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HomeMy WebLinkAbout4332 Resolution - Amendment 1 to WA State Dept of Health Loan RESOLUTION NO. 4332 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AND EXECUTE AMENDMENT NO. 1 TO THE WASHINGTON STATE DEPARTMENT OF HEALTH (WSDOH) DRINKING WATER STATE REVOLVING FUND FOR THE WEST PASCO WATER TREATMENT PLANT EXPANSION PHASE 1 PROJECT. WHEREAS, the West Pasco Water Treatment Plant (WPWTP) Expansion Project is a multi-phase project that will increase treatment capacity and improve resiliency and redundancy of the potable water system for Pasco; and WHEREAS, Phase 1 of the project includes necessary upgrades to the WPWTP, including: additional membrane treatment units, filter—to-waste piping, new clarifier and equipment for residuals handling and recycling, and telemetry and control system; and WHEREAS, to help fund these improvements, the City applied for and received a $5 million dollar low-interest State Revolving Fund (SRF) loan from the Washington State Department of Health(WSDOH); and WHEREAS, the initial loan was approved by City Council on July 12, 2021, with Resolution 4028; and WHEREAS,this Amendment was pursued due to ongoing construction needs associated with the change orders approved by City Council on January 17, 2023, with Resolution No. 4300 and Ordinance No. 4635; and WHEREAS, to make the WSDOH loan amendment funds available, execution of the Amendment is required, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council does hereby approve of the WSDOH loan amendment, and the Interim City Manager is hereby authorized to execute the amendment to the current Drinking Water State Revolving Fund Loan; and to make minor substantive changes as necessary to execute the Amendment. Be It Further Resolved that this Resolution shall take effect and be in full force immediately upon passage by the City Council. Resolution—Amendment No. 1 to WSDOF Loan for WPWTP Expansion- 1 PASSED by the City Council of the City of Pasco, Washington, at a council meeting on this 3rd day of April, 2023. `� Bl e arajas Mayor ATTEST: APPROVED AS TO FORM: —��l� � Debra Barham, CMC Kerr F son Law, PLLC City Clerk Ci Attorneys Resolution—Amendment No. 1 to WSDOF Loan far WPWTP Expansion-2 '' Washingtan Stafe Depnrtment of � CONTRACT AMENDMENT �Hea t 1. NAME OF CONTRACTOR 2. CONTR.ACT NUMBER City of Pasco DOH Contract#DWL26037 1 a. ADDRESS OF CONTRACTOR(STREET) 2a. AMENDMENT NUMBER Po Box 293 lb. CITY, STATE,ZIP CODE 1 Pasco, WA 99301-0293 3. � THI5 ITEM APPLIES ONLY TO BILATERAL AMENDMENTS. The Contract identified herein,including any previous amendments thereto,is hereby amended as set forth in Item 5 below by mutual consent of all parties hereto. 4. ❑ THIS ITEM APPLIES ONLY TO UNILATERAL AMENDMENTS. The Contract identified herein,including any previous amendments thereto,is hereby unilaterally amended as set forth in Item 5 below pursuant to that changes and modifications clause as contained therein. 5. DESCRIPTION OF AMENDMENT: The purpose of this amendment is to increase loan#DWL26037 by$303,000 ($300,000 to cover cost over-runs and$3,000 for processing fee/loan fee). Sa. Consideration: This amendment increases the Contract Consideration by$303,000;therefore,the revised maximum consideration of this contract and all amendments shall not exceed$5,353,000.00 in total. Source of Funds for this Amendment: (FED)$300.000.00; (ST) 3$ ,000.00; Total 5303.000.00 Contractor agrees to comply with applicable rules and regulations associated with these federal funds. Sd. Period of Performance: remains unchanged through 10/O1/2040. Se. The Effective Date of this Amendment: is the Date of Execution. 6. All other terms and conditions of the original contract and any subsequent amendments thereto remain in full force and effect. ! 7. ❑This is a unilateral amendment. Signature of contractor is not required below. � Contractor hereby acknowledges and accepts the terms and conditions of this amendment. Signature is required below. 8. CONTRACTOR SIGNATURE (also,please print/type your name) DATE 9. DOH CONTRACTING OFFICER SIGNATURE DATE This document has been approved as to form only by the Assistant Attorney General. DOH Amendment#1 Contract#DWL26037-1 Page 1 of 2 Revision 11/17 EXHIBIT A Statement of Work DOH Contract DWL26037 3. DECLARATIONS 3.1. BORROWER INFORMATION Legal Name: City of Pasco Loan Number: DWL26037 Award Year: 2020 State Wide Vendor Number: 0007164-00 3.2. PROJECT INFORMATION (PROJECT) Project Title: West Pasco Treatment Plant Improvements Project Location: Pasco / Franklin County Project State: Washington Project Zip Code: 99031 Project Scope of Work(PROJECT):Attachment I, attached hereto and incorporated by reference. 3.3. CONTRACT COMMUNICATION Communications regarding Contract performance is delegated by each party to its Contract Manager. Either party may change its Contract Manager by express notice to the other party. Either party may identify on an as needed basis an alternate Contract Manager to serve during the stated temporary absence af its primary Contract Manager. Notices between the parties regarding Contract performance must be provided by written communication to the other party's Contract Manager. Written communication includes email but not voice mail. Notices are presumed received by the other party's Contract Manager upon evidence of delivery between the hours of 8:00 am to 5:00 pm except for state holidays and weekends. �.4. LOAN INFORMATION Loan Amount: $303,000.00 Loan Fee (Included in loan amount): 1.0% $3,000.00 Principal Loan Forgiveness%: 0% Loan Term: 10/1/2040 Interest Rate: 1.75% Payment Month(s): October 1$'<Annually> Time of Performance: 48 months from Contract start date (date of last signature)to Project Completion date. iVotice to Proceed: 18 months from Contract start date (date of last signature) 3.5. FUNDING INFORMATION Total Funds from BORROWER: To be determined Source(s)of Funds from Borrower,with assigned amounts per source: To be determined Total State Funds: To be determined Total Amount of Federal Award (as applicable): To be determined Total Amount of Loan: $303,000.00 Federal Award Date: To be determined Federal Award ID#(FAIN): To be determined Amount of Federal Funds Obligated by this Action: N/A 3.fi. SPECIAL TERMS AND CONDITIONS N/A DOH Amendtnent#1 Commerce Contract#DWL26037-1 Revision 11/17