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