HomeMy WebLinkAboutR-2010-052 50% Principle Forgiveness Loan; Washington Public Works Trust Fund LoanA RESOLUTION
RESOLUTION NO. R-2010-52
authorizing the City Manager to execute documents and agreements
pursuant to a loan and grant offer from the Department of Ecology of
50% principle forgiveness loan totaling $1 million and to a loan
application to the Washington Public Works Trust Fund (PWTF) for $5
million.
WHEREAS, the City of Yakima has developed and adopted a plan for wastewater
collection and treatment 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 was developed in accordance with the requirements of WAC 173-
240; and
WHEREAS, the plan identifies facilities and systems required to be constructed,
improved and rehabilitated at the Yakima Wastewater Treatment Facility that address present
and future growth and mandated (regulatory and renewal/safety) requirements; and
WHEREAS, the Washington State Public Works Fund has made low interest loan funds
available for sanitary sewer construction projects; and
WHEREAS; the cost of construction of the Wastewater Treatment Facilities are eligible
for Washington State Public Works Trust Fund loan financing; and
WHEREAS, a 50% principle forgiveness loan offer for approximately $1 million to fund a
portion of this project was received from the Department of Ecology; and
WHEREAS, another $5 million is required to fund this project; and
WHEREAS, the amount of local match funds provided will allow the City a generous
interest rate of 0.5% on the $5 million loan; and
WHEREAS, it is necessary that certain conditions be met as part of the application
process; and
WHEREAS, RCW 43.155.060 requires that the project will be advertised for competitive
bids and administered according to standard local procedure; and
WHEREAS, the loan will not exceed the maximum amount allowed by the Board of
eligible costs incurred for the project; and
WHEREAS, any loan arising from this application constitutes a debt to be repaid, and
Max Linden, Wastewater Division Utility Engineer has reviewed and concluded it has the
necessary capacity to repay such a loan; and
WHEREAS, the information provided in this application is true and correct to the best of
the government's belief and knowledge and it is understood that the state may verify
information, and that untruthful or misleading information may be cause for rejection of this
application or termination of any subsequent loan agreement(s); and
NOW THEREFORE, the City of Yakima certifies that it meets these requirements, and
further that it intends to enter into a loan agreement with the Department of Ecology State
Revolving fund and loan agreement with the Public Works Board, provided that the terms and
conditions for a State Revolving Fund and Public Works Trust Fund agreement are satisfactory
to all parties; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute all applicable documents and agreements
pursuant to a 50% principle forgiveness loan offer from the Department of Ecology totaling $1
million and to a loan application to the Washington Public Works Trust Fund for $5 million.
ADOPTED BY THE CITY COUNCIL this 4th of May, 2010.
ATTEST:
CityClerk
City Clerk
Micah Ca ley, Mayor
•
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. O
For Meeting of May 4, 2010
ITEM TITLE: Consideration of a resolution authorizing execution of documents and
agreements pursuant to a 50% principle forgiveness loan offer from the
Department of Ecology State Revolving Fund (SRF) totaling $1 million and for a
loan application to the Washington Public Works Trust Fund (PWTF) for $5
million.
SUBMITTED BY: Dave Schneider, Assistant Wastewater Manager &
Max Linden, Wastewater Utility Engineer
CONTACT PERSON/TELEPHONE: Max Linden, Wastewater Utility Engineer,(509) 249-6814
SUMMARY EXPLANATION:
Staff respectfully requests permission from City Council for the consideration of a resolution to
accept a 50% principle forgiveness loan offer from the Department of Ecology and apply for a
$5 million (0.5% interest) construction loan from the PWTF.
The Yakima Regional Wastewater Treatment Plant needs to replace its aging methane gas
system. Methane is used to fire the facility boilers and heat digesters and plant buildings. The
boilers are continually breaking down due to poor gas conveyance and moisture issues. The
Wastewater Division wishes to implement a co -generation or fuel cell process at the plant to
better utilize the methane generated at the facility. These processes generate electricity and
reduce or eliminate methane emissions thus complying with new green house gas standards to
be required for WWTPs. An application was submitted to the Department of Ecology for
approximately $5 million to fund this project. We did not receive our full funding request, but
were offered a $1 million 50% principle forgiveness loan. In addition, the Wastewater Division
will submit a loan application to PWTF for $5 million. The estimated total cost of this project is
$8.3 million. A substantial existing loan will be paid in 2011 allowing the Wastewater Division to
finance these loans without increasing debt service for this project.
Resolution X Ordinance _ Contract Other (Specify)
Funding Source: Fund 473 — Wastewater Operations Fund
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Staff respectfully requests City Council approve this resolution
authorizing the City Manager to execute documents and agreements pursuant to a Department
of Ecology SRF 50% principle forgiveness loan totaling $1 million, and loan application to the
PWTF for $5 million.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
i
Washington State
Public Works Board
1011 Plum Street SE
Post Office Box 42525
Olympia, Washington 98504-2525
2012 Construction Loan Agreement between:
City of Yakima
and
Public Works Board
For:
Project Name: Yakima Wastewater Upgrades
Loan Number: PC12-951-065
Loan Type: Construction
Execution/Start Date:
2 - V //
(to be filled by the PUblic Works Board)
City of Yakima
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Contract Terms and Conditions
Construction Loan Contract
TABLE OF. CONTENTS
CONTRACT FACE SHEET 5
CONTRACT TERMS AND CONDITIONS 6
Part 1. SPECIAL TERMS AND CONDITIONS 6
1.1. Definitions 6
1.2. Authority 6
1.3. Purpose 6
1:4. Order of Precedence 6
1.5. 5- year deferral for start-up systems ' 6
1.6. Competitive Bidding Requirements 7
1.7. Default in Repayment 7
1.8. Investment Grade Audit 7
1.9. 'Local Matching Share and Eligible Project Costs 7
1.10. Historical and Cultural Resources 8
1.11. Performance Incentives 8
1.12. Project Completion Amendment and Certified Project Completion Report 9
1.13. Project Signs 9
1.14. Rate and Term of Loan 9
1.15. Recapture 9
1.16. Reimbursement Procedures and Payment 9
1.17. Repayment 11
1.18. Reports 11
1.19. Termination for Cause 11
1.20. Termination for Convenience 11
1.21. Time of Performance 11
Part 2. GENERAL TERMS AND CONDITIONS 13
2.1. DEFINITIONS 13
2.2. Allowable Costs 13
2.3. ALL WRITINGS CONTAINED HEREIN 13
2.4. AMENDMENTS 13
2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the "ADA" 28 CFR Part 35 13
2.6. APPROVAL 13
2.7. ASSIGNMENT 13
2.8. ATTORNEYS' FEES 14
2.9. AUDIT 14
2.10. CODE REQUIREMENTS 15
2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION 1.5
2.12. CONFORMANCE 16
2.13. COPYRIGHT PROVISIONS 16
2.14. DISALLOWED COSTS 16
2.15. DISPUTES 16
2.16. DUPLICATE PAYMENT 17
2.17. 'ETHICS/CONFLICTS OF INTEREST 17
2.1.8. GOVERNING LAW AND VENUE 17
2.19. INDEMNIFICATION 17
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2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR 17
2.21. INDUSTRIAL INSURANCE COVERAGE 17
2.22. LAWS 18
2.23. LICENSING, ACCREDITATION AND REGISTRATION 18
2.24. LIMITATION OF AUTHORITY 18
2.25. Local Public Transportation Coordination 18
2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS 19
2.27. POLITICAL ACTIVITIES 19
2.28. PREVAILING WAGE LAW 19
2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION 19
2.30. PUBLICITY 19
2.31. RECAPTURE 19
2.32. RECORDS MAINTENANCE 20
2.33. REGISTRATION WITH DEPARTMENT OF REVENUE 20
2.34. RIGHT OF INSPECTION 20
2.35. SAVINGS 20
2.36. SEVERABILITY 20
2.37. SUBCONTRACTING 21
2.38. SURVIVAL 21
2.39. TAXES 21
2.40. TERMINATION FOR CAUSE / SUSPENSION 21
2.41. TERMINATION FOR CONVENIENCE 22
2.42. TERMINATION PROCEDURES 22
2.43. WAIVER 22
ATTACHMENT 1: SCOPE OF WORK 23
A. PROJECT'S SCOPE OF WORK 23
B. ESTIMATED PROJECT COSTS 24
C. ANTICIPATED PROJECT FUNDING 25
ATTACHMENT II: ATTORNEY'S CERTIFICATION 26
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CONTRACT FACE SHEET
1. Contractor
City of Yakima
2220 East Viola
Yakima, WA 98901
Contract Number: PC12-951-065
Washington State Department of Commerce
PUBLIC WORKS BOARD
CONSTRUCTION LOAN CONTRACT
3. Contractor Representative
N/A
5. Contract Amount
$5,000,000.00
2. Contractor Doing Business As (optional)
N/A
4. Public Works Board Representative
N/A
6. Funding Source
Federal: ❑ State: Q Other: 0
N/A: 0
7. Contract Start
Date
Contract Execution
Date
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A N/A N/A
8. Contract End
Date
June 1,
2032
10. Tax ID #
916001293
11.SWV#
12. UBI #
13. DUNS #
14. Contract Purpose
Fund a project of a local govemment for the planning, acquisition, construction, repair, reconstruction,
replacement, rehabilitation, or improvement of streets and roads, bridges, drinking water systems, stormwater
systems, sanitary sewage systems, and solid waste facilities, including recycling facilities.
The Board, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the
terms of this Contract and attachments and have executed this Contract on the date below to start as of the
date and year last written below. The rights and obligations of both parties to this Contract are governed by
this Contract and the following other documents incorporated by reference: Contract Terms and Conditions
including Attachment I: Scope of Work, and Attachment ll: Attorney's Certification.
FOR THE CONTRACTOR
ignature
Do itai toopelz-
Print Name
Title
Date
FOR PUBLIC WORKS BOARD
Joh,KjlaRocque, ExecutiDirector
Date
/012fthl
APPROVED AS TO FORM ONLY
This 7th Dav of June. 2011
Rob McKenna
Attorney General
Signature on file
Kathryn Wyatt
Assistant Attorney General
City of Yakima
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Contract Terms and Conditions
Construction Loan Contract
CONTRACT TERMS AND CONDITIONS
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
Part 1. SPECIAL TERMS AND CONDITIONS
1.1. Definitions
As used throughout this Construction Loan Contract the following terms shall have the meaning set forth
below:
A. "Contract" shall mean this Construction Loan Contract.
B. "Contractor" shall mean the local government identified on the Contract Face Sheet performing
service(s) under this Contract and who is a Party to the Contract, and shall include all employees and
agents of the Contractor.
C. "The Board" shall mean the Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and who is a Party to the Contract.
1.2. Authority
Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public Works
Trust Fund construction loan for an approved public works project.
1.3. Purpose
The Board and the Contractor have entered into.this Contract to undertake a local public works project that
furthers the goals and objectives of the Washington State Public Works Program. The project will be
undertaken by the Contractor and will include the activities described in ATTACHMENT I: SCOPE OF
WORK. The project must be undertaken in accordance with the loan terms and conditions, and all
applicable federal, state and local laws and ordinances, which by this reference are incorporated into this
Contract as though set forth fully herein.
1.4. Order of Precedence
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
A. Applicable federal and state of Washington statutes and regulations.
B. Special Terms and Conditions including attachments.
C. General Terms and Conditions.
1.5. 5- year deferral for start-up systems
If the project financed by this contract is to develop a system to deliver previously unavailable services, and
revenue from those services is to repay the loan, the new system is eligible for deferral of loan payments
for sixty (60) months after the Contractexecution date. The Contractor may provide a written request to the
Board requesting a 5 -year deferral for an eligible system. The Board may approve the deferral request.
Interest accrues for the aforementioned sixty (60) months. The accrued interest only payment is due June
1 of the 6th year of the loan term. Interest and principal payments are due on June 1 of the 7th year of the
loan term.
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Contract Terms and Conditions
Construction Loan Contract
1.6. Competitive Bidding Requirements
The Contractor 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 Program.
1.7. Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 1.16 of this Contract. A payment
not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall
be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be one percent (1 %) per month or twelve percent
(12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds
in excess of eligible costs are not repaid at the time of the Project Completion Amendment is submitted, as
provided for in Section 1.11.
The Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of any
annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such
delinquency.
The Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to
enforce its rights under this section.
1.8. Investment Grade Audit
For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public
works facility for which an investment grade audit is obtainable, Contractor must undertake an investment
grade audit.
Costs incurred as part of the investment grade audit are eligible project costs.
1.9. Local Matching Share and Eligible Project Costs
The Contractor pledges to use an amount of matching funds as local project share of not less than
$6,179,265.00 applied to the total eligible portion of the project cost as identified in ATTACHMENT I:
SCOPE OF WORK. State and federal grants are not considered local matching funds. Expenditures on
eligible project activities incurred up to twelve (12) months prior to the execution of this Contract may be
used as match for local project share.
The amount of local funds used for the project will be verified and the percentage that this figure, represents
of the total project cost will be calculated at project completion. If and to the extent the actual percentage of
local match exceeds the proposed match percentage, the loan amount and/or the interest rate charged may
be adjusted. At a minimum, the match provided cannot be less than the original match pledged at the time
of contract execution. The interest rate adjustment will apply to the remaining payments beginning the fiscal
year of project completion. The Contractor agrees to execute the Project Completion Amendment as an
amendment to this Contract adjusting the loan amount or interest rate, as appropriate.
Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC)
399-30-030 and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK.
Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred
and payable within thirty (30) days of the reimbursement request. Only costs that have been incurred on or
after September 1, 2010, and which are not counted as local share, are eligible for reimbursement under
this Contract.
The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects
assisted with Public Works Program loans.
These terms supersede the terms in Section 2.2. Allowable Costs.
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1.10. Historical and Cultural Resources
Prior to commencing construction, Contractor shall complete the requirements of Governor's Executive
Order 05-05, or, as a substitute for completion of Governor's Executive Order 05-05, Contractor shall
complete Section 106 of the National Historic Preservation Act. Contractor agrees that the Contractor is
legally and financially responsible for compliance with all laws, regulations, and agreements related to the
preservation of historical or cultural artifacts and agrees to hold harmless the Board and the State of
Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or
damaged as a result of the project funded by this, Contract.
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's
Executive Order 05-05, coordinate with the Washington State Department of Archaeology and Historic
Preservation (DAHP), including any recommended consultation with- any affected tribe(s), during project
design and prior to construction to determine the existence of any tribal cultural resources affected by the
proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to the
cultural resource as a continuing pre -requisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural
monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during
construction, the Contractor shall immediately stop construction and notify the local historical preservation
officer and the state's historical preservation officer at DAHP. If human remains are uncovered, the
Contractor shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The Contractor shall require this provision to be contained in all sub -contracts for work or services related to
ATTACHMENT I: SCOPE OF WORK.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW
68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding
Archaeological Excavation and Removal Permits.
Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of
Governor's Executive Order 05-05.
In the event that the Contractor finds it necessary to amend ATTACHMENT I: SCOPE OF WORK, the
Contractor may be required to re -comply with Governor's Executive Order 05-05 or Section 106 of the
National Historic Preservation Act.
1.11. Performance Incentives
The Contractor shall complete the project no later than sixty (60). months after the date of contract
execution.
Should the Contractor complete the project within forty-eight (48) months of the date of contract execution,
the Contractor may choose one of the two following incentives upon project completion:
Option A: The repayment period will be increased by twenty-four (24) months, not to exceed the life
of the asset, OR:
Option B: The interest rate will be decreased by one-quarter of one percent (0.25%).
Should the Contractor complete the project within thirty-six (36) months of the date of contract execution,
the Contractor may choose one of the following two incentives upon project completion:
Option C: The repayment period will be increased by sixty (60) months, not to exceed the life of the
asset, OR;
Option D: The interest rate will be decreased by up to one-half of one percent (0.50%).
Once an option is selected, the Contract shall be modified to note the appropriate change and no further
adjustment to the Contract for Performance Incentives shall be authorized. Irrespective of the performance
incentive chosen, at no point in time shall the minimum loan interest rate be less than 0.25%.
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The calculation of interest rate and term adjustments will apply to the remaining payments.
1.12. Project Completion Amendment and Certified Project Completion Report
The Contractor shall complete a Certified Project Completion Report when all activities identified in
ATTACHMENT I: SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified
Project Completion Report form, which shall include:
A. A certified statement that the project, as described in ATTACHMENT I: SCOPE OF WORK, is complete
and, if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from. all funding sources, in completing the
project as described in ATTACHMENT I: SCOPE OF WORK.
C. Certification that all costs associatedwith the project have been incurred and have been accounted for.
Costs are incurred when goods and services are received and/or contract work is performed.
D. A final voucher for the remainirig eligible funds.
The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for
a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur
prior to the completion of all project activities identified in ATTACHMENT I: SCOPE OF WORK and the
Board's receipt and acceptance of the Certified Project Completion Report.
The Project Completion Amendment shall serve as an amendment to this Contract determining the final
loan amount, local share, term, and interest rate.
1.13. Project Signs
If the Contractor displays, during the period covered by this Contract, 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.
1.14. Rate and Term of Loan
The Board shall loan the Contractor a sum not to exceed $5,000,000.00. The interest rate shall be 0.50%
per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the
final payment due June 1, 2032.
1.15. Recapture
The right of recapture shall exist for a period not to exceed six (6) years following contract termination. In
the event that the Board is required to institute legal proceedings to enforce the recapture provision, the
Board shall be entitled to its costs thereof, including attorney's fees.
These terms supersede the terms in Section 2.31. Recapture.
1.16. Reimbursement Procedures and Payment
If funding or appropriation is not available at the time the invoice is submitted, or when this contract is
executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation
become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor
for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering
approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK.
The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount
under this contract, as identified in Section 1.13. When requesting reimbursement for costs incurred, the
Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the
ATTACHMENT I: SCOPE OF WORK project activity performed, and any appropriate documentation such
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as bills, invoices, and receipts. The Invoice Voucher must be certified by an official of the Contractor with
authority to bind the Contractor.
Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative form,
the progress made on the project since the last invoice was submitted, as well as a report of project status
to date. The Board will not release payment for any reimbursement request received unless and until the
Project Status Report is received. After approving the Invoice Voucher and the Project Status Report, the
Board shall promptly remit a warrant to the Contractor.
Requests for reimbursements for costs related to construction activities will not be accepted until the
Contractor provides:
• Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National Historic
Preservation Act, as described in Section 1.9, and
• An signed Public Works Trust Fund Notice of Contract Award and Notice to Proceed, which follows
the formal award of a construction contract.
The Contractor shall submit all Invoice Vouchers and all required documentation to:
Contracts Administration Unit
Department of Commerce
PO Box 42525
Olympia, WA 98504-2525
The Board will pay the Contractor upon acceptance of the work performed and receipt of properly
completed invoices. Invoices shall be submitted to the Board not more often than monthly.
Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the Contractor.
The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this contract.
No payments in advance or in anticipation of services or supplies to be provided under this contract shall be
made by the Board.
Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another
source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost.
Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its
own organization or that of its subcontractors.
In no event shall the total Public Works loan exceed 100.00% of the eligible actual project costs. At the time
of project completion, the Contractor shall submit, to the Board, a Project Completion Amendment certifying
the total actual project costs and local share. The final Public Works loan disbursement shall bring the total
loan to the lesser of 100.00% of the eligible project costs or the total of $5,000,000.00. The Project
Completion Amendment shall serve as an amendment to this Contract determining the final loan amount,
local share, and interest rate.
In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor
has received Public Works Trust Fund monies in excess of 100.00% of eligible costs, all funds in excess of
100.00% shall be repaid to the Public Works Assistance Account by payment to the Department of
Commerce, or its successor, together with the submission of the Project Completion Amendment.
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1.17. Repayment
Loan repayment installments are due on June lst of each year during the 20 -year fixed term of the loan.
The first loan repayment is due June 1, 2012. Interest only will be charged for this payment if a
reimbursement is made prior to this date. All subsequent payments shall consist of principal and accrued
interest due on June 1st of each year during the remaining term of the loan.
Repayment of the loan under this Contract shall include an interest rate of 0.50% per annum based on a
three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will\begin to accrue
from the date each warrant is issued to the Contractor. The final payment shall be on or before June 1,
2032, of an amount sufficient to bring the loan balance to zero.
In the event that the Board approves Contractor's request for a 5 -year deferral as outlined in Section 1.5,
then the first loan repayment is due on June 1, 2016. Interest accrues for the sixty (60) months after
contract execution. The accrued interest only payment is due on June 1, 2016. Interest and principal
payments are due on June 1 of each year during the remaining term of the loan.
The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated
payments without penalty.
The Contractor 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 Washington State Department of Commerce, or its
successor.
1.18. Reports,
The Contractor shall furnish the Board with:
A. Project Status Reports with each Invoice Voucher,
B. Project Reports at the end of each fiscal year,
C. Certified Project Completion Report at project completion (as described in Section 1.11), and
D. Other reports as the Board may require.
1.19. Termination for Cause
If the Contractor fails to comply with the terms of this Contract, or fails to use the ban proceeds only for
those activities identified in ATTACHMENT I: SCOPE OF WORK, the Board may terminate the Contract in
whole or in part at any time. The Board shall notify the Contractor in writing of its determination to
terminate, the reason for such termination, and the effective date of the termination. Nothing in this section
shall affect the Contractor's obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Section 2.40 Termination for Cause/Suspension.
1.20. Termination for Convenience
The Board may terminate this contract in the event that state funds are no longer available to the Board, or
are not appropriated for the purpose of, meeting the Board's obligations under this contract. Termination will
be effective when the Board sends written notice of termination to the Contractor. Nothing in this section
shall affect the Contractor's obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Section 2.41 Termination for Convenience.
1.21. Time of Performance
No later than sixty (60) months after the date of contract execution the Contractor must reach project
completion.
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• Failure to meet Time of Performance shall constitute default of this contract. In the event of extenuating
circumstances, the Contractor may request, in writing, that the Board extend the deadline for project
completion. The Board may extend the deadline. •
The term of this contract shall be for the entire term of the loan, regardless of actual project completion,
unless terminated sooner as provided herein.
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Part 2. GENERAL TERMS AND CONDITIONS
2.1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. . "Authorized Representative" shall mean the Public Works Board Chair and/or the designee
authorized in writing to act on the Chair's behalf.
B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
C. "BOARD" shall mean the Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and which is a Party to the Contract
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2.2. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to the
maximum amount stated on the Contract Award or Amendment Face Sheet.
2.3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the
parties hereto.
2.4. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO O REFERRED TO
AS THE "ADA" 28 CFR PART 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local government
services, and telecommunications.
2.6. APPROVAL
This contract shall be subject to the written approval of the Board's Authorized Representative and shall not
be binding until so approved. The contract may be altered, amended, or waived only by a written
amendment executed by both parties.
2.7. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the
Contractor without prior written consent of the. Board.
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2.8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other action
brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs.
2.9. AUDIT
A. General Requirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and
shall ensure that Subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
Subcontractors.
The Board reserves the rightto recover from the Contractor all disallowed costs resulting from the audit.
As applicable, Contractors required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the
Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Contractor must respond to the Board's requests for information or
corrective action concerning audit issues within thirty (30) days of the dateof request.
B. State Funds Requirements
Contractors expending $100,000 or more in total state funds in a fiscal year must have a financial audit
as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally
Accepted Auditing Standards (GAAS). The Schedule of State Financial Assistance must be included.
The schedule includes:
Grantor agency name
• State program name
BARS account number
Grantor
Agency contract number
Contract award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the
audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected
by the Contractor.
The Contractor shall include the above audit requirements in any subcontracts.
In any case, the Contractor's financial records must be available for review by the Board
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Contract Terms and Conditions
Construction Loan Contract
0
.C. Documentation Requirements
The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular
A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s)
to:
Department of Commerce
ATTN: Audit Review and Resolution Office
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the Contractor must include:
• Corrective action plan for audit findings within three (3) months of the audit being received by the
Board.
• Copy of the Management Letter.
2.10. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans
with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building
Department.
2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Contractor by the Board that is designated as "confidential" by the Board;
2. All material produced by the Contractor that is designated as "confidential" by the Board; and
3. All personal information in the possession of the Contractor that may not be disclosed under state or
federal law. "Personal information" includes but is not limited to information related to a person's
name, health, finances, education, business, use of government services, addresses, telephone
numbers, social security number, driver's license number and other identifying numbers, and
"Protected Health Information" under the federal Health Insurance Portability and Accountability Act of
1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the
purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information
to any third party except with the prior written consent of the Board or as may be required by law. The
Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to
prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of
any state or federal laws related thereto. Upon request, the Contractor shall provide THE BOARD with
its policies and procedures on confidentiality. The Board may require changes to such policies and
procedures as they apply to this Contract whenever the Board reasonably determines that changes are
necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time
period specified by the Board. Upon request, the Contractor shall immediately return to the Board any
Confidential Information that the Board reasonably determines has not been adequately protected by
the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of
any unauthorized use or disclosure of any confidential information, and shall take necessary steps to
mitigate the harmful effects of such use or. disclosure.
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2.12. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
2.13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire"
as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the
author of such Materials. In the event the Materials are not considered "works for hire" under the U.S.
Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials,
including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the
moment of creation of such Materials.
•
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. "Ownership" includes the right to copyright, patent,register and the ability to transfer
these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced
under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty -free, irrevocable
license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare
derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the
Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of
publicity, necessary to grant such a license to the Board.
The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials
furnished under this Contract, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Contract. The Contractor shall
provide the Board with prompt written notice of each notice or claim of infringement received by the
Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Contractor.
2.14. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subcontractors.
2.15. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be
resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who
may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Contractor's name, address, and Contract number; and
• be mailed to the Chair and the other party's (respondent's) Representative within three (3)
working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's
designee and the requestor within five (5) working days.
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The Chair or designee shall review the written statements and reply in writing to both parties within ten (10)
working days. The Chair or designee may extend this period if necessary by notifying the parties.
The decision shallnot be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.
Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in'addition to the dispute hearing procedure outlined above.
2.16. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
2.17. ETHICS/CONFLICTS OF INTEREST
In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service
Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of
interest.
2.18.GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
2.19. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of
Washington, the Board, all other agencies of the state and all officers, agents and employees of the state,
from and against all claims or damages for injuries to persons or property or death arising out of or incident
to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify,
defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or
any Subcontractor or its agents, employees, or representatives.
The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or
alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the
Board, the state of Washington, its officers, employees and authorized agents.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and
hold harmless the state and its agencies, officers, agents or employees.
2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of the
state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or
employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any
claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and
control of the work will be solely with the Contractor.
2.21. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of
its employees as may be required by law, the Board may collect from the Contractor the full amount
payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the
Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract,
and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance
Services. This provision does not waive any of L&I's rights to collect from the Contractor.
City of Yakima
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2.22. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policiesof local and state
and federal governments, as now or hereafter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264.
C. Disclosure -campaign finances -lobbying, Chapter 42.17 RCW.
D. Discrimination -human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Housing assistance program, Chapter 43.185 RCW
G. Interlocal cooperation act, Chapter 39.34 RCW.
H. Noise control, Chapter 70.107 RCW.
I. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02
WAC.
J. Open public meetings act, Chapter 42.30 RCW.
K. Prevailing wages on public works, Chapter 39.12 RCW.
L. Public records act, Chapter 42.56 RCW.
M. Relocation assistance - real property acquisition policy, Chapter 8.26 RCW.
N. Shoreline management act of 1971, Chapter 90.58 RCW.
O. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
P. State building code, Chapter 19.27 RCW and Energy-related building standards, Chapter 19.27A
RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW.
0. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and
Environmental Assistance Program, Washington State Department of Ecology.
R. State environmental policy, Chapter 43.21 C RCW.
S. State Executive Order 05-05 Archeological and Cultural Resources.
2.23. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this, Contract.
2.24. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation to be
made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive
any clause or condition of this Contract.
2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement strategies
designed to ensure access to services.
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2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal
to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the. Contractor may be declared ineligible for further contracts with the
Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance.
Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein.
2.27. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any
person for public office.
2.28. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply
with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by
this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and
"Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient
to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's
review upon request.
2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence under
this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or
other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project
costs.
2.30. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or the Board's name is mentioned, or language used from which the connection with the state
of Washington's or the Board's name may reasonably be inferred or implied, without the prior written
consent of the Board.
2.31. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws,
and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to
compensate the Board for the noncompliance in addition to any other remedies available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by the Board. In the alternative, the Board may recapture such funds from payments due under
this contract.
City of Yakima
PC 12-951-065
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Construction Loan Contract
9/6/2011
2.32. RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this
Contract and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Contract. Contractor shall retain such records for a period of six years
following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be
retained until all litigation, claims, or audit findings involving the records have been finally resolved.
2.33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
2.34. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor's performance under this Contract shall be subject
at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and
federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance,
and quality assurance under this Contract. The Contractor shall provide access to its facilities for this
purpose.
2.35. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Contract and prior to normal completion, the Board may terminate the Contract
under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of
termination, the Contract may be amended to reflect the new funding limitations and conditions.
2.36. SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without
the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of
this Contract and to this end the provisions of this Contract are declared to be severable.
City of Yakima
PC 12-951-065
Page 20 Contract Terms and Conditions
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2.37. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of the Board.
If the Board approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the
Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to
this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require
the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor
is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this
Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal
conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the
liability of the Contractor to the Board for any breach in the performance of the Contractor's duties.
Every subcontract shall include a term that the Board and the State of Washington are not liable for claims
or damages arising from a Subcontractor's performanceof the subcontract.
2.38. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall so
survive.
2.39. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or
• gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole
responsibility of the Contractor.
2.40.TERMINATION FOR CAUSE / SUSPENSION
In event the Board determines that the Contractor failed to comply with any term or condition of this
Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor.
Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the
notice.
In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which
to correct the non-compliance. During the corrective -action time period, the'Board may suspend further
payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under
this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate
the Contract upon written notice to the Contractor.
"Termination for Cause" shall be deemed a "Termination for Convenience" when the Board determines that
the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure
was not caused by the Contractor's actions or negligence.
If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law,
including, but not limited to, any cost difference between the original contract and the replacement contract,
as well as all costs associated with entering into the replacement contract (Le., competitive bidding, mailing,
advertising, and staff time).
City of Yakima
PC 12-951-065
Page 21 Contract Terms and Conditions
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2.41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is
so terminated, the Board shall be liable only for payment required under the terms of this Contract for
services rendered or goods delivered prior to the effective date of termination.
2.42. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall:
A. Stop work under the Contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract;
C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and subcontracts. Any attempt by the
Contractor to settle such claims must have the prior written approval of the Board; and
D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor's
possession as directed by the Board.
Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the
Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as
the Board reasonably determines is necessary to protect the Board against potential loss or liability
resulting from the termination. the Board shall pay any withheld amount to the Contractor if the Board later
determines that Toss or liability will not occur.
The rights and remedies of the Board under this section are in addition to any other rights and remedies
provided under this Contract or otherwise provided under law.
2.43. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such
in writing and signed by Authorized Representative of the Board.
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PC 12-951-065
Page 22 Contract Terms and Conditions
9/6/2011 Construction Loan Contract
ATTACHMENT 1: SCOPE OF WORK
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
City of Yakima
PC12-951-065
Project Title:
Yakima Wastewater Upgrades
A. PROJECT'S SCOPE OF WORK
The project's scope of work is comprised of the following activities:
This wastewater treatment plant improvement project will enhance Yakima River water quality
and reduce greenhouse gas emissions. Project costs include, but are not limited to, design
engineering, environmental review, permits, public involvement, bid documents, construction.
These improvements will allow this to meet Local, State, and Federal requirements.
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PC 12-951-065
Page 23
9/6/2011 Construction Loan Contract
B. ESTIMATED PROJECT COSTS
Cost Category
Amount
Engineering Report
$150,000.00
Cultural and Historical Resources Review
(Section 106 or Executive Order 05-05)
$0.00
Environmental Review
$15,000.00
Land/Right-of-Way Acquisition
$0.00
Permits
$50,000.00
Public Involvement/Information
$10,000.00
Bid Documents
$2,566,923.00
Construction
$8,738,100.00
Other Fees (Sales or Use Taxes)
$717,792.00
Contingency: 15.00%
$1,310,715.00
Other: Ecology SRF Loan, Engineering
Plan
$0.00
Other: Local Revenue, Wastewater Rights
$0.00
Other:
$0.00
Other:
$0.00
TOTAL ESTIMATED PROJECT COSTS
$13,558,530.00
City of Yakima
PC 12-951-065
Page 24
9/6/2011 Construction Loan Contract
C. ANTICIPATED PROJECT FUNDING
Grant #1
Ecology SRF 50% Principal
Forgivable Loan
$503,558.00
Grant #2
Ecology SRF 50% Principal
Forgivable Loan
$1,875,707.00
Grant #3
Total Grants
$0.00
$2,379,265.00
Non -Match Loan #1
Non -Match #2
Total Prior PWTF PreConstruction Loans
This PWTF Loan Request
Public Works Board
Other Loan #1
Ecology SRF Loan
Other Loan #2
Other Loan #3
Ecology SRF Loan
Total Loans
Local Revenue #1
Wastewater Rates
Local Revenue #2
Local Revenue #3
Local Revenue #4
Local Revenue #5
Total Local Revenue
Other Funds #1
Bonds
Other Funds #2
Total Other Funds
TOTAL PROJECT
FUNDING
0.00
0.00
0.00
$5,000,000.00
$503,558.00
$1,875,707.00
$0.00
$7,379,265.00
$2,000,000.00
$0.00
$0.00
$0.00
$0.00
$2,000,000.00
$1,800,000.00
$0.00
$1,800,000.00
$13,558,530.00
City of Yakima
PC 12-951-065
Page 25
9/6/2011
Construction Loan Contract
ATTACHMENT II: ATTORNEY'S CERTIFICATION
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
City of Yakima
PC12-951-065
, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the City of Yakima (the Contractor); and
I have also examined any and all documents and records which are pertinent to the Contract,
including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The Contractor 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 Contractor is empowered to accept the Public Works Trust Fund financial assistance
and to provide for repayment of the loan as set forth in the Contract.
3. 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 Contractor from
repaying the Public Works Trust Fund loan extended by the Public Works Board with
respect to such project. The Contractor is not a party to litigation which will materially affect
its ability to repay.such loan on the terms contained in the Contract.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the Contractor.
Signa
A''-
VAey
Name
.2-45c) S. 3.4 s -r,
Address
9-21- �l
Date
A, IJIA- 98901
City of Yakima
PC12-951-065
Page 26
9/6/2011 Construction Loan Contract
Washington State
Public Works Board
1011 Plum Street SE
Post Office Box 42525
Olympia, Washington 98504-2525
DATE:
August 29, 2011
SUBJECT: 2012 Public Works Trust Fund Construction Contract - Local Match
The 2012 Public Works Trust Fund Construction Contract changes the manner in which local match, the
"share" contributed by clients towards the total project cost, is addressed.
Section 1.9 Local Matching Share and Eligible Project Costs identifies a specific dollar amount, based on the
negotiated project budget, as the Contractor's local matching share.
This dollar amount is subject to change during the contract close"out process.
The close out process occurs once the project is finished and the time of performance has ended.
Status at time of project close out (end of time of performance)
Non -d
istressed entities' local match minimum will be 5 percent of total eligi
F Local Match Funding Interest Rate
5%
2%
10%
1%
15%
0.5%
The greater the local match, the lesser the interest rate.
ble project costs.
If your project qualifies for the incentives outlined in Section 1.11, then the following adjustments to either
the interest rate, or term, would apply:
Time of Performance Adjustment to Rate or Term
60 Months
No changes
48 Months
Decrease rate by
0.25%*
or
—
Increase term by
24 months**
36 Months
Decrease rate by
0.50%*
or
Increase term by
60 months**
* At no point in time shall the minimum loan interest rate be less than 0.25%.
** The final loan term may not exceed the life of the asset.
Economically distressed entities are defined as follows:
51%, or more, of the entities' population household income is at, or below 80% of the County Median
Household Income.
Severely economically distressed entities are defined as follows:
51%, or more, of the entities' population household income is at, or below 50% of the County Median
Household Income.
Administrative services provided by the Washington State Department of Commerce
(360) 725-3150 Fax (360) 586-8440 www.pwb.wa.gov
Page 2 of 2
There are four methods to qualify for distressed, or severely distressed, status:
1) US 2000 Census Data (http://censtats.census.gov/pub/Profiles.shtml)
2) Most recent income survey documented since US 2000 Census from federal infrastructure programs
(USDA, CDBG, RCAC, and DWSRF).
Survey must encompass the entire jurisdiction that meets the PWTF distressed criteria.
3) An income survey taken after US 2000 Census that meets the minimum criteria set forth in the PWTF
Income Survey instructions.
4) For county governments seeking distressed status under the PWTF criteria:
a) The statewide non -metropolitan average MHI may be applied (2000 Census @ $47,479.00).
b) Use the Washington State Office of Financial Management (OFM) Income Projection for the year of
application. Please visit http://www.ofm.wa.gov/economy/hhinc/default.asp.
For questions regarding these loan terms, please contact your Client Service Representative.
Copies of this memo will be affixed to both the executed contract you receive as well as the executed
contract retained by the Public Works Board.
Board staff will continue to work with the Contracts Administration Unit throughout the life of your project
to ensure the highest quality standards of customer service are retained.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000
711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341
RECEIVED
CITY OF YAKIMA
APR 2 2 2011
OFFICE OF CITY MANAGER
April 20, 2011
Dick Zais, City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Re: Yakima POTW Energy Efficiency Project
State Revolving Fund
Ecology Agreement No. L1100008
Dear Mr. Zais:
I am pleased to inform you that the loan agreement for Yakima's POTW Energy Efficiency Project
has been signed. A signed original of the agreement is enclosed for your project files and future
reference.
We appreciate this opportunity to assist you with financial and technical assistance. Ecology's Water
Quality Program staff in our Central Regional Office and Lacey are available to assist you with your
proj ect.
If you have any questions or need additional information, please call Sanjay Barik, Ecology's project
manager, at 509.454-4247 or Bill Hashim, Ecology's financial manager, at 360 407-6549.
Sincerely,
K- y Susewind, P.E., P.G.
Water Quality Program Manager
KS:BH:mb
Enclosure
cc: Ryan Anderson, City of Yakima
Sanjay Barik, Ecology/WQP/CRO
Bill Hashim, Ecology/WQP-FMS
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
Table of Contents
Page
PART I. GENERAL INFORMATION 3
PART II. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT 6
PART III. PROJECT SUMMARY 6
PART IV. PROJECT BUDGET 7
PART V. SCOPE OF WORK 7
PART VI. LOAN INTEREST RATE AND TERMS 12
PART VII. ALL AGREEMENTS CONTAINED HEREIN 12
ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL 1
ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION 2
ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS REQUESTING
FEDERAL ASSISTANCE 2
ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE WASHINGTON STATE
WATER POLLUTION CONTROL REVOLVING FUND 1
ACCOUNTING STANDARDS 1
ADJUSTED CONSTRUCTION BUDGET 1
AUTHORITY 1
CERTIFICATIONS 1
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR
VOLUNTARY EXCLUSION 2
COMMENCEMENT OF WORK 3
Page 1
COVENANTS AND AGREEMENTs 3
DISADVANTAGED BUSINESS ENTERPRISE 4
FACILITIES PROJECTS: DELIVERABLES (IF APPLICABLE) 7
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACY (FFATA) 8
GROWTH MANAGEMENT PLANNING 8
INCREASED OVERSIGHT 9
LOAN REPAYMENT 9
MODIFICATIONS TO AGREEMENT 11
PAYMENT REQUEST SUBMITTALS 11
POST PROJECT ASSESSMENT SURVEY 12
PREVAILING WAGE 12
PROCUREMENT 12
PROGRESS REPORTS 13
REPRESENTATIONS AND WARRANTIES 13
SEWER -USER FEE ORDINANCES AND USER -CHARGE SYSTEM 14
SIGNAGE 14
SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS) 15
TERMINATION AND DEFAULT; REMEDIES 15
ATTACHMENT 5: AGREEMENT DEFINITIONS 2
ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN
AGREEMENTs OF THE DEPARTMENT OF ECOLOGY 2
ATTACHMENT 7: WATER QUALITY PROGRAM MONTHLY PROGRESS REPORT FORM AND FINANCIAL
MANAGEMENT POST PROJECT ASSESSMENT SURVEY 2
ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE 1
Page 2
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
FOR
YAKIMA POTW ENERGY EFFICIENCY PROJECT
THIS is a binding LOAN agreement entered into by and between the state of Washington
Department of Ecology [DEPARTMENT] and City of Yakima [RECIPIENT]. The purpose of this
LOAN agreement is to provide funds to the RECIPIENT to carry out the activities for the project
[PROJECT] described in this LOAN agreement.
This LOAN agreement consists of 14 pages and 8 attachments.
Capitalized terms used, but not otherwise defined, in this LOAN agreement are defined in
- ATTACHMENT 5.
PART I. GENERAL INFORMATION
PROJECT Title:
PROJECT Period:
LOAN Number(s):
Standard Interest LOAN Amount:
Interest Rate:
LOAN Term:
Forgivable Principal Amount:
Total LOAN Amount:
(Loan + Forgivable Principal)
State Fiscal Year:
RECIPIENT Information
RECIPIENT Name:
Mailing Address:
Yakima POTW Energy Efficiency Project
Effective Date:
Completion Date:
L1100008
$503,558
2.8%
20 Years
$503,558
$1,007,116
2011
Page 3
City of Yakima
2220 East Viola,
Yakima, WA 98901
June 30, 2013
FEDERAL TAXPAYER ID NUMBER:
PROJECT Contact:
PROJECT Manager:
Email Address:
Phone Number:
Fax Number:
Address:
Ecology Project Contact Information
PROJECT Manager:
Email Address:
Phone Number:
Fax Number:
Address
Financial Manager:
Email Address:
Phone Number:
Fax Number:
Address
Funding Source(s) for This LOAN agreement:
91-6001293
Ryan Anderson
Ryan Anderson
rcanders@ci.yakima.wa.us
(509) 249-6813
(509)575-6116
City of Yakima
2220 East Viola,
Yakima, WA 98901
Sanjay Barik
sanjay.barik@ecy.wa.gov
(509)454-4247
(509)575-2809
WA State Department of Ecology
Central Regional Office
15 West Yakima Ave, Suite 200
Yakima, WA 98902-3452
Bill Hashim
bhas461@ecy.wa.gov
(360)407-6549
(360) 407-7151
WA State Department of Ecology
Water Quality Program, FMS
P.O. Box 47600
Olympia, WA 98504-7600
Federal Portion of Revolving Fund: ❑ Yes (Catalog of Federal Domestic Assistance Number 66.458) ® No
Revolving Fund Amount (federal monies):
(Federal funding for this LOAN agreement is provided for from Capitalization Grants and state
match for Clean Water State Revolving Funds; Environmental Protection Agency, Office of
Water)
State Portion of Revolving Fund: ® Yes ❑ No
Revolving Fund Amount (state monies): $1,007,116
Specific Funding Sources:
Loan for Green Project Reserves
Page 4
® Yes ❑ No
Amount: $503,558
Forgivable Principal Subsidy for Green Project Reserves ® Yes ❑ No
Amount: $503,558
Loan for Hardship
Amount: $
Forgivable Principal Subsidy
Amount: $
Loan for Non -Hardship
Amount $
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
State Centennial Loan Funds: ❑ Yes ® No $
GENERAL LOAN INFORMATION:
Increased Oversight: ❑ Yes ® No
Useful life of the PROJECT: 20 Years
PROJECT TYPE: Check all that apply
Facilities Project: ® Yes ❑ No Activities Project: ❑ Yes ® No
Green Project Reserves: ® Yes ❑ No
LOAN SECURITY: Check all that apply
Does this LOAN agreement and the LOAN to be made constitute Revenue Secured Lien Obligation
of the RECIPIENT: ❑ Yes ® No
Does this LOAN agreement and the LOAN to be made constitute a general obligation debt of the
RECIPIENT or the state of Washington: ® Yes ❑ No
Does this LOAN agreement and the LOAN to be made constitute a valid general obligation of the
RECIPIENT payable from special assessments: ❑ Yes ® No
Is this LOAN secured with dedicated revenue through a Tribal Governmental Enterprise:
❑ Yes ®No
IMPORTANT DATES:
Estimated Project Start Date:
Initiation of Operation (IO): ® Yes ❑ No IO Date: March 31, 2013
Page 5
Project Completion Date: June 30, 2013
Prior Authorization: ❑ Yes ® No If yes, Effective Date:
Interim Refinance: ❑ Yes ® No If yes, Effective Date:
Post Project Assessment Date (see Part IV and ATTACHMENT 4): July 1, 2016
LOAN agreement Effective Date:
The effective date of this LOAN agreement is the date this LOAN agreement is signed by the
DEPARTMENT'S Water Quality Program Manager. Any work performed prior to the effective
date of this LOAN agreement, without written Prior Authorization or Interim Refinance approval
from the DEPARTMENT, will be at the sole expense and risk of the RECIPIENT.
PART II. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT
(see Important Dates in Part I and Post Project Assessment in Attachment 4)
A. Financial Assistance Water Quality Project Goals: One or more of the selected following
goals apply to this project:
❑ Severe Public Health Hazard or Public Health Emergency eliminated.
® Designated beneficial uses will be restored or protected, 303(d) -Listed water bodies
restored to water quality standards, and healthy waters prevented from being degraded.
❑ Regulatory compliance with a consent decree, compliance orders, TMDL or waste load
allocation achieved.
B. Water Quality and Energy Efficiency Project Outcomes: The following are quantitative
results anticipated from the project.
a. Increase methane gas production between 10 and 20%.
b. Reduce Class B bio -solids production at least by 1500 tons per year after the project
construction is completed.
c. Reduce minimum 1.4 million kilowatt hours of electrical consumption per year after the
project construction is completed.
C. Environmental Mitigation: ❑ Yes ® No If Yes, list the environmental mitigation
measures:
PART III. PROJECT SUMMARY
This design and construction PROJECT will first analyze methane gas generation to address
existing and future onsite power needs. Utilizing methane gas production will reduce the need to
augment fuel for boiler and dryer operations with diesel and natural gas, eliminate wasting of
methane and ultimately reduce electrical consumption.
Page 6
This scope of work will accomplish analysis of methane production, and design and construction of
new boilers. Even though all tasks outlined in this scope of work are part of the RECIPIENTS
overall energy efficient project, the design and installation of anaerobic digesters and bio -solids
dryer will be implemented as additional funds become available.
PART IV. PROJECT BUDGET
Elements (Tasks)
Total
PROJECT
Cost
Total Eligible
PROJECT
Cost
LOAN
AMOUNT
FORGIVABLE
PRINCIPAL
1. Project Administration and
Management
$0
$0
$0
$0
2. Bio -gas Analysis
$400,000
$400,000
$0
$0
3. Design and Construct Grease
Receiving Station
$305,372
$305,372
$0
$0
4. Design and Install New Boilers
$1,398,559
$1,398,559
$503,558
$503,558
5. Design and install high or
medium rate anaerobic
digester(s) for high strength
wastewater
$7,145,000
$0
$0
$0
6. Design and Install a biogas fired
Bio -solids Dryer
$2,352,855
$2,352,855
$0
$0
Total
$11,601,786
$4,456,786
$503,558
$503,558
1. The DEPARTMENT'S Fiscal Office will track to the total eligible Revolving Fund LOAN amount.
However, the RECIPIENT cannot deviate among elements without DEPARTMENT approval.
2. RECIPIENT will be required to fill out separate B2s for each of the funding categories.
3. The DEPARTMENT will amend the project budget to reflect the low responsive responsible bidder.
See PART V(a) SPECIAL TERMS AND CONDITIONS number 3.
4. Other Funding Sources: ® Yes (if Yes, list sources and amounts) ❑ No
Local Funds -- $10,594,670
PART V. SCOPE OF WORK
Task 1 - Project Administration/Management
A. The RECIPIENT will administer the PROJECT. Responsibilities will include, but
not be limited to: maintenance of PROJECT records; submittal of payment
vouchers, fiscal forms, and progress reports; compliance with applicable
procurement, contracting, and interlocal agreement requirements; attainment of all
required permits, licenses, easements, or property rights necessary for the PROJECT;
Page 7
and submittal of required performance items.
B. The RECIPIENT will manage the PROJECT. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every
effort will be made to maintain effective communication with the RECIPIENT's
designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and
any interested individuals or groups. The RECIPIENT will carry out this PROJECT
in accordance with any completion dates outlined in this LOAN agreement.
Required Performance:
1. Effective administration and management of this PROJECT.
2. Timely submittal of all required performance items, progress reports, and financial
vouchers.
Task 2 - Biogas Analysis
A. The RECIPIENT will develop gas production capabilities for the baseline condition as
well as various alternative inputs into existing anaerobic digesters. Potential gas
quantities that would come from a waste grease receiving station and industrial waste
processes will also be developed.
B. The RECIPIENT will develop a heat balance on existing and future anaerobic digestion
system to develop the baseline need. RECIPIENT will also include any other existing
uses of heat from the digestion system such as building heat throughout the plant or hot
water flushing elsewhere.
C. The RECIPIENT will provide calculation on the excess gas, recommend uses of any
excess gas, and identify gas needs for fueling a dryer for Class "A" bio -solids.
D. The RECIPIENT will write a technical report on biogas analysis with recommendations
how the information will be used on the wastewater treatment facility energy
management planning.
E. Based upon the technical report, RECIPIENT will document energy savings by using
POTW methane produced gas versus traditional sources of power.
Required Performance:
1. The RECIPIENT will submit a technical report to the DEPARTMNET by June 30, 2012,
the biogas analysis with recommendations.
2. Documented energy savings using methane gas production.
Task 3 — Design and construction of Grease Receiving Station
A. The RECIPIENT will hire engineering services to plan, design, and provide construction
oversight ,for a grease receiving facility for increasing methane gas production. The
increased methane gas produced will be used in conjunction with the biogas analysis for
energy planning.
Page 8
B. The RECIPIENT will develop preliminary conceptual design for a waste grease
receiving facility. The RECIPIENT will finalize the conceptual design and develop cost
estimates for equipment installation and O&M based on the agreed upon design criteria.
C. After the conceptual design has been reviewed, the RECIPIENT will develop a detailed
design that will include structural and mechanical designs for the grease receiving
facility. The RECIPIENT will incorporate mechanical designs with the electrical power
and control systems integrated into the facilities data control systems. The RECIPIENT
will develop design documents suitable for solicitation of bids.
D. The RECIPIENT will submit the design to the DEPARTMENT for the approval.
E. The RECIPIENT will hire a contractor to construct waste grease receiving station and
associated engineering services per the approved design and specification.
Required Performance:
1. The RECIPIENT will submit final design for waste grease receiving facility to the
DEPARTMENT for approval.
2. The RECIPIENT will construct and install waste grease receiving station per the
approved design and specification.
Task 4: Design and install new boilers
A. The RECIPIENT will hire engineering services to plan, design, and install new boilers.
Water heat from the boilers will be used to heat the digesters and WWTP buildings
through existing plumbing infrastructure.
B. The RECIPIENT will develop preliminary conceptual design for boilers and will finalize
the conceptual design and develop cost estimates for equipment installation and O&M
based on the agreed upon design criteria.
C. After the conceptual design has been reviewed, the RECIPIENT will develop a detailed
design that will include structural and mechanical designs for the boilers. The
RECIPIENT will incorporate 'mechanical designs with the electrical power and control
systems integrated into the facilities data control systems. The RECIPIENT will develop
design documents suitable for solicitation of bids.
D. The RECIPIENT will submit the design to the DEPARTMENT for the approval.
E. The RECIPIENT will hire a contractor to construct and install boilers and associated
engineering services per the approved design and specification.
Required Performance:
1. The RECIPIENT will submit final design for the boilers to the DEPARTMENT for
approval.
2. The RECIPIENT will construct and install new boilers per the approved design and
specification
Page 9
Task 5: Design and install fast rate (USSB or EGSB) or medium rate (CSTR) anaerobic
treatment system for treatment of high strength industrial waste and biogas production
RECIPIENT will implement this task after additional funds become available.
A. The RECIPIENT will hire engineering services to plan, design, and install new
anaerobic reactor system for high strength food process wastewater to produce additional
methane gas used for heating plant processes and augmenting onsite energy
requirements.
B. The RECIPIENT will develop preliminary conceptual design for the anaerobic reator
systems and will finalize the conceptual design and develop cost estimates for equipment
installation and O&M based on the agreed upon design criteria.
C. After the conceptual design has been reviewed by the DEPARTMENT, the RECIPIENT
will develop a detailed design that will include structural and mechanical designs for the
systems. The RECIPIENT will incorporate mechanical designs with the electrical power
and control systems integrated into the facilities data control systems. The RECIPIENT
will develop design documents suitable for solicitation of bids.
D. The RECIPIENT will submit the design to the DEPARTMENT for approval.
E. The RECIPIENT will hire a contractor to construct and install the anaerobic system and
associated engineering services per the approved design and specification.
Required Performance:
1. The RECIPIENT will submit final design for the anaerobic system to the
DEPARTMENT for approval.
2. The RECIPIENT will construct and install new anaerobic system per the approved
design and specification
Task 6: Design and install a bio -solids dryer
RECIPIENT will implement this task after additional funds become available.
A. The RECIPIENT will hire engineering services to plan, design, and install a new bio -
solids dryer of capacity to reduce minimum 8,500 tons of class B bio -solids to
approximately 1,800 tons of Class A bio -solids.
B. The RECIPIENT will develop preliminary conceptual design for the new bio -solids
dryer and will finalize the conceptual design and develop cost estimates for equipment
installation and O&M based on the agreed upon design criteria.
C. After the conceptual design has been reviewed, the RECIPIENT will develop a detailed
design that will include structural and mechanical designs for the bio -solids dryer. The
RECIPIENT will incorporate mechanical designs with the electrical power and control
systems integrated into the facilities data control systems. The RECIPIENT will develop
design documents suitable for solicitation of bids.
Page 10
D. The RECIPIENT will submit the design to the DEPARTMENT for the approval.
E. The RECIPIENT will hire a contractor to construct and install bio -solids dryer and
associated engineering services per the approved design and specification.
Required Performance: --
1. The RECIPIENT will submit final design for the bio -solids dryer to the
DEPARTMENT for approval.
2. The RECIPIENT will construct and install a new bio -solids dryer per the approved
design and specification.
PART V(a). SPECIAL TERMS AND CONDITIONS
1. Prevailing Wage (Davis -Bacon Act) -- The RECIPIENT agrees to comply with the Davis -
Bacon Act wage requirements. This applies to projects funded directly by or assisted in whole
or in part with assistance from the State Revolving Fund as authorized by Section 513, title VI
of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics
employed by contractors and subcontractors will be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of
Labor. The RECIPIENT is also subject to the Washington State prevailing wage law, Chapter
39.12 RCW Prevailing Wages on Public Works. -To obtain the state prevailing wage rates,
contact the Washington State Department of Labor and Industries. A special EPA Davis -Bacon
insert must be included in all construction contracts. The DEPARTMENT's Project Manager
will provide the insert.
2. Use of Force Account. In the event the RECIPIENT elects to use its own forces to accomplish
eligible project work, the RECIPIENT acknowledges that it has the legal authority to perform
the work, adequate and technically qualified staff to perform the work without compromising
other government functions. All force account work must be approved by the DEPARTMENT.
3. Adjusted Construction Budget. The construction budget will be adjusted once actual
construction bids are received. If the low responsive responsible construction bid(s) exceed the
engineer's estimate of construction costs, the DEPARTMENT may approve, through formal
amendment to this agreement, funding increases for up to ten percent of the engineer's original
estimate, subject to availability of funds.
If the low responsive responsible construction bid(s) come in lower than the engineer's estimate
of construction costs, the DEPARTMENT will reduce the total loan amount accordingly. The
DEPARTMENT may also approve, through formal amendment to this agreement, funding for
change orders for up to five percent of the eligible portion of the low responsive responsible
construction bid(s).
4. Scope of Work Amendments. PART V. SCOPE OF WORK represents the final negotiated
agreement between the DEPARTMENT and the RECIPIENT. No other changes will be made
to the required performance with the exception of dates for the completion and Initiation of
Operation, and budget realignment.
Page 11
PART VI. LOAN INTEREST RATE AND TERMS
Source and Availability; LOAN Amounts; LOAN Terms
This LOAN agreement will remain in effect until the date of final repayment of the LOAN, unless
terminated earlier according to the provisions herein.
Subject to all of the terms, provisions, and conditions of this LOAN agreement, and subject to the
availability of funds, the DEPARTMENT will loan to the RECIPIENT the sum of one million
seven thousand one hundred sixteen dollars ($1,007, 116). Of this amount five hundred three
thousand five hundred fifty eight dollars ($503,558) is Forgivable Principal and therefore will not
be required to be repaid. The remaining five hundred three thousand five hundred fifty eight dollars
($503,558) is in the form of loan.
When the PROJECT Completion Date has occurred, the DEPARTMENT and the RECIPIENT will
execute an amendment to this LOAN agreement which details the final LOAN amount (Final
LOAN Amount), and the DEPARTMENT will prepare a final LOAN repayment schedule, in the
form of ATTACHMENT 8. The Final LOAN Amount will be the combined total of actual
disbursements made on the LOAN and all accrued interest to the computation date.
The Estimated LOAN amount and the Final LOAN amount (in either case, as applicable, a "LOAN
Amount") will bear interest at the rate of 2.8 percent per annum, calculated on the basis of a 365
day year. Interest on the Estimated LOAN Amount will accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final LOAN Amount will
be repaid in equal installments semiannually over a term of 20 years, as provided in ATTACHMENT
8.
PART VII. ALL AGREEMENTS CONTAINED HEREIN
The RECIPIENT will ensure this project is completed according to the details of this LOAN
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project -related work, if approved by the
DEPARTMENT.
The following contain the entire understanding between the parties, and there are no other _
understandings or representations other than as set forth, or incorporated by reference, herein:
• This LOAN agreement
• ATTACHMENT 1:
• ATTACHMENT 2:
• ATTACHMENT 3:
• ATTACHMENT 4:
• ATTACHMENT 5:
• ATTACHMENT 6:
• ATTACHMENT 7:
Survey
• ATTACHMENT 8:
Opinion of RECIPIENT's Legal Counsel
Authorizing Ordinance or Resolution
Preaward Compliance Review Report for All Applicants Requesting Federal
Assistance
General Project Management Requirements
Agreement Definition
LOAN General Terms and Conditions (Pertaining to Grant and Loan
Agreements) of the Department of Ecology
Water Quality Program - Financial Management Post Project Assessment
Estimated LOAN Repayment Schedule
Page 12
• The effective edition, at the signing of this LOAN agreement, of the DEPARTMENT's
"Administrative Requirements for Ecology Grants and Loans"
• The associated funding guidelines that correspond to the Fiscal Year in which the project is
funded
• The applicable statutes and regulations
• As a subrecipient of federal funds, the RECIPIENT must comply with the following federal
regulations:
OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations
OMB Circular A-133, Compliance Supplement
OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments
OMB Circular A-102, Uniform Administrative Requirements
• The following is applicable for facilities projects:
• Declaration of Construction - Form ECY 040-2-28(b)
• RECIPIENT's legislation (ordinance for cities, towns, and applicable charter counties;
resolution for others) adopting the Utility system or plan, or system or plan of additions and
betterments to and extensions of the Utility (in the case of cities and towns), or
comprehensive plan, or comprehensive plan amendment, relating to the PROJECT
• Facilities Plan Approval Letter (where applicable) and any amendments
• Plans and Specifications Approval Letter (where applicable) and any amendments
• State Environmental Review Process (SERP) Environmental Information Document
No changes, additions, or deletions to this LOAN agreement will be authorized without a formal
written amendment, EXCEPT that in response to a request from the RECIPIENT, the
DEPARTMENT may redistribute the loan budget. The DEPARTMENT or the RECIPIENT may
change their respective staff contacts without the concurrence of either party.
By signing this LOAN agreement, the RECIPIENT acknowledges that opportunity to thoroughly
review the terms of this LOAN agreement, the attachments, all incorporated or referenced
documents, as well as all applicable statutes, rules, or guidelines mentioned in this LOAN
agreement was given.
IN WITNESS WHEREOF, the DEPARTMENT and the RECIPIENT have executed this LOAN
agreement as of the dates set forth below, to be effective as provided above.
STATE OF WASHINGTON CITY OF YAKIMA
DEPARTMENT OF ECOLOGY
LSEWIND, P.E. P.G. DATE R. A. ZA Jr. AT
W ER QUALITY PROGRAM MANAGER CITY MANAGER
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(October 29, 2009)
Page 13
ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL
I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney
of City of Yakima, and I have examined any and all documents and records pertinent to the LOAN
agreement.
Based on the foregoing, it is my opinion that:
A. The RECIPIENT is a duly organized and legally existing municipal corporation or
political subdivision under the laws of the state of Washington or a federally recognized
Indian tribe;
B. The RECIPIENT has the power and authority to execute and deliver and to perform its
obligations under the LOAN agreement;
C. The LOAN agreement has been duly authorized and executed by RECIPIENT's
authorized representatives and, to my best knowledge and after reasonable investigation,
all other necessary actions have been taken to make the LOAN agreement valid, binding,
and enforceable against the RECIPIENT in accordance with its terms, except as such
enforcement is affected by bankruptcy, insolvency, moratorium, or other laws affecting
creditors' rights and principles of equity if equitable remedies are sought;
D. To my best knowledge and after reasonable investigation, the LOAN agreement does not
violate any other agreement, statute, court order, or law to which the RECIPIENT is a
party or by which it or its properties are bound;
E. There is currently no litigation seeking to enjoin the commencement or completion of the
PROJECT or to enjoin the RECIPIENT from entering into the LOAN agreement or from
accepting or repaying the LOAN. The RECIPIENT is not a party to litigation which will
materially affect its ability to repay such LOAN on the terms contained in the LOAN
agreement; and
F. The LOAN, agreement constitutes a valid general obligation of the RECIPIENT payable
from annual ad valorem taxes to be levied within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all of the
taxable property within the boundaries of the RECIPIENT.
Capitalized terms used herein will have the meanings ascribed thereto in the LOAN agreement
between the RECIPIENT and the DEPARTMENT.
3/3l/II
REC s Legal Counsel Date
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ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION
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A RESOLUTION
RESOLUTION NO. R-2010-52
authorizing the City Manager to execute documents and agreements.
pursuant to a loan and grant offer from the Department of Ecology of
50% principle forgiveness loan totaling $1 million and to a loan
application to the Washington Public Works Trust Fund (PWTF) for $5
million.
WHEREAS, the City of Yakima has developed and adopted a plan for wastewater
collection and treatment 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 was developed in accordance with the requirements of WAC 173-
240; and
WHEREAS, the plan identifies facilities and systems required to be constructed,
improved and rehabilitated at the Yakima Wastewater Treatment Facility that address present
and future growth and mandated (regulatory and renewal/safety) requirements; and
WHEREAS, the Washington State Public Works Fund has made low interest loan funds.
available for sanitary sewer construction projects; and
WHEREAS; the cost of construction of the Wastewater Treatment Facilities are eligible
for Washington State Public Works Trust Fund loan financing; and
WHEREAS, a 50% principle forgiveness loan offer for approximately $1 million to fund a
portion of this project was received from the Department of Ecology; and
WHEREAS, another $5 million is required to fund this project; and
WHEREAS, the amount of local match funds provided will allow the City a generous
interest rate of 0.5% on the $5 million loan; and _
WHEREAS, it is necessary that pertain conditions be met as part of the application
process; and
WHEREAS, RCW 43.155.060 requires that the project will be advertised for competitive
bids and administered according to standard local procedure; and
WHEREAS, the loan will not exceed the maximum amount allowed by the Board of
eligible costs incurred for the project; and
WHEREAS, any loan arising from this application constitutes a debt to be repaid, and
Max Linden, Wastewater Division Utility Engineer has reviewed and concluded it has the
necessary capacity to repay such a loan; and
WHEREAS, the information provided in this application is true and correct to the best of
the government's belief and knowledge and it is understood that the state may verify
information, and that untruthful or misleading information may be cause for rejection of this
application or termination of any subsequent loan agreement(s); and
NOW THEREFORE, the City of Yakima certifies that it meets these requirements, and
further that it intends to enter into a loan agreement with the Department of Ecology State
Revolving fund and loan agreement with the Public Works Board, provided that the terms and
conditions for a State Revolving Fund and Public Works Trust Fund agreement are satisfactory
to all parties; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute all. applicable documents and agreements
pursuant to a 50% principle forgiveness loan offer from the Department of Ecology totaling $1
million and to a loan application to the Washington Public Works Trust Fund for $5 million.
ADOPTED BY THE CITY COUNCIL this 4th of May, 2010.
ATTEST:
Micah Cawley, Mayor
City Clerk
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ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS
REQUESTING FEDERAL ASSISTANCE
Form available electronically at: http://www.epa.gov/oqd/forms/forms.htm
(Super crosscutter: required for all loans, except Centenniall•
Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance Note: Read
instructions on page two of this attachment.
I. Applicant/Recipient (Name, Address, State, Zip Code).
DUNS No.
II. Is the applicant currently receiving EPA assistance?
III. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color,
national origin, sex, age, or disability. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse
side.)
IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipient within the last year that allege discrimination
based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not
include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.)
V: List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review
and any decisions, orders, or AGREEMENTs based on the review. Please describe any corrective action taken. (40 C.F.R. § 7.80(c)(3))
VI. Is the applicant requesting EPA assistance for new construction? If no, proceed to VII; if yes, answer (a) and/or (b) below. _ a. If the grant is
for new construction, will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by
persons with disabilities? If yes, proceed to VII; if no, proceed to VI(b).b. If the grant is for new construction and the new facilities or alterations to
existing facilities will not be readily accessible to and usable by persons with disabilities, explain how a regulatory exception (40 C.F.R. § 7.70) applies.
VII.* Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, sex, age,
or disability in its programs or activities? (40 C.F.R. § 5.140 and § 7.95) _ a. Do the methods of notice accommodate those with impaired vision or
hearing? b. Is the notice posted in a prominent place in the applicant's offices or facilities or, for education programs and activities, in appropriate
periodicals and other written communications? c. Does the notice identify a designated civil rights coordinator? •
VIII.* Does the applicant/recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40
C.F.R. § 7.85(a))
IX.* Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English proficiency? (40 C.F.R.
Part 7, E.O. 13166)
X.* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee to coordinate its
compliance with 40 C.F.R. Parts 5 and 7? Provide the name, title, position, mailing address, e-mail address, fax number, and telephone number of the
designated coordinator.
XI* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the
prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 7? Provide a legal citation or Internet address for, or a copy of,
the procedures. _
For the Applicant/Recipient _ I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. I
acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I
w' Ily comply with all applicable civil rights statutes and EPA regulations.
`C
A. Signature of Au ize Official
t� d O
B. Tit e of horized O ial
3\��`
C. Date ` \\
For the U.S. Environmental Protection Agency _ I have reviewed the information provided by the applicant/recipient and hereby certify that the
applicant/recipient has submitted all preaward compliance information required by 40 C.F.R. Parts 5 and 7; that based on the information submitted, this
application satisfies the preaward provisions of 40 C.F.R. Parts 5 and 7; and that the applicant has given assurance that it will fully comply with all
applicable civil rights statutes and EPA regulations.
A. Signature of Authorized EPA Official _ See * * note on
reverse side.
B. Title of Authorized EPA Official
C. Date
Page 2 of ATTACHMENT 3
General
Recipients of Federal financial assistance from the U.S.
Environmental Protection Agency must comply with the following
statutes and regulations.
Title VI of the Civil Rights Acts of 1964 provides that no person in
the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity
receiving Federal financial assistance. The Act goes on to explain
that the statute shall not be construed to authorize action with respect
to any employment practice of any employer, employment agency, or
labor organization (except where the primary objective of the Federal
financial assistance is to provide employment).
Section 13 of the 1972 Amendments to the Federal Water Pollution
Control Act provides that no person in the United States shall on the
ground of sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under the Federal Water
Pollution Control Act, as amended. Employment discrimination on.
the basis of sex is prohibited in all such programs or activities.
Section 504 of the Rehabilitation Act of 1973 provides that no
otherwise qualified individual with a disability in the United States
shall solely by reason of disability be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
Employment discrimination on the basis of disability is prohibited in
all such programs or activities.
The Age Discrimination Act of 1975 provides that no person on the
basis of age shall be excluded from participation under any program
or activity receiving Federal financial assistance. Employment
discrimination is not covered. Age discrimination in employment is
prohibited by the Age Discrimination in Employment Act
administered by the Equal Employment Opportunity Commission.
Title IX of the Education Amendments of 1972 provides that no
person in the United States on the basis of sex shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any education program or activity receiving
Federal financial assistance. Employment discrimination on the basis
of sex is prohibited in all such education programs or activities. Note:
an education program or activity is not limited to only those
conducted by a formal institution.
40 C.F.R. Part 5 implements Title IX of the Education Amendments
of 1972.
40 C.F.R. Part 7 implements Title VI of the Civil Rights Act of 1964,
Section 13 of the 1972 Amendments to the Federal Water Pollution
Control Act, and Section 504 of The Rehabilitation Act of 1973.
The Executive Order 13166 (E.O. 13166) entitled; "Improving
Access to Services for Persons with Limited English Proficiency"
requires Federal agencies work to ensure that recipients of Federal
financial assistance provide meaningful access to their LEP
applicants and beneficiaries.
FORM Approved By OMB: No. 2030-0020 Expires 04-30-2012
Items
"Applicant" means any entity that files an application or unsolicited
proposal or otherwise requests EPA assistance. 40 C.F.R. §§
5.105,7.25.
"Recipient" means any entity, other than applicant, which will actually
receive EPA assistance. 40 C.F.R. §§ 5.105, 7.25.
"Civil rights lawsuits and administrative complaints" means any
lawsuit or administrative complaint alleging discrimination on the
basis of race, color, national origin, sex, age, or disability pending or
decided against the applicant and/or entity which actually benefits
from the grant, but excluding employment complaints not covered by
40 C.F.R. Parts 5 and 7. For example, if a city is the named applicant
but the grant will actually benefit the Department of Sewage, civil
rights lawsuits involving both the city and the Department of Sewage
should be listed.
"Civil rights compliance review" means any review assessing the
applicant's and/or recipient's compliance with laws prohibiting
discrimination on the basis of race, color, national origin, sex, age, or
disability.
Submit this form with the original and required copies of applications,
requests for extensions, requests for increase of funds, etc. Updates of
information are all that are required after the initial application
submission.
If any item is not relevant to the project for which assistance is
requested, write "NA" for "Not Applicable."
In the event applicant is uncertain about how to answer any questions,
EPA program officials should be contacted for clarification.
Questions VII — XI are for informational use only and will not affect
an applicant's grant status. However, applicants should answer all
questions on this form. (40 C.F.R. Parts 5 and 7).
** Note: Signature appears in the Approval Section of the EPA
Comprehensive Administrative Review For Grants/Cooperative
AGREEMENTs & Continuation/Supplemental Awards form.
Approval indicates, in the reviewer's opinion, questions I — VI of Form
4700-4 comply with the preaward administrative requirements for EPA
assistance.
"Burden Disclosure Statement"
EPA estimates public reporting burden for the preparation of this form
to average 30 minutes per response. This estimate includes the time for
reviewing instructions, gathering and maintaining the data needed and
completing and reviewing the form. Send comments regarding the
burden estimate, including suggestions for reducing this burden, to:
U.S. EPA, Attn: Collection Strategies Division (MC 2822T), Office of
Information Collection, 1200 Pennsylvania Ave., NW, Washington,
D.C. 20460; and to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, D.C. 20503.
The information on this form is required to enable the U,S,,
Environmental Protection Agency to determine whether, applicants and
prospective recipients are developing projects, programs and activities
on a nondiscriminatory basis as required by the above statutes and
regulations.
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ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS
FOR THE WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
AND CENTENNIAL CLEAN WATER PROGRAM PROJECTS
(UNLESS MODIFIED BY A SPECIAL TERM AND CONDITION IN PART V.)
ACCOUNTING STANDARDS
The RECIPIENT will maintain accurate records and accounts for the PROJECT ("PROJECT
Records") in accordance with Chapter 43.09.200 RCW "Local Government Accounting - Uniform
System of Accounting."
These PROJECT Records will be separate and distinct from the RECIPIENT's other records and
accounts (General Accounts). Eligible costs will be audited every other year, or annually if more than
$500,000 of federal funds are received in any given year, by an independent, certified accountant or
state auditor, which may be part of the annual audit of the General Accounts of the RECIPIENT. If the
annual audit includes an auditing of this PROJECT, a copy of such audit, including all written
comments, recommendations, and findings, will be furnished to the DEPARTMENT within 30 days
after receipt of the final audit report.
ADJUSTED CONSTRUCTION BUDGET
The construction budget, as reflected in this agreement, will be adjusted once actual construction bids
are received. If the low responsive responsible construct bid(s) exceed the engineer's estimate of
construction costs, the DEPARTMENT may approve, through formal amendment to this agreement,
funding increases for up to ten percent of the engineer's original estimate. If the bid(s) come in lower
than the engineer's estimate of construction costs, the DEPARTMENT may reduce the loan based on
hardship eligibility criteria (i.e., 110 percent of current residential need of this project and the
RECIPIENT's hardship determination). The DEPARTMENT may also reassess hardship based on
additional funding from other sources received by the RECIPIENT after negotiation of this agreement.
AUTHORITY
Authority of RECIPIENT
This LOAN agreement is authorized by the Constitution and laws of the state of Washington, including
the RECIPIENT's authority, and by the RECIPIENT pursuant to the ordinance or resolution attached
as ATTACHMENT 2.
Opinion of RECIPIENT's Legal Counsel
The DEPARTMENT has received an opinion of legal counsel to the RECIPIENT in the form and
substance of ATTACHMENT 1.
CERTIFICATIONS
The RECIPIENT certifies by signing this LOAN agreement that all negotiated interlocal agreements
necessary for the PROJECT are, or will be, consistent with the terms of this LOAN agreement and
Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT will submit a copy of each
interlocal agreement necessary for the PROJECT to the DEPARTMENT.
The RECIPIENT certifies by signing this LOAN agreement that all applicable requirements have been
satisfied in the procurement of professional services and that eligible and ineligible costs are separated
and identifiable. The RECIPIENT will submit a copy of the final negotiated agreement to the
Page 1 of ATTACHMENT 4
DEPARTMENT for eligibility determination.
The RECIPIENT certifies by signing this LOAN agreement that the requirements of Chapter 39.80
RCW, "Contracts for Architectural and Engineering Services," have been, or will be, met in procuring
qualified architectural/engineering services. The RECIPIENT will identify and separate eligible and
ineligible costs in the final negotiated agreement and submit a copy of the agreement to the
DEPARTMENT.
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended,
debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting
with the federal government, or from receiving contracts paid for with federal funds. If the
RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,
they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to the Department if at
any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when
submitted or had become erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meaning set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the department for assistance in
obtaining a copy of those regulations..
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under the applicable Code of Federal
Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation
in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agreesby signing this agreement, that it will .include
this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT,
INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any
lower tier covered transaction complies with certification of suspension and debarment
requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in
the Code of Federal Regulations may result in the delay or negation of this funding agreement, or
pursuance of legal remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier
recipients or contractors, are not suspended or debarred, and will make this proof available to the
Department upon request. RECIPIENT/CONTRACTOR must run a search in www.epls.gov and
print a copy of completed searches to document proof of compliance.
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COMMENCEMENT OF WORK
The DEPARTMENT reserves the right to terminate this AGREEMENT if work does not commence
on the project within 4 months after the DEPARTMENT's deadline for signing this LOAN
AGREEMENT.
COVENANTS AND AGREEMENTS
Acceptance .
The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this LOAN agreement, including all incorporated and referenced documents, and to
fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its
application, accompanying documents, and communications filed in support of its request for a LOAN.
Accounts and Records
The RECIPIENT will keep proper and separate accounts and records in which complete and separate
entries will be made of all transactions relating to this LOAN agreement. The RECIPIENT will keep
such records, for six years after receipt of final LOAN disbursement.
Alteration and Eligibility of PROJECT
During the term of this LOAN agreement, the RECIPIENT (i) will not materially alter the design or
structural character of the PROJECT without the prior written approval of the DEPARTMENT and (ii)
will take no action which would adversely affect the eligibility of the PROJECT as defined by
applicable funding program rules and state statutes, or which would cause a violation of any covenant,
condition, or provision herein.
Collection of ULID Assessments (if used to secure the repayment of this LOAN)
All ULID Assessments in the ULID will be paid into the LOAN Fund and used to pay the principal of
and interest on the LOAN. The ULID Assessments in the ULID may be deposited into the Reserve
Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable.
Free Service -
The RECIPIENT will not furnish Utility service to any customer free of charge if providing that free
service will affect the RECIPIENT's ability to meet the obligations of this LOAN agreement.
Insurance
The RECIPIENT will at all times carry fire and extended coverage, public liability and property
damage, and such other forms of insurance with responsible insurers and with policies payable to the
RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility
as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like
systems, and against such claims for damages as are ordinarily carried by municipal or privately -
owned utilities engaged in the operation of like systems, or it will self -insure or will participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to
protect it against' loss.
Levy and Collection of Taxes (if used to secure the repayment of this LOAN)
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges to include in its budget
and levy taxes annually within the constitutional and statutory tax limitations provided by law without
a vote of its electors on all o f the taxable property within the boundaries of the RECIPIENT in an
amount sufficient, together with other money legally available and to be used therefore, to pay when
due the principal of and interest on the LOAN, and the full faith, credit and resources of the
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RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt
payment of that principal and interest.
Maintenance and Operation of a Funded Utility
The RECIPIENT will at all times maintain and keep a funded Utility in good repair, working order and
condition and also will at all times operate the Utility and the business in an efficient manner and at a
reasonable cost.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of
this LOAN)
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the
Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and
interest on the LOAN.
Reserve Requirement
For loans that are Revenue -Secured Debt with terms greater than five years, the RECIPIENT must
accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the
LOAN during the first five years of the repayment period of the LOAN. This amount will be
deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments
commencing within one year after the Initiation of Operation or the PROJECT Completion Date,
whichever comes first.
"Reserve Account" means, for a LOAN that constitutes Revenue -Secured Debt, an account of that
name created in the LOAN Fund to secure the payment of the principal and interest on the LOAN.
The amount on deposit in the Reserve Account may be applied by the RECIPIENT (i) to make, in part
or in full, the final repayment to the DEPARTMENT of the LOAN Amount or, (ii) if not so applied,
for any other lawful purpose of the RECIPIENT once the LOAN Amount, plus interest and any other
amounts owing to the DEPARTMENT, have been paid in full.
Sale or Disposition of Utility
The RECIPIENT will not sell, transfer, or otherwise dispose of any of the works, plant, properties,
facilities or other part of the Utility, or any real or personal property comprising a part of the Utility
unless one of the following applies:
1. The facilities or property transferred are not material to the operation of the Utility; or have
become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility;
or are no longer necessary, material, or useful to the operation of the Utility.
2. The aggregate depreciated cost value of the facilities or property being transferred in any
fiscal year comprises no more than three percent of the total assets of the Utility.
3. The RECIPIENT receives from the transferee an amount which will be in the same proportion
to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the
total amount outstanding less the amount of cash and investments in the bond and LOAN
Funds securing such debt) as the Gross Revenue of the Utility from the portion of the Utility
sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
The proceeds of any transfer under this"paragraph will be used (i) to redeem promptly, or irrevocably
set aside for the redemption of, Senior Lien Obligations and to redeem promptly the LOAN, or (ii) to
provide for part of the cost of additions to and betterments and extensions of the Utility.
DISADVANTAGED BUSINESS ENTERPRISE
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General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of
the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this LOAN agreement.
Non-discrimination Provision. The RECIPIENT will comply with all federal and state
nondiscrimination laws, including, but not limited to Title VI and VII of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age
Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and
42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this LOAN agreement may be rescinded, canceled, or
terminated in whole or in part, and the RECIPIENT may be declared ineligible for further funding
from the DEPARTMENT. The RECIPIENT will, however, be given a reasonable time in which to
cure this noncompliance.
Fair Share Objective/Goals, 40 CFR, Part 33, Subpart D. If the dollar amount of this LOAN
agreement or the total dollar amount of all of the RECIPIENT's financial assistance agreements in the
current federal fiscal year from the Revolving Fund is over $250,000, the RECIPIENT accepts the
applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Office of Minority
Women Business Enterprises as follows:
Construction 10.00% MBE 6.00% WBE
Supplies 8.00% MBE 4.00% WBE
Services 10.00% MBE 4.00% WBE
Equipment 8.00% MBE , 8.00% WBE
By signing this LOAN agreement the RECIPIENT is accepting the fair share objectives/goals stated
above and attests to the fact that it is purchasing the same or similar construction, supplies, services
and equipment, in the same or similar relevant geographic buying market as Office of Minority
Women Business Enterprises.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following
good faith efforts whenever procuring construction, equipment, services and supplies under this LOAN
agreement. Records documenting compliance with the following six good faith efforts will be
retained:
1) Ensuring Disadvantaged Business Enterprises are made aware of contracting
opportunities to the fullest extent practicable through outreach, and recruitment activities.
For Indian Tribal, State and Local and Government' recipients, this will include placing
Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources. Qualified Women and Minority business enterprises may be
found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office
of Minority and Women's Enterprises at 360-704-1181.
2) Making information on forthcoming opportunities available to Disadvantaged Business
Enterprises and arrange time frames for contracts and establish delivery schedules, where
the requirements permit, in a way that encourages and facilitates participation by
Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar
days before the bid or proposal closing date.
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3) Considering in the contracting process whether firms competing for large contracts could
subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and local
Government recipients, this will include dividing total requirements when economically
feasible into smaller tasks or quantities to permit maximum participation by
Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a
contract is too large for one of these firms to handle individually.
5) Using services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
6) If the prime contractor awards subcontracts, requiring the subcontractors to take the six
good faith efforts in paragraphs A through E above.
MBE/WBE Reporting, 40 CFR, Part 33, Sections 33.302, 33.502 and 33.503. The RECIPIENT agrees
to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3
DBE Subcontractor Performance Form to all its subcontractors, and EPA Form 6100-4 DBE
Subcontractor Utilization Form to all its prime contractors. These forms may be obtained from the
EPA Office of Small Business Program's website on the internet at www.epa.gov/osbp.
EPA Form 6100-2 — The RECIPIENT must document that this form was received by the
subcontractor. The completed form should be submitted to the EPA DBE Coordinator.
EPA Form 6100-3 — This form is completed by the subcontractor(s), submitted with bid, and
kept with the contract.
EPA Form 6100-4 — This form is completed by the prime contractor, submitted with bid, and
kept with the contract.
The RECIPIENT also agrees to submit the DEPARTMENT's MBE/WBE participation report - Form
D with each payment request.
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with
the contract administration provisions of 40 CFR, Section 33.302. The RECIPIENT also agrees to
ensure that recipients of identified loans also comply with provisions of 40CFR, Section 33.302.
The RECIPIENT will include the following terms and conditions in contracts with all contractors,
subcontractors, engineers, vendors, and any other entity for work or services pertaining to this LOAN
agreement.
"The Contractor will not discriminate on the basis of race, color, national origin or sex in the
performance of this Contract. The Contractorwill carry out applicable requirements of 40 CFR
part 33 in the award and administration of contracts awarded under Environmental Protection
Agency financial agreements. Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract orother
legally available remedies."
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a
bidders list (see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions..
Page 6 of ATTACHMENT 4
FACILITIES PROJECTS: DELIVERABLES (IF APPLICABLE)
Planning documents developed by the RECIPIENT must meet the requirements of Chapter 173-240
WAC, "Submission of Plans and Reports for Construction of Wastewater Facilities" and incorporate
SERP review.
Plans and Specifications. Plans and specifications developed by the RECIPIENT must be reviewed
and approved by Water Quality Program staff of the DEPARTMENT and be consistent with:
1. Requirements stated in Chapter 173-240 WAC, "Submission of Plans and Reports for
Construction of Wastewater Facilities," as related to plans and specifications.
2. Good engineering practices and generally recognized engineering standards, including, but
not limited to, the STATE OF WASHINGTON'S CRITERIA FOR SEWAGE WORKS DESIGN
(December 1998 or more recent edition).
3. The approved facilities plan.
4. Other reports approved by the DEPARTMENT which pertain to the facilities design.
RECIPIENT Approval. The plans, specifications, construction contract documents, and addenda must
be approved by the RECIPIENT prior to submittal for DEPARTMENT review.
Projected Construction Schedule. An engineer's projected construction schedule will be prepared and
submitted to the DEPARTMENT at 90 percent completion of plans and specifications.
Construction Cost Estimate. A current, updated construction cost estimate will be submitted along
with each plan/specification submittal. The project manager. may request a spreadsheet in electronic
file format.
Form of Plans. All construction plans submitted to the DEPARTMENT. for review and approval will
be reduced to no larger than 11-1/2" x 17" legible size. They may, at the RECIPIENT's option, be
bound with the specifications or related construction contract documents or bound as a separate
document. All reduced drawings must be completely legible. The project manager may request plans
be submitted in electronic format and specifications be submitted in a searchable PDF or Microsoft
Word electronic file.
DEPARTMENT Approval. The RECIPIENT will not proceed with any construction -related activities
until all necessary plans and specifications are approved in writing by the DEPARTMENT.
Bids and Awards. DEPARTMENT approval of the plans, specifications, and construction documents
authorizes the RECIPIENT to solicit bids and award the construction contract (or reject bids) without
further DEPARTMENT authorization or approval. However, any additional costs resulting from
successful bid protests or other claims due to improper bid solicitation and award procedures will not
be considered eligible for LOAN participation.
Plan of Operation. The plan of operation must be updated, as appropriate, throughout the PROJECT.
Construction Quality Assurance Plan. A detailed construction quality assurance plan will be submitted
at least 30 days prior to the commencement of construction. This plan must describe how adequate
and competent construction inspection will be provided for, the PROJECT.
Construction Schedule. A construction schedule will be submitted to the DEPARTMENT within 30
days of the start of construction. The construction schedule will be revised and updated whenever
major changes occur and resubmitted to the DEPARTMENT. When changes in the construction
schedule affect previous cash flow estimates, revised cash flow projections must also be submitted to
the DEPARTMENT. The project manager may request this schedule in an electronic file format.
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Change Orders. Change orders that are a significant deviation from the approved plans/specifications
must be submitted in writing for DEPARTMENT review and approval, prior to execution.. All other
change orders must be approved by the DEPARTMENT for technical merit and should be submitted
within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if
appropriate), and the RECIPIENT prior to submittal for DEPARTMENT approval.
The DEPARTMENT may approve, through formal amendment to this LOAN agreement, funding for
change orders for up to five percent of the eligible portion of the low responsive responsible
construction bid(s).
Adjusted Construction Budget. The construction budget, as reflected in the LOAN, will be adjusted
once actual construction bids are received. If the low responsive responsible construction bid(s)
exceed the engineer's estimate of construction costs, the DEPARTMENT may approve funding
increases for up to ten percent of the engineer's original estimate. If the low responsive responsible
construction bid(s) are lower than estimated the DEPARTMENT may reduce funding to reflect the low
bid amount. The DEPARTMENT may also reassess the LOAN amount based on additional funding
from other sources received by the RECIPIENT after negotiation of this LOAN agreement. All
changes to the LOAN amount will be done by formal amendment to this LOAN agreement.
"As -Built" Drawings. Upon completion of construction, the RECIPIENT will provide the
DEPARTMENT's Project Manager with a set of "as -built" plans (i.e., record construction drawings
which reflect changes, modifications, or other significant revisions made to the project during
construction) in AutoCAD electronic format, and in reduced (11"x17") paper copy format.
Declaration of Construction Completion. Along with the set of "as -built" plans, the RECIPIENT will
provide a certification statement signed by a professional engineer, indicating that the PROJECT was
completed in accordance with the plans and specifications and major change orders approved by the
DEPARTMENT.
Operations and Maintenance Manual. An Operations and Maintenance Manual ("O&M Manual") will
be prepared in conformance with WAC 173-240-080, "Operation and Maintenance Manual," and the
DEPARTMENT'S GUIDELINES. The O&M Manual will be updated as necessary following plant start-
up to reflect actual operating experience. The project manager may request the O&M Manual be
submitted in either paper format, PDF format, or Microsoft Word electronic file format. _
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACY (FFATA)
Reporting Requirements:
In order to comply with the FFATA, the recipient must complete the FFATA Data Collection Form
and return it to the Department. The Department will report basic agreement information, including
the required DUNS number, for all federally -funded agreements at www.fsrs.gov . This information
will be made available to the public at www.usaspending.gov. Recipients who do not have a DUNS
number can find guidance at www.grants.gov . Please note that Ecology will not pay any invoices
until it has received the completed FFATA Data Collection Form.
Any recipient that receives 80 percent or more of its annual gross revenues from federal funds, and
receives more than $25,000,000 in annual federal funds, must also report compensation for its five top
executives. See www.fsrs.gov for details of this requirement. If your organization falls into this
category, you must report the required information to Ecology.
GROWTH MANAGEMENT PLANNING
The RECIPIENT certifies by signing this LOAN agreement for a Water Pollution Control Facilities
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project that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth
Management—Planning by Selected Counties and. Cities." If the status of compliance changes, either
through_ RECIPIENT or legislative action, the RECIPIENT will notify the DEPARTMENT in writing.
of this change within 30 days.
INCREASED OVERSIGHT
The RECIPIENT will submit all backup documentation with each payment request submittal. In
addition, the DEPARTMENT's Project Manager will establish a schedule for additional site visits to
provide technical assistance to the RECIPIENT and verify progress or payment information.
LOAN REPAYMENT
Sources of LOAN Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the LOAN
from the sources identified below and to perform and observe all of the other agreements
and obligations on its part contained herein will be absolute and unconditional, and will not
be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the
repayment of the LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with
all of the covenants, agreements, and attachments contained herein.
2. For General Obligation. This LOAN is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This LOAN is a General
Obligation Debt of the RECIPIENT payable from special assessments to be imposed within
the constitutional and statutory tax limitations provided by law without a vote of the
electors of the RECIPIENT on all of the taxable property within the boundaries of the
RECIPIENT.
4. For Revenue -Secured; Lien Position. This LOAN is a Revenue -Secured Debt of the
RECIPIENT's Utility. This LOAN will constitute a lien and charge upon the Net Revenue
junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien
Obligations.
In addition, if this LOAN is also secured by Utility Local Improvement Districts (ULID)
Assessments, this LOAN will constitute a lien upon ULID Assessments in the ULID prior
and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN from
any funds legally available to it.
6. Defeasance of the LOAN. So long as the DEPARTMENT will hold this LOAN, the
RECIPIENT will not be entitled to, and will not effect, an economic Defeasance of the
LOAN. The RECIPIENT will not advance refund the LOAN or obtain additional grants or
loans. to finance the PROJECT, without the written consent of the DEPARTMENT.
If the RECIPIENT defeases or advance refunds the LOAN, it will be required to use the
proceeds thereof immediately upon their receipt, together with other available RECIPIENT
funds, to repay both of the following:
(i) the LOAN Amount with interest
(ii) any other obligations of the RECIPIENT to the DEPARTMENT under this LOAN
agreement, unless in its sole discretion the DEPARTMENT finds that repayment
from those additional sources would not be in the public interest.
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Failure to repay the LOAN Amount plus interest within the time specified in the
DEPARTMENT's notice to make such repayment will incur Late Charges and will be
treated as a LOAN Default.
7. Refinancing or Early Repayment of the PROJECT. So long as the DEPARTMENT will
hold this LOAN, the RECIPIENT will give the DEPARTMENT thirty days written notice
if the RECIPIENT intends to refinance or make early repayment of the LOAN.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this LOAN agreement, the
first semiannual payment of principal and interest on this LOAN will be paid no later than
one year after the PROJECT Completion Date or Initiation of Operation Date
Equal payments will be due every six months thereafter.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated
holiday for Washington State agencies, the payment will be due on the next business day
for Washington State agencies.
Payments will be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with the
DEPARTMENT's Financial Manager.
No change to the amount of the semiannual principal and interest payments will be made
without a formal amendment to this LOAN agreement. The RECIPIENT will continue to
make semiannual payments based on this LOAN agreement until the amendment is
effective, at which time the RECIPIENT's payments will be made pursuant to the amended
LOAN agreement.
2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the
DEPARTMENT pursuant, to this LOAN agreement remains unpaid after it becomes due
and payable, the DEPARTMENT may assess a Late Charge. The Late Charge will be one
percent per month on the past due amount starting on the date the debt becomes past due
and until it is paid in full.
3: Repayment Limitations. Repayment of the LOAN is subject to the following additional
limitations, among others: those on Defeasance, refinancing and advance refunding,
termination, and default and recovery of payments.
4. Prepayment of LOAN. So long as the DEPARTMENT will hold this LOAN, the
RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the
LOAN or any portion of the remaining unpaid principal balance of the LOAN Amount.
Any prepayments on the LOAN will be applied first to any accrued interest due and then to
the outstanding principal balance of the LOAN Amount. If the RECIPIENT elects to
prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT will first
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contact the DEPARTMENT's Revenue/Receivable Manager of the Fiscal Office.
MODIFICATIONS TO AGREEMENT
No subsequent amendments to this LOAN agreement will be of any force or effect unless reduced to a
writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and
made part hereof, except:
Insubstantial modifications may be approved in writing by the Department's Project Manager without
a formal amendment. Insubstantial changes include:
• LOAN agreement contact
• Contact for billing/invoice questions
• The DEPARTMENT'S Project Manager or Financial Manager
• Frequency and number of required submittals
• Budget allocations not affecting the total LOAN Amount
• Similar changes requested by the RECIPIENT
No amendment to this LOAN agreement will be effective until accepted or affirmed in writing by the
DEPARTMENT.
In no event will any oral agreement or oral commitment be effective to amend this LOAN agreement.
PAYMENT REQUEST SUBMITTALS
Equipment Purchase
Equipment must be pre approved by the DEPARTMENT's project manager.
Requests for Payment
Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV.
A copy of this document will be furnished to the RECIPIENT.
1. Procedure. Payment requests will be submitted by the RECIPIENT to the Financial
Manager of the DEPARTMENT.
2. Cost Reimbursable Basis: Payments to the RECIPIENT will be made on a "reimbursable
basis" no more often than once per month unless allowed by the DEPARTMENT's
Financial Manager. The DEPARTMENT's Financial Manager may require the
RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds.
3. Documentation: Each request for payment will be submitted by the RECIPIENT, along
with documentation of the expenses per the DEPARTMENT's ADMINISTRATIVE
REQUIREMENTS.
4 Required Forms: The RECIPIENT will submit all forms and supportive documentation to
the DEPARTMENT's Financial Manager. Invoice voucher submittals will include:
• State of Washington Invoice Voucher Form A19 -1A
• Form B2 (ECY 060-7)
• Form C2 (ECY 060-9)
• Form D (ECY 060-11)
5. Period of Payment. Payments will only be made for eligible costs of the PROJECT
pursuant to the LOAN agreement and performed after the effective date and prior to the
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expiration date of the LOAN agreement, unless those dates are specifically modified' in this
LOAN agreement.
6. Ineligible Costs. Payments will be made only for eligible PROJECT costs incurred and will
not exceed the Estimated LOAN Amount. If any audit identifies LOAN funds which were
used to support ineligible costs, such funds may be immediately due and payable to the
DEPARTMENT notwithstanding any provision to the contrary herein.
7. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and
benefits of the RECIPIENT will be allowed.
8. Certification. Each payment request will constitute a certification by the RECIPIENT to
the effect that all representations and warranties made in this LOAN agreement remain true
as of the date of the request and that no adverse developments, affecting the financial
condition of the RECIPIENT or its ability to complete the PROJECT or to repay the
principal of or interest on the LOAN, have occurred since the date of this LOAN
agreement. Any changes in the RECIPIENT's financial condition will be disclosed in
writing to the DEPARTMENT by the RECIPIENT in its request for payment.
POST PROJECT ASSESSMENT SURVEY
The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality
project outcomes and the status of eventual environmental results or goals from the project.
The RECIPIENT will e-mail the survey, as an attachment, to the DEPARTMENT's Project Manager
and the DEPARTMENT's Water Quality Program Performance Measures Lead.
The DEPARTMENT may conduct site interviews and inspections, and may otherwise evaluate the
Project.
PREVAILING WAGE
Prevailing Wage (Davis -Bacon Act) -- The RECIPIENT agrees to comply with the Davis -Bacon Act
wage requirements. This applies to projects funded directly by or assisted in whole or in part with
assistance from the State Revolving Fund as authorized by Section 513, title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors will be paid wages at rates not less than those prevailing on projects of a character
similar in the locality as determined by the Secretary of Labor. The RECIPIENT is also subject to the
Washington State prevailing wage law, Chapter 39.12 RCW Prevailing Wages on Public Works.
To obtain the state prevailing wage rates, contact the Washington State Department of Labor and
Industries. A special EPA Davis -Bacon insert must be included in all construction contracts. The
DEPARTMENT's Project Manager will provide the insert.
PROCUREMENT
The RECIPIENT is responsible for procuring professional, personal, and other services using sound
business judgment and good administrative procedures. This includes issuance of invitation of bids,
requests for proposals, selection of contractors, award of subagreements, and other related procurement
matters. The RECIPIENT will follow State procurement laws.
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PROGRESS REPORTS
The RECIPIENT will submit progress reports to the DEPARTMENT at least, quarterly or such other
schedule as set forth herein. The RECIPIENT will submit a copy of each progress report to both the
Financial Manager and the Project Manager of the DEPARTMENT. Quarterly reports will cover the
periods:
January 1 through March 31
April 1 through June 30
July 1 through September 30
October 1 through December 31
Quarterly reports are due 15 days following the end of the quarter being reported. Payment requests
will not be processed without a current Progress Report.
At a minimum, all Progress Reports must contain a comparison of actual accomplishments to the
objectives established for the period, the reasons for delay if established objectives were not met,
analysis and explanation of any cost overruns, and any additional pertinent information specified in
this LOAN agreement, including verification that the Davis Bacon Act requirements have been met.
Even if no progress has occurred a progress report must still be submitted.
The RECIPIENT will also report in writing to the DEPARTMENT any problems, delays, or adverse
conditions which will materially affect its ability to meet PROJECT objectives or time schedules. This
disclosure will be accompanied by a statement of the action taken or proposed and any assistance
needed from the DEPARTMENT to resolve the situation.
REPRESENTATIONS AND WARRANTIES
The RECIPIENT represents and warrants to the DEPARTMENT as follows:
A. Existence; Authority.
It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian tribe. It has full corporate power and authority to
execute, deliver, and perform all of its obligations under this LOAN agreement and to undertake the
PROJECT identified herein.
B. Application; Material Information.
All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with
its LOAN application were, when made, and are, as of the date the RECIPIENT executes this LOAN
agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the
PROJECT, the LOAN, or this LOAN agreement known to the RECIPIENT which has not been
disclosed in writing to the DEPARTMENT.
C. Litigation; Authority.
No litigation is now pending or, to the RECIPIENT'S knowledge, threatened, seeking to restrain, or
enjoin:
(i)
the execution of this LOAN agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and
the levy and collection of ULID Assessments therein pledged to pay the principal of and
interest on the LOAN (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the
LOAN (for general obligation -secured loans and general obligation payable from special -
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assessment -secured loans); or
(iii) in any manner questioning the proceedings and authority under which the LOAN
agreement, the LOAN, or the PROJECT are authorized. Neither the corporate existence or
boundaries of the RECIPIENT nor the title of its present officers to their respective offices
is being contested. No authority or proceeding for the execution of this LOAN agreement
has been repealed, revoked, or rescinded.
D. Not an Excess Indebtedness
For LOANs secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this LOAN agreement and the LOAN to be made do not
create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
E. Due Regard
For LOANs secured with a Revenue Obligation: The RECIPIENT has exercised due regard for
Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations
and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not
obligated itself to set aside and pay into the LOAN Fund a greater amount of the Gross Revenue of the
Utility than, in its judgment, will be available over and above such Maintenance and Operation
Expense and those debt service requirements.
SEWER -USER FEE ORDINANCES AND USER -CHARGE SYSTEM
Sewer -Use Ordinance or Resolution
If not already in existence, the RECIPIENT will adopt and will enforce a sewer -use ordinance or
resolution. The sewer use ordinance must include provisions to: 1) prohibit the introduction of toxic
or hazardous wastes into the RECIPIENT's sewer system; 2) prohibit inflow of stormwater; 3) require
that new sewers and connections be properly designed and constructed; and 4) require all existing and
future residents to connect to the sewer system. Such ordinance or resolution will be submitted to the
DEPARTMENT upon request by the DEPARTMENT.
User -Charge System
The RECIPIENT certifies that it has the legal authority to establish and implement a wastewater
treatment user -charge system and will adopt a system of wastewater treatment user -charges to assure
that each recipient of the water pollution control facility will pay its proportionate share of the cost of
operation and maintenance, including replacement during the design life of the PROJECT.
In addition, the RECIPIENT will regularly evaluate the user -charge system, at least annually, to ensure
the system provides adequate revenues necessary to operate and maintain the water pollution control
facility, to establish a reserve to pay for replacement, to establish the required LOAN Reserve
Account, and to repay the LOAN.
SIGNAGE
All site-specific projects must have a sign of sufficient size to be seen from nearby roadways
acknowledging department financial assistance and left in place throughout the life of the project or
facility. Department logos must be on all signs and documents. Logos will be provided as needed
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SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS)
If a contract is awarded by the RECIPIENT under this LOAN agreement, the RECIPIENT is also
required to utilize the following affirmative, steps:
1. Place Small Business in Rural Areas (SBRAs) on solicitation lists.
2. Make sure the SBRAs are solicited whenever there are potential sources.
3. Divide total requirements, when economically feasible, into small tasks or quantities to
permit maximum participation by SBRAs.
4. Establish delivery schedules, where requirements of work will permit, which could
encourage participation by SBRAs.
5. Use the services of the Small Business Administration and the Minority Business
Development Agency of the U.S. Department of Commerce, as appropriate.
6. Require the contractor to comply with the affirmative steps outlined above.
The negotiated "Fair Share Percentage" for the SBRAs is one-half of one percent.
There is no formal reporting requirement for SBRAs at this time; however, it is highly recommended
that the RECIPIENT keep records of SBRA participation.
TERMINATION AND DEFAULT; REMEDIES
A. Termination and Default Events
1. For Insufficient DEPARTMENT or RECIPIENT Funds. This LOAN agreement may be
terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds.
2. For Failure to Commence Work. This LOAN agreement may be terminated by the
DEPARTMENT for failure of the RECIPIENT to commence PROJECT work.
3. Past Due Payments. The RECIPIENT will be in default of its obligations under this LOAN
agreement when any LOAN repayment becomes 60 days past due.
4. Change in Scope of Work. DEPARTMENT will terminate this agreement if RECIPIENT
changes goals and objectives in achieving energy efficient treatment of their POTW.
5. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance in full by the RECIPIENT of all of its obligations under this LOAN
agreement. The RECIPIENT will be in default of its obligations under this LOAN agreement
if, in the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably failed to perform
any obligation required of it by this LOAN agreement including, but not limited to, the
PROJECT Schedule contained in Section IV -E.
B. Procedures for Termination
If this LOAN agreement is terminated prior to PROJECT completion, the DEPARTMENT will
provide to the RECIPIENT a written notice of termination at least five working days prior to the
effective date of termination (the "Termination Date"). The written notice of termination by the
DEPARTMENT will specify the Termination Date and, when applicable, the date by which the
RECIPIENT must repay any outstanding balance of the LOAN and all accrued interest (the
"Termination Payment Date").
C. Termination and Default Remedies
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1. No Further Payments. On and after the Termination Date, or in the event of a default event,
the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further
payments under this LOAN agreement.
2. Repayment Demand. In response to a termination event, except in the circumstances
described in Section VII -A-1, or in response to a default event, the DEPARTMENT may in
its sole discretion demand that the RECIPIENT repay the outstanding balance of the LOAN
Amount and all accrued interest.
3. Interest after Repayment Demand. From the time that the DEPARTMENT demands
repayment of funds, amounts owed by the RECIPIENT to the DEPARTMENT will accrue
additional interest at the rate of one percent per month, or fraction thereof.
4. Accelerate Repayments. In the event of a default, the DEPARTMENT may in its sole
discretion declare the principal of and interest on the LOAN immediately due and payable,
subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net
Revenue. Repayments not made immediately upon such acceleration will incur Late
Charges.
5. Late Charges. All amounts due to the DEPARTMENT and not paid by the RECIPIENT by
the Termination Payment Date or after acceleration following a default event, as applicable,
will incur Late Charges.
6. Intercept State Funds. In the event of a default event and in accordance with RCW
90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the
DEPARTMENT's sole discretion, be withheld and applied to the repayment of the LOAN.
7. Property to DEPARTMENT. In the event of a default event and at the option of the
DEPARTMENT, any property (equipment and land) acquired under this LOAN agreement
may, in the DEPARTMENT's sole discretion, become the DEPARTMENT's property. In
that circumstance, the RECIPIENT's liability to repay money will be reduced by an amount
reflecting the fair value of such property.
8. Documents and Materials. If this LOAN agreement is terminated, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, and reports or
other materials prepared by the RECIPIENT will, at the option of the DEPARTMENT,
become DEPARTMENT property. The RECIPIENT will be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other
materials.
9. Collection and Enforcement Actions. In the event of a default event, the state of
Washington reserves the right to take any actions it deems necessary to collect the amounts
due, or to become due, or to enforce the performance and observance of any obligation by
the RECIPIENT, under this LOAN agreement.
10. Fees and Expenses. In any action to enforce the provisions of this LOAN agreement,
reasonable fees and expenses of attorneys and other reasonable expenses (including, without
limitation, the reasonably allocated costs of legal staff) will be awarded to the prevailing party
as that term is defined in RCW 4.84.330, "Actions on contract or lease ...—Waiver
prohibited."
11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination
or default remedies provided in this LOAN agreement, the RECIPIENT will not be relieved
of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT
and/or the state of Washington because of any breach of this LOAN agreement by the
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RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until
such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT
is determined.
(Remainder of this Page Intentionally Left Blank)
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ATTACHMENT 5: AGREEMENT DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of
this LOAN agreement:
"Administrative Requirements" means the effective edition of DEPARTMENT's ADMINISTRATIVE
REQUIREMENTS FOR ECOLOGY GRANTS AND LOANS at the signing of this LOAN.
"Annual Debt Service" for any calendar year means for any applicable bonds or loans including the
LOAN, all interest plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt
Service for the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by
the number of those years.
"Contract Documents" means the contract between the RECIPIENT and the construction contractor
for construction of the PROJECT.
"Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of
sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an
obligation as it comes due.
"DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency
or department.
"Estimated LOAN Amount" means the initial amount of funds loaned to the RECIPIENT.
"Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start
Date through the PROJECT Completion Date.
"General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem
taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
"General Obligation Payable from Special Assessments Debt" means an obligation of the
RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments
to be imposed within the constitutional and statutory tax limitations provided by law without a vote of
the electors of the RECIPIENT on all of the taxable property within the boundaries of the
RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the
maintenance and operation of the Utility and all earnings from the investment of money on deposit in
the LOAN Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government
grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings
or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the LOAN
Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account
for the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
Page 2 of ATTACHMENT 5
"Guidelines" means the DEPARTMENT's Funding Guidelines that that correlate to the State Fiscal
Year in which the PROJECT is funded.
"Initiation of Operation" is the actual date the Water Pollution Control Facility financed with
proceeds of the LOAN begins to operate for its intended purpose.
"LOAN" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial
Clean Water Fund (Centennial) Loan made pursuant to this LOAN agreement.
"LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as
applicable.
"LOAN Fund" means the special fund of that name created by ordinance or resolution of the
RECIPIENT for the repayment of the principal of and interest on the LOAN.
"Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT
in causing the Utility to be operated and maintained in good repair, working order, and condition
including payments to other parties for the transmission, treatment, or disposal of sewage, but will not
include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense.
"Principal and Interest Account" means, for a LOAN that constitutes Revenue -Secured Debt, the
account of that name created in the LOAN Fund to be first used to repay the principal of and interest
on the LOAN.
"PROJECT" means the PROJECT described in this LOAN agreement.
"PROJECT Completion Date" is the date specified in the LOAN agreement as that on which the
Scope of Work will be fully completed.
"PROJECT Schedule" is that schedule for the PROJECT specified in the LOAN agreement.
"Reserve Account" means, for a LOAN that constitutes Revenue -Secured Debt, the account of that
name created in the LOAN Fund to secure the payment of the principal of and interest on the LOAN.
"Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue
of a utility and one not a general obligation of the RECIPIENT.
"Scope of Work" means the tasks and activities constituting the PROJECT.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT
outstanding on the date of execution of this LOAN agreement (or subsequently issued on a parity
therewith, including refunding obligations) or issued after the date of execution of this LOAN
agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or
lien of the LOAN, subject only to Maintenance and Operation Expense.
Page 3 of ATTACHMENT 5
"State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution
control revolving fund established by RCW 90.50A.020.
"Termination Date" means the effective date of the DEPARTMENT's termination of the LOAN
agreement.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to the
DEPARTMENT any outstanding balance of the LOAN and all accrued interest.
"Total Eligible PROJECT Cost" means the sum of all costs associated with a water quality project
that have been determined to be eligible for DEPARTMENT grant or loan funding.
"Total PROJECT Cost" means the sum of all costs associated with a water quality project, including
costs that are not eligible for DEPARTMENT grant or loan funding.
"ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or
construction of additions to and extensions and betterments of the Utility.
"ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are
pledged to be paid into the LOAN Fund (less any prepaid assessments permitted by law to be paid into
a construction fund or account). ULID Assessments will include principal installments and any
interest or penalties which may be due.
"Utility" means the sewer system or the combined water and sewer system of the RECIPIENT, the
Net Revenue of which is pledged to pay and secure the LOAN.
(Revised September 2007)
Page 4 of ATTACHMENT 5
Page 1 of ATTACHMENT 6
ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS
PERTAINING TO GRANT AND LOAN AGREEMENTS OF
THE DEPARTMENT OF ECOLOGY
A. RECIPIENT PERFORMANCE
All activities for which grant/LOAN Funds are to be used shall be accomplished by the RECIPIENT.
and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that
has been included in the LOAN agreement's final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this LOAN agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
LOAN agreement, the state of Washington is named as an express third -party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded, for -inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this LOAN agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1 The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure
the necessary approvals and permits required by authorities having jurisdiction over the project,
provide assurance to the DEPARTMENT that all approvals and permits have been secured, and
make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
affirmatively support the program of the Office of Minority and Women's Business Enterprises to
the maximum extent possible. If the LOAN agreement is federally -funded, the RECIPIENT shall
report to the DEPARTMENT the percent of grant/LOAN Funds available to women or minority
owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations,
and policies of the United States and the State of Washington which affect wages and job safety.
Page 2 of ATTACHMENT 6
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable .state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this LOAN agreement for cause as provided in
Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise entitled
or, receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this LOAN
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and
task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished
under this LOAN agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after
the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or
make adjustments accordingly.
3. All work performed under this LOAN agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this LOAN agreement and for at least three years
following grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular
A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000
threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final
corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or
such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their
ability to meet project objectives or time schedules. This disclosure shall be accompanied by a
statement of the action taken or proposed and any assistance needed from the DEPARTMENT to
resolve the situation. Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1
through. September 30, and October 1 through December 31. Reports shall be due within thirty (30)
days following the end of the quarter being reported.
Page 3 of ATTACHMENT 6
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in
the LOAN agreement and no more often than once per month. Each request for payment will be
submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT
along with documentation of the expenses. Payments shall be made for each task/phase of the
project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and
approved as satisfactory by the Project Officer. The payment request form and supportive
documents must itemize all allowable costs by major elements as described in the Scope of Work.
Instructions for submitting the payment requests are found in "Administrative Requirements for
Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document
shall be furnished to the RECIPIENT. When payment requests are approved by the
DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests
-shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer
this LOAN agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to
the grant/LOAN agreement and performed after the effective date and prior to the expiration date.
of this LOAN agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation
within forty-five (45) days after the expiration date of this LOAN agreement and within fifteen (15)
days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described
herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such
payment is reasonable and approved according to this LOAN agreement and, as appropriate, upon
completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded
to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law for state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERMINATION
12 For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this LOAN agreement.
In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform
any obligation required of it by this LOAN agreement, the DEPARTMENT may refuse to pay any
further funds there under and/or terminate this LOAN agreement by giving written notice of
termination.
A written notice of termination shall be given at least five working days prior to the effective date
of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings,
Page 4 of ATTACHMENT 6
maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this
LOAN agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
damages sustained by the DEPARTMENT and/or the State of Washington because of any breach
of LOAN agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When
this LOAN agreement crosses over state fiscal years the obligation of the DEPARTMENT is
contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or
allot such funds shall be good cause to terminate this LOAN agreement as provided in paragraph
K.1 above.
When this LOAN agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds
paid to the RECIPIENT in accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project
funded herein within four months after the effective date of this LOAN agreement, or by any date
agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this LOAN agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of
any provision of this LOAN agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this LOAN agreement unless stated as such in writing by
the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT
retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or
otherwise use the material(s) or property and to authorize others to use the same for federal, state or
local government purposes. Where federal funding is involved, the federal government may have•a
proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as
provided in 35 U.S.C: 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
Page 5 of ATTACHMENT 6
•
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements
for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal
property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of
state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal
property directly to the RECIPIENT for use in performance of the project, it shall be returned to the
B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen
or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash
or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this LOAN
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this LOAN agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for
each parcel prior to disbursement of funds provided by this LOAN agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses contemplated by this LOAN agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this LOAN agreement to uses other than those for which assistance was
originally approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease
or other conversion or encumbrance which monies granted pursuant to this LOAN agreement bear
to the total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to
implement sustainable practices where and when possible. These practices include use of clean energy,
and purchase and use of sustainably produced products (e.g., recycled paper). For more information,
see http://www.ecy.wa.gov/sustainability/.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this LOAN agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform
obligations required of it by this LOAN agreement, the RECIPIENT may, at the DEPARTMENT's
sole discretion, be required to repay to the DEPARTMENT all grant/LOAN Funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%)
per year from the time the DEPARTMENT demands repayment of funds. If payments have been .
discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the
RECIPIENT shall not be obligated to repay monies which had been paid to the
Page 6 of ATTACHMENT 6
RECIPIENT prior to such termination. Any property acquired under this AGREEMENT, at the option
of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to
repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this LOAN agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Officer or other designated official as tothe extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for
below.
Q. DISPUTES
Except as otherwise provided in this LOAN agreement, any dispute concerning a question of fact
arising under this LOAN agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails
or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with
appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and
to offer evidence in support of this appeal. The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the
decision of the Director will not be sought before either the Pollution Control Hearings Board or the
Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this LOAN agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this LOAN agreement who exercises any
function or responsibility in the review, approval, or carrying out of this LOAN agreement, shall
participate in any decision which affects his/her personal interest or the interest of any corporation,
partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any
personal or pecuniary interest, direct or indirect, in this LOAN agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees,
and other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to
persons or property arising from the negligent act or omission of that party or that party's agents or
employees arising out of this LOAN agreement.
Page 7 of ATTACHMENT 6
T. GOVERNING LAW
This LOAN agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this LOAN agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this LOAN agreement
which can be given effect without the invalid provision, and to this end the provisions of this LOAN
agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this LOAN agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and
State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms
incorporated herein by reference including the "Administrative Requirements for Ecology Grants and
Loans"; and (e) the General Terms and Conditions.
SS -010 Rev. 04/04
Page 8 of ATTACHMENT 6
•
Page 1 of ATTACHMENT 7
ATTACHMENT 7: WATER QUALITY PROGRAM MONTHLY PROGRESS REPORT FORM
AND FINANCIAL MANAGEMENT POST PROJECT ASSESSMENT SURVEY
These forms are being included in this AGREEMENT as examples of the type offorms the
RECIPIENT will be required to complete and is intended to give the RECIPIENT an idea of what
information will be required. These forms are subject to change at any time. For the most recent
forms contact the DEPARTMENT's Project Manager or Financial Manager.
Recipient Name:
Agreement Number:
Project Name:
Contact Information (Please revise, as needed):
Contact Name:
Contact Phone Number:
Contact E-mail Address:
Key Dates:
Funding Award:
Project Completion:
Survey Completed:
Financing:
Total Project Cost:
Total Eligible Project Cost:
Ecology Loan Amount:
Project Description:
"Water Quality Problems" stated in the funding application as potentially being addressed by the project:
"Project Results or Outcomes" and "Eventual Environmental Result(s) or Goal(s)" stated in the funding agreement that
were anticipated to be achieved by the project:
TO BE COMPLETED BY THE STAFF OF THE RECIPIENT:
1. Describe the most critical specific Water Quality Project Outcome(s) actually achieved by the
Project:
2. Describe how the Water Quality Problem(s) noted above were addressed during or since
completion of the Project:
Page 2 of ATTACHMENT 7
3. Describe subsequent work and ongoing efforts needed to achieve the "Eventual Environmental
Result(s) or Goal(s)" by you and others in the area:
4. Identify current conditions via the quantifiable measures below (as applicable):
Follow up from funding Application information:
a) The number of system wide users:
b) System Design Capacity (in MGD):
c) Effluent Permit Violations over the last 12 months:
d) Maximum Monthly Flow over the last 12 months (in MGD):
e) Effluent Discharge of BOD (in lbs/day):
fl Effluent Discharge of TSS (in lbs/day):
g) Effluent Discharge of Ammonia (in lbs/day):
h) Effluent Discharge of Total Nitrogen (in lbs/day):
i) Effluent Discharge of Phosphorus (in lbs/day):
j) Effluent Discharge of Fecal Coliform (in CFU/100 ml):
Dedicated post project information:
a) Septic systems eliminated by the project (# of systems):
b) Acres of shellfish beds opened by the project (acres):
c) CSO discharge reduction (Annual volume reduction):
d) I/I reduction (GPD eliminated):
e) Did the project address more stringent permit limits (Yes/No):
f) Did the Project address a public health emergency (Yes/No):
g) Project produced reclaimed water: (Gallons reused annually):
5. Provide documentation (including electronic attachments or links to digital color pictures)
reflecting continued maintenance and effectiveness of the Project at the time of this survey:
Page 2 of ATTACHMENT 7
WASHINGTON STATE DEPARTMENT OF ECOLOGY
WATER QUALITY PROGRAM
PROGRESS REPORT FORM
Funding Source: ❑ 319 ❑ Centennial ❑ DIF ❑ Revolving Fund
0 Reclaimed Water ❑ Stormwater
Grant/Contract/Loan Number:
Project Title:
Project Period:
Recipient Organization:
Recipient Project Manager:
Reporting Period:
Date This Form Was Prepared:
Ecology Contacts:
Regional Project Manager:
Financial Manager:
Funding: Total Eligible Cost: $
Total Ecology Award: $
Total Expenditures to Date: $
Task and Milestone Achievements (for current reporting period only)
Task 1— Project Administration/Management
Activities
Task 2 — (title)
Activities
Task 3 — (title)
Activities
Task 4 — (title)
Activities
Page 3 of ATTACHMENT 7
Tasks/Milestones not achieved and why
Potential Future Challenges to Performance (time delays, staff changes, etc.)
General Comments
List the cumulative totals for all numerically measurable accomplishments for this
calendar year
(Example: amount of riparian area planted, length of fencing installed, technical
assistance, conservation plans, etc)
Verification for State Revolving Fund Loan Recipients Only:
❑ By checking this box we verify that we are in compliance with all the
requirements as outlined in our funding agreement(s) with the Department of
Ecology. This includes but is not limited to:
(Revised 6/09)
• The Davis -Bacon Act, 29 CFR (If applicable)
• Washington State Prevailing Wage Rate, Chapter 39.12 RCW
(Pertaining to all recipients)
• The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33
(Pertaining to recipients that had a signed funding agreement(s) with
Ecology on or after August 26, 2010)
Page 4 of ATTACHMENT 7
Dept. of
Ecology
Loan, Number
Recipient Name
Amortization Method
Project Completion Date
Initiation of Operations
ESTIMATED LOAN REPAYMENT SCHEDULE
L1100008
City of Yakima
Compound -365 D/Y
06/30/2013
03/31/2013
ATTACHMENT 8
Loan Amount
Term of Loan
Annual Int. Rate
Interest Compounded
Loan Date
$503,538.00
39 Payments.
2.800 %
Monthly
03/31/2013
Loan Number
Recipient Name
L1100008
City of Yakima
Department of Ecology
Date Created 03/16/2011
Payment #
1
2
SubTotal
3
4
SubTotal
5
6'
SubTotal
7
8
SubTotal
9
10
Due Date
03/31/2014
09/30/2014
2014
03/31/2015
09/30/2015
2015
03/31/2016
09/30/2016
2016
03/31/2017
09/30/2017
2017
03/31/2018
09/30/2018
Payment Amount
$17,104.86
$17,104.86
$34,209.72
$17,104.86
$17,104.86
$34,209.72
$17,104.86
$17,104.86
$34,209.72
$17,104.86
$17,104.86
$34,209.72
$17,104.86
$17,104.86
Interest
$14,261.58
$7,050.74
$21,312.32
$6,909.16
$6,765.59
$13,674.75
$6,619.99
$6,472.34
$13,092.33
$6,322.62
$6,170.78
$12,493.40
$6,016.81
$5,860.67
Principal
$2,843.28
$10,054.12
$12,897.40
$10,195.70.
$10,339.27
$20,534.97
$10,484.87
$10,632.52
$21,117.39
$10,782.24
$10,934.08
$21,716.32
$11,088.05
$11,244.19
Balance
$500,694.72
$490,640.60
$480,444.90
$470,105.63
$459,620.76
$448,988.24
$438,206.00
$427,271.92
$416,183.87
$404,939.68
SubTotal
11
12
SubTotal
13
14
2018
03/31/2019
09/30/2019
2019
03/31/2020
09/30/2020
$34;209.72
$17,104.86
$17,104.86
$34,209.72
$17,104.86
$17,104.86
$11,877.48
$5,702.33
$5,541.76
$11,244.09
$5,378.93
$5,213.80
$22,332.24
$11,402.53
$11,563.10
$22,965.63
$11,725.93
$11,891.06
$393,537.15
$381,974.05
$370,248.12
$358,357.06
SubTotal 2020
15 03/31/2021
ATTACHMENT 8
$34,209.72
$17,104.86
$10,592.73 $23,616.99
$5,046.36 $12,058.50
$346,298.56
Page 1 of 3 Schedule Number 1582
Loan Number L1100008 Department of Ecology
Recipient Name
City of Yakima Date Created 03/16/2011
Payment # Due Date Payment Amount Interest Principal Balance
16 09/30/2021 $17,104.86 $4,876.55 $12,228.31 $334,070.25
SubTotal 2021 $34,209.72 $9,922.91 $24,286.81
17 03/31/2022 $17,104.86 $4,704.35 $12,400.51 $321,669.74
18 09/30/2022 $17,104.86 $4,529.73 $12,575.13 $309,094.61
SubTotal 2022 $34,209.72 $9,234.08 $24,975.64
19 03/31/2023 $17,104.86 $4,352.65 $12,752.21 $296,342.40
20 09/30/2023 $17,104.86 $4,173.07 $12,931.79 $283,410.61
SubTotal 2023 $34,209.72 $8,525.72 $25,684.00
21 03/31/2024 $17,104.86 $3,990.97 $13,113.89 $270,296.72
22 09/30/2024 $17,104.86 $3,806.30 $13,298.56 $256,998.16
SubTotal 2024 $34,209.72
23 03/31/2025 $17,104.86
24 09/30/2025 $17,104.86
$7,797.27 $26,412.45
$3,619.03 $13,485.83
$3,429.12 $13,675.74
$243,512.33
$229,836.59
SubTotal 2025 $34,209.72
25 03/31/2026 $17,104.86
26 09/30/2026 $17,104.86
$7,048.15
$3,236.54
$3,041.25
$27,161.57
$13,868.32
$14,063.61
$215,968.27
$201,904.66
SubTotal 2026 $34,209.72 $6,277.79 $27,931.93
27 03/31/2027 $17,104.86 $2,843.21 $14,261.65 $187,643.01
28 09/30/2027 $17,104.86 $2,642.37 $14,462.49 $173,180.52
SubTotal 2027 $34,209.72
29 03/31/2028 $17,104.86
30 09/30/2028 $17,104.86
SubTotal 2028 $34,209.72
31 03/31/2029 $17,104.86
32 09/30/2029 $17,104.86
$5,485.58 $28,724.14
$2,438.71 $14,666.15 $158,514.37
$2,232.19 $14,872.67 $143,641.70
$4,670.90 $29,538.82
$2,022.75 $15,082.11 $128,559.59
$1,810.37 $15,294.49 $113,265.10
SubTotal 2029 $34,209.72 $3,833.12 $30,376.60
33 03/31/2030 $17,104.86 $1,594.99 $15,509.87 $97,755•.23
34 09/30/2030 $17,104.86 $1,376.58 $15,728.28 $82,026.95
SubTotal 2030 $34,209.72
35 03/31/2031 $17,104.86
ATTACHMENT 8
$2,971.57
$1,155.10
$31,238.15
$15,949.76
$66,077.19
Page 2 of 3 Schedule Number 1582
Loan Number
Recipient Name
L1100008
City of Yakima
Department of Ecology
Date Created 03/16/2011
Payment # Due Date
36
09/30/2031
Payment Amount
$17,104.86
Interest
$930.49
Principal
$16,174.37
Balance
$49,902.82
SubTotal
37
38
2031`
03/31/2032
09/30/2032
$34,209.72
$17,104.86
$17,104.86
$2,085.59
$702.73
$471.75
$32,124.13
$16,402.13
$16,633.11
$33,500.69
$16,867.58
SubTotal 2032
39 03/31/2033
$34,209.72
$17,105.11
$1,174.48 $33,035.24
$237.53 $16,867.58
$0.00
SubTotal 2033
$17,105.11
$237.53 $16,867.58
Grand Total
ATTACHMENT 8
$667,089.79
$163,551.79 $503,538.00
Page 3 of 3 Schedule Number 1582
WASHINGTON STATE
DEPARTMENT OF COMMERCE
(r)
AGENCY NUMBER
1030
Short Code
Commerce Contract Number
PC12-951-065
Form 19-tA VOUCHER DISTRIBUTION
DEPARTMENT OF COMMERCE
CONTRACTS ADMINISTRATION UNIT (CAU)
PO BOX 42525
OLYMPIA, WA 198504-8300
iNSTRUCTION To VENDOR OR CLAIMANT.
Submd the tort, to claim payment rot mate,la Is, merchandise Ot services.
Show complete detail /01 each nem
VENDOR OR CLAIMANT (Warrant is to be payable to: )
City of Yakima
t
2220 East Viola
Yakima, WA 98901
Vendor's Certificate. I hereby certify under perjury that the nems and totals listed herein are proper
charges for materials, merchandise or services furnished to the State of Washington. and that all
goods furnished and/or services rendered hav en pr ided t d,scrlmination because of
age, sex, marital stat srace, creed. color. n onal o n, ha ligion or Vietnam era or
disabled veterans tus
By'
1.Contact
Person:
Ryan Anderson
Phone
509-249-6813
( (SIGN IN BLUE INK)
4 ,� /92 / i
l
Email:
inn m,<h:rs<m(dwal,e,mwa,aov
Period:l
Contract Pe
VOUCHER NUMBER.
5
( C Manager) (DATE)
DATE
DESCRIPTION
(refer to Attachment 1 of your executed Contract)
BUDGET
PREVIOUSLY
REQUESTED
AMOUNT THIS INVOICE
AWARD REMAINING
BALANCE
LOAN AMOUNT AT CONTRACT EXECUTION
55,000,000 00
11/05/12
Project Cost: Engineering and construction costs, construction oversrte
52,974,934 19
52,025,065.81
50 00
50.00
TOTALS
50 00
$2,974,934 19
2,025,065.81
$0.00
Allowable Costs
Advance
FOR
S
COMMERCE!USE!bNLY
Reimbursement
Apply to Advance
S
S
$
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Match: Year 1 Dollars ( Coding
PROGRAM APPROVAL
DATE
DOG GATE
CURRENT DOC NO-
REFERENCE DOC NC.
VENDOR NUMBER and SUFFIX
ACCOUNT NO
ASO NUMBER
25623
VENDOR MESSAGE
SWV0007122-11
TRANS
CODE
MASTER
INDEX
SUB OBJ
SUB
SUB
08J
GL
ACCT
SUBSID
AMOUNT
INVOICE
SIGNATURE OF ACCOUNTING PREPARER FOR PAYMENT
DATE
WARRANT TOTAL
ACCOUNTING APPf:OVAL FOR PAYMENT
DATE
CITY CONTRACT NO:
RESOLUTION NO'
Rewsed 2/4/11
A19 -la basic form wan advance block