HomeMy WebLinkAboutPublic Works Trust Fund Loan PW-00-691-043PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PW -00-691-043
Pasco '
PART I: ENTIRE 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 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 H: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this
agreement.
The PUBLIC WORKS BOARD 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 Walls
Director, Local Government Division
2
Date
APPROVED AS TO FORM ONLY
9th Day of March. 2000
Christine O. Gregorie
Attorney General
By: Signature On File
Assistant Attorney General
Jeanne A. Cushman
(Print Name)
3/9/2000
(Date)
LOCAL GOVERNMENT
W4 � & 2 t
Name
Mck�40 �
Title U
(A pc21 111 a0yo
D
qI-
Federal Taxpayer Identification Number
APR 2 4 2000
!a, iii,Itl�ii W'IN)ili iOU0A°
Page 1
2000 PWTF Construction Loan Agreement
CTED Contract Number S00-69100-044
PART II: INTRODUCTION
This loan agreement is made and entered into by.and between the PUBLIC WORKS BOARD, or its
successor, (referred to as the "BOARD"), a department of the state of Washington, and Pasco (referred to as
the "LOCAL GOVERNMENT").
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 BOARD 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. 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 $2,100,000.00. 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, 2020.
4.02 Local Project Share
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.
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.
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2000 P WTF Construction Loan Agreement
CTED Contract Number S00-69100-044
4.03 Disbursement of Loan Proceeds
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 L• 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.
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 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 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 to the LOCAL GOVERNMENT within thirty (30) days of the
execution of a Notice to Proceed following the formal award of a contract for engineering services.
At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be
submitted to the BOARD 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 $2,100,000.00 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 of Community, Trade and Economic
Development, or its successor, within thirty (30) days of submission of the Close-out Report.
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.
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2000 PWTFConstruction Loan Agreement
CTED Contract Number 500-69100-044
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 L• SCOPE OF
WORK no later than three months after loan agreement execution, 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. hi 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, 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 one percent (1%) per annum, 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 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.
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2000 PWTF Construction Loan Agreement
CTED Contract Number S00-69100-044
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
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, gen rail obligation
revenues, or a combination thereof. The name of the fund, account, or sub -account shall be
a"e .
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 (3 1) 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 BOARD 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 BOARD 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 BOARD in any action
undertaken to enforce its rights under this section.
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2000 PWTF Construction Loan Agreement
CTED Contract Number 500-69100-044
4.09 Loan Securi
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial/the appropriate option.
1. XGeneral 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
C�1:7
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.
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2000 PWTF Construction Loan Agreement
CTED Contract Number S00-69100-044
4. 10 Recordkeenina and Access to Records
The BOARD, 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.
4.11 Reports
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 omissions 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, and Waivers
Except for an increase 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 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 BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may be waived unless approved by the BOARD in writing.
4.14 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 1: SCOPE OF WORK, the BOARD may
terminate the agreement in whole or in part at any time. The BOARD 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 BOARD may declare the
entire remaining balance of the loan, together with any interest accrued, immediately due and payable.
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2000 P WTF Construction Loan Agreement
CTED Contract Number 500-69100-044
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.
4.16 Governine 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 parry is
entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW).
4.17 Severabili
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 Project 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 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.
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2000 PWTF Construction Loan Agreement
CTED Contract Number S00-69100-044
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 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 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 Signs
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers
identifying those agencies participating financially in the approved project, the sign or marker must identify
the Washington State Public Works Trust Fund as a participant in the project.
4.22 Utilization of Minority and Women's Business Enterprises (MWBE)
In accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the BOARD
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
BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
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2000 PWTF Construction Loan Agreement
CTED Contract Number 500-69100-044
4.24 Historical and Cultural Artifacts
The LOCAL GOVERNMENT agrees that if historical or cultural artifacts 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 contracts for work or
services related to ATTACHMENT ONE: SCOPE OF WORK,
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.
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2000 PWTF Construction Loan Agreement
CTED Contract Number S00-69100-044
PUBLIC WORKS TRUST FUND
ATTACHMENT 1: SCOPE OF WORK
PW -00-691.043
City of Pasco
(Jurisdiction)
Riverview Area Trunk Sewer/Southeast Sewer Interceptor
(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):
The projects consist constructing two (2) interceptor sewer pipelines. The first pipeline is the
Southeast Sewer Interceptor. This pipeline connects to a $900,000 sewer pumping station currently
under construction. The pipeline will extend easterly from the pump station approximately 11,000 feet
and will be 18 to 30 inches in diameter with 30 manholes. The depth of the pipeline will vary from 8
to 30 feet. The pipeline will replace an old sewer lagoon treatment system at the Port of Pasco and
septic tanks. The second pipeline is the Riverview Sewer Interceptor. This pipeline will connect to $2
million pipelines installed by the City in 19998. The pipeline will extend westerly approximately
15,000 feet from Road 56 to approximately Road 100. The pipeline will average 8 to 10 feet in depth
and will be in some roadways and will have 35 manholes. The pipeline will replace septic tanks.
Due to natural terrain, the pipelines will be layed at very flat grades. These flat grades dictate the need
for the large pipeline sizes.
2. 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: years.
3. I, Robert J. Alberts licensed engineer, certify that the average expected
useful life for the improvements described above is 70 years.
Signed: i%Q "
Date:M iro S fL000
Telephone: 5P - Sq.5"- Iv t/6
\\PASCO SERVER 1\ENGINEERING\Kim H. ONLY\WORD DOCUMENTS\PROJECTS\Riverview Sewer Ext\PWTF
Scope of Work - Construction.doc
Scope of Work
Page Two
PW -00-691-043
Estimated Project Costs:
Preliminary Engineer Report
Design Engineering
Bid Document Preparation
Environmental Studies
Land/R-O-W Acquisition
Sales or Use Taxes
Other Fees
Construction Inspection
Start-up Costs
Financing Costs
Contingency ( 7%)
Construction
TOTAL ESTIMATED COSTS
Anticipated Fund Sources:
A. Federal Grants
State Grants
Total
Expansion
Repair or
or Growth
Replacement
$
$
$
0
$ 40,000
$
2,000
$
0
$ 5,000
$
250
$
0
$
$
$
0
$ 200,000
$
10,000
$
0
$ 50,000
$
2,500
$
0
$
$
$
0
$
$
$
0
$ 205,000
$
10,000
$
0
$ 2,500,000
$
125,000
$
0
$ 3,000,000
$
149,750
$
B. Locally Generated Revenue
General Funds
Capital Reserves
Other Fund
Rates
Assessments
(LID, RID, ULID)
Special Levies
Federal Loan(s) from: (identify all)
State Loans) from: (identify all)
Other: (identify sources)
TOTAL LOCAL REVENUE
C. PUBLIC WORKS TRUST FUND LOAN
$ 1,049,750
$ 0
$ 0
$ 1,049,750
$ 2,100,000
\\PASCO SERVER 1\ENGINEERING\Kim H. ONLIIWORD DOCUMENTS\PROJECTS\Riverview Sewer EM\PWTF
Scope of Work - Construction.doc
Scope of Work
Page 3
PW -00-691-043
Calculating Local Percentage:
Notes: L 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 33
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%
\\PASCO SERVER 1\ENGINEERING\Kim H. ONLY\WORD DOCUMENTS\PROJECTS\Riverview Sewer Ext\PWTF
Scope of Work - Construction.doc
Public Works Trust Fund
ATTACHMENT II: ATTORNEY'S CERTIFICATION
!a `
hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the (1, N- RA, i � YC? -i(` 11)
(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.
ignature o Attomey D e
4C-` U\ t ^i i s ;
Name