Public Works Trust Fund Pre-Construction Interlocal Loan Agreement PW-02-691-PRE-123PUBLIC WORKS TRUST FUND
PRE -CONSTRUCTION LOAN AGREEMENT
NUMBER PW-02-691-PRE-123
EDMONDS
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. 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 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 EC&OMIC
Sung Yang, Deputy Director
Office of Community Development
I]- 4(3 __�, v
Date
APPROVED AS TO FORM ONLY
9th Day of January, 2002
Christine O. Gregoire
Attorney General
By: Signature on File
Assistant Attorney General
Jeanne A. Cushman
LOCAL GOVERNMENT
Title f � "
L 6 LZ
Date
Federal Taxpayer Identification Number
_4�3Q36
CON/ -
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2002 PWTF Pre -Construction Loan Agreement
PART II: INTRODUCTION
This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, (or its
successor) a department of the state of Washington (referred to as the 'BOARD"), and EDMONDS
(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 $340,000.00. The interest rate shall be one-half percent
(1/2%) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years,
with the final payment due July 1, 2022.
4.02 Local Project Share
The LOCAL GOVERNMENT pledges an amount of locally -generated revenue not less than fifteen
percent (15%) 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.
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2002 PWTF Pre -Construction Loan Agreement
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 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 an 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 eighty five percent (85%) 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 seventy-five
percent (75%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL
GOVERNMENT.
At the time of project completion, a Close-out Report, (refer to Section 4.18 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 eighty
five percent (85%) of the eligible project costs or the total of $340,000.00, whichever is less, nor shall
this disbursement occur prior to the completion of all project activities. The Close-out Report shall
serve as a contract AMENDMENT for determining the final loan amount, interest rate, and local share.
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2002 PWTF Pre -Construction Loan Agreement
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 eighty five
percent (85%) of eligible costs, all funds in excess of eighty five percent (85%) 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 the 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 (3) months after the date of loan agreement execution and reach project
completion no later than eighteen (18) 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.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 2003, 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-half percent (1/2%) 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 the
BOARD 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.
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2002 PWTF Pre -Construction Loan Agreement
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time,
and the right to repay at a faster rate than is provided in this agreement, provided that any such payment
must equal or exceed the amount normally due on an annual basis.
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through
the use of a check, money order, or equivalent means made payable to the Department 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 according to the option designated in Section 4.09 '
Loan Security. The name of the fund, account, or sub -account shall be &�_�
4.08 Default in Repayment
Loan repayments shall be made to the Department of Community, Trade and Economic
Development, or its successor, 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.
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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2002 PWTF Pre -Construction Loan Agreement
4.09 Loan Security
The LOCAL GOVERNMENT must select one of the following options for securing repayment of
the loan. Please initial the appropriate option.
1. General Obligation: This loan is a general obligation of the LOCAL
GOVE ENT.
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.
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2002 PWTF Pre -Construction Loan Agreement
4.10 Recordkeeping 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 these records for a period of six years from the date of
project completion. 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 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 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 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 I: SCOPE OF WORK, the
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2002 PWTF Pre -Construction Loan Agreement
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 shall declare the entire remaining balance of the loan, together with any interest accrued,
immediately due and payable.
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 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 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 copy of the Close-out Report.
2. A copy of a resolution accepting the project design as being complete.
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.
4.19 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 twenty-five percent (25%) of the
loan amount.
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2002 PWTF Pre -Construction Loan Agreement
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 Entezprises (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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2002 PWTF Pre -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 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.
5.03 Nondiscrimination Provision
During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal
and state nondiscrimination laws, including, but not limited to chapter 49.60 RCW, Washington's Law
Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any
applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or
terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further
contracts with the BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time
in which to cure this noncompliance.
5.04 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 I: SCOPE OF WORK.
5.05 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.
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2002 PWTF Pre -Construction Loan Agreement
PUBLIC WORKS TRUST FUND
Pre -Construction Program
ATTACHMENT 1: SCOPE OF WORK
PW-02-691-PRE-123
CITY OF EDMONDS
220m Street SW Improvements
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 design, environmental and public outreach effort have been broken up into the
following elements:
■ Project Administration
■ Community Outreach
• Survey and Base -mapping
■ Utility Investigation
• Geotechnical Investigation
Traffic Analysis
Preliminary Design
• Environmental Documentation, Approvals and Permits
• Value Engineering Study
0 60%, 90% and 100% Plans Specifications and Estimates
• Prepare Right-of-way Documentation
Advertise the Project
2. The term of this loan will be twenty years.
I:\Contracting\Pre-Con\PC Scope 02 PRE 123.dot
Scope of Work
Page Two
PW-02-691-PRE-123
Estimated Project Costs:
Engineering
Environmental Review
Land/R-O-W Acquisition
Permits
Bid Documents
1. Other (specify)
Public Involvement/Information
TOTAL ESTIMATED COSTS
Anticipated Fund Sources:
A Federal Grants
State Grants
B. Transportation CIP Fund
$ 40,000
Stormwater CIP Fund
$ 201000
Capital Reserves
$
Other Fund
$
Rates
$
Assessments
$
(LID, RID, ULID)
$
Special Levies
$
Federal Loan(s) from: (identify all)
State Loan(s) from: (identify all)
Other: identify sources)
TOTAL LOCAL REVENUE
C. PUBLIC WORKS TRUST FUND LOAN
Total
$ 40,000
$ 20,000
$ 10,000
$ 300,000
$ 30,000
$ 400,000
Ea
$ 60,000
$ 340,000
I:\Contracting\Pre-Con\PC Scope 02 PRE 123.dot
Scope of Work
Page 3
PW-02-691-PRE-123
Calculating Local Percentage: (Note: Please exclude any expansion/growth costs and
funding before calculating the local percentage.)
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue =
6$ 0,000
$60,000 + $340,000 = 15%
The local contribution must be at least:
Five percent (5%)
Ten percent (10%)
Fifteen percent (15%)
Local Loan Percentage
for a loan interest rate of
for a loan interest rate of
for a loan interest rate of
2%
1%
0.5%
(:\Contracting\Pre-Con\PC Scope 02 PRE 123.dot
Public Works Trust Fund
ATTACHMENT II: ATTORNEY'S CERTIFICATION
bJ- 1, l i. r , (` hereby certify:
am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the i a -�
(the LOCAL GOVERNMENT); and
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
limit � ns ap licable to the LOCAL GOVERNMENT.
QZ_to I D Z-
Signa ure of Atto ey Date
Name
ell
Address
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE • PO Box 42525 •Olympia, Washington 98504-2525 • (360) 725-4000
www.commerce.wa.gov
September 15, 2014
Contracts Administrator
Edmonds, City of
121 5th Avenue North
Edmonds, WA 98020
RE: Public Works Trust Fund
Loan Repayment Date Amendment to Loan Agreement/Contract PW-02-691-PRE-123
Dear Sir or Madam,
Enclosed are two copies of the amendment for your Public Works Loan Agreement modifying the annual
repayment date from July 1 to June 1. This action is being taken at the direction of the legislature and the
Office of Financial Management to better align the billing and budget projections with the state's biennial
budget cycle. Your new repayment date will now be June 1.
• For 2015, your billing cycle is July 1, 2014 through May 31, 2015 and includes 11 months of principle
and interest.
• For 2016 and thereafter, your billing cycle is from June 1 through May 31 and includes 12 months of
principle and interest.
All other instructions regarding your loan repayments are the same and billings will be mailed out thirty days
earlier as well to meet this new repayment date.
Please sign and return both copies of the amendment to our office no later than November 14, 2014.
Department of Commerce
Attn: Contracts Administration Unit
P. O. Box 42525
Olympia, WA 98504-2525
If you have any questions, concerns or need additional information, please do not hesitate to call me at (360)
725-3022 or email me at mark.barkley@commerce.wa.gov.
Sincerely,
Mark K. Barkley
Managing Director
Contracts Administration Unit
/o-y��l i-��
AMENDMENT FACE SHEET
Loan Number: PW-02-691-PRE-123
Amendment Number: A
Washington State Department of Commerce
PUBLIC WORKS BOARD
Loan Contract
1. Contractor
Edmonds, City of
121 5th Avenue North
Edmonds, WA 98020
3. Contractor Representative (only if
updated)
N/A
5. Original Contract Amount
$ 340,000.00
8. Amendment Funding Source
Federal: ❑ State: 0 Other: ❑ N/A: ❑
2. Contractor Doing Business As (optional)
N/A
4. Public Works Board Representative (only if updated)
N/A
6. Amendment Amount 7. New Contract Amount
N/A I N/A
9. Amendment Start Date
October 15"', 2014
10. Contract End Date
June 1, 2022
11. Federal Funds (as applicable): Federal Agency: CFDA Number:
N/A N/A N/A
12. Amendment Purpose:
The purpose of this amendment is to formally alter the day and month in which loan payments are due from July 1 to
June 1.
The Board, defined as the Washington State Public Works Board, and Borrower/Contractor acknowledge and accept -
the terms of this Agreement/Contract As Amended and attachments and have executed this Contract on the date below
to start as of the date shown above. The rights and obligations of both parties to this Agreement/Contract As Amended
are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference:
Amendment Terms and Conditions including all attachments. A copy of this Agreement/Contract Amendment shall be
attached to and made a part of the original Agreement/Contract between the Board and the Borrower/Contractor. Any
reference in the original Contract to "Agreement" or "Contract" shall mean the "Agreement As Amended" or "Contract
As Ame ed,° respectively.
FORT BORROr , TAACTOR FOR PUBLIC WORKS BOARD
Dare Earli
Print Name
Mayor
Title
Date
Stan Finkelstein, Public Works Board Chair
APPROVED AS TO FORM ONLY
This 15m Day of July. 2013
Bob Ferguson
Attorney General
Signature on File
Kathryn Wyatt
Assistant Attorney General
Edmonds, City of
PW-02-691-PRE-123
Page 1
Loan End Date Amendment
All PWTF Programs
AMENDMENT TERMS AND CONDITIONS
Washington State Department of Commerce
PUBLIC WORKS BOARD
Loan Contract
Contractor/Borrower: Edmonds, City of
Contract Number: PW-02-691-PRE-123
Amendment Number: A
The Public Works Board (or its successors), a department of the State of Washington, (hereafter referred to as
the "Board") and the Contractor, listed on the Face Sheet, agree to amend the above listed contract by revising all
clauses contained therein that reference (in whole or in part) the annual Loan Repayment month and Loan End
Date month.
The Loan Repayment and Loan End Date months shall be revised to read "June 1" instead of "July 1" as the
month and day in which all loan repayments are to be made. The final payment shall be on or before June 1,
2022, of an amount sufficient to bring the loan balance to zero.
Edmonds, City of
PW-02-691-PRE-123
Page 2
Loan End Date Amendment
All PWTF Programs
AMENDMENT FACE SHEET
Loan Number: PW-02-691-PRE-123
Amendment Number: A
Washington State Department of Commerce
PUBLIC WORKS BOARD
Loan Contract
1. Contractor 1 2. Contractor Doing Business As (optional)
Edmonds, City of N/A
121 5th Avenue North
Edmonds, WA 98020
3. Contractor Representative (only if 4. Public Works Board Representative (only if updated)
updated)
N/A N/A
5. Original Contract Amount 6. Amendment Amount 7. New Contract Amount
$ 340,000.00 N/A N/A
8. Amendment Funding Source 9. Amendment Start Date ' 10. Contract End Date
Federal: ❑ State: 0 Other: ❑ N/A: ❑ October 15th, 2014 June 1, 2022
11. Federal Funds (as applicable): Federal Agency: CFDA Number:
N/A N/A N/A
12. Amendment Purpose:
The purpose of this amendment is to formally alter the day and month in which loan payments are due from July 1 to
June 1.
The Board, defined as the Washington State Public Works Board, and Borrower/Contractor acknowledge and accept
the terms of this Agreement/Contract As Amended and attachments and have executed this Contract on the date below
to start as of the date shown above. The rights and obligations of both parties to this Agreement/Contract As Amended
are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference:
Amendment Terms and Conditions including all attachments. A copy of this Agreement/Contract Amendment shall be
attached to and made a part of the original Agreement/Contract between the Board and the Borrower/Contractor. Any
reference in the original Contract to "Agreement' or "Contract" shall mean the "Agreement As Amended" or "Contract
As Am ed," respectively.
FOR T BORR
Is 71
Signature
Dave Earling
Print Name
Mayor_
Title
�0J9/14 �.
Date
FOR PUBLIC WORKS BOARD
Stan Finkelstein, Public Works Board
Date
APPROVED AS TO FORM ONLY
This 1511' Day of July, 2013
Bob Ferguson
Attorney General
Signature on File
Kathryn Wyatt
Assistant Attorne
General
Edmonds, City of Page 3 Loan End Date Amendment
PW-02-691-PRE-123 All PWTF Programs
AMENDMENT TERMS AND CONDITIONS
Washington State Department of Commerce
PUBLIC WORKS BOARD
Loan Contract
Contractor/Borrower: Edmonds, City of
Contract Number: PW-02-691-PRE-123
Amendment Number: A
The Public Works Board (or its successors), a department of the State of Washington, (hereafter referred to as
the "Board") and the Contractor, listed on the Face Sheet, agree to amend the above listed contract by revising all
clauses contained therein that reference (in whole or in part) the annual Loan Repayment month and Loan End
Date month.
The Loan Repayment and Loan End Date months shall be revised to read "June 1" instead of "July 1" as the
month and day in which all loan repayments are to be made. The final payment shall be on or before June 1,
2022, of an amount sufficient to bring the loan balance to zero.
Edmonds, City of
PW-02-691-PRE-123
Page 4
Loan End Date Amendment
All PWTF Programs