HomeMy WebLinkAbout1056 - WA State Dept of Commerce - Agreement - PWTF PW-02-691-033 Public Works Trust FundAMEN DMENT FACE SHEET
Loan Number: PW-02-691-033
Amendment Number: A
Washington State Department of Commerce
PUBLIC WORKS BOARD
Loan Contract
1. Contractor 2. Contractor Doing Business As (optional)
Marysville , City of N/A
1049 State Ave
Marysville , WA 98270
3. Contractor Representative (only if 4. Public Works Board Representative (only if updated)
updated)
N/A NIA
5. Original Contract Amount 6. Amendment Amount 7. New Contract Amount
$10 ,000 ,000 .00 N/A NIA
8. Amendment Funding Source 9. Amendment Start Date 10. Contract End Date
Federal: D State: 0 Other: D N/A: D October 151
h, 2014 June 1, 2022
11. Federal Funds (as applicable): Federal Agency: CFDA Number:
N/A N/A N/A
12. Amendment Purpose:
The pur.pose of this amendment is to forma lly alter the day and month in which lo an payments are du e from July 1 to
June 1.
The Board, defined as the Washington State Public Works Boa rd , and Borrower/Contractor acknowledge and accept
the term s of this AgreemenUCo ntract As Amended and attachments and have executed this Contract on the date below
to start as of the date shown above. The rights and obligations of both parties to th is AgreemenUContract As A mended
are governed by th is AgreemenUContract Amendment and the following other documents incorporated by refe rence:
Amendment Terms and Conditions including all attachments. A copy of th is AgreemenUContract Amendment shall be
attac hed to and made a part of the origi na l AgreemenUContract between the Board and t he Borrower/Contractor. Any
referen ce in the original Contract to "Ag reement" or "Co ntract" shall mean the "Agreement As Amended " or "Contrac t
As Amended," respectively.
FOR THE BORROWER/CONTRACTOR L:.2 . ~L<
Signatu rEi/' _ ' . 7
.Joh /Vei,;-,V>/
Print Nam e
Title
rf\A-~clL
Date
\U}L5/t~
Marysville , City of
PW-02-691-033
FOR PUBLIC WORKS BOARD
~~ ;;;___--ar~
Stan F inkelstein , Publi c Works Board Chair
(2,y. vr, 21//'-1
Date
APPROVED AS TO FORM ONLY
This 151h Day of July, 2013
Bob Ferguson
Attorney General
Sig nature on Fi le
Kathryn Wyatt
Assistant Attorney General
Page 3 Loan End Date Amendment
All PWTF Prog rams
AMENDMENT TERMS AND CONDITIONS
Contractor/Borrower:
Contract Number:
Amendment Number:
Washington State Department of Commerce
PUBLIC WORKS BOARD
Marysville, City of
PW-02-691-033
A
Loan Contract
The Public Works Board (or its successors), a department of the State of Washington, (hereafter referred to as
the "Board") and the Contractor, listed on the Face Sheet, agree to amend the above listed contract by revising a!I
clauses contained therein that reference (in whole or in part) the annual Loan Repayment month and Loan End
Date month.
The Loan Repayment and Loan End Date months shall be revised to read "June 1" instead of"July 1" as the
month and day in which all loan repayments are to be made. The final payment shall be on or before June 1,
2022, of an amount sufficient to bring the loan. balance to zero.
Marysville, City of
PW-02-691-033
Page4 Loan End Date Amendment
All PWTF Programs
Amortization Schedule for Contract Num: PW-02-691-033
Contractor .. N~Te: .••..• MarysvHle
Project~a111e: .•• WWTP upgrade
Loan Inf(lrmation: Loan# 1 ·
Loan Amount: $10,000,ooo.oo
Interest Rate/Type: 0.5000 % (Simple)
Amortized Loan Fee: 0.0000 °/o
Payment Frequency: Annual -360 Days
Periods Principal Deferred: 1
Draw Based Loan: Yes
$500,000.01
3. 7/1/2005 $500,000.01
4 7/1/2006 $529,411.77
5 7/1/2007 $529,411.77
6 711/2008 $529,411.73
7. 71112009 $529,411. 77
8 71112010 $529,411.76
9 7/112011 $529,411.77,
10 711/2012 $529,411.76•
11 711/2013 $529,411.77'
12 7/1/2014 $529,411.76,
13: 6/112015: $529,411.77
14 6/1/2016 $529,411.76
15 6/112017 $529,411.77
16 6/1/2018 $529,411.76 ..
17 6/1/2019 $529,411.77
18 6/1/2020 $529,411.76
19' 61112021 $529,411.n
20 6/1/2022 $529,411.76
$43,000.00·
$45,000.00
. $44,256,95
$42,352.95•
$39,705.88
$37,058.82
$34,411.76
$31,764.71'
$29, 117.65:
$26,470.59
$23,823.53
$19,411.76
$18,529.41
$15,882.35
$13,235.29
$10,588.24
$7,941.18
$5,294.12
$2,647.06
Loan Type: Amortizing Loan
Loan Term: 20 Years
Amortization Term: 19 Years
Paid Off:
Loan Source: PWTF
Terminated Date:
Loan Start Date: 4/29/2002
Accrual Start Date:
First Payment Date: 6/1/2003
Last Payment Date: 6/1/2022
Distressed Community: N/A
Subordination Allowed: N/A
Amortization Schedule
$43,000.00, $543,000.01 $8,999,999.99 05/30/2004 82891 06/28/2004
$45,000.00 $545,000.01 $8,499,999.98 05/30/2005 82892 06/20/2005
$44,256.95 . . .. $573,668.72 $8,470,588.21 05/30/2006 82893 06/1212006
$42,352.95 $571,764.72 $7,941,176.44 0513012007 82894 0611812007
$39,705.88 $569,117.61 $7,411,764.71 0613012008 82895 0710812008
$37,058.82 $566,470.59 $6,882,352.94 0613012009 82896 0613012009
$34,411.76 $563,823.52 $6,352,941.18 07/0112010 82897 07101/2010,
$31,764.71 $561,176.48 $5,823,529.41 05/03/2011 82910 05/24/2011
$29, 117.65 $558,529.41 $5,294, 117 .65 0610412012 82911 0710212012•
$26,470.59 $555,882.36 $4,764,705.88 0610312013 82912 06125/2013
$23,823.53 $553,235.29 $4,235,294. 12 05/2912014 82913 06/3012014
$19,411.76 $548,823.53 $3,705,882.35
$18,529.41 $547,941.17 $3, 176,470.59
$15,882.35 $545,294.12 $2,647,058.82
$13,235.29 $542,647.05 $2,117,647.06
$10,588.24 $540,000.01 $1,588,235.29
$7,941.18 $537,352.94 $1,058,823.53
$5,294.12 $534,705.89 $529,411.76
$2,647.06 $532,058.82 $0.00
10/30/2014 3:56:05 PM Contract Num: PW-02-691-033 Loan# 1
$543,000.01
$545,000.01
$573,668.72
$571,764.72
$569, 117.61
$566,470.59
$563,823.52
$561, 176.48
$558,529.41
$555,882.36
'$553,235.29
CTED\carrieC Page: 1 of 2
Totals: $10,000,000.00 $515,360.30 $515,360.30 $10,515,360.30 $6, 186,536.77
10/30/2014 3:56:05 PM Contract Num: PW-02-691-033 Loan# 1 CTED\C8rrieC Page: 2 of 2
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
PART I: ENTIRE AGREEMENT
NUMBER PW-02-691-033
CITY OF MARYSVILLE
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof. This contract consists of ten pages and two attachments. An attachment
to this agreement, A TI ACHMENT I: SCOPE OF WORK, consists of a description of local project
activities, certification of the project's useful life, and identification of estimated project costs and fund
sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In
addition, ATIACHMENT II: ATIORNEY'S CERTIFICATION, is by this reference incorporated into this
agreement.
The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the
date and year last written below.
DEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC
DEVELOPMENT
Steve Wells
Director, Local Government Division
Title
Date
APPROVED AS TO FORM ONLY
This 9th Day of January, 2002
Christine 0. Gregoire
Attorney General
By: Signature on File
Jeanne A. Cushman
Assistant Attorney General
LOCAL GOVERNMENT
Name
Title
Date
Federal Taxpayer Identification Number
Page 1
2002 PWTF Construction Loan Agreement
·.-..
PARTII: INTRODUCTION
This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its
successor, (referred to as the "BOARD"), a department of the state of Washington, and CITY OF
MARYSVILLE (referred to as the "LOCAL GOVERNMENT").
Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PARTID: PURPOSE
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities
described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL
GOVERNMENT a sum not to exceed $10,000,000.00. The interest rate shall be one-half percent (1/2%)
per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the
final payment due July 1, 2022.
4.02 Local Project Share
The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than fifteen percent
(15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in
ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the
percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged,
or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement
adjusting the loan amount or interest rate, as appropriate.
Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to
project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up
to twelve (12) months prior to the execution of the loan agreement and verified at the time of project
close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN
AGREEMENT.
Page 2
2002 PWTF Construction Loan Agreement
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax collection and loan
repayment. If funds are not available at the time the invoice is submitted, or when the agreement is
executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds, warrants
shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL
GOVERNMENT while undertaking and administering approved project activities in accordance with
ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed
eighty five percent (85%) of the eligible actual project costs. The disbursement of loan proceeds shall be
initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds
will be disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen percent (15%)
of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a
construction contract, a sum not to exceed eighty percent (80%) of the approved Public Works Trust Fund
loan shall be disbursed to the LOCAL GOVERNMENT, except in the case of engineering services
contracts. If the approved project described in ATfACHMENT I: SCOPE OF WORK is solely for the
completion of engineering studies, a sum not to exceed eighty percent (80%) of the approved Public Works
Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT within thirty (30) days of the execution
of a Notice to Proceed following the formal award of a contract for engineering services.
At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty five
percent (85%) of the eligible project costs or the total of $10,000,000.00 whichever is less. The Close-out
Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and
local share.
In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT
has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all
funds in excess of eighty five percent (85%) shall be repaid to the Department of Community, Trade and
Economic Development, or its successor, within thirty (30) days of submission of the Close-out Report.
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue
to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project.
Benefits shall accrue in one of two ways:
I. Reduce the amount of the Public Works Trust Fund loan.
2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK
estimates, ifthere is an overrun of project costs.
Page 3
2002 PWTF Construction Loan Agrccn1cnt
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan
agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or
any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three months after loan agreement execution, and reach project completion no later
than forty-eight ( 48) months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute default of this
agreement and require the inunediate repayment of any loan funds disbursed. In the event of extenuating
circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline
for project completion. The BOARD may, by a two-thirds vote, extend the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion,
unless tenninated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 2003, and subsequent installments are due on
July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of
interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve
30-day months, applied to funds received. Interest will begin to accrue from the date each warrant is issued
to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided
by the loan term remaining plus interest on the unpaid balance of the loan. T11e final payment shall be an
amount sufficient to bring the loan balance to zero.
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and
the right to repay at a faster rate than is provided in this agreement, provided that any such payment must
equal or exceed the principal amount normally due on an annual basis.
Page 4
2002 PWTF Construction Loan Agreement
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the
use of a check, money order, or equivalent means made payable to the Department of Community, Trade
and Economic Development, or its successor, and sent to:
Department of Community, Trade and Economic Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia, Washington 98504-8300
4.07 Repayment Account
Tbe LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan
Security. The name of the fund, account, or sub-account shall be Fund 4 0 2 Utility Construction.
4.08 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A
payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent
payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The
penalty will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per
annum calculated on a 360-day year.
Upon default in the payment of any annual installment, the BOARD may declare the entire remaining
balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its
option with respect to any such repayment in default shall not constitute a waiver by the BOARD to exercise
such option for any succeeding installment payment which may then be in default. The LOCAL
GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action
undertaken to enforce its rights under this section.
111e same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
provided for in Section 4.03.
Page 5
2002 PWTF Construction Loan Agreement
4.09 Loan Security
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial the appropriate option .
. . . . . : :. :.1. General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT .
. ·.· ... · .· ·.·.·
................ ". '.. :. '.· '.t)R ... ·JI :-.~.1·.'· ·.'· ·.''.. ',·.'-,"._2:"· !(}vJ Revenue Obligation: This option may be used only if the entire project is a domestic
:_.~·.-;~":<;-~liter, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing
'.·I:':···· · · a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm
sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water,
sanitary sewer, and storm sewer activities may not use this option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of
the utility system indicated below. Payments shall be made from the net revenue of the utility after the
payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the
utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and
charge of this loan agreement.
OR
Please choose and initial one of the following utility systems:
Water ---
___ Sanitary Sewer (Wastewater)
___ Stormwater
/J)J Water/Sanitary Sewer
___ Stormwater/Sanitary Sewer
Solid Waste ---
3. __ Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL
GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement
District, Local Utility District or other similar special assessment district in which the improvements
financed by this loan are located. The name of the special assessment district is
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make Joan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under
this agreement.
Page 6
2002 PWTF ConstTuction Loan Agreement
4.10 Recordkeeping and Aeeess to Records
The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the
right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT
may contract, involving transactions related to this project and this agreement.
The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a
period of six years from the date of project close-out. If any litigation, claim or audit is started before the
expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4 .11 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish
the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to
this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other
matters covered by this agreement. Failure to file periodic reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold hannless the BOARD, and
the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or
all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL
GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.13 Amendments, Modifications, and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT
may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for
extending the time of performance as provided for in Section 4.05. No modification or amendment resulting
in an extension of time shall take effect until a request in writing has been received and approved by the
BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved
in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may be waived unless approved by the BOARD in writing.
4.14 Tennination for Cause
If the LOCAL GOVERNMENT fails to comply with the tenns of this agreement, or fails to use the loan
proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may
tenninate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL
GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the
effective date of the termination. Upon tern1ination of the loan agreement, the BOARD may declare the
entire remaining balance of the loan, together with any interest accrued, immediately due and payable.
Page 7
2002 PWTF Constmction Loan Agreement
4.15 Termination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no longer available to
the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this
agreement. Termination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and performance hereof
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out
of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is
entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW).
4.17 Severability
If any provision under this agreement or its application to any person or circumstances is held invalid by any
court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be
given effect without the invalid provision.
4.18 Project Completion
The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the
activities identified in ATfACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL
GOVERNMENT will provide the following information to the BOARD:
1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the
project as described.
2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is
complete and has been designed/constructed to required standards.
3. Certification that all costs associated with the project have been incurred. Costs arc incurred when
goods and services are received and/or contract work is performed.
Page 8
2002 PWTF Construction Loan Ab'Teement
4.19 ProjectC!ose-Out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with
the Close-out Report, a request for a sum not to exceed the final five percent (5%) of the loan amount. This
disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT
shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and
the Department of Labor & Industries requirements.
4.20 Audit
Audits of the LOCAL GOVERNMENT'S projed activities may be conducted by the Municipal Division of
the State Auditor's Office in accordance with state law and any guidelines the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by
the LOCAL GOVERNMENT.
4.21 Project Signs
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers
identifying those agencies participating financially in the approved project, the sign or marker must identify
the Washington State Public Works Trust Fund as a participant in the project.
4.22 Utilization of Minority and Women's Business Enterprises CMWBE)
In accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the BOARD
encourages participation by Minority and Women's Business Enterprise firms certified by OMWBE.
Voluntary goals for participation are:
Construction/Public Works 10%MBE 6%WBE
Architect/Engineering 10%MBE 6%WBE
Purchased Goods 8%MBE 4%WBE
Purchased Services 10%MBE 4%WBE
Professional Services 10%MBE 4%WBE
4.23 Nondiscrimination Provision
During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and
state nondiscrimination laws, including, but not limited to 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 LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in
whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the
BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
Page 9
2002 PWTf Construction Loan Agreement
4.24 Historical and Cultural Artifacts
The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during
construction, the LOCAL GOVERNMENT shall inunediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at the Washington State Office of
Archeology and Historic Preservation.
The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or
services related to ATTACHMENT ONE: SCOPE OF WORK.
PARTY: SPECIALASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements,
and ordinances as they pertain to the design, implementation, and administration of the approved project.
Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions ofRCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund
program.
5.02 WAC 399-30-030(3)
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs
for projects assisted with Public Works Trust Fund loans.
5 .03 Assignment
Neither this agreement nor any claims arising under this agreement, shall be transferred or assigned by the
LOCAL GOVERNMENT without prior written consent of the BOARD.
Page 10
2002 PWTF Construction Loan Agreement
PUBLIC WORKS TRUST FUND
ATTACHMENT 1: SCOPE OF WORK
PW-02-691-033
MARYSVILLE
WASTEWATER TREATMENT PLANT UPGRADE
I. Provide a clear description of the project to be financed in part by a Public Works Trust Fund
loan. (Attach additional sheets if necessary)
Construction upgrades to the wastewater treatment plant will consist of the following tasks:
• Upgrade of the existing headworks by adding an additional pumping capacity, mechanical
and manual screens along with the addition of a new Parshall flume.
• Increased filtration capacity with the construction of additional filters. These filters will be
located downstream of the lagoons to remove particulate CBOD and TSS.
• Modification to the existing lagoons and aeration system will be constructed. The
construction will consist of the addition High Speed Surface Aerators with associated
hardware. With this addition of the new aerators the partitioning of the mixed cells will be
upgraded from a curtain system to precast concrete. A walkway and handrail system will be
installed above the concrete partitions to provide access to the mixed cells and DO probes.
• TI1e effluent pump station will be upgraded with new pumps and appurtenances to meet the
20 year projected flow.
2. The term of this loan will be based on an engineer's certification of the expected useful life of
the improvements, as stated below, or 20 years, whichever is less. If the local government
prefers the term of its loan to be less than either 20 years or the useful life of the
improvements, the preferred loan term should be indicated: cXO years.
Date: f)/t.J/OL
Telephone: 3(,()-(of5 I-5'\ 00
foJ~lC!~Tiwt~~D
/_ffi FEB 0 6 2002 l1J
1 wH U' \\111 ((JI l~ I[~ J¥l !\JI ,!,\ifil~ C:\My Docu t~Www\ton'Stffiction 'Scope.rtf~
EXPIRES: 11 /14/¢.~
Scope of Work
Page Two
Pw-02-691-033
Estimated Project Costs:
Engineering
Environmental Review
Land/R-0-W Acquisition
Public Involvement/Information
Other Fees
Construction
Construction Inspection
Contingency LlQ%)
I. Other (Specify)
2. Other (Specify)
TOT AL ESTIMATED COSTS
Anticipated Fund Sources:
A. Federal Grants
State Grants
B. Locally Generated Revenue
General Funds
Capital Reserves
Other Fund
Rates
Assessments
(LID, RID, ULID)
Special Levies
Federal Loan(s) from: (identify all)
State Loan(s) from: (identify all)
Other: (identify sources)
TOT AL LOCAL REVENUE
c. PUBLIC WORKS TRUST FUND LOAN
C:\My Documents\WWTP\Construction Scope.rtf
Total
Costs
$
$
$
$
$
$ $9,764,705
$ $1,000,000
$ $1,076,471
$
$
$ $11,841,176
$
$
$
$ 1,841,175
$
$
$
$
$
$
$
$
$
$
$ $1,841,175
$ 10,000,000
Scope of Work
Page 3
(Enter Loan Number)
Calculating Local Percentage:
Notes: 1. Grant funds can not be counted as local match.
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue Local Percentage 15.5%
The local contribution must be at least:
Five percent (5%)
Ten percent (10%)
Fifteen percent ( 15%)
C:\My Documents\WWTP\Construction Scope.rt!
for a Joan interest rate of 2o/o
for a loan interest rate of 1 o/o
for a loan interest rate of .5o/o
Public Works Trust Fund
. ATTACHMENT II: ATTORNEY'S CERTIFICATION
I, __ G_r_a_n_t_K_. _w_e_ed ________________ • hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the __ C_i_t~y~o_f_M_a_r~y_s_v_i_l_l_e_,_W_a_s_h_i_n_g_t_o_n ____ ~---------
(the LOCAL GOVERNMEND; and
I have also examined any and all documents and records which are pertinent to the loan
agreement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The LOCAL GOVERNMENT is a public body, properly constituted and operaling 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 sel forth in their application.
2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial
assistance and to provide for repayment of the loan as set forth in the loan agreement.
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 LOCAL
GOVERNMENT from repaying the Public works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to
litigation which will materially affect its ability to repay such loan on the terms contained in
the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the LOCAL GOVERNMENT.
2-:LI ~CJ!
Signature of Attorney Date
Grant K. Weed
Name
21 Avenue A, Snohomish, WA 98290-2962
Address