HomeMy WebLinkAboutContract • *CAG-01-175
PUBLIC WORKS TRUST FUND
PRE-CONSTRUCTION LOAN AGREEMENT
NUMBER PW-01-691-PRE-117
RENT ON
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to.by the
PUBLIC WORKS BOARD and the LOCAL GOVERNMENT. This contract consists of ten pages and
two attachments. An attachment to this agreement,ATTACHMENT I: SCOPE OF WORK,consists of
a description of local project activities, certification of the project's useful life, and identification of
estimated project costs and fund sources and is, by this reference, incorporated into this agreement as
though set forth fully herein. In addition,ATTACHMENT II: ATTORNEY'S CERTIFICATION,is by
this reference incorporated into this agreement.
The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of
the date and year last written below.
DEPARTMENT OF COMMUNITY, LOCAL GOVERNMENT
TRADE AND ECONOMIC
DEVELOPMENT
Steve Wells N Jesse Tanner
Director, Local Government Division Mayor - CITY OF RENTON
Title Title
b��/_o
Date Date
APPROVED AS TO FORM ONLY 91-6001271
27`h Day of April, 2000
Christine O. Gregoire Federal Taxpayer Identification Number
Attorney General
By: Signature on File ATTEST:
Assistant Attorney General -�_
Marilyn J. Petersen), City Clei_-l.•:
Jeanne A. Cushman
(Print Name)
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2000 PWTF Pre-Construction Loan Agreement
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PART IL• INTRODUCTION
This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, (or its
successor) a department of the state of Washington (referred to as the 'BOARD"), and RENTON
(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.
PART III: PURPOSE
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local
public works project which furthers the goals and objectives of the Washington State Public Works
Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include
the activities described in ATTACHMENT I: SCOPE OF WORK. 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$567,831.00. 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 5 years,
with the final payment due July 1,2006.
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.
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2000 PWTF Pre-Construction Loan Agreement
Local project share must consist of expenditures eligible under WAC 399-30-030k,3) and be related
only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may
be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time
of project close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO-EXECUTION OF THIS LOAN
AGREEMENT.
4.03 Disbursement of Loan Proceeds
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 seventy-five
percent (75%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL
GOVERNMENT.
At the time of project completion, a Close-out Report, (refer to Section 4.18 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$567,831.00, whichever is less, nor shall
this disbursement occur prior to the completion of all project activities. The Close-out Report shall
serve as a contract AMENDMENT for determining the final loan amount,interest rate, and local share.
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2000 PWTF Pre-Construction Loan Agreement
In the event that the final costs identified in the Close-out Report indicate that the
LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of 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:
1. Reduce the amount of the Public Works Trust Fund loan.
2. Pay any part of the eligible project costs that are in excess of ATTACHMENT I: SCOPE OF
WORK estimates if there is an overrun of project costs.
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the
Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of
this loan agreement. Such procedures shall consist of the establishment of a separate fund, account,
sub-account or any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE
OF WORK no later than three (3) months after the date of loan agreement execution and reach project
completion no later than eighteen(18)months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute default of
this agreement and require the immediate repayment of any loan funds disbursed. In the event of
extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD
extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the
deadline.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 2002, 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 the
BOARD issues each warrant 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. The final payment shall be an amount sufficient to.bring the loan balance to zero.
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2000 PWTF Pre-Construction Loan Agreement
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loantin full at any time,
and the right to repay at a faster rate than is provided in this agreement,provided that any such payment
must equal or exceed the amount normally due on an annual basis.
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through
the use of a check, money order, or equivalent means made payable to the Department 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
The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation
revenues, or a combination thereof. The name of the fund, account, or sub-account shall be
Watorworks; 11H 1 i ty. Construction.
4.08 Default in Repayment
Loan repayments shall be made to the Department of Community, Trade and Economic
Development, or its successor, 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(3 1) 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.
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2000 PWTF Pre-Construction Loan Agreement
4.09 Loan Securi ty
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.
OR Ni ue Obligation: This option may be used only if the entire project is a
g P Y Y P J
dom t water, _ sanitary sewer, storm sewer, or solid waste utility project. LOCAL
GOVERNMENTS performing 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 oil net
revenue superior to the lien and charge of this loan agreement.
Please choose and initial o e of the following utility systems:
Water
Sanitary Sewer(Wastewater)
Stormwater
Water/Sanitary Sewer
Stormwater/Sanitary Sewer
Solid Waste
OR
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 loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations
under this agreement.
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2000 PWTF Pre-Construction Loan Agreement
4.10 Recordkeeping and Access 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 these records for a period of six years from the date of
project completion.
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 harmless 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 of this agreement for the purpose of modifying the
SCOPE OF WORK or for extending.the time of performance as provided for in Section 4.05. No
modification or amendment resulting in an extension of time shall take effect until a request in writing
has been received and approved by the Board in accordance with Section 4.05. No amendment or
modification shall take effect until approved in writing by both the 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 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the
loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the
BOARD may terminate 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
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2000 PWTF Pre-Construction Loan Agreement
termination, and the effective date of the termination. Upon termination of the loan agreement, the
BOARD shall declare the entire remaining balance of the loan, together with any interest accrued,
immediately due and payable.
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 ATTACHMENT I: SCOPE OF WORK are completed. In the report, the
LOCAL GOVERNMENT will provide the following information to the BOARD:
1. A copy of the Close-out Report.
2. A copy of the a resolution accepting the design project as being complete.
3. Certification that all costs associated with the project have been incurred. Costs are incurred when
goods and services are received and/or contract work is performed.
4.19 Project Close-out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together
with the Close-out Report, a request for a sum not to exceed the final twenty-five percent (25%) of the
loan amount.
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2000 PWTF Pre-Construction Loan Agreement
4.20 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal
Division of the State Auditor's Office in accordance with state law and any guidelines the Department
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(MWBE)
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.
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2000 PWTF Pre-Construction Loan Agreement
PART V: SPECIAL ASSURANCES '
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws,
requirements, and ordinances as they pertain to the design, implementation, and administration of the
approved project. Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding
competitive bidding requirements for projects assisted in whole or in part with money from the Public
Works Trust Fund program.
5.02 WAC 399-30-030(3)
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible
costs for projects assisted with Public Works Trust Fund loans.
5.03 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.
5.04 Historical and Cultural Artifacts
The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during
construction, the LOCAL GOVERNMENT shall immediately 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 I: SCOPE OF WORK.
5.05 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.
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2000 PWTF Pre-Construction Loan Agreement
PUBLIC WORKS TRUST FUND
Pre-Construction Program f+.
ATTACHMENT 1: SCOPE OF WORK
PW-01-691-PRE-117
Renton
Maplewood Water Treatment Improvements Design
1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund
loan. (Attach additional sheets if necessary):
Piloting,pre-design and design for the construction of treatment plant modifications/additions to
remove iron,manganese,hydrogen sulfide and ammonia from the Maplewood wellfield(Source#S 14,
which includes wells PW-11,PW-12 and PW-17). Plant capacity will be approximately 7.9 MGD.
Conduct a pilot study with taste and odor evaluation of the following treatment technologies:
Manganese and hydrogen sulfide removal will be evaluated using adsorption/catalytic filtration
processes using chlorine(sodium hypochlorite)as the oxidant. Pyrolucite,manganese greensand with
an anthracite cap and oxide-coated silica sand with an anthracite cap filter media will be evaluated. If
these processes'performances are inadequate,then oxidation/filtration will be piloted using potassium
permaganate(with or without chlorine).
Ammonia removal will be evaluated using clinoptilolite and breakpoint chlorination. Clinopilolite is
an ion exchange media(a zeolite)that preferentially removes ammonia.
For the piloting the production pump and pump column of Well PW-11 will be temporarily replaced
with a lower capacity pump and pump column to allow continuous pumping and piloting. The
production pump and pump column will be reinstalled after the piloting has concluded.
The products of this study will include: 1)survey and base map of proposed plant site, 2)estimates of
space requirements 3)budgeting level cost estimates of design costs,capital costs and operations and
maintenance costs as well as staffing estimates,and 4)pre-design report that documents the piloting
and taste and odor evaluation and will be used as the basis.for the detailed design phase and meets the
requirements for Project Reports per WAC 246-290-110,Project Report.
Prepare final design,plans,specifications,bid schedule,and engineer's costs estimate for construction
of treatment plant modifications/additions to provide the treatment selected from those evaluated
during the pre-design/piloting study.
Provide permitting and approval assistance.
Provide services during bidding and award.
2. The term of this loan will be five years.
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Scope of Work
Page Two
PW-01-691-PRE-117
Estimated Project Costs:
Total
Engineering $ 636,700
Environmental Review $ 5,000
Land/R-O-W Acquisition $
Other Fees(DOH, City Insp& $ 1,600
Aprvl)
Contingency(5%) $ 32,190
1. Other(specify) $
Public Involvement/Information $ 500
TOTAL ESTIMATED COSTS $ 675,990
Anticipated Fund Sources:
A. Federal Grants $
State Grants $
B. Locally Generated Revenue $
City of Renton 421 Account $ 108,159
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)
TOTAL LOCAL REVENUE $ 108,159
C. PUBLIC WORKS TRUST FUND LOAN $ 567,831.
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Scope of Work
Page 3 :.
PW-0 1-691-PRE-117
Calculating Local Percentage: (Note:Please exclude any expansion/growth costs and funding before
calculating the local percentage.)
Calculate as follows:
Total Local Revenue
PWTF Loan+Total Local Revenue = Local Loan Percentage
$108,159
$108,159+$567,831 = 16%
The local contribution must be at least:
Five percent(5%) for a loan interest rate of 2%
Ten percent(10%) for a loan interest rate of I%
Fifteen percent(15%) for a loan interest rate of 0.5%
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Public Works Trust Fund
ATTACHMENT Il: ATTORNEY'S CERTIFICATION c.
LAWRENCE J. WARREN
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 RENTON
(the LOCAL GOVERNMENT); 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 operating under the
laws of the State of Washington, empowered to receive and expend federal, state and local
funds,to contract with the State of Washington, and to receive and expend the funds
involved to accomplish the objectives set forth in their application.
2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial
assistance and to provide for repayment of.the loan as set forth in the loan agreement.
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
limi io s applicable to the LOCAL GOVERNMENT.
—of
nature of Attorney/ Date
'lit e- c'e V',—
Name
o froy o x-te
Address '
` G-01-175 Adden. #1-03 03
0—MENDMENT NUMBER 1
f
PUBLIC WORKS TRUST FUND LOAN AGREEMENT NUMBER
PW-01-691-PRE-117
BETWEEN
THE PUBLIC WORKS BOARD
AND
CITY OF RENTON
The purpose of this amendment is to extend the term of Public Works Trust Fund Loan Agreement Number PW-01-
691-PRE-117 from five years to twenty years. This amendment is being entered into based on Pre-Construction
program policy adopted by the Public Works Board at its February 3, 1998 meeting.
The PUBLIC WORKS BOARD,(or its successor)a department of the state of Washington(hereinafter referred to as
the"BOARD")and the City of Renton(hereinafter referred to as the"LOCAL GOVERNMENT")agree to amend
Public Works Trust Fund Loan Agreement Number PW-0 1-691-PRE-1 17 as described below.
Section 4.01 Rate and Term is amended to read as follows:
The BOARD, using funds appropriated from the Public Works Assistance Account,shall loan the LOCAL
GOVERNMENT a sum not to exceed $567,831_ 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 twenty years,with the final payment due July 1,
2021.
A copy of this amendment,consisting of one(1)page shall be attached to and incorporated into the original
agreement between the BOARD and the LOCAL GOVERNMENT. Any reference in such agreement to the
"agreement" shall mean "agreement as amended." All other items and conditions of the original loan agreement or
prior amendments shall remain in full force and effect.
IN WITNESS THEREOF,the BOARD and the LOCAL GOVERNMENT have executed this amendment as of the
date and year last written below.
PUBLIC WORKS BOARD LOCAL GOVERNMENT
John LaRoc ,Executive Directo Sign re
Public Wor oard
Je e Tanner
G� /0-T
Date Mayor-City of Renton
APPROVED AS TO FORM ONLY Quli I3 a DD 3
10`h Day of May,2000 Date
Christine O. Gregoire
Attorney General
ATTEST: 1 -4,4 LU�
By: Signature on File Bonnie Walton,City Clerk
Assistant Attorney General
Jeanne A.Cushman
Rentonnet/agnbill/ bh
fr 1 Public Works Board
Public Wo*Trust Fund i
Pre-Construction Loan Program CAG-01-175 Adden #2-04
O Project Close-Out Report
Loan Agreement Number: PW-01-691-PRE-117
NOTE: This report shall serve as a contract'AMENDMENT for determining the final:10aif amount,
interest rate,and local share and shalt be attached and incorporated into the loan agreement. The
report accounts for funds associated with the Public Works.Trust Fund Loan Agreement's Scope
of Work. Costs outside of the Scope of Work are not accounted for by this report
City of Renton
1055 South Grady Way Kathy K ker-Wheeler
Renton, WA 98055 Mayor �1 /N.�,C
ATTEST:
NOTE: This document is to certify that the project,as describedBin ie u iIic: orr Vs Y.rus ri Loan,
Agreement's Scope of Work,�s complete and has met the Public Works Trust Fund IiVannin g
standards.
... ._......__.
SECTION 1: Estimated and Actual Project Expenditures by Cost Category.
'COSTVX GORY ESTIMATED ACTUAL
' ..
Engineering A. $636,700.00 H $1,298,294.18
Environmental Review B. 5,000.00 I. $ 9,014.29
Land/ROW Acquisition C. J.
Other Fees D. 1,600.00 K $ 4,939.22
Contingency E. 32,190.00 L.
Public Involvement/Information F. 500.00 M Included in I
TOTAL PROJECT COST G. $675,990.00 1 N $1,312,247.69
SECTION 2: Certification
The chief executive officer of the jurisdiction certifies that:
• To the best of his/her knowledge,the data provided in this report is true and correct as of the date
indicated below;
• Records supporting the information provided in this report are on file and will be made available by
the jurisdiction upon request; and
• There are no outstanding liens against this project
J', - 12 MAI Zba�
ture of Project Engineer or Consultant Date
JoH A Wilson,Project Engineer
Signature f Chief Executive Officer Date
Kathy Keolker-Wheeler,Mayor
ATTEST:
State of WASHINGTON Bonnie I. Walton, City Clerk
County of KING
On this 20th day of May ,20 04, Kathy Keolker-Wheeler ,
personally appeared before me,
X who is/are known to me,
whose identity I verified on the bases of ,
whose identity I verified on the oath/affirmation of ,a credible witness,
to be the signer/s of the foregaig document,and h s e ey acknowledged that h she hey signed it.
y ;rte
A
Su n D. Uo—m-FaIrd Notary Public
(Seal or Stamp) My Commission Expires: 9/9/2005
SECTION 3: Attach a copy of the following:
• A copy of the formal action accepting the project design as being complete.
C:\Data Files\Projects\Maplewood Treatment Improvements\PWTF Pre-Construction Loan\Close-out\Renton pw-01-pre-117-Close-out.doc
Return this worksheet with Close= eport
WORKSHEET FOR CALCULATING THE FINAL DRAW/MATCH
Unlike the first two vouchers,the Public Works Board staff is unable to calculate the amount of the final draw. Two
variables essential to the calculation are known only by the jurisdiction, i.e.,the actual total eligible project cost and the
interest earned on the PWTF funds. The worksheet provided here is designed to assist the jurisdiction in calculating the
amount of the final draw.
Worksheet:
Step 1. Identify the Actual total eligible project cost from Section 1 (N). 1. $1,312,247.69
Step 2. PWTF contract's face amount. 2. 567,831.00
Step 3. Identify the Actual local funds used as match*Eligible costs may be considered local 3. 744,416.69
share from: November 14,2000
Step 4. Identify other federal or state grants used for project costs. 4. 0.00
Step 5. Balance of eligible project cost(subtract line 4 from line 1). 5. 1,312,247.69
Step 6. Multiply line 5 by 85%,90%, or 95%as set defined in the"Disbursement of Loan 85%
Proceeds"section in the loan agreement 6. 1,115,410.54
Step 7. Identify interest earned on PWTF funds. 7. 2,946.16
Step 8. Subtract line 7 from line 6. 8. 1,112,464.38
Step 9. Enter the lesser of line 2 or line 8 (or a local option of an elective amount less than both line 9. 567,831.00
2 and line 8).
Step 10. Amount drawn from the project's PWTF allocation to date. 10. 425,873.25
Step 11. To calculate the final draw amount for the project,subtract line 10 from line 9 11. 141,957.75
Step 12. Percent of local share(divide line 3 by the sum of lines 3 &9). 12. 56.73%
Local Funds Included: ro• Loans(state,federal,and local)
•
Locally generated revenue
Local Funds Excluded: • Interest earned on PWTFfunds
• All grants
C:\Data Files\Projects\Maplewood Treatment Improvements\PWTF Pre-Construction Loan\Close-out\Renton pw-0l-pre-117-Close-out.doc
FORM STATE SHINGTON GENCY USE ONLY
j' All 9-1 A AGENCY NO. CONTRACT NO.ORGAAUTH.NO.
INVOICE VOUCHER 103 PW-0 1-691-PRE-1 17
AGENCY NAME r7kSTRUCTIONS TO VENDOR OR CLAIMANT;
Public Works Board In the absence of a detailed invoice,submit this form to claim payment for
Evergreen Plaza Building materials,merchandise or services. Show complete detail for each item.
711 Capital Way, Suite 102 Vendor's Certificate:
PO Box 48319 I hereby certify under penalty of perjury that the items and totals listed herein are
proper charges for materials,merchandise or services furnished
Olympia, WA 98504-8319
VENDOR OR CLAIMANT(warrant is to be payable to) to the State of Washington,and that all goods furnished and/or services
rendered have been provided without discrimination because of age,sex,marital
status,race,creed,color,national origin,handicap,religion,or Vietnam era or
City of Renton disabled veteran status.
1055 South Grady Way
Renton, WA 98055 By.
(Sign in ink)
(Title) (Date)
FEDERAL I.D.NO.OR SOCIAL SECURITY NO. RECEIVED BY DATE RECEIVED
DATE DESCRIPTION QUANTITY UNIT PRICE AMOUNT
PW-01-691-PRE-117
Final Voucher
Loan Amount 567,831.00
Previous Draws 425,873.25
Balance 141,957.75
Total Final Voucher $ 141,957.75
PREPARED BY(Fiscal) DATE SERVICE AREA APPROVAL DATE
DOC DATE CURRENT DOC NO REF DOC NO VENDOR NUMBER VENDOR MESSAGE
M SUB
TRANS O APPN PROGRAM SUB SUB INVOICE GENERAL
SUF CODE D FUND INDEX INDEX OBJ OBJ CNTY CITY PROJECT AMOUNT NUMBER LEDGER
APPROVED FOR PAYMENT BY FISCAL ::: DATE WARRANT TOTAL
C:\DataFiles\Prqjects\Maplewood Treatment Improvements\PWTF Pre-Construction Loan\Close-out\Renton pw-0l-pre-117-Close-out.doc
l
• • •
Washington State CNY Of Re
Public Works Board nt®"
Post Office Box 48319 ®CT 1 200?
Olympia,Washington 98504-8319 Fin&7C. IS
October 9, 2007
/CITYOFRENTON -:
NOV 0 8 2007
Mr. Michael Bailey RECEIVED
City Of Renton CITY CLERK'S OFtCt=
1055 S Grady Way
Renton, WA 98058
Regarding: Public Works Trust Fund Loan Agreements
6p, -qa -o65 • PW-5-92-280-033 • PW-5-93-280-040 Cfly - 93-06(
C'A4-93-o55• PW-5-93-280-041 • PW-5-94-784-032 CRq- q9- 0445
Cft4_ qs-059• PW-5-95-791-032 • PW-5-95-791-033 CAy- q5- o57
q6- 076 • PW-5-96-791-044 • PW-5-96-791-045 eAq_ q6 -0,7q
CAS-97 '130' PW-97-791-028 • PW-01-691-PRE-117 o(- 1?5
epr4- o2-o-79 0 PW-02-691-045
Dear Mr. Bailey:
Enclosed are fully executed originals of amendments to your Public Works Trust Fund
Loan Agreements ('see precise loan numbers above). These amendments remove the
acceleration clause in the above referenced loans. Please keep this original with other
local records related to your approved Public Works Trust Fund Loan Agreements.
If you have any questions please call, Isaac Huang, your Client Services Representative,
at (360) 586-4129 or you may call me at(360) 586-4135.
S . cerel ;
Y
Cathy Brockmann
Contract Specialist
CLB:ac
Enclosure
Administrative services provided by the Department of Community,Trade and Economic Development
(360)586-4120 Fax(360)664-3029 Web site: www.pwb.wa.gov
AMENDMENT NUMBER 2 CAG-01-175, Adden #3-07
PUBLIC WORKS TRUST FUND
LOAN AGREEMENT NUMBER PW-01-691-PRE-117
BETWEEN
THE PUBLIC WORKS BOARD
AND
CITY OF RENTON
WHEREAS, the Public Works Board (hereinafter referred to as BOARD) is authorized to make loans to
BORROWERS pursuant to the-provisions of Chapters 43.155 and 39.69 of the Revised Code of Washington, as
supplemented and amended;and
WHEREAS, CITY OF RENTON (hereinafter referred to as BORROWER) desires to amend. Loan Agreement
Number PW-0 1-691-PRE-117; and
WHEREAS, consistent with its governmental purposes; the BOARD has an established program of lending money
to BORROWERs that, among other things, is intended to (i) minimize borrowing costs to BORROWERS, (ii)
operate with low administrative burdens on the BOARD and'BORROWERS, (iii) ensure future participation by
BORROWERS in the program and(iv)provide reasonable loan security for the BOARD and its funds; and
WHEREAS, the BOARD's standard loan agreements contain provisions (the "Acceleration Provisions") allowing
the BOARD, in certain circumstances, to declare the entire remaining balance of a loan made thereunder, together
with accrued interest,immediately due and payable; and
WHEREAS, various BORROWER borrowers under the BOARD's programs believe that the Acceleration
Provisions increase the cost of incurring indebtedness with a lien senior to that of the BOARD's loans and have
requested that the BOARD either modify,the loan agreements to remove the Acceleration Provisions or otherwise
agree not.to exercise the Acceleration Provisions; and
WHEREAS; the BOARD, after receiving the analysis of its staff and advisors,has determined that the Acceleration
Provisions have increased borrowing costs for certain borrowers and are likely to increase such costs in the future;
and
WHEREAS, the BOARD has rarely invoked acceleration as a remedy against the borrowers under its loan
programs, has various other rights under the loan agreements following a default by a borrower and operates its
programs without requirements that may be associated with a leveraged loan program; and
WHEREAS, consistent with its program of lending, the BOARD desires to minimize the impact of its loan
agreements on the borrowing costs of BORROWERS and to increase demand for its loans; and
WHEREAS, existing remedies contained within the loan agreements, together with clarifications of certain of the
BOARD's existing rights in relation to other creditors, provide protection to the BOARD and its funds which the
BOARD deems sufficient in light of its desire to decrease borrowing costs for BORROWERS; and
WHEREAS, on February 4, 2003 the BOARD modified its form loan agreements by removing acceleration
provisions and adding provisions clarifying the existing right of the BOARD to notify a borrowers other creditors
upon an event of default or other failure to comply with a loan agreement; and
WHEREAS, consistent with its program of lending, the BOARD desires that its loan provisions be generally
consistent and, therefore, desires to amend its existing loan agreements to conform to the modifications of its form
loan agreements; and
• • • •
WHEREAS, the BOARD has lent funds to the BORROWER and the BORROWER is authorized to enter into loan
agreements with the BOARD pursuant to the provisions of Chapter 39.69 of the Revised Code of Washington, as
supplemented and amended; and
WHEREAS, the execution and delivery of this Amendment has been duly authorized pursuant to proper action of
the BOARD and of the governing body of the BORROWER; and
WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed
precedent to and in connection with the execution and delivery of this Amendment, have happened and have been
performed in regular and due time, form and manner as required by law, and the parties hereto are now duly
authorized to execute,deliver and perform their respective obligations under this Amendment;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other
valuable consideration, the sufficiency of which is hereby acknowledged,the BOARD and the BORROWER agree
to amend Public Works Trust Fund Loan Agreement Number PW-0 1-691-PRE-1 17as described below:
Section 4.05 Time of Performance is amended to delete the original section and replace it with the
following:
The BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no
later than three(3)months after the date of loan agreement execution, and reach project completion no later
than eighteen(18)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. In the event of extenuating circumstances, the BORROWER may request, in writing, that the
BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the
deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion,
unless terminated sooner as provided herein.
Section 4.08 Default in Repayment is amended to delete the original section and replace it with the
following:
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 (3 1) 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.
The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
provided for in Section 4.03.
The BORROWER 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 BORROWER of
such delinquency including, without limitation,the state government and the United States of America or its
agencies, credit rating agencies, and the municipal finance market.
The BORROWER shall pay the costs and reasonable legal fees incurred by the BOARD in any action
undertaken to enforce its rights under this section.
I w
00 • 0
Section 4.14 Termination for Cause is amended to delete the original section and replace it with the
following:
If the BORROWER fails to comply with the terms of this agreement, or fails to use the loan proceeds only
for those activities identified in ATTACHMENT 1: SCOPE OF WORK, the BOARD may terminate the
agreement in whole or in part at any time. The BOARD shall promptly notify the BORROWER 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 BORROWER obligations to repay—the unpaid balance of the loan.
Section 4.15 Termination for Convenience is amended to delete the original section and replace it with the
p
following:
The BOARD may terminate this agreement in the event that federal or state funds are no longer available to
the BOARD, or are otherwise 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
BORROWER. Nothing in this section shall affect BORROWER obligations to repay the unpaid balance of
the loan.
A copy of this amendment,consisting of 3 pages, shall be attached to and incorporated into the original
agreement between the BOARD and the BORROWER. All other items and conditions of the original
loan shall remain in full force and effect.
IN WITNESS THEREOF,the BOARD and the BORROWER have executed this amendment as of the
date and year last written below.
PUBLIC O BO BORROWER
r
Kelly Snyder, Assista D' ctor ignature
Print Name
Date Title
Oc�l� I, Zook
APPROVED AS TO FORM ONLY Date
This 24"'Day of March, 2003
Christine O. Gregoire
Attorney General Fed al Taxpayer Identification Number
By: Signature on File
Jeanne A. Cushman
Assistant Attorney General