Loading...
HomeMy WebLinkAboutR-2007-060 Washington State Public Works Trust Fund Loan Application (re: replacement of the Ranney Well)RESOLUTION NO. R-2007-60 A RESOLUTION to authorize the City Manager to execute all necessary documents to complete and submit an application for a loan from the Washington State Public Works Trust Fund in the amount of $2,257,200 for the replacement of the City of Yakima's Ranney Well, and, if the loan application is approved, to execute all necessary certifications, agreements and other documents to complete the loan transaction. WHEREAS, the City of Yakima recognizes that the provision of infrastructure is important to all residents and businesses of the community; and WHEREAS, in the 2004 Water System Plan Update an evaluation of the domestic water system identified deficiencies in the water supply for the City of Yakima, including the need for a new water supply well to replace the Ranney Well; and WHEREAS, the City has the necessary ground water right for a new supply well; and WHEREAS, replacement of the Ranney Well will help correct the deficiencies identified in the aforementioned plan to optimize the water supply, meet the domestic water supply needs for Yakima, and increase the reliability of the City's water supply system; and WHEREAS, these improvements are consistent with both the 2004 Cost of Service and Rate Study and the City's Capital Improvements Plan (CIP); and WHEREAS, the Washington State Public Works Trust Fund has made low-interest loan funds available for the construction and repair of water utilities; and WHEREAS, the City will generate local funds from the Water CIP budget and reserves to be used as a local match for a Public Works Trust Fund loan in the amount of $400,000; and WHEREAS, the amount of local match funds provided will afford to the City a generous interest rate of 0.5% on the $2,257,200 loan; and WHEREAS, based on the foregoing, the City Council has determined that it is in the best interest of the City to apply for funding from the Washington Public Works Trust Fund to replace the City's Ranney Well, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute all necessary documents to complete and submit an application for a loan from the Washington State Public Works Trust Fund in the amount of $2,257,200 for the replacement of the City of Yakima's Ranney Well and, if the loan application is approved, to execute all necessary certifications, agreements and other documents to complete the loan transaction. ADOPTED BY THE CITY COUNCIL this 17th day of April, 2007. ATTEST: David dler, Mayor City Clerk PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PC08-951-051 City of Yakima PART 1: ENTIRE AGREEMENT This agreement, and incorporated attachments contains all terns and conditions agreed to by the WASHINGTON STATE PUBLIC WORKS BOARD (referred to as the "BOARD") and the City of Yakima (referred to as the "BORROWER") and no other statements or representations, wntten or oral, shall be deemed a part thereof. This contract includes ATTACHMENT I: SCOPE OF WORK, which consists of a description of local project activities, certification of the project's useful life, estimated project costs and fund sources; and ATTACHMENT II: ATTORNEY'S CERTIFICATION. These attachments are, by this reference, incorporated into this agreement as though set forth fully herein. The PUBLIC WORKS BOARD and the BORROWER have executed this agreement as of the date and year last written below. e Date APPROVED AS TO FORM ONLY This 6th Day of March, 2007 Rob McKenna Attorney General By: Signature on File Andrew Scott Assistant Attorney General CITY CONTRAC f NO: does --52- RESOLUTION NO' /►;��D7 �� City of Yakima Page 3 Print Name Trte&c /L Title �lviu�� if '2. -ASP Date -4 001 2q3 Federal Taxpayer Identification Number I /24/2005 PART II: INTRODUCTION This loan agreement is made and entered into by and between the BOARD, or its successor, and the BORROWER. Acting under the authority of Chapter 43.155 RCW, the BOARD has awarded the BORROWER a Public Works Trust Fund loan for an approved public works project. PART III: PURPOSE The BOARD and the BORROWER have entered into this agreement to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the BORROWER and will include the activities described in ATTACHMENT I: SCOPE OF WORK. The 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 BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the BORROWER a sum not to exceed $2,257,200.00. The interest rate shall be 0.50% per annum on the outstanding principal balance The term of the loan shall not exceed 20 years, with the final payment due July 1, 2028 4.02 Eligible Project Costs and Local Project Share The BORROWER pledges to use an amount of local funds as local project share of not less than 15.0% of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK. The amount of the local funds will be verified at project closeout. Any increase in the percentage of local funds may require an adjustment in the loan amount or interest rate charged, or both. The interest rate adjustment will apply to the remaining payments beginning the fiscal year of closeout. The BORROWER agrees to execute the Certified Closeout Amendment as an amendment to this agreement adjusting the loan amount or interest rate, as appropriate Eligible project costs must consist of expenditures eligible under WAC 399-30-030 and be related only to project activities described in ATTACHMENT 1. SCOPE OF WORK. Only those costs incurred after execution of this loan agreement can be reimbursed with Public Works Trust Fund monies. Expenditures made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close out may be used as match for local project share. City of Yakima Page 4 I /24/2005 4.03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a function of tax collection, loan repayment, and legislative appropriation. If funding or appropriation is not available at the time the invoice is submitted, or when the agreement is executed, the issuance of warrants will be delayed or suspended until such time as funds become available. Therefore, subject to the availability of funds, warrants shall be issued to the BORROWER for payment of allowable expenses incurred by the BORROWER 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 85 00 % of the eligible actual project costs. The BORROWER shall initiate a loan disbursement using a Washington State Invoice Voucher form. The loan funds will be disbursed to the BORROWER as follows. Upon formal execution of this agreement, a sum not to exceed 20% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. Moores shall not be used for any construction costs incurred prior to compliance with Executive Order 05-05 Archaeological and Cultural Resources as referenced in Section 4.22 or Section 106 of the National Historic Preservation Act, whichever applies to this project. Upon execution of a Public Works Trust Fund Notice to Proceed, which follows the formal award of a construction contract, and documented compliance with Executive Order 05-05 Archaeological and Cultural Resources as referenced in Section 4.22 or Section 106 of the National Historic Preservation Act, whichever applies to this project, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. When the BORROWER certifies that 35% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. When the BORROWER certifies that 60% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. At the time of project completion, the BORROWER shall submit, to the BOARD, a Certified Closeout Amendment certifying the total actual project costs and local share. The final Public Works Trust Fund loan disbursement shall brng the total loan to the lesser of 85.00 % of the eligible project costs or the total of $2,257,200.00 The Certified Closeout Amendment shall serve as a contract amendment determining the final loan amount, local share and interest rate In the event that the final costs identified in the Certified Closeout Amendment indicate that the BORROWER has received Public Works Trust Fund monies in excess of 85 00 % of eligible costs, all funds in excess of 85.00 % shall be repaid to the Public Works Assistance Account by payment to the Department of Community, Trade and Economic Development, or its successor, within 30 days of submission of the Certified Closeout Amendment. City of Yakima Page 5 1/24/2008 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on Public Works Trust Fund Monies held by the BORROWER shall accrue to the benefit of the BORROWER 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, or 2. Pay any part of eligible project costs that are in excess of ATTACHMENT I. SCOPE OF WORK estimates, if there is an overrun of project costs. The BORROWER 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. In event of termination, all principal, interest earned on invested loan principal, and accrued interest payable shall be repaid in full within 30 days by the BORROWER. 4.05 Time of Performance The BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three (3) months after loan agreement execution. No later than Twenty- four (24) months after loan agreement execution, the BORROWER must issue a Public Works Trust Fund Notice to Proceed, which follows the fon-nal award of a construction contract. No later than forty-eight (48) months after the date of agreement execution the BORROWER must reach project completion. Failure to meet Time of Performance shall constitute default of this agreement. In the event of extenuating circumstances, the BORROWER 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 tenn of the loan, regardless of actual project completion, unless terminated sooner as provided herein. 4.06 Repayment Loan repayment installments are due on July 1St of each year during the 20 -year fixed term of the loan. The first loan repayment is due July 1, 2009. Interest only will be charged for this payment if a draw is made prior to this date. All subsequent payments shall consist of principal and accrued interest due on July 1't ()leach year during the remaining term of the loan Repayment of the loan under this agreement shall include an interest rate of 0 50% per annum based on a 360 day year of twelve 30 day months Interest will begin to accrue from the date each warrant is issued to the BORROWER. The final payment shall be on or before July 1, 2028, of an amount sufficient to bring the loan balance to zero The BORROWER has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty City of Yakima Page 6 1/24/2008 The BORROWER 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 Washington State Department of Community, Trade and Economic Development, or its successor. 4.07 Default in Repayment Loan repayments shall be made on the loan 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 monthly penalty beginning on the first (1st) day past the due date The penalty will be assessed on the entire payment amount. The penalty will be one percent (1 %) per month or twelve percent (12%) per annum. The same penalty terns shall apply at project closeout if the repayment of loan funds in excess of eligible costs are not repaid within 30 days as provided for in Section 4.03. The BORROWER acknowledges and agrees to the BOARD'S right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the BORROWER of such delinquency. The BORROWER shall be responsible for all legal fees incuflTed by the BOARD in any action undertaken to enforce its rights under this section. 4.08 Loan Security This loan is a revenue obligation of the BORROWER payable solely from the net revenue of the Water system. 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, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the BORROWER 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. This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. Nothing in this section shall absolve the BORROWER 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. City of Yakima Page 7 1/24/2008 4.09 Recordkeeping and Access to Records The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the BORROWER and of persons, firms, or organizations with which the BORROWER may contract, involving transactions related to this project and this agreement. • The BORROWER agrees to retain all records pertaining to this project and this agreement for a period of six years from the date of project closeout. if any litigation, claim or audit is started before the expiration of the six-year penod, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved 4.10 Reports The BORROWER, shall furnish the BOARD with quarterly progress reports, a Certified Closeout Amendment and other periodic reports at such times and on such forms as the BOARD may require, pertaining to the activities undertaken pursuant to this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.13. 4.11 Indemnification The BORROWER will defend, protect, indemnify, save, and hold harmless 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 BORROWER or any of its contractors or subcontractors, or any employees or agents in the performance of this agreement, however caused. In the case of negligence of both the BOARD and the BORROWER, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.12 Amendments, Modifications, Assignments, and Waivers BORROWER may request an amendment to this agreement, which does not increase the amount of the loan, for the purpose of modifying the ATTACHMENT 1: SCOPE OF WORK or for extending the time of performance as provided for in Section 4 05. Neither this agreement nor any claims arising under this agreement may be transferred or assigned by the BORROWER without prior written consent of the BOARD. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing. No amendment or modification shall take effect until approved in writing by both the BOARD and the BORROWER and attached hereto 4.13 Termination for Cause If the BORROWER fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT 1: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time. The BOARD shall notify the BORROWER in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect the BORROWER's obligation to repay the unpaid balance of the loan. .City or Yakima Page 8 1/24/2008 4.14 Termination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not appropriated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of termination to the BORROWER. Nothing in this section shall affect BORROWER obligations to repay the unpaid balance of the loan. 4.15 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof' shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.16 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.17 Project Completion and Certified Closeout Amendment The BORROWER shall initiate a Certified Closeout Amendment when activities identified in ATTACI-IMENT I: SCOPE OF WORK are complete. The BOARD will supply the BORROWER with the Certified Closeout Amendment documents upon request. The BORROWER shall provide the following information to the BOARD: 1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is complete and has been designed/constructed to required standards. 3. 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. 4 Provide status of performance measures identified in ATTACHMENT I: SCOPE OF WORK. 5 In accordance with Section 4 03 of this agreement, the BORROWER will submit, together with the Certified Closeout Amendment, a request for a sum not to exceed the loan amount or refund of any excess loan funds. Any final disbursement shall not occur prior to the completion of all project activities 6 Repayment of excess loan funds disbursed to the BORROWER must be made within 30 days of completion of the Certified Closeout Amendment. City of Yakima Page 9 (/24/2003 4.1 8 Contractor Requirement The BORROWER shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and the Department of Labor & Industries requirements. 4.19 Audit Audits of the BORROWER'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 of Community, Trade and Economic Development, or its successor, may prescribe Payment for the audit shall be made by the BORROWER. 4.20 Project Signs If the BORROWER 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. 4.21 Nondiscrimination Provision During the performance of this contract, the BORROWER shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the BORROWER'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the BORROWER may be declared ineligible for further contracts with the BOARD. The BORROWER shall, however, be given a reasonable time in which to cure this noncompliance 4.22 Historical and Cultural Artifacts Borrower agrees that Borrower is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of Borrower's public works project funded under this agreement. The BORROWER agrees that, unless Borrower is proceeding under an approved historical and cultural artifacts monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the BORROWER shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Department of Archaeology and Historic Preservation (DAHP). The BORROWER shall require this provision to be contained in all contracts for work or services related to ATTACHMENT 1 SCOPE OF WORK. City of Yakima Page 10 I/2,1/2008 In addition to the requirements set forth in this agreement Borrower agrees to comply with Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, Washington Administrative Code (WAC) 25- 48 regarding Archaeological Excavation and Removal Permits. In addition to the requirements set forth in this agreement Borrower shall, in accordance with Executive Order 05-05, coordinate with DAHP, including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed public works project. Borrower agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre -requisite to receipt of funds under this agreement. Borrower agrees to furnish to the Board copies of any monitoring plan or agreement arising from Borrower's coordination and consultation with DAHP or an affected tribe. Failure by Borrower to fully comply with the requirements set forth in this provision to the satisfaction of the Board shall result in a suspension of loan disbursements or termination of this agreement if not timely cured. PART V: SPECIAL CONDITION None PART VI: SPECIAL ASSURANCES The BORROWER 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 Competitive Bidding Requirements The BORROWER 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 Eligible Project Costs The BORROWER assures compliance with WAC 399-30-030 which identifies eligible costs for projects assisted with Public Works Trust Fund loans. City of Yakima Page 1 1 1/24/2008 ATTACHMENT 1: SCOPE OF WORK PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN PROGRAM PC08-951-051 Yakima New Water Well For City of Yakima Water System Scope of Work: Complete preliminary engineering, finalizing the hydrogeology and distribution system analyses and preparation of drilling bid specifications. Design of well including pump and building and preparation of bid documents Apply for and obtain all necessary permits Drilling well, installing casing and screens Installation of pump Construction of new pump house Mechanical and electrical connections Telemetry connections Connection to water distribution system Installation Disinfection equipment Installation of Fluoride feed equipment Installation of Backup Generator Provide treatment for taste & odor and/or iron & manganese Define Wellhead Protection area and modify Wellhead Protection Program Decommission Ranney Well SCOPE OF WORK PC08-951-051 t Revised Performance Measures: REVISED Performance Measure (For Construction and Emergency applicants only): Describe how the success of the project will be measured Be sure to identify how the change will be measured, the standard against which the change will be noted, the amount of change that is expected, and when the change will have occurred. 1. The new Yakima well will augment water levels during drought conditions by 17.2% 2. Ranney water right change requires the decommissioning of the Ranney Well. 3. Allow two or more emergency wells to remain in backup status for emergencies during drought conditions How is the Measure to be Measured: Such as reduce outflow by 20% or Reduce accidents by 5% 1. By adding 4.3 MGD to the year round supply 2. ' Documentation of decommissioning of the Ranney Well through Washington Department of Ecology 3. By using the new well as normal supply and insuring at least two of the three emergency wells are in backup status during drought conditions. When is the Measure going to be Measured: Such as measurement will be accomplished after project completion or by the end of a particular year. 1. Upon Project Completion 2. Upon decommissioning project completion 3. After project completion and during the next drought Date Planned to Complete Performance Measure 7/1/2011 J SCOPE OF WORK Estimated Project Costs: PC08-951-051 'COSTACATEGORY==;,. Engineering Report Environmental Review Historical Review (Section 106 or 05-05) Land/ROW Acquisition Permits Public Involvement/Information Bid Documents Construction Other Fees Contingency Other: Wellhead Production Other: Decommission old well Other: Other: TOTAL ESTIMATED COSTS ,. • REVISED BUDGET • $ 22,000.00 $ 5,000.00 $ 1,500.00 $ 0.00 $ 6,000.00 $ 1,500.00 $150,000.00 $1,970,000.00 $0.00 $431,200.00 $ 20,000.00 $ 50,000.00 $ 0.00 $0.00 $2, 657,200.00 SCOPE OF WORK PC08-951-051 Anticipated Funding Sources: Type of Funding Source 1 Revised Budget Amount Grants Grant #1 $0.00 Grant #2 $0.00 Grant #3 $0.00 Other Grants (list sources) $0.00 Total Grants 0.00 Loans This PWTF Loan Public Works Board $2,257,200.00 Request _ Other Loan #1 $0.00 Other Loan #2 $0.00 Other Loans (list sources) $0.00 Total Loans $2,257,200.00 Local Revenue Source #1 City of Yakima $400,000.00 Source #2 Source #3 $0.00 $0.00 Other Local Revenue (list sources) Total Local Revenue Other Funds Total Other Funds Sun,mary Totals Total Funding $0.00 $400,000.00 $0.00 $0.00 $ 2, 657, 200.00 1 SCOPE OF WORK PC08-951-051 Page 5 Calculating Local Percentage: Note: Grant funds cannot be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue The local contribution must be at least: = Local Percentage 15.0% Five percent (5%) for a loan interest rate of 2% Ten percent (10%) for a loan interest rate of 1% Fifteen percent (15%) for a loan interest rate of 0.5% • I, ATTACHMENT II: ATTORNEY'S CERTIFICATION Public Works Trust Fund , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed SR•AssisT C:)o attorney of the City of Yakima (the BORROWER); 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 BORROWER 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 BORROWER 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 BORROWER from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project. The BORROWER is not a party to litigation which will materially affect its ability to repay such loan on the terns contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the BORROWER. Z'6 •O Si; i e •f Attorney Date Name Ad� dress L , �,, its ZooS4dS71 ,14L7 989w PLYING FOR: (Check Only One) �( ❑ Planning ❑ Pre -Construction Lr J Construction ❑ Emergency Borrower City of Yakima, Water/Irrigation Division Municipal Corporation Agency (MCAG) Number. Federal Tax ID #: Street Address: Mailing Address: •te: County: 0 8 5 7 9 1- 9 6 0 0 1 2 9 3 2301 Fruitvale Blvd. 2301 Fruitvale Blvd. WA Zip Code: 9 8 9 0 2- 1 2 2 5 Yakima Congressional District:4th Legislative District(s): 14th Has the local government experienced severe fiscal distress resulting from a natural disaster or emergency public works need in the past five years? ❑ YES ONO If "Yes," describe the event, when it occurred, and the fiscal distress it caused. • . • '�-� . �AJbp||c2nt '''"?.71 � � �' � In order to qualify for financing through the Public Works Trust Fund, Board staff will verify that the applicant meets the following conditions: A. Real Estate Excise Tax Imposition: For counties, cities, and towns, the applicant must be imposing the one-quarter of one -percent Real Estate Excise Tax (REET) as allowed by RCW 82.46.010/2\ at the time of application. B. Growth Management Act Conformance: For counties, cities, and towns planning under the Growth Management Act (GMA), the applicant must have adopted a Comprehensive Plan and Development Regulations by the Act's designated deadline or by the Public Works Trust Fund application deadline, whichever is later The applicant must not have any Findings of Non -Compliance or lnvalidity Orders pending. For questions regarding your GMA status, contact the Growth Management Unit in the Department of Community, Trade, and Economic Development at (360) 725-3000. Growth Management Act — Exception: Counties, cities, and towns planning under the Growth Management Act that are not in conformance with4 the Act may request an exception to this requirement when the pject is necessary to address a public health need or a substantial environmental degradation issue. To qualify for the exception, the jurisdiction must have a letter from the appropriate agency stating that the exception has been granted. The Ietter must be postmarked on or before the application deadline. Attach the letter to the application If you do not have a letter, contact the appropriate state agency and your Client Service Representative betore submitting your application. C. For Cities and Counties not planning under the Growth Management Act Jurisdictions not planning under the Growth Management Act, must have adopted a Capital Facilities Plan for all systems it owns on or before the application deadline that meet the following criteria • The plans provide an inventory of mjor system components, show their locations and capabilities, and assess the overall capital needs for the systems; • The plans identify, prioritize, and coordinate major capital improvement prjects over a six-year period; • The plans estimate capital project costs and/Or identify financing alternatives for each project identified; • The plans have been updated in the last six (6) years; • The planning process provides opportunity for early and continuous public participation; • The plans are consistent with elements of the Comprehensive Plan formally adopted by the governing body of the Iocal jurisdiction; • The plans are consistent with the Comprehensive Plans of neighboring jurisdictions; and I The plans must forecast future needs for capital facilities and show their location, and estimate the capabilities of the expanded or new facilities. "°- x ;�, tea. FARMATION &Ontinuec Special Purpose District Consistency with Local Comprehensive Land Use Plans: li. Capital Improvement Plans of special purpose districts must show consistency with the Comprehensive Land Use Plans of the local jurisdiction(s) in which they reside. E. Emergency Project Only Jurisdiction must have declared an emergency and attached the resolution to the application. F. Sanitary Sewer projects only: Does the project include repair and/or replacement of side -service sewer connections on privately owned property? If "Yes", the applicant must have in place a mechanism to meet the charge back provisions of RCW 35.67.360, and at the time of loan agreement or loan amendment execution, must have in place an ordinance or resolution declaring a finding of enhanced conservation or efficient use, and taken the necessary measures to implement that mechanism." ❑ Yes ❑ No .MEASURES'OFFISCAL-CAPACITY venue Information What is the current monthly rate charged to a single family residence for the use of 1,000 cubic feet of water? $21.10 What is the current monthly sanitary sewage utility rate charged to a single-family residence? (this is based on use of 1,000 cubic feet of water) $36.78 What is your jurisdiction's maximum revenue -levy property tax per $1,000 valuation? $3.60 (less library levy of $0.58) $3.12 for 2007 What is the current regular -levy (non-voter approved) property tax rate per $1,000 assessed valuation (exclude port, hospital, fire, cemetery, etc.)? $3.12 Does the current rate reflect a tax increase equivalent to the 101 percent limit? _ q: ;Yes_' :No No -1St year of Library Annexation to Rural/County District For systems that do not charge by cubicfoot of water,convert your rate into a charge for cubic feet or estimate the charge on that. basis. .Use the residential- rate' for all utilities. Identify the rate for: Type of Tax Current Rate Statutory Maximum Local Option Sales* 1.00 % 1.00% Real Estate Excise (local only) 0.50 % 1.00% Electricity* 6.00 % 6.00% Natural Gas* 6.00 % 6.00% Telephone* 6.00 % 6.00% Cable TV 6.00 % - N/A B&O 0 % N/A Water (cubic feet) $0.0121 cf NIA: Sanitary Sewer (cubic feet) $0.0234 cf Storm Sewer (cubic feet) None cf Storm/Surface Sewer (cubic feet) None cf " :N/A Solid Waste/Recycling $0.286 cf :N *excluding state and municipal transit system taxes _a_ Primary system affected by this project. (Check only one) El Bridge , 0 Road RI Domestic Water 0 Storm Sewer 0 Sanitary Sewer 0 Solid Waste/Recycling - - Population within jurisdiction: I 82,000 ! Percent affected by this project: Contact Person: Street Address: Mailing Address: Telephone: email Address: David Brown 2301 Fruitvale Blvd.; Yakima, WA 98908-1225 2301 Fruitvale Blvd. .; Yakima, WA 98908-1225 (509) 575-6204 FAX: (509) 575-6187 dbrown@ci.yakima.wa.us NOTE: The following questions are used to report to the Governor and the Legislature, but are not rated. Please respond only to the questions for the system you are applying for. -- y, V.4"::44f$44.44-W941447Rat-zitiSsA4flOtginfait,W4tW,).--.:44';414.4Y.A'V,41St,,,,i4.444,-,57*:WWUrAPV,-74h.,PTP.*to47../AM,,S.ticrMi MGD of treated wastewater .„. Curra-rit ,i6j6Cfed•OpOn: Prbjebt- L; 'b�rnpIetion Number of onsite septic systems eliminated # Existing onsite systems Is the system currently under any regulatory orders or court Yes orders? If so, please explain Number of CSO events in the last 12 months Amount of MGD per event # Onsite systems to be eliminated No - s - 5 Amount of I/1 the system is experiencing (MGD) Current Projected upon project cornpletion 6 Are you currently meeting your NPDES limits? If not, what limits are your exceeding (please identify) Yes No 7 8 Is there currently a moratorium on hookups? Is so, will this project enable you to lift the moratorium? Does the system currently impact shellfish? Will this project reduce or eliminate beach closures? Yes No Yes Yes No Yes No If so, please explain Number of feet of pipe replaced or added by project 10 Is project in response to an emerging regulatory mandate? If so, please explain Yes | No How many MGD of treatewater does the system generate? 2 What is your operating status? (please check one) Designed Capacity Current 36.6 26.0 Projected upon project completion 40.9 Yellow Green Blue [ Red 3 / Is the system currently under any regulatory orders or court orders? X Yes No If so, please explain. The water right change approved by the Department of Ecology in September of 2006 requires the decommissioning of the Ranney Well 4 | |othere currently amoratorium onhookups? - ----- Ye ------- No « 5 Is so, will this project enable you to lift the moratorium? Ys1 No Has the system experienced a boil water order in the last 12 months? 6 Are you doing this project to comply with the Safe Drinking Water Act? If so, please explain. To maintain an adequate supply of drinking water 7 Is the system experiencing unaccounted for water loss? If so, how much? No X Yes Yes No No X Before Project 16.7% 2.1 MGD After project 16.7% 2.1 MGD 8 Is project in response to an emerging regulatory mandate? it' Yes No TORNMEW RtztfearAWK3'.F.4,.. 441;tga'sV.'141V,Vigl CPPVV:fe' MGD of treated water :PrOjectpd after pi-ojeCt completion 2 Is the system currently under any regulatory orders or court Yes orders? No If so, please explain: 3— Amount of I/I the system is experiencing (MGD) Current _ ,Projected.after project _ completion Are you currently meeting your NPDES permit? ' Yes [ No If not, what limits are your exceeding (please identify) 5 Does the system curreritly contribute to environmental degradation? If so, please explain Yes No 6 Number of feet of pipe replaced or added by project 7 1 Is the system impacting the transportation system? ! If so, please explain 8 Is project in response to an emerging regulatory mandate? If so, please explain. Yes Yes No No 2 4 What is the cut and future LOS of the road/bridge being 1 Current applied for? How many lane miles of pavement or resurfacing will the project complete? How many accidents have beeri reported on this road/bridge bein applied for in the past five years? Projected after project completion Are there currently any weight Iimits or road restrictions? | Yes | No Will this project lift those restrictions? Yes No 5 Is projecin response to an emerging regulatory mandate? Yes No If so, please explain: ^ 1 ^ Is the system currently under any reguatory orders or court orders? - Does �houyutemcurrently contribute to environmental degradation? Yes N�: yes . . , No 3 Is projecin response to an emerging regulatory mandate? If so, please explain: Yea_ ' - ' �No Project Title: New Domestic Water Well for City of Yakima Water System Project Description: In 150 words or |eaa, please describe the project to be completed. (This is earyinformation used inpublications) _____________________________ The prjeotpurpoaeiotodeaignanddave|opa3.U0OgaUonparminutadomosticvva1ervveUatoneof three authorized locations. The scope includes drilling the well, placement of casing, construction a new pump house, activation and connection to the existing water distribution system. The well is necessary to augment to current domestic water supply during periods of drought affecting the City's primary surface water source of supply. Work: Describe in detail what will be done as part of this project. (Number of feet and size of:pipe o be laid, etc.) (For Pre -Construction applications, please limit to pre -construction activities.) • Complete preliminary engineering, finalizing the hydrogeology and distribution system analyses and preparation of drilling bid specifications. • Design of well including pump and building and preparation of bid documents • • Apply for and obtain all necessary permits • Drilling well, installing casing and screens • Installation of pump • Construction of new pump house • Mechanical and electrical connections • Telemetry connections • Connection to water distribution system • Installation Disinfection equipment • Installation of Fluoride feed equipment • Installation of Backup Generator • Provide treatment for taste & odor and/or iron & manganese • Define Wellhead Protection area and modify Wellhead Protection Program • Decommission Ranney Well Section_:3: Proposed Performance Measure (For Pre -Construction, Construction and Emergency applicants only): Describe how the success of the project will be measured. Be sure to identify how the change will be measured, the standard against which the change will be noted, the amount of change that is expected, and when the change will have occurred. Project success will be measured by compliance with the water right change by decommissioning of Ranney Well and replacement of the Ranney source with completion of a well producing 4.3 MGD of ' domestic water by 2/2010 that meets or exceeds all current drinking water standards. The completion of this new well will make it possible for one or more of the existing emergency wells to remain available and ready for emergency use. Under drought conditions which have occurred in two out of the past five years (2001 and 2005) it has been necessary to operate all three of the emergency wells nearly continuously during the summer months so that none of these supplies would be available for the kind of emergencies for which they are intended. _in_ • Attach Project Map (required) • • • Total Project Cost: PWTF Loan Request: $2.857.200.00 $2.257.200.00 Does the financing or development of the pject involve any other jurisdiction? If yes, please identify: / Applicant certifies that the improvement has a minimum life expectancy of 20 years. [Zi Yes EI No If the pject you are applying for has a previous PWTF loan, please identify: Project Title • • �d��— E�T|N � �-,, ' �=�-_- `'� �� "'=^ ..-��"�===�-- 11111rOjeCt S01100 410'' , ' Indicate the month and year when the activities were or will be completed. For Pre -Construction Applications, please limit schedule to Pre -Construction Activities. For Planning Applications, list activities in "Other" categories below. ' ^/ '~�» ' � ^, * ` ' 'r^^~°~ ~~`.- | ' . ~~'''~�-�,��,._ Engineering Report Complete (WSP Update) 3/2004 Environmental Review Complete 4/2005 Cultural and Historical Resources Review (Executive Order 05-05) Submitted with Application 6/2008 Land/ROW Acquisition N/A N/A Permits Obtained In Progress 10/2008 Public Involvement/Information Complete (WSP Update) 3/2004 Preparation of Bid Documents Not Started 10/2008 mrd Construction Contract ,Not �� Started 12/2008 Start Construction Not Started 3/2009 Complete Construction Not Started 12/2009 Project in Use '`«Not Started 2/2010 Other: Water Right Transfer Complete 9/2000 Other: SEPA Complete DNS Issued 5/2005 Other: __/___ Other: __/___ • Section 3: PROJECT; INFORMATION -. continued Project Costs For Pre -Construction Applications, please limit cost estimates to pre -construction activities. For Planning Applications, list costs in "Other" categories below. Engineering Report $ 22,000 Environmental Review $ 5,000 Cultural and Historical Resources Review (Executive Order 05-05) $ 1,500 Land/ROW Acquisition $ 0 Permits $ 6,000 Public Involvement/Information $ 1,500 Bid Documents $ 150,000 Construction $ 1,970,000 Other Fees $ Contingency ( 20 %) $ 431,200 Other• Wellhead Protection $ 20,000 Other: Decommission old well $ 50,000 Other $ Other: $ TOTAL ESTIMATED COSTS - 1 d - $ 2,657,200 • • a.7w«e recti :or Project F nano g O.RMATI:Q - continue e of. Funding Grants. Grant#1 Grant #2 Grant #3 Total Grants '' ,� '�Amount:, d ,�i"y,. -, ''.• 3}?:. ..,�,��i '.` Y: Tu.„ ��. �.. 9'a --d oans.,=��"��y��,t:,=s���Id_ entif:Y�Source"�t.<a_` '•s:-if"3jy`ip''x.':e% " , u� zk:`!: ��'` s 'a. ix#, 4s ":� - .-- This PWTF Request PWB ; $2,257,200 Other Loan #1 Other Loan #2 Total Loans E l k ocal`Revenu"e;`'='z 'Identif ;Source' :Amount`: ource #1 City of Yakima $400,000 Source #2 Source #3 Total Local Revenue $2,657,200 Other Funds Total Funding $2,657,200II r,,a nterest,Ra� Minimum of 5% Local Match linked to Interest rate 15% Local Match='h% Interest Rate 10% Local Match = 1% Interest Rate 5% Local Match = 2% Interest Rate Minimum of 5% Local Match linked to Interest rate 15% Local Match = 1/2% Interest Rate 10% Local Match = 1% Interest Rate 5% Local Match = 2% Interest Rate No Match Required 3% Interest Rate No Match Required 0% Interest Rate _1F_ amen 20 years or life of the improvement, whichever is less 5 years (extended up to 20 years if construction funding is secured by the second loan repayment date) 20 years or life of the improvement whichever is less 6 Years Section 3: PROJECT INFORMATION - continued Loan.Security Please indicate which option will be used for securing repayment of your loan. If project is approved by the Board, the selected option will be inserted into the loan agreement. 1. General Obligation: The loan will be secured by general obligation of the Borrower 2. X Revenue Obligation: The loan will be secured by utility revenue payable solely from 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, "net revenue" means gross revenue minus expenses of maintenance and operations The Board grants the Borrower 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. If Choosing Revenue Obligation, please choose one of the following utility systems: X Water Sanitary Sewer (Wastewater) Stormwater Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste NOTE: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. Borrower performing a storm sewer project that has 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. 3. Local Improvement District: Pursuant to RCW 35.51.050, the Borrower pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is • Section 4 is where you will describe the public works problem you are proposing to solve or the benefit you wish to achieve through this project. Be thorough and complete in your responses. Include any additional backup data if necessary to clarify the degree of the problem. This is your opportunity to tell us what is happening, and how it is impacting your community. The table below shows the Board's priorities used in selecting projects. PRIORITIES ealtha&Safe PROBLEM STATUS DOCUMENTATION nvr��ronmenta Lt+Z' .XTe �.x 41; }:a. '+. SOLUTION Solution clear meesneed ibn SaIutdoesino .el ' m • • 5. Aware of Problem - 17 - cojecf°atego rn po nts maximum for eonstruction:,an hof theisystem(s)idirectly affecte- ❑ Principle Arterial ❑ Minor Arterial ❑ Major Collector ❑ Minor Collector ❑ Local/Other om esticNVater`'°`'"a'R= . - .. Q Supply/Source-Primary Q Supply/Source-Secondary onstruction oposedgproje SprI tar ❑ Treatment ❑ Interceptor/Trunk Line ❑ Pump/Lift Station ❑ Collector ❑ Telemetry/Equipment ❑ Conservation/Other Q Treatment ▪ Storage Q Transmission E Distribution Q Telemetry/Equipment ❑ Conservation/Other ❑ Storage/Detention ❑ Treatment So l tlWaste/R ecyc l i n g s; ❑ Waste Reduction/Recycling El Remedial Action El Final Disposal El Transfer Station ❑ Other ❑ Interceptor/Trunk Line ❑ Collector El Other Do you have a separate storm sewer utility? El Yes ❑ No ieW • B: How old is the system you are applying for: 100 years Please describe the age/condition/and material used for the component of the system you are applying for: (example: 40 year old AC pipes that are deteriorating) This is a new well, not a replacement -1R- Section 4: tPROJECT NEED/SC/WTI N -'1continued • • (Attach additional pages fry.) , I. COriatructiOn,and preCOn$titiCtion"' tiliCantS, :--,,'; , .., - ,,:. (34.:,Pciiiri*IVIaiiriVill: for P9nW4plipn,arkO.Pre4.CcinpUtUOipri) Describe in detail 'Why thkilboal-bOV'erriMenstintendstd-cornplgte thisTprojabt..: Describe the „ ''seriousness of The prOble44:you.are proposing tOr'$OlvaahathOariafit„yOu'WisKito,a-Ohievg...: with this project Describe in sPelcifieterniS the threat, to,publio'naalth and Safaty;'and/.pr , SeOuritys,the anvirorimarit,the,parldernar),op of tnO,SySterryorina 10Oal economy that the project will avert, orde,sqn00,11-ie.aPbortiinity'that the Ilboal goVernnientril(bapfUrk'byt4ingthe::! Arfop90:,aption,atjnis.tinle24A)SejhiS.,s'sebti9n tO,d'eSbribe-thp,prOjeOtl\fT 2-.,s.:Ossm4genci (No The Public Works 13pard defines 'ert'Orriergericy=e-S.: : . . , .. • "A public works project made necessary by -a natural disaster, or an : - immedie;e:004ernergerit thrOattope;OubliC!,,beeitb and safety due to unforeseen Or unavoidable circumstances" Describe: „., • the natttr&Of tha,eniergancy in terms of a natural disaster or other :tinfbreSeen and unavoidable circumstances beyond the control of the iddai gOvernMent. _Eli ' The =nature and extent of the threat to the public health and safetyincluding..,. •', ' the number of 0e001.6 'affected,'-'-'''' , . ,.. , . # --;areaaffebted, atb. i: Whether the situation is pieseritlitausin'g substantial harm, or whether and how it,pbSes.:an -. 'eMerdeht threat to life..and:propartYsdr bOth, #, ,Why this problem needs to be-atldr90,1petbre the next regular application 'cycle for Public Works Trust Ririld Construction loan:100s. 3. Planning Applicants (No Points): Describe the conditions the community wants to create, enhance, or change. Describe the community's situation, the opportunities or problems it faces. - 1Q- .Project =Need and 0luti0n4=4Maximum''ofs34spomts The City of Yakima water system currently serves a population of approximately 65,000. The current normal source of domestic water supply for the City is the Naches River Water Treatment Plant (WTP) with a nominal capacity of 25 million gallons per day (MGD). This supply is adequate to meet the current (2006) projected maximum day demand (MDD) of 24.5 MGD (reference March 2004 City of Yakima Water System Plan Update). The three active wells (Kiwanis, Airport, and Kissel Park) have been designated in the adopted Water System Plan as emergency use supplies. Historically, examples of emergencies under which these wells would be placed into service might include a mechanical or electrical failure at the water treatment plant, icing conditions during severe winter weather, and high turbidity events in the Naches River. The emergency wells would also provide a contingency water supply in the event of a natural disaster such as the 1980 eruption of Mt. St Helens or contamination of the WTP source water with chemical or biological toxins resulting from accidental releases or malicious acts. These types of emergencies for which the Kiwanis, Airport, and Kissel Park wells are intended would generally last for only a few days or, under rare conditions, for a few weeks at the most. However, during two of the last five years (2001 and 2005), the Yakima Valley has experienced severe drought conditions. As noted above, the physical capacity of the WTP is 25 MGD which also corresponds to the water rights available for the plant in a normal water year. However, all but 10 CFS (6.5 MGD) of the WTP water rights are subject to proration or interruption during low water years. The other two natural flow water rights of 3 CFS (1.9 MGD) and 29 CFS (18.74 MGD) are post 1905 rights and in the past have been subject to interruption whenever the Bureau of Reclamation declares a water short year. At that point, the 29 CFS contract water right can be used, but it is also subject to proration. On January 20, 2005, the Court issued a Revised Order Limiting Post -1905 Diversions During Periods of Water Shortage. This order stipulates that whenever the Bureau projects less than 100% availability of water for the year, all post -1905 water rights are to be immediately curtailed. As a result of the prorations and interruptions imposed in 2001 and again in 2005, the output of the water treatment plant was reduced to 11.9 MGD In 2001 and to 12.5 MGD in 2005. In order to meet the water system demands during the summer months during these water short years, it was necessary to run all three of the emergency wells almost continuously. Including the emergency wells, the total supply capacity during 2001 was 23.5 MGD and in 2005 it was 23.6 MGD. While drought conditions could be considered an "emergency", these emergency wells were never intended, nor were they designed for continuous duty as was necessary during these extended drought periods. They are not equipped with stand-by generators and are not set up to add fluoride as is required by a 2001 voter referendum. The current maximum day demand (MDD) together with the current sources of supply and the proposed new well are shown graphically in Figure 1. As Figure 1 illustrates, the total supply capacity with all three emergency wells in operation was about 1.0 MGD less than the projected 2006 MDD. Such a relatively small shortfall in supply capacity could most likely be handled by managing the available reservoir storage capacity. However, if one or more of the emergency wells failed, if there was additional proration or interruption of the surface water rights, or if there was a mechanical problem at the WTP, there _ 9n _ would likely be significant water shortages which could not be handled by reservoir storage management. `The addition of the proposed well will not eliminate the possibility of shortages during drought years, but it will be a significant step towards improving the reliability of the water supply for the City of Yakima. It would also allow at least one of the existing wells to be maintained in a true emergency use status even during severe drought conditions as were experienced in 2001 and 2005. 30.0 25.0 20 0 C7 15.0 2 10.0 5.0 0.0 �� eo�o � °°ae\ o �fiafifi° fide �a��e y co� °s 6 �x � ` i._\* ,:_se t,_01. °`oe`o' ee�\y r1 Q o z`. �� x4' Figure 1 Current water supply sources and proposed new well in relation to current (2006) Maximum Day Demand (MDD). All quantities are in MGD except as noted. The alternatives for developing new supply sources for the City of Yakima water system are limited by water rights considerations. As mentioned above and as explained further in the 2004 Water System Plan Update, the City of Yakima holds a number of water rights that supply the City's domestic and municipal irrigation distribution systems. All of the City's surface water rights are currently under the jurisdiction of the Yakima County Superior Court as part of the surface water rights adjudication, Ecology v. Acquavella, et al. On November 21, 2002, the Court issued a Conditional Final Order that approves a proposed settlement of the City's Naches River water rights diverted at the Naches River Water Treatment Plant and at Nelson Bridge. As previously noted, each of these surface water rights is subject to proration or interruption with the post -1905 rights being the most vulnerable. Ideally, any new source of normal water supply would not be subject to proration during low water years and would be available year around as a large portion City's current surface water - 91 - 25.0 24.5 4.3 4.2 4.0 4.2 °4 3? 4 0 3.4 Xi -IV, dao 119 — 11 9 !11.9 `'.; 01.9 t; 4 0 4.2 4.3: 3.4 �� eo�o � °°ae\ o �fiafifi° fide �a��e y co� °s 6 �x � ` i._\* ,:_se t,_01. °`oe`o' ee�\y r1 Q o z`. �� x4' Figure 1 Current water supply sources and proposed new well in relation to current (2006) Maximum Day Demand (MDD). All quantities are in MGD except as noted. The alternatives for developing new supply sources for the City of Yakima water system are limited by water rights considerations. As mentioned above and as explained further in the 2004 Water System Plan Update, the City of Yakima holds a number of water rights that supply the City's domestic and municipal irrigation distribution systems. All of the City's surface water rights are currently under the jurisdiction of the Yakima County Superior Court as part of the surface water rights adjudication, Ecology v. Acquavella, et al. On November 21, 2002, the Court issued a Conditional Final Order that approves a proposed settlement of the City's Naches River water rights diverted at the Naches River Water Treatment Plant and at Nelson Bridge. As previously noted, each of these surface water rights is subject to proration or interruption with the post -1905 rights being the most vulnerable. Ideally, any new source of normal water supply would not be subject to proration during low water years and would be available year around as a large portion City's current surface water - 91 - rights are subject to seasonal time of use limitations. The one existing groundwater right, which is currently not fully utilized, is the Ranney Well right. The original Ranney Well water right was for 5000 gpm and can be used year around. Of this 5000 gpm, 2000 gpm will be transferred to. the Kissel Park Well. This leaves 3000gpm, which could be transferred to a new well. Under current regulations, the Ranney Well would likely be considered groundwater under the influence of surface water and therefore not suitable for domestic use without additional treatment. A new 3,000 gpm deep well would enable the City to beneficially use this existing water right, thereby providing the additional year round source which is needed and assuring that this right is not lost in the future for failure to put it to use as required by state water law. The Ranney Water Right Transfer Application and Report (Golder & Associates, 2005) identified three potential sites for the proposed new well. The sites considered were Elk's Park, Gardner Park, and the Southeast Yakima site, two of which are currently owned by the City. The Southeast site would need to be acquired. Of the three, Gardner Park is recommended as the preferred location. The preference for the Gardner Park site is based on hydrogeological engineering considerations as well as its location in the distribution system. Since it is located in the southeastern section of the service area it could satisfy demand in this area which might otherwise require additional reservoir storage and/or additional distribution and transmission mains. The new well would include a standby generator and a fluoride feed system to insure that it would be available for uninterrupted year around operation. Engineering work related to the water right transfer and preliminary engineering for the new well are on-going with completion schedule for July 2006. All three of the sites evaluated for the new well together with the Kissel Park and Ranney Well site are shown on the attached Project Map. 111 The immediate need for the proposed new well is to improved the reliability of the City's water supply for meeting current demands during water short years such as 2001 and 2005. The construction of this new well, by itself, will not avoid the need to develop additional sources of supply to meet future demands as described in the 2004 Water System Plan Update and as summarized below in Figure 2. Aquifer Storage and Recovery (ASR) has been identified as a feasible means to provide additional groundwater supply capacity in the future to further increase the reliability of the existing water supply during drought conditions or other emergencies and to meet future demand (Aquifer Storage and Recovery Pilot Test and Feasibility Study, Golder & Associates, 2002). The City's on-going Conservation Program is also expected to be an important factor in enabling future water system demands to be met within the service area (reference March 2004 Water System Plan Update). - 99 - 35 30 25 0 20 2 c 10 5 0 2000 2005 2008 2010 2015 2020 2022 2025 Figure 2 City of Yakima Water System projected Maximum Day Demands (MDDs) through 2025 (source: March 2004 Water System Plan Update). • 2022 Total MDD = 30.66 MGD -12008 Total MDD =25.04 MGD &j •l S+ 2i; ':w :is 2000 2005 2008 2010 2015 2020 2022 2025 Figure 2 City of Yakima Water System projected Maximum Day Demands (MDDs) through 2025 (source: March 2004 Water System Plan Update). • Section 5::Local Mane erke:ncl,Total Points 60). General Instructions: Local Management Performance: • It is the policy of the Public Works Board to promote properly maintained, administered and managed infrastructure systems. Please Note. If you are applying for a storm water project but do not have a storm sewer system, you may refer to the road/street system when answering these questions. Or if you have a combined storm/sewer system, you may reference sewer system when answering these questions. There are two sections within the Local Management Performance section: A. Ready -to -proceed status 1 For Construction Applicants (maximum of 6 points) 2 For Pre -Construction Applicants (maximum of 6 points) 3 Not required for Planning and Emergency Applicants B Local Management Effort 1 System Maintenance and Operations (maximum of 18 points) 2 Administrative, Financial, and Planning (maximum of 18 points) 3 System Capital Improvements (maximum of 18 points) a. Each component has two questions, one dealing with past Improvements/Activities and one dealing with future Improvements/Activities b A restorative option allows the jurisdiction to explain why it did not have four past Improvements/Activities or is not planning to make three improvements/Activities in the future. Examples of when to use the restorative option: a. If the system was formed in the last year, it may not have past improvements. If the situation is adequately explained, the newly formed system may receive all of the points. b A jurisdiction may not need to make capital improvements to the system in the next five years other than the proposed project • c Construction and Pre -Construction Applicants: This section is worth a total of 60 points. Restorative Points may be awarded for the answer if the reason is legitimate and adequately explained Emergency Applicants: This section is not scored, but is required. Important Notes: * All questions are important and must be answered * All answers must stand-alone * Fill out all questions completely * Do not submit plans or similar documents, but clearly reference them 1 Do not separate one Improvement/activity into multiple components For example, if four streets are repaved under one contract, then the repavement project is considered one improvement, not four. However, if a system is being upgraded through a number of phases and each phase will be contracted for independently, then each phase is a separate improvement. If you have questions about making this determination, contact your Client Service Representative 2 Do not use the same Improvement/activity more than once. A pipe replacement is either a maintenance project or a capital improvement project. It cannot be considered both 3 Jurisdictions applying for storm sewer system improvements which do not have a storm sewer utility or which have created a utility in the last year may use road system improvements to respond to the Local Management Performance questions, or if you have a combined storm/sewer system, you may reference sewer system when answering these questions 4 Use a specific START DATE for all Improvements/Activities (month/year) for both past and future 5 Cite four and only four Improvements/Activities in the past activity area, and three for future The first four/thre Improvements/Activities listed in the application will be used to determine the score for the question. 6 Include planning activities in the Administrative & Financial/Planning Section. 7 If a system is taking over another system, use the "history of the system that is acquiring the system" to respond to the appropriate questions _9d_ SOctiori'5;'LoCat-Mai-i4gpolieOf`—:cpt4foRpcf, -A. -,Fieat1inei-r6=Proceecl (Maxirnqm qffi points) • -,, 1. For Coilptryctign Applicppons„ only Readiness,To:Proceed.c6odinth,maxi.'rr:.i:t4rTly Tim01i110`far All 1-00.pprIpe*6„t!vAt:Tirne'Of'Appli6ati6ri7..: Applicant certifies that all applicable permits are in hand (6 points) --- Applicant certifies that engineering/design is complete (5 points) Applicant certifies that Cultural and Historic and or Environmental Review is complete (3 points) Applicant certifies that engineering/design is started (2 points) Applicant certifies that project is in a current and adopted Capital Facilities Plan (which meets the Boards criteria on page 8 (C.)) (1 point) Project is in concept stage (0 points) 2: ,,FOi•.Pepit,C9iittitictipti:-ApplicOgn$, Only, Readiness-Tordce-ed-(6-1Doint&rilaxitilurr)1„, Applicant certifies that project will get permits approved (6 points) (These activities must be in the Scope of Work) Applicant certifies that project will complete engineering and design (4 points) Applicant certifies that project will complete cultural and historic review (3 points) Applicant certifies that project will start engineering and design (2 points) Applicant certifies that project is in a current and adopted Plan (which meets the Boards criteria on page 8 (0.)) (1 point) Project is in concept stage (0 points) (Applicant certifies by signing the Applicant Certification form on page 30) • Section`5 Local Managerpent'= contiriyc g ..,.:.,,en (, ,.x.... ,, um:';of X54 poi nts) . B. Local Mana ement ;Effort Maxim "� stem. am eranceY& Operations ==Maximum>o onsesmustberfor-thesystemwhic` dints applyin De'scribe°fou , (t4) distinct improvement§.- ade -toahe oron-going?actiuities:undertaken'by the;systeiam in the maintain'or,imp'roue the,sytem s$•r�eli'ability or-perfq"rm month nci ea`rtlaf, z ..,°: .:,...,,.:,,,. _ ..3 a y. the examples:..1 b an or. occurreEd r�Pastlmprov ernent/activity rorty=Janua j1; 20024ol.a c plicationosubmi. 1 Distribution System Leak Detection 2. Install Chlorine Residual Analyzer at Second Level Pump Station 3. Replace Filter Effluent Turbidity Meters 4. Replace Telemetry Radios and Antennas Restorative: If you are unable to give four examples, please explain why: 7/2002 1/2005 2/2005 3/2006 1. Distribution System Valve Testing and Exercising Program 6/2007 2. Fire Hydrant Testing 6/2007 3. Large Water Meter Calibration and Testing 8/2007 Restorative: If you are unable to give three examples, please explain why: • _9R_ Li eage me n , .nti nue, ,,, O.14! )(!rflUtTlipt, ffii1E§, IXMV''';',V•dietN.V.4.iraalitaA4'..'Wk4griF ,e, bgAIV,:egtzt.,•-.I' ' litesponsesmupttie6for3thd.systemiw,, ' ou-Af.e.a001;:ifi Ori 0a,nbial-;:a'§!:t ' . ..,71" ",i.k.'W''...1.: 4;4... '•• . :,'•,, ••,-4::<•'4 S:01,:tik,.. • "i ' ! isXnetim.,,,r,OSippb eRtkorAhia,-0,19 eti.,:(100,S.g.,14-r.?-rij-9, ,,P,PP:9§0P----,0110,0,i12:j.7„ Wrs.'igi'eifrillii,t elStako,rdiffire.e:clk:85.Prit:.c.th-,:ettr#6il ',..,,4tjf34.o.:40-.:41:;:00,-(00:411,0-*siofil$,:tihar41440e ,,, ---4,Stri'4,-L,*;,-,-1•,,,,ki:W.1 'i.Viil.w.-,,4..1,..1,-) , 4: .4-4-,., 4v. --.2,4-Ni • • '-•- - '' - ... 4.. 4-- , 4.4.- .-.. ,:.4';..,..- ..q) , ,: iniSltatiVeJan .Or: anriih'g'idtatUsWBesurAo-,;indiCate,,.; ARTInonth,an - earthat,t' ,57a,-alzi.-r .1,,,,,„,„rd.,„,.,,w4.-rms.,Ariai-4,41,4%:,,. ekam a I e_Sii e cutre 'iorowillitb,e0inioroccr,,, ,,:t•,,,,.„.A.„.-,,,--....,- - ,,, rnent/Activity , ,ronrjanua12OD2t»asTlidthiMe'u mi 1. Update to the Water System Plan as required by RCW 43.20.050, RCW 90.54.180 3/2004 2. Cost of Service and Rate Study 7/2004 3. Ranney Water Right Transfer to New Well for this Application 9/2006 4. Report and needs analysis for new utility billing system 10/2006 Restorative: If you are unable to give four examples, please explain why: lic,,,dtro'h7T1AslirnititialhblEY4cember.,-3i. 1. Update the Water System Emergency Response Plan 7/2007 2. Cost of Service and Rate Study 10/2008 3. Update to the Water System Plan as required by RCW 43.20.050, RCW 90.54.180 3/2010 Restorative: If you are unable to give three examples, please explain why: • - 97 - Section 5 ;Loca ana,gement.—ontinues System;Capital Improvement�-aximokii,v 18 -,points. =(All responses:imust` be3for :the systen%wtich you are,a escribe four at:maintain e exam ill es is Inc ,ca de ar ex an e, systerhi eoan er ceeurred or wi rriJantii ee imer/we, rovemgnt/ ttivi a a a plpatiort submit recto in 1. Design and construct fish barrier (screens) at the Water Treatment Plant river intake 2. Construction of improvements to the Water Treatment Plant Chemical Feed Systems, including Chemical Containment 3. Design and construct improvements to the Water Treatment Plant filter pipe gallery 4. Phase 1 of Pipe Replacement for 2nd Level Reservoir System Restorative: If you are unable to give four examples, please explain why: .Fu (mprovemeent/ t vi11..464 tt' hcation,.submittaI4tti ecernber 1. Design and construct New groundwater well 10/2002 11/2004 2/2005 2/2007 2. Design and construct improvements to the Water Treatment Plant filter backwash water storage lagoon and wastewater recycle system 6/2008 10/2008 3 Design and construct enhanced ultra violet disinfection at the water treatment plant 8/2009 Restorative: If you are unable to give three examples, please explain why: -7R- P.LICANT'CERTI FLCATi enREAS, The City of Yakima, is applying to the Washington State Public Works Trust Fund program for a low-interest loan eligible project; and WHEREAS, RCW 43 155 070 requires that applicants planning under RCW 36 70A.040 must have adopted comprehensive plans in conformance with the requirements of chapter 36 70A RCW, and must have adopted development regulations in conformance with the requirements of chapter 36.70A RCW, and WHEREAS, RCW 70 95 requires a comprehensive Solid Waste Management plan be adopted by the city or county; and WHEREAS, RCW 43.20 050, requires that applicants have a current water system plan, and WHEARAS, the applicant certifies that it has a currently adopted plan for each and every one of the systems it owns and operates and that these plans fully conform to the specifics within this application, and WHEREAS, RCW 43 155.070 requires that county and city applicants must have adopted the local optional one-quarter of one percent Real Estate Excise Tax, as described in Chapter 82 46 RCW; and WHEREAS, the applicant states that their Capital Facility Plan is consistent with the Comprehensive Land Use Plan of the jurisdiction in which they provide service, and WHEREAS, the local governing body has approved submission of this application for a Public Works Trust Fund loan, and WHEREAS, the applicant recognizes and acknowledges that the information in the application forms is the only information, which will be considered in the evaluation and/or rating process Incomplete responses will result in a reduced chance of funding In order to ensure fairness to all, the Public Works Board does not accept any additional written materials or permit applicants to make presentations before the Board, and EirilEREAS, it is necessary that certain conditions be met as part of the application process; and REAS, RCW 43.155 060 requires that the project will be advertised for competitive bids and administered according to standard local procedure, and WHEREAS, the loan will not exceed the maximum amount allowed by the Board of eligible costs incurred for the project; and WHEREAS, any loan arising from this application constitutes a debt to be repaid, and Rita DeBord,.Director of.Finance and Budget; has reviewed and concluded it has the necessary capacity to repay such a loan, and WHEREAS, the information provided in this application is true and correct to the best of the government's belief and knowledge and it is understood that the state may verify information, and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent loan agreement(s); and NOW THEREFOREtTI:CatitOtYakiMai certifies that it meets these requirements, and further that it intends to enter into a loan agreement with the Public Works Board, provided that the terms and conditions for a Public Works Trust Fund loan are satisfactory to both parties Signed: Title: Phone Number Date ATTEST • R A. Zais, Jr. City Manager 509-575-6040 -9c- ember or Cona 4, OM) WHEREAS, David Brown has prepared this application for a Washington State Public Works Trust Fund loan; and WHEREAS, the preparer recognizes and acknowledges that the information in this application is the only information that will be considered in the evaluation and/or rating process. Incomplete responses will result in a reduced chance of funding, and that in order to ensure fairness for all, the Public Works Board does not accept any additional written materials or permit applicants to make presentations before the Board; and WHEREAS, the information provided in this application is true and correct to the best of the preparer's belief and knowledge; and NOW THEREFORE, David Brown recognizes and acknowledges the above declarations and certifies that this application meets the above requirements. Signed. Title. Phone Number: Date: ATTEST: Water/Irrigation Division Manager 509-575-6204 • • • Are you using the correct application (2007-2009) PWTF Program Application Have all questions that apply to the project you are requesting funds for been answered? Have you attached a Project Map? Has someone else reviewed the application? Have you attached any relevant resolutions or ordinances? Have you signed the Applicant Certification? Have you signed the Preparer Certification? Have you made and included the appropriate copies and 1 original? O s • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 2-0 For Meeting of April 17, 2007 ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute documents and agreements pursuant to a loan application to the Washington Public Works Trust Fund for $2,257,200 to drill a new 3,000 gallon per minute water supply well. SUBMITTED BY: Dave Zabell, Assistant City Manager Dave Brown, Water/Irrigation Division Manager CONTACT PERSON/TELEPHONE: Dave Brown, 575-6204 SUMMARY EXPLANATION: The City of Yakima Water/Irrigation Division requests Council approval to apply for a $2,257,200 loan from the state Public Works Trust Funds for a new 3,000 gallon per minute water supply well. This application would be for 2008-09 funds, with the work scheduled to be completed from 2008 to 2009. In order to secure the lowest program interest rate of 0.5%, the City is required to provide a local match (from non -grant sources) of at least 15%. The Water/Irrigation Division is proposing the match of $400,000 be provided from its Capital Improvements Program budget (reserves). The total project cost is estimated at $2,657,200. The scope of work for the includes: • Conduct study to determine exact location for well, including hydrogeology and distribution system analysis and preparation of drilling bid specifications. • Design of well including pump and building • Drilling well, installing casing and screens o Installing pump o Building new pump house • Mechanical and electrical connections • Telemetry connections Cont... next' page Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source 474 Water Opting Fund & Public Works Trust Fund APPROVED FOR SUBMITTAL: ���`� City Manager STAFF RECOMMENDATION: Staff respectively requests adoption of resolution BOARD/COMMISSION RECOMMENDATION. COUNCIL ACTION Cont.. from first page • Connection to water distribution system •. Install Disinfection • Install Fluoride • Backup Generator • Treatment for taste & odor and/or iron & manganese • Define Wellhead Protection area and modify Wellhead Protection Program • Decommission Ranney Well These improvements are consistent with, and well as the 2004 Water System Plan. identified in, the 2004 Cost of Service and Rate Study, as With Council approval staff will submit the application by May 7, 2007. The project funding list will be announced this fall and must be approved by the legislature in the 2008 session. • • 1069 CONTRACTS Contract Title Public Works Trust Fund Construction Loan Agreement Contracting Party Washington State Public Works Board Purpose New Water Well for City of Yakima Water System Originating Division Water Staff Liaison Dave Brown Amendments Effective Date Eff. Date Explanation Approved 3/18/08 Expiration Date 07/01/2028 Exp. Date Explanation Dollar Amount 2,257,200.00 Dollar Amt Explanation Contract ID 2008-052 Resolution ID R-2007-60 Insurance (yes/no) Insurance Expires Insurance Name File Location No. C 08 051 Archive Info Comments Approved in 2007 but no contract until 2008