HomeMy WebLinkAboutR-1992-D6134 Sewer system replacement1) 6134
RESOLUTION NO.
A RESOLUTION authorizing the City Manager to sign all applications, loan
agreements and amendments, and other documents
relating to Public Works Trust Fund wastewater treatment
facility planning, design, and construction loan financing.
WHEREAS, the City of Yakima has developed a plan for wastewater
collection, treatment, disposal for the Yakima Regional Urban Area; such
plan being necessary to determine the needs of the area for health, safety and
well being of the people; and
WHEREAS, the plan is developed in accordance with the requirements
of Public law 92-500 and 95-217, and has set forth facilities and systems
required to be constructed, improved and rehabilitated to serve the needs of
the area; and
WHEREAS, the financing element of capital improvements requires
early attention to capture a funding base necessary for additional planning
securing the most cost effective designs and to update existing planning
documents as required for other State wastewater financing prograrns; and
WHEREAS, the cost of planning, design, and construction of the
wastewater treatment facilities are eligible for Public Works Trust Fund loan
financing; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is duly authorized to sign applications, loan
agreements and amendments, and other documents relating to wastewater
facility systems planning, design, and construction for the 1993 round Public
Works Trust Fund loan program.
ADOPTED THIS IVIA day of.ei 1992.
ATTEST:
PWTF Resolution
6/12/92
CW
CITY CLERK
PUBLIC WORKS TRUST FUND
CONSTRUCTION
LOAN AGREEMENT
NUMBER PW -5-93-280-054
City of Yakima
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the
DEPARTMENT and the LOCAL GOVERNMENT. This contract consists of nine pages and two
attachments. An attachment to this agreement, ATTACHMENT 1: SCOPE OF WORK, consists of
a description of local project activities, certification of the project's useful life, and identification of
estimated project costs and fund sources and is, by this reference, incorporated into this agreement
as though set forth fully herein. In addition, ATTACHMENT II: ATTORNEY'S CERTIFICATION,
is by this reference incorporated into this agreement.
The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date
and year last written below.
DEPARTMENT OF COMMUNITY LOCAL GOVERNMENT
DEVELOPMENT
4e
Nark
4S7n4n-i! cD11€'e, s --
Title
Date
sic94 5 3
Approved as to Form by
Name
City Manager
Title
c .,pct
Date
91-600-1293
Attorney General Taxpayer Identification Number
VA(tk:k)
As is ant - orney General
Date t t
1 Construction Loan Agreement
PART 11: INTRODUCTION
This loan agreement is made and entered into by and between the DEPARTMENT OF
COMMUNITY DEVELOPMENT, a department of the state of Washington (referred to as the
"DEPARTMENT') on behalf of the PUBLIC WORKS BOARD (referred to as the "BOARD"), and the
City of Yakima (referred to as the "LOCAL GOVERNMENT").
The DEPARTMENT has received an appropriation from the Washington State Legislature under
the authority of Chapter 43.155 RCW to provide financial assistance to selected units of local
government for the repair, replacement, reconstruction, rehabilitation, or improvement of bridges,
roads, domestic water systems, sanitary sewer, and storm sewer systems. Acting under the
authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive
a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The DEPARTMENT and the LOCAL GOVERNMENT have entered into this agreement to
undertake a local public works project which furthers the goals and objectives of the Washington
State Public Works Trust Fund Program. The project will be undertaken by the LOCAL
GOVERNMENT and will include the activities described in ATTACHMENT I: SCOPE OF WORK,
as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL
GOVERNMENT and upon which this agreement is based. The assisted project must be
undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and
local laws and ordinances, which by this reference are incorporated into this agreement as though
set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The DEPARTMENT, using funds appropriated from the Public Works Assistance Account, shall
loan the LOCAL GOVERNMENT a sum not to exceed $3,221,708. The interest rate shall be one
percent (1 %) per annum on the outstanding principal balance. The term of the loan shall not
exceed 20 years, with the final payment due July 1, 2013.
4.02 Local Project Share
The LOCAL GOVERNMENT pledges an amount of locally -generated revenue not less than thirty
percent (30%) of the total eligible portion of the project cost not funded by federal or state grants
as identified in ATTACHMENT 1: SCOPE OF WORK, to be verified at the time of project close-out.
Any change in the percentage of locally -generated funds may require an adjustment in the loan
amount or interest rate charged, or both. In such event, the LOCAL GOVERNMENT agrees to
execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate.
2 Construction Loan Agreement
Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related
only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures
may be made up to twelve (12) months prior to the execution of the loan agreement and verified
at the time of project close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN
AGREEMENT.
4.03 Disbursement of Loan Proceeds
The DEPARTMENT shall issue warrants to the LOCAL GOVERNMENT for payment of allowable
expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved
project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the
total Public Works Trust Fund loan exceed seventy percent (70%) of the eligible actual project
costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a
Washington State Invoice Voucher form provided by the DEPARTMENT. The loan funds will be
disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen
percent (15%) of the approved Public Works Trust Fund loan shall be disbursed by the
DEPARTMENT to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a
construction contract, a sum not to exceed seventy-five percent (75%) of the approved Public
Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT,
except in the case of engineering services contracts. If the approved project described in
ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies, a sum not
to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be
disbursed by the DEPARTMENT to the LOCAL GOVERNMENT within thirty (30) days of the
execution of a Notice to Proceed following the formal award of a contract for engineering services.
At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report),
shall be submitted to the DEPARTMENT by the LOCAL GOVERNMENT certifying total actual
project costs. The Close-out Report shall include copies of the approved closure reports from the
Department of Revenue and the Department of Labor & Industries.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of
seventy percent (70%) of the eligible project costs or the total of $3,221,708, whichever is Tess, nor
shall this disbursement occur prior to the completion of all project activities and clearance of all
Close-out documents from the Department of Revenue and the Department of Labor & Industries.
The Close-out Report shall serve as a contract AMENDMENT for determining the final loan amount,
interest rate, and local share.
In the event that the final costs identified in the Close-out Report indicate that the
LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of seventy
percent (70%) of eligible costs, all funds in excess of seventy percent (70%) shall be repaid to the
DEPARTMENT within thirty (30) days of submission of the Close-out Report.
3 Construction Loan Agreement
4.04 Interest Eamed on Public Works Trust Fund Monies
All interest earned on funds disbursed by the DEPARTMENT and held by the LOCAL
GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the
eligible costs of the approved project. Benefits shall accrue in one of two ways:
1. Reduce the amount of the Public Works Trust Fund loan.
2. Pay part of the eligible project costs that are in excess of ATTACHMENT I: SCOPE OF
WORK estimates. (Overrun of project costs.)
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the
Public Works Trust Fund loan can be readily identified and accounted for at any time during the life
of this loan agreement. Such procedures shall consist of the establishment of a separate fund,
account, sub -account or any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE
OF WORK no later than October 1, 1993 and reach project completion no later than thirty (30)
months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute
default of this agreement and require the immediate repayment of any loan funds disbursed. In the
event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the
BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend
the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project
completion, unless terminated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 1994 and subsequent installments are
due on July 1 of each year during the term of the loan. The first repayment under this agreement
shall consist of interest only at the rate of one percent (1 %) per annum, calculated on a 360 -day
year of twelve 30 -day months, applied to funds received from the DEPARTMENT. Interest will
begin to accrue from the date the DEPARTMENT issues each warrant to the LOCAL
GOVERNMENT. Subsequent repayments shall consist of 1/19 of the principal plus interest on the
unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan
balance to zero.
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time,
and the right to repay at a faster rate than is provided in this agreement, provided that any such
payment must equal or exceed the amount normally due on an annual basis.
4 Construction Loan Agreement
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions
through the use of a check, money order, or equivalent means made payable to the DEPARTMENT
and sent to:
Department of Community Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48319
Olympia, Washington 98504-8319
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation
revenues,,or a combination thereof. The name of the fund, account, or sub -account shall be
1--1 c,%� I m- RA. �,r ma+\ a�� �,'e. G a �.� 4 .q (re, +.m`9t Y` an. t".. C'aa.'s-.G�
4.08 Default in Repayment
Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this
agreement. A payment not received within thirty (30) days of the due date shall be declared
delinquent. Delinquent payments shall be assessed a penalty of twelve percent (12%) interest per
annum calculated on a 360 -day year.
Upon default in the payment of any annual installment, the DEPARTMENT may declare the entire
remaining balance of the loan, togetherwith interest accrued, immediately due and payable. Failure
to exercise its option with respect to any such repayment in default shall not constitute a waiver by
the DEPARTMENT to exercise such option for any succeeding installment payment which may then
be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred
by the DEPARTMENT in any action undertaken to enforce its rights under this section.
4.09 General Obligation
This loan is a general obligation of the LOCAL GOVERNMENT, except in the case of utility
systems, in which case, Section 4.10 shall prevail.
4.10 Utility System Repayment and Debt Parity
This section is for the use of LOCAL GOVERNMENTS desiring to specify that debt repayment is
not a general obligation of the LOCAL GOVERNMENT. This section may be used only if the entire
project is a domestic water, sanitary sewer or storm sewer utility project. LOCAL GOVERNMENTS
performing a storm sewer project that have not created a storm sewer utility or storm water utility
may not use this section. Projects providing for a mixture of bridge, road, domestic water, sanitary
sewer, and storm sewer activities may not utilize this section.
In accordance with Section 4.06 of this agreement, the LOCAL GOVERNMENT shall be obligated
to make all such repayments only from the net revenue of the LOCAL GOVERNMENT'S
utility after the payment of the principal of and interest on any outstanding
utility revenue bonds or notes at any time outstanding which constitute a
5 Construction Loan Agreement
lien or charge on that net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operation. This loan agreement is not a general obligation of the
LOCAL GOVERNMENT.
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations
under this agreement.
4.11 Recordkeeping and Access to Records
The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require.
Such records will include information pertinent to work undertaken as part of the project, including
demonstration of compliance with the terms and provisions of this agreement and all applicable
state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records
for a period of three years from the date of project completion.
The DEPARTMENT and duly authorized officials of the state shall have full access and the right
to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL
GOVERNMENT may contract, involving transactions related to this project and this agreement.
4.12 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the
BOARD may require, shall fumish the DEPARTMENT with such periodic reports as it may request
pertaining to the activities undertaken pursuant to this agreement including, but not limited to,
quarterly progress reports, the Close -Out Report, and any other matters covered by this agreement.
Failure to file periodic reports as requested may result in termination of this agreement as per
Section 4.16.
4.13 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the
DEPARTMENT, the BOARD, and the state of Washington from and against any and all claims,
costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising
from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or
subcontractors, or any employees or agents of either in the performance of this agreement,
however caused. In the case of negligence of both the DEPARTMENT and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.14 Amendments. Modifications. and Waivers
Except for an increase in the amount of the loan govemed by this agreement, the LOCAL
GOVERNMENT may request an amendment of this agreement for the purpose of modifying the
SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No
modification or amendment resulting in an extension of time shall take effect until a request in
writing has been received and approved by the Board in accordance with Section 4.05. No
6 Construction Loan Agreement
amendment or modification shall take effect until approved in writing by both the DEPARTMENT
and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this
agreement may be waived unless approved by the DEPARTMENT in writing.
4.15 Disputes
Except as otherwise provided in this agreement, any dispute conceming a question of fact arising
under this agreement that is not disposed of by this agreement shall be decided by a panel
consisting of a representative of the DEPARTMENT, a representative of the LOCAL
GOVERNMENT, and a representative of the BOARD. The panel shall reduce its decision to writing
and fumish a copy to all parties to the agreement. The decision of the panel shall be final and
conclusive.
This clause does not preclude the consideration of questions of law in connection with decisions
provided for in the preceding paragraph provided that nothing in this agreement shall be construed
as making final the decisions of any administrative official, representative, or board on a question
of law.
4.16 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the
loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the
DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT
shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the
reason for such termination, and the effective date of the termination. Upon termination of the loan
agreement, the DEPARTMENT shall declare the entire remaining balance of the loan, together with
any interest accrued, immediately due and payable.
4.17 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and
performance hereof shall be govemed by, the laws of the state of Washington. Venue of any suit
between the parties arising out of this agreement shall be the Superior Court of Thurston County,
Washington. The prevailing party is entitled to recover costs in accordance with Washington State
Law (Chapter 4.84 RCW).
4.18 Severability
If any provision under this agreement or its application to any person or circumstances is held
invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the
agreement which can be given effect without the invalid provision.
4.19 Project Completion
The DEPARTMENTwiII require and notify the LOCAL GOVERNMENT to initiate a Close-out Report
when the activities identified in ATTACHMENT l: SCOPE OF WORK are completed. In the report,
the LOCAL GOVERNMENT will provide the following information to the DEPARTMENT:
7 Construction Loan Agreement
1. A description of the actual work performed, in addition to a certified statement of the actual
dollar amounts spent, from all fund sources, in completing the project as described.
2. Certification that all costs associated with the project have been incurred. Costs are
incurred when goods and services are received and/or contract work is performed.
3. Copies of the approved closure reports from the Department of Revenue and the
Department of Labor & Industries, certifying that all sales taxes have been paid and
appropriate industrial insurance and prevailing wages have been paid.
4.20 Project Close-out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit,
together with the Close-out Report, a request for a sum not to exceed the final ten percent (10%)
of the loan amount. This disbursement shall not occur prior to the completion of all project activities
and clearance of all Close-out documents from the Department of Revenue and the Department
of Labor & Industries. The LOCAL GOVERNMENT shall be responsible to ensure compliance with
the Department of Revenue and the Department of Labor & Industries requirements by their
contractor(s).
4.21 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal
Division of the State Auditor's Office in accordance with state law and any guidelines the
DEPARTMENT may prescribe. Payment for the audit shall be made by the LOCAL
GOVERNMENT.
4.22 Project Signs
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or
markers identifying those agencies participating financially in the approved project, the sign or
marker must identify the Washington State Public Works Trust Fund as a participant in the project.
4.23 Utilization of Minority and Women Business Enterprises (MWBE)
The LOCAL GOVERNMENT is encouraged to utilize business firms that are certified as minority-
owned and/or women -owned in carrying out the purposes of this loan agreement. LOCAL
GOVERNMENTS may set their own utilization standards, based upon local conditions, or may
utilize the state of Washington MWBE goals, as identified in WAC 326-30-03904.
4.24 Nondiscrimination Provision
There shall not be discrimination against any employee who is paid by the funds indicated in the
contract or against any applicant for such employment because of race, color, sex, age, or national
origin. This provision shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment, advertising, lay-off or termination, rates or pay or other forms of
compensation and selection for training. This section shall be construed to pertain to the Americans
with Disabilities Act of 1990 (Public Law 101-336), which provides comprehensive civil rights
8 Construction Loan Agreement
protection in the areas of employment, public accommodation, state and local government services,
and telecommunications to individuals with disabilities.
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws,
requirements, and ordinances as they pertain to the design, implementation, and administration of
the approved project. Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding
competitive bidding requirements for projects assisted in whole or in part with money from the
Public Works Trust Fund program.
5.02 WAC 399-30-030(3)
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible
costs for projects assisted with Public Works Trust Fund loans.
9 Construction Loan Agreement
PUBLIC WORKS TRUST FUND
ATTACHMENT 1: SCOPE OF WORK
PW -5-93-280-054
City of Yakima
(Jurisdiction)
1994 Wastewater Facility Rehabilitation
(Project Title)
1. Provide a clear description of the project to be financed in part by a Public Works
Trust Fund loan. (attach an additional sheet if necessary):
See Attached
2. The term for this loan will be based on an engineer's certification of the expected
useful life of the improvements, as stated below, or 20 years, whichever is less. If
the local govemment prefers the term of its loan to be Tess than either 20 years or
the useful life of the improvements, the preferred loan term should be indicated:
years.
3. 1, i, U to ( �, licensed engineer, certify that the average
expected useful ife for the improvements described above is 20 years.
Signed:
Date:
January 27, 1993
Telephone: 509/ 575-6077
Scope of Work
City of Yakima
PW -5-93-280-054
1) Provide a clear description of the project to be financed in part by
a Public Works Trust Fund loan.
1) Biosolids Storage Area
A) Grade and line with the most appropriate material to meet strength
and permeability requirements approximately 4.0 acres. Allow for expansion
capabilities to 5 acres.
B) Install adequately sized drainage system back to the plant system.
C) Provide appropriate appurtenances for lighting the area.
D) Reconstruct approximately 800 lineal feet of access road to the Biosolids
Storage Area
2 ) Landscaping Improvements
A) Install approximately 500 lineal feet of perimeter chain link fencing
around the biosolids storage area to prevent trespassing of people, livestock,
and wildlife.
B) Construct approximately 1900 lineal feet of irrigated landscaped berm
along two sides of biosolids storage area to shield I-82 traffic and neighboring
businesses from sight, sounds, and smell.
3) Lagoon Modifications
A) Contract to remove, shred, and dewater over 3000 dry tons of biosolids
from the existing supernatant (sludge stabilization) lagoons.
B) Contract to transport over 3000 dry tons of biosolids from storage area
to agriculture utilization sites.
C) Provide appropriately sized dredging and loading equipment,
intermediate storage tanks, piping, pumps, electrical, and control systems
necessary to allow local ability for future lagoon harvesting.
D) Minor lagoon repairs including approximately 200 lineal feet of
embankment reconstruction and repair/replacement of approximately 300
square yards of existing concrete aprons.
E) Installation of piping and equipment necessary to rehabilitate lagoon
feed system to allow facultative operation of this system as intended.
4) Upgrade of Plant's Supervisory Control and Data Acquisition (SCADA)
System
A) Installation of approximately 2000 lineal feet of fiber optic cables and
appropriate connectors between each computer.
B) Distribute the existing computers to monitor and control logical areas
or processes of the plant.
C) Add one main plant central computer.
D) Reconfigure the existing system software and install required
additional software so that if any given computer fails, the main plant central
computer would take over that system.
SCOPE OF WORK
Page 2
PW -5-93-280-054
4. Estimated Project Costs:
Repair or Expansion Total
Replacement or Growth
Preliminary Engineer Report $ 638,848 $46,000 $ 684,848
Design Engineering 267,695 267,695
Land/R-O-W Acquisition
Sales or Use Taxes 208,802 208,802
Other Fees Administration 159,098 2,300 161,398
Construction Inspection 401,543 401,543
Start-up Costs 26,770 26,770
63,639 920 64,559
Financing Costs
Retainage 159,098 2,300 161,398
Construction 2,676,950 2,676,950
TOTAL ESTIMATED PROJECT COST $ 4,602,441
5. Anticipated Fund Sources:
51,520 4,653,961
A. Federal Grants $
0
State Grants $
0
SCOPE OF WORK
Page 3
PW -5-93-280-054
, B. Locally Generated Revenue
General Funds
Capital Reserves
Other Fund
Rates
Assessments (LID, RID, ULID)
Special Levies
Federal Loan(s) from: (identify all)
State Loan(s) from: (identify all)
Other: (identify source)
TOTAL LOCAL REVENUE:
$
0
1,000,000
432,252
0
0
0
$1,432,252
C. Public Works Trust Fund Loan 13,221,708
AMENDMENT
PUBLIC WORKS TRUST FUND LOAN AGREEMENT NUMBER PW -5-93-280-054
BETWEEN
THE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
AND
THE CITY OF YAKIMA
The purpose of this amendment is to revise ATTACHMENT I: SCOPE OF WORK of the
Public Works Trust Fund Loan Agreement Number PW -5-93-280-054.
The Washington State Department of Community, Trade and Economic Development
(hereinafter referred to as the DEPARTMENT) and the City of Yakima (hereinafter
referred to as the LOCAL GOVERNMENT) agree to amend Public Works Trust Fund
Loan Agreement Number PW -5-93-280-054 as described below:
ATTACHMENT I: SCOPE OF WORK: is amended to insert the following after Section 4
of the original SCOPE OF WORK:
If sufficient funds are available, the project will include the following additional elements:
5) Barscreens at the Headworks:
Pre -purchase, through a competitive bidding process, the equipment required for Headworks
rehabilitation. The construction/installation contract would remain in the Scope of our pending 1995
PWTF application. The City would proceed with this construction regardless of the outcome of the
application. The pre -purchase components would include:
1. Barscreens (2 units)
2. Vortex grit basins (2 units)
3 Grit classifier and cyclone (2 units)
6a) Grinders/Shredders:
A) Install grinders/shredders to appropriate size (4"-8") for our loading on feed lines to the centrifuges
(2), on the sludge feed to the digesters (1) for a total of three (3) units. Installation shall include
slight piping modifications and necessary power, control, and monitoring capability.
6b) Variable Frequency Drives (VFD)
A) Improve the speed control of the existing 15 horse power centrifuge feed pumps by installation of a
Variable Frequency Drive (VFD) or other manufacture recommended device with remote speed
controls on each of the two units.
B) Connect speed control to existing computer control and monitoring system.
Page 2of2
A copy of this amendment, consisting of two (2) pages, shall be attached to and
incorporated into the original agreement between the DEPARTMENT and the LOCAL
GOVERNMENT. All other items and conditions of the original loan shall remain in full
force and effect.
IN WITNESS THEREOF, the DEPARTMENT and the LOCAL GOVERNMENT have
executed this amendment as of the date and year last written below.
DEPARTMENT OF COMMUNITY, TRADE LOCAL GOVERNMENT
AND ECONOMIC DEVELOPMENT
tAirm
Name Name
Title
— c 9 `C4 -
Date
APPROVED AS TO FORM BY
ATTORNEY GENERAL
Assistant Attorney General
Date
Title
Date
NO.
AMENDMENT NUMBER 2
PUBLIC WORKS TRUST FUND LOAN AGREEMENT NUMBER PW -5-93-280-054
BETWEEN
THE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
AND
THE CITY OF YAKIMA
The purpose of this amendment is to supersede the first amendment and to revise
ATTACHMENT I: SCOPE OF WORK of the Public Works Trust Fund Loan Agreement Number
PW -5-93-280-054.
The Washington State Department of Community, Trade and Economic Development
(hereinafter referred to as the DEPARTMENT) and the City of Yakima (hereinafter referred to as
the LOCAL GOVERNMENT) agree to amend Public Works Trust Fund Loan Agreement Number
PW -5-93-280-054 as described below:
ATTACHMENT I: SCOPE OF WORK: is amended to delete the original SCOPE OF WORK and
replace it with the following:
This loan is for Phase One of a combined project consisting of the components on the attached
Combined Scope of Work.
Phase One will include as much design and construction of the Combined Scope of Work as
funds allow. All available funds from Loan Number PW -5-93-280-054 will be used.
A copy of this amendment shall be attached to and incorporated into the original agreement
between the DEPARTMENT and the LOCAL GOVERNMENT. All other items and conditions of
the original loan shall remain in full force and effect.
IN WITNESS THEREOF, the DEPARTMENT and the LOCAL GOVERNMENT have executed
this amendment as of the date and year last written below.
DEPARTMENT OF COMMUNITY, TRADE
AND ECONOMIC DEVELOPMENT
0 (AA_(��
Title
Date
A-0
APPROVED AS TO FORM BY
AT NEY GENERAL
Assistan AttoC ey General
Date
C:\YA KI MA\93054S C P. D O C
LOCAL GOVERNMENT
Name
Title
1%1 15 q s -
Date
C1'Y CONTRACT NO. q-5-- / 0 3
p- (9/3'1-
Combined Scope of Work
City of Yakima
PWTF LOANS
PW -5-93-280-054 AND PW -5-95-791-053
1) Biosolids Storage Area:
A) Grade and line with the most appropriate material to meet strength and
permeability requirements approximately 5.0 acres.
B) Install adequately sized drainage system back to the plant system.
C) Provide appropriate appurtenances for lighting the area.
D) Reconstruct approximately 800 lineal feet of access road to the Biosolids Storage
Area
2) Landscaping Improvements:
A) Install approximately 500 lineal feet of perimeter chain link fencing around the
biosolids storage area to prevent trespassing of people, livestock, and wildlife.
B) Construct approximately 1,900 lineal feet of irrigated landscaped berm along
two sides of biosolids storage area to shield 1-82 traffic and neighboring businesses
from sight, sounds, and smell.
3) Lagoon Modifications:
A) Contract to remove, shred, and dewater over 3000 dry tons of biosolids from the
existing supernatant (sludge stabilization) lagoons.
B) Contract to transport over 3000 dry tons of biosolids from storage area to
agriculture utilization sites.
C) Minor lagoon repairs including approximately 200 lineal feet of embankment
reconstruction and repair/replacement of approximately 300 square yards of existing
concrete aprons.
D) Installation of piping and equipment necessary to rehabilitate lagoon feed system
to allow facultative operation of this system as intended.
4) Upgrade of Plant's Supervisory Control and Data Acquisition (SCADA)
System:
A) Installation of approximately 2,000 lineal feet of fiber optic cables and
appropriate connectors between each computer.
B) Distribute the existing computers to monitor and control logical areas or
processes of the plant.
C) Add, at minimum, one main plant central computer.
D) Re configure the existing system software and install required additional
software so that if any given computer fails, the main plant central computer would take
over that system.
5) Headworks Equipment Pre -purchase:
Pre -purchase, through a competitive bidding process, the major equipment required for
Headworks rehabilitation. The pre -purchased components would include.
A) Barscreens (2 units)
B) Grit classifier and cyclone (2 units)
Combined Scope Page 1
1993-1995 PWTF Treatment Facility
Revision of June 27, 1995
6) Grinders/Shredders:
A) Install two 8" grinders. One on the feed line to the centrifuges, the second on the
raw sludge feed to the digesters. Installation shall include piping modifications and
necessary power, control, and monitoring capability.
7) Centrifuge Pump Remote Speed Control:
A) Improve the speed control of the existing 15 horse power centrifuge feed pumps
by installation of a manufacture recommended remote speed control device on each of the
two units.
B) Connect speed control to existing computer control and monitoring system.
8) Replacement of Hot Water Piping:
A) Install replacement hot water supply and return piping between the Boiler
Building and the Influent Building (approximately 750ft. of 3"), the Boiler Building and
the Digester Building (approximately 350ft. of 8"), and the Digester Building and the
Solids Handling Building (approximately 320ft. of 2").
9) Improvement of Control Building HVAC System:
A) Modify/Upgrade ventilation system to meet building code requirements (indoor
air quality).
10) Barscreens: (Included with Headworks Element)
A) Replace existing barscreens with two new high rise barscreens, one in each of
the two existing influent channels. of the configuration and size most appropriate to fit
our existing channels. Each unit shall have a minimum of 20 million gallon per day
capacity.
B) Construct building to house barscreen installation with appropriate power,
controls, lighting, ventilation, and connection to the odor control system.
11) Grit Removal System: (Included with Headworks Element)
A) This element will replace the entire existing Grit Removal system. A new
system will be installed which will consist of two degritter units (one in each influent
channel) of the appropriate size for the plant flow, and all necessary piping, pumps,
classifier equipment, storage hopper, ventilation, and electrical power, control, and
monitoring equipment. Each degritter unit will have a minimum capacity of 20 million
gallons per day.
12a) Primary Digester Rehabilitation:
A) Structural evaluation of existing structures. (At minimum)
a) Rehabilitation/replacement of roof on one unit.
b) Rehabilitation of insulation and protective coating on all tanks.
B
Digester Mixing
a) Analysis of best method to mix digesters.
b) Removal of existing outdated, unused system.
c) Installation of equipment of the type and capacity found by the analysis to
be most effective and efficient in each of three primary digesters.
C) Feed and Valving Rehabilitation:
a) An evaluation of piping, flow schemes, and valving will be conducted to
maximize the use of available equipment and facilities.
b) Removal/replacement of existing misapplied and nonfunctional piping and
valves (approximately 25 units).
Combined Scope Page 2
1993-1995 PWTF Treatment Facility
Revision of June 27, 1995
c) Installation of new sludge distribution piping with valves and vaults to
allow flexibility of operations of system and maintenance.
12b) Secondary Digester Rehabilitation:
A) Structural:
a) Complete roof removal and replacement on all three units. Replacement
roofs shall be of flexible membrane to allow increased gas storage.
b) (Depending upon the structural and foundation analysis) Extension of
walls on one unit to equalize top elevation of all three units.
B
Operational:
a) An evaluation of piping, flow schemes, and valving will be conducted to
maximize the use of available equipment and facilities.
b) Removal/replacement of existing misapplied and nonfunctional piping and
valves.
c) Installation of new sludge distribution piping with valves and vaults to
allow flexibility of operations of system and maintenance.
13) Hazardous Materials Storage Building:
A) Construction of approximately 10,000 sf storage building of the proper material
and ancillary equipment (HVAC, fire suppression, etc.) to meet regulatory requirements
pertaining to the material to be stored.
B) Construction of a wash bay with capability to remove contaminants from the
discharge water.
14) Non -potable (C-2) Water System:
(A) Rehabilitation of the existing C-2 water supply station. This component will entail
rehabilitation of the wet well, pumps, and filtration system with a new system adequate
to supply pressurized water for all plant requirements. The required capacity of the
system is estimated to be 3-4 mgd at 80 psi.
(B) Improving the existing distribution system by a combination of reconstruction of
the existing "bottle necks" and of construction of a parallel piping loop. Work shall
consist of installation of piping and valving of the required size and configuration to
provide adequate flow and pressure throughout the plant for all uses.
15) Chlorine (Cl2) Solution System:
A) Repair/replace Cl2 solution supply lines from existing distribution building to
plant areas were solution is required for operations. Three areas of primary application
are: (1) Secondary Clarifiers and Activated Sludge, (2) Headworks, and (3) Trickling
Filter Area.
B) Install appropriate valves and booster pumps as necessary to insure adequate
quantity and pressure.
16) Rehabilitation of Existing Secondary Clarifiers:
A) Install baffles to redirect flow at perimeter and replace centerwell with one of
larger diameter in each of two existing units. Both actions will increase capture of
solids in clarifiers.
17) Replacement of Roof Membrane:
A) Replacement roof membrane on Chlorination Building (approximately 4,000 sf).
Combined Scope Page 3
1993-1995 PWTF Treatment Facility
Revision of June 27, 1995
Scope of Work
Page Two
PW -5-93-280-054
Estimated Proiect Costs:
Preliminary Engineer Report
Design Engineering
Land/R-O-W Acquisition
Sales or Use Taxes
Other Fees
Construction Inspection
Start-up Costs
Financing Costs
Contingency ( %)
Construction
TOTAL ESTIMATED COSTS
Anticipated Fund Sources:
A. Federal Grants
State Grants
Repair or
Replacement
$46,168
298,072
0
316,664
145,420
332,808
19,984
19,484
110,920
4,008,400
Expansion
or Growth
$
$5,297,920 $
B. Locally Generated Revenue
General Funds
Capital Reserves 478 Fund
Other Fund
Rates
Assessments
(LID, RID, ULID)
Special Levies
Federal Loan(s) from: (identify all)
State Loan(s) from: (identify all)
Other: identify sources)
Wholesale Municipal Customers
TOTAL LOCAL REVENUE
C. PUBLIC WORKS TRUST FUND LOAN
C: \YA KI MA\93054S C P. D O C
$
$
$ 1,824,990
$
$
$
$
$
$
$
$
$ 251,222
$
Total
$46,168
298,072
0
316,664
145,420
332,808
19,984
19,484
110,920
4,008,400
$5,297,920
$
$
$ 2,076,212
$ 3,221,708
Scope of Work
Page 3
PW -5-93-280-054
Calculating Local Percentage: (Note: Please exclude any expansion/growth costs before
calculating the local percentage.)
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue = Local Loan Percentage 39.2%
The local contribution must be at least:
Ten percent (10%)
Twenty percent (20%)
Thirty percent (30%)
C' \YA KI MA\93054S C P. D O C
for a loan interest rate of 3%
for a loan interest rate of 2%
for a loan interest rate of 1%