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HomeMy WebLinkAbout5.355 Original ContractSTATE OF WASHINGTON DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT 128 10th Avenue SW PO Box 42525.Olympia, Washington 98504 -2525 (360) 725 -4000 June 29, 2009 Ms. Yvonne Ziomkowski Finance Director of Port Angeles 321 Fifth Street PO Box 1150 Port Angeles, WA 98362 Regarding: Public Works Trust Fund Loan Agreement Acceleration Clause Amendments: PW -94 -792- TIM -205 PW -5 -95- 791 -028 PW -5 -93- 280 -038 PW -5 -91- 280 -047 PW -00- 691 -045 Dear Ms. Ziomkowski: Enclosed are fully executed copies of amendments to your Public Works Trust Fund Loan Agreements. The amendments remove the acceleration clause language. Please keep these copies with other local records related to your approved Public Works Trust Fund projects. If you have any questions or need additional information, please do not hesitate to call me at 360 725 -3088 or email me at LeonaC @cted.wa.gov. Sincerely, Enclosure LeonaMoon Coldeen Contracts Administration Unit Project Manager S. 35 0 4 1‘ 1. Contractor 2. Contractor Doing Business As (optional) City of Port Angeles N/A 321 Fifth Street PO Box 1150 Port Angeles, WA 98362 3. Contractor Representative (only if. updated) 4. CTED Representative (only if updated) N/A N/A 5. Original Contract Amount 6. Amendment Amount 7. New Contract Amount $750,000 00 N/A N/A 8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date Federal: State: Q Other: N /A: Amendment Execution Date July 1, 2014 11. Federal Funds (as applicable):. Federal Agency: CFDA Number: N/A N/A N/A 12. Amendment Purpose: The purpose of this amendment is to revise the Default in Repayment Section of the Public Works Trust Fund Loan Number PW -94 -792- TIM -205 The Board, defined as the Washington State Public Works Board, and Borrower /Contractor acknowledge and accept the terms of this Agreement/Contract As Amended and have executed this Agreement/Contract Amendment on the date below to start as of the date and year referenced above The rights and obligations of both parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference: Amendment Terms and Conditions. A copy of this Agreement/Contract Amendment shall be attached to and made a part of the original Agreement/Contract between the Board and the Borrower /Contractor Any reference in the original' Agreement/Contract to the "Agreement" or the "Contract" shall mean the "Agreement As Amended" or "Contract As Amended," respectively FOR THE BORR Signature Yvonne Ziomkowski Print Name Finance Director Title City of Port Angeles P W -94- 792 -TIM -205 AMENDMENT FACE SHEET Loan Number: PW -94- 792 TIM -205 Amendment Number: A Washington State Department of Community, Trade and Economic Development PUBLIC WORKS BOARD PUBLIC WORKS TRUST FUND June 18, 2009 Date CONTRACTOR FOR PUBLIC WORKS BOARD Page 1 6/15/2009 Date ln.//17A�1 John LaRocque, Executive Director APPROVED AS TO FORM ONLY This 18 Day of December. 2008 Rob McKenna Attorney General Signature on File Kathryn Wyatt Assistant Attorney General Acceleration Removal Amendment Public Works Trust Fund AMENDMENT TERMS AND CONDITIONS PUBLIC WORKS BOARD PUBLIC WORKS TRUST FUND The purpose of this amendment is to revise the Default in Repayment Section of the Public Works Trust Fund Loan Agreement/Contract Number PW -94- 792 TIM -205 This amendment is to delete the "Acceleration Provisions" in the Loan Agreement/Contract Number PW -94- 792 TIM -205 that allows the Board, in certain circumstances, to declare the entire remaining balance of a loan, together with accrued interest, immediately due and payable. The Public Works Board (or its successor), a department of the State of Washington, (hereinafter referred to as the "Board and City of Port Angeles (hereinafter referred to as the "Borrower /Contractor agree to amend Public Works Trust Fund Loan Agreement/Contract Number PW -94- 792 TIM -205 as described below. Default in Regavment Section of Loan Agreement/Contract Number PW -94- 792 TIM -205 is amended to read as follows Loan repayments shall be made on the loan in accordance with Repayment Section of this Agreement/Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent Delinquent payments shall be assessed a monthly penalty beginning on the first (1st) day past the due date The penalty will be assessed on the entire payment amount The penalty will be one percent (1 per month or twelve percent (12 per annum The same penalty terms shall apply at project completion if the repayment of loan funds in excess of eligible costs are not repaid at the time of the Project Completion Amendment is submitted, as provided for in the Proiect Completion Amendment and Certified Proiect Completion Report Section The Borrower /Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Borrower /Contractor of such delinquency The Borrower /Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section City of Port Angeles P W -94- 792 -TIM -205 Page 2 6/15/2009 Acceleration Removal Amendment Public Works Trust Fund Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, WA 98362 Dated: 6 2005 1164642 co��ri Interlocal Agreement City Clerk File No.: J• Zss Agreement between the City of Port Angeles and LIiG -O� t Z c) 1yit c s)tudoP( FILED F ©R h%OCF 2H5 SEP 9 AM 9: 3 e .0.)1Y1(1) Purpose:___ A NA" 10 Win 51 .i-t,LYMt.. WI�.�C�� ,',t1 Ca PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the DEPARTMENT and the LOCAL GOVERNMENT. An attachment to this agreement, ATTACHMENT I SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATTACHMENT II: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this agreement DEPARTMENT OF COMMUNITY, TRADE LOCAL GOVERNMENT AND ECONOMIC DEVELOPMENT Name Title Date ssis ant Altt Date TIMBER PUBLIC WORKS TRUST FUND PROGRAM Approved as to Form by 91- 6001266 Assistant Attorney General Taxpayer Identification Number rney General LOAN AGREEMENT NUMBER PW -5 -94- 792 TIM -205 CITY OF PORT ANGELES Nar (e Mayor Title September 11, 1994 Date 1 Timber Loan Agreement PART 1I: INTRODUCTION This loan agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, a department of the state of Washington (referred to as the "DEPARTMENT on behalf of the PUBLIC WORKS BOARD (referred to as the "BOARD and the City of Port Angeles (referred to as the "LOCAL GOVERNMENT The DEPARTMENT has received an appropriation from the Washington State Legislature under the authority of Chapter 43.155 RCW and Chapter 316, Section 5 of the Laws of Washington 1993 to provide financial assistance to selected units of timber impacted local governments for the construction of new public works facilities that stimulate economic growth or diversification. Public works facilities are defined as: bridges, roads, domestic water, sanitary sewer, and storm sewer. Acting under the authority of Chapter 43.155 RCW and Chapter 316, Section 5 of the Laws of Washington 1993, the BOARD has selected the LOCAL GOVERNMENT to receive a Timber Public Works Trust Fund loan for an approved public works project. PART III: PURPOSE The DEPARTMENT and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project which furthers the goals and objectives of the Washington State Timber Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHMENT I. SCOPE OF WORK, as well as in the Timber Public Works Trust Fund Application submitted to the BOARD by the LOCAL GOVERNMENT and upon which this agreement is based. The assisted project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows 4.01 Rate and Term of Loan The DEPARTMENT, using funds appropriated from the Timber Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $750,000. The interest rate shall be one percent (1%) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the'final payment due on July 1, 2014. 4.02 Reimbursable Costs TIMBER PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEMENT 4.03 Disbursement of Loan Proceeds The DEPARTMENT shall issue warrants to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and 2 Timber Loan Agreement administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK In no event shall the total Timber Public Works Trust Fund loan exceed $750,000. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form provided by the DEPARTMENT. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen percent (15 of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT. Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a construction contract, a sum not to exceed seventy -five percent (75 of the approved Timber Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT, except in the case of engineering services contracts. If the approved project described in ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies, a sum not to exceed seventy -five percent (75 of the approved Timber Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT within thirty (30) days of the execution of a Notice to Proceed following the formal award of a contract for engineering services. At the time of project completion, the LOCAL GOVERNMENT shall request a Close -out Report (refer to Section 4 19 for Close -out Report) from the DEPARTMENT. The Close -out Report shall be used to certify project costs, identify funding sources, and serve as a transmittal form for copies of approved closure reports from the Department of Revenue and the Department of Labor Industries A project shall not be closed out until a Close -out Report and approved closure reports are processed by the DEPARTMENT. The Close -out Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and local share In the event that the final costs identified in the Close -out Report indicate that the LOCAL GOVERNMENT has received Timber Public Works Trust Fund monies in excess of one hundred percent (100 of eligible costs, all funds in excess of one hundred percent (100 shall be repaid to the DEPARTMENT within thirty (30) days of submission of the Close -out Report 4 04 Interest Earned on Timber Public Works Trust Fund Monies All interest earned on funds disbursed by the DEPARTMENT and held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Timber Public Works Trust Fund loan. 2. Pay part of the eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK estimates (Overrun of project costs.) The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Timber Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub account or any other method meeting generally accepted accounting principles. 3 Timber Loan Agreement 4.05 Time of Performance The LOCAL GOVERNMENT shall complete the activities identified within ATTACHMENT I: SCOPE OF WORK no later than 30 months after the execution of this loan agreement. Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement and require the immediate repayment of any loan funds disbursed. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion The BOARD may, by a two thirds vote, extend the deadline The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein. 4.06 Repayment Interest will begin to accrue from the date the DEPARTMENT issues each warrant to the LOCAL GOVERNMENT. Interest shall accrue during any deferral period permitted by law and agreed to by the BOARD Interest and principal payments on this loan may be deferred for up to five (5) years The deferral period will be included in the loan term. Applicants may accelerate loan repayment The first loan repayment under this agreement is due July 1, 2000, and subsequent installments are due on July 1 of each year during the term of the loan First payment shall consist of interest only, and include all deferred interest. Interest is calculated at a rate of one percent (1%) per annum on a 360 -day year of 12 thirty -day months, applied to funds received from the DEPARTMENT. Subsequent payments shall consist of 1/14 of the loan principal plus interest on the unpaid balance of the loan. The final payment shall be in an amount sufficient to bring the balance to zero. The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time or repay at a faster rate than is provided in this agreement (provided that any such payment is equal to or exceeds the amount normally due on an annual basis) The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the DEPARTMENT and sent to: 4.07 Repayment Account Department of Community, Trade and Economic Development Administrative Services Division /Fiscal Unit 906 Columbia Street S W P 0 Box 48300 Olympia, Washington 98504 -8300 The LOCAL GOVERNMENT shall repay the loan from general obligation revenues, utility, Utility Local Improvement District (ULID) or Local Improvement District (LID) revenues, or a combination thereof, and shall establish a separate account or sub account for loan repayment. The name of the account shall be water 4 Timber Loan Agreement 4.08 General Obliaation This loan is a general obligation of the LOCAL GOVERNMENT, except in the case of utility systems, in which case, Section 4.09 shall prevail. 4.09 Utility System Repayment and Debt Parity This section is for the use of LOCAL GOVERNMENTS desiring to specify that debt repayment is not a general obligation of the LOCAL GOVERNMENT. This section may be used only if the entire project is a domestic water, sanitary sewer or storm sewer utility project LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or storm water utility may not use this section. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not utilize this section. In accordance with Section 4.06 of this agreement, the LOCAL GOVERNMENT shall be obligated to make all such repayments only from the net revenue of the LOCAL GOVERNMENT'S water utility after the payment of the principal of and interest on any outstanding water utility revenue bonds or notes at any time outstanding which constitute a lien or charge on that net revenue As used here, "net revenue" means gross revenue minus expenses of maintenance and operation This loan agreement is not a general obligation of the LOCAL GOVERNMENT. Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. 4.10 Default in Repayment Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a penalty of twelve percent (12 interest per annum calculated on a 360 -day year. Upon default in the payment of any annual installment, the DEPARTMENT may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such repayment in default shall not constitute a waiver by the DEPARTMENT to exercise such option for any succeeding installment payment which may then be in default The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the DEPARTMENT in any action undertaken to enforce its rights under this section. 4.11 Recordkeepina and Access to Records The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require. Such records will include information pertinent to work undertaken as part of the project, including demonstration of compliance with the terms and provisions of this agreement and all applicable state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records for a period of three years from the date of project completion. The DEPARTMENT and duly authorized officials of the state shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL 5 Timber Loan Agreement R GOVERNMENT may contract, involving transactions related to this project and this agreement. 4.12 Reports The LOCAL GOVERNMENT, at such times and in such forms as the DEPARTMENT or the BOARD may require, shall furnish the DEPARTMENT with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement This would include quarterly construction reports, annual progress reports, the Close -out Report, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.16. 4.13 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the DEPARTMENT, the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents of either in the performance of this agreement, however caused. In the case of negligence of both the DEPARTMENT and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party 4.14 Amendments. Modifications, and Waivers The LOCAL GOVERNMENT may request an amendment of this agreement for the purpose of modifying the SCOPE OF WORK. Such amendment or modification shall not take effect until approved in writing by both the DEPARTMENT and the LOCAL GOVERNMENT and attached hereto, in accordance with Section 4 05. For the purpose of extending the time of performance, the LOCAL GOVERNMENT may request in writing an amendment of this agreement No modification or amendment shall take effect until a request in writing has been received and approved in writing by the DEPARTMENT in accordance with Section 4.05 No conditions or provisions of this agreement may be waived unless approved by the DEPARTMENT. 4.15 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by this agreement shall be decided by a panel consisting of a representative of the DEPARTMENT, a representative of the LOCAL GOVERNMENT, and a representative of the BOARD. The panel shall reduce its decision to writing and furnish a copy to all parties to the agreement. The decision of the panel shall be final and conclusive This clause does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph provided that nothing in this agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. 6 Timber Loan Agreement 4.16 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination Upon termination of the loan agreement, the DEPARTMENT shall declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. 4.17 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State law (Chapter 4.84 RCW). 418 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.19 Proiect Completion and Close -Out Report As required in Section 4 03, the LOCAL GOVERNMENT shall request a Close -out Report from the DEPARTMENT when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the DEPARTMENT 1 A description of the actual work performed, in addition to a certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and /or contract work is performed. 3. Copies of the approved closure reports from the Department of Revenue and the Department of Labor and Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. 4.20 Proiect Close -Out The LOCAL GOVERNMENT will submit, together with the Close -out Report, a request for a sum not to exceed the final ten percent (10 of the loan amount. This disbursement shall not occur prior to the completion of all project activities and clearance of all close -out documents from the Department of Revenue and the Department of Labor and Industries. The LOCAL GOVERNMENT shall be responsible to ensure compliance with the Department of Revenue and the Department of Labor and Industries requirements by its contractors. 7 Timber Loan Agreement t• 4.21 Audit Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the DEPARTMENT may prescribe Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.22 Proiect Sians If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, permit requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project Of particular importance are the following 5.01 RCW 43 155 060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program 5.02 WAC 399 -30- 030(3) The LOCAL GOVERNMENT assures compliance with WAC 399 -30- 030(3) which identifies eligible costs for projects assisted with Public Works Trust Fund loans. 5.03 Nondiscrimination Provision There shall not be discrimination against any employee who is paid by the funds indicated in the contract or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates or pay or other forms of compensation and selection for training This section shall be construed to pertain to the Americans with Disabilities Act of 1990 (Public Law 101 -336), which provides comprehensive civil rights protection in the areas of employment, public accommodation, state and local government services, and telecommunications to individuals with disabilities 5 04 Utilization of Minority and Women Business Enterprises (MWBE) The LOCAL GOVERNMENT is encouraged to utilize business firms that are certified as minority -owned and /or women -owned in carrying out the purposes of this loan agreement LOCAL GOVERNMENTS may set their own utilization standards, based upon local conditions, or, may utilize the state of Washington MWBE goals, as identified in WAC 326 -30 -041. 8 Timber Loan Agreement City of Port Angeles (Jurisdiction) ATTACHMENT I: SCOPE OF WORK PW -5 -94- 792 TIM -205 Downtown Sidewalk /Watermain Reconstruction (Project Title) The Downtown Sidewalk /Watermain Reconstruction Project is a multi -use infrastructure reconstruction project which will involve the repair and reconstruction of failed sidewalk and watermain sections within the Central Business District of Port Angeles, Washington. The project involves repair or reconstruction of approximately 5500 lineal feet of sidewalk, consisting of 146 identified areas of failed sections. The project involves replacement and partial upgrade of approximately 4500 feet of 10 to 4 inch diameter, 120 psi watermain located beneath the sidewalks. Much of the universal joint pipe watermain (with lead joints and some asbestos), has become highly brittle and is suspended through the hollow areas of sidewalk by failing pipe hangers connected to the sidewalks. Replacement of failed pipe hangers is also anticipated Replacement of the mains will be with ductile iron pipe Also, as appropriate and financially feasible, some of the hollow areas may be filled to extend the life of the reconstructed sections of sidewalks and watermains .SECTION III PROJECT COSTS AND FINANCING 1. Estimated Project Costs Total Preliminary Engineering Report 6,250 Design Engineering 23,750 Land /R -O -W Acquisition 0 Sales or Use Taxes 20,000 Other Fees 0 Inspection 12,500 Start -up Costs 0 *Financing Costs 232,500 Construction 625,000 Contingency 62,500 TOTAL ESTIMATED COSTS 982,500 *Assume PWTF Loan 3%, 20 year term. 2. How and when were project cost estimates made (i.e., 1991 engineering study done by city public works staff, or estimates completed June 1992 by consulting engineer)? Identify the public works standards (i.e., UAR, APWA, AWWA, AASHTO) used to arrive at project scope and cost, if applicable. 1 The project scope and cost estimate have been developed by City Public Works Engineering staff, using APWA and AWWA Standards.. 3. List each funding source and amount and note whether the amount has been provided or is being requested. Give the date that the funds were approved or the date that requested funds are expected to be approved. Identify source for any local funding (i.e., general fund, federal, state, or private loans, rates, assessments, special levies, reserves, other): Source Date Amount Status (A approved) (P pending) PWTF loan requested 1994 750,000 W CERB loan requested CERB grant requested Total amount should equal total costs in question 1. TOTAL AMOUNT 750,000 Finance Costs. NOTE: An "alternate" application to PWTF Construction for $540,00 is also pending. (1994) PWTF -5 b P 1, c c�� .(,\A0,261,___ Public Public Works Trust Fund ATTACHMENT II: ATTORNEY'S CERTIFICATION hereby certify I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the Ct'�i ect �wSS (the LOCAL GOVERNMENT); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that 1. The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2 The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3 There is currently no litigation in existence seeking to enjoin the commencement or completion of the above described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of ttorney Name PO g HC U, Odd A--9>o( Oa. q T 2 Address a f j fly Date Phyllis Rasler Administrative Assistant City of Port Angeles 321 E. Fifth P.O. Box 1150 Port Angeles, WA 98362 Dear Ms. Rasler: MW:mw Enclosure STATE OF WASHINGTON RE: Timber Public Works Trust Fund Loan Agreement Number PW -5 -94- 792 TIM -205 If you have any questions, please call me at (206) 664 -0406. Sincerely, iA/V W O ocI S Mike Woods PWTF Contracts Manager Enclosed is a fully executed copy of Timber Public Works Trust Fund Loan Agreement Number PW -5 -94- 792 TIM -205 between the Department of Community, Trade and Economic Development and the City of Port Angeles. .;1= 2 3 C) a OF DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 906 Columbia St. SW PO Box 48300 Olympia, Washington 98504 -8300 (206) 753 -2200 September 22, 1994 ,esfA Please keep this copy with other local records related to your approved Public Works Trust Fund project. C)