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HomeMy WebLinkAboutR-2011-121 Industrial Waste Conveyance System Extension; Public Works Trust Fund Loan (FUNDING RESOLUTION)RESOLUTION NO. R-2011-121 A RESOLUTION authorizing the Interim City Manager to make application for a Public Works Trust Fund Construction Loan (PWTF) in the amount of $2,000,000 at 0.5% interest for 20 years for the extension of the industrial waste conveyance system to serve existing and future industrial customers between SR12 and Fruitvale Blvd. WHEREAS, the City of Yakima owns and operates wastewater collection and treatment facilities in accord with applicable federal, state and local regulations; and WHEREAS, innovative approaches to environmental compliance are important in seeking and implementing lower cost solutions; and WHEREAS, conceptual and pre -design development, detailed design, implementation, bid and construction -related services along with other engineering assistance will be required to construct innovative solutions to environmental requirements; and WHEREAS, the attached PWTF application seeks to expedite the extension of a dedicated industrial conveyance system to allow strong industrial waste streams to be isolated from the domestic sewers for more efficient and effective treatment; and WHEREAS, this conveyance system addition works with the planned bio -reactor project to increase existing treatment plant capacity off -setting approximately $10,000,000 of capital expenditures for infrastructure at the treatment plant, and provides economic incentives for industries to develop in our community, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Interim City Manager is hereby authorized to make application for a Public Works Trust Fund loan in the amount of $2,000,000 at 0.5% interest and term of 20 years to finance the extension of the industrial waste line to serve industrial customers between SR 12 and Fruitvale Blvd. ADOPTED BY THE CITY COUNCIL this 19th day of July, 2011. ATTEST: Micah Cawley, Mayor City Cler BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 60w /( 2O( Item No. l9 A For Meeting of July 19, 2011 ITEM TITLE: Resolution Authorizing the City Manager to sign and submit an application for a Public Works Trust Fund Loan for Design and Construction of the Extension of the City's Industrial Waste Conveyance System SUBMITTED BY: Scott Schafer, Wastewater Manager Dean Smith, Utility Project Manager Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Dean Smith/575-6077 SUMMARY EXPLANATION: The City of Yakima Wastewater Division recently was presented with an opportunity to apply for a Public Works Trust Fund (PWTF) construction loan, which is designated for non -road, street and bridge projects. This application would allow an expedited extension of the Industrial waste conveyance system to serve current and future industrial waste customers in the northern area of our city between SR12 and Fruitvale Blvd. The amount of the loan application is for $2,000,000 at a rate of 0.5% interest and a term of 20 years. This project is a portion of a larger effort that separates high strength fruit processing waste streams from domestic sewage lines. Separating these waste streams allows the City to more efficiently and effectively treat wastewater from our community in a special, dedicated bio- reactor which is currently being designed and scheduled to be constructed by the end of 2012. Building increased capacity at the treatment plant using current treatment approaches would cost significantly more. This process will help stabilize our rates and provide development opportunities and associated economic benefits by attracting industries to locate along this industrial waste Zine in areas designated for industrial uses. Resolution X Ordinance _ Other (Specify) PWTF Application Contract Mail to (name and address): Phone: Funding Source: WW Facilities Proiect (478 Fund) Budgeted APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council approve the attached resolution authorizing the Interim City Manager to sign the PWTF Loan Application. BOARD/COMMISSION RECOMMENDATION: Council Committees have been briefed on the bio -reactor treatment concept discussed above. COUNCIL ACTION: 126,0 Page 1 Washington State Public Works Board Public Works Trust Fund Construction Loan Application FUNDS AVAILABLE ONLY UPON GOVERNOR AND �----� 2012 LEGISLATIVE APPROVAL FOR THE 2013 FISCAL YEAR STARTING: JULY 1,2012 Eligible Jurisdictions Eligible Systems How to Apply • Counties, Cities, and Towns • Water Districts • Sewer Districts • Public Utility Districts • Other Districts (excluding Ports and School Districts) • Domestic Water Systems • Sanitary Sewer Systems • Storm Water Systems • Solid Waste and Recycling Systems NOT ELIGIBLE: Roads, streets, and bridges • Hardcopy application (this Word file) — submit this form, also found at www.pwb.wa.gov/ Construction Due Date: Postmarked or Maximum Amount per Delivered on or before Jurisdiction per Biennium Hardcopy Application Submittals JULY 21, 2011 6PM PST $10,000,000 Submit one signed original and a CD with the application in Microsoft Word format Mail/Ship/Hand Deliver to: Public Works Board 1101 Plum Street South East PO Box 42525 Olympia WA 98504-2525 360.725.3150 For more information on the PWTF loan programs and for the PWTF Application Guidelines, please visit the Public Works Board's website at www.pwb.wa.00v. APPLICATION REQUIREMENTS/CHECKLIST Items that will cause the application to be rejected ❑ If the applicant municipality is planning under the Growth Management Act (GMA) RCW 43.155.070, has compliance, as of July 21, 2011, with GMA been verified? X Yes ❑ No ❑ Don't Know Verify with your Planning Department ❑ Has the Applicant Certification form been read and signed by the appropriate authority? Attach original signed document. This must be signed in order for the application to be accepted for review. ❑ Has the Preparer Certification form been read and signed by the appropriate authority? Attach original signed document. This must be signed in order for the application to be accepted for review. ❑ Has the applicant adopted a policy to reduce greenhouse gas emissions? X Yes ❑ No SEE GUIDELINES FOR DETAILS TITLE OF POLICY: DATE OF ADOPTION: ATTACH THE POLICY: X Yes I I No IF NO, FORWARD BY NO LATER THAN 6PM AUGUST 4, 2011 Items/Actions to ensure a complete application ❑ Have you read the PWTF Application Guidelines? This document contains all the necessary information to assist you in applying for a PWTF loan. To download the current PWTF Application Guidelines go to www.pwb.wa.gov. El Have all questions applicable to your type of system been answered? Unanswered questions receive no points. Submitted information will be verified by Public Works Board staff. O Have you verified the accuracy of the Project Cost sum and the Project Funding sum? These figures must match and accurately reflect the sum of the costs and the sum of the funding. O Is all relevant documentation (i.e., proof of other funding sources, regulatory orders, moratoriums, etc) attached? ❑ Has the application been reviewed by someone other than the person who completed the application? ❑ Have you made a copy, including all attachments, of the final, signed application package for your records? ❑ Applications and modifications (additions, removals, and substitutions) are allowed until: 6PM PST, July 21, 2011 After that time, no further changes will be accepted. TABLE OF CONTENTS SECTION 1: GENERAL APPLICANT INFORMATION 1 PRIMARY SYSTEM AFFECTED BY THIS PROJECT (check only one) 1 GENERAL APPLICANT INFORMATION 1 LEGISLATIVELY REQUIRED INFORMATION. 2 MEASURES OF FISCAL CAPACITY 2 RATE BASED SYSTEMS ONLY 3 SECTION 2: PROJECT INFORMATION 4 PROJECT DESCRIPTION 4 PROJECT'S SCOPE OF WORK 4 REQUIRED PERMITS (LOCAL, STATE, AND FEDERAL) 4 PROJECT SCHEDULE 6 PROJECT COSTS 6 PROJECT FUNDING 8 SECTION 3: PROJECT NEED AND SOLUTION 10 PROJECT CATEGORY 11 GENERAL PROJECT NEED QUESTIONS 12 SYSTEM -SPECIFIC QUESTIONS 13 NEED AND SOLUTION NARRATIVE STATEMENT 16 SECTION 4: LOCAL MANAGEMENT EFFORT 18 LOCAL MANAGEMENT EFFORT (In the last 5 years) 18 STEWARDSHIP OF WASHINGTON'S NATURAL RESOURCES (RCW 70.235.070) (In last 12 months)19 APPLICANT CERTIFICATION 20 CERTIFICATION BY PREPARER OF APPLICATION 21 SECTION 1: GENERAL APPLICANT INFORMATION Public Works Trust Fund Construction Loan Application PRIMARY SYSTEM AFFECTED BY THIS PROJECT (check only one) Domestic X Sanitary Sewer Water GENERAL APPLICANT INFORMATION Storm Water Solid Waste/ Recycling 1.1 Applicant City of Yakima Wastewater Division (Legal Name) 1.2 Municipal - Corporation.0 8 5 7 p://www.pwb.wa.qov/macg listinq.asp Agency # (MCAG) 1.3 Federal Tax ID # 9 1- 6 0 0 1 2 9 3 1.4 Statewide Vendor S W V 0 0 7 1 2 2 - 0 3 Number and Suffi htto://ofm.wa.dov/isd/vendors.asp 1.5 Administrative offs Street Address 129 North 2nd Street, Yakima, WA 98901 Mailing Address - (if different from street) 129 North 2"d Street City Yakima State WA IE 9 8 9 0 1- 1.6 County 1.7 Legislative District http://apps.leq.wa.qov/DistrictFinder/Default.aspx 14th i Congressional District http://apps.leq.wa.qov/DistrictFinder/Default.aspx 4th Client's Contact Person Dean Smith 1.8 Title Utility Project Manager Mailing Address =. 2220 E Viola City Yakima StateWA Zip 9 8 9 0 1- Telephone 509-249-6814 Email dsmith@ci.yakima.wa.us 1.9 Project Title Industrial Sewer Main Extensions 1.10 PWTF Loan Requ. $2,000,000 1.11 T $3,300,000 Fiscal Year 2013 Public Works Trust Fund Loan Application Page 1 LEGISLATIVELY REQUIRED INFORMATION: 1.12 Does applicant jurisdiction (cities and counties only) have guidelines to process development permit requests? AND Does applicant jurisdiction abide by the guidelines set for processing permits? The guidelines should include: •The length of time between permit application submission and permit decision •The information necessary to make a complete permit application •A written explanation for denying a permit application, if applicable Review section 1(2), Chapter 231, 2007 Laws of 2007: http://www. leq.wa. qov/pub/bi lli nfo/2007-08/Pdf/Bills/Session%20Law%202007/5508. SL. pdf (Not a scored question, but the Board may take this into consideration during deliberation of the construction loan list as a balancing factor.) X Yes No El N/A MEASURES OF FISCAL CAPACITY The next series of questions is intended to establish the level of the applicant's fiscal capacity to incur debt. 1.13 Has the applicant experienced severe fiscal distress resulting from a natural disaster (e.g., Governor declared emergency) or emergency public works need in the past 12 months? If Yes, describe below. (Not a scored question, but the Board may take this into consideration during deliberation of the construction loan list as a balancing factor.) ❑ Yes X No The event(s) NA When occurred Fiscal distress caused 1.14 Describe short- and long-term fiscal management strategies, which the applicant jurisdiction uses to maximize its ability to finance the system described in this application. The response must address the primary system identified at the top of this application. (Max 1 point) Rate based. Sewer rates the Capital Improvement of future and existing Industrial are set by ordinance and are regularly adjusted by City Council to support Program for the Wastewater Department. Connection fees and annual rates customers will collected to cover operations and maintenance costs. Fiscal Year 2013 Public Works Trust Fund Loan Application Page 2 RATE BASED SYSTEMS ONLY THE information specific submitted The RESPONSE MUST ADDRESS THE PRIMARY SYSTEM will assist the Board in evaluating the applicant system's financial data to complete this section. This information to the State Auditor's Office (www.sao.wa.gov). data will be used to calculate the ratio of debt, cash, and capital Number of people in Number of people served jurisdiction: 98,000 system in 2010. 118,000 IDENTIFIED AT THE TOP OF THE APPLICATION. This financial capacity to incur debt. Please use system may be found in the applicant's balance sheet as per capita. 1.15 by the Percentage of people in the system affected by this project 100% Total operating revenue for the system in 2010. $16,441,799 Total operating expenses for the system in 2010. $14,262,083 Total outstanding debt for the system in 2010. $22,443,590 Cash and cash equivalents (deposits and all cash investments including restricted assets) for the system in 2010. $12,957,888 Land and capital assets, net of depreciation (construction in progress, building, machinery and equipment, infrastructure, and other improvements) for the system in 2010. (For those using Asset Management, not depreciation, enter annual value.) $73,553,388 THE information The RESPONSE MUST ADDRESS THE PRIMARY SYSTEM will assist the Board in evaluating the applicant system's data will be used to calculate the percent of monthly household IDENTIFIED AT THE TOP OF THE APPLICATION. This source of revenue. income dedicated to utility services. Year Rate 1.16 List the average monthly rate per Equivalent Residential Unit (ERU) 2010 $38.38 2009 $37.54 2008 $36.42 2007 $36.32 2006 $35.92 If rates have not changed over the last five years, why not? NA 1.17 What will be the estimated average residentcus'ers monfiiy rate upon project completion? $40.34 (Not a scored question. Response is used to aid in the determination of Affordability Index (Al). See guidelines for more information about the Al.) Fiscal Year 2013 Public Works Trust Fund Loan Application Page 3 SECTION 2: PROJECT INFORMATION PROJECT DESCRIPTION 2.1 I In 150 words or less, please describe the project to be completed. (Not scored) Isolate existing and future industrial discharges for more efficient and effective treatment which will result in keeping rates down and higher level of treatment to protect the environment, specifically the Yakima River. This project will also enable the City to increase the usage of the Industrial Waste Bioreactor to a year round operation, which will enhance biogas production for beneficial use to provide heat for process needs, including a biosolids dryer which will produce a Class A biosolid from the sludge collected in the wastewater treatment plant. The Class A sludge is a recognized fertilizer product which will be marketed commercially. PROJECT'S SCOPE OF WORK 2.2 Describe in detail all the activities required to complete this project. This should include only the contract deliverables, e.g., number of feet and size of pipe to be laid, etc. The activities listed here will be incorporated into the loan contract should this project be selected for funding. Do not use this section to explain the problem. The activities listed here must correspond with the 1) project schedule, 2) project costs, and 3) project funding. (Maximum of 4,000 characters including letters, spaces, and punctuation — 1 page with 1 inch margins and 61 lines is approximately 4,000 characters. SEE GUIDELINES) witti sca•ledoi+e, Costs, funccinand •ermittin Project includes 3 portions of the Industrial Sewer Main to be extended as follows: • Madison Avenue Industrial Sewer Main — 4th Ave to Fruitvale Blvd.: This portion includes extending the existing Industrial Sewer Main with 9,800 LF of 12" pipe, 500 LF of 8" pipe, 500 LF of 6" pipe, associated manholes, boring for railroad crossing, and affected road restoration. Total estimated cost: $550,000. • H Street Industrial Sewer Force -main — 3rd Avenue to 7th Street: This portion includes extending the existing Industrial Sewer Main with 4,600 LF of 10" force -mail, associated cleanouts and manhole, boring for railroad crossing, and affected road restoration. Total estimated cost: $2,400,000. • Noel Canning Industrial Sewer Main — Nob Hill Blvd. to Arlington St.: This portion includes extending the existing Industrial Sewer Main with 1,350 LF of 12" pipe, associated manholes, and affected road restoration. Total estimated cost: $350,000. Refer to the attached map identifying end of existing IW line in proximity to vacant land which can potentially be developed for industrial purposes. REQUIRED PERMITS (LOCAL, STATE, AND FEDERAL) 2.3 List permits required for the proposed project and indicate status of each permit (e.g., applied for, pending, issued, etc.) If no permits are required, explain why not. Needs to correspond with Question 4.1 Readiness -to -Proceed. Attach additional pages if more than five (5) permits are needed for the project. For assistance with permitting requirements, contact the Office of Regulatory Assistance or go to http://www.ora.wa.gov. (Required Permits is not scored, but will be cross-referenced with Readiness -to -Proceed and may impact scorin associated w A • ceed Permit Expected Date Submitted Expected Date Issued or Received Status 1. Railroad 1st Half 2012 2. Stormwater e Half 2011 1st Half 2012 2nd Half 2011 Not Started Not Started 3. Building 2nd Half 2011 rd Half 2011 Not Started Fiscal Year 2013 Public Works Trust Fund Loan Application Page 4 If no permits are reetiVed,' please explain why not. Fiscal Year 2013 Public Works Trust Fund Loan Application Page 5 PROJECT SCHEDULE 2.4 Indicate the month and year when the activities were or will be completed. Schedule should clearly correspond to Question 4.1 Readiness -to -Proceed in the Local Management Effort section. (Project Schedule is not scored, but wain be Bross-reterertceu with Etesainess-to-Proceed aria may impact Cost Category scorin associated with Readiness -to -Proceed. Activity Current Status % Complete Completion Date (Mo/Yr) Engineering Report In Progress 10% 3/2012 Cultural and Historical Resources Review (Section 106 or Executive Order 05-05)' N/A Public Involvement/Information $0 Environmental Review Not Started 0% 3/2012 Land/Right-of-Way Acquisition Not Started 0% 7/2012 Permits Not Started 0% 7/2012 Public Involvement/Information Not Started 0% 10/2012 Bid Documents Not Started 0% 10/2012 Award Construction Contract Not Started 0% 11/2012 Construction Start Not Started 0% 11/2012 Construction Complete Not Started 0% 12/2013 Project in Use Not Started 0% 12/2013 Investment Grade Efficiency Audit (if applicable): N/A Other: Other: PROJECT COSTS 1 The EO 05-05 requires recipients of state funds to consult with interested parties (i.e., Department of Archaeology and Historic Preservation, and Indian Tribes) prior to starting project construction. For PWTF construction loans, this consultation should take place as early as possible, in order to avoid delays in starting the project construction. If you have questions regarding this process, please contact Stephen Dunk at (360) 725-3157 or email him at Stephen.Dunk@commerce.wa.gov. Fiscal Year 2013 Public Works Trust Fund Loan Application Page 6 Total Estimated Project Cost must equaTTotal Projecfiding in Question 2.6. The Project Costs table will become a part of the loan contract, should this project be approved for funding. (Project Costs is not scored, but will be cross-referenced with Readiness -to -Proceed and may impact orin ! associated with Readiness -to -Proceed. Cost Category Amount Engineering Report $100,000 Cultural and Historical Resources Review (Section 106 or Executive Order 05-05)' $0 Environmental Review $0 Land/Right-of-Way Acquisition $0 Permits $100,000 Public Involvement/Information $0 Bid Documents $500,000 Construction $2,250,000 Other Fees (Sales or Use Taxes) $0 Contingency (15%) $350,000 Investment Grade Efficiency Audit (if applicable): $0 1 The EO 05-05 requires recipients of state funds to consult with interested parties (i.e., Department of Archaeology and Historic Preservation, and Indian Tribes) prior to starting project construction. For PWTF construction loans, this consultation should take place as early as possible, in order to avoid delays in starting the project construction. If you have questions regarding this process, please contact Stephen Dunk at (360) 725-3157 or email him at Stephen.Dunk@commerce.wa.gov. Fiscal Year 2013 Public Works Trust Fund Loan Application Page 6 Other: $ Other: $ TOTAL ESTIMATED PROJECT COST $3,300,000 Fiscal Year 2013 Public Works Trust Fund Loan Application Page 7 PROJECT FUNDING 2.6 The Total Project Funding must equal the Total Estimated Project Cost in Question 2.5. Construction applicants must have local matching funds unless applicants have an Affordability Index of greater than 2.01% (see guidelines). The minimum local match for those with an Affordability Index of 2% or less is 5% of the total project funding. Refer to the PWTF Application Guidelines for more information on Affordability Index criteria. List the local matching funds in the Loans and Local Revenue sections below. Please state the status of the project's funding sources as follows: • Funds are Planned for if they are found in a formally adopted Capital Facilities Plan. • Funds are Applied for if a formal application has been submitted to a funding source, and the funding source considers that application or funding request as having been submitted (attach notification from funder that application has been received). • Funds are considered Awarded if a formal notice of approval for the funds is in place from the funding source (attach letter from funder or contract number). Local revenue must be in an approved budget to be considered in -hand. The Project Funding table will become a part of the loan contract, should this project be approved for funding. (F - - ,. red but will be checked for accuracy ano cross-reterenc ed with Readiness -to -Proceed Type of Funding Identify Source2 Grants (S Amount Status (Planned, Applied for, Awarded, etc.) Contract/ Reference Number TOTAL PROJECT FUNDING $3,300,000 2 If federal funds are included in the project -funding package, the project is subject to the federal Section 106 Cultural Historic Requirements. If you have questions regarding this process, please contact Stephen Dunk at (360) 725-3157 or email him at Stephen.Dunk@commerce.wa.gov. Fiscal Year 2013 Public Works Trust Fund Loan Application Page 8 Grant #1 $ Grant #2 $ Grant #3 $ Total Grants $ Lor PAW PreConstructi Non -Match Loan #1 Witch $ Non -Match Loan #2 $ Total Prior PWTF PreConstruction Loans $ fans (Staederal, Private Agency or Organization)_- Local Match This PWTF Request Public Works Board $2,000,000 Proposed Other Loan #1 $ Other Loan #2 $ Total Loans $ rDcal-------IFOkatillgrenerti Levies, Reserves, Assessments, ULID, LID, etc.) — Local Match Local Revenue #1 Wastewater Fund $1,300,000 Local Revenue #2 $ Local Revenue #3 $ Total Local Revenue unds $ Other Funds #1 $ Total Other Funds g E TOTAL PROJECT FUNDING $3,300,000 2 If federal funds are included in the project -funding package, the project is subject to the federal Section 106 Cultural Historic Requirements. If you have questions regarding this process, please contact Stephen Dunk at (360) 725-3157 or email him at Stephen.Dunk@commerce.wa.gov. Fiscal Year 2013 Public Works Trust Fund Loan Application Page 8 2.7 Are there any constraints on the identified funding sources in Question 2.6 Project Funding? If yes, please explain. 2.8 ❑ Yes X No Please describe what attempts have been made to secure resources for funding this project other than applying for this PWTF loan (e.g., applied for other grants and loans, issued bonds, etc.). Please be specific. scoredp Attempt Description Date Outcome None If no attempts have been made, please explain why not. New project Fiscal Year 2013 Public Works Trust Fund Loan Application Page 9 SECTION 3: PROJECT NEED AND SOLUTION This section includes a series of questions related to the need for the project and the proposed solution to the problem. Have thorough and complete responses. Attach any verifying information if necessary to clarify the degree of the problem (i.e., regulatory orders, negotiated letters of agreement, etc.). This is the applicant's opportunity to state the problem and its impact on the community. The information below states the Program's priorities, which are used to recommend projects for funding. • The program priority in which they fall, • Need assessment, • How well the situation is documented, and • How well the proposed solution addresses the problem. Program Priorities: Assessing Need: Supporting Documentation: Proposed Solution 1. Public health and safety 2. Environmental health 3. System performance LRepair/Replacement 4. Growth / Economic Development SEVERE SITUATION — or — CHANCE OPPORTUNITY • Project is to fix systems that have failed, are in imminent danger of failing, and/or are currently out of regulatory compliance (under an active regulatory order); • An economic opportunity has presented itself provided that the local government improves infrastructure to enable the opportunity. MODERATE POTENTIAL/ PREVENTATIVE • The project is being done to meet emerging regulatory requirements and/or the project is being done to bring a non- compliant (but not under regulatory order) system up to existing standards; • Local government is improving the local business climate for future business ex•ansion • Project is necessary for the repair or replacement (end of lifecycle) • Project is being done to enable potential opportunities for growth and/or economic development SEVERE SITUATION — or — CHANCE • Court orders • Official regulatory orders • Negotiated agreement with an external agency • A letter of commitment/intent from a business OPPORTUNITY • External agency is driving the project/timeline • Project specific formal studies and/or reports (either from an internal or external source) • A letter of interest from a business • Internal monitoring • Awareness of a problem MODERATE POTENTIAL/ PREVENTATIVE SEVERE SITUATION — or — CHANCE OPPORTUNITY • Solution clearly solves the problem • Solution clearly meets the need MODERATE POTENTIAL/ PREVENTATIVE • Solution does not solve the entire problem or fully address the need • Solution does not meet the problem or the need Fiscal Year 2013 Public Works Trust Fund Loan Application Page 10 PROJECT CATEGORY 3.1 For the applicant's primary system, as selected at the top of this application, identify the sub -category that is most affected by the proposed project. Check only one. si,(4 E= is I *. ^+. t •e: = tion during deliberation of the c� . r .! � :_ •an list as %a' baiancin _ Domestic Water Primary Supply or Source Secondary Supply or Source Storage or Reservoir Transmission Distribution Sanitary Sewer 8 points Treatment/ Reclamation 6 points X Interceptor or Trunk Line 4 points 2 points ❑ ❑ Pump Collector Lift Station Telemetry or Equipment Conservation or Other Storm Water 8 points 6 points 4 points oints Treatment Storage or Detention n ❑ Interceptor or Collector Trunk Line Other Solid Waste! Recycling 8 points 6 points 4 points 2 points 1 point Remedial Action ❑ ❑ ❑ Final Transfer Waste Disposal Station Reduction or Recycling Other Telemetry or Conservation Equipment or Other Fiscal Year 2013 Public Works Trust Fund Loan Application Page 11 GENERAL PROJECT NEED QUESTIONS The Be thorough answers to Questions 3.2 through 3.7 must relate to the primary system as identified at the top of the application. and complete when responding. 3.2 How old are the components What are the component What is the condition of the system being corrected by the project? materials and what are they made of? components, which are being corrected by the project? Example: 40 years old Example: asbestos cement pipes Example: Deteriorating: they crumble when flushed for routine maintenance. NA 3.3 What are the impacts the existing project is not completed? situation has, or will have, on the system's operation and expenses, if this species, if NA and/or endangered 3A What are the impacts the existing situation has, or will have, on the environment this prpject is not completed? NA with any other organizations/agencies? and describe the roles of each 3.5 Is this project being done in partnership If Yes, please identify the partner(s) See Guidelines for details. www.pwb.wa.gov/FORMS.HTM partner. ❑ Yes X No (The Board may take this into consideration during deliberation of the construction loan list as a balancing factor.) PARTNER ROLE X Yes ❑ No 3.6 Is this project being done to comply with emerging/maintaining/anticipating regulato re• uirements or economic o• •ortunities? If es, 'lease describe. By separating the industrial waste flows from the domestic sewer, the wastewater treatment plant will gain capacity and save -$10,000,000 in future capital improvement projects since treating industrial waste with other domestic wastewater is not as efficient or effective. Increasing capacity will extend regulatory requirements to expand the WWTP to treat these wastes. This project will provide economic opportunities for growth and jobs by attracting new businesses to locate along the City's industrial waste line. Additionally, the City will enhance gas production and production of a Class A Biosolid which both provide a beneficial use. A reduction in power consumption, hauling costs and associated greenhouse gasses will also be a resulting benefit to the City and the environment. 8.7 Have any other measures/activities been undertaken to address the problem/situation/opportunity? If Yes, please describe. If No, explain why not? ❑ Yes X No Presently only one industry is hooked up to the Industrial Waste Line which has only seasonal flows. A project is currently in design to install an industrial waste bioreactor to treat this waste separately. This new bioreactor will open up opportunities to hood additional industrial customers up to this new treatment process which is scheduled to be installed in 2012. Fiscal Year 2013 Public Works Trust Fund Loan Application Page 12 SYSTEM -SPECIFIC QUESTIONS Please answer only those questions that relate to the primary system as selected at the top of the application. Domestic Water Projects ONLY (in the last five years) 3.8 What is the current status of the applicant's operating permit? http://www.doh.wa.qoviehp/dw/sentry.ht m Red Yellow Green 3.9 Does the applicant have sufficient water rights for the project? If no, explain the status of the situation including a time when the water rights will be acquired. 3.10 ❑ Yes ❑ No Is the applicant taking over a failing water system? (The Board may take this into consideration during deliberation of the construction loan list as a balancing factor.) ❑ Yes ❑ No Identify system: Date taken over: ❑ N/A 3.11 Has the system had any boil water orders? If yes, indicate when, for how long, and how (or if) the issue was corrected. 3.12 ❑ Yes ❑ No Date(s): Duration(s): Have there been any connection moratoriums? If yes, indicate when, for how long, and how (or if) the moratorium was lifted. 3.13 ❑ Yes ❑ No Date(s): Duration(s): Has there been more than 10% unaccounted for water loss? If yes, please describe the current situation including whether or not the water loss has been stopped or decreased. Does the system have a bilateral 3.14 compliance order from Dept of Health? ATTACH A COPY ❑ Yes ❑ Yes ❑ No ❑ No Fiscal Year 2013 Public Works Trust Fund Loan Application Page 13 Sanitary Sewer/Storm Water Projects (in the last five years) 3.15 Is the applicant currently meeting National Pollutant Discharge Elimination System (NPDES) permit and/or State Waste Discharge Permit (SWDP) limits? X Yes 3.16 Has the applicant had violation(s) of NPDES and/or SWDP permit(s)? If yes, indicate the type of violation, when it occurred, and how (or if) it was resolved. 3.17 ❑ Yes ❑ No X No Violation(s): Date(s): Has the applicant had any Combined Sewer Overflows (CSO)? If yes, indicate the type of violation, when it occurred, the volume of the violation, and how (or if) it was resolved. 3.18 Has the applicant's system caused any environmental degradation (i.e., shellfish bed closures, water temperature increase, 303(d) list water body, etc.)? If yes, indicate the type of degradation, when it occurred, and how (or if) it was resolved. ❑ Yes X No Violation(s): Date(s): Volume(s): ❑ Yes XNo 3.19 Has the applicant's system had hookup moratoriums? If yes, indicate when, for how long, and how (or if) the moratorium was lifted. ❑ Yes XNo Date(s : Duration(s): Fiscal Year 2013 Public Works Trust Fund Loan Application Page 14 Solid Waste/Recycling Projects ONLY (in the last five years) 3.20 3.21 3.22 3.23 Has the applicant's system caused negative impacts on ground water? If yes, please explain the impact and, if resolved, what was done to solve the problem. ['Yes ❑ No Is the applicant's system currently under a consent decree or any other order? If yes, please identify the consent decree(s) and/or order(s) and, if lifted, what was done to lift the decree(s)/order(s). ❑ Yes ! ❑ No Has the applicant's system caused any environmental degradation (i.e., shellfish bed closures, water temperature increase, 303(d) list water body, ground water, etc.)? If yes, indicate the type of degradation, when it occurred, and how (or if) it was resolved. ['Yes ❑ No Is the solid waste or recycling facility consistent with, and necessary for, the implementation of local government's adopted comprehensive solid waste management plan? If no, please clarify. ❑ Yes ❑ No Fiscal Year 2013 Public Works Trust Fund Loan Application Page 15 NEED AND SOLUTION NARRATIVE STATEMENT 3.24 Please include a Problem -Solution -Result narrative about the problem being solved. This is the applicant's opportunity to state the problem or possibility, its impact on the community, and the benefits to be achieved through this project. Attach relevant documents (i.e., regulatory orders, negotiated letter of agreements, resolutions, moratoriums, etc.) to clarify the degree of the problem or opportunity. The project need will be evaluated on: • Clarity of the need, including whether it is substantiated by data and documentation • A comparison of the relative hardship or possibility and the frequency of the identified need • The level of urgency required to address the need. Please use a maximum of 4,000 characters in each response box: Problem, Solution, and Result (including letters, spaces, and punctuation). 1 page with 1 -inch margins and 61 lines is approximately 4,000 characters. SEE GUIDELINES Problem/Opportunity: Please describe the problem, or opportunity, facing the community. Currently, industrial wastewater flows from Del Monte Foods are processed along with the domestic wastewater. These flows have a high sugar content and require a high amount of aeration and digester capacity, taking up the capacity of the wastewater treatment plant to treat the domestic wastewater. Additionally, Del Monte is only in operation a few months out of the year, requiring the City to reserve plant capacity for these flows. Even though this existing Industrial wastewater main currently only serves Del Monte, it extends significantly farther to the North, near some existing industrial customers with similar waste streams and areas of vacant land designated by the City for industrial uses. A project has already been initiated to install a bioreactor to treat this industrial waste stream separately from the domestic flows. This will open up more capacity for both domestic and additional industrial flows. Extending the existing industrial wastewater main to serve other customers will enhance growth and provide a more efficient and effective treatment of this industrial waste. Additional industries will len then the period of operation of the bioreactor, increasing the operational efficiencies further. Solution: Please describe the solution proposed to address the Problem or develop the Opportunity. Several areas have been identified to extend the industrial wastewater line in order to serve existing and/or potential industrial customers. The end of the existing industrial wastewater main is located near an area of town with over 150 acres of vacant land and an empty 513,000 square foot building (refer to attached map which identifies these areas). This area is primarily zoned for industrial uses. Extending the existing industrial wastewater line opens up industrial development opportunities for the City of Yakima, brings in jobs, and improves the economy coupled with allowing the City to capture and treat existing industrial users separate from the domestic sewer. or benefits anticipated with the Extending this line allows the industrial wastewater to be treated in a more economical manner and in a more effective way since it will not be diluted with domestic sewage. It also eliminates some of the potential operational and odor problems which commonly occur when a high strength waste is combined with a domestic sewage. Additionally, this development will not use the domestic wastewater treatment capacity of Yakima's treatment plant. Therefore, the domestic growth potential of the City will also be increased. Therefore, this project provides both an environmental and economic benefit. Treatment will be Fiscal Year 2013 Public Works Trust Fund Loan Application Page 16 improved through improving the quality of the Yakima river. The carbon footprint will be reduced 1 through lower power consumption and beneficial use of the biogas and biosolids in a more sustainable manner. Economically it will help keep rates down, provide opportunities for industry and jobs in the Yakima area. Fiscal Year 2013 Public Works Trust Fund Loan Application Page 17 SECTION 4: LOCAL MANAGEMENT EFFORT Local Management Effort responses are system specific and should be based on the primary system identified at the top of the application. READINESS -TO -PROCEED 4.1 All responses are based on "at the time of application." If the applicant is not required to do a particular task, list N/A in "% completed at time of application" box and explain why the task is not required. In order to receive points for a task marked "N/A," an explanation must be included in the box below. Applicant certifies that the status of engineering and design is complete. (Max 6 Name and license number of certified engineer assigned to the project: Name: HLA License #: % completed at time of application (or N/A) Applicant certifies that all applicable permits are in hand* (Max 4 points) 5% 0% Applicant certifies that bid documents are ready* (Max 4 points) 0% Applicant certifies that right-of-way/easement for project is acquired* (Max 3 points) 0% Applicant certifies that cultural and historic and environmental reviews are complete. Please attach verification that consultation with both Department of Archeological and Historic Preservation (DAHP) and concerned tribe(s) has been completed. SEE GUIDELINES If "N/A" is listed for any of the above tasks explain why the activity is not required. 0% *These items must match the project's Scope of Work as identified in Question 2.2 in this application, as well as the Project Schedule (Question 2.4). LOCAL MANAGEMENT EFFORT (In the last 5 years) 4.2 • What is the applicant's process for establishing the project system's maintenance schedule? • How frequently is the system's maintenance schedule reviewed and updated? Give two specific examples of maintenance or operations activities performed on this system. If unable to give two examples from the prior five years, please explain why not. (Max 1 point) The City employs an 18 person collection system crew who routinely clean, inspect, and maintain all the sewer lines within the city. The cleaning frequency is based upon time, condition assessment and historical performance. Problem area lines area given higher priority and put on a more frequent cleaning and inspection schedule. Maintenance/ Operations Activity Example 1: Maintenance/ Operations Activity "° Example 2: 4.3 List two distinct and separate capital improvements, other than this project, made to the system. If unable to give two examples from the prior five years, please explain why not. °" Capital Improvements Industrial Bioreactor project which is currently in design Example 1: Capital Improvements Example 2: Installation of new blowers and UV disinfection system Fiscal Year 2013 Public Works Trust Fund Loan Application Page 18 4.4 • Describe the planning and public involvement activities performed that identify and/or prioritize local public works maintenance and capital needs for the applicant system. • Give two specific examples of planning activities performed on this system in the last five years. If unable to do so, please explain why not. (Max 1 point) The City uses and updates their planning documents regularly and includes public hearings and council approval of the wastewater capital improvement budget. Planning Activity Example 1: Yakima Urban Area Comprehensive Plan which includes the wastewater division was completed in July 2010. Planning Activity Example 2: The facility plan we are currently working off was originally developed in 2004 and has been updated or amended for specific projects in 2005 and 2011. A comprehensive sewer plan is currently in process and scheduled to be completed in 2012. STEWARDSHIP OF WASHINGTON'S NATURAL RESOURCES (RCW 70.235.070) (In last 12 months) 4.5 During the last 12 month period, what activities have been done on the: 1. Jurisdiction level to conserve Washington state's natural resources? 2. System level to conserve Washington state's natural resources? If nothing has been done, please explain why not. SEE GUIDELINES FOR EXAMPLES (Max 3 points) What aspect of this project will result in the conservation of Washington state's natural resources? (e.g., metering the system; reusing methane gas for energy creation; planting trees to offset carbon emissions, etc.) This may be a contractually obligated item. See below. Jurisdiction level Participation with Yakima County on levee set back project to increase flood conservation activity plain and fish habitat. Example 1: Phosphorus reduction through the installation of a struvite system which System level oservation activity incorporated into commercial fertilizers. Project also identified as power cExample 2: saving project through Pacific Power (Design is complete. Bidding scheduled for August 2011.) Project level conservation activity Example 3: Aeration basin mixer installation for power reduction due to reduced aeration needs. Project will also reduce nutrients discharged to the Yakima River. NOTE! In order to receive the point for the Project level conservation activity, applicant must be willing to have that response included in the 2013 Construction Loan Contract as a contractually obligated requirement. Do you agree to this requirement: XYes ❑ No Fiscal Year 2013 Public Works Trust Fund Loan Application Page 19 APPLICANT CERTIFICATION WHEREAS, City of Yakima (name of local government) is applying to the Washington State Public Works Trust Fund program for a low-interest loan for an 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 43.155.070(10) requires that solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70.95 RCW. WHEREAS, 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 certifies that if they have permitting authority (Counties and Cities) that they have developed and are adhering to guidelines regarding their permitting process for those applying for development permits consistent with section 1(2) of Chapter 31, 2007 laws. WHEREAS the applicant certifies that it has adopted, or will adopt by August 4, 2011, and that this project adheres to policies to reduce greenhouse gas emissions in accordance with RCW 70.235.070. POLICY TITLE: Yakima Urban Area Comprehensive Plan 2025 DATE ADOPTED: 7/20/2010 WHEREAS the applicant certifies that, 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 applicant from repaying the Public Works Trust Fund loan extended by the Public Works Board with respect to such project. The applicant is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 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 WHEREAS, it is necessary that certain conditions be met as part of the application process; and WHEREAS, 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, the applicant certifies that the improvement has a minimum life expectancy of at least the number of years of the loan term for which they are applying; and WHEREAS, any loan arising from this application constitutes a debt to be repaid, and Scott Schafer/ Wastewater Division Manager (person/title) 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 THEREFORE, City of Yakima (name of local government) 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: Name: Title: Phone Number: Date: Attest: Michael Morales Acting City Manager (509) 575-6040 Fiscal Year 2013 Public Works Trust Fund Loan Application CERTIFICATION BY PREPARER OF APPLICATION To Be Completed by Staff Member or Consultant WHEREAS, Dean Smith 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, Dean Smith recognizes and acknowledges the above declarations and certifies that this application meets the above requirements. Signed: Name: Title: Dean P. Smith Utility Project Manager Phone Number: (509) 249-6814 Date: 7 /9 20!/ ,a L. Attest: Fiscal Year 2013 Public Works Trust Fund Loan Application Page 20 Preparer Certification .t j,4,11411illliiii a ,.rdF M11111 3 1R. 1111101 !PI; . a IL +, 1 inch = 1.000 feet Washington State Public Works Board '1011 Plum Street SE Post Office Box 42525 Olympia, Washington 98504-2525 Construction Loan Agreement between: City of Yakima and Public Works Board For: Project Name: Industrial Sewer Main Extensions Loan Number: PC13-961-059 Loan Type: Construction Execution/Start Date: Contract Execution Date (to be filled by the Public Works Board) City of Yakima PC13-961-059 Page 3 8/1/2012 Construction Public Works Board Contract DECLARATIONS CLIENT INFORMATION Legal Name Loan Number: Federal Tax Identification Number. State Wide Vendor Number. PROJECT INFORMATION Project Title Project City. Project State Project Zip Code LOAN INFORMATION =. Loan Amount: Total Estimated Cost: Total Estimated Funding Local Match Percent: Loan Term Interest Rate Payment Month Loan Reimbursement Start Date Time of Performance City of Yakima PC13-961-059 916001293 0007122 Industrial Sewer Main Extensions Yakima Washington 98901 $2,000,000.00 $3,300,000.00 $3,300,000.00 15.00% 20 0.50% June 1st 9/1/2011 60 months from Execution Date of this Contract to Project Completion SPECIAL CONDITIONS GOVERNING THIS LOAN; AGREEMENT None. LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT This loan is a revenue obligation of the Contractor payable solely from the net revenue of the Sanitary Sewer Wastewater 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 Contractor 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 Contract. This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer, or solid waste utility project. City of Yakima Page 4 Construction PC13-961-059 8/1/2012 Public Works Board Contract -DECLARATION (continued) Loan Number Project Title PC13-961-059 Industrial Sewer Main Extensions Scope of Work Isolate existing and future industrial discharges for more efficient and effective treatment to protect the environment and specically the Yakima River. Project costs include, but are not limited to, engineering report, permits, bid documents and construction. These improvements will allow Wenatchee to meet Local, State, and Federal requirements. Project includes 3 portions of the Industrial Sewer Main to be extended as follows: • Madison Avenue Industrial Sewer Main - 4th Ave to Fruitvale Blvd.: This portion includes extending the existing Industrial Sewer Main with 9,800 LF of 12" pipe, 500 LF of 8" pipe, 500 LF of 6" pipe, associated manholes, boring for railroad crossing, and affected road restoration. Total estimated cost: $550,000. • H Street Industrial Sewer Force -main - 3rd Avenue to 7th Street: This portion includes extending the existing Industrial Sewer Main with 4,600 LF of 10" force -mail, associated cleanouts and manhole, boring for railroad crossing, and affected road restoration. Total estimated cost: $2,400,000. • Noel Canning Industrial Sewer Main - Nob Hill Blvd. to Arlington St.: This portion includes extending the existing Industrial Sewer Main with 1,350 LF of 12" pipe, associated manholes, and affected road restoration. Total estimated cost: $350,000. Refer to the attached map identifying end of existing IW line in proximity to vacant land which can potentially be developed for industrial purposes. City of Yakima Page 5 Construction PC13-961-059 8/1/2012 Public Works Board Contract City of Yakima Page 6 Construction PC13-961-059 8/1/2012 Public Works Board Contract CONTRACT FACE SHEET Contract Number: PC13-961-059 Washington State Department of Commerce PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT 1. Contractor City of Yakima 2220 E Viola Yakima, WA 98901 2. Contractor Doing Business As (optional) N/A 3. Contractor Representative N/A 4. Public Works Board Representative 5. Contract Amount $2,000,000 00 6. Funding Source Federal: ❑ State: Other: ❑ N/A: ❑ F4 7. Contract Start Date Contract Execution Date 8. Contract End Date June 1,2032 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID # 916001293 11.SWV# 0007122 12. UBI # 13. DUNS # 14. Contract Purpose . Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of'streets and roads, bridges, drinking water systems, stormwater systems, sanitary sewage systems, and solid waste facilities, including recycling facilities The Board, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference Contract Terms and Conditions including Declarations Page, and Attachment I Attorney's Certification FOR THE CONTRACTOR 2....,.......„,_ FOR PUBLIC WORKS BOARD _±,i, Signa O 4 MI I Rw e Jo LaRocque, Exec , ive Director theJ) z Date APPROVED AS TO.FORM ONLY This 1st Day of May, 2012 Print Name n OA' Title 1 20 ( - Date Rob McKenna Attorney General Signature on file Kathryn Wyatt Assistant Attorney General City of Yakima PC13-961-059 Page 7 Construction 8/1/2012 Public Works Board Contract City of Yakima Page 8 Construction PC13-961-059 8/1/2012 Public Works Board Contract PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM TABLE OF CONTENTS CONTRACT TITLE PAGE 2 DECLARATIONS 3 CONTRACT FACE SHEET 5 TABLE OF CONTENTS 6 SPECIAL TERMS AND CONDITIONS 11 11 Definitions' 11 1.2 Authority 11 1 3 Purpose .. 11 1 4 Order of Precedence 11 1 5 5- year deferral for start-up systems 11 1 6 Competitive Bidding Requirements 12 1 7 Default in Repayment 12 1 8 Investment Grade Audit 12 1 9 Eligible Project Costs and Local Match 12 1 10 Historical and Cultural Resources 13 1 11 Performance Incentives 13 1 12 Project Completion Amendment and Certified Project Completion Report 14 1 13 Project Signs 14 1 14 Rate and Term of Loan 14 1 15 Recapture ' ' " 14 1 16 Reimbursement Procedures and Payment . _ 15 1 17 Repayment . 16 118 Reports . . 16 1 19 Termination for Cause . 16 1.20 Termination for Convenience 17 1 21 Time of Performance 17 1.22 Special Conditions 17 1 23 Loan Security 17 , GENERAL TERMS AND CONDITIONS 18 21 DEFINITIONS 18 2 2 ALLOWABLE COSTS 18 2 3 ALL WRITINGS CONTAINED HEREIN 18 2 4 AMENDMENTS . . 18 2 5 AMERICANS WITH DISABILITIES ACT (ADA) 0F1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35 18 2 6 APPROVAL 18 2 7 ASSIGNMENT 18 2 8 ATTORNEYS' FEES 19 2 9 AUDIT 19 2 10 CODE REQUIREMENTS . . 20 2 11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION 20 2.12 CONFORMANCE... .......... 21 2 13 COPYRIGHT PROVISIONS 21 2 14 DISALLOWED COSTS 21 215 DISPUTES 21 2 16 DUPLICATE PAYMENT 22 City of Yakima Page 9 Construction PC13-961-059 8/1/2012 Public Works Board Contract 2.17 ETHICS/CONFLICTS OF INTEREST 22 2 18 GOVERNING LAW AND VENUE . 22 2.19 INDEMNIFICATION 22 2 20 INDEPENDENT CAPACITY OF THE CONTRACTOR ...... 22 2.21 INDUSTRIAL INSURANCE COVERAGE 22 2.22 LAWS 20 2.23 LICENSING. ACCREDITATION AND REGISTRATION 24 2.24 LIMITATION OF AUTHORITY 24 2 25 LOCAL PUBLIC TRANSPORTATION COORDINATION` 24 2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS 25 2 27 POLITICAL ACTIVITIES 25 2 28 PREVAILING WAGE LAW 25 2 29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION 25 2 30 PUBLICITY 25 2 31 RECAPTURE ' 25 2 32 RECORDS MAINTENANCE 26 2 33 REGISTRATION WITH DEPARTMENT OF REVENUE 26 2 34 RIGHT OF INSPECTION 26 2 35 SAVINGS 26 2 36 SEVERABILITY 26 2 37 SUBCONTRACTING 26 2 38 SURVIVAL 27 2 39 TAXES . 27 2.40 TERMINATION FOR CAUSE / SUSPENSION 27 2 41 TERMINATION FOR CONVENIENCE 27 2 42 TERMINATION PROCEDURES .. 27 2 43 WAIVER 28 City of Yakima Page 10 Construction PC13-961-059 8/1/2012 Public Works Board Contract PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM SPECIAL TERMS AND CONDITIONS 1.1 Definitions As used throughout this Construction Loan Contract the following terms shall have the meaning set forth below. A. "Contract" shall mean this Construction Loan Contract B 'Contractor" shall mean the local government identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor C "The Board" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43 155 030, and who is a Party to the Contract. D. "Declarations " and "Declared" shall refer to the project information, loan terms and conditions as stated on the Declarations Page of this Loan Contract, displayed within the contract in THIS STYLE for easier identification 1.2 Authority Acting under the authority of Chapter 43 155 RCW, the Board has awarded the Contractor a Public Works Trust Fund construction loan for an approved public works project. 1.3 Purpose The Board and the Contractor have entered into this Contract to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Program The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page The project must be undertaken in accordance with the loan terms and conditions, and all applicable federal, state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein 1.4 Order of Precedence In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order. A. Applicable federal and state of Washington statutes and regulations B. Special Terms and Conditions including attachments C. General Terms and Conditions 1.5 5- year deferral for start-up systems If the project financed by this contract is to develop a system to deliver previously unavailable services, and revenue from those services is to repay the loan, the new system is eligible for a deferral of loan payments for sixty (60) months after the Contract execution date City of Yakima Page 11 Construction PC13-961-059 8/1/2012 Public Works Board Contract Interest accrues for the aforementioned sixty (60) months The accrued interest only payment is due June 1 of the 6th year of the loan term Interest and principal payments are due on June 1 of the 7th year of the loan term 1.6 Competitive Bidding Requirements The Contractor 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 Program 1.7 Default in Repayment Loan repayments shall be made on the loan in accordance with Section 1 16 of this Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent. , Delinquent payments shall be assessed a monthly penalty beginning on the first (1st) day past the due date The penalty will be assessed on the entire payment amount. The penalty will be one percent (1 %) per month or twelve percent (12%) per annum The same penalty terms shall apply at project completion if the repayment of loan funds in excess of eligible costs are not repaid at the time of the Project Completion Amendment is submitted, as provided for in Section 1 12 The Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency The Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section 1.8 Investment Grade Audit For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which an investment grade audit is obtainable, Contractor must undertake an investment grade audit. Costs incurred as part of the investment grade audit are eligible project costs 1.9 Eligible Project Costs The Contractor pledges to use an amount of matching funds as local project share at a percentage not less than that shown on the Declarations Page as LOCAL MATCH PERCENT, applied to the total eligible portion of the project cost as identified in declared SCOPE OF WORK. State and federal grants are not considered local matching funds Expenditures on eligible project activities incurred up to twelve (12) months prior to the execution of this Contract may be used as match for local project share The amount of local funds used for the project will be verified and the percentage that this figure represents of the total project cost will be calculated at project completion If and to the extent the actual percentage of local match exceeds the proposed match percentage, the loan amount and/or the interest rate charged may be adjusted At a minimum, the match provided cannot be less than the original match pledged at the time of contract execution The interest rate adjustment will apply to the remaining payments beginning from the date the Project Completion report is certified The Contractor agrees to execute the Project Completion Amendment as an amendment to this Contract adjusting the loan amount or interest rate, as appropriate Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC) 399-30-030 and be related only to project activities described in the declared SCOPE OF WORK Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred and payable within thirty (30) days of the reimbursement request Only costs that have been incurred on or after the LOAN REIMBURSEMENT START DATE shown in the Declarations are eligible for reimbursement under this Contract. City of Yakima Page 12 Construction PC13-961-059 8/1/2012 Public Works Board Contract The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects assisted with Public Works(Program loans These terms supersede the terms in Section 2 2 Allowable Costs '1.10 Historical and Cultural Resources Prior to commencing construction, Contractor shall complete the requirements of Governor's Executive Order 05-05, or, as a substitute for completion of Governor's Executive Order 05-05, Contractor shall complete Section 106 of the National Historic Preservation Act. Contractor agrees that the Contractor 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 Board and the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 05-05, coordinate with the Washington State Department of Archaeology and Historic Preservation (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 project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing,pre-requisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and notify the local historical preservation .officer and the state's historical preservation officer at DAHP If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee The Contractor shall require this provision to be contained in all sub -contracts for work or services related to the declared SCOPE OF WORK. In addition to the requirements set forth in this Contract, Contractor agrees to comply with 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, WAC 25-48 regarding Archaeological Excavation and Removal Permits Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 05-05 In the event that the Contractor finds it necessary to amend the declared SCOPE OF WORK, the Contractor may be required to re -comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. 1.11 Performance Incentives The Contractor shall complete the project no later than sixty (60) months after the date of contract execution Should the Contractor complete the project within forty-eight (48) months of the date of contract execution, the Contractor may choose one of the two following incentives upon project completion Option A: The repayment period will be increased by twenty-four (24) months, not to exceed the life of the asset, OR. Option B The interest rate will be decreased by one-quarter of one percent (0 25%) City of Yakima Page 13 Construction PC13-961-059 8/1/2012 Public Works Board Contract Should the Contractor complete the project within thirty-six (36) months of the date of contract execution, the Contractor may choose one of the following two incentives upon project completion Option C The repayment period will be increased by sixty (60) months, not to exceed the life of the asset, OR, Option D The interest rate will be decreased by up to one-half of one percent (0 50%) Once an option is selected, the Contract shall be modified to note the appropriate change and no further adjustment to the Contract for Performance Incentives shall be authorized Irrespective of the performance incentive chosen, at no point in time shall the minimum loan interest rate be less than 0.25% The calculation of interest rate and term adjustments will apply to the remaining payments beginning from the date the Project Completion report is certified 1.12 Project Completion Amendment and Certified Project Completion Report The Contractor shall complete a Certified Project Completion Report when all activities identified in the SCOPE OF WORK are complete The Board will supply the Contractor with the Certified Project Completion Report form, which shall include A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and, if applicable, meets required standards B A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in the SCOPE OF WORK. C Certification that all costs associated with the project have been incurred and have been accounted for Costs are incurred when goods and services are received and/or contract work is performed D A final voucher for the remaining eligible funds The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in the SCOPE OF WORK and the Board's receipt and acceptance of the Certified Project Completion Report. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, term, and interest rate 1.13 Project Signs If the Contractor displays, during the period covered by this Contract, 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. 1.14 Rate and Term of Loan The Board shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the Contract Face Sheet and declared on the Contract Declarations Page The interest rate shall be the declared INTEREST RATE per annum on the outstanding principal balance The length of the loan shall not exceed the declared LOAN TERM in years, with the final payment due by the CONTRACT END DATE as shown on the Contract Face Sheet. 1.15 Recapture The right of recapture shall exist for a period not to exceed six (6) years following contract termination In the event that the Board is required to institute legal proceedings to enforce the recapture provision, the Board shall be entitled to its costs thereof, including attorney's fees City of Yakima Page 14 Construction PC13-961-059 8/1/2012 Public Works Board Contract These terms supersede the terms in Section 2 31 Recapture 1.16 Reimbursement Procedures and Payment If funding or appropriation is not available at the time the invoice is submitted, or when this contract is executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation become available Therefore, subject to the availability of funds, warrants shall be issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount under this contract, as identified in Section 1 10 When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts The Invoice Voucher must be certified by an official -of the Contractor with authority to bind the Contractor Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date The Board will not release payment for any reimbursement request received unless and until the Project Status Report is received After approving the Invoice Voucher and the Project Status Report, the Board shall promptly remit a warrant to the Contractor Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor provides • Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act, as described in Section 1 10, and • A signed Public Works Trust Fund Notice of Contract Award and Notice to Proceed, which follows the formal award of a construction contract. The Contractor shall submit all Invoice Vouchers and all required documentation to Contracts Administration Unit Department of Commerce PO Box 42525 Olympia, WA 98504-2525 The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices Invoices shall be submitted to the Board not more often than monthly Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of properly completed invoices Payment shall be sent to the address designated by the Contractor The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board Duplication of Billed Costs. If the Contractor is entitled to payment or has. been or .will be paid by another source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors City -of Yakima Page 15 PC 13-961-059 8/1/2012 Construction Public Works Board Contract In no event shall the total Public Works loan exceed 100% of the eligible actual project costs At the time of project completion, the Contractor shall submit to the Board a Project Completion Amendment certifying the total actual project costs and local share The final Public Works loan disbursement shall bring the total loan to the lesser of 100% of the eligible project costs or the total declared LOAN AMOUNT The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, and interest rate In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor has received Public Works Trust Fund monies in excess of 100 00% of eligible costs, all funds in excess of 100 00% shall be repaid to the Public Works Assistance Account by payment to the Department of Commerce, or its successor, together with the submission of the Project Completion Amendment. 1.17 Repayment Loan repayment installments are due on the day and month identified under the term PAYMENT MONTH on the Declarations Page Payments are due each year during the term of the loan beginning one year from the date of contract execution Interest only will be charged for this payment if a warrant is issued prior to this date All subsequent payments shall consist of principal and accrued interest due on the specified PAYMENT MONTH date of each year during the remaining term of the loan Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum based on a three hundred and sixty (360) day year of twelve (12) thirty (30) day months Interest will begin to accrue from the date each warrant is. issued to the Contractor The final payment shall be on or before the CONTRACT END DATE shown on the Declarations page, of an amount sufficient to bring the loan balance to zero In the event that the Board approves the Contractor's request for a deferral as outlined in Section 1 5, then the first loan repayment is due sixty (60) months after contract execution Interest accrues for the sixty (60) months after contract execution The accrued interest only will be charged for this payment if a warrant is issued prior to this date Interest and principal payments are due on the declared PAYMENT MONTH date of each year during the remaining term of the loan The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty The Contractor 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 Commerce, or its successor 1.18 Reports The Contractor shall furnish the Board with A. Project Status Reports with each Invoice Voucher, B Project Reports at the end of each fiscal year, C •Certified Project Completion Report at project completion (as described in Section 1 12), and D Other reports as the Board may require 1.19 Termination for Cause If the Contractor fails to comply with the terms of this Contract, or fails to use the loan proceeds only for those activities identified in the SCOPE OF WORK, the Board may terminate the Contract in whole or in part at any time The Board shall notify the Contractor 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 Contractor's obligation to repay the unpaid balance of the loan City of Yakima Page 16 Construction PC13-961-059 8/1/2012 Public Works Board Contract These terms supersede the terms in Section 2 40 Termination for Cause/Suspension 1.20 Termination for Convenience The Board may terminate this contract in the event that state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board's obligations under this contract. Termination will be effective when the Board sends written notice of termination to the Contractor Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the loan These terms supersede the terms in Section 2 41 Termination for Convenience 1.21 Time of Performance No later than sixty (60) months after the date of contract execution the Contractor must reach project completion Failure to meet Time of Performance shall constitute default of this contract. In the event of extenuating circumstances, the Contractor may request, in writing, that the,Board extend the deadline for project completion The Board may extend the deadline The term of this contract shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein 1.22 Special Conditions If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this contract. 1.23 Loan Security Loan Security payments shall be made as stated on the attached Declarations Page, and identified therein as LOAN SECURITY City of Yakima Page 17 Construction PC13-961-059 8/1/2012 Public Works Board Contract GENERAL TERMS AND CONDITIONS 2.1 DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below. A. "Authorized Representative" shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor C. "BOARD" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43 155 030, and which is a Party to the Contract D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers E. "State" shall mean the state of Washington F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier 2.2 ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet 2.3 ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto 2.4 AMENDMENTS This Contract may be amended by mutual agreement of the parties Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications 2.6 APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved The contract may be altered, amended, or waived only by a written amendment executed by both parties 2.7 ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board City of Yakima Page 18 Construction PC13-961-059 8/1/2012 Public Works Board Contract 2.8 ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs 2.9 AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records The Contractor is responsible for any audit exceptions incurred by its own'organization or that of its Subcontractors. The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the Board's requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements Contractors expending $100,000 or more in total state funds in a fiscal year must have a financial audit as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally Accepted Auditing Standards (GAAS) The Schedule of State Financial Assistance must -be included The schedule includes Grantor agency name State program name BARS account number Grantor Agency contract number Contract award amount including amendments (total, grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor The Contractor shall include the above audit requirements in any subcontracts In any case, the Contractor's financial records must be available for review by the Board City of Yakima Page 19 Construction PC13-961-059 8/1/2012 Public Works Board Contract C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB 'Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) to Department of Commerce ATTN Audit Review and Resolution Office PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the Contractor must include • Corrective action plan for audit findings within three (3) months of the audit being received by the Board • Copy of the Management Letter 2.10 CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier -free codes Compliance with the,Americans with Disabilities Act of 1990 28 C F R. Part 35 will be required, as specified by the local building Department. 2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes 1 All material provided to the Contractor by the Board that is designated as "confidential" by the Board, 2 All material produced by the Contractor that is designated as "confidential"by the Board, and 3 All personal information in the possession of the Contractor that may not be disclosed under state or federal law "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto Upon request, the Contractor shall provide THE BOARD with its policies and procedures on confidentiality The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures The Contractor shall make the changes within the time period specified by the Board Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure C. Unauthorized Use or Disclosure The Contractor shall notify the Board within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure City of Yakima Page 20 Construction PC13-961-059 8/1/2012 Public Works Board Contract 2.12 CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law 2.13 COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U S Copyright Act and shall be owned by the Board The Board shall be considered the author of such Materials In the event the Materials are not considered "works for hire" under the U S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to.translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor 2.14 DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors 2.15 DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute The request for a dispute hearing must: • be in writing, • state the disputed issues, • state the relative positions of the parties, • state the Contractor's name, address, and Contract number; and • be mailed to the Chair and the other party's (respondent's) Representative within three (3) working days after the parties agree that they cannot resolve the dispute The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's designee and the requestor within five (5) working days City of Yakima Page 21 Construction PC13-961-059 8/1/2012 Public Works Board Contract The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days The Chair or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above 2.16 DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source 2.17 ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42 52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 2.18 GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County 2.19 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Board, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Board, the state of Washington, its officers, employees and authorized agents The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees 2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board The Contractor will not hold itself out as or claim to be an 'officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would 'accrue to such officer or employee under law Conduct and control of the work will be solely with the Contractor 2.21 INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, industrial Insurance If the -Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and City of Yakima Page 22 Construction PC13-961-059 8/1/2012 Public Works Board Contract Industries, (L&I) Division of Insurance Services This provision does not waive any of L&I's rights to collect from the Contractor City of Yakima Page 23 Construction PC13-961-059 8/1/2012 Public Works Board Contract 2.22 LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to Washington State Laws and Regulations A. Affirmative action, RCW 41 06 020 (11). B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4 24 264 C. Disclosure -campaign finances -lobbying, Chapter 42 17 RCW D. Discrimination -human rights commission, Chapter 49 60 RCW E. Ethics in public service, Chapter 42 52 RCW F. Housing assistance program, Chapter 43 185 RCW G. Interlocal cooperation act, Chapter 39 34 RCW H. Noise control, Chapter 70 107 RCW I. Office of minority and women's business enterprises, Chapter 39 19 RCW and Chapter' 326-02 WAC J. Open public meetings act, Chapter 42 30 RCW K. Prevailing wages on public works, Chapter 39 12 RCW L. Public records act, Chapter 42 56 RCW M. Relocation assistance - real property acquisition policy, Chapter 8 26 RCW N. Shoreline management act of 1971, Chapter 90 58 RCW O. State budgeting, accounting, and reporting system, Chapter 43 88 RCW P. State building code, Chapter 19 27 RCW and Energy-related building standards, Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70 92 RCW Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecology R. State environmental policy, Chapter 43.21 C RCW S. State Executive Order 05-05 Archeological and Cultural Resources 2.23 LICENSING. ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract 2.24 LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services City of Yakima Page 24 Construction PC13-961-059 8/1/2012 Public Works Board Contract 2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies In the event of the Contractor's non- compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board The Contractor shall, however, be given a reasonable time in which to cure this noncompliance Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein 2.27 POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42 17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508 No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office 2.28 PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39 12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39 12 040 The Contractor shall maintain records sufficient to evidence compliance with Chapter 39 12 RCW, and shall make such records available for the Board's review upon request. 2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs 2.30 PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board's name is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred or implied, without the prior written consent of the Board 2.31 RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board In the alternative, the Board may recapture such funds from payments due under this contract. City of Yakima Page 25 Construction PC13-961-059 8/1/2012 Public Works Board Contract 2.32 RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved 2.33 REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue 2.34 RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose 2.35 SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions 2.36 SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable 2.37 SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts For cause, the Board in writing may- (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor's duties Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. City of Yakima Page 26 Construction PC13-961-059 8/1/2012 Public Works Board Contract 2.38 SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive 2.39 TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor 2.40 TERMINATION FOR CAUSE / SUSPENSION In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor Such termination shall be deemed "for cause " Termination shall take effect on the date specified in the notice In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance During the corrective -action time period, the Board may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor "Termination for Cause" shall be deemed a "Termination for Convenience" when the Board determines that the Contractor did not fail to comply with the terms'of the Contract or when the Board determines the failure was not caused by the Contractor's actions or negligence If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i e , competitive bidding, mailing, advertising, and staff time) 2.41 TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination 2.42 TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall A. Stop work under the Contract on the date, and to the extent specified, in the notice, B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; ' C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts Any attempt by the Contractor to settle such claims must have the prior written approval of the Board, and D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor's .possession as directed by the Board Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination the Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur City of Yakima Page 27 Construction PC13-961-059 8/1/2012 Public Works Board Contract The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law 2.43 WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board City of Yakima Page 28 Construction PC13-961-059 8/1/2012 Public Works Board Contract ATTACHMENT I: ATTORNEY'S CERTIFICATION PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM City of Yakima PC13-961-059 j; Fr Cute , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the Contractor identified on the Declarations Page of the Contract identified above; and I have also examined any and all documents and records which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The Contractor 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 Contractor is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the Contract. 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 Contractor from repaying the Public Works Trust Fund loan extended by the Public Works Board with respect to such project. The Contractor is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the Contract. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the Contractor. Signature of aArlet. (Au e.tr- Name Date Z-00 5 . Q sf, o- 98901 Address City of Yakima Page 29 Construction PC13-961-059 8/1/2012 Public Works Board Contract STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725-4000 www.commerce.wa.gov September 17, 2012 Dean Smith City of Yakima 2220 E Viola Yakima, WA 98901 RE: Public Works Trust Fund Loan Agreement Number PC13-961-059 Dear Mr. Dean Smith: Enclosed is a fully executed Loan Agreement for your Public Works Trust Fund Loan Number PC13-961-059. This contract is for Industrial Sewer Main Extensions. Please keep this original document with the other local records related to your project. We are enclosing drawing instructions and A19 vouchers for requesting funds and will email the electronic version, (if needed), for your completion once funds are ready to be expended. Please send A l9 invoices to: Jaclyn Woodson Department of Commerce Attn: Contracts Administration Unit P. O. Box 42525 Olympia, WA 98504-2525 l will be your project manager and look forward to working with you and your staff on this project. If you have any questions or need additional information, please do not hesitate to call me at (360) 725-3086 or email me at jaclyn.woodson@commerce.wa.gov. Sincerely, /e-0- Jaclyn Woodson (/ Contracts Administration Unit Project Manager Enclosures CONTRACTS ADMINISTRATION UNIT NOTIFICATION OF CONTRACT AWARD AND START OF CONSTRUCTION CLIENT: CONTRACT #: DATE OF NOTICE TO PROCEED: CONTRACT AWARD DATE: PROJECT NAME: PROJECT LOCATION: CONTRACT AMOUNT: $ GENERAL CONTRACTOR: DATE BID SOLICITATION PUBLISHED*: �f BID OPENING DATE: /_ / NUMBER OF BIDS RECEIVED: NAMES/ADDRESSES OF DISADVANTAGED BUSINESS ENTERPRISES SOLICITED: APPLICABLE FEDERAL WAGE DECISION NUMBER**: MODIFICATIONS**: PRECONSTRUCTION CONFERENCE DATE: / / CONSTRUCTION START DATE: SUBMITTED BY SIGNATURE: PRINTED NAME: ADDRESS: TITLE: *Please attach copy of published bid solicitation advertisement.* **Federally Funded Contracts (CDBG & DWSRF)** PLEASE NOTE: Federally funded projects are subject to paying the higher of Federal Davis Bacon or State prevailing wages. DIRECT APPROPRIATION S GRANT` RECIPTIENTS9$ T =< -k: IMPORTANT INFORMATIONL- MUST:READ INSTRUCTIONS FOR COMPLETING VOUCHERS IN ORDER TO RECEIVE GRANT FUNDS! General Information The Grant Agreement describes the points at which your grant funds may be disbursed to you. This is referenced in your grant agreement, Section 1.9 Billing Procedure and Payment. • The GRANTEE, using the Invoice Voucher template, initiates disbursements • Funds will be disbursed on a reimbursement -basis only. Expenses incurred after the date shown on your contract Declarations Page as Earliest Date for Construction Reimbursement, are eligible for reimbursement. • Disbursement requests must include documentation that supports evidence of costs incurred. Documentation may include bills or receipts from contractors • Each disbursement request may include costs incurred over an extended period • The grant agreement places conditions on the fund disbursements • Reimbursement requests may only be submitted once a month Disbursements for construction activities are not allowed until documentation has been received by the Contracts Administration Unit (CAU) indicating that the following conditions have been met: • Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act, as described in Section 1.16 of the executed Direct Appropriations Grant contract, and • A signed Notice of Contract Award and Notice to Proceed, which follows the formal award of a construction contract (a blank copy is attached), and • A completed Project Status Report; and • Other conditions as required. If you have any questions regarding these loan conditions, please contact your CAU Regional Project Manager, Jaclyn Woodson at (360) 725-3086 or jaclyn.woodson@commerce.wa.gov !First Invoice<Voucherand SubsequentInvoice Vouchers 1. Place the disbursement request amount on the appropriate line. 2. Update the Voucher Number and Total Amounts values if you are not using the electronic voucher file available through the Contracts Administration Unit. 3. Attach supporting documentation including a current Project Status Report. Please make sure the conditions listed above have been met, otherwise the loan disbursement will be delayed. 4. Sign the Voucher in the upper right hand corner (no black ink) and return it to the following address Attn• Jaclyn Woodson Contracts Administration Unit Dept. of Commerce PO Box 42525 Olympia WA 98504-2525 Staff will review your disbursement request upon receipt. You will receive funds within 30 days of the request. WASHINGTON STATE DEPARTMENT OF COMMERCE PROGRAM APPROVAL (the inmtduai sgmng its voucher warrants they have the authority to sign this voucher). AGENCY NUMBER 1030 Short Code Commerce Contract Number PC 13-961-059 Form VOUCHER DISTRIBUTION A19 -1A DEPARTMENT OF COMMERCE PO BOX 42525 BOX OLYMPIA, WA 98504-2525 VENDOR OR CLAIMANT (Warrant is to be payable to:) , Yakima 2220 East Viola Yakima WA, 98901 INSTRUCTIONS TO VENDOR OR CLAIMANT Submit this form to claim payment for materials, merchandise, or services. Show complete detail for each item. Vendor's Certificate The individual signing this voucher below warrants they have the authority to do so as authorized and on the behalf of the entity identified in the Vendor/Client section. The individual signing below certifies under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided wthout discrimination because of age, sex, marital status, race creed, color, national origin, handicap, religion or Vietnam era or disabled veterans status. Contact Person: TRANS CODE By: - Phone: SUB SUB OBJ Contract Period SUBSID REPORT PERIOD INVOICE (SIGN IN BLUE INK) (TITLE) (DATE) Original Contract Amount $2,000,000 00 Loan Fee (if any) $0 00 Date DESCRIPTION Budget Previously Requested Amount of This Invoice Award Remaining Balance Net Contract Amount $2,000,000.00 $2,000,000 00 SIGNATURE OF ACCOUNTING PREPARER FOR PAYMENT DATE WARRANT TOTAL ACCOUNTING APPROVAL FOR PAYMENT DATE Totals $0.00 $2,000,000.00 Match: Year / Dollars / Coding PROGRAM APPROVAL (the inmtduai sgmng its voucher warrants they have the authority to sign this voucher). DATE DOC DATE CURRENT DOC. NO. REFERENCE DOC NO. VENDOR NUMBER and SUFFIX ACCOUNT NO. ASD NUMBER VENDOR MESSAGE TRANS CODE MASTER INDEX SUB OBJ SUB SUB OBJ GL ACCT SUBSID AMOUNT INVOICE SIGNATURE OF ACCOUNTING PREPARER FOR PAYMENT DATE WARRANT TOTAL ACCOUNTING APPROVAL FOR PAYMENT DATE Prepared on 9/17/2012 Washington State Public Works Board Post Office Box 42525 Olympia, Washington 98504-2525 PWTF PROJECT STATUS REPORT This form must be cot pletedeach time You submit a reimbursement request Reimbursement requests will not be processed unless accompanied by.a 'current Project Status Report Client Name: Yakima Contract Number: PC13-961-059 Project Name: Industrial Sewer Main Extensions Anticipated Project Completion Date:, 8/27/2017 Please describe the progress you have made to date on your project's.scope of work, (see Declarations Pages in your contract). , • ApproxiMately, what percentage' of the project complete? % • When do you. expect the project,to be completed (morith/day/year)? If the anticipated completion date is different from the one above, what factors led to • the change in the completion date? Administrative services provided by the Department of Commerce (360) 725-3150 Fax (360) 586-8440 Huibregtse, Louman Associates, Inc. Jeffrey T Louman, PE Terry D Alapeteri, PE Stephanie J Ray, PE Theodore W Pooler, PE Gene W Soules, PE Heidi C. Herzog, PE Michael T Battle, PE Timothy D Fries, PLS Jason E. Ingalls, PE Eric T Herzog, PLS Justin L. Bellamy, PE Dustin L. Posten, PE Civil Engineering Land Surveying ❖ Planning December 3, 2012 City of Yakima Wastewater Division 2220 East Viola Avenue Yakima, WA 98901 Attn Mr. Scott Schafer Re. City of Yakima INDUSTRIAL WASTELINE EXTENSION City of Yakima Project No : WW2327 HLA Project No.: 12064 Recommendation of Award Dear Mr. Schafer: The bid opening for the above referenced project was held at Yakima City Hall at 3:00 p.m on Monday, December 3, 2012. A total of ten (10) bids were received with the low bid of $1,226,465.02 for Schedule A and Additive Schedule B, being offered by TTC Construction, LLC of Yakima, Washington This low bid is approximately twelve (12) percent below the Engineer's Estimate of $1,385,903 50 We have reviewed and checked the bid proposals of all bidders and recommend the City of Yakima award a construction contract to TTC Construction, LLC in the amount of $1,226,465.02 Please send us a copy of the bid summary signed by the City Manager authorizing award of this project. Enclosed are copies of the project Bid Summary for your review. Please advise if we may answer any questions or provide additional information Very truly yours, Terry D Alapeteri, PE TDA/crf Enclosures Copy: Shelley Willson, Utility Engineer Michael Battle, PE, HLA Ben Annen, EIT, HLA Steve Sziebert, HLA Stephen Hazzard, HLA Caroline Fitzsimmons, HLA G.\PROJECTS\2012\12064C YA INDUSTRIAL WASTELINE EXT - TTC CONST LLC\2012-12-04 RECAWARD doc 801 North 39th Avenue e• Yakima, WA 98902 (509) 966-7000 • FAX (509) 965-3800 www.hlacivil.com i/ BID SUMMARY BIDDER #1 BIDDER #2 BIDDER #3 BIDDER #4 Owner CITY OF YAKIMA, CITY PROJECT NO. WW2327 Project: INDUSTRIAL WASTELINE EXTENSION HLA Project No. 12064 Date: DECEMBER 3, 2012 TTC Construction, LLC 12871 Summitview Road Yakima, WA 98908 P 0 W Contracting, Inc. P.0 Box 4772 Pasco, WA 99302 Hurst Construction LLC P.0 Box 990 Wenatchee, WA 98807 Rotschy, Inc. 9210 NE 62nd Ave. Vancouver, WA 98665 Item No. Bern Description Unit Quantity ENGINEER'S ESTIMATE Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price [ I Amount SCHEDULE A - INDUSTRIAL WASTELINE EXTENSION 1 Mobilization LS 1 $100,000.00 5100,000.00 $80,188.54 $80,188.54 $95,326.00 $95,32600 $69,500.00 $69,500 00 $130,000.00 $130,000.00 2 Project Temporary Traffic Control LS 1 $90,000.00 $90,000.00 $22,668.55 $22,668.55 $21,000.00 $21,000.00 $6,200.00 $6,200.00 $53,100.00 $53,100.00 3 Clearing and Grubbing LS 1 $20,000.00 $20,000.00 $27,795.28 $27,795.28 $70,077.00 $70,077.00 $12,600.00 $12,600.00 $30,000.00 $30,000.00 4 Removal of Structure and Obstruction LS 1 $5,000.00 $5,000 00 $2,136.81 $2,136.81 $115,000.00 $115,000.00 $6,800.00 $6,800.00 $30,000.00 $30,000.00 5 Shoring or Extra Excavation LF 8,542 52.00 $17,084.00 $0.90 $7,687.80 $0.50 $4,271.00 $0.75 $6,406.50 $2.00 $17,084.00 6 PVC Sanitary Sewer Pipe 18 In. Diam. LF 2,159 $60.00 $129,540.00 $58.03 $125,286.77 $49.00 $105,791.00 $64.00 $138,176.00 $65.00 $140,335.00 7 PVC Sanitary Sewer Pipe 12 In. Diam. LF 6,057 $45.00 $272,565.00 $47 15 $285,587.55 $35.00 $211,995.00 $58.25 $352,820.25 $48.00 $290,736.00 8 PVC Sanitary Sewer Pipe 8 In. Diam. LF 326 $28.00 $9,128.00 $35.73 $11,647.98 $30.00 $9,780.00 $41.00 $13,366.00 $43.00 $14,018.00 9 Jack/Bore 24 -Inch Steel Casing Pipe LF 165 $600.00 $99,000.00 $552.83 $91,216.95 $300.00 $49,500.00 $427.00 $70,455.00 $420.00 $69,300.00 10 Slipline PVC Sanitary Sewer Pipe 18 tn. Diam. LF 25 $60.00 $1,500.00 $59.19 $1,479.75 $49.00 $1,225.00 $80.00 $2,000.00 $80.00 $2,000.00 11 Sliphne PVC Sanitary Sewer Pipe 12 In. Diam. LF 140 $45.00 $6,300.00 $25.00 $3,500.00 $35.00 $4,900.00 $39.00 $5,460.00 $50.00 $7,000.00 12 Manhole 48 In. Diam. Type 1 EA 25 $2,500.00 $62,500.00 $1,349.42 $33,735.50 $2,200.00 $55,000.00 $2,500.00 $62,500.00 $2,200.00 $55,000.00 13 Drop Manhole 48In. Diam. EA 1 $4,500.00 $4,500.00 $2,062.95 $2,062.95 $1,800.00 $1,800.00 $4,200.00 $4,200.00 $3,250.00 $3,250.00 14 Catch Basin Type 1L EA 2 $1,500.00 $3,000.00 $1,014.16 $2,028.32 $800.00 $1,600.00 $1,600.00 $3,200.00 $1,200.00 $2,400.00 15 Adjust Cleanout EA 1 $400.00 $400.00 $196.83 $196.83 $350.00 $350.00 $300.00 $300.00 $260.00 $260.00 16 Removable Bollard EA 2 $500.00 $1,000.00 $474.96 $949.92 $1,000.00 $2,000.00 $750.00 $1,500.00 $950.00 $1,900.00 17 Unclassified Excavation Including Haul CY 300 $20.00 $6,000.00 $18.31 $5,493.00 $5.00 $1,500.00 $20.50 $6,150 00 $17.00 $5,100.00 18 Cold Mix Asphalt TON 750 $100.00 $75,000.00 $125.32 $93,990.00 $90.00 $67,500.00 $91.00 $68,250.00 $85.00 $63,750.00 19 HMA CI. 1/2" PG 64-28 TON 1,710 $110.00 $188,100.00 $116.51 $199,232.10 $111.00 $189,810.00 $97.00 $165,870.00 $105.00 $179,550.00 20 Crushed Surfacing Base Course TON 3,510 $20.00 $70,200.00 $12.50 $43,875.00 $13.00 $45,630.00 $26.00 $91,260.00 $31.00 $108,810.00 21 Crushed Surfacing Top Course TON 170 $28.00 $4,760.00 $23.94 $4,069.80 $13.00 $2,210.00 $49.00 $8,330.00 $32.00 $5,440.00 22 Cement Conc. Traffic Curb and Gurier LF 720 $16.00 $11,520.00 $21 70 $15,624.00 $10.00 $7,200.00 $19.50 $14,040.00 $23.00 $16,560.00 23 4 -Inch Thick Cement Concrete Sidewalk SY 5 $100.00 $500.00 $248.85 $1,244.25 $40.00 $200.00 $225.00 $1,125.00 $250.00 $1,250.00 24 6 -Inch Thick Cement Concrete Approach at Driveways SY 32 $90.00 $2,880.00 $123.16 $3,941 12 $100.00 $3,200.00 $135.00 $4,320.00 $130.00 $4,160.00 25 Select Backfill, as Directed CY 340 $26.00 $8,840.00 $17 47 $5,939.80 $22.00 $7,480.00 $27.00 $9,180.00 $38.00 $12,920 00 Competitive I recommend it) ENGINEER'S REPORT by this office. Q �7iIMF �`_ AWARD MADE BY CITY MANAGER INDUSTRIAL 6:90149-7°Z., CITY OF YAKIMA bids were opened on December 3, 2012. All the contract be awarde o. TTC Construction, bids have LLC mana�4„es, been reviewed WASTELINE EXTENSION CITY PROJECT NO WW2327 HLA PROJECT NO 12064 `t: T 1 1 :���� ' . �'%e,,, • • • • • • • ,1‘110117}/ r'a R.Al'1.0 a ger CITY CONTRAC r NO (2--i 2-. RESOLUTION NO: =t< Protect Eng' r FILA w n u, Date: Ink. .//-/V-L. quit Engineering• land 3ungivg. Planning Date: G IPROJECTSt2012112o640ID SUMMARY INFO12012-12-03 BID SUMMARY PG 1 OF 3 xis BID SUMMARY BIDDER #1 BIDDER #2 BIDDER #3 BIDDER #4 Owner CITY OF YAKIMA, CITY PROJECT NO. WW2327 Project: INDUSTRIAL WASTELINE EXTENSION HLA Project No. 12064 Date: DECEMBER 3, 2012 TTC Construction, LLC 12871 Summitview Road Yakima, WA 98908 P.0 W Contracting, Inc. P.0 Box 4772 Pasco, WA 99302 Hurst Construction LLC P 0 Box 990 Wenatchee, WA 98807 Rotschy, Inc. 9210 NE 62nd Ave. Vancouver, WA 98665 Item Item Description Unit Quantity ENGINEER'S ESTIMATE Unit Price Amount Unit Price Amount Unit Pnce Amount Unit Price Amount Unit Price Amount 26 Sodded Lawn Repair SY 750 $30.00 $22,500.00 $11 44 $8,580.00 $12.00 $9,000.00 $6.50 $4,875 00 $8.00 $6,000.00 27 Pavement Markings LS 1 $4,000.00 $4,000.00 $2,488.37 $2,488.37 $25,000.00 $25,000.00 $2,600.00 $2,600.00 $6,400.00 $6,400.00 28 Project Completion Documentation LS 1 $5,000.00 $5,000.00 $2,137.98 $2,137.98 $10,000.00 $10,000.00 $50.00 $50.00 $800.00 $800.00 29 Minor Change FA EST $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 ADDITIVE SCHEDULE A BID SUBTOTAL $1,245,817.00 $1,109,784.92 81,143,345.00 $1,156,533.75 $1,282,123.00 STATE SALES TAX 8.2% $102,156.99 $91,002.36 $93,754.29 $94,835.77 $105,134.09 ADDITIVE SCHEDULE A BID TOTAL $1,347,973.99 $1,200,787.28 $1,237,099.29 $1,251,369.52 $1,387,257.09 ADDITIVE SCHEDULE B - S. 2ND AVE. BY-PASS SITE 30 Project Temporary Traffic Control LS 1 83,000.00 $3,000.00 $2,048.11 $2,048.11 $4,500.00 $4,500.00 $520.00 $520.00 $2,000.00 $2,000.00 31 Shoring or Extra Excavation LF 5 $2.00 $10.00 $0.30 $1.50 $150.00 $750.00 $20.00 $100.00 $185.00 $925.00 32 PVC Sanitary Sewer Pipe 12 In. Diam. LF 5 $100.00 $500.00 $201.86 $1,009.30 $65.50 $327.50 $170.00 $850.00 $135.00 $675.00 33 Doghouse Manhole 60 In. Diam. EA 1 $18,000.00 $18,000.00 $8,532.78 $8,532.78 $3,500.00 $3,500.00 $12,400.00 $12,400.00 $9,300.00 $9,300.00 34 Doghouse Manhole 48 In. Diam. EA 1 $6,000.00 $6,000.00 $4,943.96 $4,943.96 $5,000.00 $5,000.00 $7,100.00 $7,100.00 $5,600.00 $5,600.00 35 HMA Cl. 1/2" PG 64-28 TON 8 $100.00 $800.00 $112.11 $896.88 $200.00 $1,600.00 $102.00 $816.00 $105.00 $840.00 36 Crushed Surfacing Base Course TON 13 $40.00 $520.00 $27.30 $354.90 $50.00 $650.00 $46.00 $598.00 $43.00 $559.00 37 Select Backfill, as Directed CY 35 $35.00 $1,225.00 $26.98 $944.30 $50.00 $1,750.00 $27.00 $945.00 $38.00 $1,330.00 38 Minor Change FA EST $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 SCHEDULE B BID SUBTOTAL $35,055.00 $23,731.73 $23,077.50 $28,329.00 $26,229.00 STATE SALES TAX 8.2% $2,874.51 $1,946.00 $1,892.36 $2,322.98 $2,150.78 SCHEDULE B BID TOTAL $37,929.51 $25,677.73 $24,969.86 $30,651.98 $28,379.78 TOTAL SCHEDULE A AND SCHEDULE B I $1,385,903.50 r $1,262,069.15 $1,282,021.50 $1,415,636.86 Bidder #5 Belsaas 8 Smith Construction, Inc. Bidder#6 KRCI, LLC Bidder#7 Selland Construction, Inc. Bidder#8 MDM Construction, Inc. Bidder #9 Razz Construction, Inc. Bidder#10 JamesW Fowler Co. Bid results can be found at: www.hlacivil.com *Highlighted amounts have been corrected. $1,464,295.49 CITY OF YAKIMA $1,552,980.53 $1,623,500.97 $1,650,206.57 INDUSTRIAL WASTELINE EXTENSION CITY PROJECT NO WW2327 HLA PROJECT NO. 12064 ( $1,945,170.04+ $2,130,72417 G PROJECTS\2012\12064\BID SUMMARY INFO \2012-12-03 BID SUMMARY PG 1 OF 3 xls 2 BID SUMMARY BIDDER #5 BIDDER #6 BIDDER #7 BIDDER #8 Owner CITY OF YAKIMA, CITY PROJECT NO. WW2327 Project: INDUSTRIAL WASTELINE EXTENSION HLA Project No. 12064 Date: DECEMBER 3, 2012 Belsaas & Smith Construction, Inc P O. Box 926 Ellensburg, WA 98926 KRCI, LLC P.0 Box 5120 Wenatchee, WA 98807 Selland Construction, Inc. P.0 Box 119 Wenatchee, WA 98807 MDM Construction, Inc. P.0 Box 2006 Hayden, ID 83835 Item No. Item Description Unit Quantity ENGINEER'S ESTIMATE Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount SCHEDULE A - INDUSTRIAL WASTELINE EXTENSION 1 Mobilization LS 1 $100,000.00 $100,000.00 $130,000.00 $130,000.00 $130,400.00 $130,400 •• $40,000 •• $40,000.00 $81,000.00 $81,000.00 2 Project Temporary Traffic Control LS 1 $90,000.00 .•••••II $97,000.00 $97,000.00$40,000.00 .••••••• $85,000.00 $85,000.00 $38,000.00 $38,000.00 3 Clearing and Grubbing LS 1 $20,000.00 . •••••I $25,000.00 $25,000.00 $5,000.00 , ••••r $50,000.00 $50,000.00 $31,676.95 $31,676.95 4 Removal of Structure and Obstruction LS 1 $5,000.00 . ••• • • $6,000.00 $6,000.00 $55,000.00 $125,000.00 $125,000.00 $11,500.00 $11,500.00 5 Shoring or Extra Excavation LF 8,542 $2.00 $17,084.00 $1.00 $8,542.00 $0.50 $4,271.00 $1.00 • r $16.00 $136,672.00 6 PVC Sanitary Sewer Pipe 18 In. Diam. LF 2,159 $60.00 $129,540.00 $55.00 $118,745.00 $72.00 $155,448.00 $75.00 $161,925.00 $58.50 $126,301.50 7 PVC Sanitary Sewer Pipe 12 In. Diam. LF 6,057• • $272,565.00 $44.00 $266,508.00 $61.00 $369,477.00 $68.00 $45.00 $272,565.00 8 PVC Sanitary Sewer Pipe 8 In. Diam • • $9,128.00 $33.00 $10,758.00 $50.00 $16,300 • • $45.00 $14,670.00 $43.25 $14,099.50 9 Jack/Bore 24-Inch Steel Casing Pipe LF 165 $600.00 $99,000.00 $550.00 $90,750.00 • • • $84,150.00 $400.00 $66,000.00 $485.00 $80,025.00 10 Slipline PVC Sanitary Sewer Pipe 18 In. Diam. LF 25 $60.00 $1,500.00 $120.00 $3,000 • • $50.00 $1,250.00 $75.00 $1,875.00 $61.60 $1,540.00 11 Slipline PVC Sanitary Sewer Pipe 12 In. Diam. LF 140 $45.00 $6,300.00 $80.00 $11,200.00 $25.00 $3,500.00 $50.00 $7,000.00 $43.80 $6,132.00 12 Manhole 48 ln. Diam. Type 1 EA 25 $2,500 $62,500.00 $3,400.00 $85,000.00 $3,000.00 $75,000.00 $2,400.00 $60,000.00 $2,150.00 $53,750.00 13 Drop Manhole 48 ln. Diam. EA 1 $4,500.00 $4,500.00 $7,000.00 $7,000.00 • I I • • $4,000.00 $4,000.00 $4,000.00 $5,300.00 $5,300.00 14 Catch Basin Type 1L EA 2 $1,500.00 $3,000.00 $1,900.00 $3,800.00 $1,700.00 $3,400.00 $1,100.00 $2,200.00 $1,650.00 $3,300.00 15 Adjust Cleanout EA 1 $400.00 $400.00 $500.00 $500.00 .••• 11 $400.00 $500.00 $500.00 $285.00 $285.00 16 Removable Bollard EA 2 $500.00 . I•••• $1,300.00 $2,600.00 $1,000.00 . ••III $800.00 $1,600.00 $1,015.00 $2,030.00 17 Unclassified Excavation Including Haul CY 300 $20.00 $6,000.00 $25.00 $7,500.00 $25.00 $7,500.00 $13.00 $3,900.00 $32.30 $9,690.00 18 Cold Mix Asphalt • r •• •• •r• •• $120.00 •• ••• •• rr rr 111 •• rr II •r• rr $220.00 $165,000.00 19 HMA Cl. 1/2"PG64-28 TON• $110.00 $188,100.00 $12000 $205,200.00 $130.00 $222,300.00 $105.00 r •r $130.00 $222,300.00 20 Crushed Surfacing Base Course TONr $20.00 . • • r • r $21.00 $73,710.00 $22.00 $77,220.00 $25.00 $87,750.00 $34.00 $119,340.00 21 Crushed Surfacing Top Course TON 170 $28.00 $4,760.00 $25.00 $4,250.00 $30.00 r r • • $75.00 $12,750.00 $30.50 $5,185.00 22 Cement Conc. Traffic Curb and Gutter LF 720 $16.00 $11,520.00 $23.00 $16,560.00 $21.00 $15,12o.00 $25.00 $21.50 $15,480.00 23 4-Inch Thick Cement Concrete Sidewalk SY 5 $100.00 $500.00 $120.00 $600.00 $175.00 $875.00 $150.00 $750.00 $260.00 $1,300.00 24 6-Inch Thick Cement Concrete Approach at Driveways$120.00 $90.00 :: $3,840.00 $90.00 $2,880.00 $100.00 $3,200.00 $62.50 $2,640.00 25 Select Backfill, as Directed CY 340 $26.00 $8,840.00 $32.00 $10,880.00 $27.00 $9,180.00 $12.00 $4,080.00 $31.00 $10,540.00 Competitive I recommend ENGINEER'S REPORT by this office AWARD MADE BY CITY MANAGER CITY OF YAKIMA bids were opened on December 3, 2012. All the contract be awarded to: TTC Construction, bids have LLC Ln:martAssooates, been reviewed INDUSTRIAL WASTELINE EXTENSION CITY PROJECT NO WW2327 HLA PROJECT NO 12064 City Manager f 41:,,, )� + ,NqiiiI '4 "•o,nrrn Project Engineer .•.HLA ♦ Hwbregise, Date: Inc. Civil Engineering• Lain Sone3ing•P6mning Date: G \ PROJECTS \2012112064\BID SUMMARY INFO \2012-12-03 BID SUMMARY PG 2 OF 3 Ms BID SUMMARY BIDDER #5 BIDDER #6 BIDDER #7 BIDDER #8 Owner CITY OF YAKIMA, CITY PROJECT NO. WW2327 Project: INDUSTRIAL WASTELINE EXTENSION HLA Project No. 12064 Date: DECEMBER 3, 2012 Belsaas & Smith Construction, In. P O Box 926 Ellensburg, WA 98926 KRCI, LLC P.0 Box 5120 Wenatchee, WA 98807 Selland Construction, Inc. P O. Box 119 Wenatchee, WA 98807 MDM Construction, Inc P 0 Box 2006 Hayden, ID 83835 Item No. Item Description Unit Quantity ENGINEER'S ESTIMATE Unit Price Amount Unit Price Amount Unit Price Amount Unit Pnce Amount Unit Price Amount 26 Sodded Lawn Repair SY 750 $30.00 $22,500.00 810.00 $7,500 00 $10.00 $7,500.00 $30.00 $22,500.00 $33.40 $25,050.00 27 Pavement Markings LS 1 $4,000.00 $4,000.00 $2,000.00 $2,000.00 $5,500.00 $5,500.00 $1,000.00 $1,000.00 $6,150.00 $6,150.00 28 Project Completion Documentation LS 1 $5,000.00 $5,000.00 $500.00 $500.00 $500.00 $500.00 $250.00 $250.00 $2,880.00 $2,880.00 29 Minor Change FA EST $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 SCHEDULE A BID SUBTOTAL $1,245,817.00 $1,313,943.00 $1,403,271.00 $1,473,918.00 $1,474,731.95 STATE SALES TAX 8.2% $102,156.99 $107,743.33 $115,068.22 $120,861.28 $120,928.02 SCHEDULE A BID TOTAL $1,347,973.99 $1,421,686.33 $1,518,339.22 $1,594,779.28 $1,595,659.97 ADDITIVE SCHEDULE B - S. 2ND AVE. BY-PASS SITE 30 Project Temporary Traffic Control LS 1 $3,000.00 $3,000.00 $4,400.00 $4,400.00 $2,100.00 $2,100.00 $2,500.00 $2,500.00 $4,750.00 $4,750.00 31 Shoring or Extra Excavation LF 5 $2.00 $10.00 $20.00 $100.00 $400.00 $2,000.00 $25.00 $125.00 $49.95 $249.75 32 PVC Sanitary Sewer Pipe 12 In Diam. LF 5 $100.00 $500.00 $60.00 $300.00 $90 00 $450.00 $50 00 $250.00 $80.60 $403.00 33 Doghouse Manhole 60 In. Diam. EA 1 $18,000.00 $18,000.00 $14,500.00 $14,500.00 $11,000.00 $11,000.00 $9,500.00 $9,500.00 $25,000.00 $25,000.00 34 Doghouse Manhole 48 In. Diam. EA 1 $6,000.00 $6,000.00 $11,500.00 $11,500.00 $8,000.00 $8,000.00 $5,800.00 $5,800.00 $9,900.00 $9,900.00 35 HMA Cl. 1/2" PG 64-28 TON 8 $100.00 $800.00 $250.00 $2,000.00 $275.00 $2,200.00 $125.00 $1,000.00 $300.00 $2,400.00 36 Crushed Surfacing Base Course TON 13 $40.00 $520.00 $30.00 $390.00 $22.00 $286.00 $150.00 $1,950.00 $125.00 $1,625.00 37 Select Backfill, as Directed CY 35 $35.00 $1,225.00 $34.00 $1,190.00 $28.00 $980.00 $12.00 $420.00 $31.00 $1,085.00 38 Minor Change FA EST $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 85,000.00 $5,000.00 ADDITIVE SCHEDULE B BID SUBTOTAL $35,055.00 $39,380.00 $32,016.00 $26,545.00 $50,412.75 STATE SALES TAX 8.2% $2,874.51 $3,229.16 $2,625.31 $2,176.69 $4,133.85 ADDITIVE SCHEDULE B BID TOTAL 837,929.51 $42,609.16 $34,641.31 $28,721.69 $54,546.60 TOTAL SCHEDULE A AND SCHEDULE B $1,385,903.50 $1,464,295.49 $1,552,980.53 81,623,500.97 $1,650,206.57 'Bid results can be found at: www.hlacivil.com 'Highlighted amounts have been corrected. CITY OF YAKIMA INDUSTRIAL WASTELINE EXTENSION CITY PROJECT NO WW2327 HLA PROJECT NO 12064 G \PROJECTS\2012\12064\BID SUMMARY INFO12012-12-03 BID SUMMARY PG 2 OF 3 xis 2 BID SUMMARY BIDDER#9 BIDDER#10 Owner CITY OF YAKIMA, CITY PROJECT NO. WW2327 Project: INDUSTRIAL WASTELINE EXTENSION HLA Project No. 12064 Date: DECEMBER 3, 2012 Razz Construction, Inc. 4055 Hammer Drive Bellingham, WA 98226 James W Fowler Co. 12775 Westview Drive Dallas, OR 97338 Item No. Item Description Unit Quantity ENGINEER'S ESTIMATE Unit Price Amount Unit Price Amount Unit Price Amount Unit PnceAmount Unit Price ' Amount SCHEDULE A- INDUSTRIAL WASTELINE EXTENSION 1 Mobilization LS 1 $100,000.00 $100,000.00 $175,513.60 $175,513.60 $190,000.00 $190,000.00 2 Project Temporary Traffic Control LS 1 $90,000.00 $90,000.00 $76,652.00 $76,652.00 $75,000.00 $75,000.00 3 Clearing and Grubbing LS 1 $20,000.00 $20,000.00 $26,060.00 $26,060.00 $35,000.00 $35,000.00 4 Removal of Structure and Obstruction LS 1 $5,000.00 $5,000.00 $75,784.00 $75,784.00 $25,000.00 $25,000.00 5 Shoring or Extra Excavation LF 8,542 $2.00 $17,084.00 $0.85 $7,260.70 $3.00 $25,626.00 6 PVC Sanitary Sewer Pipe 18 In. Diam. LF 2,159 $60.00 $129,540.00 $86.80 $187,401.20 $105.00 $226,695.00 7 PVC Sanitary Sewer Pipe 12 In. Diam. LF 6,057 $45.00 $272,565.00 $75.80 $459,120.60 $90.00 $545,130.00 8 PVC Sanitary Sewer Pipe 8 In. Diam. LF 326 $28.00 $9,128.00 $79.30 $25,851.80 $70.00 $22,820.00 9 Jack/Bore 24-Inch Steel Casing Pipe LF 165 $600.00 $99,000.00 $602.00 $99,330.00 $1,200.00 $198,000.00 10 Slipline PVC Sanitary Sewer Pipe 18 In. Diam. LF 25 $60.00 $1,500.00 $110 00 $2,750.00 $55.00 $1,375 00 11 Slipline PVC Sanitary Sewer Pipe 12 In. Diam. LF 140 $45.00 $6,300.00 $49.00 $6,860.00 $37.00 $5,180 00 12 Manhole 48 In. Diam Type 1 EA 25 $2,500.00 $62,500.00 $4,320.00 $108,000.00 $5,400.00 $135,000.00 13 Drop Manhole 48 In. Diam. EA 1 $4,500.00 $4,500.00 $6,410.00 $6,410.00 $7,300.00 $7,300.00 14 Catch Basin Type 1L EA 2 $1,500.00 $3,000.00 $2,240.00 $4,480.00 $2,200.00 $4,400.00 15 Adjust Cleanout EA 1 $400.00 $400.00 $280.00 $280.00 $250.00 $250.00 16 Removable Bollard EA 2 $50000 $1,000.00 $1,071.00 $2,142.00 $650.00 $1,300.00 17 Unclassified Excavation Including Haul CY 300 $20.00 $6,000.00 $37 15 $11,145.00 $45.00 $13,500.00 18 Cold Mix Asphalt TON 750 $100.00 $75,000.00 $138.60 $103,950.00 $110.00 $82,500.00 19 HMA Cl. 1/2" PG 64-28 TON 1,710 $110.00 $188,100.00 $100.00 $171,000 00 $95.00 $162,450.00 20 Crushed Surfacing Base Course TON 3,510 $20.00 $70,200.00 $23.75 $83,362.50 $25.00 $87,750.00 21 Crushed Surfacing Top Course TON 170 $28.00 $4,760.00 $46.55 $7,913.50 $29.00 $4,930.00 22 Cement Conc. Traffic Curb and Gutter LF 720 $16.00 $11,520.00 $23.40 $16,848.00 $22.00 $15,840.00 23 4-Inch Thick Cement Concrete Sidewalk SY 5 $100.00 $500.00 $220.00 $1,100.00 $230.00 $1,150.00 24 6-Inch Thick Cement Concrete Approach at Driveways SY 32 $90.00 $2,880.00 $110.00 $3,520.00 $125.00 $4,000.00 25 Select Backfill, as Directed CY 340 $26.00 $8,840.00 $21.85 $7,429.00 $38.00 $12,920.00 Competitive I recommend ENGINEER'S REPORT by this office. AWARD MADE BY CITY MANAGER CITY OF YAKIMA bids were opened on December 3, 2012 All bids have been reviewed the contract be awarded to- TTC Construction, LLC INDUSTRIAL WASTELINE EXTENSION CITY PROJECT NO WW2327 HLA PROJECT NO 12064 ,,-. \ .' i..1~� f T /'' ,1 � °a, >a.• R. City Manager Project Engineer Dale •iiih*i H LA Npr Huibregt.e, I.nmm.A.ciates, Inc. Date: Civil Engineering• UM Sun'eI'ing.Plenning G \PROJECTS\2012\12064\BID SUMMARY INFO\2012-12-03 SID SUMMARY PG 3 OF 3 xis BID SUMMARY BIDDER #9 BIDDER #10 Owner CITY OF YAKIMA, CITY PROJECT NO. WW2327 Project: INDUSTRIAL WASTELINE EXTENSION HLA Project No. 12064 Date: DECEMBER 3, 2012 Razz Construction, Inc. 4055 Hammer Drive Bellingham, WA 98226 James W Fowler ' - Dallas, OR No. DescriptionItem Item ®® ENGINEE 'S ESTIMATE Unit Pnce Amount Unit Price Amount Unit Pnc Amount Unit Price Amount Unit Pnce Arnount 26 Sodded Lawn Repair SY 750 $30.00 $22,500.00 $19.15 $14,362.50 $2.00 $1,500.00 27 Pavement Markings LS 1 $4,000.00 $4,000.00 $5,900.00 $5,900.00 $5,500.00 $5,500.00 28 Project Completion Documentation LS 1 $5,000.00 $5,000.00 $34,415.00 $34,415 00 $3,000.00 $3,000.00 29 Minor Change FA EST $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 SCHEDULE A BID SUBTOTAL $1,245,817.00 $1,749,841.40 $1,918,116.00 STATE SALES TAX 8.2% $102,156.99 $143,486.99 $157,285.51 SCHEDULE A BID TOTAL $1,347,973.99 $1,893,328.39 $2,075,401.51 ADDITIVE SCHEDULE B - S 2ND AVE. BY-PASS SITE 30 Project Temporary Traffc Control LS 1 $3,000.00 $3,000.00$4,970.00 $4,970.00 $8,700.00 $8,700.00 31 Shoring or Extra Excavation LF 5 $2.00 $10.00$1.00 $5.00 $400.00 $2,000.00 32 PVC Sanitary Sewer Pipe 12 In. Diam. LF 5 $100.00 $500.00$8.00 $40.00 $225.00 $1,125.00 33 Doghouse Manhole 60 In. Diam. EA 1 $18,000.00 $18,000.00$19,320.00$19,320.00 $17,500.00 $17,500.00 34 Doghouse Manhole 48 In Diam. EA 1 $6,000.00 $6,000.00$15,758 00 $15,758.00 $14,000.00 $14,000.00 35 HMA CI. 1/2" PG 64-28 TON 8 $100.00 $800.00 $100.00 $800.00 $100.00 $800.00 36 Crushed Surfac ng Base Course TON 13 $40.00 $520 00$46.60 $605.80 $60.00 $780.00 37 Select Backfll, as Directed CY 35 $35.00 $1,225.00 $40A0 $1,414.00 $35.00 $1,225.00 38 Minor Change FA EST $5,000.00 $5,000.00$5,000.00 $5,000.00 $5,000.00 $5,000.00 ADDITIVE SCHEDULE B BID SUBTOTAL $35,055.00 $47,912.80 $51,130.00 STATE SALES TAX 8.2 % $2,874.51 $3,928.85 $4,192.66 ADDITIVE SCHEDULE B BID TOTAL $37,929.51 $51,841.65 $55,322.66 TOTAL SCHEDULE A AND SCHEDULE B $1,385,903.50 $1 945,170.04 $2,130,724.17 'Bid results can be found at: www.hlacivil.com `Highlighted amounts have been corrected. CITY OF YAKIMA INDUSTRIAL WASTELINE EXTENSION CITY PROJECT NO WW2327 HLA PROJECT NO. 12064 G \PROJECTS\2012\12064\BID SUMMARY INFO\2012-12-03 BID SUMMARY PG 3 OF 3 xls 2 WASHINGTON STATE cs• t DEPARTMENT OF COMMERCE ':, a1 F AGENCY NUMBER 1030 Short Code Commerce Contract Number PC13-961-059 VOUCHER DISTRIBUTION Form 19-1A DEPARTMENT OF COMMERCE - PO BOX 42525 OLYMPIA, WA 98504-2525 r, INSTRUCTION TO VENDOR OR CLAMANT Submit this form to claim payment for materials. merchandise or services, Show complete detail for anal item VENDOR OR CLAIMANT (Warrant is to be payable to, City of Yakima 129 N. 2nd st Yakima, WA 98901 Vendor's Certificate: The individual signing this voucher below warrants they have the authority to do so as authonxed and on behalf of the entity identified in the Vendor/Claimant section The individual signing below certifies under penalty of pel)ury that the Items and totals listed herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discn • - se of age, sex, marital status, race, creed, color national origin, handicap, religion or Viet era or disabl,.., Wane status d(SIGN Contact Person: Shelley Willson 8 Phone. (509) 576-6303 IN BLUE INK) ii /� ,/ + i 1� �� tk• 1 '"C 1l Email: Shelley Willson©yaklmawa.gov Contract Period: August, 28,2012 to June 1, 2032 REPORT PERIOD- 03/19/2013 ;through 04/10/2013 (TITLE) (DATE) DATE DESCRIPTION BUDGET PREVIOUSLY REQUESTED AMOUNT THIS INVOICE AWARD REMAINING BALANCE 04/10/13 Reimbursement Request 08 (See attached Summary) 52,000,000 00 51,500,367 33 $113,136.16 5386,496 51 50 00 50 00 50.00 $0 00 $0 00 50 00 $0 00 $0 00 $0 00 $0 00 $0 00 SO 00 50 00 50 00 $0 00 SO 00 SO 00 50 00 TOTALS 52,000,000.00 $1,500,367 33 $113,136.16 5386,496.51 Match: Year 1 Dollars/Coding PROGRAM APPROVAL (Toe InVu,dual signing INS voucher warrens trey have:he authority 10 sign this voucher ) DATE DOC DATE CURRENT DOC NO REFERENCE DOC NO. VENDOR NUMBER and SUFFIX S W V0007122-00 ACCOUNT NO Aso NUMBER 26762 VENDOR MESSAGE TRANS CODE MASTER INDEX SUB OBJ SUB SUB 08J GL ACCT SUBSID AMOUNT INVOICE SIGNATURE OF ACCOUNTING PREPARER FOR PAYMENT DATE WARRANT TOTAL ACCOUNTING APPROVAL FOR PAYMENT DATE revised 5/11/11 A19 -1a - basic form