HomeMy WebLinkAboutR-2010-026 Yakima Railroad Grade Separations Phase 2, Revolving Fund Loan Agreement with Washington State DOERESOLUTION NO. R-2010-26
A RESOLUTION authorizing the City Manager to execute a Revolving Fund Loan
Agreement with the Washington State Department of Ecology for
construction of the Yakima Railroad Grade Separations Phase 2 — Lincoln
Avenue stormwater requirements treatment system and authorization for
the City Manager to sign other documents pertaining to the Ecology loan
process.
WHEREAS, the City desires to construct the Yakima Railroad Grade Separations Phase
2 - Lincoln Avenue project beginning in 2010; and,
WHEREAS, the City applied for Washington State Department of Ecology FY2010 Water
Quality Financial Assistance funds to create a water quality treatment system for the Yakima
Railroad Grade Separations Phase 2 - Lincoln Avenue project; and
WHEREAS, the City was awarded a total eligible loan amount of $1,214,000 at 2.9%
interest, payable over a twenty year period; and
WHEREAS, providing treatment of stormwater runoff for redevelopment projects is a
mandate of the City's National Pollutant Discharge Elimination System (NPDES) Phase II permit;
and
WHEREAS, it is in the best interest of the City to utilize the loan award to construct the
stormwater treatment system for the Yakima Railroad Grade Separations Phase 2 - Lincoln
Avenue project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the "FY2010 Revolving
Fund Loan Agreement" with the Washington State Department of Ecology for construction of the
Yakima Railroad Grade Separations Phase 2 — Lincoln Avenue stormwater requirements
treatment system and authorization for the City Manager to sign other documents pertaining to
the Ecology loan process.
ADOPTED BY THE CITY COUNCIL this 16th day of February 2010.
Micah Cawley, Magor
ATTEST:
DEPARTMENT OF
ECOLOGY
MORI' State of Washington
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
Table of Contents
Page
PART I. GENERAL INFORMATION 3
PART II. PROJECT SUMMARY 5
PART III. PROJECT BUDGET 6
PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT 6
PART V. SCOPE OF WORK 6
PART V(A). SPECIAL TERMS AND CONDITIONS 8
PART VI. LOAN INTEREST RATE AND TERMS 8
PART VII. ALL AGREEMENTS CONTAINED HEREIN 9
ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL 1
ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION 2
ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS REQUESTING
FEDERAL ASSISTANCE 2
ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE WASHINGTON STATE
WATER POLLUTION CONTROL REVOLVING FUND 1
ACCOUNTING STANDARDS 1
ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE 1
ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES 1
AUTHORITY 1
CERTIFICATIONS 1
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(FOR FEDERALLY FUNDED PROJECTS) 2
Page 1
COMMENCEMENT OF WORK
2
COVENANTS AND AGREEMENTS 2
FACILITIES PROJECTS: PLANNING (IF APPLICABLE) 4
FACILITIES PROJECTS: PLANS AND SPECIFICATIONS FOR FACILITIES PROJECTS (IF APPLICABLE) 4
FACILITIES PROJECTS: CONSTRUCTION MANAGEMENT 5
GROWTH MANAGEMENT PLANNING 6
INCREASED OVERSIGHT 6
LOAN REPAYMENT 6
LOCAL LOAN FUND PROJECTS 8
MINORITY AND WOMEN'S BUSINESS PARTICIPATION 8
MODIFICATIONS TO AGREEMENT 9
PAYMENT REQUEST SUBMITTALS 9
POST PROJECT ASSESSMENT SURVEY 10
PREVAILING WAGE 10
PROCUREMENT 11
PUBLIC AWARENESS 11
REPORTS; DOCUMENTS 11
REPRESENTATIONS AND WARRANTIES 12
SEWER -USER FEE ORDINANCES AND USER -CHARGE SYSTEM 12
SIGNAGE 13
SMALL BUSINESS IN RURAL AREAS FOR FEDERALLY FUNDED PROJECTS) 13
TERMINATION AND DEFAULT; REMEDIES 13
WATER QUALITY MONITORING 15
ATTACHMENT 5: AGREEMENT DEFINITIONS 1
ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN
AGREEMENTS OF THE DEPARTMENT OF ECOLOGY 2
ATTACHMENT 7: WATER QUALITY PROGRAM - FINANCIAL MANAGEMENT POST PROJECT ASSESSMENT
SURVEY 1
ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE 1
Page 2
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
FOR
LINCOLN AVENUE GRADE SEPARATION STORM DRAINAGE PROJECT
THIS is a binding loan agreement entered into by and between the state of Washington Department of
Ecology [DEPARTMENT] and City of Yakima [RECIPIENT]. The purpose of this loan agreement
[AGREEMENT] is to provide funds to the RECIPIENT to carry out the activities for the project
[PROJECT] described in this AGREEMENT.
This AGREEMENT consists of 10 pages and 8 attachments.
Capitalized terms used, but not otherwise defined, in this AGREEMENT are defined in ATTACHMENT 5.
PART I. GENERAL INFORMATION
PROJECT Title:
PROJECT Period:
LOAN Number:
LOAN Amount:
Interest Rate:
LOAN Term:
State Fiscal Year:
RECIPIENT Information
RECIPIENT Name:
Mailing Address:
Lincoln Avenue Grade Separation Storm Drainage Project
Effective Date: July 1, 2009 Completion Date: October 1, 2012
FEDERAL TAXPAYER ID NUMBER:
PROJECT Contact:
PROJECT Manager:
Mailing Address:
Email Address:
Phone Number:
L1000030
$1,214,000
2.9%
20 Years
2010
City of Yakima
129 North 2nd Street
Yakima, WA 98901
91-6001293
Dick Zais
Randy Meloy
129 North 2nd Street,
Yakima, WA 98901
rmeloy@ci.yakima.wa.us
509 576-6606
Page 3
Ecology Project Contact Information
PROJECT Manager:
Email Address:
Phone Number:
Fax Number:
Address:
Financial Manager:
Email Address:
Phone Number:
Fax Number:
Address
FUNDING TYPES:
Sanjay Barik
saba461@ecy.wa.gov
(509) 454-4247
(509) 575-2809
Central Regional Office
WA State Department of Ecology
15 West Yakima Ave, Suite 200
Yakima, WA 98902-3452
Bill Hashim
bhas461@ecy.wa.gov
(360) 407-6467
(360) 407-7151
WA State Department of Ecology
Water Quality Program, FMS
P.O. Box 47600
Olympia, WA 98504-7600
Federal Portion of Revolving Fund: ❑ Yes (Catalog of Federal Domestic Assistance Number 66.458) ® No
Revolving Fund Amount (federal monies): $1,214,000
(Capitalization Grants and state match for Clean Water State Revolving Funds; Environmental Protection Agency,
Office of Water)
State Portion of Revolving Fund: ® Yes ❑ No
Revolving Fund Amount (state monies): $
State Centennial Loan Funds: (1 Yes ® No $
GENERAL LOAN INFORMATION:
Increased Oversight: (7 Yes ® No
Useful life of the PROJECT: 20 years
PROJECT TYPE: Check all that apply
Facilities Project: ® Yes ❑ No
Activities Project: ® Yes ❑ No
Page 4
LOAN SECURITY: Check all that apply
Does this AGREEMENT and the LOAN to be made constitute Revenue Secured Lien Obligation of
the RECIPIENT: ❑ Yes ® No
Does this AGREEMENT and the LOAN to be made constitute a general obligation debt of the
RECIPIENT or the state of Washington: ® Yes ❑ No
Does this AGREEMENT and the LOAN to be made constitute a valid general obligation of the
RECIPIENT payable from special assessments: n Yes ® No -
Is this LOAN secured with dedicated revenue through a Tribal Governmental Enterprise:
❑ Yes ® No
IMPORTANT DATES:
Estimated Project Start Date: July 1, 2009
Initiation of Operation (10): ® Yes ❑ No I0 Date: June 1, 2011
Project completion date: October 1, 2011
Prior Authorization: ❑ Yes ® No If yes, Effective Date:
Interim Refinance: ® Yes ❑ No If yes, Effective Date: July 1, 2009
Post Project Assessment Date (see Part IV and ATTACHMENT 4): October 1, 2015
AGREEMENT Effective Date:
The effective date of this AGREEMENT is the date this AGREEMENT is signed by the
DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of
this AGREEMENT, without written Prior Authorization approval from the DEPARTMENT, will be at
the sole expense and risk of the RECIPIENT.
PART II. PROJECT SUMMARY
The RECIPIENT will redirect stormwater runoff from its municipal separate storm sewer system
(MS4) on Lincoln Avenue into a presettling basin, water quality pond and infiltration pond. The use of
these Best Management Practices will help address pollution in the Yakima River by keeping the
untreated stormwater from the project area from reaching the river. Once treated, the water will be
redirected back into a conveyence system before being discharged into the Yakima River. This type of
stormwater treatment is being used with increasing regularity in Washington State.
Page 5
PART III. PROJECT BUDGET
Elements (Objects & Tasks)
1
Total
PROJECT
Cost
Total Eligible
PROJECT Cost
LOAN
AMOUNT
1.Project administration/management
$25,000
$25,000
$25,000
2.Land Purchase for Treatment Process
$159,500
$159,500
$159,500
3.Construct stormwater treatment
system
$970,000
$970,000
$970,000
4. Construction Management
$59,500
$59,500
$59,500
Total
$1,214,000
$1,214,000
*$1,214,000
*Thp DEPARTMENT'S r;.--....
Office will track to the total eligible Revolving Fund LOAN amount. The
RECIPIENT cannot deviate amongst elements without DEPARTMENT approval.
Other Funding Sources: n Yes (if Yes, list sources and amounts) No
PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT
(see Important Dates in Part I and Post Project Assessment in Attachment 4)
A. Financial Assistance Water Quality Project Goals: One or more of the selected following goals
apply to this project:
n Severe Public Health Hazard or Public Health Emergency eliminated.
® Designated beneficial uses will be restored or protected, 303(d) -Listed water bodies
restored to water quality standards, and healthy waters prevented from being degraded.
n Regulatory compliance with a consent decree, compliance orders, TMDL or waste load
allocation achieved.
B. Water Quality Project Outcomes: The following are quantitative results anticipated from the
project.
1. Treat over 217,000 gallons of polluted stormwater runoff each year before it enters the
Yakima River or infiltrating into the groundwater every year.
C. Environmental Mitigation: n Yes No If Yes, list the environmental mitigation measures:
PART V. SCOPE OF WORK
Task 1 - Project Administration/Management (Total Task Cost: $25,000)
A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited
to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress
Page 6
reports; compliance with applicable procurement, contracting, and interlocal agreement
requirements; attainment of all required permits, licenses, easements, or property rights
necessary for the project; and submittal of required performance items.
B. The RECIPIENT will manage the.project. Efforts will include: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to
maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all
affected local, state, or federal jurisdictions; and any interested individuals or groups. The
RECIPIENT will carry out this project in accordance with any completion dates outlined in this
agreement.
Required Performance:
1. Effective administration and management of this grant project.
2. Timely submittal of all required performance items, progress reports, and financial
vouchers.
Task 2 —Land Purchase for Treatment Process (Total Eligible Task Cost: $159,500)
A. The RECIPIENT will purchase land from BNSF Railway Company for the installation of
stormwater runoff treatment BMPs. Purchase must be completed prior to BMP plans and
specifications being submitted to the DEPARTMENT. Land purchase must be integral to the
treatment process and be consistent with WAC 713-100(18)
Required Performance:
1. Provide the Appraisers Report, Real Estate Purchase and Sale Agreement to the
DEPARTMENTS Project Manager.
2. Provide land purchase plans to the DEPARTMENTS Project Manager.
Task 3 -Construct the Stormwater Treatment System (Total Task Cost: $970,000)
RECIPIENT will:
1. Build a wet well to collect the stormwater, runoff.
2. Purchase and set new pumps for conveying runoff from the wet well to the pre -settling basin.
3. Complete work with the power utility to have redundant power provided from two different
substations (in case a storm should knock out one of the substations).
4. Construct a pre -settling basin for all collected stormwater which will allow sediments and
pollutants to settle and allow for evaporation for low volumes of stormwater.
5. Construct a water quality pond which will allow further settling of sediments and pollutants,
and allow for further evaporation;and
6. Construct an infiltration pond which will allow the treated water to infiltrate into the
ground.
Required Performance:
1. Provide the design and specificaiton of the water quality treatment system to the
DEPARTMENT'S Project Manager within 30 days of the contract effective date.
2. Construct the water quality treatment system per the design and specification.
Page 7
Task 4 —Construction Management (Total Task Cost: $59,500)
The RECIPIENT will provide construction inspection of the project. Responsibilities will include, but
not be limited to: monitoring of Contractor's work; conformity to contract plans and special provisions;
and creating pay notes for all unit bid items used in the construction of the facility.
Required Performance:
1. Daily effective monitoring of Contractor's work during construction of the water quality
treatment system.
2. Provide Final As -Built plans of the facility to the DEPARTMENTS Project Manager.
3. Provide an Operation and Maintenance manual for the wetwell pump to the DEPARTMENTS
Project Manager.
PART V(a). SPECIAL TERMS AND CONDITIONS
None
PART VI. LOAN INTEREST RATE AND TERMS
Source and Availability; LOAN Amounts; LOAN Terms
This AGREEMENT will remain in effect until the date of final repayment of the LOAN, unless
terminated earlier according to the provisions herein.
Subject to all of the terms, provisions, and conditions of this AGREEMENT, and subject to the
availability of funds, the DEPARTMENT will loan to the RECIPIENT the sum of one million two
hundred and fourteen thousand dollars ($1,214,000) (Estimated LOAN Amount).
When the PROJECT Completion Date or the Initiation of Operation Date has occurred, if appropriate,
the DEPARTMENT and the RECIPIENT will execute an amendment to this AGREEMENT which
details the final LOAN amount (Final LOAN Amount), and the DEPARTMENT will prepare a final
LOAN repayment schedule, in the form of ATTACHMENT 8. The Final LOAN Amount will be the
combined total of actual disbursements and all accrued interest to the computation date.
The Estimated LOAN Amount and the Final LOAN Amount (in either case, as applicable, LOAN
Amount) will bear interest at the rate of 2.9% per annum, calculated on the basis of a 365 -day year.
Interest on the Estimated LOAN Amount will accrue from and be calculated based on the date that
each payment is mailed to the RECIPIENT. The Final LOAN Amount will be repaid in equal
installments semiannually over a term of twenty years, as provided in ATTACHMENT 8.
For wastewater construction hardship projects, the DEPARTMENT will review and evaluate the
RECIPIENT's financial circumstances for an appropriate interest rate to address financial hardship
within applicable federal and state regulations as related to the eligible construction cost of the
PROJECT defined in this AGREEMENT. The review and evaluation will be based on the final
eligible construction costs and receipt of any additional state or federal grants and loans for the
Page 8
PROJECT.
PART VII. ALL AGREEMENTS CONTAINED HEREIN
The RECIPIENT will ensure this project is completed according to the details of this agreement. The
RECIPIENT may elect to use its own forces or it may contract for professional services necessary to
perform and complete project -related work, if approved by the DEPARTMENT.
The following contain the entire understanding between the parties, and there are no other
understandings or representations other than as set forth, or incorporated by reference, herein:
• This AGREEMENT
• ATTACHMENT 1:
• ATTACHMENT 2:
• ATTACHMENT 3:
• ATTACHMENT 4:
• ATTACHMENT 5:
• ATTACHMENT 6:
Opinion of RECIPIENT'S Legal Counsel
Authorizing Ordinance or Resolution
Preaward Compliance Review Report for All Applicants Requesting Federal
Assistance
General Project Management Requirements
Agreement Definitions
Loan General Terms and Conditions (Pertaining to Grant and Loan Agreements)
of the Department of Ecology
• ATTACHMENT 7: Water Quality Program - Financial Management Post Project Assessment Survey
• ATTACHMENT 8: Estimated Loan Repayment Schedule
• The effective edition;at thesigriing of this agreement, of the DEPARTMENT's "Administrative
Requirements for Ecology -Grants and Loans"
• The associated funding guidelines that correspond to the Fiscal Year in which the project is funded
• The applicable statutes and regulations
• As a subrecipient of federal funds, the RECIPIENT must comply with the following federal
regulations:
OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations
OMB Circular A-133, Compliance Supplement
OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments
OMB Circular A-102, Uniform Administrative Requirements
• The following is applicable for facilities projects:
• Declaration of Construction - Form ECY 040-2-28(b)
RECIPIENT's legislation (ordinance for cities, towns, -and applicable charter counties;
resolution for others) adopting the Utility system or plan, or system or plan of additions and
betterments to and extensions of the Utility (in the case of cities and towns), or comprehensive
plan, or comprehensive plan amendment, relating to the PROJECT
• Facilities Plan Approval Letter (where applicable) and any amendments
• Plans and Specifications Approval Letter (where applicable) and any amendments
No changes, additions, or deletions to this AGREEMENT will be authorized without a formal written
amendment, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may
redistribute the loan budget. The DEPARTMENT or the RECIPIENT may change their respective
staff contacts without the concurrence of either party.
Page 9
By signing this agreement, the RECIPIENT acknowledges that opportunity to thoroughly review the
terms of this agreement, the attachments, all incorporated or referenced documents, as well as all
applicable statutes, rules, or guidelines mentioned in this agreement was given.
IN WITNESS WHEREOF, the DEPARTMENT and the RECIPIENT have executed this
AGREEMENT as of the dates set forth below, to be effective as provided above.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF YAKIMA
KE L S 'r' WIND, P.E., P.G. DATE R.A. ZAIS
WA '1 R QUALITY PROGRAM MANAGER
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(February 2009)
CITY MANAGER
Page 10
CITY CONTRAC f NO ��. 4/0
RESOLUTION NO: / Ui/) " 2�
3/:7/io
DATE
ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL
I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney
of City of Yakima [the RECIPIENT], and I have examined any and all documents and records
pertinent to the AGREEMENT.
Based on the foregoing, it is my opinion that:
A. The RECIPIENT is a duly organized and legally existing municipal corporation or
political subdivision under the laws of the state of Washington or a federally recognized
Indian tribe;
B. The RECIPIENT has the power and authority to execute and deliver and to perform its
obligations under the AGREEMENT;
C. The AGREEMENT has been duly authorized and executed by RECIPIENT's authorized
representatives and, to my best knowledge and after reasonable investigation, all other
necessary actions have been taken to make the AGREEMENT valid, binding, and
enforceable against the RECIPIENT in accordance with its terms, except as such
enforcement is affected by bankruptcy, insolvency, moratorium, or other laws affecting
creditors' rights and principles of equity if equitable remedies are sought;
D. To my best knowledge and after reasonable investigation, the AGREEMENT does not
violate any other agreement, statute, court order, or law to which the RECIPIENT is a
party or by which it or its properties are bound;
E. There is currently no litigation seeking to enjoin the commencement or completion of the
PROJECT or to enjoin the RECIPIENT from entering into the AGREEMENT or from
accepting or repaying the LOAN. The RECIPIENT is not a party to litigation which will
materially affect its ability to repay such loan on the terms contained in the
AGREEMENT; and
F. The AGREEMENT constitutes a valid general obligation of the RECIPIENT payable
from annual ad valorem taxes to be levied within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all of the
taxable property within the boundaries of the RECIPIENT.
Capitalized terms used herein will have the meanings ascribed thereto in the AGREEMENT between
the RECIPIENT and the DEPARTMENT.
?-/Lpi D
NT's Legal Counsel Date
Page 1 of ATTACHMENT 1
Ai t ACILMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION
Page 1 of ATTACI-EtVLENT 2
•
RESOLUTION NO. R-2010-26
A RESOLUTION authorizing the City Manager to execute a Revolving Fund Loan
Agreement with the Washington State Department of Ecology for
construction of the Yakima .Railroad Grade Separations Phase 2 — Lincoln
Avenue stormwater requirements treatment system and authorization for
the City Manager to sign other documents pertaining to the Ecology loan
process.
WHEREAS, the City desires to construct the Yakima Railroad Grade Separations Phase
2 - Lincoln Avenue project beginning in 2010; and;
WHEREAS, the City applied for Washington State Department of Ecology FY2010 Water
Quality Financial Assistance funds to create a water quality treatment system for the Yakima
Railroad Grade Separations Phase 2 -. Lincoln Avenue project; and.
WHEREAS, the City was awarded a total eligible loan amount. of $1,214,000 at 2.9%
interest, payable over a twenty year period; and
WHEREAS, providing treatment of stormwater runoff for redevelopment projects is a
mandate of the City's National Pollutant Discharge Elimination System (NPDES) Phase II permit;
and
WHEREAS, it is in the best interest of the City to utilize the loan award to construct the
stormwater treatment system for the Yakima Railroad Grade Separations Phase 2 - Lincoln
Avenue project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is- hereby- authorized and directed -to execute- the "EY2010 Revolving
Fund Loan Agreement" with the Washington State Department of Ecology for construction of the
Yakima Railroad Grade Separations Phase 2 — Lincoln Avenue stormwater requirements
treatment system and authorization for the City Manager to sign other documents pertaining to
the Ecology loan process.
ADOPTED BY THE CITY COUNCIL this 16th day of February 2010.
ATTEST:
City Clerk
Micah Cawley, Ma or
FORM Approved By OMB: No. 2030-0020 Expires 04730-2012
ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS
REQUESTING FEDERAL ASSISTANCE
Form available electronically at: http://www.epa.gov/oqd/forms/forms.htm
(Super crosscutter: required for all loans, except Centennial)
Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance Note: Read
instructions on page two of this attachment.
I. Applicant/Recipient (Name, Address, State, Zip Code).
'L;i-y of Yak , 12,9 N. 2"`-54. , ialtfma ,1n1A Tool
DUNS No.
07821265
II. Is the applicant currently receiving EPA assistance?
Yes
III. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color,
national origin, sex, age, or disability. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse
side.)
NIA
IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipient within the last year that allege discrimination
based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not
include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.)
NIA
V. List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review
and any decisions, orders, or agreements based on the review. Please describe any corrective action taken. (40 C.F.R. § 7.80(c)(3))
NIA
VI. Is the applicant requesting EPA assistance for new construction? If no, proceed to VII; if yes, answer (a) and/or (b) below. _ a. If the grant is
for new construction, will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by
persons with disabilities? If yes, proceed to VII; if no, proceed to V1(b).b. If the grant is for new construction and the new facilities or alterations to
existing facilities will not be readily accessible to and usable by persons with disabilities, explain how a regulatory exception (40 C.F.R. § 7.70) applies.
Yes Q.) ye 5
VII.* Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, sex, age,
or disability in its programs or activities? (40 C.F.R. § 5.140 and § 7.95) _ a. Do the methods of notice accommodate those with impaired vision or
hearing? b. Is the notice posted in a prominent place in the applicant's offices or facilities or, for education programs and activities, in appropriate
periodicals and other written communications? c. Does the notice identify a designated civil rights coordinator?
YDS a) yes bj yes c,) yes'
VIII.* Does the applicant/recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40
C.F.R..§ 7.85(a))
No
IX.* Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English proficiency? (40 C.F.R
Part 7, E.O. 13166) vle 5
X. If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee to coordinate its
compliance with 40 C.F.R Parts 5 and 7? Provide the name, title, position, mailing address/e-mail address, fax number, and telephone number of the
designated coordinator. 5112 ril .50+;4-11 , kvmati (ZeSources /l'1ar) 12 1 N, 2."-- 54, , %a k; Mn , Wr4 Beta/ ,
5Smiii,V c;,ynk;m4 ,Wa,v5 , CO7• 5.76-635$ , 507 2119- h' 1
XI* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the
prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 7? Provide a legal citation or Internet address for, or a copy of,
the procedures. _ Ye5 11.14p; 11 wwiv,c; •yuk;,v,n ,Wa,vS'.ServPtP5 /lir /
For the Applicant/Recipient _ I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. I
acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I
will fully comply with all applicable civil rights statutes and EPA regulations.
B. Title of Authorized Official C i4- Y ✓t'lu n a9e r
C. Date 3 I //0
l
A. Signature of Au on ficial _ _
For the U.S. Environmental Protection Agency _I have reviewed the information provided by the applicant/recipient and hereby certify that the
applicant/recipient has submitted all preaward compliance information required by 40 C.F.R. Parts 5 and 7; that based on the information submitted, this
application satisfies the preaward provisions of 40 C.F.R. Parts 5 and 7; and that the applicant has given assurance that it will fully comply with all
applicable civil rights statutes and EPA regulations.
A. Signature of Authorized EPA Official _ See ** note on
reverse side.
B. Title of Authorized EPA Official
C. Date
Page 2 of ATTACHMENT 3
General
Recipients of Federal financial assistance from the U.S.
Environmental Protection Agency must comply with the following
statutes and regulations.
Title VI of the Civil Rights Acts of 1964 provides that no person in
the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity
receiving Federal financial assistance. The Act goes on to explain
that the statute shall not be construed to authorize action with respect
to any employment practice of any employer, employment agency, or
labor organization (except where the primary objective of the Federal
financial assistance is to provide employment).
Section 13 of the 1972 Amendments to the Federal Water Pollution
Control Act provides that no person in the United States shall on the
ground of sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under the Federal Water
Pollution Control Act, as amended. Employment discrimination on.
the basis of sex is prohibited in all such programs or activities.
Section 504 of the Rehabilitation Act of 1973 provides that no
otherwise qualified individual with a disability in the United States
shall solely by reason of disability be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
Employment discrimination on the basis of disability is prohibited in
all such programs or activities.
The Age Discrimination Act of 1975 provides that no person on the
basis of age shall be excluded from participation under any program
or activity receiving Federal financial assistance. Employment
discrimination is not covered. Age discrimination in employment is
prohibited by the Age Discrimination in Employment Act
administered by the Equal Employment Opportunity Commission.
Title IX of the Education Amendments of 1972 provides that no
person in the United States on the basis of sex shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any education program or activity receiving
Federal financial assistance. Employment discrimination on the basis
of sex is prohibited in all such education programs or activities. Note:
an education program or activity is not limited to only those
conducted by a formal institution.
40 C.F.R. Part 5 implements Title IX of the Education Amendments
of 1972.
40 C.F.R. Part 7 implements Title VI of the Civil Rights Act of 1964,
Section 13 of the 1972 Amendments to the Federal Water Pollution
Control Act, and Section 504 of The Rehabilitation Act of 1973.
The Executive Order 13166 (E.O. 13166) entitled; "Improving
Access to Services for Persons with Limited English Proficiency"
requires Federal agencies work to ensure that recipients of Federal
financial assistance provide meaningful access to their LEP
applicants and beneficiaries.
FORM Approved By OMB: No. 2030-0020 Expires 04-30-2012
Items
"Applicant" means any entity that files an application or unsolicited
proposal or otherwise requests EPA assistance. 40 C.F.R. §§
5.105,7.25.
"Recipient" means any entity, other than applicant, which will actually
receive EPA assistance. 40 C.F.R. §§ 5.105, 7.25. •
"Civil rights lawsuits and administrative complaints" means any
lawsuit or administrative complaint alleging discrimination on the
basis of race, color, national origin, sex, age, or disability pending or
decided against the applicant and/or entity which actually benefits
from the grant, but excluding employment complaints not covered by
40 C.F.R. Parts 5 and 7. For example, if a city is the named applicant
but the grant will actually benefit the Department of Sewage, civil
rights lawsuits involving both the city and the Department of Sewage
should be listed.
"Civil rights compliance review" means any review assessing the
applicant's and/or recipient's compliance with laws prohibiting
discrimination on the basis of race, color, national origin, sex, age, or
disability.
Submit this form with the original and required copies of applications,
requests for extensions, requests for increase of funds, etc. Updates of
information are all that are required after the initial application
submission.
If any item is not relevant to the project for which assistance is
requested, write "NA" for "Not Applicable."
In the event applicant is uncertain about how to answer any questions,
EPA program officials should be contacted for clarification.
* Questions VII — XI are for informational use only. and will not affect
an applicant's grant status. However, applicants should answer all
questions on this form. (40 C.F.R. Parts 5 and 7).
** Note: Signature appears in the Approval Section of the EPA
Comprehensive Administrative Review For Grants/Cooperative
Agreements & Continuation/Supplemental Awards form.
Approval indicates, in the reviewer's opinion, questions I — VI of Form
4700-4 comply with the preaward administrative requirements for EPA
assistance.
"Burden Disclosure Statement"
EPA estimates public reporting burden for the preparation of this form
to average 30 minutes per response. This estimate includes the time for
reviewing instructions, gathering and maintaining the data needed and
completing and reviewing the form. Send comments regarding the
burden estimate, including suggestions for reducing this burden, to:
U.S. EPA, Attn: Collection Strategies Division (MC 2822T), Office of
Information Collection, 1200 Pennsylvania Ave., NW, Washington,
D.C. 20460; and to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, D.C. 20503.
The information on this form is required to enable the U.S.
Environmental Protection Agency to determine whether applicants and
prospective recipients are developing projects, programs and activities
on a nondiscriminatory basis as required by the above statutes and
regulations.
Page 3 of ATTACHMENT 3
ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS
FOR THE WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
AND CENTENNIAL CLEAN WATER PROGRAM PROJECTS
(UNLESS MODIFIED BY ASPECIAL TERM AND CONDITION IN PART V.)
ACCOUNTING STANDARDS
The RECIPIENT will maintain accurate records and accounts for the PROJECT ("PROJECT
Records") in accordance with Chapter 43.09.200 RCW "Local Government Accounting - Uniform
System of Accounting."
These PROJECT Records will be separate and distinct from the RECIPIENT's other records and
accounts (General Accounts). Eligible costs will be audited every other year, or annually if more than
$500,000 of federal funds are received in any given year, by an independent, certified accountant or
state auditor, which may be part of the annual audit of the General Accounts of the RECIPIENT. If the
annual audit includes an auditing of this PROJECT, a copy of such audit, including all written
comments, recommendations, and findings, will be furnished to the DEPARTMENT within 30 days
after receipt of the final audit report.
ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE
Technical assistance for agriculture activities provided under the terms of this LOAN will be consistent
with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide
for Washington State. However, technical assistance, proposed practices, or PROJECT designs that do
not meet these standards may be accepted if approved in writing by the NRCS and the
DEPARTMENT.
ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES
Best Management Practices (BMPs) intended primarily for production, operation, or maintenance are
not eligible. BMPs must be preapproved by the DEPARTMENT.
AUTHORITY
Authority of RECIPIENT
This AGREEMENT is authorized by the Constitution and laws of the state of Washington, including
the RECIPIENT's authority, and by the RECIPIENT pursuant to the ordinance or resolution attached
as ATTACHMENT 2.
Opinion of RECIPIENT's Legal Counsel
The DEPARTMENT has received an opinion of legal counsel to the RECIPIENT in the form and
substance of ATTACHMENT 1.
CERTIFICATIONS
The RECIPIENT certifies by signing this AGREEMENT that all negotiated interlocal agreements
necessary for the PROJECT are, or will be, consistent with the terms of this AGREEMENT and
Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT will submit a copy of each
interlocal agreement necessary for the PROJECT to the DEPARTMENT.
The RECIPIENT certifies by signing this AGREEMENT that all applicable requirements have been
satisfied in the procurement of professional services and that eligible and ineligible costs are separated
and identifiable. The RECIPIENT will submit a copy of the final negotiated agreement to the
DEPARTMENT for eligibility determination.
Page 1 of ATTACHMENT 4
The RECIPIENT certifies by signing this AGREEMENT that the requirements of Chapter 39.80
RCW, "Contracts for Architectural and Engineering Services," have been, or will be, met in procuring
qualified architectural/engineering services. The RECIPIENT will identify and separate eligible and
ineligible costs in the final negotiated agreement and submit a copy of the agreement to the
DEPARTMENT.
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, AND OTHER RESPONSIBILITY
MATTERS (FOR FEDERALLY FUNDED PROJECTS)
Federal Executive Order 12549 provides that Executive departments and agencies will participate in a
government -wide system for monitoring suspended, debarred, and excluded parties. These
departments and agencies have further passed this requirement onto their recipients and have provided
pertinent regulations in the Code of Federal Regulations. The RECIPIENT, by signing this agreement,
certifies that it is not suspended, debarred, or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT is unable to
certify to the statements contained in the certification, they must provide an explanation as to why they
cannot. The web site for checking suspended, debarred, or excluded parties is www.epls.gov.
COMMENCEMENT OF WORK
The DEPARTMENT reserves the right to terminate this AGREEMENT if work does not commence
on the project within 4 months after the DEPARTMENT's deadline for signing this LOAN
AGREEMENT.
COVENANTS AND AGREEMENTS
Acceptance
The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this AGREEMENT, including all incorporated and referenced documents, and to
fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its
application, accompanying documents, and communications filed in support of its request for a LOAN.
Accounts and Records
The RECIPIENT will keep proper and separate accounts and records in. which complete and separate
entries will be made of all transactions relating to this AGREEMENT. The RECIPIENT will keep
such records for six years after receipt of final loan disbursement.
Alteration and Eligibility of PROJECT
During the term of this AGREEMENT, the RECIPIENT (i) will not materially alter the design or
structural character of the PROJECT without the prior written approval of the DEPARTMENT and (ii)
will take no action which would adversely affect the eligibility of the PROJECT as defined by
applicable funding program rules and state statutes, or which would cause a violation of any covenant,
condition, or provision herein.
Collection of ULID Assessments (if used to secure the repayment of this LOAN)
All ULID Assessments in the ULID will be paid into the Loan Fund and used to pay the principal of
and interest on the LOAN. The ULID Assessments in the ULID may be deposited into the Reserve
Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable.
Free Service
The RECIPIENT will not furnish Utility service to any customer free of charge if providing that free
Page 2 of ATTACHMENT 4
service will affect the RECIPIENT's ability to meet the obligations of this AGREEMENT.
Insurance
The RECIPIENT will at all times carry fire and extended coverage, public liability and property
damage, and such other forms of insurance with responsible insurers and with policies payable to the
RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility
as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like
systems, and against such claims for damages as are ordinarily carried by municipal or privately -
owned utilities engaged in the operation of like systems, or it. will self -insure or will participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to
protect it against loss.
Levy and Collection of Taxes (if used to secure the repayment of this loan)
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges to include in its budget
and levy taxes annually within the constitutional and statutory tax limitations provided by law without
a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an
amount sufficient, together with other money legally available and to be used therefore, to pay when
due the principal of and interest on the LOAN, and the full faith, credit and resources of the
RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt
payment of that principal and interest.
Maintenance and Operation of a Funded Utility
The RECIPIENT will at all times maintain and keep a funded Utility in good repair, working order and
condition and also will at all times operate the Utility and the business in an efficient manner and at a
reasonable cost.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of
this LOAN)
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the
Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and
interest on the LOAN.
Reserve Requirement
For loans that are Revenue -Secured Debt with terms greater than five years, the RECIPIENT must
accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the
LOAN during the first five years of the repayment period of the LOAN. This amount will be
deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments
commencing within one year after the Initiation of Operation or the PROJECT Completion Date,
whichever comes first.
"Reserve Account" means, for a LOAN that constitutes Revenue -Secured Debt, an account of that
name created in the Loan Fund to secure the payment of the principal and interest on the LOAN. The
amount on deposit in the Reserve Account may be applied by the RECIPIENT (i) to make, in part or in
full, the final repayment to the DEPARTMENT of the LOAN Amount or, (ii) if not so applied, for any
other lawful purpose of the RECIPIENT once the LOAN Amount, plus interest and any other amounts
owing to the DEPARTMENT, have been paid in full.
Sale or Disposition of Utility
The RECIPIENT will not sell, transfer, or otherwise dispose of any of the works, plant, properties,
facilities or other part of the Utility, or any real or personal property comprising a part of the Utility
unless -one of the following applies:
1. The facilities or property transferred are not material to the operation of the Utility; or have
Page 3 of ATTACHMENT 4
become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility;
or are no longer necessary, material, or useful to the operation of the Utility.
2. The aggregate depreciated cost value of the facilities or property being transferred in any
fiscal year comprises no more than three percent of the total assets of the Utility.
3. The RECIPIENT receives from the transferee an amount which will be in the same proportion
to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the
total amount outstanding less the amount of cash and investments in the bond and loan funds
securing such debt) as the Gross Revenue of the Utility from the portion of the Utility sold or
disposed of for the preceding year bears to the total Gross Revenue for that period.
The proceeds of any transfer under this paragraph will be used (i) to redeem promptly, or irrevocably
set aside for the redemption of, Senior Lien Obligations and to redeem promptly the LOAN, or (ii) to
provide for part of the cost of additions to and betterments and extensions of the Utility.
FACILITIES PROJECTS: PLANNING (IF APPLICABLE)
The RECIPIENT will develop a facilities plan. An approvable facilities plan will meet the
requirements of Chapter 173-240 WAC, "Submission of Plans and Reports for Construction of
Wastewater Facilities" and the facility planning requirements of "Title 40 Code of Federal
Regulations."
FACILITIES PROJECTS: PLANS AND SPECIFICATIONS FOR FACILITIES PROJECTS
(IF APPLICABLE)
Plans and Specifications. The RECIPIENT will develop plans and specifications that must be
reviewed and approved by Water Quality Program staff of the DEPARTMENT and be consistent with:
1. Requirements stated in Chapter 173-240 WAC, "Submission of Plans and Reports for
Construction of Wastewater Facilities," as related to plans and specifications.
2. Good engineering practices and generally recognized engineering standards, including, but
not limited to, the STATE OF WASHINGTON'S CRITERIA FOR SEWAGE WORKS DESIGN
(December 1998 or more recent edition).
3. The approved facilities plan.
4. Other reports approved by the DEPARTMENT which pertain to the facilities design.
DEPARTMENT Approval. The plans, specifications, construction contract documents, and addenda
must be approved by the RECIPIENT prior to submittal for DEPARTMENT review.
Projected Construction Schedule. An engineer's projected construction schedule will be prepared and
submitted to the DEPARTMENT at 90 percent completion of plans and specifications.
Construction Cost Estimate. A current, updated construction cost estimate will be submitted along
with each plan/specification submittal.
Form of Plans. All construction plans submitted to the DEPARTMENT for review' and approval will
be reduced to no larger than 11-1/2" x 17" legible size. They may, at the RECIPIENT's option, be
bound with the specifications or related construction contract documents or bound as a separate
document. All reduced drawings must be completely legible.
Operations Plan. The plans and specifications must also:
1. Include a Plan of Operation per the Water Quality Program Guidance document, PLANS OF
INTERIM OPERATION DURING CONSTRUCTION (October 21, 1992).
2. Include the information required in the Water Quality Program Guidance document,
Pate 4 of ATTACHMENT 4
OPERATION AND MAINTENANCE MANUAL FOR NONTREATMENT WASTEWATER FACILITIES
(October 21, 1992).
Plan of Operation. A preliminary plan of operation will be prepared consistent with the
DEPARTMENT'S GUIDELINES and submitted to the DEPARTMENT for review and approval with the
plans and specifications.
Approval by DEPARTMENT. The RECIPIENT will not proceed with any construction -related
activities until all necessary plans and specifications are approved in writing by the DEPARTMENT.
Change Orders. Change orders that are a significant deviation from the approved plans/specifications
must be submitted in writing for DEPARTMENT review and approval, prior to execution. All other
change orders must be approved by the DEPARTMENT for technical merit and should be submitted
within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if
appropriate), and the RECIPIENT prior to submittal for DEPARTMENT approval.
The DEPARTMENT may approve, through formal amendment to this AGREEMENT, funding for
change orders for up to five percent of the eligible portion of the low responsive responsible
construction bid(s).
Adjusted Construction Budget. The construction budget, as reflected in the LOAN, will be adjusted
once actual construction bids are received. If the low responsive responsible construct bid(s) exceed
the engineer's estimate of construction costs, the DEPARTMENT may approve, through formal
amendment to this AGREEMENT, funding increases for up to ten percent of the engineer's original
estimate.
Bids and Awards. DEPARTMENT approval of the plans, specifications, and construction documents
authorizes the RECIPIENT to solicit bids and award the construction contract (or reject bids) without
further DEPARTMENT authorization or approval. However, any additional costs resulting from
successful bid protests or other claims due to improper bid solicitation and award procedures will not
be considered eligible for LOAN participation.
FACILITIES PROJECTS: CONSTRUCTION MANAGEMENT
Plan of Operation. The plan of operation must be updated, as appropriate, before the start of
construction and at the 50 percent and 90 percent stage of construction, or more often if necessary.
The final plan of operation must be approved by the DEPARTMENT in writing before the
construction is completed and before final payment is made.
Construction Quality Assurance Plan. A detailed construction quality assurance plan will be submitted
at least 30 days prior to the commencement of construction. This plan must describe the activities
which will be undertaken to achieve adequate and competent performance of all construction work.
Construction Schedule. A construction schedule will be submitted to the DEPARTMENT within 30
days of the start of construction. The construction schedule will be revised and updated whenever
major changes occur and resubmitted to the DEPARTMENT. In the absence of any major changes,
the construction schedule should be resubmitted to the DEPARTMENT at a minimum of every three
months. When changes in the construction schedule affect previous cash flow estimates, revised cash
flow projections must also be submitted to the DEPARTMENT.
"As -Built" Drawings. Upon completion of construction, the RECIPIENT will provide the
DEPARTMENT's Project Manager with a set of "as -built" plans (i.e., record construction drawings
which reflect changes, modifications, or other significant revisions made to the project during
construction) in AutoCAD electronic format, and in reduced (11"x17") paper copy format, in addition
to a certification statement signed by a professional engineer, indicating that the project was completed
Page 5 of ATTACHMENT 4
in accordance with the plans and specifications and major change orders approved by the
DEPARTMENT's Project Engineer and shown on the "as -built" plans.
Operations and Maintenance Manual. An Operations and Maintenance Manual ("O&M Manual") will
be prepared in conformance with WAC 173-240-080, "Operation and Maintenance Manual," and the
DEPARTMENT'S GUIDELINES. The O&M Manual will be submitted to the Project Manager for
review and comment at the 50 percent stage of construction. The RECIPIENT will coordinate the
development of the O&M Manual with the DEPARTMENT following the initial submittal to ensure
that a completed O&M Manual, approved by the DEPARTMENT, will exist at the 90 percent stage of
construction. The O&M Manual will be updated as necessary following plant start-up to reflect actual
operating experience.
GROWTH MANAGEMENT PLANNING
The RECIPIENT certifies by signing this AGREEMENT for a Water Pollution Control Facilities
project that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth
Management—Planning by Selected Counties and Cities." If the status of compliance changes, either
through RECIPIENT or legislative action, the RECIPIENT will notify the DEPARTMENT in writing
of this change within 30 days.
INCREASED OVERSIGHT
If increased oversight is selected for this project, the RECIPIENT will submit all backup
documentation with each payment request submittal. In addition, the DEPARTMENT's Project
Manager will establish a schedule for additional site visits to provide technical assistance to the
RECIPIENT and verify progress or payment information.
LOAN REPAYMENT
Sources of LOAN Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the LOAN
from the sources identified below and to perform and observe all of the other agreements
and obligations on its part contained herein will be absolute and unconditional, and will not
be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the
repayment of the LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with
all of the covenants, agreements, and attachments contained herein.
2. For General Obligation. This LOAN is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This LOAN is a General
Obligation Debt of the RECIPIENT payable from special assessments to be imposed within
the constitutional and statutory tax limitations provided by law without a vote of the
electors of the RECIPIENT on all of the taxable property within the boundaries of the
RECIPIENT.
4. For Revenue -Secured; Lien Position. This LOAN is a Revenue -Secured Debt of the
RECIPIENT's Utility. This LOAN will constitute a lien and charge upon the Net Revenue
junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien
Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID)
Assessments, this LOAN will constitute a lien upon ULID Assessments in the ULID prior
and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN from
Pane 6 of ATTACNIUFNT d
any funds legally available to it.
6. Defeasance of the LOAN; Refinancing or Additional Financing of the PROJECT. So long
as the DEPARTMENT will hold this LOAN, the RECIPIENT will not be entitled to, and
will not effect, an economic Defeasance of the LOAN. The RECIPIENT also will not
refinance the PROJECT, including making an advance refunding of the LOAN, or obtain
additional grants or loans to finance the PROJECT, without the written consent of the
DEPARTMENT.
If the RECIPIENT defeases or advance refunds the LOAN or obtains additional grants or
loans for the PROJECT without DEPARTMENT consent, it will be required to use the
proceeds thereof immediately upon their receipt, together with other available RECIPIENT
funds, to repay both of the following:
(i) the LOAN Amount with interest
(ii) any other obligations of the RECIPIENT to the DEPARTMENT under this
AGREEMENT
unless in its sole discretion the DEPARTMENT finds that repayment from those additional
sources would not be in the public interest.
Failure to repay the LOAN Amount plus interest within the time specified in the
DEPARTMENT's notice to make such repayment will incur Late Charges and will be
treated as a LOAN Default.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this AGREEMENT, the
first semiannual payment of principal and interest on this LOAN will be paid no later than
the earlier of
(i) one year after the PROJECT Completion Date or Initiation of Operation Date
(ii) five years from the first payment by the DEPARTMENT
Equal payments will be due every six months thereafter.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated
holiday for Washington State agencies, the payment will be due on the next business day for
Washington State agencies.
Payments will be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with the
DEPARTMENT's Financial Manager.
No change to the amount of the semiannual principal and interest payments will be made
without a formal amendment to this AGREEMENT. The RECIPIENT will continue to
make semiannual payments based on this AGREEMENT until the amendment is effective,
at which time the RECIPIENT's payments will be made pursuant to the amended
AGREEMENT.
2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the
DEPARTMENT pursuant to this AGREEMENT remains unpaid after it becomes due and
payable, the DEPARTMENT may assess a Late Charge. The Late Charge will be one
Page 7 of ATTACHMENT 4
percent per month on the past due amount starting on the date the debt becomes past due
and until it is paid in full.
3. Repayment Limitations. Repayment of the LOAN is subject to the following additional
limitations, among others: those on Defeasance, refinancing and advance refunding,
termination, and default and recovery of payments.
4. Prepayment of LOAN. So long as the DEPARTMENT will hold this LOAN, the
RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the
LOAN or any portion of the remaining unpaid principal balance of the LOAN Amount.
Any prepayments on the LOAN will be applied first to any accrued interest due and then to
the outstanding principal balance of the LOAN Amount. If the RECIPIENT elects to
prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT will first
contact the DEPARTMENT's Revenue/Receivable Manager of the Fiscal Office.
LOCAL LOAN FUND PROJECTS
Local Loan Fund. The RECIPIENT will use the funds received from the DEPARTMENT under this
AGREEMENT to establish and administer a loan fund.
Local Loan Fund Servicing. The RECIPIENT will be responsible for loan servicing and collecting and
tracking payments, but may contract for such services through a lending institution. The RECIPIENT
will officially approve or deny the loan request and will establish the interest rate and the repayment
period.
Schedule. A schedule for PROJECT completion, including milestone dates for loan marketing
activities, numbers of loan applications and closures, disbursements, application deadlines, etc., will be
submitted by the RECIPIENT with each quarterly progress report.
MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-
owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the
effective date of this AGREEMENT.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT
agrees to utilize the DEPARTMENT's goals for minority- and women -owned business participation in
all bid packages, requests for proposals, and purchase orders. These goals are expressed as a
percentage of the total dollars available for the purchase or contract and are as follows:
Construction 10% MBE 6% WBE
Equipment 8% MBE 6% WBE
Supplies 8% MBE 4% WBE
Services 10% MBE 4% WBE
Professional Services 10% MBE 6% WBE
No contract award or rejection will be made based on achievement or non -achievement of the goals.
Achievement of the goals is encouraged, however, and the RECIPIENT and all prospective bidders or
persons submitting qualifications will take the following affirmative steps in any procurement initiated
after the effective date of this AGREEMENT:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are
Page 8 of ATTACHMENT 4
potential sources of services or supplies.'
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
By signing this AGREEMENT, the RECIPIENT certifies that the above steps were, or will be,
followed. Any contractor engaged by the RECIPIENT under this AGREEMENT will be required to
follow the above five affirmative steps in the award of any subcontract(s).
The RECIPIENT will report to the DEPARTMENT at the time of submitting each invoice, on forms
provided by the DEPARTMENT, payments made to qualified firms. The report will address:
1. Name and state OMWBE certification number of any qualified firm receiving funds under
the voucher, including any sub -and/or sub -subcontractors.
2. The total dollar amount paid to qualified firms under this invoice:
MODIFICATIONS TO AGREEMENT
No subsequent amendments to this AGREEMENT will be of any force or effect unless reduced to a
writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and
made part hereof, except:
Insubstantial modifications may be approved in writing by the Department's Project Manager without
a formal amendment. Insubstantial changes include:
• LOAN AGREEMENT Contact
• Contact for billing/invoice questions
• The DEPARTMENT'S Project Manager or Financial Manager
• Frequency and number of required submittals
• Budget allocations not affecting the total LOAN Amount
• Similar changes requested by the RECIPIENT
No amendment to this AGREEMENT will be effective until accepted or affirmed in writing by the
DEPARTMENT.
In no event will any oral agreement or oral commitment be effective to amend this AGREEMENT.
PAYMENT REQUEST SUBMITTALS
Equipment Purchase
Equipment must be pre approved by the DEPARTMENT's project manager.
Requests for Payment
Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV.
A copy of this document will be furnished to the RECIPIENT.
1 Procedure. Payment requests will be submitted by the RECIPIENT to the Financial
Manager of the DEPARTMENT.
2. Cost Reimbursable Basis: Payments to the RECIPIENT will be made on a reimbursable
basis at least quarterly, but no more often than once per month unless allowed by the
Page 9 of ATTACHMENT 4
DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may
require the RECIPIENT to submit regular payment requests to ensure efficient and timely
use of funds.
3. Documentation: Each request for payment will be submitted by the RECIPIENT, along
with documentation of the expenses per the DEPARTMENT's ADMINISTRATIVE
REQUIREMENTS.
4. Required Forms: The RECIPIENT will submit all forms and supportive documentation to
the DEPARTMENT's Financial Manager. Invoice voucher submittals will include:
• State of Washington Invoice Voucher Form A19 -1A
• Form B2 (ECY 060-7)
• Form C2 (ECY 060-9)
• Form D (ECY 060-11)
5. Period of Payment. Payments will only be made for eligible costs of the PROJECT
pursuant to the AGREEMENT and performed after the effective date and prior to the
expiration date of the AGREEMENT, unless those dates are specifically modified in this
AGREEMENT.
6. Ineligible Costs. Payments will be made only for eligible PROJECT costs incurred and will
not exceed the Estimated LOAN Amount. If any audit identifies LOAN funds which were
used to support ineligible costs, such funds may be immediately due and payable to the
DEPARTMENT notwithstanding any provision to the contrary herein.
7. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and
benefits of the RECIPIENT will be allowed.
8. Certification. Each payment request will constitute a certification by the RECIPIENT to
the effect that all representations and warranties made in this AGREEMENT remain true as
of the date of the request and that no adverse developments, affecting the financial
condition of the RECIPIENT or its ability to complete the PROJECT or to repay the
principal of or interest on the LOAN, have occurred since the date of this AGREEMENT.
Any changes in the RECIPIENT's financial condition will be disclosed in writing to the
DEPARTMENT by the RECIPIENT in its request for payment.
POST PROJECT ASSESSMENT SURVEY
The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality
project outcomes and the status of eventual environmental results or goals from the project
The RECIPIENT will e-mail the survey, as an attachment, to the DEPARTMENT's Project Manager
and the DEPARTMENT's Water Quality Program Performance Measures Lead.
The DEPARTMENT may conduct site interviews and inspections, and may otherwise evaluate the
Project.
PREVAILING WAGE
The RECIPIENT will require all contractors and subcontractors on the PROJECT to pay wages at rates
not less than those prevailing for the same type of work on similar construction in the immediate
locality, in compliance with state prevailing wage rate requirements, Chapter 39.12 RCW Prevailing
Wages on Public Works. To obtain the state prevailing wage rates, contact the Washington State
Department of Labor and Industries.
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PROCUREMENT
The RECIPIENT is responsible for procuring professional, personal, and other services using sound
business judgment and good administrative procedures. This includes issuance of invitation of bids,
requests for proposals, selection of contractors, award of subagreements, and other related procurement
matters. The RECIPIENT will follow State procurement laws.
PUBLIC AWARENESS
All public awareness notices or announcements related to the PROJECT, financed in whole or in part
by LOAN funds, should inform the public of the involvement of the DEPARTMENT and the
Environmental Protection Agency if applicable.
REPORTS; DOCUMENTS
Progress, Quarterly, and Other Reports; Invoices. The RECIPIENT will submit progress reports to the
DEPARTMENT quarterly or such other schedule as set forth herein. Quarterly reports will cover the
periods:
January 1 through March 31
April 1 through June 30
July 1 through September 30
October 1 through December 31
Quarterly reports are due 15 days following the end of the quarter being reported. Payment requests
will not be processed without a Progress Report.
At a minimum, all Progress Reports must contain a comparison of actual accomplishments to the
objectives established for the period, the reasons for delay if established objectives were not met,
analysis and explanation of any cost overruns, and any additional pertinent information specified in
this agreement. Even if no progress has occurred a progress report must still be submitted.
The RECIPIENT will also report in writing to the DEPARTMENT any problems, delays, or adverse
conditions which will materially affect its ability to meet PROJECT objectives or time schedules. This
disclosure will be accompanied by a statement of the action taken or proposed and any assistance
needed from the DEPARTMENT to resolve the situation.
The following additional reports will be required if requested by the DEPARTMENT:
1. Draft PROJECT completion reports — up to three copies
2. Draft PROJECT completion reports — up to three copies
3. Final PROJECT completion reports (of local significance) —up to seven copies
4. Final PROJECT completion reports (of statewide significance) — up to 50 copies
5. Design reports and 90 percent plans and specifications — up to two copies
6. Final plans and specifications - up, to three copies
7. Draft and final One -Year Certification reports — up to two copies
8. Other documents and correspondence that require DEPARTMENT approval — up to two
copies. (Once approval is given, one copy will be returned to the RECIPIENT. If the
RECIPIENT needs more than one approved copy, the number of submittals should be
adjusted accordingly).
9. Quarterly Progress Reports — two copies
The RECIPIENT will submit a copy of each quarterly progress report to both the Financial Manager
and the Project Manager of the DEPARTMENT.
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REPRESENTATIONS AND WARRANTIES
The RECIPIENT represents and warrants to the DEPARTMENT as follows:
A. Existence; Authority.
It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian tribe. It has full corporate power and authority to
execute, deliver, and perform all of its obligations under this AGREEMENT and to undertake the
PROJECT identified herein.
B. Application; Material Information.
All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with
its LOAN application were, when made, and are, as of the date the RECIPIENT executes this
AGREEMENT, true and correct. There is no material adverse information relating to the
RECIPIENT, the PROJECT, the LOAN, or this AGREEMENT known to the RECIPIENT which has
not been disclosed in writing to the DEPARTMENT.
C. Litigation; Authority.
No litigation is now pendingor, to the RECIPIENT'S knowledge, threatened, seeking to restrain, or
enjoin:
(i)
the execution of this AGREEMENT; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and
the levy and collection of ULID Assessments therein pledged to pay the principal of and
interest on the LOAN (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the
LOAN (for general obligation -secured loans and general obligation payable from special -
assessment -secured loans); or
(iii) in any manner questioning the proceedings and authority under which the AGREEMENT,
the LOAN, or the PROJECT are authorized. Neither the corporate existence or boundaries
of the RECIPIENT nor the title of its present officers to their respective offices is being
contested. No authority or proceeding for the execution of this AGREEMENT has been
repealed, revoked, or rescinded.
D. Not an Excess Indebtedness
For LOANs secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this AGREEMENT and the LOAN to be made do not
create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
E. Due Regard
For LOANs secured with a Revenue Obligation: The RECIPIENT has exercised due regard for
Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations
and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not
obligated itself to set aside and pay into the Loan Fund a greater amount of the Gross Revenue of the
Utility than, in its judgment, will be available over and above such Maintenance and Operation
Expense and those debt service requirements.
SEWER -USER FEE ORDINANCES AND USER -CHARGE SYSTEM
Sewer -Use Ordinance or Resolution
If not already in existence, the RECIPIENT will adopt and will enforce a sewer -use ordinance or
resolution to require that all new sewers and connections are designed and constructed in accordance
with applicable state and local standards. Such ordinance or resolution will be submitted to the
Page 12 of ATTACHMENT 4
DEPARTMENT upon request by the DEPARTMENT.
User -Charge System
The RECIPIENT certifies that it has the legal authority to establish and implement a wastewater
treatment user -charge system and will adopt a system of wastewater treatment user -charges to assure
that each recipient of the water pollution control facility will pay its proportionate share of the cost of
operation and maintenance, including replacement during the design life of the PROJECT.
In addition, the RECIPIENT will regularly evaluate the user -charge system, at least annually, to ensure
the system provides adequate revenues necessary to operate and maintain the water pollution control
facility, to establish a reserve to pay for replacement, and to repay the LOAN.
SIGNAGE
All site-specific projects must have a sign of sufficient size to be seen from nearby roadways
acknowledging department financial assistance and left in place throughout the life of the project or
facility. Department logos must be on all signs and documents. Logos will be provided as needed
SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS)
If a contract is awarded by the RECIPIENT under this AGREEMENT, the RECIPIENT is also
required to utilize the following affirmative steps:
1. Place Small Business in Rural Areas (SBRAs) on solicitation lists.
2. Make sure the SBRAs are solicited whenever there are potential sources.
3. Divide total requirements, when economically feasible, into small tasks or quantities to
permit maximum participation by SBRAs.
4. Establish delivery schedules, where requirements of work will permit, which could
encourage participation by SBRAs.
5. Use the services of the Small Business Administration and the Minority Business
Development Agency of the U.S. Department of Commerce, as appropriate.
6. Require the contractor to comply with the affirmative steps outlined above.
The negotiated "Fair Share Percentage" for the SBRAs is one-half of one percent.
There is no formal reporting requirement for SBRAs at this time; however, it is highly recommended
that the RECIPIENT keep records of SBRA participation.
TERMINATION AND DEFAULT; REMEDIES
A. Termination and Default Events
1. For Insufficient DEPARTMENT or RECIPIENT Funds. This AGREEMENT may be
terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds.
2. For Failure to Commence Work. This AGREEMENT may be terminated by the
DEPARTMENT for failure of the RECIPIENT to commence PROJECT work.
3. Past Due Payments. The RECIPIENT will be in default of its obligations under this
AGREEMENT when any LOAN repayment becomes 60 days past due.
4. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance in full by the RECIPIENT of all of its obligations under this
AGREEMENT. The RECIPIENT will be in default of its obligations under this
AGREEMENT if, in the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably
failed to perform any obligation required of it by this AGREEMENT including, but not
limited to, the PROJECT Schedule contained in Section IV -E.
Page 13 of ATTACHMENT ENT 4
B. Procedures for Termination
If this AGREEMENT is terminated prior to PROJECT completion, the DEPARTMENT will provide
to the RECIPIENT a written notice of termination at least five working days prior to the effective date
of termination (the "Termination Date"). The written notice of termination by the DEPARTMENT
will specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay
any outstanding balance of the LOAN and all accrued interest (the "Termination Payment Date").
C. Termination and Default Remedies
1. No Further Payments. On and after the Termination Date, or in the event of a default event,
the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further
payments under this AGREEMENT.
2. Repayment Demand. In response to a termination event, except in the circumstances
described in Section VII -A-1, or in response to a default event, the DEPARTMENT may in
its sole discretion demand that the RECIPIENT repay the outstanding balance of the LOAN
Amount and all accrued interest.
3. Interest after Repayment Demand. From the time that the DEPARTMENT demands
repayment of funds, amounts owed by the RECIPIENT to the DEPARTMENT will accrue
additional interest at the rate of one percent per month, or fraction thereof.
4. Accelerate Repayments. In the event of a default, the DEPARTMENT may in its sole
discretion declare the principal of and interest on the LOAN immediately due and payable,
subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net
Revenue. Repayments not made immediately upon such acceleration will incur Late
Charges.
5. Late Charges. All amounts due to the DEPARTMENT and not paid by the RECIPIENT by
the Termination Payment Date or after acceleration following a default event, as applicable,
will incur Late Charges.
6. Intercept State Funds. In the event of a default event and in accordance with RCW
90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the
DEPARTMENT'S sole discretion, be withheld and applied to the repayment of the LOAN.
7. Property to DEPARTMENT. In the event of a default event and at the option of the
DEPARTMENT, any property (equipment and land) acquired under this AGREEMENT
may, in the DEPARTMENT's sole discretion, become the DEPARTMENT's property. In
that circumstance, the RECIPIENT's liability to repay money will be reduced by an amount
reflecting the fair value of such property.
8. Documents and Materials. If this AGREEMENT is terminated, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, and reports or
other materials prepared by the RECIPIENT will, at the option of the DEPARTMENT,
become DEPARTMENT property. The RECIPIENT will be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other
materials.
9. Collection and Enforcement Actions. In the event of a default event, the state of
Washington reserves the right to take any actions it deems necessary to collect the amounts
due, or to become due, or to enforce the performance and observance of any obligation by
the RECIPIENT, under this AGREEMENT.
Page 14 of ATTACHMENT 4
10. Fees and Expenses. In any action to enforce the provisions of this AGREEMENT, reasonable
fees and expenses of attorneys and other reasonable expenses (including, without limitation,
the reasonably allocated costs of legal staff) will be awarded to the prevailing party as that
term is defined in RCW 4.84.330, "Actions on contract or lease ...—Waiver prohibited."
11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination
or default remedies provided in this AGREEMENT, the RECIPIENT will not be relieved of
any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or
the state of Washington because of any breach of this AGREEMENT by the RECIPIENT.
The DEPARTMENT may withhold payments for the purpose of setoff until such time as
the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined.
WATER QUALITY MONITORING
Quality Assurance Project Plan (QAPP):
Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality
Assurance Project Plan (QAPP). The QAPP must follow the DEPARTMENT's "Guidelines for
Preparing Quality Assurance Project Plans for Environmental Studies," (Ecology Publication No. 04-
03-030). The RECIPIENT may also reference the "Technical Guidance for Assessing the Quality of
Aquatic Environments," revised February 1994 (Ecology Publication No. 91-78).
(Remainder of this Page Intentionally Left Blank)
Page 15 of ATTACHMENT 4
Page 1 of ATTACHMENT 3
ATTACHMENT 5: AGREEMENT DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of
this AGREEMENT:
"Administrative Requirements" means the effective edition of DEPARTMENT's ADMINISTRATIVE
REQUIREMENTS FOR ECOLOGY GRANTS AND LOANS at the signing of this LOAN.
"Annual Debt Service" for any calendar year means for any applicable bonds or loans including the
LOAN, all interest plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt
Service for the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by
the number of those years.
"Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of
sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an
obligation as it comes due.
"DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency
or department.
"Estimated LOAN Amount" means the initial amount of funds loaned to the RECIPIENT.
"Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start
Date through the PROJECT Completion Date.
"General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem
taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
"General Obligation Payable from Special Assessments Debt" means an obligation of the
RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments
to be imposed within the constitutional and statutory tax limitations provided by law without a vote of
the electors of the RECIPIENT on all of the taxable property within the boundaries of the
RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the
maintenance and operation of the Utility and all earnings from the investment of money on deposit in
the Loan Fund, except (i) Utility. Local Improvement Districts (ULID) Assessments, (ii) government
grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings
or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund
until commingled with other earnings and revenues of the Utility or (C) held in a special account for
the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
"Guidelines" means the DEPARTMENT's Funding Guidelines that that correlate to the State Fiscal
Year in which the PROJECT is funded.
Page 1 of ATTACHMENT 5
"Initiation of Operation" is the actual date the Water Pollution Control Facilities financed with
proceeds of the LOAN begin to operate for its intended purpose.
"LOAN" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial
Clean Water Fund (Centennial) Loan made pursuant to this AGREEMENT.
"LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as
applicable.
"LOAN Fund" means the special fund of that name created by ordinance or resolution of the
RECIPIENT for the repayment of the principal of and interest on the LOAN.
"Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT
in causing the Utility to be operated and maintained in good repair, working order, and condition
including payments to other parties for the transmission, treatment, or disposal of sewage, but will not
include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense.
"Principal and Interest Account" means, for a LOAN that constitutes Revenue -Secured Debt, the
account of that name created in the Loan Fund to be first used to repay the principal of and interest on
the LOAN.
"PROJECT" means the PROJECT described in this AGREEMENT.
"PROJECT Completion Date" is the date specified in the AGREEMENT as that on which the Scope
of Work will be fully completed.
"PROJECT Schedule" is that schedule for the PROJECT specified in the AGREEMENT.
"Reserve Account" means, for a LOAN that constitutes Revenue -Secured Debt, the account of that
name created in the Loan Fund to secure the payment of the principal of and interest on the LOAN.
"Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue
of a utility and one not a general obligation of the RECIPIENT.
"Scope of Work" means the tasks and activities constituting the PROJECT.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT
outstanding on the date of execution of this AGREEMENT (or subsequently issued on a parity
therewith, including refunding obligations) or issued after the date of execution of this AGREEMENT
having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the
LOAN, subject only to Maintenance and Operation Expense.
"State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution
control revolving fund established by RCW 90.50A.020.
Page 2 of ATTACHMENT 5
"Termination Date" means the effective date of the DEPARTMENT's termination of the
AGREEMENT.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to the
DEPARTMENT any outstanding balance of the LOAN and all accrued interest.
"Total Eligible PROJECT Cost" means the sum of all costs associated with a water quality project
that have been determined to be eligible for DEPARTMENT grant or loan funding.
"Total PROJECT Cost" means the sum of all costs associated with a water quality project, including
costs that are not eligible for DEPARTMENT grant or loan funding.
"ULID" means any utility local improvement district of the RECIPIENT created for. the acquisition or
construction of additions to and extensions and betterments of the Utility.
"ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are
pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a
construction fund or account). ULID Assessments will include principal installments and any interest
or penalties which may be due.
"Utility" means the sewer system or the combined water and sewer system of the RECIPIENT, the
Net Revenue of which is pledged to pay and secure the LOAN.
(Revised September 2007)
Page 3 of ATTACHMENT 5
Page 1 of ATTACHMENT 6
ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS
PERTAINING TO GRANT AND LOAN AGREEMENTS OF
THE DEPARTMENT OF ECOLOGY
A. RECIPIENT PERFORMANCE
All activities for which loan funds are to be used will be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this AGREEMENT.
C. THIRD -PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts
with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment, and professional architectural and engineering
services will be awarded through a competitive process, if required by State law. The RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this AGREEMENT will be,transferred or assigned by
the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State, and local laws,
orders, regulations, and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the Project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and
make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT
Page 2 of ATTACHMENT 6
further agrees to affirmatively support the program of the Office of Minority and Women's
Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the
DEPARTMENT the percent of loan funds available to women or minority owned
businesses.
3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect
wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this AGREEMENT for
cause as provided in Section K.1.
G. KICKBACKS
The. RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved
in this Project to give up any part of the compensation to which he/she is otherwise entitled or receive
any fee, commission, or gift in return for award of a subcontract.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
AGREEMENT. Such records will clearly indicate total receipts and expenditures by fund
source and task or object. All loan records will be kept in a manner which provides an
audit trail for all expenditures. All records will be kept in a common file to facilitate
audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this AGREEMENT will be maintained by the RECIPIENT.
2. All loan records will be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three
years after the final loan repayment or any dispute resolution. If any such audits identify
discrepancies in the financial records, the RECIPIENT shall provide clarification and make
adjustments accordingly.
3. All work performed under this AGREEMENT and any equipment purchased will be made
available to the DEPARTMENT and to any authorized state, federal, or local representative
for inspection at any time during the course of this AGREEMENT and for at least three
years following loan termination or dispute resolution.
4. The RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations) or OMB Circular A-110 (Uniform
Administrative Requirements for Grants & Agreements with Institutions of Higher
Education, Hospitals and Other Non -Profit Organizations) if the RECIPIENT receives
federal funds in excess of $500,000. The RECIPIENT must forward a copy of the state
auditor's audit along with the RECIPIENT response and the final corrective action plan, as
approved by the SAO, to the DEPARTMENT within 90 days of the date of the audit report.
Page 3 of ATTACHMENT 6
5. The RECIPIENT shall provide the DEPARTMENT with a copy of the Single Audit Act
audit if the RECIPIENT expends more than $500,000 in federal Revolving Funds in a fiscal
year. The RECIPIENT shall submit this audit report within 9 months of the end of the
audit period.
6. The RECIPIENT shall inform the DEPARTMENT of findings and recommendations
pertaining to the Revolving Fund contained in the Single Audit Act audits or any other audit
conducted by the RECIPIENT, whether or not the $500,000 federal threshold was reached.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT quarterly or such other schedule
as set forth in the Scope of Work. The RECIPIENT shall also report in writing to the DEPARTMENT
any problems, delays or adverse conditions which will materially affect their ability to meet project
objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or
proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments will be
withheld if required progress reports are not submitted.
J. COMPENSATION
1. Method of Compensation. Payment will normally be made on a reimbursable basis as
specified in the loan AGREEMENT and no more often than once per month. Each request
for payment will be submitted by the RECIPIENT on State voucher request forms provided
by the DEPARTMENT, along with documentation of the expenses. Payments will be
made for each task/phase of the project, or portion thereof, as set out in the Scope of Work
when completed by the RECIPIENT and certified as satisfactory by the Financial Manager.
The payment request form and supportive documents must itemize all allowable costs by
major elements, as described in the Scope of Work. Instructions for submitting the
payment requests are found in "Administrative Requirements for Ecology Grants and
Loans," part IV, published by the DEPARTMENT. A copy of this document will be
furnished to the RECIPIENT. When payment requests are approved by the
DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests will be submitted to the DEPARTMENT and directed to the Financial
Manager assigned to administer this AGREEMENT .
2. Budget Deviation. Deviations in budget amounts are not allowed without written
amendment(s) to this AGREEMENT. Payment requests will be disallowed when the
RECIPIENT's request for reimbursement exceeds the State maximum share amount for that
element, as described in the Scope of Work.
3. Period of Compensation. Payments will only be made for action of the RECIPIENT
pursuant to the loan AGREEMENT and performed after the effective date and prior to the
expiration date of this AGREEMENT, unless those dates are specifically modified in
writing as provided herein.
Page 4 of ATTACHMENT 6
4. Final Request(s) for Payment. The RECIPIENT must submit final requests" for
compensation within 45 days after the expiration date of this AGREEMENT and within 15
days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent of each reimbursement payment as security for the RECIPIENT's performance and
a financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT
when the project(s) described herein, or a portion thereof, have been completed if, in the
DEPARTMENT's sole discretion, such payment is reasonable and approved according to
this AGREEMENT and, as appropriate, upon completion of an audit as specified under
section J.6.
6. Unauthorized Expenditures. All payments to the RECIPIENT will be subject to final audit
by the DEPARTMENT and any unauthorized expenditure(s) charged to this loan will be
refunded to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage, and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under
Washington state law for state employees.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this
AGREEMENT. In the event the RECIPIENT unjustifiably fails, in the opinion of the
DEPARTMENT, to perform any obligation required of it by this AGREEMENT, the
DEPARTMENT may refuse to pay any further funds and terminate this AGREEMENT by
giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data
studies, surveys, drawings, maps, models, photographs, and reports or other materials
prepared by the RECIPIENT under this AGREEMENT, at the option of the
DEPARTMENT, will become Department property and the RECIPIENT shall be entitled
to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of
Washington because of any breach of AGREEMENT by the RECIPIENT. The
DEPARTMENT may withhold payments for the purpose of setoff until such time as the
exact amount of damages due the DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state
allotment. When this AGREEMENT crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year.
The failure to appropriate or allot such funds will be good cause to terminate this
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AGREEMENT, as provided in paragraph K.1 above.
When this AGREEMENT crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein will be contingent upon
appropriation of funds by the RECIPIENT'S governing body; provided, however, that
nothing contained herein will preclude the DEPARTMENT from demanding repayment of
all funds paid to the RECIPIENT in accordance with Section O.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this AGREEMENT, or
by any date mutually agreed upon in writing for commencement of work, the
DEPARTMENT reserves the right to terminate this AGREEMENT.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any
provision of this AGREEMENT is not a waiver of any subsequent breach and will not be construed as a
modification of the terms of this AGREEMENT, unless stated as such in writing by the authorized
representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same, but the
DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce,
publish, recover, or otherwise use the material(s) or property and to authorize others to use
the same for federal, state, or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest
in patent rights to any inventions that developed by the RECIPIENT as provided in 35
U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in
printed reports, signs, brochures, pamphlets, etc., appropriate credit will be given to the
DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans," Part V, will control the use and disposition
of all real and personal property purchased wholly or in part with funds furnished by the
DEPARTMENT in the absence of state or federal statute(s), regulation(s), or policy(s) to
the contrary or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in perforrnance of the project, it will
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said
property is lost, stolen, or damaged while in the RECIPIENT's possession, the
DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair
Page 6 of ATTACHMENT 6
market value of such property.
5. Acquisition Projects. The following provisions will apply if the project covered by this
AGREEMENT includes funds for the acquisition of land or facilities:
a Prior to disbursement of funds provided for in this AGREEMENT, the RECIPIENT
shall establish that the cost of land and facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title
for each parcel prior to disbursement of funds provided by this AGREEMENT. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or
claim which would impair the uses contemplated by this AGREEMENT.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property, or facility acquired or
developed pursuant to this AGREEMENT to uses other than those for which assistance was
originally approved without prior written approval of the DEPARTMENT. Such approval
may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of
the sale, lease or other conversion or encumbrance which monies granted pursuant to this
AGREEMENT bear to the total acquisition, purchase, or construction costs of such
property.
N. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this AGREEMENT will be produced on recycled paper
containing the highest level of post consumer and recycled content that is available. At a minimum,
paper with ten percent post consumer content and 50 percent recycled content will be used. Whenever
possible, all materials will be published on paper that is unbleached or has not been treated with chlorine
gas or hypochlorite.
As appropriate, all materials will all be published on both sides of the paper and will minimize the use of
glossy or colored paper and other items which reduce the recyclability of the document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain reimbursement monies paid to it is contingent upon satisfactory
performance of this AGREEMENT, including the satisfactory completion of the project described in the
Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it
by this AGREEMENT, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all loan funds disbursed to the RECIPIENT for those parts of the project
that are rendered worthless, in the opinion of the DEPARTMENT, by such failure to perform.
Interest will accrue at the rate of 12 percent per annum from the time the DEPARTMENT demands
repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient
funds, as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been
paid to the RECIPIENT prior to such termination. Any property acquired under this AGREEMENT, at
Page 7 of ATTACHMENT 6
the option of the DEPARTMENT, may become the DEPARTMENT's property and the RECIPIENT's
liability to repay monies will be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this AGREEMENT by the
RECIPIENT will be subject to the review and approval of the DEPARTMENT through the Project
Manager or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and character of the work to be done, the determination
of the Project Manager or other designated official as to the extent and character of the work to be done
will govern. The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this AGREEMENT, any dispute concerning a question of fact arising
under this AGREEMENT which is not disposed of in writing will be decided by the Project Manager or
other designated official who shall provide a written statement of decision to the RECIPIENT. The
decision of the Project Manager or other designated official will be fmal and conclusive unless, within 30
days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the
Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or
duly authorized representative for the determination of such appeals will be fmal and conclusive.
Appeals from the Director's determination will be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending fmal decision of dispute, the RECIPIENT shall proceed
diligently with the performance of this AGREEMENT and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this AGREEMENT who exercises any
function or responsibility in the review, approval, or carrying out of this AGREEMENT, shall participate
in any decision which affects his/her personal interest or the interest of any corporation, partnership or
association in which he/she is directly or indirectly interested; nor shall he/she have any personal or
pecuniary' interest, direct or indirect, in this AGREEMENT or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided
in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or
Page 8 of ATTACHMENT 6
that party's agents or employees arising out of this AGREEMENT.
T. GOVERNING LAW
This AGREEMENT will be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this AGREEMENT or any provision of any document incorporated by reference will
be held invalid, such invalidity will not affect the other provisions of this AGREEMENT which can be
given effect without the invalid provision, and to this end the provisions of this AGREEMENT are
declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this AGREEMENT, unless otherwise provided herein, the inconsistency
will be resolved by giving precedence in the following order: (a) applicable Federal and State statutes
and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) any terms incorporated herein'
by reference, including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the
General Terms and Conditions.
(Revised 02/18/09)
Page 9 of ATTACHMENT 6
ATTACHMENT 7: WATER QUALITY PROGRAM - FINANCIAL MANAGEMENT
POST PROJECT ASSESSMENT SURVEY
1. Agreement Number:
2. Recipient Name:
3. Project Name:
4. Years Since Project Completion:
1I
Three ❑ Four ❑ Five ❑ Other (please specify):
5. Contact Information:
Contact Name:
Contact Phone Number:
Contact E-mail Address:
6. Level of Involvement by Present Contact on Project:
7. Type of Project (check both if applicable): n Activity ❑ Facility
8. Financing:
Total Project Cost:
Total Eligible Project Cost:
Ecology Loan Amount:
If Applicable, Ecology Grant Amount:
9. Water Quality and/or Compliance Problem:
Page 1 of ATTACHMENT 7
10. Describe the Most Critical Specific "Project Result(s)" or "Outcome(s)" actually
achieved by the Project:
11. Provide documentation (including digital color pictures) that evidence the continued
maintenance and effectiveness of the Project at the time of this survey:
12. Check the Eventual Environmental Result(s) or Goal(s) substantively addressed or
achieved by the Project:
Designated beneficial uses restored or protected
Regulatory compliance achieved
Severe Public Health Hazard or Public Health Emergency eliminated
13. Describe the status of the Eventual Environmental Result(s) or Goal(s) at the time
of this assessment:
14. Describe subsequent work and ongoing efforts needed to achieve the Eventual
Environmental Result(s) or Goal(s) by you and others in the area:
(Revised 6/9/06)
Page 2 of ATTACHMENT 7
ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE
Page 1 of ATTACHMENT 8
Dept. of
Ecology
ESTIMATED LOAN REPAYMENT SCHEDULE
Loan Number L1000030
Recipient Name
Amortization Method
Project Completion Date
Initiation of Operations
City of Yakima
Compound -365 D/Y
10/01/2012
06/01/2011
ATTACHMENT 8
Loan Amount
Term of Loan
Annual Int. Rate
Interest Compounded
Loan Date
$1,214,000.00
39 Payments
2.900 %
Monthly
10/01/2011
Loan Number L1000030
Recipient Name City of Yakima
Department of Ecology
Date Created 01/13/2010
Payment # Due Date
1
2
SubTotal
3
4
SubTotal
5
6
06/01/2012
12/01/2012
2012
06/01/2013
12/01/2013
2013
06/01/2014
12/01/2014
Payment Amount
$41,234.58
$41,234.58
$82,469.16
$41,234.58
$41,234.58
$82,469.16
$41,234.58
$41,234.58
Interest
$23,588.31
$17,452.27
$41,040.58
$17,105.34
$16,753.34
$33,858.68
$16,396.22
$16,033.88
Principal
$17,646.27
$23,782.31
$41,428.58
$24,129.24
$24,481.24
$48,610.48
$24,838.36
$25,200.70
Balance
$1,196,353.73
$1,172,571.42
$1,148,442.18
$1,123,960.94
$1,099,122.58
$1,073,921.88
SubTotal
7
8
SubTotal
9
10
2014
06/01/2015
12/01/2015
2015
06/01/2016
12/01/2016
$82,469.16
$41,234.58
$41,234.58
$82,469.16
$41,234.58
$41,234.58
$32,430.10
$15,666.25
$15,293.26
$30,959.51
$14,914.83
$14,530.88
$50,039.06
$25,568.33
$25,941.32
$51,509.65
$26,319.75
$26,703.70
$1,048,353.55
$1,022,412.23
$996,092.48
$969,388.78
SubTotal
11
12
2016
06/01/2017
12/01/2017
$82,469.16
$41,234.58
$41,234.58
$29,445.71
$14,141.33
$13,746.10
$53,023.45
$27,093.25
$27,488.48
$942,295.53
$914,807.05
SubTotal
13
14
SubTotal
15
2017
06/01/2018
12/01/2018
2018
06/01/2019
ATTACHMENT 8
$82,469.16
$41,234.58
$41,234.58
$82,469.16
$41,234.58
$27,887.43
$13,345.10
$12,938.25
$26,283.35
$12,525.47
$54,581.73
$27,889.48
$28,296.33
$56,185.81
$28,709.11
$886,917.57
$858,621.24
$829,912.13
Page 1 of 3 Schedule Number 1497
Loan Number
Recipient Name
L1000030 Department of Ecology
City of Yakima Date Created 01/13/2010
Payment # Due Date Payment Amount Interest Principal Balance
16 12/01/2019 $41,234.58 812,106.66. $29,127.92 $800,784.21
SubTotal 2019 $82,469.16 $24,632.13 $57,837.03
17 06/01/2020 $41,234.58 $11,681.75 $29,552.83 $771,231.38
18 12/01/2020 $41,234.58 $11,250.64 $29,983.94 $741,247.44
SubTotal 2020 $82,469.16 $22,932.39 $59,536.77
19 06/01/2021 $41,234.58 $10,813.23 $30,421.35 $710,826.09
20 12/01/2021 $41,234.58 $10,369.45 $30,865.13 $679,960.96
SubTotal 2021 $82,469.16 $21,182.68 $61,286.48
21 06/01/2022 $41,234.58 $9,919.19 $31,315.39 $648,645.57
22 12/01/2022 $41,234.58 $9,462.37 $31,772.21 $616,873.36
SubTotal 2022 $82,469.16 $19,381.56 $63,087.60
23 06/01/2023 $41,234.58 $8,998.88 $32,235.70 $584,637.66
24 12/01/2023 $41,234.58 $8,528.63 $32,705.95 $551,931.71
SubTotal 2023 $82,469.16 $17,527.51 $64,941.65
25 06/01/2024 $41,234.58 $8,051.52 $33,183.06 $518,748.65
26 12/01/2024 $41,234.58 $7,567.45 $33,667.13 $485,081.52
SubTotal 2024 $82,469.16 $15,618.97 $66,850.19
27 06/01/2025 $41,234.58 $7,076.31 $34,158.27 $450,923.25
28 12/01/2025 $41,234.58 $6,578.02 $34,656.56 $416,266.69
SubTotal 2025 $82,469.16 $13,654.33 $68,814.83
29 06/01/2026 $41,234.58 $6,072.45 $35,162.13 $381,104.56
30 12/01/2026 $41,234.58 $5,559.51 $35,675.07 $345,429.49
SubTotal 2026 $82,469.16 $11,631.96 $70,837.20
31 06/01/2027 $41,234.58 $5,039.09 $36,195.49 $309,234.00
32 12/01/2027 $41,234.58 $4,511.07 $36,723.51 $272,510.49
SubTotal 2027 $82,469.16 $9,550.16 $72,919.00
33 06/01/2028 $41,234.58 $3,975.35 $37,259.23 $235,251.26
34 12/01/2028 $41,234.58 $3,431.82 $37,802.76 $197,448.50
SubTotal 2028 $82,469.16 $7,407.17 $75,061.99
35 06/01/2029 $41,234.58 $2,880.36 $38,354.22 $159,094.28
ATTACHMENT 8
Page 2 of 3 Schedule Number 1497
Loan Number L1000030 Department of Ecology
Recipient Name
City of Yakima Date Created 01/13/2010
Payment # Due Date Payment Amount Interest Principal Balance
36 12/01/2029 $41,234.58 $2,320.85 $38,91333 $120,180.55
SubTotal 2029 $82,469.16 $5,201.21 $77,267.95
37 06/01/2030 $41,234.58 $1,753.18 $39,481.40 $80,699.15
38 12/01/2030 $41,234.58 $1,177.23 $40,057.35 $40,641.80
SubTotal 2030 $82,469.16 $2,930.41 $79,538.75
39 06/01/2031 $41,234.68 $592.88 $40,641.80 $0.00
SubTotal 2031 $41,234.68 $592.88 $40,641.80
Grand Total $1,608,148.72 $394,148.72 $1,214,000.00
ATTACHMENT 8
Pate 3 of 3 Schedule Number 1497
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 10
For Meeting of: February 16, 2010
ITEM TITLE: Consideration of a Resolution authorizing execution of a revolving fund loan
agreement with the Washington State DOE for construction of the Yakima
Railroad Grade Separations Phase 2 — Lincoln Avenue stormwater treatment
requirements system and authorizing the City Manager to sign other documents
pertaining to the Ecology loan process.
SUBMITTED BY: Doug Mayo and Randy Meloy
CONTACT PERSONITELEPHONE: Randy Meloy, P.E., Surface Water Engineer 576-6606
SUMMARY EXPLANATION:
In March 2009, the Stormwater Utility applied for a grant from the Department of Ecology's
FY2010 Supplemental Water Quality Financial Assistance program in the amount of $1,214,000
that would cover right-of-way purchase for and construction of the Yakima Railroad Grade
Separations Phase 2 — Lincoln Avenue stormwater treatment system.
Ecology informed the City that while no grant funds were available, they would make available
to the City the full amount as a loan under the Revolving Fund program. Negotiations are
currently underway between Ecology and the Stormwater Utility on the final Loan Agreement
document. Ecology requires that the recipient pass a resolution authorizing the loan and that
this resolution be a part of the final loan agreement document.
This loan is at 2.9% interest and will be paid back over a twenty-year term. Annual payments
will be approximately $81,000. The first payment is due one year after the stormwater treatment
system is completed in 2011 Debt service will be repaid by capital funds that contribute to the
cost of stormwater infrastructure for public projects, including the Wasterwater Capital Fund that
has paid stormwater costs on River Road, the Downtown Futures Initiative and Washington
Avenue. This is part of the local match partnership for the underpass projects that was outlined
for the City Council on the project bid award and funding status in the January 14, 2010
management memo to the Council.
Resolution X Ordinances Other (Specify) Loan Document
Contract X Mail to (name and address) Department of Ecology
Funding Source: TO BE DE RMINED
Phone:
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION:
0 COUNCIL ACTION:
AGENCY NAME
1. Pro.). Off.
Sanjay Barik Program: SRF
Washington State Department of Ecology
P 0 Box 47600, Olympia, WA 98504-7600
2. Grant/Loan/ Recipient (Warrant is to be payable to )
City of Yakima Engineering Division
129 N 2nd Street
Yakima, WA 98901
Federal ID No:
Form A
AGENCY USE ONLY
AGENCY NO LOCATION CODE P.R. OR AUTH NO
3 Payment Request No
1
4. Agreement No. L1000030
Vendor's Certificate. I hereby certify 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 without discrimination because of age, sex, marital
status, race, creed, color, national origin, handicap, religion, or Vietnam era or
disabled veterans status.
City Manager
(sign in blue ink)
12 -Apr -10
Title Date
6. Randy Meloy
509-576-6606
Tel. No.
Received by
Date Received
7
Effect..Date . 7/1/2009`• Expir Date 10/1/2012
Billing Period,from , 7/i/2009 • to 3/31/2010
Project Officer Approval for Payment/Performance Certification
Date.
9
Fund Source Name „
SRF
1b
Amotintof Grant/Loan.from Fund "
$ 1,214,000.00
11,
Cumulative Amount Requested
$ 159,500 00
12
Previous,Cumulative Amount Requested:,
13
Current Request/Payment Due
$ 159,500.00
14
Grant/Loan•Remaining in the fund
$ 1,054,500.00
All payments are made subject to federal and/or state audit.
:1,:,,
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(Rev. 10/00)
ECY 060-02
State of Washington
INVOICE VOUCHER
AGENCY NAME
1. Proj. Off. Sanjay Barik
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
Program: SRF
2. Grant/LOan/ Recipient (Warrant is to be payable to:)
City of Yakima Engineering Division
129 N. 2nd Street
Yakima, WA 98901
Federal ID No:
Form A
AGENCY USE ONLY
AGENCY NO. LOCATION CODE P.R. OR AUTH NO
3. Payment Request No
2
4 Agreement No. L1000030
Vendor's Certificate. I hereby certify 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 without discrimination because of age, sex, marital status, race, creed,
color, national origin, handicap, religion, or Vietnam era or disabled veterans status.
5. By-
J (sign in blue ink)
City Manager 13 -Oct -10
Title Date
6. Randy Meloy
509-576-6606
Tel. No
Received by
Date Received
Effect. Dale
Expir..Date'
10%1 %2012
BillingPeriod..from . `.,7/1/2010=
9%30/2010
Project Officer Approval for Payment/Performance Certification
Date:
9.,
Fund Soutce;Name.
SRF
10
Amount -of. Grant/Loan. from'Fun
$ 1,214,000 00
12.
Cumulative Amount. Requested'.
$ 177,731 39
PreviousCumulative Amount Requested::..
$ 159, 500.00
1:4.
Current ;Request/Payfrient'Due .:::
Grant/LoanRemaining'in the fund
$ 18,231 39
$ 1,036,268 61
All payments are made subject to federal and/or state audit.
DOC DATE
IT DEE DATE
REF DOC NO.
VENDOR NO.
VENDOR NI ESS `."E
USE T,
UGI NO
ai^au: r.
Eco(og — is ctn Eytrai Opporturuh- (Inc! Affirmative Action L mplot er
AGENCY NAME
1. Proj. Off. Sanjay Bank Program: SRF
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
2. Grant/Loan/ Recipient (Warrant is to be payable to)
City of Yakima Engineering Division
129 N. 2nd Street
Yakima, WA 98901
Federal ID No:
Form A
AGENCY USE ONLY
AGENCY NO. LOCATION CODE P.R. OR AUTH NO
3. Payment Request No.
3
4. Agreement No. L1000030
Vendor's Certificate. I hereby certify under penalty of perjury that the items and
totals listed herein are proper charges for matenals, merchandise or services furnished
to the State of Washington, and that all goods furnished and/or services rendered have
been provided without discrimination because of age, sex, marital status, race, creed,
color, national origin, handicap, religion, or Vietnam era or disabled veterans status.
5. By:
(sign in blue ink)
City Manager 12 -Jan -11
Title
Date
6. Randy Meloy
509-576-6606
Tel. No.
Received by
Date Received
7
8
Effect. Date,.. 7/1/2009 Expir.,Date 10/1/2012
Billing Period4rom 10/1/2010
1'2/31'/2010"
Project Officer Approval for Payment/Performance Certification
Date:
9.,
Fund:Source.Nance'
SRF
10,
Amount.of;Grant/Loan:from;Fund,
$ 1,214,000 00
Cumulative. Amount. Requested..
$ 219,678.98
12
Previotie,Cumulative°Amount Requested; .
$ 177,731.39
13'
Current Request/Pa'ymentDue..
$ 41,947 59
.14
Grant/Loan Remaining in the:fund
$ 994,321 02
All payments are made subject to federal and/or state audit.
D(X' DATE
PMT DUE DATE
CURRENT DOC NO.
1
REF D(X' NO.
VENDOR NO.
VENDOR MESSAGE
USE TAX
UDI NO.
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I+.ATI'
R'VRRAMI'TOTAL
%V ViatANT
M. MNI:R
Ecology Lv an Equal Opportunity and Affirmative Action Employer.
AGENCY NAME
1 Proj. Off. Sanjay Barik Program. SRF
Central Regional Office
Washington State Department of Ecology,
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
2. Grant/Loan/ Recipient (Warrant is to be payable to:)
City of Yakima Engineering Division
129 N. 2nd Street
Yakima, WA 98901
Federal ID No
Form A
AGENCY USE ONLY
AGENCY NO. LOCATION CODE P.R. OR AUTH NO.
3. Payment Request No
4
4. Agreement No. L1000030
Vendor's Certificate. I hereby certify 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 without discrimination because of age, sex, marital status, race, creed, color,
national origin, handicap, religion, or Vietnam era or disabled veterans status.
5 By\
cc
City Manager
Title
(sign in blue ink)
12 -Apr -11
Date
6 Randy Meloy
509-576-6606
Tel. No.
Received by
Date Received
Effect, Date: -y:-:'''::
Billing`. Period; from °`
Fund'
ource,
Project Officer Approval for Payment/Performance Certification
Date:
SRF
ountor
rant/ cafl:from,'
$ 1,214,000.00
CumulativeAmoun
equeste
$ 234,655.54
PeviousuGumul
mount•:Requesi
$ 219,678.98
=1;
Current!Reguesf/Payrnent Du
$ 14,976 56
G'rant%L;oan,Remalrnngin;:tl efun
$ 979,344 46
All payments are made subject to federal and/or state audit.
13X: DATE
lPMT DI IE DATE
CSJRRENT DDC Nh-
REF DOC. N(1
VENDOR N!'
VENDOR M E,SACiE
E ISP TAX
1151 NO.
Mos
• rcnl \l [N6 1V AI P05
WAR 1,11
tiln:[n:R
Ecology is an Equal Opportunity m d Affirmative ,fiction Employer.
AGENCY NAME
1 Proj. Off. Sanjay Barik Program: SRF
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
2. Grant/Loan/ Recipient (warrant is to be payable to:)
City of Yakima Engineering Division
129 N. 2nd Street
Yakima, WA 98901
Federal ID No.
Form A
AGENCY USE ONLY
AGENCY NO. LOCATION CODE P.R. OR AUTH NO.
3 Payment Request No.
5
4 Agreement No. L1000030
Vendor's Certificate. I hereby certify 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 without discrimination because of age, sex, marital status, race, creed, color,
national origin, handicap, religion, or Vietnam era or disabled veterans status.
5 BY )��//�.e=id
City Manager
(sign in blue ink)
11 -Jul -11
Title Date
6 Randy Meloy
509-576-6606
Tel. No
Received by
Date Received
7
8
Eftect.Date` 7/112009 . Expir. Date: ; , 10/1/"1012
Billing Period: rorim .. ...4/,1 /204,1
to 6!30/201.1
Project Officer Approval for Payment/Performance Certification
Date:
9'
Fund`Source,Name
SRF
10
Amountnof<Grant/Loan from Fund`'-, . .
$ 1,214,000.00
11
Cumulative.Arrtount,Reiauested'
$ 280,097.83
12
Previous;Curri`ulative Amount Requested:
$ 234,655.54
13
CurrentRequest/Rayment Due:.
$ 45,442.29
14
Grant/LoaniRemaining iri-the fund,
$ 933,902.17
All payments are made subject to federal and/or state audit.
EX DATE
I`E UATF.
::::''
CI1RRf:N"1 IX K!1-
RftF ix H' K!),
t'[.P:l'JC lit No.
1'F.NFH 1k Ai F_1tiA<: F.
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.lI"1'fY1-N
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WA,
FOR PA VM,:Nr1
n.t'11= WNle.,I,I TI it Al
WARRAN r
1:1,011:11
l
coogv is an Equal Opporrunity ar d ,4fjirnrative Action Ismplover.
AGENCY NAME
1. Proj. Off. Sanjay Bark Program: SRF
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima. WA 98902-3452
2. Grant/Loan/ Recipient (Warrant is to be payable to:)
City of Yakima Engineering Division
129 N. 2nd Street
Yakima, WA 98901
Federal ID No.
Form A
AGENCY USE ONLY
AGENCY NO. LOCATION CODE P.R. OR AUTH NO.
3 Payment Request No.
6
-i Agreement No. L1000030
Vendor's Certificate. I hereby certify 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 without discrimination because of age, sex, marital status, race, creed, color,
national origin, handicap, religion, or Vietnam era or disabled veterans status.
5. B
City Manager
sign in bT a ink)
4 -Oct -11
Title Date
6 Randy Meloy
509-576-6606
Tel. No.
Received by
Date Received
Effect:;Date air.
'•%1 /2009 E pit Dta e 1;0iii dil
Billing,Period fron9
Vrdeir
9/30/20;11
Project Officer Approval for Payment/Performance Certification
Date:
_- 1.� • �'� r,�.:#z y �- _ �•w.rzE.°. fir.,
ndESource::Name
SRF
>1;
AmontitOroranf%Loan;fr n ili d
$ 1,214,000.00
u11'
iGuifulativeArriount''Requ steel'
$ 532,593.94
P[evious.GUmula
+- s,Y�..,d� �•<;�":�n. %x�,.sr:€:; �4.k';i'�"dp,°4Q9iw'A�9"
ive3Amount, Regquested
$ 280,097.83
CurrentRequestJPayment,Due .
$ 252,496.11
4:
GranULoant.R, emaming`m�the:fund����.�:
$ 681,406.06
All payments are made subject to federal and/or state audit.
DOC I)AI'Ei J I'Mi UUP_ DATE
CURRENT DOC NO.
Ii 1:1' 1xY NO
VENDOR ND
VENDOR .1ESSM31:
USE FAX
I I JRI Nfr
a.n
w,.E
r.. I IY�Se .
rt
VI i
A'low,
EUC, Al...I
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N 0 I'AYME.N
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1 W.OHW\N1
ecology Ls as Equal Opportnniti at d 4tfirntcaire ,Action Employer
Fotm
A -19-1A
(Rev 10/00)
ECY 060-02
State of Washington
INVOICE VOUCH ER
AGENCY NAME
1 Proj. Off. Sanjay Barik Program: SRF
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
2. Grant/Loan/ Recipient (Warrant is to be payable to:)
City of Yakima Engineering Division
129 N 2nd Street
Yakima, WA 98901
Federal ID No:
Form A
AGENCY USE ONLY
AGENCY NO LOCATION CODE P.R. OR AUTH NO.
3 Payment Request No.
7
4 Agreement No. L1000030
Vendor's Certificate 1 hereby certify 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 without discrimination because of age, sex, marital status, race, creed, color,
national origin, handicap, religion, or Vietnam era or disabled veterans status.
5. By:
City Manager
(sign in blue ink)
9 -Jan -12
Title Date
6 Randy Meloy
509-576-6606
Tel No.
Received by
Date Received
Effect4D.ate, -.
tidobV
11 /2012
& Bill nglP,e'riod from
41201 D
2%3.1+/20i1;`
Project Officer Approval for Payment/Performance Certification
Date:
o:(11:C101.
laiirn
tFsst
SRF
'Amqunti
rar ULryoanf o m FEinfd
$ 1,214,000 00
1
utnulative<AmountRequested t*'¢'±
!revious Curi ulatiyerAmount,Requ_este%
;3',Current Request/paymentll)ue�,
1;4?'Grant/LoanReii eii;4 'in1tFie:fun
$ 730,540 14
$ 532,593.94
$ 197,946.20
$ 483,459.86
All payments are made subject to federal andlor state audit.
DOC HATE
PMT DUE DATE
Cl'RRENT D()(' NO.
REr DOC NO.
VENDOR NO.
\ ENDOR MESSAGE
tiSE TAX
U131 NO.
n..ir
Wk,, t.,+a
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1,A11 WARRANT ilIlAI
W.1RItAN1
NIIMnr"It
Ecology is an Equal Opportunity and Affirmative Action Employer
AGENCY NAME
1 Proj. Off. Chris Coffin Program: SRF
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
2. Grant/Loan/ Recipient (Warrant is to be payable to:)
City of Yakima Engineering Division
129 N. 2nd Street
Yakima, WA 98901
Federal ID No
Form A
AGENCY USE ONLY
AGENCY NO. LOCATION CODE P.R. OR AUTH NO.
3 Payment Request No.
8
4 Agreement No
L1000030
Vendor's Certificate. I hereby certify 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 without discrimination because of age, sex, marital status, race, creed, color,
national origin, handicap, religion, or Vietnam era or disabled veterans status.
5 By
//-7e
City Manager
Title
(sign in blue ink)
11 -Apr -12
Date
6. Randy Meloy
509-576-6606
Tel. No
Received by
Date Received
7
8
Effect Date 7/1'/2009 Expir.. Date
10/1120.12
Billing,Period from 1/1/2012_ to .3/1 /2012 ..-
Project Officer Approval for Payment/Performance Certification
Date:
9
Fund Source Name
SRF
10
Amount of-Grant/Loan.from Fund
$ 1,214,000.00
11
Cumulative Amount Requested
$ 911,130.53
12
Previous Cumulative Amount Requested -
$ 730,540.14
13
Current Request/Payment Due
$ 180,590.39
14'
Grant/Loan,.Remaining in the'fund
$ 302,869 47
All payments are made subject to federal and/or state audit.
..
P' -t' ,r "1'
r :,r -vi- r,
, .0
pry ,
,- ,, ;.‘f.
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,I:'I'.N
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/ckcenenzr i. an Lyn d O,nrraramiry and •I/Jir,nal irt' -I eIirrn Lmplaver•
AGENCY NAME
1 Proj. Off. Chris Coffin
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
Program SRF
2. Grant/Loan/ Recipient (Warrant is to be payable to:
City of Yakima Engineering Division
129 N. 2nd Street
Yakima, WA 98901
Federal ID No
Form A
AGENCY USE ONLY
AGENCY NO. LOCATION CODE P.R. OR AUTH NO.
3 Payment Request No.
9
4 Agreement No.
L1000030
Vendor's Certificate. I hereby certify 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 without discrimination beca of age, sex s : race, creed, color,
national origin, handicap, religion, or ietnam era • disa ,,1 ans status.
(sign in blue ink)
11 -Jul -12
Date
6 Randy Meloy
509-576-6606
Tel. No
Received by
Date Received
Effect. Date 7/1'/20Q9
it Date`.'
0/1/20.12-
Billing.Period
:.6/30/2 012': • ;'
Project Officer Approval for Payment/Performance Certification
Date:
9°
Fund.Souroe Narre':
SRF
Amount of Grant/Loen'from Fund.
$ 1,214,000.00
11'
Cumillative An ou it.Requested'
$ 982,695.72
2
Previous CumuIative;Aniount;Regiiested:.
$ 911,130.53
13
Current Request/Payment: Due
$ 71,565.19
Gran Loan'RZemaining`in;•the,fun
$ 231,304.28
All payments are made subject to federal and/or state audit.
''q,,.• 1>.\:ri: j1',.0t)rr
.,tIFSS.l;:
I
Etvrlr'itr r.c uu Eyrrrr1 C)pprrrtunin• nt J df/irtuutiv ,dc•trnn L•tuplurc•r
AGENCY NAME
1 Proj. Off. Chris Coffin
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
Program: SRF
2. Grant/Loan/ Recipient (warrant is to be payable to:j
City of Yakima Engineering Division
129 N. 2nd Street
Yakima, WA 98901
Federal ID No'
Form A
AGENCY USE ONLY
AGENCY NO. LOCATION CODE P.R. OR AUIII NO.
3 Payment Request No.
10
4 Agreement No. L1000030
Vendor's Certificate. I hereby certify under penalty of perjury that the items and totals
listed herein am 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 discrimination because of age, sex, marital status, race, creed, color,
national origin, handicap, religion, or Vietnam era or disabled veterans status.
5. By. (7 LLG
City Manager
Title
gn in blue ink)
3 -Oct -12
Date
6. Randy Meloy
509-576-6606
Tel. No
Received by
Date Received
Effect: Date 7/1/2009... Expir: Date 6/1/2014..'
Billing Period from' 7/172012'
9130/2012...
9
Fund,S'ource_ Nanie
Project Officer Approval for Payment/Performance Certification
1A1.40-= rig. °� e -i Date:
SRF ! J
-10
Antiunt of:Grant/Loan from'Fund .,
$ 1,214,000.00
11
Cumulative Amount Requested:
$-9e974e9.68--
Cj 2. 6,/Js7L
.12
3
14
Previous Guntulative AmounfRetauested'
Current Request/Payment Due:
Grant/Loan Remaining in the fund ; ,
All payments are made subject to federal and/or state audit.
$ 982,695.72
$ -6744,2751-
2.)
6779'2'31"
$ .224504,8
DOE 1 .\IL
I I•\Il 01 F DATE
CIIIII(I:NI 1)1/1 N.
REF INH NII
t'ENCXSit No.
l'FN111.1i1 NI EN_ AGC
ilNt; TAN j DM N.
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V.11t8.W1 DILL.
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Lec lugp is an Equal Opprn•nmin m rI A//irntlive .4c tin , Amp/,o'er,
DEPARTMENT OF ECOLOGY
OCT 082012
WATER QUALITY PROGRAM
AGENCY NAME
1 Proj Off. Chris Coffin Program: SRF
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave , Suite 200
Yakima, WA 98902-3452
2. Grant/Loan/ Recipient (Warrant is to be payable to:)
City of Yakima Engineering Division
129 N 2nd Street
Yakima, WA 98901
Federal ID No
Form A
AGENCY USE ONLY
AGENCY NO LOCATION CODE P.R. OR AUTH NO
3 Payment Request No
11
4 Agreement No L1000030
Vendor's Certificate. I hereby certify 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 without discrimination becau ( age, sex, taLst. • s, race, creed, color,
national origin, handicap, religion, or ietnam r di : (led ve "rans status.
5
City Manage
Title
(sign in blue ink)
8 -Jan -13
Date
6 Randy Meloy
509-576-6606
Tel No.
Received by
Date Received
7 _ Etfect.Oate
7/11200:: : iiP::I i > .........:6/412014:
Q: Stns fetioii:from ::: ;1011/2012., ...
9 Fund Source Name .. .
12/31/2012:..:
Project Officer Approval for Payment/Performance Certification
Date
SRF
Amviatit o!Orarit/l.tiari;fr'Qrn. F. nd.
$ 1,214,000 00
Gurnulatjve:Mibunt;Regleste i
$ 989,408.03
12' P:revtous:CurrrulatiueArnoutitR nested:
3 Gurrer t:R guest/payment boo,.
$ 989,408.03
t4' Grant/l,aa#l:Remeining:in the`fund
$ 224,591.97
All payments are made subject to federal and/or state audit.
:X)(: (:.\1Y• V3,1'
1
\1
"(AX
1 \:
Lec,logv u,t figcrul O/.p<,rnerti>1- fir -t,/,lirtrrc,/il•e 4 riuu li s5f)kover.
AGENCY NAME
1 Proj. Off. Janel Bistrika Program: SRF
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
2. Grant/Loan/ Recipient (Warrant is to be payable to)
City of Yakima Engineering Division
129 N 2nd Street
Yakima, WA 98901
Federal ID No
Form A
AGENCY USE ONLY
AGENCY NO LOCATION CODE P.R. OR AUTH NO
3 Payment Request No.
12
4 Agreement No. L1000030
Vendor's Certificate. 1 hereby certify under penalty of perjury that the items and totals listed
herein are proper charges for materials, merchandise or services furnished to the State of
ered have been provided
reed, color, national origin,
Washington, and that all goods fumish
without discrimination because of ag
handicap, religion, Vietnam era or
5
d/or services i
sex, marital status
sabled veterans
Title
City Manager
(sign in blue ink)
13 -Jan -14
Date
6 Randy Meloy
509-576-6606
Tel. No
Received by
Date Received
Effect.Date.`,,,
;172009
Expir;l)a
71/20;14
BillingPenod:from,.
und;$ourcE,,Name.„,:`;.
s
";�12i31J,2,01,`
10: Amount o rant/Loan frpm;,Fun
Project Officer Approval for Payment/Performance Certification
Date
SRF
11 'Gumula`tive,Amo`unt=Requestedt
1,214,000 00
1,036,101 47
1;2
Previous Cumyilative,:Amount°Requested:
current;Reque012,aymeot,Due
Grant%Loan;Rerri'amingsl,n the funs
All payments are made subject to federal and/or; state audit.
$ 982,695.72
$ 53,405 75
$ 177,898.53
IX /4 u:cii,
I ra11 ut.els,\rr_
f'4,RREN ix>c� N4 ./
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vaNiw:MESS .\e:¢
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Ecology is cin Ec/ucrt Opportuniti at d ,4ffirnurtire Action Employer
AGENCY NAME
1. Proj. Off. Janel Bistrika Program. SRF
Central Regional Office
Washington State Department of Ecology
15 West Yakima Ave., Suite 200
Yakima, WA 98902-3452
2. Grant/Loan/ Recipient (Warrant is to be payable to:)
City of Yakima Engineering Division
129 N 2nd Street
Yakima, WA 98901
Federal ID No'
Form A
AGENCY USE ONLY
AGENCY NO LOCATION CODE P.R. OR AUTH NO
3. Payment Request No.
13
4 Agreement No. L1000030
Vendor's Certificate. I hereby certify 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
without discrimination because of age, sex, marital status, race, creed, color, national origin,
handicap, religion, or Vietnam era or disabled veterans status.
5 By'
City Manager
(sign in blue ink)
17 -Apr -14
Title Date
6. Randy Meloy
509-576-6606
Tel No.
Received by
Date Received
Bllhng_Penod from
I;1 /20sia4
3/31=120.,4 .
Amount of�Grant/Loaiom Fund
11 CumulatMarnount Rpqupste
y12a Previous Cumulativ motrOe_ nested
q'.
X13 Gurrent,Reque's_tlP,aymentoue
4 tGrar t7Loan. Remainira intthe ffund
9
Project Officer Approval for Payment/Performance Certification
Date.
SRF
$ 1,214,000.00
$ 1,149,840.87
$ 1,036,101 47
$ 113,739 40
64,159 13
All payments are made subject to federal and/or state audit.
DDC DATE J PMT DUE DATE
C URRENF OO(: NO.
REF IXC NO.
VENIX)R NO.
VENDOR MESSA(iE
USE TAX
URI NO.
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I.,R PAYSIENr
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V.'ANRANT i.,TAI
UMR.\T
NIR.fN1,R
Ecology is an Equal Opportunity and Affirmative Action Employer
DEPARTMENT OF
ECOLOGY
State of Washington
AMENDMENT NO. 5 (FINAL)
TO LOAN AGREEMENT NO. L1000030
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND •
CITY OF YAKIMA
PURPOSE: To amend the above -referenced loan (LOAN) agreement between the state of
Washington Department of Ecology (DEPARTMENT) and the City of Yakima (RECIPIENT)
for the Lincoln Avenue Grade Separation Stormwater Drainage Project (PROJECT). This
amendment is needed ,to officially close out this PROJECT and establish a final LOAN
repayment schedule.
IT IS MUTUALLY AGREED that the LOAN agreement is amended as follows:
• The original LOAN amount of $1,214,000 is reduced by $64,159.13 to $1,149,840.87.
• In addition, $79,454.36 of interest has accrued from previous disbursements and is included
in the final Total LOAN amount.
• The final Total LOAN amount is $1,229,295.23 (principal plus interest)
eligible costs for the project.
• The PROJECT Initiation of Operation Date is June 1, 2014, and based
repayment will begin on June 1, 2015.
• The attached FINAL LOAN REPAYMENT SCHEDULE Number 2024,
ESTIMATED LOAN REPAYMENT SCHEDULE(s).
based upon the final
on this date, LOAN
replaces all previous
• In accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, an administration
charge was established for the State Revolving Fund, effective December 21, 2013. The
interest rate for your loan, also known as the effective interest rate, of 2.9 percent consists of
1.9 percent interest and 1 percent administration charge. Interest received will go to the State
Revolving Fund account. Administration charges received will go to the Administration
Charge account to pay for DEPARTMENT's cost to administer the State Revolving Fund
program.
FURTHER, this amendment is effective upon the date of signature by the Water Quality
Program Manager of the DEPARTMENT.
Except as expressly provided by this amendment, all other terms and conditions of the original
LOAN agreement and any amendments remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this amendment.
STATE OF WASHINGTON CITY OF YAKI
DEPARTMENT OF ECOLOGY
76 HEATHER R. BARTLE
WATER QUALITY PR
7// A0/147
DATE
RAM MANAGER
APPROVED AS TO FORM ONLY:
ASSISTANT ATTORNEY GENERAL
(Revised 05/05/09)
[July 2, 2012]
TONY O' ' RKE
CITY MA ER
CITY CONTRACT N
RESOLUTION N0:
DATE
GR'
Dept. of
Ecology
Loan Number
Recipient Name
Amortization Method
Project Completion Date
Initiation of Operations
FINAL LOAN REPAYMENT SCHEDULE
L1000030
(REVISED) ATTACHMENT 8
Loan Amount
City of Yakima
Compound -365 D/Y
06/30/2014
06/01/2014
Term of Loan
Annual Int. Rate
Interest Compounded
Loan Date
$1,229,295.23
39 Payments
2.900 %
Monthly
05/13/2014
Loan Number
Recipient Name
L1000030
City of Yakima
Department of Ecology
Date Created 05/16/2014
Payment #
'1
2
SubTotal
3
4
SubTotal
5
6
SubTotal
7
8
SubTotal
9
10
Due Date
06/01/2015
12/01/2015
2015
06/01/2016
12/01/2016
2016
06/01/2017
12/01/2017
2017
06/01/2018
12/01/2018
2018
06/01/2019
12/01/2019
Payment Amount
$42,223.92
$42,223.92
$84,447.84
$42,223.92
$42,223.92
$84,447.84
$42,223.92
$42,223.92
$84,447.84
$42,223.92
$42,223.92
$84,447.84
$42,223.92
$42,223.92
Interest
$37,986.36
$17,871.00
$55,857.36
$17,515.75
$17,155.31
$34,671.06
$16,789.61
$16,418.57
$33,208.18
$16,042.13
$15,660.19
$31,702.32
$15,272.68
$14,879.52
Principal Balance
$4,237.56 $1,225,057.67
$24,352.92 $1,200,704.75
$28,590.48
$24,708.17 $1,175,996.58
$25,068.61 $1,150,927.97
$49,776.78
$25,434.31 $1,125,493.66
$25,805.35 $1,099,688.31
$51,239.66
$26,181.79 $1,073,506.52
$26,563.73 $1,046,942.79
$52,745.52
$26,951.24 $1,019,991.55
$27,344.40 $992,647.15
SubTotal
11
12
SubTotal
13
14
SubTotal
15
2019
06/01/2020
12/01/2020
2020
06/01/2021
12/01/2021
2021
06/01/2022
$84,447.84
$42,223.92
$42,223.92
$84,447.84
$42,223.92
$42,223.92
$84,447.84
$42,223.92
$30,152.20
$14,480.62
$14,075.91
$28,556.53
$13,665.29
$13,248.68
$26,913.97
$12,825.99
$54,295.64
$27,743.30
$28,148.01
$55,891.31
$28,558.63
$28,975.24
$57,533.87
$29,397.93
$964,903.85
$936,755.84
$908,197.21
$879,221.97
$849,824.04
(REVISED) ATTACHMENT 8 Page 1 of 3 Schedule Number 2024
Loan Number L1000030 Department of Ecology
Recipient Name City of Yakima Date Created 05/16/2014
Payment # Due Date Payment Amount Interest Principal Balance
16 12/01/2022 $42,223.92 $12,397.14 $29,826.78 $819,997.26
SubTotal 2022 $84,447.84 $25,223.13 $59,224.71
17 06/01/2023 $42,223.92 $11,962.03 $30,261.89 $789,735.37
18 12/01/2023 $42,223.92 $11,520.57 $30,703.35 $759,032.02
SubTotal 2023 $84,447.84 $23,482.60 $60,965.24
19 06/01/2024 $42,223.92 $11,072.67 $31,151.25 $727,880.77
20 12/01/2024 $42,223.92 $10,618.24 $31,605.68 $696,275.09
SubTotal 2024 $84,447.84 $21,690.91 $62,756.93
21 06/01/2025 $42,223.92 $10,157.18 $32,066.74 $664,208.35
22 12/01/2025 $42,223.92 $9,689.40 $32,534.52 $631,673.83
SubTotal 2025 $84,447.84 $19,846.58 $64,601.26
23 06/01/2026 $42,223.92 $9,214.79 $33,009.13 $598,664.70
24 12/01/2026 $42,223.92 $8,733.25 $33,490.67 $565,174.03
SubTotal 2026 $84,447.84 $17,948.04 $66,499.80
25 06/01/2027 $42,223.92 $8,244.69 $33,979.23 $531,194.80
26 12/01/2027 $42,223.92 $7,749.01 $34,474.91 $496,719.89
SubTotal 2027 $84,447.84 $15,993.70 $68,454.14
27 06/01/2028 $42,223.92 $7,246.09 $34,977.83 $461,742.06
28 12/01/2028 $42,223.92 $6,735.84 $35,488.08 $426,253.98
SubTotal 2028 $84,447.84 $13,981.93 $70,465.91
29 06/01/2029 $42,223.92 $6,218.14 $36,005.78 $390,248.20
30 12/01/2029 $42,223.92 $5,692.90 $36,531.02 $353,717.18
SubTotal 2029 $84,447.84 $11,911.04 $72,536.80
31 06/01/2030 $42,223.92 $5,159.99 $37,063.93 $316,653.25
32 12/01/2030 $42,223.92 $4,619.30 $37,604.62 $279,048.63
SubTotal 2030 $84,447.84 $9,779.29 $74,668.55
33 06/01/2031 $42,223.92 $4,070.73 $38,153.19 $240,895.44
34 12/01/2031 $42,223.92 $3,514.16 $38,709.76 $202,185.68
SubTotal 2031 $84,447.84 $7,584.89 $76,862.95
35 06/01/2032 $42,223.92 $2,949.46 $39,274.46 $162,911.22
(REVISED) ATTACHMENT 8
Page 2 of 3 Schedule Number 2024
.+
rr
Loan Number
Recipient Name
L1000030
City of Yakima
Department of Ecology
Date Created 05/16/2014
Payment #
36
Due Date
12/01/2032
Payment Amount
$42,223.92
Interest
$2,376.53
Principal Balance
$39,847.39 $123,063.83
SubTotal
37
38
2032
06/01/2033
12/01/2033
$84,447.84
$42,223.92
$42,223.92
$5,325.99
$1,795.24
$1,205.47
$79,121.85
$40,428.68 $82,635.15
$41,018.45 $41,616.70
SubTotal 2033
39 06/01/2034
$84,447.84
$42,223.80
$3,000.71
$607.10
$81,447.13
$41,61.6.70
$0.00
SubTotal 2034
$42,223.80
$607.10
$41,616.70
Grand Total
(REVISED) ATTACHMENT,8
$1,646,732.76
$417,437.53
$1,229,295.23
Page 3 of 3 Schedule Number 2024