please choose only one) The primary affected waterbody is
Meeting Standards
Impaired
Threatened
Not Yet Assessed
Clean Water State Revolving Fund
Initial Data Reporting Sheet
(Please choose only one) Project allows the system to address
Existing TMDL
Projected TMDL
Watershed Management Plan
Clean Water State Revolving Fund
Initial Data Reporting Sheet
Desianated Surface Water Uses This Project Helps Protect or Restore
Identify the Designated Surface Water Uses, Other Uses, and Outcomes that this project helps to protect or
restore. If the project maintains or improves water quality, or if it increases effluent loadings but meets its
permit, it contributes to protection of the uses you find when matching pollutants. If the project reduces
loadings of a pollutant that is impairing a designated use (303(d) list), the project contributes to restoration of
that use.
Select all applicable Uses and Outcomes (and if the project is Protecting it or Restoring it), and
identify which one is the Primary one that the project is intended to protect or restore (check only one
of them as the Primary):
❑Water Supply Domestic
❑Protect
❑Restore
❑Primary
['Water Supply Industrial
['Protect
['Restore
['Primary
❑Water Supply Agricultural /Stock Watering
❑Protect
Restore
['Primary
Salmonid Migration, Growth, and Harvesting
['Protect
Restore
Primary
Other Fish Migration, Growth, and Harvesting
Protect
❑Restore
['Primary
®Clam, Oyster, and Mussel Growth and Harvesting
❑Protect
Restore
❑Primary
®Crustaceans /Other Shellfish Growth and Harvesting
❑Protect
Restore
❑Primary
®Wildlife Habitat
['Protect
Restore
❑Primary
Primary Contact Recreation
['Protect
Restore
❑Primary
Secondary Contact Recreation, Boating
['Protect
Restore
❑Primary
❑Aesthetic Enjoyment
['Protect
['Restore
❑Primary
❑Commerce and Navigation
['Protect
['Restore
❑Primary
Infrastructure Improvement
['Protect
['Restore
Primary
❑Regionalization /Consolodation
❑Protect
❑Restore
❑Primary
Water Reuse /Recycling /Conservation
❑Protect
['Restore
[Primary
❑Groundwater Protection
❑Protect
['Restore
❑Primary
Drinking Water Supply
❑Protect
Restore
❑Primary
❑Other Public Health /Pathogen Reduction
❑Protect
['Restore
❑Primary
Clean Water State Revolving Fund
Initial Data Reporting Sheet
Dept. of
Ecology
Loan Number
Recipient Name
Amortization Method
Project Completion Date
Initiation of Operations
1
2
SubTotal
3
4
SubTotal
5
6
SubTotal
7
8
SubTotal
9
10
SubTotal
11
12
SubTotal
13
14
SubTotal
Loan Number
Recipient Name
Payment Due Date
01/31/2015
07/31/2015
2015
01/31/2016
07/31/2016
2016
01/31/2017
07/31/2017
2017
01/31/2018
07/31/2018
2018
01/31/2019
07/31/2019
2019
01/31/2020
07/31/2020
2020
01/31/2021
07/31/2021
2021
15 01/31/2022
ATTACHMENT 8
ESTIMATED LOAN REPAYMENT SCHEDULE
L1200034
City of Port Angeles
Compound -365 D/Y
03/31/2014
01/31/2014
ATTACHMENT 8
Loan Amount
L1200034
City of Port Angeles
Payment Amount Interest
$333,168.40 $261,295.28
$333,168.40 $129,766.78
$666,336.80 $391,062.06
$333,168.40 $127,108.19
$333,168.40 $124,414.86
$666,336.80 $251,523.05
$333,168.40 $121,686.32
$333,168.40 $118,922.12
$666,336.80 $240,608.44
$333,168.40 $116,121.79
$333,168.40 $113,284.85
$666,336.80 $229,406.64
$333,168.40 $110,410.84
$333,168.40 $107,499.26
$666,336.80 $217,910.10
$333,168.40 $104,549.62
$333,168.40 $101,561.43
$666,336.80 $206,111.05
$333,168.40 $98,534.19
$333,168.40 $95,467.37
$666,336.80 $194,001.56
$333,168.40 $92,360.47
Page 1 of 3
Term of Loan
Annual Int. Rate
Interest Compounded
Loan Date
$71,873.12
$203,401.62
$275,274.74
$206,060.21
$208,753.54
$414,813.75
$211,482.08
$214,246.28
$425,728.36
$217,046.61
$219,883.55
$436,930.16
$222,757.56
$225,669.14
$448,426.70
$228,618.78
$231,606.97
$460,225.75
$234,634.21
$237,701.03
$472,335.24
$240,807.93
10,000,000.00
39 Payments
2.600
Monthly
01/31/2014
Department of Ecology
Date Created 07/13/2012
Principal Balance
Schedule Number 1808
$9,928,126.88
$9,724,725.26
$9,518,665.05
$9,309,911.51
$9,098,429.43
$8,884,183.15
$8,667,136.54
$8,447,252.99
$8,224,495.43
$7,998,826.29
$7,770,207.51
$7,538,600.54
$7,303,966.33
$7,066,265.30
$6,825,457.37
Loan Number L1200034 Department of Ecology
Recipient Name City of Port Angeles Date Created 07/13/2012
Payment Due Date Payment Amount Interest Principal Balance
16 07/31/2022 $333,168.40 $89,212.96 $243,955.44 $6,581,501.93
SubTotal 2022 $666,336.80 $181,573.43 $484,763.37
17 01/31/2023 $333,168.40 $86,024.31 $247,144.09 $6,334,357.84
18 07/31/2023 $333,168.40 $82,793.99 $250,374.41 $6,083,983.43
SubTotal 2023 $666,336.80 $168,818.30 $497,518.50
19 01/31/2024 $333,168.40 $79,521.44 $253,646.96 $5,830,336.47
20 07/31/2024 $333,168.40 $76,206.11 $256,962.29 $5,573,374.18
SubTotal 2024 $666,336.80 $155,727.55 $510,609.25
21 01/31/2025 $333,168.40 $72,847.46 $260,320.94 $5,313,053.24
22 07/31/2025 $333,168.40 $69,444.90 $263,723.50 $5,049,329.74
SubTotal 2025 $666,336.80 $142,292.36 $524,044.44
23 01/31/2026 $333,168.40 $65,997.87 $267,170.53 $4,782,159.21
24 07/31/2026 $333,168.40 $62,505.79 $270,662.61 $4,511,496.60
SubTotal 2026 $666,336.80 $128,503.66 $537,833.14
25 01/31/2027 $333,168.40 $58,968.06 $274,200.34 $4,237,296.26
26 07/31/2027 $333,168.40 $55,384.09 $277,784.31 $3,959,511.95
SubTotal 2027 $666,336.80 $114,352.15 $551,984.65
27 01/31/2028 $333,168.40 $51,753.28 $281,415.12 $3,678,096.83
28 07/31/2028 $333,168.40 $48,075.01 $285,093.39 $3,393,003.44
SubTotal 2028 $666,336.80 $99,828.29 $566,508.51
29 01/31/2029 $333,168.40 $44,348.66 $288,819.74 $3,104,183.70
30 07/31/2029 $333,168.40 $40,573.61 $292,594.79 $2,811,588.91
SubTotal 2029 $666,336.80 $84,922.27 $581,414.53
31 01/31/2030 $333,168.40 $36,749.21 $296,419.19 $2,515,169.72
32 07/31/2030 $333,168.40 $32,874.83 $300,293.57 $2,214,876.15
SubTotal 2030 $666,336.80 $69,624.04 $596,712.76
33 01/31/2031 $333,168.40 $28,949.81 $304,218.59 $1,910,657.56
34 07/31/2031 $333,168.40 $24,973.48 $308,194.92 $1,602,462.64
SubTotal 2031 $666,336.80 $53,923.29 $612,413.51
35 01/31/2032 $333,168.40 $20,945.18 $312,223.22 $1,290,239.42
ATTACHMENT 8
Page 2 of 3 Schedule Number 1808
Loan Number
Recipient Name
Payment Due Date
36 07/3 1 /2032
SubTotal 2032
37 01/31/2033
38 07/31/2033
SubTotal 2033
39 01/31/2034
SubTotal 2034
Grand Total
ATTACHMENT 8
L1200034
City of Port Angeles
Payment Amount
$333,168.40
$666,336.80
$333,168.40
$333,168.40
$666,336.80
$333,168.53
$333,168.53
$12,993,567.73
Page 3 of 3
Interest
$16,864.23
$37,809.41
$12,729.94
$8,541.61
$21,271.55
$4,298.53
$4,298.53
$2,993,567.73
Department
Date Created
Principal
$316,304.17
$628,527.39
$320,438.46
$324,626.79
$645,065.25
$328,870.00
$328,870.00
$10,000,000.00
Schedule Number 1808
of Ecology
07/13/2012
Balance
$973,935.25
$653,496.79
$328,870.00
$0.00