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Home My WebLink About02/16/2010 10 Yakima Railroad Grade Separations Phase 2, Revolving Fund Loan Agreement with Washington State DOE . . 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4- 10 For Meeting of: February 16, 2010 ITEM TITLE: Consideration of a Resolution authorizing execution of a revolving fund loan agreement with the Washington State DOE for construction of the Yakima Railroad Grade Separations Phase 2 — Lincoln Avenue stormwater treatment requirements system and authorizing the City Manager to sign other documents pertaining to the Ecology loan process. SUBMITTED BY: Doug Mayo and Randy Meloy CONTACT PERSON/TELEPHONE: Randy Meloy, P.E., Surface Water Engineer 576-6606 SUMMARY EXPLANATION: . In March 2009, the Stormwater Utility applied for a grant from the Department of Ecology's FY2010 Supplemental Water Quality Financial Assistance program in the amount of $1,214,000 that would cover right-of-way purchase for and construction of the Yakima Railroad Grade Separations Phase 2 — Lincoln Avenue stormwater treatment system. Ecology informed the City that while no grant funds were available, they would make available • to the City the full amount as a loan under the Revolving Fund program. Negotiations are currently underway between Ecology and the Stormwater Utility on the final Loan Agreement document. Ecology requires that the recipient pass a resolution authorizing the loan and that this resolution be a part of the final loan agreement document. . This loan is at 2.9% interest and will be paid back over a twenty-year term. Annual payments will be approximately $81,000. The first payment is due one year after the stormwater treatment system is completed in 2011 Debt service will be repaid by capital funds that contribute to the cost of stormwater infrastructure for public projects, including the Wasterwater Capital Fund that has paid stormwater costs on River Road, the Downtown Futures Initiative and Washington Avenue. This is part of the local match partnership for the underpass projects that was outlined for the City Council on the project bid award and funding status in the January 14, 2010 management memo to the Council. Resolution X Ordinances Other (Specify) Loan Document Contract X Mail to (name and address) Department of Ecology Phone: Funding Source: TO BE DE RMINED APPROVED FOR SUBMITTAL: x . . . . , .' . - - J City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: 41, COUNCIL ACTION: Anh RESOLUTION NO. R-2010- A RESOLUTION authorizing the City Manager to execute a Revolving Fund Loan Agreement with the Washington State Department of Ecology for construction of the Yakima Railroad Grade Separations Phase 2 — Lincoln Avenue stormwater _requirements treatment system and authorization for the City Manager to sign other documents pertaining to the Ecology loan process. WHEREAS, the City desires to construct the Yakima Railroad Grade Separations Phase 2 - Lincoln Avenue project beginning in 2010; and, WHEREAS, the City applied for Washington State Department of Ecology FY2010 Water Quality Financial Assistance funds to create a water quality treatment system for the Yakima Railroad Grade Separations Phase 2 - Lincoln Avenue project; and WHEREAS, the City was awarded a total eligible loan amount of $1,214,000 at 2.9% interest, payable over a twenty year period; and WHEREAS, providing treatment of stormwater runoff for redevelopment 4110 projects is a mandate of the City's National Pollutant Discharge Elimination System (NPDES) Phase II permit; and WHEREAS, it is in the best interest of the City to utilize the loan award to construct the stormwater treatment system for the Yakima Railroad Grade Separations Phase-2 - Lincoln Avenue project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the "FY2010 Revolving Fund Loan Agreement" with the Washington State Department of Ecology for construction of the Yakima Railroad Grade Separations Phase 2 — Lincoln Avenue stormwater requirements treatment system and authorization for the City Manager to sign other documents pertaining to the Ecology loan process. ADOPTED BY THE CITY COUNCIL this 16th day of February 2010. • Micah Cawley, Mayor ATTEST: City Clerk 4 41.'rto, , *..-- ' ,. 7:;U.I4.: '' ::,,T,,;„ DEPARTMENT OF $ ,??' < 1 1 1 frAl' ' , , ' IY::, • - 1 . State of Was WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAICIMA Table of Contents Page PART I. GENERAL INFORMATION 3 PART IL PROJECT S i . 'Y 5 PART III. PROJECT BUDGET 0 6 PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT......... ..... .. .......... .. ....... 6 PART V. SCOPE OF WORK 6 PART VW, SPECIAL TERMS AND CONDITIONS 8 PART VI. LOAN INTEREST RATE AND TERMS 8 PART VII. ALL AGREEMENTS CONTAINED HEREIN .............. ....... .. ....... .. ..................... .. ...... 9 ATTACHMENT 1: OPINION OF RECIPIENT' s LEGAL COUNSEL 1 ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION 2 Al 1 ACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS REQUESTING FEDERAL ASSISTANCE 2 Ai IACHMENT 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 fa CERTIFICATION REGARDING SUSPENSION, DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (FOR FEDERALLY FUNDED PROJECTS) . ...... ..... ...... ._. ..... ..... ........ ............. ......... . .......... _ .... .... ........ 2 Page 1 COMMENCEMENT OF WORK ....... .......... .............. ..... ... ....... ............ 2 COVENANTS AND AGREEMENTS... ....... ............... ...... ........ ..... ........ ............ 2 FACILITIES PROJECTS: PLANNING (IF APPLICABLE) 4 FACILITIES PROJECTS: PLANS AND SPECIFICATIONS FOR FACILITIES PROJECTS (IF APPLICABLE) 4 FACILITIES PROJECTS: CONSTRUCTION MANAGEMENT 5 GROWTH MANAGEMENT PLANNING 6 INCREASED OVERSIGHT 6 LOAN REPAYMENT 6 LOCAL LOAN FUND PROJECTS 8 MINORITY AND WOMEN'S BUSINESS PARTICIPATION ...... ...... ............. ......... ....... 8 MODIFICATIONS TO AGREEMENT 9 PAYMENT REQUEST SUBMITTALS 9 POST PROJECT ASSESSMENT SURVEY .............. ............ ....... ....... ....... ..................................... 10 PREVAILINGWAGE ............ ................................................ ........ ......................... ........ .............. 10 PROCUREMENT........... . .......... .... ....... ... ........ ............................ ........ .............. ...... ............... .......... 11 PUBLICAWARENESS ...................... . ...... .............. ........... . ........ ..... .......... ........ .......... ........... 11 REPORTS; DOCUMENTS .............................. ..... ..... ....... ....... . ..... ....... ............................. 11 REPRESENTATIONS AND WARRANTIES ....... ..... . ....... ......... ........ ............................................ .......... 12 SEWER-USER FEE ORDINANCES AND USER-CHARGE SYSTEM 12 SIGNAGE 13 SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS) 13 TERMINATION AND DEFAULT; REMEDIES 13 WA .IER QUALITY MONITORING 15 41) ATTACHMENT 5: AGREEMENT DEFINITIONS 1 ATTACHMENT 6: LoAN GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY 2 ATTACHMENT 7: WA IER QUALITY PROGRAM - FINANCIAL MANAGEMENT POST PROJECT ASSESSMENT SURVEY..................... ........ . ........ .............. ........ . ....... . ....... ............... ........ ........ ............ ........ . .......... 1 ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE .............. ...... ....... ........... .............. .......... 1 110 • Page 2 WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND 4110 LOAN AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA FOR LINCOLN AVENUE GRADE SEPARATION STORM DRAINAGE PROJECT THIS is a binding loan agreement entered into by and between the state of Washington Department of Ecology [DEPARTMENT] and City of Yalcima [RECIPIENT]. The purpose of this loan agreement [AGREEMENT] is to provide funds to the RECIPIENT to carry out the activities for the project [PROJECT] described in this AGREEMENT. This AGREEMENT consists of 10 pages and 8 attachments. Capitalized terms used, but not otherwise defined, in this AGREEMENT are defined in ATTACHMENT 5. PART I. GENERAL INFORMATION PROJECT Title: Lincoln Avenue Grade Separation Storm Drainage Project PROJECT Period: Effective Date: July 1, 2009 Completion Date: October 1, 2012 LOAN Number: L1000030 LOAN Amount: $1,214,000 Interest Rate: 2.9% LOAN Term: 20 Years State Fiscal Year: 2010 RECIPIENT Information RECIPIENT Name: City of Yakima Mailing Address: 129 North 2nd Street Yakima, WA 98901 FEDERAL TAXPAYER ID NUMBER: 91-6001293 PROJECT Contact: Dick Zais PROJECT Manager: Randy Meloy - Mailing Address: 129 North 2nd Street, Yakima, WA 98901 Email Address: rmeloy@ci.yakima.wa.us Phone Number: 509 576-6606 Page 3 Ecology Project Contact Information PROJECT Manager: Sanjay Barik Email Address: • saba461@ecy.wa.gov Phone Number: (509) 454-4247 Fax Number: (509) 575-2809 Address: Central Regional Office WA State Department of Ecology 15 West Yakima Ave, Suite 200 • Yakima, WA 98902-3452 Financial Manager: Bill Hasbim Email Address: bhas461@ecy.wa.gov Phone Number: (360) 407-6467 Fax Number: (360) 407-7151 Address WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 FUNDING TYPES: Federal Portion of Revolving Fund: Yes. (Catalog of Federal Domestic Assistance Number 66.458) [2< No Revolving Fund Amount (federal monies): $1,214,000 (Capitalization Grants and state match for Clean Water State Revolving Funds; Environmental Protection Agency, Office of Water) State Portion of Revolving Fund: M Yes No Revolving Fund Amount (state monies): $ State Centennial Loan Funds: I Yes ■ 4 No $ GENERAL LOAN INFORMATION: Increased Oversight: P Yes 4 No Useful life of the PROJECT: 20 years PROJECT TYPE: Check all that apply Facilities Project: Z Yes [1] No Activities Project: I Yes No 11111 Page 4 LOAN SECURITY: Check all that apply Does this AGREEMENT and the LOAN to be made constitute Revenue Secured Lien Obligation of 4111) the RECIPIENT: El Yes Z No Does this AGREEMENT and the LOAN to be made constitute a general obligation debt of the RECIPIENT or the state of Washington: Z Yes No Does this AGREEMENT and the LOAN to be made constitute a valid general obligation of the RECIPIENT payable from special assessments: 7 Yes rl No Is this LOAN secured with dedicated revenue through a Tribal Governmental Enterprise: Yes ' No . • IMPORTANT DATES: Estimated Project Start Date: July 1, 2009 Initiation of Operation (10): r Yes Elf No JO Date: June 1, 2011 Project completion date: October 1, 2011 41110 Prior Authorization:. 0 Yes Z No If yes, Effective Date: Interim Refinance: Yes I No If yes, Effective Date: July 1, 2009 Post Project Assessment Date (see Part IV and ATTACHMENT 4): October 1, 2015 AGREEMENT Effective Date: The effective date of this AGREEMENT is the date this AGREEMENT is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this AGREEMENT, without written Prior Authorization approval from the DEPARTMENT, will be at the sole expense and risk of the RECIPIENT. PART IL PROJECT SUMMARY The RECIPIENT will redirect stormwater runoff from its municipal separate storm sewer system (MS4) on Lincoln Avenue into a presettling basin, water quality pond and infiltration pond. The use of these Best Management Practices will help address pollution in the Yakima River by keeping the untreated stormwater from the project area from reaching the river. Once treated, the water will be redirected back into a conveyence system before being discharged into the Yakima River. This type of stormwater treatment is being used with increasing regularity in Washington State. • 111 Page 5 PART III. PROJECT BUDGET Total Total Eligible ble LOAN Elements (Objects & Tasks) Cost PROJECT Cost AMOUNT 1.Project administration/management $25,000 $25,000 $25,000 2.Land Purchase for Treatment Process $159,500 $159,500 $159,500 3.Construct stormwater treatment $970,000 $970,000 $970,000 system 4. Construction Management $59,500 $59,500 $59,500 Total $1,214,000 $1,214,000 *$1,214,000 *The DEPARTMENT'S Fiscal Office will track to the total eligible Revolving Fund LOAN amount. The RECIPIENT cannot deviate amongst elements without DEPARTMENT approval. Other Funding Sources: n Yes (if Yes, list sources and amounts) I No 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 Quality Project Goals: One or more of the selected following goals apply to this project: E 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 Quality Project Outcomes: The following are quantitative results anticipated from the project. 1. Treat over 217,000 gallons of polluted stormwater runoff each year before it enters the Yakima River or infiltrating into the groundwater every year. C. Environmental Mitigation: I I Yes [2:1 No If Yes, list the environmental Mitigation measures: PART V. SCOPE OF WORK Task 1 - Project Administration/Management (Total Task Cost: $25,000) 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, and progress Page 6 reports; compliance with applicable procurement, contracting, and interlocal agreement S 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 agreement. Required Performance: 1. Effective administration and management of this grant project. 2. Timely submittal of all required performance items, progress reports, and financial vouchers. Task 2 —Land Purchase for Treatment Process (Total Eligible Task Cost: $159,500) A. The RECIPIENT will purchase land from BNSF Railway Company for the installation of stormwater runoff treatment Blv1Ps. Purchase must be completed prior to BMP plans and specifications being submitted to the DEPARTMENT. Land purchase must be integral to the treatment process and be consistent with WAC 713-100(18) 41) Required Performance: 1. Provide the Appraisers Report, Real Estate Purchase and Sale Agreement to the DEPARTMENTS Project Manager. 2. Provide land purchase plans to the DEPARTMENTS Project Manager. Task 3 -Construct the Stormwater Treatment System (Total Task Cost: $970,000) RECIPIENT will: 1. Build a wet well to collect the stormwater runoff. 2. Purchase and set new pumps for conveying runoff from the wet well to the pre-settling basin. 3. Complete work with the power utility to have redundant power provided from two different substations (in case a storm should knock out one of the substations). 4. Construct a pre-settling basin for all collected stormwater which will allow sediments and pollutants to settle and allow for evaporation for low volumes of stonuwater. 5. Construct a water quality pond which will allow further settling of sediments and pollutants, and allow for further evaporation;and 6. Construct an infiltration pond which will allow the treated water to infiltrate into the ground. Required Performance: 0 1. Provide the design and specificaiton of the water quality treatment system to the DEPARTMENTS Project Manager within 30 days of the contract effective date. 2. Construct the water quality treatment system per the design and specification. Pagel II/ Task 4 —Construction Management (Total Task Cost: $59,500) The RECIPIENT will provide construction inspection of the project. Responsibilities will include, but not be limited to: monitoring of Contractor's work; conformity to contract plans and special provisions; and creating pay notes for all unit bid items used in the construction of the facility. Required Performance: 1. Daily effective monitoring of Contractor's work during construction of the water quality treatment system. 2. Provide Final As-Built plans of the facility to the DEPARTMENTS Project Manager. 3. Provide an Operation and Maintenance maniial for the wet, well pump to the DEPARTMENTS Project Manager. PART V(a). SPECIAL TERMS AND CONDITIONS None PART VI. LOAN INTEREST RATE AND TERMS Source and Availability; LOAN Amounts; LOAN Teims This 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 tem.'s, provisions, and conditions of this AGREEMENT, and subject to the availability of funds, the DEPARTMENT will loan to the RECIPIENT the sum of onc million two hundred and fourteen thousand dollars ($1,214,000) (Estimated LOAN Amount). When the PROJECT Completion Date or the Initiation of Operation Date has occurred, if appropriate, the DEPARTMENT and the RECIPIENT will execute an amendment to this 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 and all accrued interest to the computation date. The Estimated LOAN Amount and the Final LOAN Amount (in either case, as applicable, LOAN Arnount) will bear interest at the rate of 2.9% per annum, calculated on the basis of a 365-day year. Interest on the Estimated LOAN Amount will accrue from and be calculated 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 twenty years, as provided in ATTACHMENT 8. For wastewater construction hardship projects, the DEPARTMENT will review and evaluate the RECIPIENT's financial circumstances for an appropriate interest rate to address financial hardship within applicable federal and state regulations as related to the eligible construction cost of the PROJECT defined in this AGREEMENT. The review and evaluation will be based on the final • eligible construction costs and receipt of any additional state or federal grants and loans for the Page 8 PROJECT. III PART VII. ALL AGREEMENTS CONTAINED HEREIN The RECIPIENT will ensure this project is completed according to the details of this 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. 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 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: Water Quality Program - Financial Management Post Project Assessment Survey • ATTACHMENT 8: Estimated Loan Repayment Schedule • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administi • Requirements for Ecology Grants and Loans" • The associated funding guidelines that correspond to the Fiscal Year in which the project is fiinded • The applicable statutes and regulations • As a subrecipient of federal funds, 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 011/13 Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments OMB Circular A-102, Uniform Administrative Requirements • The following is applicable for facilities projects: • Declaration of Construction - Form ECY 040-2-28(b) RECIPIENTS legislation (ordinance for cities, towns, and applicable charter counties; resolution for others) adopting the Utility system or plan, or system or plan of additions and betterments to and extensions of the Utility (in the case of cities and towns), or comprehensive plan, or comprehensive plan amendment, relating to the PROJECT • Facilities Plan Approval Letter (where applicable) and any amendments • Plans and Specifications Approval Letter (where applicable) and any amendments No changes, additions, or deletions to this AGREEMENT will be authorized without a formal written amendment, EXCEPT that in response to a request, from the RECIPLENT, the DEPARTMENT may redistribute the loan budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. ill Page 9 • By signing this agreement, the RECIPIENT acknowledges that opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, or guidelines mentioned in this agreement was given. IN WITNESS WHEREOF, the DEPARTMENT and the RECIPIENT have executed this AGREEMENT as of the dates set forth below, to be effective as provided above. STATE OF WASHINGTON CITY OF YAKIMA DEPARTMENT OF ECOLOGY KELLY SUSEWTND, P.E., P.G. DATE R.A. ZAIS DATE WATER QUALITY PROGRAM MANAGER CITY MANAGER APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (February 2009) Page 10 ATTACHMENT 1: OPINION OF RECIP[ENT'S LEGAL COUNSEL II/ I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney of City of Yakima [the REC]IPIENT], and I have examined any and all documents and records pertinent to the 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 AGREEMENT; C. The AGREEMENT has been duly authorized and executed by RECIPIENT's authorized representatives arid, to my best knowledge and after reasonable investigation, all other necessary actions have been taken to make the 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 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 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 AGREEMENT; and F. The AGREEMENT constitutes a valid general obligation of the RECIPIENT payable from annual ad valorem taxes to be levied 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. Capitalized terms used herein will have the meanings ascribed thereto in the AGREEMENT between the RECIPIENT and the DEPAR T. RECIPIENT's Legal Counsel Date • Page 1 of ATTACHMENT 1 ATTACILMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION • Page 1 of ATTACHMENT 2 FORM Approved By OMB: No, 2030-0020 Expires 04,30-2012 • • • S rrr A r■T rk cr, FORM Approved By OMB: No, 2030-0020 Expires 04-30-2012 ATTACHMENT 3: PREAWAR.D COMPLL&NCE REVIEW REPORT FOR ALL APPLICANTS REQUESTING FEDERAL ASSISTANCE 41. Form available electronically at: http://www.epagovioqd/forms/form's.htm (Suser crosscutter: required for all loans, except Centennial) Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance Note: Read instructions on B. :e two of this attachment. I. ApplicantlRecipient (Name, Address, State, Zip Code). • DUNS No. 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.) 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.) V. List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose d. 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 toland 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, ag 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 I periodicals and other written communications? c. Does the notice identify 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)) IX.* Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English proficieney? (40 C.F.R. Part 7, E.O. 13166) 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 narne, title, position, mailing address, e-mail address, fax number, and telephone number of the designated coordinator. XI" lithe 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 •rocedures. 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 mislerling statement may be punishable by fine or imprisonment or both under applicable law. 1 assure that I will full corns] with all applicable civil ri:Its statutes and EPA re: lations. A. Signature of Authorized Official , B. Title of Authorized Official C. Date 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, 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 FORM Approved By OMB. No. 2030-0020 Expires 04-30-2012 . . General Item s t cents of Federal financial assistance from the U.S. 'Wes and regulations. ntal Protection Agency must comply with the following "Applicant" means any entity that files an application or unsolicited nme proposal or otherwise requests EPA assistance. 40 C.F.R. §§ 5.105,7.25. a . Title VI of the Civil Rights Acts of 1964 provides that no person in "Recipient" means any entity, other than applicant, which will actually the United States shall, on the grounds of race, color, or national receive EPA assistance. 40 C.F.R. §§ 5.105, 7.25. • origin, be excluded from participation in, be denied the benefits of, or "Civil rights lawsuits and administrative complaints" means any be subjected to discrimination under any program or activity lawsuit or administrative complaint alleging discrimination on the receiving Federal financial assistance. The Act goes on to explain basis of race, color, national origin, sex, age, or disability pending or that the statute shall not be construed to authorize action with respect decided against the applicant and/or entity which actually benefits to any employment practice of any employer, employment agency, or from the grant, but excluding employment complaints not covered by labor organization (except where the primary objective of the Federal 40 C.F.R. Parts 5 and 7, For example, if a city is the named applicant financial assistance is to provide employment). but the grant will actually benefit the Department of Sewage, civil Section 13 of the 1972 Amendments to the Federal Water Pollution rights lawsuits involving both the city and the Department of Sewage Control Act provides that no person in the United States shall on the should be listed. ground of sex, be excluded from participation in, be denied the "Civil rights compliance review" means any review assessing the benefits of or be subjected to discrimination under the Federal Water applicant's ancUor recipient's compliance with laws prohibiting Pollution Control Act, as amended. Employment discrimination on discrimination on the basis of race, color, national or sex, age, or the basis of sex is prohibited in all such progi or activities. disability. Section 504 of the Rehabilitation Act of 1973 provides that no Submit this form with the original and required copies of applications, otherwise qualified individual with a disability in the United States requests for extensions, requests for increase of funds, etc. Updates of • shall solely by reason of disability be excluded from participation in, information are all that are required after the initial application be denied the benefits of, or be subjected to discrimination under any submission. program or activity receiving Federal financial assistance. Employment discrimination on the basis of disability is prohibited in all such programs or activities. ' , If any item is not relevant to the project for which assistance is requested, write "NA" for "Not Applicable." The Age Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation under any program In the event applicant is uncertain about how to answer any questions, or , •I'vity receiving Federal financial assistance. Employment EPA program officials should be contacted for clarification. • ation is not covered. Age discrimination in employment is • - • by the Age Discrimination in Employrnent Act • 'I 'VII —XI are for informational use only and will not affect administered by the Equal Employment Opportunity Commission. 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 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 Comprehensive Administrative Review For Grants/Cooperative Agreements & Continuation/Supplemental Awards form. 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 Approval indicates, in the reviewer's opinion, questions I — VI of Form of sex is prohibited in all such education programs or activities. Note: 4700-4 comply with the preaward administrative requirements for EPA an education program or activity is not limited to only those assistance. conducted by a formal institution. "Burden Disclosure Statement" 40 C.F.R. Part 5 implements Title IX of the Education Amendments EPA estimates public reporting burden for the preparation of this form of 1972. to average 30 minutes per response. This estimate includes the time for 40 C.F.R Part 7 implements Title VI of the Civil Rights Act of 1964, reviewing instructions, gathering and maintaining the data needed and Section 13 of the 1972 Arnendments to the Federal Water Pollution cornpleting and reviewing the form. Send comments regarding the Control Act, and Section 504 of The Rehabilitation Act of 1973. burden estimate, including suggestions for reducing this burden, to: The Executive Order 13166 (E.O. 13166) entitled; "Improving U.S. EPA, Attn: Collection Strategies Division (MC 2822T), Office of Information Collection, 1200 Pennsylvania Ave., NW, Washington,' Access to Services for Persons with Limited English Proficiency" requires Federal agencies work to ensure that recipients of Federal ' D.C. 20460; and to the Office of Information and Regulatory Affairs, financial assistance provide meaningful access to their LEP Office of Management and Budget, Washington, D.C. 20503. applicants and beneficiaries. The information on this forrn 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. • . • . 13,..-..,-. -, -.c. A n • .. •-• e r-r• ... • ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND AND CENTENNIAL CLEAN WA 1.ER PROGRAM PROJECTS • (UNLESS MODIFIED BY A SPECIAL TERM AND CONDITION IN PART V.) ACCOUNTTNG STANDARDS The RECIPIENT will maintain accurate recorcLs and accounts for the PROJECT ("PROJECT 1 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 land accounts (General Accounts). Eligible costs will be audited every other year, or annually if more than 5500,000 of federal funds are received in any given year, 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 writ comments, recommendations, and findings, will be furnished to the DEPAR 1 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. 11110 ACTIVTTIES 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 AGREEMENT is authorized by the Constitution and laws of the state of Washington, in cluding the RECIPIENT's authority, and by the RECIPIENT pursuant to the ordinance or resolution attached as A."1 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 f The RECIPIENT certifies by signing this AGREEMENT that all negotiated interlocal ag necessary for the PROJECT are, or will be, consistent with the terms of this AGREEMENT and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT will subnait a copy of each interlocal agreement necessary for the PROJECT to the DEPARTMENT. The RECIPIENT certifies by signing this AGREEMENT that all applicable requirements halle 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 th DEPARTMENT for eligibility determination. Page 1 of ATTACIIIvIENT 4 The RECIPIENT certifies by signing this 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, AND OTHER RESPONSIBILITY MATTERS (FOR FEDERALLY FUNDED PROJECTS) Federal Executive Order 12549 provides that Executive departments and agencies will participate in a government-wide system for monitoring suspended, debarred, and excluded parties. These departments and agencies have further passed this requirement onto their recipients and have provided pertinent regulations in the Code of Federal Regulations. The RECIPIENT, by signing this agreement, certifies that it is not suspended, debarred, 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. The web site for checking suspended, debarred, or excluded parties is www.epls.gov. COMMENCEMENT OF WORK The DEPARTMENT reserves the right to terminate this AGREEMENT if work does not commence on the project within 4 months after the DEPARTMENT's deadline for signing this LOAN AGREEMENT. II/COVENANTS AND AGREEMENTS Acceptance The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and commitments .of this 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 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 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 ULLD Assessments (if used to secure the repayment of this LOAN) All ULID Assessments in the LTLID will be paid into the Loan Fund and used to pay the principal of d interest on the LOAN. The UL1D Assessments in the, ULM may be deposited into the Reserve count 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 Page 2 nf ATTAC service will affect the RECIPIENT's ability to meet the obligations of this 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 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 it budget and levy taxes annually within the constitutional and statutory tax limitations provided by lavr 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. 4111 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 arnount 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 1 , for any other lawful purpose of the RECIPIENT once the LOAN Amount, plus interest and any other amounts owing to the DEPART 1 , 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 Page 3 of ATTACHMENT 4 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. 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. FACILITIES PROJECTS: PLANNING (ii APPLICABLE) The RECIPIENT will develop a facilities plan. An approvable facilities plan will meet the requirements of Chapter 173-240 WAC, "Submission of Plans and Reports for Construction of Wastewater Facilities" and the facility planning requirements of "Title 40 Code of Federal Regulations." FACILITIES PROJECTS: PLANS AND SPECIFICATIONS FOR FACILITIES PROJECTS (w APPLICABLE) lans and Specifications. The RECIPIENT will develop plans and specifications that must be 111 reviewed and approved by Water Quality Program staff of the DEPARTMENT and be consistent with: i 1. Requirements stated in Chapter 173-240 WAC, "Subm_ission 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 (December 1998 or more recent edition). 3. The approved facilities plan. 4. Other reports approved by the DEPARTMENT which pertain to the facilities design. DEPARTMENT Approval. The plans, specifications, construction contract documents, and addenda must be approved by the RECIPIENT prior to submittal for DEPARTMENT review. 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 construction cost estimate will be submitted along with each plan/specification submittal. 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 RECIPTENT's option, be bound with the specifications or related construction contract documents or bound as a separate document. All reduced drawings must be comple.tcly legible. erations Plan. The plans and specifications must also: 41111k 1. Include a Plan of Operation per the Water Quality Prograrn Guidance document, PLANS OF INTERIM OPERATION DURING CONSTRUCTION (October 21; 1992). 2. Include the information required in the Water Quality Program Guidance document, OPERATION AND MAINTENANCE MANUAL FOR NONTREATMENT WASTEWATER FACILITIES (October 21, 1992). Plan of Operation. A preliminary plan of operation will be prepared consistent with the 411 DEPARTMENT's GUIDELINES and submitted to the DEPARTMENT for review and approval with the plans and specifications. Approval by DEPARTMENT. The RECIPIENT will not proceed with any construction-related activities until all necessary plans and specifications are approved in writing by the DEPARTMENT. Change Orders. Change orders that are a significant deviation from the approved plans/spejifications must be submitted in writing for DEPARTMENT review and approval, prior to execution. Al 1 other change orders must be approved by the DEPARTMENT for technical merit and should be submitted within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal for DEPARTMENT approval. The DEPARTMENT may approve, through formal amendment to this AGREEMENT, funding for change orders for up to five percent of the eligible portion of the low responsive responsible construction bid(s). Adjusted Construction Budget. The construction budget, as reflected in the LOAN, will be adjusted once actual construction bids are received. If the low responsive responsible construct bid(si) exceed the engineer's estimate of construction costs, the DEPARTMENT may approve, through formal amendment to this AGREEMENT, funding increases for up to ten percent of the engineer's original estimate. 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. FACILITIES PROJECTS: CONSTRUCTION MANAGEMENT Plan of Operation. The plan of operation must be updated, as appropriate, before the start of construction and at the 50 percent and 90 percent stage of construction, or more often if necessary. The final plan of operation must be approved by the DEPARTMENT in writing before the construction is completed and before final payment is made. Construction Qiiality 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 the activities which will be undertaken to achieve adequate and competent performance of all construction work. 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. In the absence of any major changes, the construction schedule should be resubmitted to the DEPARTMENT at a minimum of every three months. When changes in the construction schedule affect previous cash flow estimates, revised cash flow projections must also be submitted to the DEPARTMENT. "As-Built" Drawings. Upon completion of construction, the RECIPIENT will provide the DEPARTMENT's Project Manager with a set of "as-built" plans (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, ir addition to a certification statement signed by a professional engineer, indicating that the project was completed Page 5 of ATTACI 4 in accordance with the plans and specifications and major change orders approved by the DEPARTMENT's Project Engineer and shown on the "as-built" plans. • °aerations 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," and the DEPARTMENT's GUIDELINTES. The O&M Manual will be submitted to the Project Manager for review and comment at the 50 percent stage of construction. The RECIPIENT will coordinate the development of the O&M Manual with the DEPARTMENT following the initial submittal to ensure that a completed O&M Manual, approved by the DEPARTMENT, will exist at the 90 percent stage of construction. The O&M Manual will be updated as necessary following plant start-up to reflect actual operating experience. GROWTH MANAGEMENT PLANNING The RECIPIENT certifies .by signing this AGREEMENT for a Water Pollution Control Facilities project 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 increased oversight is selected for this project, the RECIPIENT will submit all backup documentation with each payment request submittal. In addition, the DEPARTMENT's Project flikE anager will establish a schedule for additional site visits to provide technical assistance to the CIPIENT and verify progress or payment information. LOAN REPAYWIENT - 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 RECIPLENT. 3. For General Obli. ation 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 41 , 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. 6. Defeasance of the LOAN; Refinancing or Additional Financing of the PROJECT. 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 also will not refinance the PROJECT, including making an advance refunding of the LOAN, o obtain additional grants or loans to finance the PROJECT, without the written consent of the DEPARTMENT. If the RECIPIENT defeases or advance refunds the LOAN or obtains additional grants or loans for the PROJECT without DEPARTMENT consent, 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 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. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this AGREEMENT, the • first semiannual payment of principal and interest on this LOAN will be paid no later than the earlier of (i) one year after the PROJECT Completion Date or Initiation of Operation Date (ii) five years from the first payment by the DEPARTMENT 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 I; made without a formal amendment to this AGREEMENT. The RECIPIENT will continue to make semiannual payments based on this AGREEMENT until the amendment is effective, at which time the RECIPTENT's payments will be made pursuant to the amended , AGREEMENT. 2. Late Charges. If any amount of the Final LOAN Amount or any other amount ovv to the DEPARTMENT pursuant to this AGREEMENT remains unpaid after becomes due and payable, the DEPARTMENT may assess a Late Charge. The Late Charge will be one Page 7 of ATTACHMENT 4 percent per month on the past due amount starting on the date the debt becomes past due ink IF 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 AGREEMENT to establish and administer a loan fund. Local Loan Fund Servicing. The RECIPIENT will be responsible for loan servicing and collecting and tracking payments, but may contract for such services through a lending institution. The RECIPIENT will officially approve or deny the loan request and will establish the interest rate and the repayment period. chedule. A schedule for PROJECT completion, including milestone dates for loan marketing ctivities, numbers of loan applications and closures, disbursements, application deadlines, etc., will be submitted by the RECIPIENT with each quarterly progress report. . MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority- owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this AGREEMENT. In the absence of more stringent goals established by the RECIP 1 ENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT's goals.for minority- and women-owned business participation in all bid packages, requests for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction 10% MBE 6% WBE Equipment 8% MBE - 6% WBE Supplies 8% MBE 4% WBE Services . 10% MBE 4% WBE .. Professional Services 10% MBE 6% WBE No contract award or rejection will be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and all prospective bidders or Ilk sons submitting qualifications will t2ke the following affirmative steps in any procurement initiated er the effective date of this AGREEMENT: I. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are . 0 0 .....r 4 'TT' 4 ' 177 A potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this AGREEMENT, the RECIPIENT certifies that the above steps were, or will b l e, followed. Any contractor engaged by the RECIPIENT under this AGREEMENT will be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT will report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. MODIFICATIONS TO AGREEMENT No subsequent amendments to this 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 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 AGREEMENT. PAYMENT REQUEST SUBMITTALS Equipment Purchase Equipment 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 DEPAR I . 2. Cost Reimbursable Basis: Payments to the RECIPIENT will be made on a reimbursable basis at least quarterly, but no more often than once per month unless allowed by the Page 9 of ATTACI-MENT 4 DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely 40 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 AGREEMENT and performed after the effective date and prior to the expiration date of the AGREEMENT, unless those dates are specifically modified in this 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 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 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. 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 The RECIPIENT will require all contractors and subcontractors on the PROJECT to pay wages at rates 4111k less than those prevailing for the same type of work on similar construction in the immediate cality, in compliance with state prevailing wage rate requirements, Chapter 39.12 RCW Prevailing Wages on Public Works. To obtain the state prevailing wage rates, contact the Washington State Departrnent of Labor and Industries. P,ie 1 A r,f A TT A r'[-norCNTT A • 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. PUBLIC AWARENESS All public awareness notices or announcements related to the PROJECT, financed in whole or in part by LOAN funds, should inform the public of the involvement of the DEPARTMENT and the Environmental Protection Agency if applicable. REPORTS; DOCLTMENTS Progress, Quarterly, and Other Reports; Invoices. The RECIPIENT will submit progress reports to the DEPARTMENT quarterly or such other schedule as set forth herein_ Quarterly reports will cover the periods: January 1 through March 31 April 1 through June 3.0 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 Progress Report. At a minimum, all Progress Reports must contain a comparison of actual accomplishments to the objectives established for the period, tbe reasons for delay if established objectives were not rnet, analysis and explanation of any cost oven and any additional pertinent information specified in this agreement. Even if no progress has occurred a progress report must still be submitted. The RECIPIENT will also report in writing to the DEPARTMENT any problcms, 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. The following additional reports will be required if requested by the DEPARTMENT: 1. Draft PROJECT completion reports — up to three copies 2. Draft PROJECT completion reports — up to three copies 3. Final PROJECT completion reports (of local significance) —up to seven copies 4. Final PROJECT completion reports (of statewide significance) — up to 50 copies 5. Design reports and 90 percent plans and specifications — up to two copies 6. Final plans and specifications -- up to three copies 7. Draft and final One-Year Certification reports — up to two copies 8. Other documents and correspondence that require DEPARTMENT approval — up to two copies. (Once approval is given, one copy will be returned to the RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of submittals should be adjusted accordingly). 9. Quarterly Progress Reports — two copies 411), The RECIPIENT will submit a copy of each quarterly progress report to both the Financial Manager and the Project Nfanager of the DEPARTMENT. Page 11 of ATTACHMENT 4 REPRESENTATIONS AND WARRA_NTIES , The RECIPIENT represents and warrants to the DEPARTMENT as follows: 0 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 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 AGREEMENT, true and correct. There is no material adverse information relating to the RECIPIENT, the PROJECT, the LOAN, or this 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 AGREEMENT; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID 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 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 is being contested. No authority or proceeding for the execution of this AGREEMENT has been repealed, revoked, or rescinded. 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 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 ofthe Revenue of the Utility than, in its judgment, will be available over and above such Maintenance and Operation Expense and those debt service requirements. EWER-USER FEE ORDINANCES AND USER-CHARGE SYSTEM ewer-Use Ordinance or Resolution if not already in existence, the RECIPIENT will adopt and will enforce a sewer-use ordinance or resolution to require that all new sewers and connections are designed and constructed in accordance with applicable state and local standards. Such ordinance or resolution will be submitted to the . 1 CrP 1 7 nf d TT rr_rn=m 4 DEPARTMENT upon request by the DEPARTMENT. User-Charge System The RECIPIENT certifies that it has the legal authority to establish and implement a wastewater treatment user-charge system and will adopt a system of wastewater treatment user-charges to assure that each recipient of the water pollution control facility 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 water pollution control facility, to establish a reserve to pay for replacement, and to repay the LOAN. SIGNAGE 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 AGREEMENT, the RECIPIENT is also required to utilize the following affirmative steps: 1. Place Small Business in Rural Areas (SBRAs) on solicitation lists. 2. Make sure the SBRAs are solicited whenever there are potential sources. 1 3. Divide total requirements, when economically feasible, into small tasks or quantities to 111 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 SERA participation. TERMINATION AND DEFAULT; REMEDIES A. Termination and Default Events 1. For Insufficient DEPARTMENT or RECIPIENT Funds. This AGREEMENT may be terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds. 2. For Failure to Commence Work. This AGREEMENT may be terminated by the DEPAR 1 for failure of the RECIPIENT to commence PROJECT work. 3. Past Due Payments. The RECIPIENT will be in defa of its obligations under this 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 AGREEMENT. The RECIPIENT will be in default of its obligations under this AGREEMENT if, in the opinion of the DEPA_RTMENT, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this AGREEMENT including, b not limited to, the PROJECT Schedule contained in Section IV-E. Page 13 of ATTACHMENT 4 • B. Procedures for Termination If this 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 AGREEMENT. 2. Repayment Demand. In response to a termination event, except in the circumstances described in Section VII-A-1, or in response to a default event, the DEPARTMENT may in its sole discretion demand that the'RECEPIENT repay the outstanding balance of the LOAN Amount and all accrued 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, III 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 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 AGREEMENT is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or otheffilaterial§ 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. 0 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 arnounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this AGREEMENT. 10. Fees and Ex senses. In any action to enforce the provisions of this 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 4.84330, "Actions on contract or lease . ..—Waiver prehibited." 11. DarnaRes. Notwithstanding the DEPARTMENT's exercise of any or all of the termination or default remedies provided in this 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 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 Cleteimined. WATER QUALITY MONITORING Quality Assurance Project Plan (QAPP): Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow the DEPARTMENT's "Guideline 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 Intentionally Left Blank) • Page 15 of ATTACHMENT 4 • Pa (Ye 1 nf A TT A C'T-TAA-P"NTT ATTACHMENT 5: AGREEMENT DEFINITIONS Unless otherwise provided, the following telins will have the respective meanings for all purposes of this 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. "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) gove 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-Lban-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. "Guidelines" means the DEPARTMENT's Funding Guidelines that that correlate to the State Fiscal • Year in which the PROJECT is funded. Page 1 of ATTACHMENT 5 0 "Initiation of Operation" is the actual date the Water Pollution Control Facilities financed.with proceeds of the LOAN begin 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 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 for the transmission, treatment, or disposal of sewage, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Re 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 '" PROJECT" LOAN. "PROJECT" means the PROJECT described in this AGREEMENT. "PROJECT Completion Date" is the date specified in the AGREEMENT as that on which the Scope of Work will be fully completed. "PROJECT Schedule" is that schedule for the PROJECT specified in the 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 AGREEMENT (or subsequently issued on a parity therewith, including reffin ding obligations) ofissued after the date of execution of this 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. Ilk tate Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution trol revolving fund established by RCW 90.50A.020. Page 2 of ATTACHMENT 5 "Termination Date" means the effective date of the DEPARTMENT's termination of the 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 LTLID. 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 or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged t and secure the LOAN. (Revised September 2007) Page 3 of ATTACHMENT 5 • Page 1 of ATTACILMENT 6 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 loan funds are to be used will be accomplished by the RECIPIENT and RECITIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the teal's and Conditions of this AGREEMENT. C. THIRD-PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this 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 will be awarded through a competitive process, if required by State law. The RECIPIENT shall recain copies of all bids received and contracts awarded., for hispection a LL the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this AGREEMENT will 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 DEPAR 1 and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT Page 2 of ATTACHMENT 6 • further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of 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. 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 AGREEMENT for cause as provided in Section K.1. G. KLCKBACKS 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. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this AGREEMENT. Such records will clearly indicate total receipts and expenditures by fund source and task or object. All loan records will be kept in a manner which provides an audit trail for all expenditures. All records will be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work • accomplished under this AGREEMENT will be maintained by the RECIPIENT. 2. All loan records will 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 loan repayment or any dispute resolUtion. If any such audits identify discrepancies in the financial records, the RECLPIP,NT shall provide clarification and make adjustments accordingly. 3. All work performed under this AGREEMENT and any equipment purchased will 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 AGREEMENT and for at least three years following loan termination or dispute resolution. 4. The shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations) or OMB Circular A-110 (Uniform, Administrative Requirements for Grants & Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations) if the RECIPIENT receives 1111 federal funds in excess of $500,000. The RECIPIENT must forward a copy of the state auditor's audit along with the RECIPIENT response and the final corrective action plan, as approved by the SAO, to the DEPARTMENT within 90 days of the date of the report. Page 3 of ATTACHMENT 6 5. The RECIPIENT shall provide the DEPARTMENT with a copy of the Single Atidit Act audit if the RECIPIENT expends more than $500,000 in federal Revolving Fund S in a fiscal year. The RECIPIENT shall submit this audit report within 9 months of the end of the audit period. 6. The RECIPIENT shall inform the DEPARTMENT of findings and recommendations pertaining to the Revolving Fund contained in the Single Audit Act audits or an.ylother audit conducted by the RECIPLENT, whether or not the $500,000 federal threshold was reached. 1. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT quarterly or such other schedule as set forth in the Scope of Work. The RECIPIENT shall also report in writing to the DEPARTMENT • - any problems, delays or adverse conditions which will materially affect their ability to meet prkect objectives or time schedules. This disclosure shall be accompanied by a statement of the actioi taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments will be withheld if required progress reports are not submitted. J. COMPENSATION L Method of Com_pensation. Payment will 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 will 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 certified as satisfactory by the Financial Manager. The payment request fon 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 wild 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 will be submitted to the DEPARTMENT and directed to the Financial Manager assigned to administer this AGREEMENT . 2. Budget Deviation_ Deviations in budget amounts are not allowed without written amendment(s) to this AGREEMENT. Payment requests will be disallowed - when the RECIPIENTs request for reimbursement exceeds the State maximum share amount for that etement, as described in the Scope of Work. 3. Period of Compensation. Payments will only be made for action of - the RECIPIENT pursuant to the loan AGREEMENT and performed after the effective date and prior to the expiration date of this AGREEMENT, unless those dates are specifically modified in writing as provided herein. Page 4 of ATTACHMENT 6 4. Final Request(s) for Payment. The RECIPIENT must submit final requests for • compensation within 45 days after the expiration date of this AGR_EEMENT' and within 15 days after the end of a fiscal biennium. Failure to comply may result in delayed reirnbursement. 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent of each reimbursement payment as security for the RECIPIENT's performance and a financial bond. 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 AGREEMENT and, as appropriate, upon completion of an audit as specified under section J.6. 6. Unauthorized Expenditures. All payments to the RECIPIENT will be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this loan will be refunded to the DEPARTMENT by the RECIPIENT. 7. 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 Washington state law for state employees. K. TERMINATION ,. 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 AGREEMENT. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this AGREEMENT, the DEPARTMENT may refuse to pay any further funds and terminate this 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, maps, models, photographs, and reports or other rnaterials prepared by the RECIPIENT under this AGREEMENT, at the option of the DEPARTMENT, will 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 AGREEMENT by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff] intil 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 AGREEMENT crosses over state fiscal years the obligation of the .40 DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failureto appropriate or allot such funds will be good cause to terminate this Page 5 of ATTACHMENT 6 AGREEMENT, as provided in paragraph K.1 above. • When this AGREEMENT crosses the RECIPTENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein will be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, howeverj that nothing contained herein will preclude the DEPARTMENT from demanding repayment of all funds paid to the RECIPIENT in accordance with Section 0. 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 AGREEMENT, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this AGREEMENT. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a brea ch of any provision of this AGREEMENT is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this 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 goverrunent purposes. Where federal funding is involved, the federal govemmentmay have a proprietary interest in patent rights to any inventions that developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECEPIENT or persons employed by the RECIPIENT us or publish information of the DEPARTMENT; present papers, lectures, or seminars [ information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit will be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans," Part V, will 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 or federal statute(s), regulation(s), or policy(s) to the contrary or upon specificiristructions 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 will be returned to the DEPARTMENT prior to final payment by the DEPARTMENT: If said . property is lost, stolen, or damaged while in the RECIPLENT's possession; the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair Page 6 of ATTACHMENT 6 4111 market value of such property. 5. Acquisition Projects. The following provisions will apply if the project covered by this AGREEMENT includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this AGREEMENT, the RECIPIENT shall establish that the cost of land and 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 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 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 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 AGREEMENT bear to the total acquisition, purchase, or construction costs of such property. N. RECYCLED/RECYCLABLE PAPER . All documents and materials published under this AGREEMENT will be produced on recycled paper containing the highest level of post consumer and recycled content that is available. At a minimum, paper with ten percent post consumer content and 50 percent recycled content will be used. Whenever possible, all materials will be published on paper that is unbleached or has not been treated with chlorine gas or hypochlorite. As appropriate, all materials will all be published on both sides of the paper and will minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. 0. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain reimbursement monies paid to it is contingent upon satisfactory performance of this 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 AGREEMENT, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all loan funds disbursed to the RECIPIKNT for those parts of the project that are rendered worthless, in the opinion of the DEPARTMENT, by such failure to perform. Interest will accrue at the rate of 12 percent per annum from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient ds, as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been 'd to the RECIPIENT prior to such termination. Any property acquired under this AGREEMENT, at Ilk th Page 7 of ATTACHIAENT 6 the option of the DEPARTMENT, may become the DEPARTMENT's property and the RECIPIENT's liability to repay monies will 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 AGREEMENT by the RECIPIENT will be subject to the review and approval of the DEPARTMENT through the Project Manager or other designated official to whom the RECIPIENT shall report and be responsibl. 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 Manager or other designated official as to the extent and character of the work to be done will govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this AGREEMENT, any dispute concerning a question of fact arising under this AGREEMENT which is not disposed of in writing will be decided by the Project Manager or other designated official who shall provide a written statement of decision to the RECIPIENT1 The decision of the Project Manager or other designated official will be final and conclusive unless, within 30 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 will be final and conclusiv e. Appeals from the Director's determination will 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, the RECIPIENT shall proceed diligently with the perforrnance of this AGREEMENT and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this AGREEMENT who exercises any function or responsibility in the review, approval, or carrying out of this 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 direct or indirect, in this AGREEMENT or the proceeds thereof. S. INDEMNIFICATION I. 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, eac 1 h party shall indernnify 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 Page 8 of ATTACHMENT 6 • T. GovERNThi agents or employees arising out of this AGREEMENT. This AGREEMENT will be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this AGREEMENT or any provision of any document incorporated by reference will be held invalid, such invalidity will not affect the other provisions of this AGREEMENT which can be given effect without the invalid provision, and to this end the provisions of this AGREEMENT are declared to be severable. V. PRECEDENCE In the event of inconsistency in this AGREEMENT, unless otherwise provided herein, the inconsistency will 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. 4110(Revised 02/18/09) • Page 9 of ATTACHMENT 6 • ATTACHMENT 7: WATER QUALITY PROGRAM - FINANCIAL MANAGEMENT POST PROJECT ASSESSMENT SURVEY 1. Agreement Number: 2. Recipient Name: 3. Project Name: 4. Years Since Project Completion: Three Four 1 1 Five 1 1 Other (please specify): 5. Contact Information: Contact Name: Contact Phone Number: Contact E-mail Address: 6. Level of Involvement by Present Contact on Project: • 7. Type of Project (check both if applicable): 1 1 Activity — Facility 8. Financing: Total Project Cost: Total Eligible Project Cost: Ecology Loan Amount: If Applicable, Ecology Grant Amount: 9. Water Quality and/or Compliance Problem: Page 1 of ATTACHMENT 7 10. Describe the Most Critical Specific "Project Result(s)" or "Outcome(s)" actually . achieved by the Project: 111 11. Provide documentation (including digital color pictures) that evidence the continued maintenance and effectiveness of the Project at the time of this survey: 12. Check the Eventual Environmental Result(s) or Goal(s) substantively addressed or achieved by the Project: Designated beneficial uses restored or protected Regulatory compliance achieved 1 Severe Public Health Hazard or Public Health Emergency eliminated 13. Describe the status of the Eventual Environmental Result(s) or Goal(s) at the time of this assessment: • 14. Describe subsequent work and ongoing efforts needed to achieve the Eventual Environmental Result(s) or Goal(s) by you and others in the area: (Revised 6/9/06) Page 2 of ATTACHMENT 7 ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE Page 1 of ATTACHMENT 8 ESTIMATED LOAN REPAYMENT SCHEDULE * Dept. cf . -.7 - _■_: Ecoiogy ATTACHMENT 8 lio Number' L1000030 Loan Amount $1,214,000.00 Recipient Name City of Yakima Term of Loan 39 Payments Amortization Method Comoound-365 D/Y Annual Int. Rate 2.900 % Project Completion Date 10/01/2012 Interest Compounded Monthly Initiation of Operations 06/01/2011 Loan Date 10/01/2011 Loan Number L1000030 Department of Ecology Recipient Name City of Yakima Date Created 01/13/2010 Payment # Due Date Payment Amount Interest Principal Balance 1 06/01/2012 $41,234.58 $23,588.31 $17,646.27 $1,196,353.73 2 12/01/2012 $41,234.58 $17,452.27 $23,782.31 $1,172,571.42 SubTotal 2012 $82,469.16 $41,040.58 S41,428.58 3 06/01/2013 $41,234.58 $17,105.34 $24,129.24 $1,148,442.18 4 12/01/2013 $41,234.58 $16,753.34 $24,481.24 $1,123,960.94 Sipa! 2013 $82,469.16 $33,858.68 $48,610.48 5 06/01/2014 $41,234.58 $16,396.22 $24,838.36 $1,099,122.58 6 12/01/2014 $41,234.58 $16,033.88 $25,200.70 $1,073,921.88 SubTotal 2014 $82,469.16 $32,430.10 850,039.06 7 06/01/2015 $41,234.58 $15,666.25 $25,568.33 $1,048,353.55 8 12/01/2015 $41,234.58 $15,293.26 $25,941.32 $1,022,412.23 SubTotal 2015 $82,469.16 $30,959.51 $51,509.65 9 06/01/2016 $41,234.58 $14,914.83 • $26,319.75 $996,092.48 10 12/01/2016 $41,234.58 $14,530.88 $26,703.70 $969,388.78 SubTotal 2016 $82,469.16 $29,445.71 , $53,023.45 11 06/01/2017 $41,234.58 $14,141.33 $27,093.25 $942,295.53 12 12/01/2017 $41 $13,746.10 $27,488.48 $914,807.05 SubTotal 2017 ' - $82,469.16 $27,887.43 S54,581.73 13 . , 06/01/2018 $41,234.58 $13,345.10 $27,889.48 $886,917.57 14 12/01/2018 ' ' $41,234.58. $12,938.25 $28,296.33 $858,621.24 Stipal 2018 $82,469.16 $26,283.35 $56,185.81 15 06/01/2019 $41,234.58 $12,525.47 $28,709.11 $829,91213 ATTACHMENT 8 - Page 1 of 3 Schedule Number 1497 Loan Number L1000030 Department of Ecology Recipient Name City of Yakima Date Created 01/13/2010 i Payment # Due Date Payment Amount Interest Principal Ba 16 12/01/2019 $41,234.58 $12,106.66 $29,127.92 $800,784.21 SubTotal 2019 $82,469.16 $24,632.13 $57,837.0 17 06/01/2020 $41,234.58 $11,681.75 529,552.83 $771,231.38 18 12/01/2020 . $41,234.58 $11,250.64 $29,983.94 $741,247.44 SubTotal 2020 $82,469.16 $22,932.39 $59,536.7i 19 06/01/2021 $41,234.58 $10,813.23 $30,421.35 $710,826.09 20 12/01/2021 $41,234.58 $10,369.45 $30,865.13 $679,960.96 I SubTotal 2021 $82,469.16 $21,182.68 $61,286.48, I 21 06/01/2022 $41,234.58 $9,919.19 $31,315.39 $648,645.57 22 12/01/2022 $41,234.58 $9,462.37 $31,772.21 $616,873.36 SubTotal 2022 $82,469.16 519,381.56 $63,087.601 23 06/01/2023 • $41,234.58 $8,998.88 $32,235.70 $584,637.66 24 12/01/2023 $41,234.58 $8,528.63 $32,705.95 $551,931.71 SubTotal 2023 $82,469.16 $17,527.51 $64,941.651 ID 25 06/01/2024 ' $41,234.58 $8,051.52 $33,183.06 $518,748.65 26 12/01/2024 . $41,234.58 $7,567.45 $33,667.13 $485,081.52 SubTotal 2024 $82,469.16 $15,618.97 $66,850.19 27 06/01/2025 $41,234.58 $7,076.31 $34,158.27 $450,923.25 28 12/01/2025 541,234.58 $6,578.02 $34,656.56 I $416,266.69 SubTotal 2025 . $82,469.16 $13,654.33 $68,814.83 29 06/01/2026 $41,234.58 $6,072.45 $35,162.13 I I $381,104.56 30 12/01/2026 $41,234.58 $5,559.51 $35,675.07 1 $345,429.49 ;ubTotal 2026 $82,469.16 $11,631.96 $70,837.20 31 06/01/2027 $41,234.58 $5,039.09 $36,195.49 5309,234.00 32 12/01/2027 $41,234.58 $4,511.07 $36,723.51 $272,510.49 , ;ubTotal 2027 $82,469.16 $9,550.16 S72,919.00" 33 06/01/2028 $41,234.58 $3,975.35 $37,259.23 $235,251.26 34 12/01/2028 $41,234.58 $3,431.82 $37,802.76 $197,448.50 ubTotal 2028 $82,469.16 $7,407.17 $75,061.99 • 5 06/01/2029 $41,234.58 $2,880.36 $38,354.22 $159,094.28 TTA CEMENT 8 Page 2 of 3 Schedule Number 1497 Loan Number L1000030 Department of Ecology Recipient Name City of Yakima Date Created 01/13/2010 le nt # Due Date Payment Amount Interest Principal Balance 36 12/01/2029 $41,234.58 $2,320.85 $38,913.73 $120,180.55 SubTotal 2029 $82,469.16 $5,201.21 $77,267.95 37 06/01/2030 $41,234.58 $1,753.18 $39,481.40 $80,699.15 38 12/01/2030 $41,234.58 $1,177.23 $40,057.35 $40,641.80 SubTotal 2030 $82,469.16 $2,930.41 $79,538.75 39 06/01/2031 $41,234.68 $592.88 $40,641.80 $0.00 SubTotal 2031 $41,234.68 $592.88 $40,641.80 Grand Total $1,608,148.72 $394,148.72 $1,214,000.00 O • ATTACHMENT 8 Pate 3 of 3 Schedule Number 1497