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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%