HomeMy WebLinkAboutCOW 2004-04-26 Item 3E - Loan Acceptance - Public Works Trust Fund Loan for Cascade View Neighborhood Drainage Construction ~ . ITEM NO.
Meeting Date Prepared b~v Mayor's review Cou....ncil review
CAS Number: 04-060 I Original Agenda Date: April 26, 2004
Agenda Item Title: Accept Public Works Trust Fund loan of $4,196,056.00 for construction of
Cascade View Neighborhood Drainage Project.
Original Sponsor: Council ~ldmin. Public Works
Timeline:
Sponsor's Summary: The Public Works Trust Fund has approved our application ora loan for $4,196,056.00 to
construct a storm drainage system for the Cascade View neighborhood. Improvements to the
storm drains, water mains and street restorations will be included.
Recommendations:
Sponsor: Authorize Mayor to sign the loan agreement with Public Works Trust Fund.
Committee: Forward to COW and the Regular Council with approval.
Administration: Same as sponsor.
Cost Impact (if known): $4,196,056.00 loan at 1% per annum for a term of 20 years.
Fund Source (if known): 412 Fund Surface Water (pg. 112 2004 CIP)
Meeting Date Action
4/26/04
Meeting Date Attachments
4/26/04 Information Memo dated April 14,. 2004
Loan Agreement with Public F~orks Trust Fund
Utility Committee Meeting Minutes from .4pri120, 2004
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Direct~
Date: April 14, 2004
Subject: Cascade View Drainage Imurovements
Public Works Trust Fund Loan Acceptance
issuE.
In May 2003, the City of Tukwila Public Works Depa~huent applied for a $4,196,056 Public
Works Trust Fund loan to construct neighborhood improvements for the Cascade View area of
Tukwila. This loan was recently approved by the Governor and now awaits formal acceptance
by the City.
BACKGROUND
Design of the Cascade View drainage and roadway improvements is underway and is
scheduled to be completed by the end of the year. Construction is anticipated to begin in early
2005.
Estimated Proiect Costs Fundin~ Sources
Preliminary Engineering $ 515,000 CDBG Grants $ 306,715
Construction 3,450,000 PWTF Design Loan (5 yr) 100,000
Construction Engineering 690,000 City Revenue 466,229
Contingency 414,000 PWTF Loan (20 yr) 4,196,056
Total $5,069,000 Total $5,069,000
The PWTF loan is for $4,196,056 at 1% interest per annum over 20 years.
RECOMMENDATION
Forward to Council with the recommendation tO accept the loan from the Public Works Trust
Fund for the Cascade View Drainage Improvemant~.
RL:ad
attacluaent: Loan Agreement with PWTF
file: 00-DR06.2
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PW-04-691-070
CITY OF TUKWILA
PART I: ENrI1RE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof. This contract consists often pages and two attachments. An attachment
to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of lo~al 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 CEKTIFICATION, is by this reference incorporated into this
agreement.
The PUBLIC WORKS BOARD and the LOCAL GOVEPdffMENT have executed this agreement as of the
date and year last written below.
PUBLIC WORKS BOARD LOCAL GOVERNMENT
John LaRocque, Executive Director Signature
Public Works Board
Print Name
Date Title
APPROVED AS TO FORM ONLY Date
This 17t~' Day of Mamh, 2003
Christine O. G~egoire ~ \ -- {°OO \ S ~ c~
Attorney General' Federal Taxpayer Identification Number
By: Signature on File
Jeanne A. Cushman
Assistant Attorney General
Page 1
2004 PWTF Constrdction Loan Agreement
pART H: INTRODUCTION
This loan agreement is made and entered into by and betwcan the PUBLIC WORKS BOARD, or its
successor, (referred to as thc "BOARD"), a department of the state of Washington, and CITY OF
TUKWILA (referred to as the LOCAL GOVERNMENT ).
Acting under the anthofity of Chapter 43.155 RCW, the BOARI) has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE,
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities
described in ATTACHlvlENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL
GOVERNMENT a sum not to exceed $4,196,056.00. 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, 2024.
4.02 Local Pr<Yect Share
The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than ten percent
00%) 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 clone-out. Any change in the
percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged,
or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement
adjusting the loan amount or interest rate, as appropriate.
Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to
project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up
to twelve (12) months prior to the execution of the loan agreement and verified at the time of project
close-out.
PUBLIC WORKS TRUST FUND MONIES.MAY NOT BE USED TO REIMBURSE THE LOCAL
-GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION O-F THIS LOAN
AGREEMENT.
Page 2
2004 PWTF Construction Loan Agr~m=nt
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax collection and loan
repayment. If funds are not available at the time the invoice is submitted, or when the agreement is
executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds, warrants
shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL
GOVERNMENT while undertaking and administering approved project activities in accordance with
ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed
ninety percent (90%) of the eligible actual project costs. The disbursement of loan proceeds shall be
initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds
will be disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed twenty percent (20%)
of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed, which follows the formal award of a
construction contract, or contract for engineering services, a sum not to exceed twenty five percent (25%) of
the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 35% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 60% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
At the time of projent completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of ninety
percent (90%) of the eligible project costs or the total of $4,196,056.00 whichever is less. The Close-out
Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and
local share.
In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT
has received Public Works Trust Fund monies in excess of ninety percent (90%) of eligible costs, all funds
in excess of ninety percent (90%) shall be repaid to the Public Works Assistance Account by payment to the
Department of Community, Trade and Economic Development, or its successor, within thirty (30) days of
submission of the Close-out Report.
Page 3
2004 pWTF Construction Loan Agreement
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue
to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project.
Benefits shall accrue in one of two ways:
1. Reduce the amount of the Public Works Trust Fund loan.
2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK
estimates, if there is an overrun of project costs.
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan
agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or
any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three months after loan agreement execution, and reach pioject completion no later
than forty-eight (48) months after the date of agreement execution.
Failure to perform with/n the time frame described in the preceding paragraph may constitute default of this
agreement. 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 Repayment
The first loan repayment under this agreement is due July 1, 2005, 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 annam, calculated on a 360-day year of twelve 30-day
months, applied to funds received. Interest will begin to accrue from the date each warrant is issued to the
LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the
loan term remaining plus interest on the unpaid balance of the loan. 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 rel~ay at a faster rate than is provided in this agreement,.provided that any such payment must
equal or exceed the principal amount normally due on an annual basis.
Page 4
2004 PWTF Construction Loan Agr~ment
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the
use of a check, money order, or equivalent means made payable to the Department of Community, Trade
and Economic Development, or its successor, and sent to:
Department of Community, Trade and Economic Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia, Washington 98504-8300
~t Account
The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan
Security. The name ofthe fund, account, orsub-accountshallbe:-St~C-'~;qC-~" ~0x.[~'~'~.. ','~tq',~<~ .
4.08 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment
not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall
be assessed a daily penalty beginning' on the thirty*first (31) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on
a 360-day year for the delinquent amount.
The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
provided for in Section 4.03.
The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S fight, upon delinquency in
the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the
LOCAL GOVERNMENT of such delinquency including, without limitation, the state government and
the United States of America or its agencies, credit rating agencies, and the municipal finance market.
The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in
any action undertaken to enforce its rights under this section.
Page 5
2004 PW'rF Construction Loan Agreement
4.09 Loan~
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial the appropriate option.
1. ~ General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT.
OR
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 BOARD grants the LOCAL GOVERNMENT the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and
charge of this loan agreement.
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
2004 pWTF Construction Loan Agreement
4.10 Reeordkeeping and Access to Reco. rd~
The BOA_RD, the BOARD's agents, and duly authorized officials of the State shall have full access and the
right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT
may contract, involving transactions related to this project and this agreement.
The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a
period of six years from the date of project close-out. If any litigation, claim or audit is started before the
expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4.11 Report~
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish
the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to
this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other
matters covered by this agreement. Failure to file periodic reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and
the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or
all injuries to persons or tangible property, arising from the acts or omissigns of the LOCAL
GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.13 Amendments, Modifications, andWaivers
Except for an inereas~ in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT
may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for
extending the time of performance as provided for in Section 4.05. No modificati9n or amendment resulting
in an extension of time shall take effect until a request in writing has been received and approved by the
BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved
in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may he waived unless, approved by the BOARD in writing.
4.14 Termination for Cause
If the LOCAL GOYERNMENT fails to comply with the terms of this agreement, or fails to use the loan
proceeds only for those activities identified in ATTACHMENT I: 'SCOPE OF WORK, the BOARD may
terminate the agree, men[ i.n who~l.e. Or~lI~ pa.rt a[any~tlse..._T}}e,~B~Al~.~s~h~al 1
GOVERN1vIENT in writing oI lis aetermlnanon to termmam, tn~ t~a~,s, ,
._ effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT °bligafi°ns
to repay the unpaid balance of the loan.
Page 7
2004 pWTF Construction Loan Agreement
4.15 Termination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no longer available
to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this
agreement. Termination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to
repay the unpaid balance of the loan.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and performance hereof
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out
of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is
entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW).
4.17 Severability
If any provision under this agreement or its application to any person or circumstances is held invalid by any
court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be
given effect without the invalid provision.
4.18 Proiect Completion
The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the
activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL
GOVERNMENT will provide the following information to the BOARD:
1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the
project as described.
2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is
complete and has been designed/constructed to required standards.
3. Certification that all costs associated with the project have been incurred. Costs are incurred when
goods and services are received and/or contract work is performed.
4. Provide a dfite for reporting LOCAL GOVERNMENT conformance with the performance
measures identified in ATTACHMENT I: SCOPE OF WORK.
Page 8
2004 PW'rF Construction Loan Agreement
4.19 Project Close-Out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with
the Close-out Report, a request for a sum not to exceed the final five percent (5%) of the loan amount. This
disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT
shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and
the Department of Labor & Industries requirements.
4.20 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of
the State Auditor's Office in accordance with state law and any guidelines the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by
the LOCAL GOVERNMENT.
4.21 Project Si~ns
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 Nondiscrimination Provision
During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and
state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in
whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the
BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
4.23 Historical and CultUral Artifacts
The LOCAL GOVERNMENT agrees that if historical or cultural artifact~ are discovered during
construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at the Washington State Office of
Archeology and Historic Preservation.
The LOCAL GOVERNMENT shall require this provision to be contained in all con~'acts for work or
services related to ATTACHMENT ONE: SCOPE OF WORK.
Page 9
2004 pWTF Construction Loan Agreement
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements,
and ordinances as they pertain to the design, implementation, and administration of the approved project.
Of particular importance are the following:
5.01 KCW 43.155.060
The LOCAL GOVERNMENT shall comply with thc provisions of RCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund
program.
5.02 WAC 399-30-030(3~
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs
for projects assisted with Public Works Trust Fund loans.
5.03 Assignment
Neither this agreement nor any claims arising under this agreement, shall be transferred or assigned by the
LOCAL GOVERNMENT without prior written consent of the BOARD.
Page 10
2004 PWTF Construction Loan Agreement
J e~'
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN
ATTACHlV[ENT 1: SCOPE OF WORK
LOAN NUMBER: PW-04-691-070
CLIENT NAME: City of Tukwila
PROJECT NAME: Cascade View Drainage Improvements
1. Provide a clear description of the project to be financed in part by a Public Works ~mst
Fund loan. (Attach additional sheets if necessary):
This project will construct drainage and roadway improvements within the Cascade View
neighborhood. These improvements will consist of the following elements:
· A new storm sewer system and under-drains along approximately 7,000 linear feet of
public roadways.
· Provide storm sewer stub-outs to the edge of the public right-of-waY to each private
parcel and require that the residents connect roof drains, sump pumps, and other
private drainage features to them.
· Replace approximately 15,000 linear feet of curb, gutter, and sidewalks.
· Repair approximately 11,000 square yards of failing pavement.
· Resurface approximately 21,00.0 square yards of roadway.
· Provide water quality treatment'through the use of Vortex, Stormceptor, or other
similar water quality devices.
· Return base flows to Southgate Creek.
2. Identify the project's performance measures. (Attach additional sheets if necessary.)
By the completion of the construction of this project, the number of residents experiencing
the effects of severe ground water problems will be reduced from 90% to-less than 10%.
Severe groundwater problems are defined as visible damage (molds, standing water, etc.)
within homes .and/or unusable portions of the surrounding property.
3. The term of this loan will be based on an engineer's certification of the expected useful life of
the improvements, as stated below, or 20 years, whichever is less. If the local government
prefers the term of its loan to be less than either 20 years or the useful life of the
improvements, the preferred loan term should be indicated: 20 years.
4. I, Ryan D. Larso~, licensed engineer, certify that the average expected useful life for the
improvem~n~fscribe/.~ bove is 40 years. .
Signed: ~/~//~/"~ :,gz)'~-~',~/
/
Date: 1/14/2004
Telephone: 206~2456
C:~Doeuments and Settings~Ryan-L~Desktop~Scope_of_work.doc
Scope of Work
Page Two
Loan Number: PW-04-691-070
Estimated Prelect Costs:
Total Costs
Engineering $ 490,000
Environmental Review $ 20,000
Land/R-O-W Acquisition $ 0
Public Involvement/Information $ 5,000
Other Fees $ 0
Construction $ 3,450,000
Construction Inspection $ 690~000
Contingency ( 10 % of Const.) $ 414,000
1. Other (Specify) $
2. Other (Specify) $
TOTAL ESTIMATED COSTS $ 5,069,000
Anticipated Fund Sources:
A. Federal Grants CDBO $ 306,715
State Grants $
B. Locally Generated Revenue
General Funds $
Capital Reserves $
Other Fund - Enterprise Fund $ Storm Utility ' $466,229
Rates $
Assessments $
Special Levies · $
Federal Lean(s) from: (identify all)
$
State Loan(s) from: (identify all) Pre-Const. $100,000
$
$
Other: (identify sources)
$
$
TOTAL LOCAL REVENUE $ $566,229
C. PUBLIC WORKS TRUST FUND LOAN $ ~ 4,196,056
C:\Documents and Settings\Ryan-L~Desktop\Scope_of_work.doc
Scope of Work
Page 3
Loan Number: PW-04-691-070
Calculating Local Percentage:
Notes: 1. Grant funds cannot be counted as local match.
Calculate as follows:
$566,229
$4,196,056 + $566,229 - Local Percentage 11.89%
The local contribution must be at least:
Five percent (5%) for a loan interest rate of 2%
Ten percent (10%) for a loan interest rate of 1%
Fifteen percent (15%) for a loan interest rate of 0.5%
P:~PROJECTS~A- DR Projects\00dr06 (Cascade View)\Trust fund Scope_oLwork.doc
PUBLIC WORKS TRUST FUND
ATTACHMENT I1: ATTORNEY'S CERTIFICATION
I, , 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 record 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 Date
Name
Address
T:\Contracting\CONTRAC'~Attcert.doc
Utilities Commi.ttee
April 20, 2004
Present: Para Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, Bob Giberson, Gail Labanara, Ryan Larson, Mike
Cusick, Rebecca Fox, Pat Brodin, Lucy Lautorbach
1. Waste Reduction and Recycling Grant Interlocals Rebecca said the City receives grants from
both King County Solid Waste and the State Department of Ecology (DOE). She had outlined how the
$77,575 grant from King County would be spent over two years. It covers special recycling for hard-
to-recycle goods such as batteries and electronic equipment, and for compost and worm bin sales to
residents. The majority of funds go to aid business recycling, which accounts for 75% of the City's
waste. Funding from the County (and State) has been decreasing each cycle. DOE's two-year grant is
for $14,487, and requires a 25% match, which will be provided by the King County grant funds. It will
also be spent on worm and compost bin sales, and for business recycling. There are two agreements,
one for each grant. Recommend both agreements for Mayor's signature to COW and Regular
Meeting.
2. Cascade View Public Works Trust Fund Loan Acceptance The City asked for a loan of
Works Trust Fund, and will receive it. The funds will be used to construct
$4,196,056
from
the
Public
the Cascade View drainage improvements. The City's contribution to the project is $466,229 and using
other grants and loans as well will make a total $5.1 million cost. The loan is for 20 years at a 1% rate.
Later in the meeting Dennis expressed some concern over how this loan repayment would affect
general fund revenues. Staff stated almost all of the project would be paid from the utility funds, as
pipes for water, sewer and surface water are under sidewalks and the road so repairs would be
considered restoration. The general fund would pay for road improvements if roads were the main
project. Recommend loan acceptance to COW and Reeular Meetines.
3. Cascade View Drainage Public Meeting Ryan showed some drawings of proposed street
changes that might be made in Cascade as improvements are built. Staff said car speeds were one of
the neighborhood's biggest problems. Staff is considering building comer bulbouts at intersections to
define intersections and slow traffic. The road will appear to be narrower, though it will have a wider
pavement area. If cars are parked on the roadway, traffic may slow because of the apparent nearness of
cars. Trees may be added, though Ryan was hesitant to put trees in where they're trying to get rid of
surface water. Pam L said staffhas been extremely patient and helpful thus far, and thanked them. Jim
M said there will be one more open house when designs are 90% complete. Information.
4. Allentown/Foster Point Water and Sewer Loan The City applied for and has received a Public
Works Trust Fun (PWTF) loan for sewers in Allentown and Foster Point. This loan is for $5.7 million,
and has a 2% rate for 20 years. Jim M raised the issue of Metro connection fees increasing 58% at the
first of the year.' He is interested in trying to alert residents they should sign up for Metro KC
connections this year to avoid the increase, though they won't acthaily connect until 2005. The
Committee members agreed that would be a good move. Recommend loan acceptance to COW and
Regular Meetings.
5. First Quarter Reports Jim passed out new copies of the quarterlies. The Committee was
impressed that staff already cleaned out most of the City pipes. Information.
~?~o, Committee chair approval