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HomeMy WebLinkAboutR-1993-042 1994 Public Works Trust FundRESOLUTION 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 improvement 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 programs, and WHEREAS, the cost of planning, design, and construction of the wastewater treatment facilities are eligible for Public Works Trust Fund loan financing, and WHERAS, the City has initiated Phase One project of the type described within the application under previous financing arrangements through the Public Works Trust Fund Program, now, therefore BE IT RESOLVED BY THE CIT y 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 1994 round Public Works Trust Fund loan program for Phase Two -1994 Sewer Collection System Improvements Project ADOPTED THIS k day of t.A.1-1 , 1993 ATTEST' CITY CLERK PWTFPhaefl 4/70/93 cw MAYOR PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW -5-94-784-049 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 I. 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, TRADE LOCAL GOVERNMENT AND ECONOMIC DEVELOPMENT Name 5/1// 1 Date Approved as to Form by Date 9 0 I el 3 Attorney General Taxpayer Identification Number 1994 Construction Loan Agreement PART II: INTRODUCTION This loan agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC 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. PURPQSE 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 $1,481,000 The interest rate shall be one percent (1°/0) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, 2014. 4.02 Local Proiect 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 I 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 2 1994 Construction Loan Agreement GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate 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 $1,481,000, whichever is less, 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 1994 Construction Loan Agreement 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. 4.04 Interest Earned 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. 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, 1994 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 Renavment The first loan repayment under this agreement is due July 1, 1995, 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 4 1994 Construction Loan Agreement 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. 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, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W P 0 Box 48300 Olympia, Washington 98504-8300 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 LI 1 to 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, together with 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 Oblioation 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. 5 1994 Construction Loan Agreement 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 L..)c�.5t 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 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 furnish 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 1994 Construction Loan Agreement 4.14 Amendments, Modifications, and Waivers Except for an increase in the amount of the loan governed 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 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 concerning 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 furnish 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 governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4 84 RCW) 4.18 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. 7 1994 Construction Loan Agreement 4.19 Proiect Completion The DEPARTMENT will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT I SCOPE OF WORK are completed In the report, the LOCAL GOVERNMENT will provide the following information to the DEPARTMENT 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 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 Proiect 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 1994 Construction Loan Agreement 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 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.Q2 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 1994 Construction Loan Agreement PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW -5-94-784-049 Cd1ydYakina (Jurisdiction) 1994 Sewer Collection System Improvements (Project Title) RECEIVED MAR 25 1994 CPI) 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) SFE 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 government prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated: 20 years 1, Dennis E Covell , licensed engineer, certify that the average expected useful life for the improvements described above is 20 years. Signed Oate Telephone March 17, 1994 (509) 575-6111 Scope of Worts Page Two PW -5-94-784-049 Estimated Project Costs, Repair or Expansion Total Replacement or Growth Preliminary Engineer Report $ 43,340 $ $ 43,340 Design Engineering 144,465 144,465 Land/R-O-W Acquisition 50,000 50.000 Sales or Use Taxes 114,127 114,127 Other Fees 43,340 43340 Construction Inspection 173,358 173,358 Start-up Costs 0 0 Financing Costs 14,447 14.447 Contingency (_%) 88,124 88,124 Construction 1,444, 650 1,444,650 TOTAL ESTIMATED COSTS $2,115,850 $ $ 2,115,850 Anticipated Fund Sources: A. Federal Grants State Grants 6 Locally Generated Revenue General Funds $ 0 Capital Reserves $ 50,000 Other Fund $ 0 Rates $585,850 Assessments $ 0 (LID, RID, ULID) Special Levies $ 0 Federal Loan(s) from (identify all) State Loan(s) from. (identify all) Other (identify sources) TOTAL LOCAL REVENUE. 0 0 0 $ 634,850 C PUBLIC WORKS TRUST FUND LOAN $1.481.000 Scope of Wort Page 3 PW -5-94-784-049 culating 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 30% The local contribution must be at least: ten percent (10%) for a loan interest rate of 3%, twenty percent (20%) for a loan interest rate of 2%, and thirty percent (30%) for a long interest rate of 1%. PUBLIC WORKS TRUST FUND PW -5-94-784-049 CITY OF YAKIMA Scope of Work The Basic Scope of Work for which the financial assistance of this loan is intended, consists of utilizing the results of the engineering report, field verification, and further evaluation performed under Phase One With this, City staff and/or selected consultants will perform the following Tasks identified as Phase Two: Phase Two: 1) Prepare design for priority six, seven, eight, and nine projects as shown on following Table 1 2) Prepare contract documents for same projects. 3) Proceed with construction of same projects. All construction projects will consist of, in addition to sewer pipe installation, street patching, property restoration, replacement or repair of any utilities or any other material damaged by construction activities. The following table lists the presently known problem pipelines by engineer recommended priority and identifies into which phase of the project they are included. The lengths given are approximate only subject to field verification TABLE I SEWER COLLECTION SYSTEM IMPROVEMENTS Priority and Map Reference No Description of Existing System Approximate Linear Feet of Pipe Anticipated Diameter of New Pipe and Type of Construction Parallel Replacement 1 Phase Die 18 inch pipeline located between E. Chestnut St. and E. Pine St. in S Union St. Portions of this pipeline were relined in 1976. Additional parallel/replacement construction may be required south of Pine, including that section of 18 Inch under Washington Middle School, upon further field investigation 1595 24 2 Phase One 12 inch pipeline located between No 8th and alley between N 8th and N 91h St. in E. Lincoln Avenue. 1 8 5 18 3. Phase One 12 inch pipeline located between E. Lincoln Avenue and E. Yakima Avenue in alley between No 8th and No 9th Si. 1 443 . 1 8 4. Phase One 8 Inch pipeline located between E "G" St. and E. Lincoln Avenue in alley between No 7th and N 8th St. An alternate to this pipeline replacement would be to replace the 12 inch pipeline in N 8th St. within the same limits with an 18 inch to 21 inch pipeline 2233 10 5 Phase One 12 inch pipeline in E. "G" St. between alley between No 6th and N. 7th to No. 8th St. 585 2 1 6. Phase Two 8 inch pipeline in alley between N. 2nd and N. 3rd St. between E. "N" Si. and E. "1" St. 1 645 1 2 HDR Table 1 Priority and Map Reference No Description of Existing System Approximate Linear Feel of Pipe Anticipated Diameter of New Pipe and Type of Construction Parallel Replacement 7 Phase Two 12 inch pipeline in E. 1" St. between alley between No 2nd and N 3rd Si. and alley east of N 6th Si. Additional replacement construction may be required south of this project upon further field investigation 1 876 1 5 8 24 inch pipeline located at Division St. and extending to first manhole south of 493 1 8 Phase Two Division St. along west side of Union Pacific Railroad. • 9 8 Inch pipeline located between alley west of N 241h Ave. and Clarke Ave In 365 1 0 Phase Two the alley between Englewood Ave. and 3853 1 5 Powerhouse Road, the westerly portion of McKinley Ave , McKinley Ave., and the alley south of McKinley Ave 10 . 20 inch pipeline located between alley west of S. 3rd Ave and alley between S. 327 27 2nd Ave and S lst Ave In W Nob Hill 330 24 Boulevard. 11 10 inch and 6 inch pipeline located between Tieton Drive and 395 feet north 2089 1 5 of Nob Hill Boulevard in S 36th Ave and the alley west of S 36th Ave. 305 8 11 DR Table 1 Public Works Trust Fund ATTACHMENT 11 ATTORNEY'S CERTIFICATION 07 L pA feu, At%rhe7, , hereby certify I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (1 k C Ne•-• \ (the LOCAL GOVERNMENT), I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance Based on the foregoing, it is my opinion that. The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement 4 Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT /2,-114 44 24 if V' Signature of Attorney Date rd &()6k 0/e //4/ /Kt Na e 2- if Fi Are tIrr,A, VA Address