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Complete_with_DocuSign_2023_Kittitas_PWB_Con
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04. April
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2023-04-04 10:00 AM - Commissioners' Agenda
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Complete_with_DocuSign_2023_Kittitas_PWB_Con
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Last modified
3/30/2023 12:11:25 PM
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3/30/2023 12:10:37 PM
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Meeting
Date
4/4/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve Public Works Board Construction Loan Contract.Number PC23-96103-1323
Order
8
Placement
Consent Agenda
Row ID
101486
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<br />6 <br /> <br />The BOARD may, at its sole discretion, terminate the Contract or withhold payments claimed by the <br />Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of <br />this Contract. <br />No payments in advance or in anticipation of services or supplies to be provided under this Contract shall <br />be made by the BOARD. <br />BOARD shall not release the final five (5) percent of the total loan amount until acceptance by BOARD of <br />project completion report. <br />Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another <br />source for an eligible project cost, then the Contractor shall not be reimbursed by the BOARD for that cost. <br />Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its <br />own organization or that of its subcontractors. <br />In no event shall the total Public Works loan exceed 100% of the eligible actual project costs. At the time of <br />project completion, the Contractor shall submit to the BOARD a Project Completion Amendment certifying <br />the total actual project costs and local share. The final Public Works loan disbursement shall bring the total <br />loan to the lesser of 100% of the eligible project costs or the total declared LOAN AMOUNT. The Project <br />Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, <br />local share, and interest rate. <br />In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor <br />has received Public Works Board monies in excess of 100.00% of eligible costs, all funds in excess of <br />100.00% shall be repaid to the Board by payment to the Department of Commerce, or its successor, <br />together with the submission of the Project Completion Amendm ent. <br />1.18 Repayment <br />Loan repayment installments are due on the day and month identified under the term: PAYMENT MONTH <br />on the Declarations Page. Payments are due each year during the term of the loan beginning one year <br />from the date of Contract execution. Interest only will be charged for this payment if a warrant is issued <br />prior to this date. All subsequent payments shall consist of principal and accrued interest due on the <br />specified PAYMENT MONTH date of each year during the remaining term of the loan. <br />Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum based on <br />a three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will begin to accrue <br />from the date each warrant is issued to the Contractor. The final payment shall be on or before the <br />CONTRACT END DATE shown on the Declarations page, of an amount sufficient to bring the loan balance <br />to zero. <br />In the event that the BOARD approves the Contractor's request for a deferral as outlined in Section 1.5, <br />then the first loan repayment is due sixty (60) months after Contract execution. Interest accrues for the <br />sixty (60) months after Contract execution. The accrued interest only will be charged for this payment if a <br />warrant is issued prior to this date. Interest and principal payments are due on the declared PAYMENT <br />MONTH date of each year during the remaining term of the loan. The Contractor has the right to repay the <br />unpaid balance of the loan in full at any time or make accelerated payments without penalty. <br />The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, <br />money order, or equivalent means made payable to the Washington State Department of Commerce, or its <br />successor. <br />DocuSign Envelope ID: 221BB7AE-8D32-45F2-81A8-FA7F96A71710
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