HomeMy WebLinkAboutContract r.r CAG-93-055
PUBLIC WORKS TRUST FUND
CONSTRUCTION
LOAN AGREEMENT
NUMBER PW-5-93-280-041
City of Renton
PART I: ENTIRE AGREEMENT
This agreement,and incorporated attachments, contains all terms and conditions agreed to by the
DEPARTMENT and the LOCAL GOVERNMENT. This contract consists of nine pages and two
attachments. An attachment to this agreement,ATTACHMENT I: SCOPE OF WORK,consists of
a description of local project activities, certification of the project's useful life, and identification of
estimated project costs and fund sources and is,by this reference,incorporated into this agreement
as though set forth fully herein. In addition, ATTACHMENT ll: ATTORNEY'S CERTIFICATION,
is by this reference incorporated into this agreement.
The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date
and year last written below.
DEPARTMENT OF COMMUNITY LOCAL GOVERNMENT
DEVELOPMENT
a e ar yme
Title Title Mayor
Date Date
Approved as to Form by 91-6001271
Attorney General Taxpayer Identification Nu r
ATTES
istan orney General Marilyn J. ersen, City Clerk
Dat
1 Construction Loan Agreement
PART 11: INTRODUCTION
This loan agreement is made and entered into by and between the DEPARTMENT OF
COMMUNITY DEVELOPMENT, a department of the state of Washington (referred to as the
"DEPARTMENT")on behalf of the PUBLIC WORKS BOARD(referred to as the"BOARD"),and the
City of Renton (referred to as the "LOCAL GOVERNMENT').
The DEPARTMENT has received an appropriation from the Washington State Legislature under
the authority of Chapter 43.155 RCW to provide financial assistance to selected units of local
government for the repair, replacement,reconstruction, rehabilitation,or improvement of bridges,
roads, domestic water systems, sanitary sewer, and storm sewer systems. Acting under the
authority of Chapter43.155 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 DEPARTMENT and the LOCAL GOVERNMENT have entered into this agreement to
undertake a local public works project which furthers the goals and objectives of the Washington
State Public Works Trust Fund Program. The project will be undertaken by the LOCAL
GOVERNMENT and will include the activities described in ATTACHMENT 1: SCOPE OF WORK,
as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL
GOVERNMENT and upon which this agreement is based. The assisted project must be
undertaken in accordance with PART IV: TERMS AND CONDITIONS,and all applicable state and
local laws and ordinances,which by this reference are incorporated into this agreement as though
set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The DEPARTMENT, using funds appropriated from the Public Works Assistance Account, shall
loan the LOCAL GOVERNMENT a sum not to exceed$2,542,704. The interest rate shall be two
percent (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, 2013.
4.02 Local Project Share
The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than twenty
percent (20%) 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 amendmentto this agreement adjusting the loan amount or interest rate,as appropriate.
2 Construction Loan Agreement
Local project share must consist of expenditures eligible under WAC 399-30-030(3)and be related
only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures
may be made up to twelve (12) months prior to the execution of the loan agreement and verified
at the time of project close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN
AGREEMENT.
4.03 Disbursement of Loan Proceeds
The DEPARTMENT shall issue warrants to the LOCAL GOVERNMENT for payment of allowable
expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved
project activities in accordance with ATTACHMENT l: SCOPE OF WORK. In no event shall the
total Public Works Trust Fund loan exceed eighty percent(80%)of the eligible actual project costs.
The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a
Washington State Invoice Voucher form provided by the DEPARTMENT. The loan funds will be
disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen
percent (15%) of the approved Public Works Trust Fund loan shall be disbursed by the
DEPARTMENT to the LOCAL GOVERNMENT.
Within thirty(30) days of the execution of a.Notice to Proceed which follows the formal award of a
construction contract, a sum not to exceed seventy-five percent (75%) of the approved Public
Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT,
except in the case of engineering services contracts. If the approved project described in
ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies,a sum not
to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be
disbursed by the DEPARTMENT to the LOCAL GOVERNMENT within thirty (30) days of the
execution of a Notice to Proceed following the formal award of a contract for engineering services.
At the time of project completion,a Close-out Report, (refer to Section 4.19 for Close-out Report),
shall be submitted to the DEPARTMENT by the LOCAL GOVERNMENT certifying total actual
project costs. The Close-out Report shall include copies of the approved closure reports from the
Department of Revenue and the Department of Labor& Industries.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of
eighty percent(80%) of the eligible project costs or the total of$2,542,704,whichever is less, nor
shall this disbursement occur prior to the completion of all project activities and clearance of all
Close-out documents from the Department of Revenue and the Department of Labor& Industries.
The Close-out Report shall serve as a contract AMENDMENTfor 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 percent
(80%) of eligible costs, all funds in excess of eighty percent (80%) shall be repaid to the
DEPARTMENT within thirty (30) days of submission of the Close-out Report.
3 Construction Loan Agreement
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on funds disbursed by the DEPARTMENT and held by the LOCAL
GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the
eligible costs of the approved project. Benefits shall accrue in one of two ways:
1. Reduce the amount of the Public Works Trust Fund loan.
2. Pay part of the eligible project costs that are in excess of ATTACHMENT I: SCOPE OF
WORK estimates. (Overrun of project costs.)
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the
Public Works Trust Fund loan can be readily identified and accounted for at any time during the life
of this loan agreement. Such procedures shall consist of the establishment of a separate fund,
account, sub-account or any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE
OF WORK no later than October 1, 1993 and reach project completion no later than thirty (30)
months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute
default of this agreement and require the immediate repayment of any loan funds disbursed. In the
event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the
BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote,extend
the deadline.
The temp of this agreement shall be for the entire term of the loan, irrespective of actual project
completion, unless terminated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 1994 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 two percent (2%) per annum, calculated on a 360-day
year of twelve 30-day months, applied to funds received from the DEPARTMENT. Interest will
begin to accrue from the date the DEPARTMENT issues each warrant to the LOCAL
GOVERNMENT.Subsequent repayments shall consist of 1/19 of the principal plus interest on the
unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan
balance to zero.
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time,
and the right to repay at a faster rate than is provided in this agreement, provided that any such
payment must equal or exceed the amount normally due on an annual basis.
4 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
and sent to:
Department of Community Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48319
Olympia,Washington 98504-8319
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
See 4.10
4.08 Default in Repayment
Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this
agreement. A payment not received within thirty (30) days of the due date shall be declared
delinquent. Delinquent payments shall be assessed a penalty of twelve percent (12%)interest per
annum calculated on a 360-day year.
Upon default in the payment of any annual installment,the DEPARTMENT may declare the entire
remaining balance of the loan,togetherwith interest accrued,immediatelydue and payable. Failure
to exercise its option with respect to any such repayment in default shall not constitute a waiver by
the DEPARTMENT to exercise such option for anysucceeding installment paymentwhich may then
be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred
by the DEPARTMENT in any action undertaken to enforce its rights under this section.
4.09 General Obligation
This loan is a general obligation of the LOCAL GOVERNMENT, except in the case of utility
systems, in which case, Section 4.10 shall prevail.
4.10 Utility System Repayment and Debt Parity
This section is for the use of LOCAL GOVERNMENTS desiring to specify that debt repayment is
not a general obligation of the LOCAL GOVERNMENT. This section may be used only if the entire
project is a domestic water,sanitary sewer or storm sewer utility project. LOCAL GOVERNMENTS
performing a storm sewer project that have not created a storm sewer utility or storm water utility
may not use this section. Projects providing for a mixture of bridge,road,domestic water,sanitary
sewer, and storm sewer activities may not utilize this section.
In accordance with Section 4.06 of this agreement,the LOCAL GOVERNMENT shall be obligated
to make all such repayments only from the net revenue of the LOCAL GOVERNMENT'S
water and sewer utility after the payment of the principal of and interest on any outstanding
water and sewer utility revenue bonds or notes at any time outstanding which constitute a
5 Construction Loan Agreement
lien or charge on that net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operation. This loan agreement is not a general obligation of the
LOCAL GOVERNMENT.
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due,and to adjust rates,fees,or surcharges,if necessary,to meet its obligations
under this agreement.
4.11 Recordk .Ppin9 and Access to Records
The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require.
Such records will include information pertinent to work undertaken as part of the project, including
demonstration of compliance with the terms and provisions of this agreement and all applicable
state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records
for a period of three years from the date of project completion.
The DEPARTMENT and duly authorized officials of the state shall have full access and the right
to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL
GOVERNMENT may contract, involving transactions related to this project and this agreement.
4.12 Renorts
The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the
BOARD may require,shall furnish the DEPARTMENT with such periodic reports as it may request
pertaining to the activities undertaken pursuant to this agreement including, but not limited to,
quarterly progress reports,the Close-Out Report,and any other matters covered by this agreement.
Failure to file periodic reports as requested may result in termination of this agreement as per
Section 4.16.
4.13 Indemnificatinn
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the
DEPARTMENT, the BOARD, and the state of Washington from and against any and all claims,
costs, damages, expenses,or liability for any or all injuries to persons or tangible property, arising
from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or
subcontractors, or any employees or agents of either in the performance of this agreement,
however caused. In the case of negligence of both the DEPARTMENT and the LOCAL
GOVERNMENT,any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.14 Amendments. Modifications and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL
GOVERNMENT may request an amendment of this agreement for the purpose of modifying the
SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No
modification or amendment resulting in an extension of time shall take effect until a request in
writing has been received and approved by the Board in accordance with Section 4.05. No
6 Construction Loan Agreement
amendment or modification shall take effect until approved in writing by both the DEPARTMENT
and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this
agreement may be waived unless approved by the DEPARTMENT in writing.
4.15 Disputes
Except as otherwise provided in this agreement,any dispute concerning a question of fact arising
under this agreement that is not disposed of by this agreement shall be decided by a panel
consisting of a representative of the DEPARTMENT, a representative of the LOCAL
GOVERNMENT,and a representative of the BOARD. The panel shall reduce its decision to writing
and furnish a copy to all parties to the agreement. The decision of the panel shall be final and
conclusive.
This clause does not preclude the consideration of questions of law in connection with decisions
provided for in the preceding paragraph provided that nothing in this agreement shall be construed
as making final the decisions of any administrative official, representative, or board on a question
of law.
4.16 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the
loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the
DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT
shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the
reason for such termination,and the effective date of the termination. Upon termination of the loan
agreement,the DEPARTMENT shall declare the entire remaining balance of the loan,togetherwith
any interest accrued, immediately due and payable.
4.17 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit
between the parties arising out of this agreement shall be the Superior Court of Thurston County,
Washington. The prevailing party is entitled to recover costs in accordance with Washington State
Law(Chapter 4.84 RCW).
4.18 Severabilitv
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.
4.19 Project Completion
The DEPARTMENTwill requireand notify the LOCAL GOVERNMENT to initiate a Close-out Report
when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report,
the LOCAL GOVERNMENT will provide the following information to the DEPARTMENT:
7 Construction Loan Agreement
'rI
1. A description of the actual work performed,in addition to a certified statement of the actual
dollar amounts spent,from all fund sources, in completing the project as described.
2. Certification that all costs associated with the project have been incurred. Costs are
incurred when goods and services are received and/or contract work is performed.
3. Copies of the approved closure reports from the Department of Revenue and the
Department of Labor & Industries, certifying that all sales taxes have been paid and
appropriate industrial insurance and prevailing wages have been paid.
4.20 Proiect Close-out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit,
together with the Close-out Report, a request for a sum not to exceed the final ten percent(10%)
of the loan amount. This disbursement shall not occur prior to the completion of all project activities
and clearance of all Close-out documents from the Department of Revenue and the Department
of Labor&Industries. The LOCAL GOVERNMENT shall be responsible to ensure compliance with
the Department of Revenue and the Department of Labor & Industries requirements by their
contractor(s).
4.21 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal
Division of the State Auditor's Office in accordance with state law and any guidelines the
DEPARTMENT may prescribe. Payment for the audit shall be made by the LOCAL
GOVERNMENT.
4.22 Proiect Signs
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or
markers identifying those agencies participating financially in the approved project, the sign or
marker must identify the Washington State Public Works Trust Fund as a participant in the project.
4.23 Utilization of Minority and Women Business Enterprises(MWBE)
The LOCAL GOVERNMENT is encouraged to utilize business firms that are certified as minority-
owned and/or women-owned in carrying out the purposes of this loan agreement. LOCAL
GOVERNMENTS may set their own utilization standards, based upon local conditions, or may
utilize the state of Washington MWBE goals, as identified in WAC 326-30-03904.
4.24 Nondiscrimination Provision
There shall not be discrimination against any employee who is paid by the funds indicated in the
contract or against any applicant for such employment because of race,color,sex, age, or national
origin. This provision shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment, advertising, lay-off or termination, rates or pay or other forms of
compensation and selection for training. This section shall be construed to pertain to the Americans
with Disabilities Act of 1990 (Public Law 101-336), which provides comprehensive civil rights
8 Construction Loan Agreement
protection in the areas of employment,public accommodation,state and local government services,
and telecommunications to individuals with disabilities.
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws,
requirements,and ordinances as they pertain to the design, implementation,and administration of
the approved project. Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding
competitive bidding requirements for projects assisted in whole or in part with money from the
Public Works Trust Fund program.
5.02 WAC 399-30-030(31
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3)which identifies eligible
costs for projects assisted with Public Works Trust Fund loans.
9 Construction Loan Agreement
V
PUBLIC WORKS TRUST FUND
ATTACHMENT 1: SCOPE OF WORK
PW-5-93-280-041
City of Renton
(Jurisdiction)
East Renton Interce for
(Project Title)
1. Provide a clear description of the project to be financed in part by a Public Works
Trust Fund loan. (attach an additional sheet if necessary):
Please see attached sheet.
2. The term for this loan will be based on an engineer's certification of the expected
useful life of the improvements, as stated below, or 20 years, whichever is less. If
the local government prefers the.term of its loan to be 1eaa than either 20 years or
the useful life of the improvements, the preferred loan term should be indicated:
20 years.
3. I, _ Gregg Zimmerman , licensed engineer, certify that the average
expected useful life for the improvements described above is 50 years.
Signed: eg� /=zt , 4_
Date: March 8. 1993
Telephone: (206) 277-6211
PROJECT DESCRIPTION:
The East Renton Interceptor, West Maplewood Alternative, involves construction of
approximately 9,865 feet of 8, 12, 15, and 18 inch pipe from the East Renton area
(NE 4th and Duvall Avenue NE) westerly along NE 4th Street southerly to the Maple
Valley Highway. (See attached schematic drawing). The 8-inch and 12-inch pipe
will primarily be utilized to relocate flows from portions of the existing facilities
currently over capacity to the new interceptor. The 15-inch and 18-inch pipe will be
utilized for the interceptor portion. Sizing of the interceptor is currently based on
predesign information, the actual sizing of the facility will be based upon information
gathered during the final design. The East Renton Interceptor will be gravity driven
and will eliminate the need for two costly lift stations - the Union 600 and
Honeydew. The interceptor line will range in depths of 5 to 29 feet.
Additional items of work include installation of manholes per City of Renton and
Washington State Department of Ecology guidelines, street restoration and
landscaping as required.
C:DOCS:93-252:DMC:ps
L
SCOPE OF WORK
Page 2
PW-5-93-280-041
4. Estimated Pro-ject Costs:
Repair or Expansion Total
Replacement or Growth
Preliminary Engineer Report $ -0- $ $ -0-
Design Engineering 240,000 240,000
Land/R-O-W Acquisition 100,000 100,000
Sales or Use Taxes 202,704 202,704
Other Fees -0- -0-
Construction Inspection 200,000 _ 200,000
Start-up Costs -0- -0-
Financing Costs 140,000 140,000
Retainage 115,500 115,500
Construction 2,194,500 162,000 2,356,500
TOTAL ESTIMATED PROJECT COST $ 3,192,704 162,000 3,354,704
5. Anticipated Fund Sources:
A. Federal Grants $ -0-
State Grants $ -n-
1
-.
SCOPE OF WORK
Page 3
P W-5-93-280-041
B. Locally Generated Revenue
General Funds $ -0-
Capital Reserves -n-
Other Fund -0-
Rates 812.000
Assessments (LID, RID, ULID) -0-
Special Levies -0-
Federal Loan(s) from: (identify all)
-0-
-0-
State Loan(s) from: (identify all)
-0-
Other: (identify source)
-n-
TOTAL LOCAL REVENUE: $ 812.000
C. Public Works Trust Fund Loan 2,542,704
PUBLIC WORKS TRUST FUND
ATTACHMENT II: ATTORNEY'S CERTIFICATION
I Lawrence J. Warren , hereby certify:
am an attorney at law admitted to practice in the State of Washington and the duly
appointed attorney of the CITY OF RENTON (the "CITY"); and
have reviewed Loan Agreement PW-5-93-280-041 to be executed between the CITY
and the DEPARTMENT OF COMMUNITY DEVELOPMENT (the "DEPARTMENT"); 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 CITY 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 CITY 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
CITY from repaying the Public Works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The CITY 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 CITY.
AA%�JA�Qaha d C2A 5- 12- l�
C2ignaturce of Atto a Date
Lawrence J. Warren
Name
100 S. 2nd Street, Renton. WA 98057
Address
C:DOCS:93-447:DMC:ps
'rrr'
CIT`°
CITY OF RENTON FE '996
PLANNING/BUILDING/PUBLIC WORKS CITvq ;,.._:f : . JFFICE
MEMORANDUM
DATE: February 12, 1996
TO: Jesse Tanner,Mayor
FROM: Gregg Zimmerman,Administrator G ZL
Planning/Building/Public Works
STAFF CONTACT: Dave Christensen(X-6212)
SUBJECT: EAST RENTON INTERCEPTOR
Public Works Trust Fund Closeout Document
Attached you will find for your signature, the Public Works Trust Fund Closure Report documents.
This report allows for the closure of the project and determines our final loan amount and interest. In
the case of this project, we are eligible for the full loan amount with a 1%interest over a twenty year
period for repayment.
Our next step in the process of finalizing this project will be to close out the Special Assessment
District that was established in a preliminary form just prior to construction of this project.
If you have any questions regarding any information on this form or any other questions regarding this
project,please contact Dave Christensen.
H:DOCS:96-121:DMC:ps
Attachment
CC: Ron Olsen
r
CAG-93-055
State of Washington
Department of Community, Trade and Economic Development
Public Works Unit
PUBLIC WORKS TRUST FUND PROGRAM
PROJECT CLOSE-OUT REPORT
Loan Agreement Number: PW-5-93-280-041
NOTE: This report shall serve as a contract AMENDMENT for
determining the final loan amount, interest rate, and local share
and shall 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.
Please Type or Print in Ink.
City of Renton
200 Mill Ave . S .
Renton, WA 98055
Name of Chief Executive Officer: Jesse Tanner
Title of Chief Executive Officer: Mayor
This document is to certify that the project, as described in the
Public Works Trust Fund Loan Agreement' s Scope of Work, is
completed and has been designed/constructed to current standards .
Section 1 . Estimated and Actual Project Expenditures by Cost
Category.
Cost Category Estimated Actual Costs
Preliminary Engineering A. $ 0 . 00 L. .00
Design Engineering B. 240, 000. 00 M: 489,178.80
Land/ROW Acquisition C. 100, 000 . 00 N. 90,000.00
Sales or Use Taxes D. 202, 704 . 00 0. 237.996.12
Other Fees E. 0 . 00 P. .00
Construction Inspection F. 200, 000. 00 Q. 177,525 .78_
Start-up Costs G. 0 . 00 R. _00
Financing Costs H. 140, 000 . 00 S . .00
Contingency I . 115, 500. 00 T. .00
Construction J. 2, 194, 500 . 00 U. 2,906,928.08
Total Project Cost K. 3, 192, 704 . 00 V. 3,901,628.78
Page 1 of 2
' a
Page 2 of 2 (Public Works Close-out Report)
Section 2 . Estimated and Actual Project Funding Sources.
Note: The earliest date on which project costs are
considered eligible as local share is 6/7/92 .
Source of Funds Estimated Actual Costs
A. Local Share (ie: Cash, In-Kind,
other State and Federal Loans) $ 812, 000 . 00 E. 1,358,924.78
B. Federal Grants 0 . 00 F. .00
C. Other State Grants 0 . 00 G. .00
D. Line 1V minus lines 2F and 2G . . . . . . . . . . . . . . . . . . 3,901,628.78
Section 3 . Calculating the Maximum PWTF Funding
A. PWTF Share : multiply line 2D by 70%, 80%,
or 90% as set forth in the loan agreement. . . . . 3,121,303.02
B. Interest Earned on the PWTF money 35,690.24
C. Maximum PWTF share: Line 3A minus line 3B . . . . 3,085,612.78
D. PWTF allocation amount as per contract . . . . . . . $2, 542, 704 . 00
E. Enter the lesser of line 3C or 3D (or an
optional amount less than 3C and 3D) . . . . . . . . . 2,542,704.00
F. Amount drawn to date . . . . . . . . . . . . . . . . . . . . . . . . . $2, 288, 433 . 60
G. Final draw amount: Line 3E minus 3F (Any
negative amount shall be refunded to PWTF) . . . 254,270.40
H. Divide Line 2E by the sum of 2E and 3E . . . . . . . 34 %
Section 4 . Attach copies of the following:
Department of Labor and Industries Closure Document (s) ;
Department of Revenue Closure Document (s) ;
Accepted Project Bid (s) with change orders .
Section 5. 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
up ues d
-- e no o t anding liens against this project.
Sign re Project Engineer or Consultant Dat
Sig ture of the Chief Executive Officer. N ary gnature
Date Date
ATTEST
Marilyn J. Vetersen, City Clerk
t ^
PUBLIC WORKS TRUST FUND PROGRAM
PROJECT CLOSE-OUT REPORT(SUPPLEMENTAL SHEET)
Design Engineering-Items B &M -The cost differential for estimated versus actual design
engineering costs were greater than 20 %for two primary reasons. First,The Environmental Impact
Statement for this project was being prepared at the same time as the City was revising its
Comprehensive Plan to comply with Growth management. This made identifying future impacts
difficult because of the uncertainty of the potential growth and as such we were required to evaluate
impacts given a range of possible growth scenarios. This resulted in a significant increase in time and
effort,and as such,greatly increased costs.
The second significant cost increase was the result of the need to revise our route. The revision
resulted in additional surveying,basemapping,and general engineering costs.
Construction-Items J&U-Construction costs increased as a result of our decision to revise the
route of the interceptor. Although we originally had estimated the cost to be similar to the original
route,the new route utilized specialized construction that did increase the costs. The revised route
utilized specialized forms of trenchless technology,both microtunneling and directional drilling.
Because of its comparative newness to the northwest at that time,we underestimated their cost at the
time we evaluated the route. The actual construction costs however,were as estimated,by the time we
completed the design and had a better idea of the exact items of work necessary to complete the project
within this alignment. The City utilized its own funding from rates to cover all additional costs.
MEMO.DOT/
Worksheet for Calculating the Final Draw (Return with Close-out)
Unlike the first two vouchers, the Public Works Unit 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
Public Works Trust Funds . The instructions and worksheet
provided here are designed to assist the jurisdiction in
calculating the amount of the final draw. Please note:
o Interest earned on PWTF funds drawn by the jurisdiction
are to be applied toward eligible costs .
o PWTF participation can not exceed 70%, 80%, or 90% of
the actual total eligible cost of the project as per
PWTF loan agreement.
Worksheet
Step 1 . Identify the actual total eligible
project cost. 1 • 3,901,628.78
Step 2 . Identify the PWTF contract' s allocation. 2 . 2,542,704.00
Step 3 . Identify the actual local funds . 3 . 1,358,924.78
Step 4 . Identify other funds (funds other than
local fund and PWTF) used for eligible .00
project cost . 4 •
Step 5 . Balance of eligible project cost
(subtract line 4 from line 1) S. 3,901,628.78
* 80 %
Step 6. Multiply line 5 by either 70%, 80%, or 90%
as set forth in the loan agreement. 6 . 3,121,303.02
Step 7 . Identify interest earned on PWTF funds . 7 . 35.690.24
Step 8 . Subtract line 7 from line 6. 8 . 3,085,612.78
Step 9. Enter the lesser of line 2 or line 8
(or a local option of an elective amount 2,542,704.00
less than both line 2 and line 8) . 9.
Step 10 . Tabulate the amount drawn from the
project ' s PWTF allocation to date. 10 . 2,238,433.60
Step 11 . The final draw amount for the project, 254,270.40
subtract line 10 from line 9. 11 .
Step 12 . Percent of local share (divide line 3
by the sum of line 3 and line 9) . 12 . 34%