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HomeMy WebLinkAboutR-1994-070 Publc Works Trust Fund• • • RESOLUTION NO R-94- 70 l A RESOLUTION authorizing the City Manager to sign all applications, loan agreements and amendments, and other documents relating to Public Works Trust Fund wastewater treatment facility planning, design, and construction. WHEREAS, the City of Yakima has developed a plan for wastewater collection, treatment, disposal for the Yakima Regional Urban Area, such plan being necessary to determine the needs of the area for health, safety and well being of the people; and WHEREAS, the plan is developed in accordance with the requirements of Public law 92-500 and 95-217, and has set forth facilities and systems required to be constructed, improved and rehabilitated to serve the needs of the area, and 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 wastewater financing programs, and WHEREAS, the cost of planning, design, and construction of the wastewater treatment 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 wastewater facility systems planning, design, and construction for the 1995 round Public Works Trust Fund loan program. ADOPTED THIS 7th day of June , 1994. ATTEST / ).c2J,..v— c vi-► c. CITY CLERK PWTF Resolution 6/3/94 CW (91Y MAYOR CITY OF YAKIMA 1995 PWTF LOAN APPLICATION WASTEWATER TREATMENT FACILITY REHABILITATION Office of City Manager CITY OF YAKIMA May 5, 1994 CITY HALL, YAKIMA, WASHINGTON 98901 Phone: (509) 575-6040 Mr. Pete A. But!:us Public Works Manager Washington State Public Works Trust Fund Department of Community Development 906 Columbia Street S.W. P.O. Box 48319 Olympia, WA 98504-8319 Dear Mr. Butkus: The City of Yakima is pleased to submit to you the accompanying application for a Washington State Public Works Trust Fund loan. This loan application requests $3,500,000 which will be utilized to assist financing of replacement, rehabilitation, and improvements of existing Wastewater Treatment Plant facilities. These activities are made necessary by age of equipment, increased plant loading, and stricter governmental regulations. In 1992, Yakima Wastewater initiated a study of the facility's needs to adequately treat and handle the solids loading with respect to new Federal and State regulations. Due to the total cost and time requirements of a project to meet the overall plant needs, we chose to approach the work in several phases. During the 1993 PWTF loan cycle, we were successful in obtaining financial assistance from your organization for Phase One. This work is well underway, is on time, and under budget. With this application, we seek additional financial assistance to proceed with Phase Two of this necessary rehabilitation and improvement work. With your valued assistance,, the project outlined in this application will assist the City to provide necessary and adequate service to the public and the environment of the region. Very truly yours, R. A. Zais, Jr. City Manager enclosures: loan application documents Table 5A-2.01 Project Budget Phase Two 1995 Wastewater Treatment Facility Rehabilitation Project Roadworks Shredders/ Total Di star Grit Grease Removal Storage Building Non -potable water supply Cl2 solution supply Total Next Year Total Phase Two ' Barscreens VFD's Immediate Improvements Removal Preliminary Eng. Report 2% 11,600 46.400 2,000 8,000 13,600 54,400 ' :. 40,000 160,000 8,000 32,000 4,000 16,000 5,120 20,480 5,600 22,400 1,200 4,800 63,920 255,680 77,520 310,080 Design Engineering 8% Land/R-O-W Acquisition 0 0 Sales Tax 7.9% 45,820 29,000 69,600 7,9_00 5,000 12,000 53,720, 34,000.. 81,600:•.:::i :: 158,000 100,000 31,600 20,000 15,800 10 000 24,000 2,000 2,000 10,000 200,000 20,224 12,800 30,720 2,560 2,560 12,800 256,000 22,120 14,000 33,600 2,800 2,800 14,000 280,000 4,740 3,000 7,200 600 600 3,000 60,000 252,484 159,800 383,520 31,960 31 960 159,800 3,196,000 306,204 193800 465,120 38,760 38,760 193,800 3,876,000 Other Fees - Admin 5% Inspection 12% :, .;::: . 240,000 20000 48,000 4 000 4,000 20,000 400,000 Start-up Costs 1% 5,800 1,000 6,800. Financing Costs 1% 5,800 29.000 560,000 1,000 5,000 100,000 6,800 34,000 680000..i, 20 000 100,000 2,000,000 Contingency 5% Construction TOTAL 823,020 141,900 964,920;:; 2,838,000 567,600 283.800 363,264 397.320 85,140 4,535,124 5,500,044 Immediate PWTF Loan 675,444 at 0.70 of 964,920 Local Share 289,476 at 0.30 of 964,920 Next Year PWTF Loan 3,174,587 at 0.70 of 4,535,124 Local Share 1,360,537 at 0.30 of 4,535,124 Phase Two PWTF Loan 3,500,000 63.64% 36.36% of of 5,500,044 5,500,044 Local Share 2.000,044 SHEET 8B-3.01 Scope of Work 3.01 Question: Provide a Scope of Work for the proposed project in quantified terms - how much and which system elements are you prcposing to repair or replace. If any of the project activities proposed are an expansion of your present system, identify these activities and explain whether they are necessary to serve the current population. Response: The Basic Scope of Work for which the City of Yakima seeks financial assistance by the submittal of this application is outlined in question 4.01 Proj,eci_ Need as Phase -Two Elements. Phase -Two Elements consist of: 1) Barscreens at the Headworks: A) Replace existing barscreens with two new high rise barscreens, one in each of the two existing influent channels, of the configuration and size most appropriate to fit our existing channels. Each unit shall have a 20 million gallon per day capacity. B) Construct building to house barscreen installation with appropriiate power, controls, lighting, ventilation, and connection to the odor control system. C) Reconstruct existing screenings building to accommodate the operation of either: (1) a discharge hopper sized to hold approximately five cubic yards of screening material or, (2) a compactor with bagging capability. Either system will facilitate removal of screenings to a landfill. 8B-3.01 Page 1 1995 PWTF May 6, 1994 2a) Grinders/Shredders: A) Install grinders/shredders of the appropriate size (4"-8") for our loading on feed lines to the centrifuges (2), on the sludge feed to the digesters (1), and on the digester sludge recirculation lines (3). For a total of six (6) units. Installation shall include slight piping modifications and necessary power, control, and monitoring capability. 2b) Variable Frequency Drives (VFD) A) Improve the speed control of the existing 15 horse power centrifuge feed pumps by installation of a Variable Frequency Drive (VFD) with remote speed control on each of the two units. B) Connect speed control to existing computer control and monitoring system. 3a) Primary Digester Rehabilitation: A) Structural evaluation of existing structures. (At minimum) a) Rehabilitation/replacement of roof on one unit. b) Rehabilitation of insulation and protective coating on all tanks. B) Digester Mixing a) Analysis of best method to mix digesters. b) Removal of existing outdated, unused system. c) Installation of equipment of the type and capacity found by the analysis to be most effective and efficient in each of three primary digesters. C, D) Feed and Valving Rehabilitation: a) An evaluation of piping, flow schemes, and valving will be conducted to maximize the use of available equipment and facilities. b) Removal/replacement of existing misapplied and nonfunctional piping and valves (approximately 25 units). c) Installation of new sludge distribution piping with valves and vaults to allow flexibility of operations of system and maintenance. 8B-3.01 Page 2 1995 PWTF May 6, 1994 E) Capacity Improvements: (Depending on the finding of the structural and foundation analysis) If favorable: a) Removal of existing roofs. b) Extension to top of existing walls of proper material. Preliminary recommendation is to add 12 feet to the height of the two smaller (40 ft. diameter, 300,000 gallon) tanks and acid 4 feet to the height of the single larger (70 ft. diameter, 1,000,000 gallon) tank. This construction would increase plant's primary digester capacity by 400,000 gallons (25%). c) Construction of new roofs. 3b) Secondary Digester Rehabilitation: (Depending on the finding of the structural and foundation analysis) A) Structural: One of the three tanks has significant: methane gas Teaks which will require complete roof removal and replacement. E3) Operational: a) An evaluation of piping, flow schemes, and valving will be conducted to maximize the use of available equipment and facilities. b) Removal/replacement of existing misapplied and nonfunctional piping and valves. c) Installation of new sludge distribution piping with valves and vaults to allow flexibility of operations of system and maintenance. 4) Grit Removal System: A) This element will replace the entire existing Grit Removal system. A new system will be installed which will consist of two degritter units (one in each influent channel) of the appropriate size for the plant flow, and all necessary piping, pumps, classifier equipment, storage hopper, ventilation, and electrical power, control, and monitorings equipment. Each degritter unit will have a capacity of approximately 20 million gallons per day. 8B-3.01 Page 3 1995 PWTF May 6, 1994 5) Reconstruction of Primary Splitter Box: A) Reconstruction of the existing Primary Splitter structure. Replacement of concrete structure to contain new valves and metering capacity of appropriate size for our plant flows to each of four (4) existing primary clarifiers. Each meter shall have an approximately range of 0-10 million gallons per day. B) !nstallation of telescoping valves and skimmer system to collect and remove grease from re -configured structure. 6) Storage Building: A) Construction of approximately 10,000 sf storage /personnel building of the proper material and ancillary equipment (HVAC, fire suppression, etc.) to meet regulatory requirements pertaining to the material to be stored. B) Construction of a wash bay with capability to remove contaminants from the discharge water. 7) Non -potable (C-2) Water System: (A) Replacement of the existing C-2 water supply station. This component will entail replacement of the wet well, pumps, and filtration system with a new system adequate to supply pressurized water for all plant requirements. The required capacity of the system is estimated to be 4-5 mgd at 80 psi. (B) Improving the existing distribution system by a combination of reconstruction of the existing "bottle necks" and of construction of a parallel piping loop. Work shall consist of installation of piping and valving of the required size and configuration to provide adequate flow and pressure throughout the plant for all uses. (C) Activated Sludge Spray System. Installation of replacement piping around the entire perimeter (approximately 1,500 feet) of each of the activated sludge basins with spray nozzles, valving, and drainage capabilities. 8B-3.01 Page 4 1995 PWTF May 6, 1994 8) Chlorine (C12) solution s,, stem: A) Repair/replace Cl2 solution supply Tines from existing distribution building to plant areas were solution is required for operations. Three areas of primary application are: (1) Secondary Clarifiers and Activated Sludge, (2) Heaidworks, and (3) Trickling Filter Area. B) Install appropriate valves and booster pumps as necessary to insure adequate quantity and pressure. 8B-3.01 Page 5 1995 PWTF May 6, 1994 SHEET 10A-4.01 (a), (b), (c) Project Need 4.01 This section of the application is your opportunity to tell us your story describing the need to proceed with the proposed project. Provide enough detail to describe the seriousness of the public works problem you are proposing to solve and the benefit you wish to achieve with this project. The need for the project described here should be addressed by the project's Scope of Work, question/response 3.01. Ojjestions: a) Describe the seriousness of the public works problem you are proposing to solve. b) Describe how and to what extent or degree this project will benefit this public works system. (c) Will the Scope of Work fully address all of the project needs as described in 4.01 (a) and (b) above?. NO see response below. Response: (a) and (b) In late 1985, the Washington State Department of Ecology issued Compliance Order number DE 85-834 which states; "The City of Yakima Wastewater Treatment Facility is in violation of condition S10 of their NPDES permit Number WA - 002402 -3 regarding prevention of facility hydraulic overloading." Consequently, in 1985, the City of Yakima initiated a major study of its wastewater facilities and needs. This plan provided for the continued economical and reliable service to Yakima City customers and to enable the facilities to handle loading from non-sewered existing residential areas. This task was completed and in 1988 the Yakima City Council adopted the Comprehensive Plan for Sewerage System. Many of the deficiencies identified in the Plan have been corrected by a recently completed major construction project. This project was partially financed and made possible by a greatly appreciated 1988 PWTF loan. However, due to construction and financial constraints, we were not able to complete all tasks 10A-4.01 (a) Page 1 1995 PWTF 5/6/94 required to remedy the plant's hydraulic deficiencies in the latest construction. Historically, the primary focus of attention for wastewater treatment has been effluent water quality. There are, two additional byproducts from the treatment process which are demanding increased attention; Biosolids (sludge) and aerosol emissions. Regulations are beginning to require additional control of aerosols. In addition, regulations and public acceptance of the most economical method of biosolids disposal (recycling through agricultural land application) demand that this product be adequately and properly treated and kept as aesthetically acceptable as possible. Due to our concern of maintaining regulatory approval and public acceptance of our biosolids product, Yakima and their consultant completed the 1992 Biosolids Management Plan. This plan outlines the Facility's needs to adequately treat and handle the solids loading with respect to Federal regulations (EPA 503), and State Regulations (WAC 173-304), in relation to marginal performance from existing processes. This plan identified several plant process improvements which were required to insure a viable and recyclable biosolids product. In 1992, Yakima revisited the findings of the 1988 Comprehensivg Plan and with a consultant prepared a Technical Memorandum o Future Construction Pro"e This memorandum identified tasks remaining to fulfill regulatory requirements understood at that time. Due to the high cost and sophistication of design required to complete all elements identified, we chose to approach this total project in several phases. Phase One consists of the design and construction of those project elements found to be of highest priority due to regulations and plant overloading or replacement needs. Phase One also included the Engineering studies, predesign and update of the Facilities Plan required to proceed with design and construction of the remaining elements. During the 1993 PWTF loan cycle, the City applied for financial assistance from PWTF for Phase One of this project. We are very 10A-4.01 (a) Page 2 1995 PWTF 5/6/94 grateful for the success of that application request. Construction of the Phase One elements are well underway, under budget, and on schedule. This loan application seeks aid in financing for the design and construction of those elements which were identified by the Phase One reports and studies as the next most urgent priority due to regulatory requirements, plant capacity, and continued reliability of plant operations. These tasks are identified herein as Phase Two. Phase Two Elements: Identified by City's consultants and plant staff and researched within the aforementioned studies and reports consist of: 1) Headworks Barscreens One of the foremost recommendations of the Biosolids Management Plan for rehabilitation to the existing plant was for the installation of more reliable and efficient automatic barscreens located in the treatment facility's two (2) influent channels. This installation will help insure the removal of extraneous plastics and non - biodegradable materials which contaminate biosolids and make marketing difficult. In addition, the existing barscreens were manufactured by a company which is no longer in business; therefore, replacement parts, service, and technical support are non-existent. This project is of the utmost importance to the proper operation of the facility. Odor control ducts will also be extended to this area and connected to the existing air scrubber system in our long term plan to reduce facility odors and neighborhood complaints. 2a) Biosolids Shredders Improvement to the agricultural utilization quality of biosolids by grinding up plastics and other materials that slip past the bar screen before delivery to agricultural lands was another strong recommendation of the Biosolids Management Plan. The City and their consultant recommend a shredder be installed on the solids stream from the primary clarifiers, prior to dewatering at the centrifuge, and in the digester recirculation piping. Shredding the solid stream prior to introduction into the centrifuge will also lengthen the operating life of the dewatering device. Considering 10A-4.01 (a) Page 3 1995 PWTF 5/6/94 the Targe capital investment in the centrifuge equipment, this installation should prove very cost effective. 2b) Variable Frequency Drivess'VFDs) During recent construction, a new high rate centrifuge and feed pump were installed to compliment the unit installed in 1978. It has become apparent that the operational efficiency and safety of both the new and original equipment would be greatly increased by the installation of VFDs to control the speed of the feed pumps. • Due to the importance of cleaning the Biosolids:, which will maintain and improve product marketability, and the fact that Phase One construction is being constructed under budget, the City willl soon request that the Scope o.LWork for Phase One be amended tg include the above three elements. If this request is unsuccessful, we then request these elements be first priority under this Phase Two application. 3) Digester Rehabilitatip_nn A) Structural, The plant currently has three primary and three secondary digesters. Two of the primaries were constructed in 1965 and the third in 1978. These structures require rehabilitation and repairs to ensure structural integrity, enhance energy efficiency, and ensure containment of methane gas. The roofs on the older tanks contain numerous cracks which allow methane to escape into the atmosphere. Not only is this a pollution problem but the methane is a usable energy source. It is recommended that at a minimum we repair, insulate, and paint the primary digester roofs. The secondary digesters were constructed in 11936 and have been in use continuously. These tanks must be evaluated as to their structural soundness. The roof of secondary Digester #2 shows possible structural failure. This tank may require demolition. B) Digester Mixing The existing mixing system in the primary digesters was installed in 1978. This system was shut-off several years ago because of ineffectiveness and high energy consumption without significant impact on sludge digestion or methane gas production. However, new regulations require improved mixing to improve volatile solids 10A-4.01 (a) Page 4 1995 PWTF 5/6/94 reduction and improve pathogenic bacteria destruction. Mixing is also important as it increases the usable capacity of the existing digesters thereby decreasing the amount of digesters required. Alternative methods of digester mixing which may improve digester efficiency include horizontal propeller systems, vertical blade systems, or modern gas mixing systems. C) Direct Primary Digester Feed Piping revisions need to be made to pump directly from the primary clarifiers to the digesters and avoid the use of an outdated flow distribution structure. This task will prevent the air locking and cavitation which currently disrupts the pumping and recycling of solids through the digestion system. The existing system also exposes the raw sludge to the open air. This allows release of odorous gases including methane to the atmosphere which is a source of pollution and also a reusable energy source. D) Digester Valve Replacement Existing buried valves installed in the late 1970's for the digester recirculation system (now in service) were misapplied. This piping and valving system is utilized as an integral part of the existing digester mixing system. Actuators are in need of replacement. The valves are currently buried and cannot be accessed without excavation. A valve vault should be installed at the time actuators are replaced. Actuators should be made accessible from above ground. E) Digester Capacity Improvement Currently, at peak loadings, digester retention times are less than that required by Department of Ecology design criteria to thoroughly stabilize the sludge and to create biosolids which meet Federal and State regulations. If the structural evaluation allows, the most economical method to obtain the capacity required by DOE design criteria would be to increase the wall height of the existing digesters. If the structures are found not suitable for height increase, a new digester will be required. Financing a new digester is not considered in this application due to the cost. 4) Grit Removal System Rehabilitation: The existing grit removal system (degritters) constructed in 1978 have been found to be inadequate in their intended use. Grit removal systems should be capable of removing 70-85% of all inorganic 10A-4.01 (a) Page 5 1995 PWTF 5/6/94 matter (sand, gravel) entering the raw sewage flow. Staff has determined that our current system removes only 20-30% of the inorganic matter. This non -removed portion causes considerable unnecessary wear on downstream equipment and fills up valuable digester and clarifier volume. 5) Primary Splitter Box: Plant operations have two concerns with this structure which was built in 1936. A) The configuration of the existing structure is such that it is difficult to equalize the flow and impossible to equalize the solids loading to all of the Primary clarifiers. Unequal loading yields unequal performance, therefore, making it impossible to operate this portion of the treatment process at peak efficiency and effectiveness. This situation causes unnecessary staff time and increases the demand on the downstream (more expensive) processes. B) Yakima's raw sewage contains large amounts of fats, oils, and grease (FOG) of animal or vegetable origin, despite our attempts to reduce discharges from businesses through enforcement of the City's Pretreatment Ordinance. The primary flow diversion box, which diverts wastewater flow into the four primary clarifiers, acts as an unintentional grease collection device. This area is not designed for the removal of the grease which accumulates inside it. The existing structure must be modified through reconstruction to accommodate easy grease removal. 6) Storage Facility The existing plant site has limited storage areas for plant inventory. With changing and more restrictive State and Federal regulations for on-site material storage (flammable, pesticide, herbicide, paint, grease, gas, oil,) and with the need to establish better control of parts, equipment, and inventory, a new personnel/storage facility should be constructed on-site. This project is an important ancillary facet of the City's larger automated maintenance management system presently being implemented. In addition to meeting those needs described above, the facility would include a cleaning bay for high-pressure washing of vehicles. This bay shall include an oil/water separator to allow staff to keep 10A-4.01 (a) Page 6 1995 PWTF 5/6/94 contaminants out of the treatment process. Total square footage in the facility would be approximately 10,000 square feet. 7) Non -potable Water System Non -potable (C-2) water is treated plant effluent. The plant currently diverts a small portion of our effluent to a pumping and distribution system which provides pressurized water for equipment cooling and lubrication, activated sludge foam control, washdown, and site irrigation; all reducing the facilities need for expensive potable (C-1) water. C-2 water is, in essence, a recycled product. Existing operational demand exceeds the systems capacity and improvements are required to remedy this situation. 8) Chlorine Solution Distribution System: Chlorine Solution has many uses in the treatment facility from sanitizing washdowns to odor control. The existing system does not function properly due to age and deterioration of constituent elements. Rehabilitation of the system is recommended by both the City's consulting engineer and facility staff. (c) Future Phases: Our Engineering consultant °n conjunction with wastewater staff is currently preparing a Facility Plan Update. This document will address the plants needs to achieve Permit level treatment for present and future loadings. The major unknown in all planning efforts is what changes will be placed on effluent quality by future regulations. The following elements are already understood from previous studies as future plant requirements: 9) Additional Final Clarifier The Comprehensive Plan identified the need for additional final clarifier capacity to support reliable operation of the WWTP. At the present time, the two existing final clarifiers can provide for current wastewater treatment if both remain in service. With one of the existing final clarifiers out of service, the facility would be unable to meet the current NPDES permit conditions. This project 10A-4.01 (a) Page 7 1995 PWIF 5/6/94 must be completed in the next upgrade to meet NPDES permit requirements, and to provide process integrity in case of system breakdowns or scheduled maintenance. 10 Additional Primary Digester The City's recent Biosolids Management Plan and City Staff have identified a need to increase the existing digester capacity. Digesters are essential to achieve proper levels of solids stabilization and if adequate capacity is not available, will result in an unstable, odorous sludge product which can not be utilized for its intended purpose as agricultural fertilizer. A new (fourth) primary digester will provide adequate capacity to allow for operations flexibility, provide integrity of treatment when other unit(s) are out of service, and permit improved maintenance of the existing digesters. 11 Activated Sludge Labor:ma Expansion: The existing operations field laboratory for the activated sludge process is presently unable to accommodate the activities required to monitor the activated sludge process. Process testing', activated sludge microscopy, computer control and monitoring, field documentation and centrifuge operations testing are all performed in the present small space. Expansion of the field laboratory is recommended. 12) Co -Generation (With Heat Recovery) The digester gas (methane) is currently utilized for heating water at the plant boilers. Hot water is circulated throughout the plant for maintaining digester temperature, and providing hot-water heat to various structures (Administration Building, Garage/Office, Trickling Filter P.S., Chlorine Building, Dechlorination Building, etc.). Digester gas which exceeds the current boiler demands is burned -off as surplus at a waste gas burner. Preliminary studies conducted by the Washington State Energy Office (WSEO), indicate that with rehabilitation of the digesters, as outlined in section 6 above, much of the methane produced could be utilized to produce electricity through a Co -Generation Plant. The WSEO report indicates that more than 3,000,000 kWh of electricity per year could be produced. The electrical energy generated would be fed directly into the on- site power grid to reduce purchased power by approximately 60%. This represents an annual energy expense savings to our rate payers of over $107,000. 10A-4.01 (a) Page 8 1995 PWTF 5/6/94 A very useful byproduct of the electricity production is exhaust heat. The existing plant system would be modified to utilize this in lieu of the boilers to heat the water for heating the plant and digesters. Therefore, gas utilization will be multiple use with very little waste. Before design and construction of this facility proceeds, it is important that an energy audit of the existing gas system be performed. The energy audit will confirm the appropriate size of the co -generation facility. 13) Septage Facility. At the current time, in Yakima County, only the City of Yakima and Yakima County provide facilities for treatment of septage waste. Currently the vast majority of this product is going to the County's facility. Due to recent Federal regulations (EPA 503), the County is faced with modifications of unknown financial impact of their current septage handling facility at the Cheyne Landfill. ft appears possible that the county's ability to continue accepting the present volume may be in jeopardy. Consequently, it may be necessary that the City expand the current septage handling system at the Regional WWTP to handle the County's overflow. The Biosolids Management Study recommends the septage handling system be improved to accommodate current and anticipated septage volumes, strengths, and hauling practices. They also recommend improved screening/grinding of septage and that the septage flow be sent directly to the digesters to relieve the remainder of the plant from the impacts of this high strength loading. It is also recommended that a recreational vehicle holding tank disposal site be included at the Yakima facility. 14) Volatile Organic Compounds (VOC) Control: The Federal Clean Air Act may require significant improvements to the treatment facility to control and treat volatile organic compounds released to the air as a result of waste treatment processes. The places within the process most likely to produce such emissions are any point of turbulent flow (influent channels, clarifier launders), and the activated sludge aeration system. The potential for such emissions could require the facility to encase by constructing domes over and collect air from influent channels, weirs, launders, and aeration basins. The collected air stream may be treated at the existing odor control facilities if they were upgraded to handle and treat VOC emissions. 10A-4.01 (a) Page 9 1995 PWTF 5/6/94 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HDR ENGINEERING, INC FOR PROFESSIONAL SERVICES THE AGREEMENT dated December 23, 1993 by and between the CITY, City of Yakima, Washington and the ENGINEER, HDR ENGINEERING, INC., is hereby amended as set forth herein. WITNES SETH. WHEREAS, the City and the Engineer have entered into a contract for professional services related to upgrading the City's existing wastewater treatment facility , herein referred to as the "Project"; WHEREAS, the City has agreed to have the Engineer provide the services as described in the attached Contract Amendment No. 2; and WHEREAS, the agreement contains provisions in Section 1.6 of Exhibit A, for the City to negotiate the scope of the services during construction in connection with this Project; NOW THEREFORE, in consideration of the terms, conditions and covenants of performance contained or incorporated herein, the City and the Engineer agree that the Agreement shall be amended as follows: I. Pursuant to Section 1.6 of Exhibit A of the Agreement the following scope of services are hereby incorporated. 1.6. Construction Phase - Services During Construction During the Construction Phase ENGINEER shall: Yakima Contract Amendment No.2 May 28, 1996 IL 1.6.1. Consult with and advise CITY as set forth herein and as provided in the ENGINEER's General Conditions and Supplementary General Conditions as approved by the CITY for inclusion in the Standard Documents of the Construction Contract. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard Documents shall not be modified, except as ENGINEER may otherwise agree in writing. All of CITY's instructions to Contractor will be issued through ENGINEER who will have authority to act on behalf of CITY to the extent provided in said Standard Documents except as otherwise provided in writing, and herein modified. 1.6.2 Make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. CITY and ENGINEER have agreed that more extensive representation will be provided at the site as described in 1.6.12. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. ENGINEER will not be responsible for the construction means, methods, techniques, sequences, or procedures, or the safety precautions incident thereto. ENGINEER's efforts will be directed toward providing assurance for CITY that the completed project will conform to the requirements of the Contract Documents. During such visits and on the basis of ENGINEER'S on-site observations as an experienced and qualified design professional, ENGINEER will keep CITY informed of the progress of the work, will alert the CITY to reasonably observable defects and deficiencies in the work of the Contractor, and may disapprove or reject work as failing to conform to the Contract Documents. These services shall be performed with the same degree of care, skill, diligence, competency, and knowledge which is ordinarily exhibited and possessed by other professional in good standing in the same or similar field and community as ENGINEER. 1 6.3 May disapprove or reject Contractor's work while it is in progress if ENGINEER believes that such work will not produce a completed PROJECT that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the PROJECT as reflected in the Contract Documents. ENGINEER shall at all times have access to the work wherever it is in preparation or progress. Yakima Contract Amendment No.2 May 28, 1996 p:106539.035lgenerallcontract lamend.no2 1.6.4 Review and approve or take other appropriate action with respect to Shop Drawings, samples and other data which Contractor is required to submit, but only for conformance with design concept of the PROJECT and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety programs and precautions incident thereto 1 6.5 Evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor. 1 6.6 Have authority, as CITY's representative, to require special inspection or testing of the work and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents. 1.6.7 Act as initial interpreter of the requirements of the contract Documents and judge of the acceptability of the work thereunder and advise the CITY on all claims of CITY and Contractor relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. ENGINEER shall not be liable for the results of any such interpretations or advice rendered in good faith. These services shall be performed with the same degree of care, skill, diligence, competency, and knowledge which is ordinarily exhibited and possessed by other professionals in good standing in the same or similar field and community as ENGINEER. a. Prior to issuing any clarification, interpretation, or field order which will affect the Contract Price or Contract Time, ENGINEER shall obtain CITY's approval prior to issuing the written document. ENGINEER shall represent the CITY in all disputes with the Contractor and shall not render any decisions concerning disputes, claims or other matters which have not been reviewed and approved by the CITY. c. Change Orders shall be reviewed and approved by the CITY prior to the ENGINEER issuing them to the Contractor. 1.6.8 Based on ENGINEER's on-site observations as an experienced and qualified design professional and on ENGINEER's review of the Contractor's applications for payment and supporting data, ENGINEER will determine the amount owing to Contractor and recommend in writing payments to the Contractor in such amounts. Such recommendations of payment will constitute a representation to CITY, based on such Yakima Contract Amendment No.2 May 28, 1996 3 p:106539.0351 gen erall con tract l am end.n o2 observations and review, that the work has progressed to the point indicated and that, to the best of ENGINEER's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval), but by approving an application for payment, ENGINEER shall not be deemed to have represented that the ENGINEER has made any examination to determine how or for what purposes the Contractor has used the monies paid on account of the contract price. a. Prior to determining actual quantities and classifications of Unit Price Work or the estimated percentage of Lump Sum Work performed by the Contractor, Engineer shall review and receive CITY's approval of quantities, classifications or estimated percentage 1.6.9 Receive and review maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and tests and approvals of equipment which are to be provided by Contractor in accordance with the Contract Documents. Determine that their content complies with the requirements of the Contract Documents and transmit them to CITY with written comments. 1.6.10 Conduct a construction review to determine if the work is substantially complete and conduct a final construction review to determine if the completed work is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor and may give written notice to CITY and Contractor that the work is acceptable, subject to any conditions therein expressed. a. CITY shall review and approve Final Payment Application, Certificates of Occupancy, or Certificates of Substantial Completion prior to the ENGINEER issuing them. 1.6.11 Prepare a set of record drawings showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by Contractor to ENGINEER. Provide the CITY with an electronic copy (CADD disk) of all drawings. Complete the record drawings within three months of the date of receipt of the marked -up prints and other necessary data from the Contractor. Yakima Contract Amendment No.2 May 28, 1996 4 p:106539.0351genera[l canrractl amend.no2 1.6.12 Resident Project Representative 1.6.12.1 The CITY and ENGINEER agree that more extensive representation at the site shall be provided than is described under 1.6.2. ENGINEER shall provide one Resident Project Representative to assist ENGINEER in carrying out such responsibilities at the site. Resident Project Representative shall be on a full time basis. Full-time Resident Project Representative is generally defined as having a representative on-site when ENGINEER determines that significant work is in progress. 1.6.12.2 Resident Project Representative shall be selected, employed, and directed by ENGINEER, and ENGINEER shall be compensated as mutually agreed upon between the CITY and ENGINEER as set forth in the Agreement. The duties, responsibilities and limitations of authority of such Resident Project Representative shall be as described below. a. Resident Project Representative is ENGINEER's agent and shall act as directed by and under the supervision of ENGINEER. He shall confer with ENGINEER regarding his actions. His dealings in matters pertaining to the on-site Work will in general be only with ENGINEER and Contractor. His dealings with subcontractors will only be through or with the full knowledge of Contractor or his superintendent. He shall generally communicate with CITY only through or as directed by ENGINEER. b. Resident Project Representative shall: Yaldma Contract Amendment No.2 May 28, 1996 1. Review the progress schedule, schedule of Shop Drawing submission, schedule of values and other schedules prepared by Contractor and consult with ENGINEER concerning their acceptability 2. Attend preconstruction conferences. Arrange schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify in advance those expected to attend. Attend meetings and maintain copies of minutes thereof 3. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as CITY's liaison with Contractor when Contractor's operations affect CITY's on-site operations. 4. As requested by ENGINEER assist in obtaining from CITY additional details or information, when required at the job site for proper execution of the Work. 5. In the interest of preserving the proper channels of communication, advise ENGINEER of any direct communication between CITY and Contractor. 5 p:106539. 0351 gen era ll c on tra ct l a m end. n o2 Yakima Contract Amendment No.2 May 28, 1996 6. Receive and record date of receipt of Shop Drawings and samples which have been reviewed by ENGINEER. 7. Receive samples which are furnished at the site by Contractor for ENGINEER's review, and notify ENGINEER of their availability for examination. 8. Advise ENGINEER and Contractor or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been accepted by ENGINEER. 9. Conduct on-site observations of the Work in progress to assist ENGINEER in determining that the Project is proceeding in accordance with the Contract Documents and the completed Work will conform to the Contract Documents. 10. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; or has been damaged; or does not meet the requirements of any required inspections, tests or approvals and advise ENGINEER when he believes Work should be corrected or rejected, or should be uncovered for observation, or requires special testing or inspection. 11. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that Contractor maintains adequate records thereof, observe, record, and report to ENGINEER appropriate details relative to the test procedures and startups. 12. Accompany CITY and visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections, and report to ENGINEER. 13. Transmit to Contractor clarification and interpretation of the Contract Documents as issued by ENGINEER. 14. Consider and evaluate Contractor's suggestions for modifications in Drawings and Specifications and report them with recommendations to ENGINEER. 15 Maintain at the job site orderly files for correspondence; reports of job conferences; Shop Drawings and sample submissions; reproductions of original Contract Documents including all addenda, change orders, field orders, and additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports and other Project -related documents. 6 p:106539.0351 generallcontractl amend.no2 Yakima Contract Amendment No.2 May 28, 1996 16. Keep a daily log, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of principal visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. 17. Record names, addresses and telephone numbers of all contractors, subcontractors and major suppliers of equipment and materials. 18. Advise ENGINEER whenever Contractor is not currently maintaining an up-to-date copy of Record Drawings at the site. 19. Furnish ENGINEER bi-weekly reports of progress of the Work and of Contractor's compliance with the approved progress schedule, schedule of Shop Drawing submissions and other schedules. 20. Consult with ENGINEER before scheduled major tests, inspections, or start of important phases of the Work. 21. Payment Requisitions: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site. 22. Guarantees, Certificates, Operating and Maintenance Manuals: During the course of the Work, verify that guarantees, certificates, Operation and Maintenance manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed; and deliver these data to ENGINEER for his review and forwarding to CITY prior to final acceptance of the Work. 23. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring correction. 24. Conduct final inspection in the company of ENGINEER, CITY, and Contractor and prepare a final list of items to be corrected. 25. Verify that all items on final list have been corrected and make recommendations to ENGINEER concerning acceptance. 26. Except upon written instructions of ENGINEER, Resident Project Representative. a) Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. b) Shall not undertake any of the responsibilities of Contractor, Subcontractor, or Contractor's superintendent. c) Shall not expedite Work for the Contractor. d) Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 7 p:106539.0351general icontract lanendno2 1.6.12.3 e) Shall not advise on, issue directions, or enforce any regulation as to safety precautions and programs in connection with the Work. fj Shall not authorize CITY to occupy the Project in whole or in part. g) Shall not participate in specialised field or laboratory tests or inspections conducted by others. h) Shall not assist Contractor in maintaining up-to-date copy of Drawings. Through the observations by such Resident Project Representative, ENGINEER shall endeavor to provide further protection for the CITY against defects and deficiencies in the work, but the furnishing of such Resident Project Representative shall not modify the rights, responsibilities or obligations of ENGINEER as described in the Agreement. II. EXHIBIT B - PAYMENTS TO ENGINEER The payments to the Engineer remains unchanged. III. The terms, conditions, and covenants of performance set forth in the Agreement are amended as specifically set forth in this Amendment No. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective authorized offices or representatives as of the day and year written below. CITY OF YAKIMA HDR Engineering, Inc. By: By: R.A. Zais, Jrrty Manager Date: Yakima Contract Amendment No.2 May 28, 1996 8 lin E. Koch, Vice President p:106539.0351genera1 contractlamend.no2 BUSINESS -QF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13 For Meeting Of 6/7/94 ITEM TITLE: •1995 Public Works Trust Fund Loan Applications Summary Status SUBMITTED BY: Denny Covell, Director of Engineering and Utilities Chris Waarvick, Wastewater Superintendent Doug Mayo, Project Engineer CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: The Wastewater Division has recently prepared and submitted three (3) separate loan applications to the State of Washington Public Works Trust Fund (PWTF) program for 1995. We believe this low-interest, streamlined program to be one of the principal options for infrastructure financing available to the City. While the loans must be paid back, they are at very low interest, do not accrue against debt service coverage factors on the City's bonding capacity, and have substantially less front-end engineering and legal requirements (which would add, of course, to the overall cost). In a broad sense, a 20 year, 1% loan may be a nore favorable financing arrangement than a 50% grant. These three applications require City contributions to the projects, but the above stated benefits remain applicable. City Council is respectfully requested to ratify. by resolution, the three (3) applications submitted under the Citv Manager's signature, The due date of the applications was May 6, 1994. Normally, it is this Division's practice to place these applications before City Council with a resolution indicating Council consent. However, work on the applications was performed up to the due date because of the volume of information needed to complete the documentation. PWTF staff will evaluate the applications submitted from all over the State and pass their recommendations along to the legislature for approval in the capital budget in the Spring of 1995. • (...continued...) Resolutions „X Ordinance Contract , X Other (Specify) Loan Aopiication Summaries Funding Source System Revenues from Water. Sewer. and Streets City Manager APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: approve the (3) attached resolutions ratifying the submittal of (3) PWTF loan applications for water, wastewater and transportation improvements. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-94-69, R-94-70, and R-94-71 The applications were submitted covering three broad topics: 1. Wastewater treatmentfacility rehabilitai n-$3,500,000 loan in a $5,500,044 total project scope. Loan repayment will be from wastewater system revenues. 2. Collection system improvements aimed at assisting low-income, contaminated groundwater areas within City limits in constructing local sewers to be joined to the general sewer system -$209,367 loan in a $299,095 total 1995 project scope. Loan repayment may be from wastewater system general revenues, local improvement benefactors, or a combination of both. 3. - ii - _ ' ' 4 „ .. -1, - , - . - . . - -, - =14.• in the area impacted by the Gateway Project (Yakima Avenue and 1-82) through the newly designated PWTF category of Neighborhood Reinvestment -$1,000,000 loan in a $2,135,058 total project scope. In March of this year, the City of Yakima was informed that its application for designation as a Community Empowerment Zone (formerly Neighborhood Reinvestment Area) was approved. Loan repayment will be from water and sewer system revenues and arterial street funds. Submittal of application in no way obligates the City to accept any loan offered or to proceed with the project, Memorandum To Ray Paolella, City Attorney From: � Deputy el nn Skouald De ut Cit CI y y Date: October 5, 1995 Subject: Apollo Sheet Metal, Inc. Agreement WWTF Mechanical Improvements -- Project No. 1713 GR Attached for your review is insurance information, performance and payment bond, the signed agreement and other documentation for this project. Please return them to our office for filing. /ms 00500 - 1 SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the Ltt ' day of October in the year 1995 by and between the CITY OF YAKIMA, WASHINGTON hereinafter called OWNER, and APOLLO SHEET METAL, INC. hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Regional Wastewater Treatment Facility (WWTF) Mechanical Improvements for the City of Yakima, Washington. CONTRACT IDENTIFICATION: Project No. 1713. Article 2. ENGINEER The Project has been designed by HDR Engineering, Inc., 500 108th Avenue NE #1200, Bellevue, Washington 98004, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1 The work will be substantially completed in accordance with Paragraph 14.8 of Section 00700 within 90 consecutive calendar days after the date when the Contract Times commence to run. All work will be completed and ready for final payment in accordance with Paragraph 14.13 of Section 00700 - General Conditions within 120 consecutive calendar days after the date when the Contract Times commence to nm. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of Section 00700 - General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS 00500 - 2 liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER in accordance with the formula LD = 0.15C/T where LD is the liquidated damages per working day (rounded to the nearest dollar), C is the original contract amount and T is the original time for completion. The CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after the time specified in Paragraph 3.1. above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.1 above for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after time specified in Paragraph 3.1 above for completion and readiness for final payment. Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the amount determined pursuant to Paragraph 4.1 through 4.5 below: 4.1 LUMP SUM BID PRICE: $337,755.00 4.2 LUMP SUM TRENCH EXCAVATION SAFETY SYSTEM $ 500.00 4.3 SUBTOTAL $338,255.00 4.4 Sales Tax (7.9%) Subtotal Price X 0.079 $ 26,722.15 4.5 Total Contract Price of Bid, including sales tax $364,977.15 All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of Section 00700 - General Conditions. Applications for Payment will be processed by ENGINEER as provided in Section 00700 - General Conditions. Applications for Payment consisting of three (3) pages (Contractor's Application and Certificate for Payment, Pages 1-3), identified in Section 00100 - Instructions to Bidders. CONTRACTOR shall submit signed partial release of lien from all Subcontractors and suppliers with second (2nd) and subsequent Applications for Payment for Work performed on previous Applications for Payment. 5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided in Paragraphs 5.1.1. and 5.1.2. below. All such payments will be based on an estimate of the work completed. YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS 00500 - 3 5.1.1. Prior to and upon substantial completion of the work, progress payments will be made in an amount equal to: 95 percent of the value of the work completed, and 95 percent of the value of the materials and equipment not incorporated in the work, but delivered and suitably stored, less in each case the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14.7 of Section 00700 - General Conditions. 5.1.2. Pursuant to RCW 60.28.010, retainage held pursuant to paragraph 5.1.1 above shall constitute a trust fund for the protection and payment of any person or persons, mechanic, subcontractor, or materialmen who performs any labor upon the Contract or Work hereunder, and all other persons who shall supply such person or persons or Subcontractors with provisions and supplies for carrying on such Work and of the State of Washington with respect to taxes imposed pursuant to Title 82 RCW which may be due from such Contractor. These retained funds shall be held and invested as provided in RCW 60.28.010 at the election of the Contractor. Such written election shall be included with the first request for a Progress payment. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.13 of Section 00700 - General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. Payment shall be made when CITY receives from Washington State Department of Revenue a certificate that all taxes, increases, and penalties have been paid in full pursuant to RCW 60.28.051. Article 6. INTEREST All moneys not paid when due as provided in Article 14 of Section 00700 - General Conditions shall bear interest as provided in RCW 39.76.010 and 39.76.020. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents (including the Addenda listed in Paragraph 8. below) and the other related data identified in the Bidding Documents. 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 7.4. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, and data concerning conditions (Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS 00500 - 4 methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, and all additional examinations, investigations, explorations, and data with the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Where conflicts, errors, ambiguities, or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price. 7.7 CONTRACTOR has not directly or indirectly induced or solicited any other to submit a false or sham Bid; CONTRACTOR has not solicited or induced any person, firm, or corporation to refrain from bidding; and CONTRACTOR has not sought by collusion to obtain for itself any advantage over any other or over OWNER. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following: 8.1. Section 00301 Bid Form 8.2. Section 00323 8.3. Section 00326 8.4. Section 00327 8.5. Section 00328 8.6. Section 00400 8.7. Section 00500 8.8. Section 00610 8.9. Section 00650 Construction Contractors Qualification Statement Executive Order 11246 Compliance Statement Nonsegregated Facilities Certification City of Yakima Regulations Notice of Award Agreement Performance and Payment Bond Notice to Proceed YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS 00500 - 5 8.10. Section 00700 General Conditions 8.11. Section 00805 Supplementary Conditions 8.12. Section 00822 Prevailing Wage Rates 8.13. General Requirements (Division 1) 8.14. Technical Specifications (Division 2 through 16) 8.15. Drawings, consisting of sheet numbers 1 through 1002 inclusive, with each sheet bearing the following general title: Yakima Regional Wastewater Treatment Facility, Mechanical Improvements. 8.16. Addendum number 1. 8.17 Documentation submitted by Contractor with bid. 8.18 Documentation submitted by Contractor prior to Notice of Award. 8.19 Any modification including Field Order, Change Order, Work Directive Change or accepted Change Proposal Request which may be delivered or issued after the Effective Date of the Agreement. The documents listed in Paragraphs 8.9 et seq. above comprise part of the Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraphs 3.5. and 3.6. of Section 00700 - General Conditions. Article 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of Section 00700 - General Conditions will have the meanings indicated in Section 00700 -General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS 00500 - 6 9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Article 10. GOVERNING LAW 10.1. This Contract shall be deemed entered into in Yakima County, Washington, and shall be governed by the laws of the State of Washington. 10.2. The venue for any legal action related to the Contract Documents shall be the Superior Court of the State of Washington for Yakima County. 10.3. The CONTRACTOR shall give such notices, file information, and pay taxes, deductions, and premiums as may be required by law and comply with all laws, ordinances, permit requirements, rules, and regulations pertaining to the conduct of the Work. The CONTRACTOR shall be liable for violations of same in connection with any portion of the Work provided by the CONTRACTOR and shall cooperate with all governmental entities regarding inspection of the Work in compliance with such requirements. If the CONTRACTOR observes that the portion of the Contract Documents is in conflict with any such laws, ordinances, permit requirements, rules, or regulations, CONTRACTOR shall promptly notify the ENGINEER in writing of such conflict. The OWNER will promptly review the matter and, if necessary, issue a Change Order or take any other action necessary to bring about compliance with the law, ordinance, permit requirement, rule, or regulation in question if it is the responsibility of the OWNER; otherwise, the CONTRACTOR shall ensure such compliance. The CONTRACTOR shall not perform Work known to be contrary to any laws, ordinances, permit requirements, rules, or regulations. 10.4. OWNER shall pay for and CONTRACTOR shall secure any required City Building Permit. All other permits and licenses from governmental agencies that are necessary for ensuring the prosecution of the Work shall be secured and paid for by the CONTRACTOR. Article 11. WAGE RATES 11.1 The most recently published provisions of the State of Washington Department of Labor and Industries Prevailing Wage Rates are made a part of this agreement as completely as if the same were fully set forth herein. YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS 00500 - 7 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 1995 (which is the Effective Date of the Agreement). A Corporation By rporation name) 1,,0 hff'1k .l (State of inco dija.51TiaL[SEAL) By ,I►. �f (Sign •'of person au horized to sign) and (Printed name) UltiZt A.1.2a42:r (SEAL) (Title) (Corporate Seal) Attest (secreitaiy) ! r Address: __LID1 \�' • O ' L�� .Ili Phone No.: 5oq-c5 V- I IV'"I If awarded a Contract, our Surety will be: CL3 Washington State CONTRACTOR License N ii,L (VT -LI (Surety Name) Address: Phone No.: YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS 00500 - 8 CITY OF YAKIMA ti - By: Title: City Manager CITY SEAL Attested: 2 ` e`re Address for giving notice: City of Yakima Wastewater Treatment Facility, Superintendent 2220 E. Viola Yakima, WA 98901 END OF SECTION YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS Construction Performance Bo...4 Bond #: 156910 Any singular reference to Contractor. Surety, Owner or other party shall be considered plural whereapplicable. CONTRACTOR (Name and Address): Apollo Sheet Metal, Inc. P. 0. Box 7287 Kennewick, WA 99336 OWNER (Name and /address): City of Yakima -- WastetratnX 129 N. 2nd Street Yakima, WA 98901 Project No. 1713 Division SURETY (Name and Principal Place of Business): American Home Assurance Company #3 Embarcadero Center, Suite 302 San Francisco, CA 94111 CONSTRUCTION CONTRACT Date; Amount: Three hundred sixty-four thousand nine hundred seventy-seven & 15/100 ($364,977.15) Description (Name and Location): Project #1713 Yakima Regional Wastewater Facility Mechanical Improvements BOND Date (Not earlier than Construction Contract Date): September 28, 1995 Amount: Three hundred sixty-four thousand nine hundred seventy-seven & 15/100 ($364,977.15) Modifications to this Bond Form: None CONTRACTOR AS PRINCIPAL Company: Apollo Sheet Metal, Inc.(Corp. Seal) Signature: ' i'l'� Name and Title: CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: rL-•Signature: Name and SURETY Company: American Home /, Assurance(Corp_ Seal) Company 'Vile: Kenneth J .'Frick Attorney -in -Fact (Corp. Scat) Signature: Name and Title: EJC))C No. 19111-2BA (1984 Eduiont Prepared through the joint etton:s of The Surety Association of America_ Engineers' Joint Contract becotteestts Committee. The Associated Generst comractori of Amerirs_ and the American institute of Architects, 1 1 The Contractor and the Surety. ry and fevcrally, band themselves. their hrtr1. eaegUlOrs• ?dmrrn3tr310r.., .11r4('510r7 and asSIgnt ILO the °whet' for the performance of the CO:ulnacuon Contract, which is mcorporatcd hcrern by refernnec. If the Coatracsnr perforins the Construction Contract_ enc Surety and the Contractor shall have no obligatlan under tins Band_ c:aceps to par - ;impale to conferences as provided in Subparagraph 3.1. 3. if there n no Owner Default. the Sureiy-s obligation under this Bond shall ante after: 3.1. The Owner has notified thc Contractor anti the Surety at its radderss — o„oribscd in paragraph to below that the Owner is considering declaring a Contractor Dcfault and has requested and attempted in arrange a conference with the Contractor and the 5urety to be held not tater than fifteen days after receipt of such notice to discuss rncthod$ of performing the Consiruetion Contract- if the Owner. the Contractor and the Surety agree. the Contractor shall be allowed a reasonable tome to perform the Constrooss9n Can - tract. bui-5ueh an agreement shall not waive the Owners neht. if any. subsequently to declare a Contractor Default: and 3.2. The Owner has 4ecl3red a Contractor Default and formally ten rnanated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety haat: received none; A. vided in Subparagregsh 3.1_ and 3 3 The Owner has agtcert to pay the Balance of the Contract Price to the Surety in accordance with the terms of the C:onstnactaon Contract or to a Caner rtor selected to perform the Construetien Contract in accordance with the terms of thc contract with the Owner - 4. When the Owner has Satisfied the conditions of Paragraph .3- the Surety shall promptly and at the Surety -S expense talcs one of the following actions: 4 1. Arrange for the Comnietor. with consent of the Owner. to !p;rfdrm and complete the Consiruelton Contract; or Undertake to perform and complete the Construction Contract ,esclf. through its agents or through independent contractors: or 4.3 Obtain bids or negottated proposals from qualified contractors acceptable to the Owner for a contract for performance and Com - pinion of the Construction Contract_ arrange for a contract td be prepared for enectluan by the Owner and the contactor selected with the Owner's concurrence, to be secured with perk/MR-nee and pay-rncnt bonds cleaned by a gµalilied surety equivalent to thc bonds issued on the Construction Contract_ and pay to the Owner the amount of damaecs as described in Pategzraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or J 4 Watvc 115 fight to perform and complete, arrenge far completion - or obtaan a new contractor and with reasonable promptness under the Circumstances: After investigation.- determine the amOUnt for which it may be liable to the Owner and. as soon as practicable afar the amount is determined tender payrncpt therefor the Owner: or Deno laabtiti an whole or an put and notify the Owner citing reasons therefor 1Cttte Surety docs not proceed a; provided in Paragraph 4 with reason - son crnmptncss. the Surety shh1l be deemed la be in defatlht Oft halt 11011 hitce:t days after receipt of an addiuonol written notice from the Owner to int Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the O' nee 1f the Surety MC etas as provided in Subparogiaph 4.4. and the Owner refuses the payment tendered or the 5urcty has denied liabilito . in whole or in pan_ without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6, After the On his ttrmuouecl the Conarrctor'e rtgnt to Com. C the COnStratclhan Cn.: raCt. and if the !iuresy e1CCtS to pet antler Subpv ,entein 4.1, 4.L. or 4-3 above, then the responsibilities of the Surety to the Owner shag not be grennuer than Mone of tht Contractor under the Construction Contract- sod the relponeibilities of the Owner to the Surety- titan not t` gnat= than those of tint Owner Mader the Consirtuts= Cataract. To tl, limit of the atviawas of Chia Bond. but subject to wu matte int try the Ow her of the Babinec Crf the Contract Peioe tv mitiptiori of cants and Oamagcs on the Construction Contraar, the Surety is obligated without duplication for 6.1. The reapaaus hies of the Contractor for eoninetioit of defective urettit rood co nptetian of the C ot:411 1mile [ecru act: Addiriesael Weal. design professional and delay Cors rsstatine from the Contractor's Default. and retuning Ifr>flm the acttatis or failure to act of the Sumo under Paragraph 4:anal 6.3. Liquidated damages or if no liquidated damages are Spccihcxl in dere Construction Contract. actual damages caused by delayed performance or ruin-perfoi-ct anoe of thc Contractor. 7 The Surety shall not be liable to the Owner or others for oblfgatioat, of the Contractor that are unrelated to the Construction C:oturaet- and the Balance of the Contract Price shall nos be ;educed or ant off on account of any such unrelated obligations. No right of action shtdl accrue on this Bond to any person or entity other thao the Owner or its Meta. executors. administrants, Of SOCCe31A11. g. The Surety Mushy oraivra notice of any rp4ra;c, ytclrulirg citartpes of time. la the Construction CPntraet o7 to related subcortrams. purchase orders and other obligations. 9. Any proceeding. legal or equitable. under this Bond may be instituted in any court of competent Jurisdiction in the laxation in Which the wort or pan pith; work le touted and shall be instituted within two years after Contractor Default or wit>ain two years after the Contractor Ceased work- ing of Within two years after the Surety refuses or fails to perform is; obligations under this Bond. whichever occurs first. 11 the provisiont, of this Paragraph are void or prohibited by law, the minimum period of limitauan available to sureties as a defense in thejurisdiction of the sunt shall be applicable. 10. Notice to the Surety. the Owner or the Contractor sf s ill he maned or delivered ID the address shown oo the signature page. 11. When this Bond has beta furnished to comply with a statutoy p- osher legal requirement int Inc location where the construction was 10 performed. any provision in this Bond confficttne with said statutory en legal raequinoncnt shall be deemed deleted 11c/ from and prvvisioru ctin- forming to souls statutory or rather legal retluetemepu t,halt be deemed incorporated heroin. The intent is Thal this Bond shall be construe a,t a statutory bond and not as a common law bond. u_ Definitions_ 12.1. Balance of me Ccettract !Price: The torsi amount payable by the Omer to the Coatrat1O7 under the Construction Contract after alt proper adjusunerus have been triode_ includia.g allowance to the Contractor of any amounts received or to be received by the Owner in settlement of ipsuraoce or other claims for darn - ages to wench the Contractor is entitled_ reduced by all valid and proper payments made to or on behalf olf the Contractor under the Construction Contract. 1«.2. Construction Contract: elle agrcetnent between the Cwt:c.' and- thc Contractor identified on the signature page, includieg ell Contract Documents and changes thereto, - 12,3. Contractor Default: Failure of the svr7ntriete r. which has neither been remedied nor waived. to perinrnt or otherwise to cornoiy with the terms of the Construction Contract, 11.4. Owner Default: Failure of rite Owner, which has neither been remedied nor waived. to pay the Contractor as. required by the Construction Contract or to perforin and complete or comply with the ocher terms thereof. tFOR INFORMATION ONLYy-Name. Addre:ts and Ttltphanel AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect., Eriginecr or other party): HDR Engineering, Inc 500 108th Ave NE Bellevue, WA 2 Construction Payment Bond Bond #: 156910 Any si lar reftreace to the Contractor. Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Apollo Sheet Metal, Inc. P. 0. Box 7287 Kennewick, WA 99336 OWNER (Name and AddtesS): SURETY (Name and Principal place of Business): American Home Assurance Company #3 Embai.cadero Center, Suite 302 San Francisco, CA 94111 City of Yakima - Wastewater Division Project No. 1713 129 N. 2nd Street Yakima. WA 98901 CONSTRUCTION CONTRACT Date: Amount Three hundred sixty-four thousand nine hundred seventy-seven & 15/100 ($364,977.15 Description (Name and Location): Project #1713 Yakima Regional Wastewater Facility Mechanical Improvements BOND Date (Not earlier than Construction Contract Date): September 28, 1995 Amount: Three hundred sixty-four thousand nine hundred seventy-seven & 15/100 ($364,977.15 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: Apollo Sheet Metalf. Sigtrature Narne an ' tle: SURELY aro. Seal) Company: Inc .r CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature - Name and SURETY Company: American Home (Corp. Seal) ;. lsst�rarm Company Title: Kenneth 3.. Frick Attorney -in -Fact Signature- Signature - Name and Title: Nacos• and Title: (Corp. Seal) EJCDC No. 1910.288 (1984 Edition) Prepared through the joint efforts of the Surety Association or America. Engineers Joint Contract Documents Committee. The Associated General Contractors of An i,c a. American Institute Dr Arthittcts. Adserltan Subeonttactors Associitton. and the Associated Speekaity Contrat:um. Repainted 10610 3 1. The Concraciarand the Sway, /canto std s.. ally. bird uta madves. am: bens. executors. adtnnustrascrrs, successors and assess to tt>G Owner to pay for tabor. matcrcals and cepoprruent furnished for use m the performance of the Cor szruetisxs Contract. wfticdt rs sttscorponted tracery by refcreoce. 2. With respect to the Owner. this obligation shall be null and void if the Coruractor: 1.1. Promptly makes payrhent. directly or indirectly. (Pr all sui.m dun Clannants, and 1.2_ Defends. indemnifies and holds harmless the Owner from claims. demands. liens or suits by any person or celery whose claim, demand. lien ar suit is for payment for tabor. materials or cgorFeno st furnished for use in else performance of the Corifle: cri m Contrast. provided the Owner has promptly notified the Contractor and Or -- Surety Surety tat the address described in Paragraph 12) of any claims. demands. liens or suits }nd tendered defense of such claims. demands. liens or suits to the Contractor and the Surety. and provided there os no Owner Default, 3 With respect to Claimants. this obligation shall be null tired void if the Contractor prommptdy makes payment- directly or indirectly. for all suint duo C. Thc Surety shalt have no obligation to Claimants artier this ncrido until: C, i Claimants who are employed by or have a direct contrast with the Contractor have given notice to the Surety 141 the address described in Paragraph 12) arta sent a copy. or notice thereof- to the Dwner, Slating trent a claim is being made under this soma and, with substantial accuracy. the notount of the claim. 4.2. Claimants who do not heart a direct contract with the Contractor: I Have furnished written notice to the Cuntrtotor and sent a cagy, or notice thereof_ to the Owner. within 91 days after having last performed tabor or tau furnished matenals or equipment in- cluded in the c1:um stating, with substantial accuracy. the ormolu of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was dont or performed: and 2. Have either received a rejection in whole or m part from the Contractor. or not rcceived within 3Q drys of furnishing the: above notice any commumrasion from the Contractor by which the Contractor has indicated the claim will he: paid direotly or Indirectly: and 3. Not having b c n paid within tht above 30 days. have sent a written notice to the Surety tat the address described set Para- graph t 21 and Ulna copy. or notice thereof. to thc Owner- staling that a claim is being made under this Bond and enclosing a tiAPY of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is giver( ay tine Owner to the Contractor or to the Surety, that is sufficient compliance, 6, When the Ciacmant has satisfied the conditions of Paragraph 4. the Surety shall promptly and at the Surety's expense take the following actions. 6.1. Send an aitlwer to Inc Claimant. with a Copy to the Oinwr.''ir#in 45 days after receipt of the claim. stating the amours that are undisputed and that basis for challenging any aimroernts that arc disputed. b.'_. Pay or arrange for oar:tent of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond• and the amount of this Bond shall be credited for any payments rnadc an good faith by the Surety. g. Amounts owed by the Owner to the Cantraetor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy clams, if any. under any Construction Performance Bond By the Contractor furt:rtsfting art4 the (wrier accepting this Bors, ahcY asgroe that ah funds yarned try tin Caaseuactor in the pt=rfnrsrtance of The Coenuucoon Contract arc dsdacstttt m saris$y obligations of the Contractor and she Surety under this Rand. suttiea to the owner's pnoruy to use the funds fpr the completion of the warty. 9. Thc Surety desalt not be liable 10 the Ower, Claimattu Or others !for obligations of the Contractor that ate ttnrs*<u 4 to the Construction Con- tract_ The Owner r shall any be liable for payment of any costs or expenses of any Claimant under this $orid, JIM shall have under this Bond no obligttiens to make payments tv. give makes on behalf of_ or otherwise have oblapa- boos to Claimants under this Bond. 10- Thecf rety hereby +saints ntzk a of any change. including chutes of tune. to the Construction Contract or to related subcontracts. puithuse Quoins and other obligates. 11. No sant or action Shall be roornmenad by a Claimant under this Bond other than in a court of competent jurudici'ton in the location in which the work or pan of thy: work is wed of atter the expiration of Ouse year tnun tux date (1) ore whictt thc Clninsant gave the notice n quhrcd by Subparagraph 4.1 or Ciaatae 4.2 (iii 1. or (2) our which the last labor or r e," a was perfee ned by anyone or thc last tsaaxtha a ar equipment were ftutsis!ssd by anyone under the Consarmaion Core t. t.TMiichevcr an) or 121! first occurs. if the provisiool of this Rungraph at void of prohibited by taw. the minttratm period of limitabor a i est sabretices as a dtfe:asst ht the jutiarOotron oft he suit chsall be apAicatdc, 12_ Norio,- to are Oorety. i Owner or the Contractor shall be maideel or ch:ltvcrcd to tits witircas shown on the signature page. Actual receipt of nowt by Surety. the Owner or the Contraeutr, hflwevet oro ornpfishsd. shall be sufbcient campdiance as of the date received al the addn:ss shown on the signature page. 13. Wilco this Bond has been funaistorot to comply with u statutory or outer itg t requintior tt in the location whet= the constiascoon was to be poo formed. any provision in the Bond conflicting with said tt:uutory or legal rvquirrmem shall bcdcomect wed harfrtun and provision[ conforrtsing to such statutory or atbcr legit ttaiui,enteat snail be d: cd incorporated herein- Tutt intent is. that this Bond ,thaJI be tmnsirwtt as a statutarY bond and not at cutworm law bond. 14. Upon request by any ;meats or entity *ppari g to be a potential beneficiary of this Bond. the Contractor shall promptly furnish a copy of this Bond or shalt permit a copy to be Trade. 15 DE'FiNITIONS 15.1. 1_laituant: An individual or iostlty having; dirTrY. ax:ottiset with the Contractor or with a subcontractor of the Contractor to furnish tabor. moteriala or equipment for use in the perfonnasL-e of the Contract. Thc toted of this Bond stall be 10 iochicic wrlhou limitation( in the teens —tabor. matcr•.als or egctipmeau" that pool of water, gas, power. light, heat. oil, gateau. utlepiinne service or rental equipment uarxl its the Cortstrtattion CoWract. architectural and engtnecsing services rngwru3 for PniforSaarp:>: rat ahs whit of the Contractor and tau ttractar's wbcontnotots. and all other items for which a mechanic's lion may be asserted in the jurist/ie- [son where the tabor. materials or equipment were furnished. 15.2. Conntruction Contract: Tose aoreeintnt betwoen eh Owicr and the Cotwarsor identified on the signature page, excluding all Contract Documents and changes thcrtxo. 15.3. Owner Default: Failure of the Owner. which hos neither buten rcrstcdted nor waivrsd, to pay the Contractor ars required by the Coasirutaaors Caramel or to perform an4 complete or comply with the other tenets thereof_ (FOR INFORMATION ONLY ---Name, Address and Telephone:) AGENT or BROKER. OWNER'S REPRESENTATIVE (Architect. Engineer or other p ray): HDR Engineering Inc 500 108th Ave NE RP 11 ceviin N 4aCia 4 _72 7 A:173R N 7, •S\ Cor,.,:.) -- - — "ae's spc la: :2a. ::avc caci- „., / (' /'L / — /..------”. cs, :Cc mpaa ;.J R. _ , -•=2. C C ,= ",%2J-.)reSent anC iOfl the. 7.7:7 a:1C, s 28 0. September _• 95. SUPPLEMENTAL ATTACHMENT FOR ACORD CERTIFICATE OF INSURANCE The following will be completed and signed by an authorized agent of the insurance company and included with the certificate of insurance. Contractor. Apollo Sheet Metal, Inc. Job Description: Project No. 1713 - Yakima WWTF Mechanical Improvements YES NO 1. Carriers admitted in the State of Washington an A -VH or better in Best's Guide. X 2. Commercial General Liability on occurrence basis subject to a $1,000,000 limit per occurrence. Policy includes: A. Premises & Operations B. Explosion, Collapse, & Underground Hazards x C. Personal Injury Coverage D. Products & Completed Operations E. Contractual Liability F. Employers Liability (Washington Stop Gap) 3. Per Job Aggregate endorsement included under the general liability. 4. Automobile includes 'Any Auto' and is subject to a $1,000,000 occurrence limit. __- 5. City of Yakima, its agents, employees, and elected and appointed officials are listed as an additional insured. ••••••6111 _ cL 6. Under cancellation section is 'Endeavor to and 'But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives' crossed - out. Is 20 days or more notice of cancellation shown? 7. Umbrella Liability at a $Z000,000 Limit. A no response to any of the above items may render the bid non-responsive. Authorized Agent of Company :V Date YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS 09/21-95 THU 16:01 FAX 1 509 248 '9007 FR©MIYAKIMA W.W.T.P. SEPGWICK JAMES ) 0; 1 599 249'9007 2002 SE" ?10 1995 11:49RM P.10 00805 - 4 5.4.3., S.4.4., and 5.4.5. CONTRACTOR's Uabl try Insurance under Paragraph GC -5.4.3, through GO - 5.4.5. shall ,too include completed operations and product Ilabaky coverages. (1) General Aggregate Completed Open tiom (Except Products): $2.000,000 (2) Products Completed Operations: $1,000,000 (3) Parsons! and Advertising Injury (Per Person/Organization): $1,000,000 (4) Each Occurrence (Bodily Injury and Property Damage): $1.000.000 (5) The commercial liability will be written an ISO Form CG0001 or equivalent. Property Damage liability Insurance will provide Ecplosian. Collapse, and Underground coverages. (8) The commercial ilabilky policy will include a 'Per Job Aggregate' Endorsement (7) Automobile Liability $1,000.000 Combined Single Limit (8) Umbrella Liability at $2.000,000 Limit. (9) Providing coverage at the stated amounts ill not be construed to relieve comtactorfrotn liability in exams of such limits. 5.4.7. The entities luded bettor are Naddicionel Insureds" as their Interest may appear including their respective offices, directors, agents, and empioyeear. 5.4.10. Delete Paragraph GC -5.4.10. In Its entirety. SC -5.4.11. Amend Paragraph GC5.4.11_ by si.iidng out the words: to whom a certtflc*te of insurance has been hawed*, SC -5.4.13. Amend Paragraph GC -5.4.13. by striking out the words: to whom a certificate of Insurance has been issued'. SC -5.4.14. Add a new paragraph immediately after Paragtaph GC -5.4.13. which Is to reed as follows: 5.4.14. With respect to all Insurance required by this Paragraph 5.4., CONTRACTOR agrees to waive all rights of subrogation against OWNER, ENGINEER, and each additional Insures! identifitxl In the Supplemental Conditions. SC -5.8. Delete Paragraphs G04.6.. 5.8.1.. 5.6.2., 5.8.3., 5.5.4., and 5.6.5. in their entirety. YAiCIMA REGIONAL MIT MECHANICAL IMPROVEMENTS RESOLUTION NO. R-94- 70 A RESOLUTION authorizing the City Manager to sign all applications, loan agreements and amendments, and other documents relating to Public Works Trust Fund wastewater treatment facility planning, design, and construction. WHEREAS, the City of Yakima has developed a pian for wastewater collection, treatment, disposal for the Yakima Regional Urban Area; such plan being necessary to determine the needs of the area for health, safety and well being of the people; and WHEREAS, the plan is developed in accordance with the requirements of Public law 92-500 and 95-217, and has set forth facilities and systems required to be constructed, im] ' --'--'-":" to serve the needs of the area; and WHEREAS, the financi early attention to capture a ft securing the most cost effect documents as required for othE WHEREAS, the cost wastewater treatment facilities financing; now, therefore BE IT RESOLVED BY Tl The City Manager is d' loan agreements and amendments, nu uL.M. wastewater facility systems planning, design, and round Public Works Trust Fund loan program. ADOPTED THIS 7th day of June , 1994. S7 PATRICIA RICLA A. 8ER"NDT nprovements requires r additional planning ate existing planning ing programs; and d construction of the Vorks Trust Fund loan HE QTY OF YAKIMA: Le attached application, ..ocuments relating to construction for the 1995 ATTEST: /s! KAREN S. ROBERTS, CMC CITY CLERK PWIF Resolution 6/3/94 CW MAYOR BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 3 For Meeting Of 6/7/94 ITEM TITLE: 1995 Public Works Trust Fund Loan Applications Summary Status SUBMITTED BY: Denny Covell, Director of Engineering and Utilities Chris Waarvick, Wastewater Superintendent Doug Mayo, Project Engineer CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: The Wastewater Division has recently prepared and submitted three (3) separate loan applications to the State of Washington Public Works Trust Fund (PWTF) program for 1995. We believe this low-interest, streamlined program to be one of the principal options for infrastructure financing available to the City. While,the loans must be paid back, they are at very low interest, do not accrue against debt service coverage factors on the City's bonding capacity, and have substantially less front-end engineering and legal requirements (which would add, of course, to the overall cost). In a broad sense, a 20 year, 1% loan may be a nore favorable financing arrangement than a 50% grant. These three applications require City contributions to the projects, but the above stated benefits remain applicable. City Council is respectfully requested to ratify, by resolution. the three (3) applications submitted under the City Manager's signature. The due date of the applications was May 6, 1994. Normally, it is this Division's practice to place these applications before City Council with a resolution indicating Council consent. However, work on the applications was performed up to the due date because of the volume of information needed to complete the documentation. PWTF staff will evaluate the applications submitted from all over the State and pass their recommendations along to the legislature for approval in the capital budget in the Spring of 1995. • (...continued...) Resolutions _ Ordinance _Contract X Other (Specify) Loan Application Summaries Funding Source System Revenues from Water. Sewer. and Streets APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: pprove the (3) attached resolutions ratifying the submittal of (3) PWTF loan applications for water, wastewater and transportation improvements. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-94-69, R-94-70, and R-94-71 The applications were submitted covering three broad topics: 1. Wastewater treatment facility rehabilitation -$3,500,000 loan in a $5,500,044 total project scope. Loan repayment will be from wastewater system revenues. 2. Collection system improvements aimed at assisting low-income, contaminated groundwater areas within City limits in constructing boa) sewers to be joined to the general sewer system -$209,367 loan in a $299,095 total 1995 project scope. Loan repayment may be from wastewater system general revenues, local improvement benefactors, or a combination of both. 3. - t - ' 1 II • • - ,l - I - . - - - - ;:lk.. in the area impacted by the Gateway Project (Yakima Avenue and 1-82) through the newly designated PWTF category of Neighborhood Reinvestment -$1,000,000 loan in a $2,135,058 total project scope. In March of this year, the City of Yakima was informed that its application for designation as a Community Empowerment Zone (formerly Neighborhood Reinvestment Area) was approved. Loan repayment will be from water and sewer system revenues and arterial street funds. Submittal of application in no way obligates the City to accept any loan offered or to proceed with the project, CITY OF YAKIMA WASTEWATER DIVISION DEPARTMENT OF ENGINEERING & UTILITIES FAX (509) 575-6116 SCAN 278-6077 2220 E. VIOLA, YAKIMA, WASHINGTON 98901 NOTICE OF AWARD TO. Apollo Sheet Metal, Inc. 1207 W. Columbia Dr. P.O. Box 7287 Kennewick, WA 99336 DATE: September 22, 1995 Wr water 575-6078 En, .aering 575-6111 Water/Irrigation 575-6154 PROJECT: PROJECT NO. 1713 YAKIMA REGIONAL WASTEWATER FACILITY MECHANICAL IMPROVEMENTS The City of Yakima, Washington, has considered the Proposal submitted by you for the above described Work in response to its advertisement for Proposals dated September 13, 1995, and information for bidders. You are hereby notified that your Proposal in the amount of $364.977.15 has been accepted. You are required to execute the Agreement and to provide the City of Yakima, Washington, with all Bonds and Certificates of Insurance as outlined in the Bidding Documents. If you fail to execute said Agreement and provide the City of Yakima, Washington, with the required insurance certificates and bonds as defined in the Contract Documents, the City of Yakima, Washington, will be entitled to consider all your rights arising out of their acceptance of your Proposal as abandoned and as a forfeiture of your Security Bond. The City of Yakima, Washington, will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award, the executed Agreement, and Bonds and Certificates of Insurance to the City of Yakima, Washington, on or before the 6th. day of October, 1995. Dated this Z3 day of September, 1995. CITY O YAKIMA, WASHINGTON, OWNER By: �c.r ')>.\ ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice of Award is hereby ac By: dged by C City Manaaer Title Project: 1207 West Columbia Drive . P.O. Box 7287 • Kennewick , WA 99336 (509) 58 E110 • Fax (50 9) 582 559 LETTER OF TRANSMITTAL 10, 00002 STE *TER 3 CH IMPRUYEMENTS CITY OF Y KI , W STE TER DI-VI5=ON YAK. IM« !. 98901 Re CONTRACT DOCUMENTS X Attached Separate Cover 21az Skop Dwg Py nts _ PCans _ Samples _ Spec Letter Change Order _ Other: No, Date 1 2952295 2 2952235 3 293£255 2 2952255 !o§: X22 September 29 1995 Description Stats 1NSUP C£ INFORMATION SIGNED NOTICE CF AWARD SIGNED /GREE CYT (4 202125) PERFORMANCE AND PAYMENT 90595 s a' -e tseasaiftz7 for vo»z action as noted: For ApproveC _ £9r Re.i,ew And Comment _ Returned For C3rrecttois 2 For /ar Us? _ App-ovec As Submitted _ Resubmit 0 Copies For &2prove( _ As RecJusted _ Appro:e/ As Noted_ Sil,bmill 0 Co1y For Distribution _ Bids Due:_ Returned After Loan _ Return 0 Copies Corraatd Print nsmifted 5:: APOLLO SHEET METAL INC, Signed: _ a2: T'FkESa BGCKENDOR Date: cc: Douglas Mayo P.E., Project Manager City of Yakima Department of Engineering & Utilities 2220 E Viola Yakima, WA 98901 MULVIHILL INSURANCE SERVICES 11 N Morain • P 0 Box Q Kennewick, WA 99336-0609 (509) 783-8105 • FAX (509) 735-3512 September 28, 1995 Re: Project No. 1713 Yakima Regional Wastewater Facility Mechanical Improvements Enclosed is a copy of the Amendment -Aggregate Limits of Insurance Per Project CG25031185 endorsement that is part of the commercial liability policy for Apollo Sheet Metal, Inc. Please accept this as confirmation, the coverage is part of the policy. The original Certificate of Insurance was issued on 9-12-95. We indicated on the Supplement Attachment the coverage was included but not on the Insurance Acord form. If you need any further documentation, please let us know. Sincerely, ijii ‘?;/ Greg Mulvihill GM:jn Apollo Sheet Metal, Inc. Policy Number: 31347158 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. CG 25 03 11 85 Copyright, Insurance Services Office, Inc., 1984 • A C®..R.... D.....TM.1'•: :;. •',. :. • ;i :..'. • .:. #: .. ...... 09/12/95 .. .i-. is ih:nV'.a�c};:tile::v. ..... .::i::.i++:i..i-. :$:n . :�;:; :.: .. PRODUCER MULVIHILL INSURANCE SERVICES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 11 N. MORAIN, P.O. BOX Q COMPANIES AFFORDING COVERAGE KENNEWICK, WA 99336-0609 (509) 783-8105 FAX: 735-3512 COMPANY A TIG INSURANCE COMPANY INSURED APOLLO SHEET METAL, INC. COMPANY B FEDERAL INSURANCE COMPANY P.O. BOX 7287 KENNEWICK, WA 99336 COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POUCY NUMBER POVCY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDNY) LIMITS A GENERAL X UABIUTY COMMERCIAL GENERAL LIABIUTY 31347158 04/09/95 04/09/96 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $11 0 0 0 , 0 00 X X OWNER'S & CONTRACTOR'S PROT STOP GAP EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ 50e 000 MED EXP (Any one person) $ 5,000 A AUTOMOBILE X X X X X UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 31347157 04/09/95 04/09/96 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ B EXCESS X UAEIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM 79414531 \ 04/09/95 04/09/96 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 $ WORKERS COMPENSATION BAPLOYERS' UABIUTY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND r—• -- INCL EXCL TWCRYMS I 04- EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS SUCH INSURANCE AS AFFORDED BY THESE POLICIES SHALL ALSO APPLY TO CITY OF YAKIMA, ITS AGENTS, EMPLOYEES, AND ELECTED AND APPOINTED OFFICIALS AS ADD'L INS'D IN RESPECT TO NAMED INSURED'S OPERATIONS: YAKIMA REG. WWTF PER CG2010. CITY OF YAKIMA 129 N 2ND ST SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL1(/E/VSI/ /0 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, YAKIMA WA 98901 I{ 44 */Mu/ Atli (O>hsIE/sIQ L/ L/ _&& M' 18A9'49&101( 040-0 / /4 /YhPf&7T/ /,:T /A4F,h1A/ / (E4isiNi 1n117Ei. 9'P/ 1�NF /IIN$ /�7^ . • .... 1. ....... ... ... ... AUT ZED �REP�RESSE�JNTA/TIIVE�� / [�j/% ,(J/'(n/ �t L. .,kms "!../. ) 1.4 - VS( moi: o7�L-/ ACORD:: .. s: 'AO':..0 OORP[xRATiNI.Ms .. INSURED: APOLLO SHELT METAL INC POLICY NUMBER: 31347158 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF YAKIMA 129 N 2ND ST YAKIMA WA 98901 1 - (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. IN RESPECTS TO THE NAMED INSURED'S OPERATIONS: YAKIMA REGIONAL WWTF MECHANICAL IMPROVEMENTS. ISSUED BY: MULVIHILL INSURANCE SERVICES P.O. BOX Q KENNEWICK, WA 99336-0609 PHONE: 509-783-8105 CG 20 10 11 85 09/12/95 Copyright. Insurance Services Office. Inc.. 1984 09. 21.95 THU 16: (11 FAX 1 $09 248 9007 SEDCWICK JAMES TO: C. COMPANY: D' 4 ATTN: �u FAX NO' .5-) 5- SEDGWICK Sedgwick James of Washington, Inc. 1430 N. 16th Avenue, Lake Aspen Office Park P.O. Box 2547, Yakima, WA 98907 Telephone: (509)248-7460; Fax: (509)248-9007 Fax Communication DATE: '1-1.\-`\ S V\ INN d FROM: JOEL PEARSON' RE: t, WrS MESSAGE: 0 TOTAL #OF PAGES: ..�C�'�'r"''i'`� fr`tZc CSV►'Ct, S w�yU(j'c '(�.1 ► it v;) s) . \•c:- _ _ _ "fid sc IF YOU DO NOT RECEIVE THE CORRECT NUMBER OF PAGES, PLEASE CONTACT US Q001 Li- 'o trio lu:til kid 1 509 248 9007 7 SEDGWICK JAMES CITY OF YAKIMA LIABILITY CERTIFICATE CHECKLIST ° Contractor: .1\taw o".� Sob Description: 1&)L) �1'v.\\w \L°'ec,.. .. .Mp v,oN , ,s'-% L. Carriers admitted in :he State of Washington an A -71z or better in Hest' s Guide. 2. Commercial General Liability on an occurrence basis subject to a $1,000,000 limit per occurrence. 3. Automobile includes "Any Auto" and is subject to a $1,000,000 occurrence limit. 4. Employers liability shown at a $1,000,000 limit per occurrence. S. City of Takima, its agents, emplyees, and elected and appointed officials are Listed as an additional insured. 8. Copy of additional insured endorsement included which is signed by tate agent. 7. Per job aggregate endorsement shown. Sf not, is a $2,000,000 umbrella limit shown aver $1,004,000 underlying? 8. is the general liability policy subject to a deductible of $5,000 or less. If higher, approval is required by the City. 9. Under cancellation section is "Endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" crossed out.. Is 20 days or more notice of cancellation shown? Completed 3y a003 PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW -5-95-791-053 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 (AA Name Title Title Date 1g ., 1 V‘5" Date Approved as to Form by r` C AttomeyGeneral Taxpayer Identification Number Assistant\Attort y General Date CITY Cflitr: cr. Page 1 PWTF 1995 Construction Loan Agreement Printed 6/27/95 PART Il: 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 undertake 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 $3,030,558.00. 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 6/27/95 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 I: 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 $3,030,558.00 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 6/27/95 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 6/27/95 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 rightto 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. 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 6/27/95 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. ❑ General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. 2. LTJ .:= 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 Recordkeeping 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 Page 6 PWTF 1995 Construction Loan Agreement Printed 6/27/95 applicable state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records for a period of three years from the date of project completion. The DEPARTMENT and duly authorized officials of the state shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL 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. Page 7 PWTF 1995 Construction Loan Agreement Printed 6/27/95 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. 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 RCVV). 4.17 Severabilitv 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: 1. A description of the actual work performed, in addition to a certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. 3. Copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. Page 8 PWTF 1995 Construction Loan Agreement Printed 6/27/95 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 (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 GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the DEPARTMENT may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 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. Page 9 PWTF 1995 Construction Loan Agreement Printed 6/27/95 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 6/27/95 PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW- 5-95-791-053 Yakima (Jurisdiction) 1995 TREATMENT FACILITY REHABILITATION (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 SHEETS 2. The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is Tess. If the local govemment 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: 20 years. 3. 1, Douglas Mayo , licensed engineer, certify that the average expected useful life for the improvements described above is 20 years. Signed: Date: Telephone: June 23, 1995 509/575-6077 PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW -5-95-791-053 City of Yakima (Jurisdiction) 1995 Wastewater Treatment Facility Rehabilitation (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): This loan is for Phase Two of a combined project consisting of components in the attached Combined Scope Of Work. Phase One (PWTF Loan Number PW -5-93-280-054) consisted of as much design and construction of the components in the Combined Scope of Work as funds allowed. Phase Two will include as much design and construction as necessary to complete the Combined Scope of Work. 2. The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is Tess. If the local govemment 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: years. 3. I, , licensed engineer, certify that the average `expected useful life for the improvements described above is 7-- years. Signed: Date: Telephone: C:\YAKIMA\95053SCP.DOC Scope of Work Page Two PW -5-95-791-053 Estimated Project Costs: Preliminary Engineer Report Design Engineering Land/R-O-W Acquisition Sales or Use Taxes Other Fees Construction Inspection Start-up Costs Financing Costs Contingency ( %) Construction TOTAL ESTIMATED COSTS Anticipated Fund Sources: A. Federal Grants State Grants Repair or Replacement $67,824 271,296 267,905 169,560 406,944 33,912 33,912 169,560 3,391,200 Expansion or Growth $4,812,113 $ B. Locally Generated Revenue General Funds Capital Reserves Other Fund 478 Fund 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:\YAKIMA\95053SCP.DOC $ 1,565,987 $ 215,568 Total $67, 824 271,296 267,905 169,560 406,944 33,912 33,912 169,560 3,391,200 $4,812,113 $ $ 1,781,555 $ 3,030,558 Scope of Work Page 3 PW -5-95-791-053 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 = Local Loan Percentage: 37.0% The local contribution must be at least: 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: \YA Kl MA\95053 S C P. D O C �99h ����,\ NUMBERS G� 1) Biosolids Storage Area: Combined Scope of Work City of Yakima PWTF LOANS PW -5-93-280-054 AND PW -5-95-791-053 A) Grade and line with the most appropriate material to meet strength and permeability requirements approximately 5.0 acres. B) Install adequately sized drainage system back to the plant system. C) Provide appropriate appurtenances for lighting the area. D) Reconstruct approximately 800 lineal feet of access road to the Biosolids Storage Area 2) Landscaping Improvements: A) Install approximately 500 lineal feet of perimeter chain link fencing around the biosolids storage area to prevent trespassing of people, livestock, and wildlife. B) Construct approximately 1,900 lineal feet of irrigated landscaped berm along two sides of biosolids storage area to shield 1-82 traffic and neighboring businesses from sight, sounds, and smell. 3) Lagoon Modifications: A) Contract to remove, shred, and dewater over 3000 dry tons of biosolids from the existing supernatant (sludge stabilization) lagoons. B) Contract to transport over 3000 dry tons of biosolids from storage area to agriculture utilization sites. C) Minor lagoon repairs including approximately 200 lineal feet of embankment reconstruction and repair/replacement of approximately 300 square yards of existing concrete aprons. D) Installation of piping and equipment necessary to rehabilitate lagoon feed system to allow facultative operation of this system as intended. 4) Upgrade of Plant's Supervisory Control and Data Acquisition JSCADA) System: A) Installation of approximately 2,000 lineal feet of fiber optic cables and appropriate connectors between each computer. B) Distribute the existing computers to monitor and control logical areas or processes of the plant. C) Add, at minimum, one main plant central computer. D) Re configure the existing system software and install required additional software so that if any given computer fails, the main plant central computer would take over that system. 5) Headworks Equipment Pre -purchase: Pre -purchase, through a competitive bidding process, the major equipment required for Headworks rehabilitation. The pre -purchased components would include. A) Barscreens (2 units) B) Grit classifier and cyclone (2 units) Combined Scope Page 1 1993-1995 PWTF Treatment Facility Revision of June 27, 1995 6) Grinders/Shredders: A) Install two 8" grinders. One on the feed line to the centrifuges, the second on the raw sludge feed to the digesters. Installation shall include piping modifications and necessary power, control, and monitoring capability. 7) Centrifuge Pump Remote Speed Control: A) Improve the speed control of the existing 15 horse power centrifuge feed pumps by installation of a manufacture recommended remote speed control device on each of the two units. B) Connect speed control to existing computer control and monitoring system. 8) Replacement of Hot Water Piping: A) Install replacement hot water supply and return piping between the Boiler Building and the Influent Building (approximately 750ft. of 3"), the Boiler Building and the Digester Building (approximately 350ft. of 8"), and the Digester Building and the Solids Handling Building (approximately 320ft. of 2"). 9) Improvement of Control Building HVAC System: A) Modify/Upgrade ventilation system to meet building code requirements (indoor air quality). 10) Barscreens: (Included with Headworks Element) A) Replace existing barscreens with two new high rise barscreens, one in each of the two existing influent channels. of the configuration and size most appropriate to fit our existing channels. Each unit shall have a minimum of 20 million gallon per day capacity. B) Construct building to house barscreen installation with appropriate power, controls, lighting, ventilation, and connection to the odor control system. 11) Grit Removal System: (Included with Headworks Element) A) This element will replace the entire existing Grit Removal system. A new system will be installed which will consist of two degritter units (one in each influent channel) of the appropriate size for the plant flow, and all necessary piping, pumps, classifier equipment, storage hopper, ventilation, and electrical power, control, and monitoring equipment. Each degritter unit will have a minimum capacity of 20 million gallons per day. 12a) Primary Digester Rehabilitation: A) Structural evaluation of existing structures. (At minimum) a) Rehabilitation/replacement of roof on one unit. b) Rehabilitation of insulation and protective coating on all tanks. B Digester Mixing a) Analysis of best method to mix digesters. b) Removal of existing outdated, unused system. c) Installation of equipment of the type and capacity found by the analysis to be most effective and efficient in each of three primary digesters. C) Feed and Valving Rehabilitation: a) An evaluation of piping, flow schemes, and valving will be conducted to maximize the use of available equipment and facilities. b) Removal/replacement of existing misapplied and nonfunctional piping and valves (approximately 25 units). Combined Scope Page 2 1993-1995 PWTF Treatment Facility Revision of June 27, 1995 c) Installation of new sludge distribution piping with valves and vaults to allow flexibility of operations of system and maintenance. 12bj Secondary Digester Rehabilitation: A) Structural: a) Complete roof removal and replacement on all three units. Replacement roofs shall be of flexible membrane to allow increased gas storage. b) (Depending upon the structural and foundation analysis) Extension of walls on one unit to equalize top elevation of all three units. B Operational: a) An evaluation of piping, flow schemes, and valving will be conducted to maximize the use of available equipment and facilities. b) Removal/replacement of existing misapplied and nonfunctional piping and valves. c) Installation of new sludge distribution piping with valves and vaults to allow flexibility of operations of system and maintenance. 13) Hazardous Materials Storage Building: A) Construction of approximately 10,000 sf storage building of the proper material and ancillary equipment (HVAC, fire suppression, etc.) to meet regulatory requirements pertaining to the material to be stored. B) Construction of a wash bay with capability to remove contaminants from the discharge water. 14) Non -potable (C-2) Water System: (A) Rehabilitation of the existing 0-2 water supply station. This component will entail rehabilitation of the wet well, pumps. and filtration system with a new system adequate to supply pressurized water for all plant requirements. The required capacity of the system is estimated to be 3-4 mgd at 80 psi. (B) Improving the existing distribution system by a combination of reconstruction of the existing "bottle necks" and of construction of a parallel piping loop. Work shall consist of installation of piping and valving of the required size and configuration to provide adequate flow and pressure throughout the plant for all uses. 15) Chlorine (Cl2) Solution System: A) Repair/replace Cl2 solution supply lines from existing distribution building to plant areas were solution is required for operations. Three areas of primary application are: (1) Secondary Clarifiers and Activated Sludge, (2) Headworks, and (3) Trickling Filter Area. B) Install appropriate valves and booster pumps as necessary to insure adequate quantity and pressure. 16) Rehabilitation of Existing Secondary Clarifiers: A) Install baffles to redirect flow at perimeter and replace centerwell with one of larger diameter in each of two existing units. Both actions will increase capture of solids in clarifiers. 17) Replacement of Roof Membrane: A) Replacement roof membrane on Chlorination Building (approximately 4,000 sf). Combined Scope Page 3 1993-1995 PWTF Treatment Facility Revision of June 27, 1995 Public Works Trust Fund ATTACHMENT 1I: ATTORNEY'S CERTIFICATION �s /1, 8,, , hereby certify: I am an attomey at law admitted to practice in the State of Washington and the duly appointed attomey of the �,e '11 (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 F Dafe Name/ Address s i.P is wi { r !e1 p f,j1-41 9 E. ----=AR— / b E F ATE OF WASHINGTON 'D +_ 'a., h !'sus TY, 6 i D e� E C ``J ! I i1 6 € . :✓ V i_ L O P I : 'E 906 COZ4.2.677lJea EL SW c, PO Box 43300 ® C:ympoa, WashiVo , 98504-8300 0 (360) 753-2200 August 7, 1995 Mr. Doug Mayo City of Yakima 2220 East Viola Yakima, WA 98901 RE: Public Works Trust Fund Loan Agreement Number PW -5-95-791 Dear Mr. Mayo; Enclosed is a fully executed copy of Public Works Trust Fund Loan Agreement Number PW -5-95-791-053 between the Department of Community, Trade and Economic Development and Yakima. Please keep this copy with other local records related to your approved Public Works Trust Fund project. If you have any questions please call Terry Dale, your Regional Account Executive at (360) 664-0407; or you may call me at (360) 664-0406. Sincerely; ���ovc75 Mike Woods PWTF Contracts Manager MW: mw Enclosure C:\Conttemp\Cvrltr. D OT