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HomeMy Public PortalAbout2004.12.21 Contract: DEQ/McCall Loan No. DW-9922 E. Estimated Project Budget 1.. Administration&Legal $40,000 1. Engineering Fees 241,200 2. Construction 1,518,800 3. Total $1,800,000 SECTION III. GENERAL CONDITIONS This offer may only be accepted by signature by an authorized representative of the Applicant. Upon acceptance by the Applicant,this offer shall become a loan contract and the Applicant shall become a Borrower.By accepting this offer,the Borrower agrees to all terms and conditions set forth in this document and the Rules: The Borrower agrees: A. To not transfer,assign or pledge any beneficial interest in this contract to any other person or entity without the prior written consent of the Director of the Department of Environmental Quality(Director).To not enter into sale,lease or transfer of any of the property related to the project. To not make any additional material encumbrances to the project without the prior written consent of the Director. To not incur any liabilities that would materially affect the funds pledged to repay this loan without the prior written consent of the Director. To not delegate legal responsibility for complying with the terms,conditions,and obligations of this contract without the prior written consent of the Director. Notwithstanding any other provision of this paragraph,the Borrower may sell or otherwise dispose of any of the works, plant, properties and facilities of the project or any real or personal property comprising a part of the same which shall have become unserviceable,inadequate,obsolete or unfit to be used in the operation of the project, or no longer necessary, material or useful in such operation, without the prior written consent of the Director. B. To enter into such contractual arrangements with third parties as it deems advisable to assist it in meeting its responsibilities under this contract. C. To fulfill all declarations, assurances,representations and statements in the application and all other documents, amendments and communications filed with the Department by the Applicant in support of the request for this loan. 2 STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1410 North Hilton•Boise,Idaho 83706-1255•(208)373-0502 December 15, 2004 The Honorable Kirk Eimers Mayor, City of McCall 226 Park Street McCall, Idaho 83638 Dirk Kempthorne,Governor Toni Hardesty,Director Dear Mayor Eimers: I am please to inform you that your application for loan in the amount of$1,800,000 from the Drinking Water State Revolving Fund has been accepted. The loan offer is enclosed. Once this offer has been accepted by the City,please complete the project schedule on page 5 and 6 and sign the offer on page 10. A copy of the signed offer should be kept in the city's files. The original loan offer and the completed EPA Form 4700-4 should be returned to Bill Jerrel in this office at the address listed above. If you have any questions regarding this loan offer please contact Bill Jerrel at 373-0400 or Monty Marchus in our Boise regional office at 373-0550. Sincerely, �t- Toni Hardesty Director Enclosures c: Monty Marchus, Boise Regional Office STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY LOAN OFFER, ACCEPTANCE AND CONTRACT FOR DRINKING WATER TREATMENT DESIGN AND CONSTRUCTION SECTION I. INTRODUCTION The Idaho Department of Environmental Quality(Department)is authorized by Title 39,Chapter 76 of the Idaho Code,to make loans from the State Drinking Water Revolving Loan Account(Account) to assist public water systems in the construction of drinking water treatment facilities. The Department has determined that the City of McCall(Applicant)has established eligibility for a loan under the terms of the Idaho Code and the Rules for Administration of Drinking Water Loan Account, Title 1, Chapter 20(Rules). A completed application for a Drinking Water Design and Construction Loan has been submitted to the Department by the Applicant. The Department hereby offers a loan to the Applicant according to the terms and conditions contained in this document and the Rules. SECTION II. DESCRIPTION OF PROJECT This loan offer is for design and construction of the following project: A. Loan Project Number: DW-9922 B. Name and Address of Applicant: C. Project Description: D. Terms: City of McCall 216 Park Street McCall, Idaho 83638 Construction of a water storage reservoir, pressure reducing valves,water booster station and associated piping. $1,800,000 at 3.25%interest to be repaid in biannual installments over 20 years. 1 Loan No. DW-9922 E. Estimated Project Budget 1.. Administration&Legal $40,000 1. Engineering Fees 241,200 2. Construction 1,518,800 3. Total $1,800,000 SECTION III. GENERAL CONDITIONS This offer may only be accepted by signature by an authorized representative of the Applicant. Upon acceptance by the Applicant,this offer shall become a loan contract and the Applicant shall become a Borrower.By accepting this offer,the Borrower agrees to all terms and conditions set forth in this document and the Rules: The Borrower agrees: A. To not transfer,assign or pledge any beneficial interest in this contract to any other person or entity without the prior written consent of the Director of the Department of Environmental Quality(Director).To not enter into sale,lease or transfer of any of the property related to the project. To not make any additional material encumbrances to the project without the prior written consent of the Director. To not incur any liabilities that would materially affect the funds pledged to repay this loan without the prior written consent of the Director. To not delegate legal responsibility for complying with the terms,conditions,and obligations of this contract without the prior written consent of the Director. Notwithstanding any other provision of this paragraph,the Borrower may sell or otherwise dispose of any of the works, plant, properties and facilities of the project or any real or personal property comprising a part of the same which shall have become unserviceable,inadequate,obsolete or unfit to be used in the operation of the project, or no longer necessary, material or useful in such operation, without the prior written consent of the Director. B. To enter into such contractual arrangements with third parties as it deems advisable to assist it in meeting its responsibilities under this contract. C. To fulfill all declarations,assurances,representations and statements in the application and all other documents, amendments and communications filed with the Department by the Applicant in support of the request for this loan. 2 Loan No. DW-9922 D. To comply with applicable State and Federal employment requirements including, but not limited to, Equal Employment Opportunity and Civil Rights requirements. E. To make efforts to award subagreements to Minority and Women-owned businesses (MBE/WBE). The fair share goals, 1%and 1%respectively,will be in bid solicitations and documentation of efforts to obtain MBE/WBE participation will be required of any contractor who fails to attain the goals. Quarterly reports of MBE/WBE utilization will be prepared on forms supplied by the Department. F. To provide evidence of ownership in the form of fee simple title or long-term lease and right of access or easements for real property on which the project is to be constructed. Clear title to all real property necessary for the successful operation of the facilities shall be guaranteed by the Borrower for the useful life of the project. G. To take affirmative action to ensure that the project shall be completed and operated in conformance with federal and state laws relating to occupational health and safety. H. That if prior to completion of this contract the project is damaged or destroyed,there will be no reduction in the amounts payable by the Borrower to the Department. I. That in the event there is any default in the payment of either the principal amount or the interest due under this contract, or any breach by the Borrower of any of the terms or conditions of this contract, the entire principal amount and whatever interest is due to the date of payment maybe declared due and immediately payable. The amount of such default shall bear the same interest rate as applies to the principal of this loan from the date of default until the date of payment by the Borrower. All costs incurred by the Department due to such default,including court costs and attorney's fees, shall be repaid by the Borrower to the Department . J. That any waiver by the Department at any time of the rights or duties under this contract shall not be deemed a waiver of any subsequent or additional rights or duties under this contract. K. That the use by the Department of any remedy specified in this contract for its enforcement is not exclusive and shall not deprive the Department of the right to seek any other appropriate legal or equitable remedy. L. That this agreement is binding upon the Borrower and the Department,and any person,office or entity succeeding the Borrower or the Department. M. To comply with all applicable federal, state and local laws. 3 Loan No. DW-9922 SECTION IV. PROJECT MANAGEMENT The Borrower agrees to: A. Require the prime engineering firm(s)and their principals retained for engineering services to carry professional liability indemnification to protect the public from the engineer's negligent acts and errors of omission of a professional nature. The total aggregate of the engineer's professional liability indemnification shall be one hundred thousand dollars ($100,000) or twice the amount of the engineer's fee, whichever is greater. Professional liability indemnification must cover all services rendered for all phases of the project, whether or not those services are state funded,until the certification ofproject performance is accepted by the Department. B. Comply with the Public Contracts Bond Act, Title 54, Chapter 19, Idaho Code, including requiring the prime construction contractor retained for construction to carry performance and payment bonds equal to one hundred percent (100%) of the contract price. The bond will be released when the constructed facility is accepted by the Borrower. C. Assure that contracts related to the project which provide for arbitration allow appeal of any resulting arbitration decision to a district court or allow the arbitration to be non-binding on both parties if either party desires not to use arbitration as a method of dispute settlement. D. Jointly with an engineering consultant provide assurances that the physical and operational integrity of the works,when constructed,will achieve the level of treatment provided for in the design specifications. E. Provide for the accumulation of funds through charges made for services or otherwise, for the purposes of(1) establishing a fund dedicated solely to the repayment of principal and interest on this loan, (2) capital replacement and (3) future improvement, betterment, and extension of such works occasioned by increased usage on the facility. F. Provide a plan and program for an equitable user charge system for payment of operation and maintenance of constructed facilities. The user charge system shall be approved by the Department and enacted by the Borrower prior to receiving final payment. Make available on an equitable basis the services of the project to the residents and commercial and industrial establishments of the area it was designed to serve. G. Develop and adopt a water system protection ordinance approved by the Department prior to receiving final payment of loan funds. H. Provide an operation and maintenance manual for the project approved by the Department 4 Loan No. DW-9922 prior to receiving final payment of loan funds. Provide adequate staffing and qualified operation and maintenance personnel as specified in the operation and maintenance manual approved by the Department. J. Assure that the operator in charge of the facility has a level of competency commensurate with the nature of the facility. He(She)must be certified as a Drinking Water Operator in a class equal to or greater than that of the facility. K. Assure that treatment facility personnel shall participate in operator training programs approved by the Department and designed to assure competence in the operation and maintenance of the facility. L. Commence satisfactory operation and maintenance of the drinking water treatment facility on completion of the project in accordance with applicable provisions,rules of the Department and any other applicable law,rule or regulation and not discontinue operation or dispose of the facility without the written approval of the Department. M. Review and update the user charge system at least biennially during the life of this agreement to assure that all costs including debt retirement, operation and maintenance are offset by sufficient revenues. N. Maintain project accounts in accordance with generally accepted government accounting principles issued by the Government Accounting Standards Board(GASB). SECTION V. SPECIAL CONDITIONS A. The Borrower shall complete the project in accordance with the following schedule: Number of months from Task Loan Acceptance 10%Design Review 50%Design Review 3 90%Design Review User Charge System Approved Water System Protection Ordinance Approved 3 Final Plans, Specifications and Bidding Documents �i Bid Summary 9 Award Construction Contract S Project Management Conference Plan of Operation Amendment 8 Draft Operation&Maintenance Manual 5 Loan No. DW-9922 8 Staffing Plan 9 Construction Completion 9 User Charge System Enacted 0 Water Protection Ordinance Enacted 9 Final O&M Manual Final Inspection 0 Initiate Operation I Final Payment The above schedule constitutes the project schedule;all amendments to the project schedule must be approved by the project engineer in the DEQ regional office, prior to becoming effective. B. The Borrower shall develop a formal capital budget to provide financial guidance for implementation of the Water System Master Plan. C. The Borrower shall develop a written customer service policy which should include public information guidance, complaint resolution procedures, problem response requirements, billing and other notification rules, and other actions the system can take to assure the customers that the water system is being run in the most professional manner possible. SECTION VI. SECURITY REQUIREMENTS The Borrower agrees: A. This loan will be evidenced and secured by a promissory note in the amount of$1,800,000. A copy of the promissory note ordinance will be attached to this contract and incorporated by reference upon project completion. B. To establish a reserve account that within 5 years will contain an amount equal to 1 year's repayment of principal and interest due on this contract. A minimum of 20 percent of the total reserve will be deposited annually during the 5-year period. In the event Borrower fails to make any repayment due on this contract,Borrower shall immediately use the funds in the reserve account to pay the past due principal and interest on this contract. Borrower will inform the Department in writing when funds from the reserve account are used. Within 30 days of using the funds in the reserve account, Borrower will replenish the reserve account in an amount equal to the amount borrowed from the reserve account. The reserve account may be used by the Borrower solely for the purpose of securing repayments on this contract. 6 Loan No. DW-9922 SECTION VII. LOAN DISBURSEMENTS The Borrower agrees: A. This loan shall be used solely to aid in the financing of the Borrower's project. B. Requests for actual disbursement of loan funds will be made by the Borrower using forms provided by the Department. Upon approval of the disbursement request by the Department loans funds shall be released to the Borrower. C. The costs set forth in Section II have been determined by the Department to be eligible costs for funding. Some of the costs, however, have been estimated, and the actual costs may differ from such estimated costs. A project review by the Department will determine final eligible costs for the project. D. If the actual eligible cost of the project is determined by the Department to be lower than the estimated eligible cost, the loan amount will be reduced accordingly. E. Payment of the final five percent (5%) of this loan shall be withheld until the following requirements are met: 1. The Borrower's engineer certifies(a)that the project has been constructed according to plans and specifications previously approved by the Department and (b) that the project is fully operational; and 2. The Department has inspected the project and verifies the engineer's certification;and 3. The Department has determined that all terms and conditions of this agreement have been met; and 4. A final loan repayment schedule has been completed; and 5. All security requirements of Section VI have been satisfied. F. This offer is subject to the existence of the offered sum of money in the Account at the time of payment. Should the offered sum of money not be available in the Account at the time of payment,the Department hereby agrees to pay the Applicant the offered sum of money on the basis of the Applicant's priority position immediately upon the accrual of said sum in the Account. 7 Loan No. DW-9922 SECTION VIII. REPAYMENT TERMS AND SCHEDULE The Borrower agrees: A. This loan shall be repaid in the manner set forth in the promissory note attached to this contract and incorporated by reference. B. To pay biannual payments of principal and interest and to fully amortize this loan not later than twenty years from project completion. Interest will begin accruing with the first disbursement. C. This loan contract shall remain in full force and effect until all loan proceeds, including principal and interest, have been paid in full or the contract is otherwise suspended or terminated by the Department. SECTION IX. SUSPENSION OR TERMINATION OF LOAN CONTRACT A. The Director may suspend or terminate this loan contract prior to final disbursement for,but not limited to,the following: 1. Commission by an employee or agent of the Borrower, of any of the following acts which affects the Borrower's obligations under this contract: fraud, embezzlement, theft, forgery, bribery, misrepresentation, conversion, malpractice, misconduct, malfeasance,misfeasance,falsification or unlawful destruction of records,receipt of stolen property or any crime for which the maximum sentence includes the possibility of one (1) or more years'imprisonment. 2. Violation(s) of any term of this loan contract; or 3. Any willful or serious failure to perform within the scope of the project, plan of operation and project schedule,terms of engineering subagreements,or contracts for construction; or 4. Utilizing a contractor or subcontractor who has been debarred for good cause by any federal or state agency from working on public work projects funded by that agency. B. The Director will notify the Borrower in writing and by certified mail of the intent to suspend or terminate this loan contract. The notice of intent shall state: 1. Specific acts or omissions which form the basis for suspension or termination; and 2. Availability of a contested case hearing,before the Board of Environmental Quality, 8 Loan No. DW-9922 conducted as provided for in the Rules of Administrative Procedure Before the Board of Environmental Quality, IDAPA 58.01.23. et seq. C. If the Borrower does not initiate a contested case hearing before the Board by filing a petition within the time period specified by the Rules of Administrative Procedure Before the Board of Environmental Quality,IDAPA 58.01.23 et.seq.,the Department may thereafter terminate or suspend the loan contract by written notice to the Borrower. If the Borrower initiates a contested case, the termination or suspension shall be determined by the Board. D. Upon written request by the Borrower with evidence that the cause(s) for suspension no longer exists, the Director may, if funds are available, reinstate the loan contract. If a suspended loan contract is not reinstated, the loan will be amortized and a repayment schedule prepared in accordance with the provisions of the loan contract. E. No terminated loan shall be reinstated. Terminated loans will be amortized and a repayment schedule prepared in accordance with the provisions of this loan contract. SECTION X. ACCESS AND INDEMNIFICATION The Borrower agrees to: A. Provide the Department,or its authorized agents,access to all files,records,accountings and books relating to the management and accountability of this loan. B. Indemnify and save harmless the Department,its agents,and its employees from any and all claims, actions, damages, liabilities and expenses directly or indirectly connected to the Borrower or its agents, employees, contractors, or assignees actions related to the location, design,construction,operation,maintenance,repair,failure or deactivation of the project or any part of the project. 9 Loan No. DW-9922 SECTION XI. OFFER The offer set forth herein must be accepted,if at all,on or before February 15,2005. An acceptance must be accompanied by a resolution of the Applicant's governing body authorizing the signator to sign on the Applicant's behalf for the purpose of this agreement. Dated: December 15, 2004. Toni Hardesty, Director Department of Environmental Quality SECTION XII.ACCEPTANCE The City of McCall,by and through its undersigned representative(s),accepts the foregoing offer and agrees to discharge all obligations and to comply with all terms and conditions contained herein. Dated: a/a !oy 4.1)/i/C., Representative k,rK - Maer Name and Title of Representative- type or print 10 PLEASE NOTE:Questions concerning completion of this form should be directed to Cecelia Contreras at(206)553-2899. United States Environmental Protection Agency FORM Approved Washington, DC 20460 OMB No.2090-0014 Preaward Compliance Review Report for Expires 4-30-99 EPA All Applicants Requesting Federal Financial Assistance Note: Read instructions on reverse side before completing form. 1. A. Applicant(Name,City,State) I B. Recipient(Name,City,State) C.EPA Project No. Cit\I 0-E�N cceall� IN\GCc.1Ij Z0LL0 C.t\ o'F rkc Co.11, ✓st( t1a) =,O II. Brief description of proposed project,program or activity. Co„g�ve�irm o� a ovs 4. k w aAc( 1l4t)to.g,_ 4c-v∎V. }o (Oi -er AevAsv ol,5y prsv,it r(StV... aftek, Q.5m.b115h 2`ttro.1 or\ 114.. ivv_lvdt, +O co,„,,eGA. cq,„05c, -F° +1u pLv? nki6 1v;Uvi i ot1 soh-,. III. Are any civil rights lawsuits or complaints pending against applicant and/or recipient? If yes,list those complaints and the disposition of each complaint. ❑Yes Ei 1Go IV. Have any civil rights compliance reviews of the applicant and/or recipient been conducted by any Federal Agency during the two years prior to this application for activities which would receive EPA assistance? ❑ Yes Cta4 o If yes,list those compliance reviews and status of each review. V. Is any other Federal financial assistance being applied for or is any other Federal financial assistance being Applied to any portion of this project,program or activity? ❑ Yes EKNo If yes,list the other Federal Agency(s)describe the associated work and the dollar amount of assistance. VI. If entire community under the applicants jurisdiction is not served under the existing facilities/services, or will not be served under the proposed plan,give reasons why. VII. Population Characteristics Number of People 1. A. Population of Entire Service Area a OS w B. Minority Population of Entire Service Area 7o 2. A. Population Currently Being Served log Li B. Minority Population Currently Being Served 70 3. A. Population to be Served by Project,Program or Activity )0$4 B.Minority Population to be Served by Project,Program or Activity 7o 4. A. Population to Remain Without Service --8- B. Minority Population to Remain Without Service - VIII. Will all new facilities or alterations to existing facilities financed by these funds be designed And constructed to be readily accessible to and usable by handicapped persons? If no,explain how a regulatory exception(40CFR 7.70)applies. LN' Yes ❑ No IX. Give the schedule for future projects,programs or activities(or for future plans),by which services will be provided to all beneficiaries within applicants jurisdiction. If there is no schedule,explain why. X. 1 certify that the statements I have made on this form and all attachments thereto are true,accurate and complete. I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. A. Signature of Authorized Official �� Title of Authorized Official I- Ni A.ya For the U.S.Environmental Protection Agency ❑ Approved ❑ Disapproved Authorized EPA Official Date EPA Form 4700-4(Rev. 1/90)Previous editions are obsolete. Page 1 of 1 Dan Irwin From: Brad Bjerke [bbjerke @pharmereng.com] Sent: Saturday, January 29, 2005 11:29 AM To: Dan Irwin Cc: mccallpw @ctcweb.net; Bill Keating Subject: Water Loan Paperwork Dan, Here's my input on the schedule. You should talk to Bill about some of the user charge and protection ordinances done in water plant project: Months Task 1 10% Design 2 50% 3 90% done? Or 4 User clog system aa�rowed dam''—'� Protection Ord Final P&S 4U Bid Summ 4,/ Award 5✓ Proj. Mgmt Conf 8✓ Plan of Op 8;f Draft O&M one ? or 8 Staffina Plan 9 V Constr. Completion done ? or 9 User charge ena .teC "i _ Protection Ord Enacted 9 \/ Final O&M 9 V Final Inspection 10V Initiate Ops 11,/ Final Payment It looks like the other EPA form only needs my input on item II II Brief description of proposed project, program or activity. Construction of a one million gallon treated water storage tank to buffer peak demands, provide fire flow reserve and establish service zone elevation. The project also includes pipelines to connection the storage tank to the water treatment plant and distribution system. Let me know if you need anything else. Brad Brad Bjerke,P.E. Pharmer Engineering, LLC 671 East River Park Lane,Suite 140 Boise,ID 83706 ph 208-433-1900 fax 208-433-1901 cell 208-841-3822 1/31/2005 II HOLLADAY ENGINEERING CO. ENGINEERS • CONSULTANTS 32 N. Main P.O. Box 235 Payette, ID 83661 (208) 642-3304 • Fax# (208) 642-2159 June 03, 2004 Mr. Charles Ariss, P.E. Idaho Department of Environmental Quality Boise Regional Office 1445 N. Orchard, Suite 100 Boise, ID 83706-2239 Re: Drinking Water Revolving Loan Fund, City of McCall Dear Mr. Ariss, Enclosed is the City of McCall's completed application for a revolving loan from the Drinking Water Loan Account. Several attachments requested in the application will be developed as part of the improvements design including an operation and maintenance manual, operating emergency plan, and safety/risk management associated with the proposed water tank improvements. Also, a customer service plan appears to be an unnecessary item regarding the proposed improvements for this application as customers are currently being served by the City's water system. Other requested attachments are included in the enclosed application. The City's Water Master Plan is currently on file with the DEQ, so the entire document is not duplicated for this application. However, the pertinent sections of the report have been included as an attachment. In addition to the requested attachments, the recently completed McCall water rates analysis report is included with the application submittals. The rates analysis included a specific budget item for Joan reimbursement based on the improvements outlined in the enclosed application. The City has adopted a rate structure reserving $154,525/year for debt service associated with the requested loan. Please see Page 12 of 17 in the attached report, City of McCall Water Rates Analysis August 2003. If you have any questions regarding the application, please call. Sincerely, Holladay E 2ineering Company B Y / Vernon E. Brewer, Project Manager and By ��_ � � g Shawn A. Ko- . :ngineer Enclosures: Application for Revolving Loan From the Drinking Water Loan Account Requested Application Attachments Cc: Bill Keating, Director of Public Works, City of McCall Robert Strops, City Manager, City of McCall I:\ENGR\ML1122303\JC\DEQ Loan Cover Letter.doc WATER • WASTEWATER • SOLID WASTE • PUBLIC UTILITIES • STRUCTURES • PLANNING • STUDIES CHAPTER 2 Attachment A APPLICATION FOR REVOLVING LOAN FROM THE DRINKING WATER LOAN ACCOUNT Pre-Application Meeting Date Loan No (LEAVE BLANK-STATE USE ONLY) PROJECT IDENTIFICATION AND DESCRIPTION A. APPLICANT PWS# 4430033 Name& Title City of McCall, Idaho Address 216 E. Park Street McCall, ID 83638 Phone (208) 634-7142 FAX No. (208) 634-3038 City McCall, Idaho ZIP Code 83638 B. PRESIDING OFFICIAL Name&Title Kirk L. Eimers, Mayor Address do City of McCall 216 E. Park Street Phone (208) 634-7142 FAX No. (208) 634-3038 City McCall, Idaho ZIP Code 83638 C. CONTACT PERSON Name& Title Bill Keating, Director of Public Work Address 216 E. Park Street Phone (208) 634-5580 FAX No. (208) 634-4170 City McCall, Idaho ZIP Code 83638 D. CLERKJTREASURER Name&Title: Robert A. Strope, City Manager/Clerk Amanda Townsend, City Treasurer Address 216 E. Park Street Phone (208) 634-5580 FAX No. (208) 634-4170 City McCall, Idaho ZIP Code 83638 E. CONSULTING ENGINEER Firm Name Holladay Engineering Company Contact Shawn Kohtz Address 32 North Main PO Box 235 Phone (208) 642-3304 FAX No. (208) 642-2159 City Payette, ID ZIP Code 83661 CHAPT2-A.599 2A-1 REVS/01 F. FINANCIAL CONSULTANT Firm Name (Auditor) Balukoff, Lindstrom & Co Contact Kevin Smith Address 1st Interstate Center 877 W. Main Street Suite 805 Phone (208) 344-7150 FAX No. (208) 344-7453 City Boise ZIP Code 83702 G. LEGAL ADVISOR Firm Name Moore Smith Buxton &Turcke, Chartered Contact Tammy A. Zokan Address 225 North 9th Street, Suite 420 Phone (208) 331-1800 FAX No. (208) 331-1202 City Boise, ID ZIP Code 83702 H. BOND ATTORNEY Firm Name Moore Smith Buxton & Turcke, Chartered Contact Mike Moore Address 225 North 9th Street, Suite 420 Phone (208) 331-1800 FAX No. (208) 331-1202 City Boise, ID ZIP Code 83702 FOR THE FOLLOWING QUESTIONS ATTACH EXPLANATIONS ON A SEPARATE SHEET IF ADEQUATE SPACE IS NOT PROVIDED ON THIS FORM. DESCRIPTION OF PROJECT SETTING 1. Location of Project McCall, ID 2. County Valley J. GENERAL PROJECT OVERVIEW 1. Project Description The proposed project includes design, funding, and construction of one water storage tank. In conjunction with the water tank, several ancillary system upgrades must be simultaneously constructed to carry water to and from the tank and maintain functional system pressures. These upgrades include tank fill and drain pipes, three pressure reducing valves, and a water booster station. a. Year construction will be initiated 2004 b. Year construction will be completed 2005 (target), 2006 (contingency) CHAPT2-A.599 2A-2 ........_.�_W_ REVR/O l 2. Construction cost estimate: (use current $) (a)Treatment Plant $ o (b)Distribution System (Drain/Fill Pipes, 3 PRV's, Booster Station) $ S97,0S0.00 (c) Storage(Water Tank and Appertenances) $1,004,900.00 (d) Land acquisition $ gifted (e) Engineering(Design,Contract Oversight,and Construction Inspection) $ 241,200.00 (f)Administration&Legal $ 40,000.00 (g)Total cost $ 1,883,150.0o 3. Financing the new facilities (a)Total cost $ 1,883,150.00 (b) Funds already available for the project $ 83,1so.00 (c) Grants (specify agency and status of funds) $ N/A (d) Other sources of funding(specify) $ N/A (e)Amount to be financed(a-b-c-d) $1,800,000.00 4. Position on the Priority List #32 5. Explain why the project is needed A lack of water storage was identified in the City of McCall's Water System Master Plan, 2001 Revision. More specifically,a need has been identified for two water storage tanks to provide 1,900,000 gallons of storage based on the estimated year-2021 water demand for the purpose of providing equalization,fire,and emergency water storage as the City's clear wells are not sufficient for this purpose. Furthermore, the City's clear wells are located at an elevation such that negative pressures would immediately occur at high elevations within the distribution system if the high service pumps were to fail. The proposed project will construct only one of the two tanks, with the second tank to be constructed at a future date as funding allows. Ancillary items including pressure reducing valves, water booster station, and tank drain and fill pipes are required to maintain adequate distribution system pressures and provide transmission of water to- and-from the storage tank. 6. Public health regulation to be addressed by the project IDAPA 28.01.08.552 Operating Criteria for Public Water Systems CHAPT2-A.599 2A-3 REVS/o1 7. What good faith efforts to secure all or part of project costs from other funding agencies? A grant and loan search was completed by the Consulting Engineer,and a revolving loan from the Drinking Water Loan Account was identified as the sole source of funding for the proposed project scope. 8. Public participation(Meetings,Fact Sheets, etc.): A public hearing was conducted on March 11, 2004 at the City of McCall-City Council Meeting. A public hearing was conducted on May 27, 2004 at the City of McCall-City Council Meeting. Notices were prepared and published prior to both public hearings. 9. Public support for project: a. Bond election date Passed Y N b. Type-Revenue General Obligation c. Local Improvement District(LID) Date Formed d. Date of decision to proceed with "Ordinary and Necessary"determination June 10, 2004. 10. Type of planning document prepared(Facility Plan,Engineering Report, etc.): City of McCall Water System Master Plan Planning Document Date October, 2002 (Enclose copy of current planning document if not already submitted to DEQ). Already submitted to DEQ. However, an additional copy of relevant sections is provided as an attachment. 11. Type of Environmental Clearance/Determination Categorical Exclusion X Finding of No Significant Impact Environmental Impact Statement Environmental Clearance/Determination will be part of the engineering work on the project Date of Determination: 12.Estimated Schedule of cash draws against the loan: Quarter Ending Cash Draw Amount Quarter Ending Cash Draw Amount a. 9/04 $ 390,300 f. b. 12/04 $ 99,050 g• c. 3/05 $ 487,750 h. CHAPT2-A.599 2A-4 REVS/01 d. 6/05 $ 553,000 i. e. 9/05 $ 269,900 j. K. PLEASE ATTACH COPIES OF THE FOLLOWING: (1) Audited Financial Statements for (7) List of Board Members (2) Operating Budget&Capital Budget (8) Board Governance Policy (3) User Rate Charges and Ordinance (9) Personnel Policy (4) Engineering Report (10) Operating Emergency Plan (5) Repayment Schedule for Any Other Loans (11) Safety and/or Risk Management (6) Operation&Maintenance Manual (12) Customer Service Plan L. APPLICATION AUTHORIZATION Signature of person responsible for completing this form: Printed Name of Person Responsible: Robert Strope Signature of Person Responsible: Date: June 7, 2004 Signature of Authorized Representative: Printed Name and Title: Robert Strope, City Manager Signature of Authorized Representative: Date: June 7, 2004 Witness to Signing of Authorized Representative: Printed Name of Witness: Tina Clark 4\i„Signature of Witness Date: June 7,2004 CHAPT2-A.599 2A-5 REVS/01 a- r' SRF LOAN NUMBER MBE/WBE UTILIZATION UNDER STATE OF IDAHO STATE REVOLVING FUND (SRF) PART 1. (Reports are required even if no procurements are made during the reporting,period.) 1A. FEDERAL FISCAL YEAR 1B. REPORTING QUARTER(Check appropriate box) 2005 013t(Oct-Dec), D2nd(Jan-Mar) ✓ 3rd (Apr-Jun) 0 4th(Jul-Sep) 1C. REVISION HIGHLIGHT ITEMS TO BE REVISED AND PROVIDE EXPLANATION IN BLOCK No.5 Year: Quarter: 2A. FINANCIAL ASSISTANCE AGENCY 3A(REPORTING RECIPIENT(Name and Address) C�� yr Mctal( Department of Environmental Quality 1410 North Hilton Street a b Parr 5i. Boise, Idaho 83706-1255 W\cCc.I 2B. AGENCY CONTACT 2C. PHONE: 3B REPORTING CONTACT(Recipient) 3C. PHONE: 208-373-0122 ( 4 y `N`c-C c ( <aoS) 614- 4S71.1 Lori Garza Oc v C i\y 4Ar Check and skip to Block 4B. TOTAL PROCUREMENT AMOUNT THIS REPORTING PERIOD No.7 if no procurements (ONLY include the amount not in any prior reporting period and procurements made by SRF Loan Recipients and Sub-recipients) And accomplishments were made this reporting Period. v 4C. ACTUAL MBE/WBE PROCUREMENT ACCOMPLISHED THIS REPORTING PERIOD BY LOAN RECIPIENTS,SUB-RECIPIENTS,AND PRIME CONTRACTORS $MBE $WBE Construction Equipment Services Supplies TOTAL 5. COMMENTS: 6. NAME OF AUTHORIZED REPRESENTATIVE TITLE kr ik. May o r • 7. SIG TURN OF AUTHORIZED REPRESENTATIVE DATE Cu; 7/i 1/0c MBE/WBE PROCUREMENTS MADE DURING REPORTING PERIOD SRF LOAN NUMBER PART II 1. Procurement Made By 2. Business Enterprise 3. $Value of 4. Date.of 5. Type of 6. Name/Address/Phone Number of MBE/WBE Procurement Award Product or Contractor or Vendor Recipient Other Minority Women MM/DD/YY ServicesA (Enter Code) • • • { AType of product or service codes: 1 =Construction 2=Supplies 3=Services 4= Equipment A=Business Services B=Professional Services C=Repair Services D=Personal Services • • • INSTRUCTIONS MBE/WBE UTILIZATION UNDER STATE OF IDAHO STATE REVOLVING FUND A. General Instructions: A woman business enterprise (WBE)is a business concern MBE/WBE utilization is based on Executive Orders that is, (1) at least 51 percent owned by one or more 11625, 12138, 12432, P.L. 102-389 and EPA women, or, in the case of a publicly owned business, at Regulations Part 30 and 31. EPA Form 5700-52A must least 51 percent of the stock is owned by one or more be completed by recipients of Federal grants, women and (2) whose daily business operations are cooperative agreements,or other Federal financial managed and directed by one or more of the women assistance which involve procurement of supplies, owners. equipment, construction or services to accomplish • Federal assistance programs. Business firms which are 51 percent owned by minorities or women,but are in fact managed and operated by non Recipients are required to report to EPA within one minority individuals do not qualify for meeting MBE/WBE month following the end of each Federal fiscal year procurement goals. quarter or annually as in the agreement. C.Instructions for Part I: B. Definitions: Procurement is the acquisition through order, la. Complete Federal fiscal year. purchase, lease or barter of supplies, equipment, construction or services needed to accomplish lb. Check applicable reporting box quarterly. Federal assistance programs. (Federal fiscal year runs from October 1 through September 30.) A contract is a written agreement between an EPA recipient and another party (other than another ic. Indicate if this is a change to previous year or public agency) and any lower tier agreement for equipment, services, supplies, or construction quarter. (Highlight items to be revised and necessary to complete the project. Includes provide explanation in Block No.5- personal and professional services,agreements with Comments.) consultants, and purchase orders. 3a-c. Identify the agency, state authority, university A minority business enterprise (MBE) is a business or other organization which is the recipient of concern that is (1) at least 51 percent owned by one or more minority individuals,or,in the case of a the Federal financial assistance and the person publicly owned business, at least 51 percent of the to contact concerning this report. stock is owned by one or more minority individuals; and (2) whose daily business operations are 4a. Self-explanatory. managed and directed by one or more of the minority owners. 4b. Total contracts/procurements awarded this U.S.citizenship is required. Recipients shall presume quarter. For example: Actual dollars for that minority individuals include Black Americans, procurement from the procuring office; actual Hispanic Americans,Native Americans,Asian Pacific contracts let from the contracts office; actual Americans, or other groups whose members are goods, services, supplies, etc., from other found to be disadvantaged by the Small Business sources including the central purchasing/ Actor by the Secretary of Commerce under section procurement centers). 5 of Executive order 11625. The reporting contact at EPA can piovide additional information. . tiT 4 0',, STATE OF IDAHO 7, ,, DEPARTMENT OF JUN 2005 ENVIRONMENTAL QUALITY A�MENTAV _. 1410 North Hilton•Boise,Idaho 83706-1255•(208)373-0502 Dirk Kempthorne,Governor Toni Hardesty,Director June 29, 2005 The Honorable Kirk Eimers, Mayor City of McCall 226 Park Street McCall, Idaho 83638 RE: Drinking Water SRF Loan #DW-9922 Dear Mayor Eimers: A State Revolving Fund loan includes reporting requirements that commence as soon as the bid to start construction has been awarded. This letter is to remind you that the new quarterly report (SF-334) for the Minority and Women Business Utilization is due on the loan referenced above. Please complete the enclosed report for the quarter ending 6/30/05 and return to me no later than July 25, 2005. If you are uncertain whether a contractor qualified as a Minority or Women Business, please refer to the Idaho Transportation Department Disadvantaged Business Enterprise (DBE) Directory. This directory is published quarterly and includes all qualifying Minority and Women Business in the state. If you would like to subscribe to this directory, please contact the Idaho Transportation Department, DBE Supportive Services at (208) 334-4442 or www2.state.id.us/itd/civil/dbedir.htm. You may fax a copy of the quarterly report to me at (208) 373-0576 if you wish. However, if you choose to fax a copy of your report, please also mail the original form so that we have the form with an original signature for our records. If you have any questions, please contact me at (208) 373-0122. Sincerely, .tgl L Cziju Lori Garza Water Quality Analyst Enclosure c: Monty Marchus, Boise Regional Office File