Loading...
HomeMy WebLinkAbout100614_ca08Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director /County Engine 711� � Agenda Date: October 6, 2014 Subject: Public Works Trust Fund Amendment A Loan PW -00- 691 -ELP -301 Statement of Issue: Department of Commerce requests that the County sigh Amendment A changing annual payment date on the above loan from July 1 to June 1. Analysis /Strategic Goals /Pro's 8: Con's: This loan was used to reconstruct Lindsay Hill Road in 2001 to repair damage from landslides in 1999. Fiscal Impact /Cost Benefit Analysis: No fiscal impact. Current annual payment is approximately $33,000 and ends in 2020. Recommendation: Sign Amendment A per Department of Commerce request. Return all 3 copies to Public Works for further processing. A fully executed original will be provided to the Board's office after signature by the Trust Fund Board. Department Contact: Monte Reinders, Public Works Director /County Engineer 385.9242 ReviewfAd By_ Philip Morley; unty Administrator Date 4 STATE OF WASHINGTON L DEPARTMENT OF COMMERCE SEP 16 2014 1011 Plum Street SE • PO Box 42525 -Olympia, Washington 98504 -2525 • (360) 725 -4000 www.commerce.wa.gov September 15, 2014 Contracts Administrator Jefferson County 623 Sheridan St Port Townsend, WA 98368 RE: Public Works Trust Fund Loan Repayment Date Amendment to Loan Agreement /Contract PW -00- 691 -ELP -301 Dear Sir or Madam, Enclosed are two copies of the amendment for your Public Works Loan Agreement modifying the annual repayment date from July 1 to June 1. This action is being taken at the direction of the legislature and the Office of Financial Management to better align the billing and budget projections with the state's biennial budget cycle. Your new repayment date will now be June 1. • For 2015, your billing cycle is July 1, 2014 through May 31, 2015 and includes 11 months of principle and interest. • For 2016 and thereafter, your billing cycle is from June 1 through May 31 and includes 12 months of principle and interest. All other instructions regarding your loan repayments are the same and billings will be mailed out thirty days earlier as well to meet this new repayment date. Please sign and return both copies of the amendment to our office no later than November 14, 2014. Department of Commerce Attn: Contracts Administration Unit P. O. Box 42525 Olympia, WA 98504 -2525 if you have any questions, concerns or need additional information, please do not hesitate to call me at (360) 725 -3022 or email me at mark.barkley @commerce.wa.gov. Sincerely, %%%ti,,/ /- - e.4 11,f Mark K. Barkley Managing Director Contracts Administration Unit AMENDMENT FACE SHEET Loan Number: PW -00- 691 -ELP -301 Amendment Number: A Washington State Department of Commerce PUBLIC WORKS BOARD Loan Contract 1. Contractor 2. Contractor Doing Business As (optional) Jefferson County N/A 623 Sheridan St Port Townsend, WA 98368 3. Contractor Representative (only if 4. Public Works Board Representative (only if updated) updated) N/A N/A 5. Original Contract Amount 6. Amendment Amount 1 7. New Contract Amount $ 500,000.00 N/A N/A 8. Amendment Funding Source 9. Amendment Start Date 10. Contract End Date Federal: ❑ State: 10 Other: ❑ NIA: ❑ October 15` ", 2014 June 1, 2020 11. Federal Funds (as applicable): Federal Agency: CFDA Number: N/A N/A N/A 12. Amendment Purpose: The purpose of this amendment is to formally alter the day and month in which loan payments are due from July 1 to June 1. The Board, defined as the Washington State Public Works Board, and Borrower /Contractor acknowledge and accept the terms of this Agreement/Contract 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 this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference: Amendment Terms and Conditions including all attachments. A copy of this Agreement/Contract Amendment shall be attached to and made a part of the original Agreement/Contract between the Board and the Borrower /Contractor. Any reference in the original Contract to "Agreement" or "Contract' shall mean the "Agreement As Amended" or "Contract As Amended," respectively. FOR THE BORROWER/CONTRACTOR FOR PUBLIC WORKS BOARD Stan Finkelstein, Public Works Board Chair Date Signature Print Name APPROVED AS TO FORM ONLY Title This 15'" Day of July. 2013 Bob Ferguson Attorney General Date Ammed 8S 107 (Mly Signature on File r Kathryn Wyatt Ll /) q b2-2fly Assistant Attorney General k erson Co. Prosecu s Of rice David Alvarez, Chief Civil DPA Jefferson County Page 3 Loan End Date Amendment PW -00- 691 -ELP -301 All PWTF Programs AMENDMENT TERMS AND CONDITIONS Washington State Department of Commerce PUBLIC WORKS BOARD Loan Contract Contractor /Borrower: Jefferson County Contract Number: PW -00- 691 -ELP -301 Amendment Number: A 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 all 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, 2020, of an amount sufficient to bring the loan balance to zero. Jefferson County Page 4 Loan End Date Amendment PW -00- 691 -ELP -301 All PWTF Programs PUBLIC WORKS TRUST FUND EMERGENCY LOAN AGREEMENT NUMBER PW -00- 691 -ELP -301 Jefferson County 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 eight pages and two attachments. An attachment to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project activities, 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 H: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT Steve Wells Director, Local Government Division Title Chairman, Board of County Commissioners 3� -c9 d b/ an Date Dafe Approved as to Form by Attorney General Signature On File Jeanne Cushman Assistant Attorney General August 23, 1999 Date 91- 600 -1322 Federal Taxpayer Identification Number Approved as to form only: ooa'� Q'I Jefferson Co. Prosecutor's Offic Page 1 1999 PWTF Emergency Loan Agreement Printed 03/02/00 CTED Contract Number s00- 69100 -065 17MM81=1►UYZ. - - -L HOOki This loan agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, (or its successor) a department of the State of Washington (referred to as the "DEPARTMENT ") on behalf of the PUBLIC WORKS BOARD or its successor, (referred to as the 'BOARD "), and Jefferson County (referred to as the "LOCAL GOVERNMENT'). The DEPARTMENT has received an appropriation from the Washington State Legislature under the authority of Chapter 43.155 RCW, to provide financial assistance to selected units of local government for the repair, replacement, reconstruction, rehabilitation, or improvement of bridges, roads, domestic water systems, sanitary sewer, and storm sewer systems. Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART III: 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 I: SCOPE OF WORK, as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL GOVERNMENT and upon which this agreement is based. The assisted project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Tenn of Loan The DEPARTMENT, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $500,000.00. The interest rate shall be four percent (4 %) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, 2020. 4.02 Reimbursable Costs Upon formal declaration of an emergency, the LOCAL GOVERNMENT may commence incurring costs as of the date of the declaration. Emergency expenditures incurred by the LOCAL GOVERNMENT prior to execution of this agreement shall be reimbursed as eligible costs by the Trust Fund solely at the discretion of the DEPARTMENT. 4.03 Local Project Share The Public Works Board does not require local project share on improvements funded by the Emergency Loan Program. Page 2 1999 PWTF Emergency Loan Agreement Printed 03/02/00 CTED Contract Number S00- 69100 -065 4.04 Disbursement of Loan Proceeds The DEPARTMENT shall issue warrants to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. 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 1: 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 4.20 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 evidence of submittal to, or 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 the eligible project costs or the total of $500,000.00, whichever is less, nor shall this disbursement occur prior to the completion of all project activities and clearance of all Close -out documents from the Department of Revenue and the Department of Labor & Industries. The Close -out Report shall serve as a contract AMENDMENT for determining the final loan amount. 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 the eligible costs, all excess funds shall be repaid to the DEPARTMENT within thirty (30) days of submission of the Close -out Report. 4.05 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: I . 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. C Page 3 1999 PWTF Emergency Loan Agreement Printed 03/02/00 CTED Contract Number S00 -09100 -065 4.06 Time of Performance The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than 90 days after the date of loan agreement execution and reach project completion no later than twelve (12) months after the date of agreement execution. Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement and require the immediate repayment of any loan funds disbursed. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two- thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein. 4.07 Repavment The first loan repayment under this agreement isuee July 1, 2001, 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 four percent (4 %) 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 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. The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the amount normally due on an annual basis. The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the DEPARTMENT and sent to: Department of Community, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O. Box 48300 Olympia, Washington 98504 -8300 The LOCAL GOVERNMENT shall seek reimbursement and/or recovery from all available sources under RCW 43.155.065. The LOCAL GOVERNMENT shall reimburse the DEPARTMENT at such time as funds become available. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. 4.08 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 r e p a i d f r o m J e f f e r s o n County fund No. 180, using account code 591.45.78 for principle payments and account code 592.45.83 for interest payments. 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 LO( OR Page 4 1999 PWTF Emergency Loan Agreement Printed 03102/00 CTED Contract Number S00- 69100 -065 2. Revenue Obligation: This option may be used only if the entire project is a domestic 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 DEPARTMENT 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. Please choose and initial one of the following utility systems: Water Sanitary Sewer (Wastewater) Stormwater Water /Sanitary Sewer Stormwater /Sanitary Sewer Solid Waste X 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. 4.10 Default in Repayment Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.07 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 DEPARTMENT may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such repayment in default shall not constitute a waiver by the DEPARTMENT to exercise such option for any succeeding installment payment which may then be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the DEPARTMENT in any action undertaken to enforce its rights under this section. Page 5 1999 PWTF Emergency Loan Agreement Printed 03/02/00 CTED Contract Number S00- 69100 -065 4.1 1 RecordkeeDine 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, 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. 4.12 Reports The LOCAL GOVERNMENT, at such times and in 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 the Close -out Report, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.16. 4.13 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the DEPARTMENT, the BOARD, and the State of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents of either in the performance of this agreement, however caused. In the case of negligence of both the DEPARTMENT and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.14 Amendments, Modifications, and Waivers 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 4.06. 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 4.06. No amendment or modification shall take effect until approved in writing by both the DEPARTMENT and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the DEPARTMENT in writing. 4.15 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by this agreement shall be decided by a panel consisting of a representative of the DEPARTMENT, a representative of the LOCAL GOVERNMENT, and a representative of the BOARD. The panel shall reduce its decision to writing and furnish a copy to all parties to the agreement. The decision of the panel shall be final and conclusive. This clause does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph provided that nothing in this agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. 4.16 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the Page 6 1999 PWTF Emergency Loan Agreement Printed 03/02100 CTED Contract Number S00- 69100 -065 effective date of the termination. Upon termination of the loan agreement, the DEPARTMENT shall declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. 4.17 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW.) 4.18 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.19 Project Completion The LOCAL GOVERNMENT is responsible for notifying the DEPARTMENT when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed so that the DEPARTMENT may initiate a Close -out Report. In the report, the LOCAL GOVERNMENT shall provide the following information to the DEPARTMENT. 1. A description of the actual work performed, in addition to a certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. 3. Evidence of submittal to, or copies of the approved closure reports from the Department of Revenue and the Department of Labor and Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. 4.20 Project Close -out In accordance with Section 4.04 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 its contractor(s). 4.21 Audit Audits of the LOCAL GOVERNMENTS 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. 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: Page 7 1999 PWTF Emergency Loan Agreement Printed 03/02/00 CTED Contract Number S00- 69100 -065 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, to the extent feasible and practicable. 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 DEPARTMENT. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute of fact may be resolved in accordance with Section 4.15, Disputes. 5.04 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. 5.05 Recognition of Receivership Status It is recognized by the DEPARTMENT and the LOCAL GOVERNMENT that if this loan agreement encompasses activities undertaken pursuant to a court- ordered receivership of a privately owned water system, the LOCAL GOVERNMENT remains responsible for loan repayment if the water system is returned to private ownership 5.06 Historical and Cultural Artifacts The BORROWER agrees that if historical or cultural artifacts are discovered during construction, the BORROWER 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. Page 8 1999 PWTF Emergency Loan Agreement Printed 03/02/00 CTED Contract Number S00- 69100 -065 PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW -00- 691 -ELP -301 Jefferson County (Jurisdiction) Lindsay Hill Road Emergency Repair (Project Title) 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): Install approximately 480 feet of 35 foot tall steel "H" pile with wood lagging and deadman anchors to repair failed slope adjacent to eastbound lane. Major items of work include approximately 1,000 cubic yards of structure excavation, 2,100 lineal feet steel "H" pile, 12,000 board feet creosote lagging, 480 lineal feet "H" pile anchor and 480 feet waler for the structure and 1200 cubic yards gravel borrow, 430 tons gravel base, 275 tons crushed surfacing and 200 tons asphalt concrete to repair slope and eastbound lane. C AConttemplEmerg\Emerscpe. DOC Scope of Work Page Two Number PW -00- 691 -ELP -301 Estimated Project Costs: C:1ConttempkEmerg\Emerscpe. DOC $ 580,000 80,000 500,000 Repair or Replacement Preliminary Engineer Report $ 5,000 Design Engineering $ 100,000 Land/R -O -W Acquisition $ Sales or Use Taxes $ Other Fees $ Construction Inspection $ 36,000 Start-up Costs $ 43,000 Financing Costs $ Contingency (10 %) $ 36,000 Construction $ 360,000 TOTAL ESTIMATED COSTS Anticipated Fund Sources: A. Federal Grants State Grants B. Locally Generated Revenue $ General Funds $ Capital Reserves $ 80,000 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 C. PUBLIC WORKS TRUST FUND LOAN C:1ConttempkEmerg\Emerscpe. DOC $ 580,000 80,000 500,000 Public Works Trust Fund ATTACHMENT II: ATTORNEY'S CERTIFICATION I, -D PN 1 iJ 1"1 LV A 2 1:-: 2 hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of4he N CAN (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. 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. c / �'► v Signature of Attorney Name 0 00)( ) Z 2- 1). Address 2 2-9 DD DatLJ