HomeMy WebLinkAboutR-1994-069 Public Works Trust Fund applicationsRESOLUTION NO R-94- 69
. A RESOLUTION authorizing the City Manager to sign all Public Works Trust
Fund applications, loan agreements and amendments, and
other documents relating to the Gateway/I-82 project for
water, wastewater, and transportation system planning,
design, and construction
WHEREAS, the City of Yakima has developed a plan for wastewater
collection, treatment, disposal for the Yakima Regional Urban Area and a
comprehensive water plan defining system requirements and responsibilities,
such plans being necessary to determine the needs of the area for health, safety
and well being of the people; and
WHEREAS, the water and wastewater plans, and transportation plans
were developed in accordance with the applicable regulatory requirements and
set forth facilities and systems required to be constructed, improved and
rehabilitated to serve the needs of the area, and
•
s
WHEREAS, the financing element of capital improvements requires
early attention to capture a funding base necessary for additional planning
securing the most cost effective designs and to update existing planning
documents as required for other State or Federal financing programs for water
sewer and transportation, and
WHEREAS, the cost of planning, design, and construction of the water,
sewer, and transporation facilities are eligible for Public Works Trust Fund loan
financing; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is duly authorized to sign the attached application,
loan agreements and amendments, and other documents relating to water,
sewer, and transportation systems planning, design, and construction in the 1-
82/Gateway project for the 1995 round Public Works Trust Fund loan program.
ADOPTED THIS 7th day of ,-imp , 1994.
ATTEST
CITY CLERK
PWTF Res -Gateway -95
6/3/94
CW
MAYOR
-
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PW -5-95-791-052
City of Yakima
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the
DEPARTMENT and the LOCAL GOVERNMENT. This contract consists of ten pages and two
attachments. An attachment to this agreement, ATTACHMENT I' SCOPE OF WORK, consists of
a description of local project activities, certification of the project's useful life, and identification of
estimated project costs and fund sources and is, by this reference, incorporated into this agreement
as though set forth fully herein. In addition, ATTACHMENT II: ATTORNEY'S CERTIFICATION, is
by this reference incorporated into this agreement.
The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date
and year last written below.
DEPARTMENT OF COMMUNITY, TRADE LOCAL GOVERNMENT
AND ECONOMIC DEVELOPMENT
rek 25SK.fy Oki
Nam
Title
Date
Approved as to Form by
Name
\--.4.ti1e\V 1V>\
Title
Date
1i- (00- ci
Amey General Taxpayer Identification Number
tjakftomey General
Date
5 ) 1(7165 --
Page 1
PWTF 1995 Construction Loan Agreement
Printed 4/21/95
PART II: INTRODUCTION
This loan agreement is made and entered into by and between the DEPARTMENT OF
COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, a department of the state of
Washington (referred to as the "DEPARTMENT") on behalf of the PUBLIC WORKS BOARD
(referred to as the "BOARD"), and the City of Yakima (referred to as the "LOCAL
GOVERNMENT").
The DEPARTMENT has received an appropriation from the Washington State Legislature
under the authority of Chapter 43.155 RCW to provide financial assistance to selected units of
local government for the repair, replacement, reconstruction, rehabilitation, or improvement of
bridges, roads, domestic water systems, sanitary sewer, and storm sewer systems. Acting
under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works
project.
PART III: PURPOSE
The DEPARTMENT and the LOCAL GOVERNMENT have entered into this agreement to
under -take a local public works project which furthers the goals and objectives of the
Washington State Public Works Trust Fund Program. The project will be undertaken by the
LOCAL GOVERNMENT and will include the activities described in ATTACHMENT I: SCOPE
OF WORK, as well as in the Public Works Trust Fund Application submitted to the BOARD by
the LOCAL GOVERNMENT and upon which this agreement is based. The assisted project
must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all
applicable state and local laws and ordinances, which by this reference are incorporated into
this agreement as though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The DEPARTMENT, using funds appropriated from the Public Works Assistance Account,
shall loan the LOCAL GOVERNMENT a sum not to exceed $1,000,000.00. The interest rate
shall be one percent (1%) per annum on the outstanding principal balance The term of the
loan shall not exceed 20 years, with the final payment due July 1, 2015.
4.02 Local Project Share
The LOCAL GOVERNMENT pledges an amount of locally -generated revenue not less than
thirty percent (30%) of the total eligible portion of the project cost not funded by federal or state
grants as identified in ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project
close-out. Any change in the percentage of locally -generated funds may require an
Page 2
PWTF 1995 Construction Loan Agreement
Printed 4/21/95
adjustment in the loan amount or interest rate charged, or both. In such event, the LOCAL
GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan
amount or interest rate, as appropriate.
Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be
related only to project activities described in ATTACHMENT l: SCOPE OF WORK. These
expenditures may be made up to twelve (12) months prior to the execution of the loan
agreement and verified at the time of project close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN
AGREEMENT.
4.03 Disbursement of Loan Proceeds
The DEPARTMENT shall issue warrants to the LOCAL GOVERNMENT for payment of
allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and
administering approved project activities in accordance with ATTACHMENT I: SCOPE OF
WORK. In no event shall the total Public Works Trust Fund loan exceed seventy percent
(70%) of the eligible actual project costs. The disbursement of loan proceeds shall be initiated
by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form provided by the
DEPARTMENT. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen
percent (15%) of the approved Public Works Trust Fund loan shall be disbursed by the
DEPARTMENT to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award
of a construction contract, a sum not to exceed seventy-five percent (75%) of the approved
Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL
GOVERNMENT, except in the case of engineering services contracts. If the approved project
described in ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering
studies, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust
Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT within thirty
(30) days of the execution of a Notice to Proceed following the formal award of a contract for
engineering services.
At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out
Report), shall be submitted to the DEPARTMENT by the LOCAL GOVERNMENT certifying
total actual project costs. The Close-out Report shall include copies of the approved closure
reports from the Department of Revenue and the Department of Labor & Industries.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of
,seventy percent (70%) of the eligible project costs or the total of $1,000,000 00 whichever is
!less, nor shall this disbursement occur prior to the completion of all project activities and
clearance of all Close-out documents from the Department of Revenue and the Department of
Page 3
PWTF 1995 Construction Loan Agreement
Printed 4/21/95
Labor & Industries. The Close-out Report shall serve as a contract AMENDMENT for
determining the final loan amount, interest rate, and local share.
In the event that the final costs identified in the Close-out Report indicate that the
LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of seventy
percent (70%) of eligible costs, all funds in excess of seventy percent (70%) shall be repaid to
the DEPARTMENT within thirty (30) days of submission of the Close-out Report.
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on funds disbursed by the DEPARTMENT and held by the LOCAL
GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to
the eligible costs of the approved project. Benefits shall accrue in one of two ways:
1. Reduce the amount of the Public Works Trust Fund loan.
2. Pay part of the eligible project costs that are in excess of ATTACHMENT I: SCOPE
OF WORK estimates. (Overrun of project costs.)
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from
the Public Works Trust Fund loan can be readily identified and accounted for at any time
during the life of this loan agreement. Such procedures shall consist of the establishment of a
separate fund, account, sub -account or any other method meeting generally accepted
accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I:
SCOPE OF WORK no later than October 1, 1995, and reach project completion no later than
thirty (30) months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute
default of this agreement and require the immediate repayment of any loan funds disbursed.
In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing,
that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds
vote, extend the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project
completion, unless terminated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 1996, and subsequent
'installments are due on July 1 of each year during the term of the loan. The first repayment
under this agreement shall consist of interest only at the rate of one percent (1%) per annum,
calculated on a 360 -day year of twelve 30 -day months, applied to funds received from the
DEPARTMENT. Interest will begin to accrue from the date the DEPARTMENT issues each
Page 4
PWTF 1995 Construction Loan Agreement
Printed 4/21/95
warrant to the LOCAL GOVERNMENT. Subsequent repayments shall consist of 1/19 of the
principal plus interest on the unpaid balance of the loan. The final payment shall be an
amount sufficient to bring the loan balance to zero.
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any
time, and the right to repay at a faster rate than is provided in this agreement, provided that
any such payment must equal or exceed the amount normally due on an annual basis.
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions
through the use of a check, money order, or equivalent means made payable to the
DEPARTMENT and sent to:
Department of Community, Trade and Economic Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia, Washington 98504-8300
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general
obligation revenues, or a combination thereof. The name of the fund, account, or sub -account
shall be LA �...��
4.08 Default in Repayment
Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this
agreement. A payment not received within thirty (30) days of the due date shall be declared
delinquent. Delinquent payments shall be assessed a penalty of twelve percent (12%)
interest per annum calculated on a 360 -day year.
Upon default in the payment of any annual installment, the DEPARTMENT may declare the
entire remaining balance of the loan, together with interest accrued, immediately due and
payable. Failure to exercise its option with respect to any such repayment in default shall not
constitute a waiver by the DEPARTMENT to exercise such option for any succeeding
installment payment which may then be in default. The LOCAL GOVERNMENT shall pay the
costs and reasonable legal fees incurred by the DEPARTMENT in any action undertaken to
enforce its rights under this section.
Page 5
PWTF 1995 Construction Loan Agreement
Printed 4/21/95
4.09 Loan Security
The LOCAL GOVERNMENT must select one of the following options for securing repayment
of the loan. Please check and initial the appropriate option.
1. .1*_( �-ti-.. General Obligation: This loan is a general obligation of the LOCAL
GOVERNMENT.
2. 0 Revenue Obligation: This option may be used only if the entire project
is a domestic water, sanitary sewer or storm sewer utility project. LOCAL GOVERNMENTS
performing a storm sewer project that have not created a storm sewer utility or a combined
sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of
bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this
option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net
revenue of the utility system indicated below. Payments shall be made from the net revenue
of the utility after the payment of the principal and interest on any revenue bonds, notes,
warrants or other obligations of the utility having a lien on that net revenue. As used here, 'het
revenue" means gross revenue minus expenses of maintenance and operations. The
DEPARTMENT grants the LOCAL GOVERNMENT the right to issue future bonds and notes
that constitute a lien and charge on net revenue superior to the lien and charge of this loan
agreement.
Please choose and initial one of the following utility systems:
❑ Water
❑ Sanitary Sewer (Wastewater)
❑ Stormwater
❑ Water/Sanitary Sewer
❑ Stormwater/Sanitary Sewer
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its
obligations under this agreement.
4.10 Recordkeepinq and Access to Records
The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require.
Such records will include information pertinent to work undertaken as part of the project,
including demonstration of compliance with the terms and provisions of this agreement and all
applicable state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain
these records for a period of three years from the date of project completion.
The DEPARTMENT and duly authorized officials of the state shall have full access and the
right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books
Page 6
PWTF 1995 Construction Loan Agreement
Printed 4/21/95
of the LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL
GOVERNMENT may contract, involving transactions related to this project and this agreement.
4.11 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the
BOARD may require, shall furnish the DEPARTMENT with such periodic reports as it may
request pertaining to the activities undertaken pursuant to this agreement including, but not
limited to, quarterly progress reports, the Close -Out Report, and any other matters covered by
this agreement. Failure to file periodic reports as requested may result in termination of this
agreement as per Section 4.16.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the
DEPARTMENT, the BOARD, and the state of Washington from and against any and all claims,
costs, damages, expenses, or liability for any or all injuries to persons or tangible property,
arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or
subcontractors, or any employees or agents of either in the performance of this agreement,
however caused. In the case of negligence of both the DEPARTMENT and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of
negligence attributable to each party.
4.13 Amendments, Modifications, and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL
GOVERNMENT may request an amendment of this agreement for the purpose of modifying
the SCOPE OF WORK or for extending the time of performance as provided for in Section
4.05. No modification or amendment resulting in an extension of time shall take effect until a
request in writing has been received and approved by the Board in accordance with Section
4.05. No amendment or modification shall take effect until approved in writing, by both the
DEPARTMENT and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may be waived unless approved by the DEPARTMENT in writing.
4.14 Disputes
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement that is not disposed of by this agreement shall be decided by a
panel consisting of a representative of the DEPARTMENT, a representative of the LOCAL
GOVERNMENT, and a representative of the BOARD. The panel shall reduce its decision to
writing and furnish a copy to all parties to the agreement. The decision of the panel shall be
final and conclusive.
This clause does not preclude the consideration of questions of law in connection with
decisions provided for in the preceding paragraph provided that nothing in this agreement shall
be construed as making final the decisions of any administrative official, representative, or
board on a question of law.
Page 7
PWTF 1995 Construction Loan Agreement
Printed 4/21/95
4.15 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use
the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK,
the DEPARTMENT may terminate the agreement in whole or in part at any time. The
DEPARTMENT shall promptly notify the LOCAL GOVERNMENT in writing of its determination
to terminate, the reason for such termination, and the effective date of the termination. Upon
termination of the loan agreement, the DEPARTMENT shall declare the entire remaining
balance of the loan, together with any interest accrued, immediately due and payable.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of any
suit between the parties arising out of this agreement shall be the Superior Court of Thurston
County, Washington The prevailing party is entitled to recover costs in accordance with
Washington State Law (Chapter 4.84 RCW).
4.17 Severability
If any provision under this agreement or its application to any person or circumstances is held
invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the
agreement which can be given effect without the invalid provision.
4.18 Project Completion
The DEPARTMENT will require and notify the LOCAL GOVERNMENT to initiate a Close-out
Report when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed.
In the report, the LOCAL GOVERNMENT will provide the following information to the
DEPARTMENT:
A description of the actual work performed, in addition to a certified statement of the
actual dollar amounts spent, from all fund sources, in completing the project as
described.
2. Certification that all costs associated with the project have been incurred. Costs are
incurred when goods and services are received and/or contract work is performed.
3. Copies of the approved closure reports from the Department of Revenue and the
Department of Labor & Industries, certifying that all sales taxes have been paid and
appropriate industrial insurance and prevailing wages have been paid.
4.19 Project Close-out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit,
together with the Close-out Report, a request for a sum not to exceed the final ten percent
Page 8
PWTF 1995 Construction Loan Agreement
Printed 4/21/95
(10%) of the loan amount. This disbursement shall not occur prior to the completion of all
project activities and clearance of all Close-out documents from the Department of Revenue
and the Department of Labor & Industries. The LOCAL GOVERNMENT shall be responsible
to ensure compliance with the Department of Revenue and the Department of Labor &
Industries requirements by their contractor(s).
4.20 Audit
Audits of the LOCAL GOVERNMENTS project activities may be conducted by the Municipal
Division of the State Auditor's Office in accordance with state law and any guidelines the
DEPARTMENT may prescribe. Payment for the audit shall be made by the LOCAL
GOVERNMENT.
4.21 Project Signs
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or
markers identifying those agencies participating financially in the approved project, the sign or
marker must identify the Washington State Public Works Trust Fund as a participant in the
project.
4.22 Utilization of Minority and Women Business Enterprises (MWBE)
The LOCAL GOVERNMENT is encouraged to utilize business firms that are certified as
minority-owned and/or women -owned in carrying out the purposes of this loan agreement.
LOCAL GOVERNMENTS may set their own utilization standards, based upon local conditions,
or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041.
4.23 Nondiscrimination Provision
There shall not be discrimination against any employee who is paid by the funds indicated in
the contract or against any applicant for such employment because of race, color, sex, age, or
national origin. This provision shall include, but not be limited to, the following: employment,
upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates or pay or
other forms of compensation and selection for training. This section shall be construed to
pertain to the Americans with Disabilities Act of 1990 (Public Law 101-336), which provides
comprehensive civil rights protection in the areas of employment, public accommodation, state
and local government services, and telecommunications to individuals with disabilities.
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PWTF 1995 Construction Loan Agreement
Printed 4/21/95
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws,
requirements, and ordinances as they pertain to the design, implementation, and
administration of the approved project. Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding
competitive bidding requirements for projects assisted in whole or in part with money from the
Public Works Trust Fund program.
5.02 WAC 399-30-030(3)
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies
eligible costs for projects assisted with Public Works Trust Fund loans.
Page 10
PWTF 1995 Construction Loan Agreement
Printed 4/21/95
ATTACHMENT 1: SCOPE OF WORK
PW -5-95-791-052
Yakima
(Jurisdiction)
Fair Avenue Improvement
(Project Title)
1. Provide a clear description of the project to be financed in part by a Public Works
Trust Fund loan. (Attach additional sheets if necessary):
See Attached
2. The term of this loan will be based on an engineer's certification of the expected
useful life ofthe improvements, as stated below, or 20 years, whichever is less. If
the local government prefers the term of its loan to be less than either 20 years or
the useful life of the improvements, the preferred loan term should be
indicated: 2_ a years.
3. I, 4,----X7> • ,, licensed engineer, certify
that the average expected useful life3for the improvements described above
is Z.0 years,
Signed:
Date: j-1-.� ?1 195
Telephone: (.5 c 9) S S („ C i-7
PW -5-95-791-052
NEIGHBORHOOD REINVESTMENT CATEGORY
Fair Avenue Improvement
Scope of Work
The scope of work for this loan application is a portion of an overall
improvement/reconstruction to one of Yakima's main intersections with 1-82 and
extensions and improvements to existing major arterials. The project also consists of
construction of Interstate bridges and underpasses. The street construction is divided
into two components. They are identified as the "Gateway Project" and the "Fair Avenue
Extension". These two projects are contiguous.
A combination of City, County, Private, and State financing has been arranged for all but
the utility work on the Gateway Project. To date, no financing other than City has been
arranged for the Fair Avenue Extension Project.
The Scope of Work for which financial assistance from this loan program is intended
consists of construction of the following approximate quantities:
Gateway Project
Domestic Water:
5,500 lineal feet of new 12" water main with appurtenances.
One (1) Interstate undercrossing with a 12" water main.
Wastewater:
2,800 lineal feet of new 10" sewer main.
310 lineal feet of new 12" sewer main.
Removal/abandonment of one lift station.
Fair Avenue Extension
Domestic Water:
1,500 If. of replacement 12" water main with appurtenances.
Wastewater:
3,800 lineal feet of replacement (upsizing) 12" sewer main.
Reconstruction of one lift station.
350 lineal feet of pressure discharge sewer main.
Street:
1,900 If of reconstructed three lane paved street, with sidewalk along one side and curbs
along both side, street striping, illumination, and necessary traffic control. Project
shall also consist of repair/replacement of storm drainage and irrigation lines. For a
more detailed quantity take off see section four (4) of the included Value Engineering
Study.
Scope of Work
1995 PWTF
April 3, 1995
Scope of Work
Page Two
PW -5-95-791-052
Estimated Project Costs:
Repair or Expansion
Replacement or Growth
Preliminary Engineer Report $30,306 $
Design Engineering 121,224
Land/R-O-W Acquisition 0
Sales or Use Taxes (7.9%) 119,709
Total
$30,306
121,224
0
119,709
Other Fees (Admininstration) 75,765 75,765
Construction Inspection 181,836 181,836
Start-up Costs 0 0
Financing Costs 15,153 15,153
Contingency ( 5 _%) 75,765 75,765
Construction 1- 515 300 1,515300
TOTAL ESTIMATED COSTS $2,135,058 $ $2,135,058
Anticipated Fund Sources:
A. Federal Grants
State Grants
B. Locally Generated Revenue $
General Funds $
Capital Reserves $338,200
Other Fund 1/2 gas tax $796,858
Rates $
Assessments $
(LID, RID, ULID)
Special Levies $
Federal Loan(s) from: (identify all)
State Loan(s) from: (identify all)
Other: identify sources)
TOTAL LOCAL REVENUE
C. PUBLIC WORKS TRUST FUND LOAN
C'195ScopesWttachl .DOT
0
$ 0
$ 1,135,058
$ 1,000,000
P W-5.95-791-052
PWTF LOAN BUDGET
Fair Avenue Utility and Street Reconstruction
GATEWAY PROJECT
subtotal ` `
FAIR AVENUE EXTENSION subtotal
TOTAL
1
Domestic
Wastewater
Wastewater
Lift Stations
Gateway Street
Project 'l::.:Reconstructio
Utilities'.:
''`
Domestic
Water
""
Wastewater 1 Wastewater
Collection 1 Lift Stations
�
"' -•
Fair Ave. ,,
South ;.
Extension
this LOAN
implication
-"
i
Water
Collection
___._..... ._ ...
""
"
`"
Preliminary Eng. Report 2% 16,400
25,600
2,300
400
9,100i%.
14,306
1,500
4,7001
700
21,206'`"
30,306
121,224
0
119,709
esign Engineering 8%
9,200
1,60036,400!'
'.
57,224
6,000
18,8001
2,800
84,824
0
Land/R-O-W Acquisition
0;`'.'
Sales Tax 7.9% i
25,280
9,085
1,580
35,945'*:.'.
56,509
5,925
18.5651
2,765
83,764
Other Fees - Admin. 5%
16,000
5,750
1,000
22,750;:`:;
35,765
3,750
11,750
28,200
1,750
4,200
53,015 '
127,236.'.
75,765
I' 'Ction 12%
38,400
13,800
2,400
0;
54,600:;`.:
or .
85,836
0
9,000,
0'
181,836
up Costs 0%
0
0
0,
0
0 ->
0
15,153
Financln Costs 1% i
3,200
1,150
200
4,550..''
7,153
750 2,350;
350
10,603
Contingency 5% ;
16.000
5,750
1,000
22,750
35,765
3,750
11,750#:
235,0001
1,750
53,015 .
75,765
1,515,300
Construction
320,000
115,000
20,000
455,000;;...
715,300
75,000
35,000
1,060,300 '
TOTAL
450,880
162,035
28,180
641,095`..
1,007,858
105,675
331,1151
49,315
1,493,963
2,135,058
**PROJECT ELEMENTS TO BE FUNDED BY PWTF LOAN
I
TOTAL Project
_
-
•
•46.84%
PWTF Loan I
1,000,000
of
2,135,058
Local Share
1,135.058
53.16%
of
2,135,058
4/3/95
Scope of Work
Page 3
PW -5-95-791-052
Calculating Local Percentage: (Note: Please exclude any expansion/growth costs before
calculating the local percentage.)
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue
The local contribution must be at least:
Local Loan Percentage 53.16%
Ten percent (10%) for a loan interest rate of 3%
Twenty percent (20%) for a loan interest rate of 2%
Thirty percent (30%) for a loan interest rate of 1%
C:\95ScopesAttachl.DOT
1,
Public Works Trust Fund
ATTACHMENT II: ATTORNEY'S CERTIFICATION
, hereby certify:
I am an attomey at law admitted to practice in the State of Washington and the duly appointed
attomey of the ti. f
(the LOCAL GOVERNMENT); and
I have also examined any and all documents and records which are pertinent to the loan
agreement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The LOCAL GOVERNMENT is a public body, properly constituted and operating under
the laws of the State of Washington, empowered to receive and expend federal, state and
local funds, to contract with the State of Washington, and to receive and expend the
funds involved to accomplish the objectives set forth in their application.
2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund
financial assistance and to provide for repayment of the loan as set forth in the loan
agreement.
3., There is currently no litigation in existence seeking to enjoin the commencement or
completion of the above-described public facilities project or to enjoin the LOCAL
GOVERNMENT from repaying the Public Works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party
to litigation which will materially affect its ability to repay such loan on the terms contained
in the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the LOCAL GOVERNMENT.
Signature of Attorney
Name
4
Address
41/44
Date