AG 99-103 DATE IN: E , "') DATE OUT�.... TO:
l
.r
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
/4b
G1. ORIGINATINDEPT.JIIv. „ •.. '
r
2. ORIGINATING STAFF PERSON: "� :. � EXT:_ 3. DATE REQ. BY:
-5 17 �
4. TYPE OF DOCUMENT REQUESTED (CHECK ONE): � 1 SII ,
El PROFESSIONAL SERVICES AGREEMENT ❑ SECURITY DOCUMENT N00 q ��������
❑ MAINTENANCE/LABOR AGREEMENT lE.o.,AGREEMENT&PERF/MAIN BOND:ASSIGNMENT OF FUNDS IN LIEU OF BOND)
❑ PUBLIC WORKS CONTRACT ❑ CONTRACTOR SELECTION DOCUMENT
❑ SMALL PUBLIC WORKS CONTRACT M.G.,RF,B,RFP,RFQ)
(LEGS.THAN 425,000) ❑ CONTRACT AMENDMENT AG#: _... ........,...
AGREEMENT• PURCHASE ❑ EASEMENT
(MATERIALS.SUPPLIES,
❑ REAL ESTATE PURCHASE: &TSALES AGREEMENT 71p Ac-Qze-vL& ',
1-
S. PROJECT NAME:_' .
6. NAME OF N�TRACTO
ADDRES�BN: w. PHONE: , ,. ...._
TYPE OF PERSON OR ENTITY (CHECK ONE):
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP STATE: TAX ID#/SS#:
❑ PARTNERSHIP Cl CORPORATION
SIGNATURE NAME: TITLE:.
7. SCOPE OF WORK: ATTACH EXHIBIT A - A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES OR SCOPE OF
WORK, INCLUDING COMPLETION DATES FOR EACH PHASE OF WORK AND LOCATION OF WORK.
8. TERM: COMMENCEMENT DATE:,,_•,,, ,,,,ITITITIT�. COMPLETION DATE:
9. TOTAL COMPENSATION: $.- _ __ _ (INCLUDES EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOURLY RATES)
REIMBURSABLE EXPENSES: ❑YES ❑NO IF YES, MAXIMUM DOLLAR AMOUNT: ..................
IS SALES TAX OWED? Cl YES Cl NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑CITY
1 O. SELECTION PROCESS USED (CHECK ONE):
❑ REQUEST FOR BIDS Cl REQUEST FOR QUOTES ❑ARCHITECT & ENGINEER LIST
❑ REQUEST FOR PROPOSALS ❑ REQUEST FOR QUALIFICATIONS ❑ SMALL WORKS ROSTER
1 1. CONTRACT REVIEW N Iiv,ug1L1DATE APPRIvD
❑ LAW (ALL C
O NTRACTS) �� '
RISK MANAGEMENT b
(ALL CONTRACTS EXCEPT AMENDMENTS,
CONTRACTOR SELECTION DOCUMENT) yry I�
PURCHASING Llr.
1 Z. CONTRACT SIGNATURE ROUTING ,,,,,IT�AtJiW& IAgE
Lel LAW DEPARTMENT
N�y�R dT"a" MANAGER '(
CITY CLERK
LJ 5MGNED COPY 8AIO'1K,.I;9-JDRM WNATING DEPT.
�,ry
ASSIGNED AG # p'
❑ PURCHASING: PLEASE CHARGE TO: ... ..... ..... ..........m..-.....-.,..._....._.
COMMENTS
WHITE`ORIGINAL STAYS WITH CONTRACT CANARY.CLERK TO STAFF PNK'LAW DC",f". GOLDENROD'•'ORN.GhNATN HIG.S7AFC L0492(REV 6/95)
Washington State
Public Works Board
Post Office Box 48319
Olympia,Washington 98504-8319
RECEIVED
April 26, 1999
APR 2 7 1999
Mr. M6f,'W" l tt t
City of Federal Way FEDERAL WAY PUBLIC IIIc° I'
33530 First Way S ADMINI'ErIRATION DIVISION
Federal Way, Washington 98003-6221
Regarding: PWTF Loan Agreement Number PW-99-791-012
Dear Mr. Salloum:
Enclosed are the original and two copies of the Public Works Trust Fund Loan
Agreement, PW-99-791-012,between Federal Way and the Department of Community,
Trade and Economic Development. The agreement details the terms and conditions that
will govern the contract between us,which includes the project's Scope of Work and an
Attorney's Certification as formal attachments.
Instructions for drawing the loan funds are included, as are the necessary forms for the
first two draws. The loan agreement specifies that the first 15 percent of the loan may be
disbursed within 30 days of the date of execution of this agreement. It is recommended
that you submit the first voucher form with the executed agreements and related
documents.
The face amount of the loan is $2,750,000.00. A change in any element of the loan
agreement will require an amendment and may necessitate an adjustment in the loan
amount or the interest rate.
Please review the terms and conditions of the loan agreement carefully, as well as the
attachments. Me=note- SOCtiMi 4.09 must be filled out belorc the ca be
executed. The section has been changed from previous loan agreements, and now
requires your jurisdiction to identify whether this loan will be a general or revenue
obligation. Also ple,,sprovide the,account iiam.e ijifarniafiin the s ace 3raided on.
Pagefive, 'ectioji,4,07.
Administrative services provided by the Department of Community,Trade and Economic Development
PWTF FAX Web Site DWSRF
(360)753-3262 (360)664-3029 http://www.crab.wa.gov/pwtf (360)586-2472
5g, '06�q
Marwan Salloum
PW-99-791-012
Page Two
When you have obtained the appropriate signatures, including the Attorney's
Certification,please return all three of the agreements to the Department of Community,
Trade and Economic Development. The Department representative will sign the loan
agreements and one fully-executed copy will be returned for your files.
If your project involves utility work, you are encouraged to review your applicable
comprehensive plan to assure compliance. Under Washington law, some utilities may
not engage in construction unless such work is in compliance with the system's
comprehensive plan. Consultation with your in-house legal advisor or your bond counsel
may be warranted.
The Washington Administrative Code (WAC) 399-30-060(5)requires the loan
agreements be signed by you and returned to the Department within 90 calendar days of
the date of this letter. Failure to comply with this section may result in your loan offer
being withdrawn.
We are looking forward to working with you over the course of your successful public
works project. If you have any questions about the loan agreement,please call me at
(360) 664-0406. You may also call Isaac Huang,the Regional Account Executive for
your area at (360) 586-0659.
Sincerely,
I• ` Oaf S
Mike Woods
Contracts Manager
MW:mw
Enclosures
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PW-99-791-012
Federal Way
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 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 DEPARTMENT 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
DEVEL PMENT
Steve We]Is - Name
Director,Local Government Division
Title T ide
6
Date Date
APPROVED AS TO FORM BY
ATTORNEY GENERAL
Signature On File
Suzanne Shaw
Assistant Attorney General
April 2, 1999
Date
Page 1
1999 PWTF Construction Loan Agreement
Printed 11/11/98
CTED Contract Number S99-791-012
PART II: INTRODUCTION
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")TENT") on behalf of the PUBLIC WORKS BOARD, or its successor,
(referred to as the'BOARD"),and Federal Way(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, storm sewer systems and solid waste facilities. 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 Term of Loan
The DEPARTMENT, using funds appropriated from the Public Works Assistance Account, shall loan the
LOCAL GOVERNMENT a sum not to exceed $2,750,000.00. The interest rate shall be one percent (1%)
per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the
final payment due July 1,2019.
4.02 Local Project S11at
The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than thirty percent
(30%) 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.
Page 2
1999 PWTF Construction Loan Agreement
Printed 11/11/98
CTED Contract Number S99-791-012
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 I: SCOPE OF WORK. In no event shall the total Public
Works Trust Fund loan exceed seventy percent(70%)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(3 0)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 seventy
percent (70%) of the eligible project costs or the total of$2,750,000.00 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, 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 seventy percent(70%) of eligible costs, all funds
in excess of seventy percent (70%) shall be repaid to the DEPARTMENT within thirty (30) days of
submission of the Close-out Report.
Page 3
1999 PWTF Construction Loan Agreement
Printed 11/11/98
CTED Contract Number S99-791-012
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, 1999,and reach project completion no later than thirty-six(36)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.
4.06 &payrneiit
The first loan repayment under this agreement is due July 1, 2000, 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 percent (1%) 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.
Page 4
1999 PWTF Construction Loan Agreement
Printed 11/11/98
CTED Contract Number S99-791-012
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
.4 7 tic a mn rmLAccQIT j n t
The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligatio a
p eventies,or a combination thereof. The name of the fund, account,or sub-account shall be Surface. a „
Management Fund _ _ er
p,,mmll le;I aarLt in Re ttmwpc�t
Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this
agreement. A payment not received within thirty° (30) drays of the dace date shall be declared delinquent.
Delinquent payments shall be assessed a daily penalty beginning oil the thirty-first (3 1) day past the due
date. file penalty Neill be assessed oma the entire payment amount. The penalty will be twelve percent
(I 2"/o) per annurn calculated man<a 360-day year
Upon deflaullara the p aynpe'n't of any annual installment, the DEPARTMENT may declare the entire
remtaraining balance of the loan, together wsllth ipaterest accruea"I, immediately due and payable. Failure to
exercise its option with respect to aray such repayment in default slmall not constitute a waiver by the
DEPARTMENT to exercise such opt It.alm for any succeeding insta�llmrpent p.ayrmaent which rmaay then be in
da.f"dull The LOCAL GOVERNNIEN 1' shall pray the costs and reasonable legal fees incurred by the.
DE"'PARI HENT in any action undertaken to enforce its rights under this section.
Page 5
1999 PWTF Construction Loan Agreement
Printed 11/11/98
CTE[3 Contract Numbcr 599-791-012
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. XXX General Obligation: This loan is a general obligation of the LOCAL(10"VERNMEN"!
OR
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
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.
Page 6
1999 PWTF Construction Loan Agreement
Printed 1I/11/98
CTED Contract Number S99-791-012
4.10 Record kee i zig 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.
4.11. Reports,
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 4.15.
4.12 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.
4.13 Amendnnents 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 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.
4.14 Dispute°
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
Page 7
1999 PWTF Construction Loan Agreement
Printed 11/11/98
CTED Contract Number 599-791-012
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.
4.15 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, together with any interest accrued,
immediately due and payable.
4.1.6 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 Severabilit
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.
m.1�8 'reject Completion
The DEPARTMENT 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 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. 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.
Page 8
1999 PWTF Construction Loan Agreement
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CTED Contract Number 599-791-012
4, 9, 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 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).
4.20 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 may
prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT.
4.21 Project Siggs
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 Womnetfs Business Ente rises MW13E'
In.accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the DEPARTMENT
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
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 the Section 4.14,
Disputes.
Page 9
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CTED Contract Number S99-791-012
4.24 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.
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.
Page 10
1999 PWTF Construction Loan Agreement
Printed 11/11/98
CTED Contract Number S99-791-012
Scope of Work
Page Two
PW-99-791-012
Estimated Protect Costs;
Total Expansion Repair or
Preliminary Engineer Report $ $ or Growth $ Replacement
$g 300 00
Design Engineering $ 0 $$ 300,000
g g
Bid Document Preparation
–
Environmental Studies $ 30,000 $ $ .... 30,000
Land/R-O-W Acquisition $ 50,000 $ $ 50,000
Sales or Use Taxes
$ $ $ _.......
Other Fees $ 400000 $ $$
Construction Inspection $ $ 400,000
Start-up Costs $ $ $
Financing Costs $ $
v
Contingency %) $ 53(7,000 $ $ 530,000
Construction $ —2,640,000 $ $ —2,640",000
TOTAL ESTIMATED COSTS $ 3,950,50-0 $ $ 3—,956-,000
ATatic l ttr�cl orars
A. Federal Grants $ 0
State Grants
B. Locally Generated Revenue
General Funds $ 0
Capital Reserves $
OtherFund(Developer Contribution) $ 200,000
Rates $ 1,000,000
Assessments $
(LID, RID,ULID)
Special Levies $
Federal Loan(s) from: (identify all)
State Loan(s)from: (identify all)
Other: (identify sources)
TOTAL LOCAL REVENUE $ 1,200,000
C. PUBLIC WORKS TRUST FUND LOAN $ 2,750,000
T:\PWB\Contracting\Construction\Const Scope.DOT
PUBLIC WORKS TRUST FUND
ATTACHMENT 1: SCOPE OF WORK
PW-99-791-012
Q"_11_Y_qf Fedej:A] Way
(Jurisdiction)
SeaTac Mall, Area Drain Systern Traprqverrient
(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)-
This project consists of construction of approximately 2,900, linear feet
of storm drainage Pipeline from 12—inch to 84—inch diameter, including
installation under South 320th Street and South 324th Street by jacking
or tunneling methods; manholes and catch basins; removal of existing pip. es
and drainage structures; construction of water quality facility and det—
ention facility control structure; pavement, curb, gutter, and sidewalk
removal and replacement; landscaping, and other work incidental to the
storin drain and water quality facility construction. The project site
is generally bounded as follows: on the north South 316th Street; on
the south 324th Street; on the west 20th Avenue South; and an tiie east
23rd Avenue South.
2. The term of this loan wi I I be based on an engineer's certification of the expected useful life of
tile it"PrOve'llents, as stated belmv, or 20 years, whichever is less, If the local government
prefers the term of its loan to be less than either 20 years or the useful life of the
improvements,the preferred loan term should be indicated:_2�nt years.
3. 1, Jeff Pratt
licensed engineer, certify that the
average expectec psefu i life for the improvements described above is Fi
(50 dears.
Signed:
of tt, Surface Water Manager
Date: anuary 13, 1999
Telephone: (253) 661-4135
T:\PWB\Contracting\Construction\const Scope.DOT
Scope of Work
Page 3
PW-99-791-012
Calculating 'Local 13LL ccntag�n.
Notes: 1. Expansion/Growth costs are not eligible for PWTF funding. Please exclude any
expansion or growth related costs and funding before calculating the local percentage.
2. Grant funds can not be counted as local match.
Calculate as follows:
Total Local Revenue
PWTF Loan+Total Local Revenue Local Percentage 30%
The local contribution must be at least:
Ten percent(10%) for a loan interest rate of 3%
Twenty percent(20%) for a loan interest rate of 2%
Thirty percent(30%) for a loan interest rate of 1%
T:TWB\Contracting\Construction\Const Scope.DOT
Public Works Trust Fund
ATTACHMENT If: ATTORNEY'S CERTIFICATION
I, C' t. r A,
7e. - hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the
(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
limitations applicable to the LOCAL GOVERNMENT.
Signature of Attorney - r .. �'�" Date
Peri rt&`!,a
Name
Address
M.