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Public Works Board Loan Contract Number PC23-96103-132
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2023-04-04 10:00 AM - Commissioners' Agenda
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Public Works Board Loan Contract Number PC23-96103-132
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Last modified
4/17/2023 12:14:52 PM
Creation date
4/17/2023 12:14:32 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
Fully Executed Version
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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DocuSign Envelope lD 221 BB7 AE-8D32-45F2-81 AB -F A7F96A7 17 10 <br />1.15 Rate Loan Forqiveness and Term of Loan <br />The BOARD shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the Contract <br />Face Sheet and declared on the Contract Declarations Page. The interest rate shall be the declared <br />INTEREST RATE per annum on the outstanding principal balance. The amount of loan forgiveness (if <br />applicable) shall be as stated on the aftached Declarations Page, and identified therein as LOAN <br />FORGIVENESS %. The length of the loan shall not exceed the declared LOAN TERM in years, with the <br />final payment due by the coNTRAcr END DATE as shown on the contract Face sheet. <br />The loan forgiveness shall be applied at project completion and shall apply to the lesser of the loan amount <br />or the actual eligible costs and that declared percent on any accrued interest. The percent of loan <br />forgiveness and interest rate shall not be changed, regardless ofthe actual cost ofthe project and the <br />Affordability lndex at project completion. <br />1.16 Recapture <br />The right of recapture under Section 2.31 . Recapture shall exist for a period not to exceed six (6) years <br />following Contract termination. ln the event that the Board is required to institute legal proceedings to <br />enforce the recapture provision, the BOARD shall be entitled to its costs, including attorney's fees. <br />1.17 Reimbursement Procedures and Pavment <br />lf funding or appropriation is not available at the time the invoice is submitted, or when this Contract is <br />executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation <br />become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor <br />for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering <br />approved project activities in accordance with the declared SCOPE OF \VORK. <br />The BOARD shall reimburse the Contractor for eligible project expenditures up to the maximum loan <br />amount under this Contract, as identified in Section 1 .10. When requesting reimbursement for costs <br />incurred, the Contractor shall submit all lnvoice Vouchers and any required documentation electronically <br />through the Department of Commerce's (COMMERCE) Contracts Management System (CMS), which is <br />available through the Secure Access Washington (SAW portal; referencing the SCOPE OF WORK project <br />activity performed, and any appropriate documentation such as bills, invoices, and receipts. lf the <br />Contractor has constraints preventing access to COMMERCE's online A-19 portal, a hard copy A-19 form <br />may be provided by the BOARD Project Manager upon request. <br />Requests for reimbursements for costs related to construction activities will not be accepted until the <br />Contractor provides: <br />o Proof of compliance with Governo/s Executive Order 21-02 or Section 106 of the National Historic <br />Preservation Act, as described in Section 1.11, and. Signed Public Works Board Notice of Contract Award and Notice to Proceed, which follows the <br />formal award of a construction contract. <br />The BOARD will pay the Contractor upon acceptance of the work performed and receipt of properly <br />completed invoices. lnvoices shall be submitted to the BOARD not more often than monthly. <br />Payment shall be considered timely if made by the BOARD within thirty (30) calendar days after receipt of <br />properly completed invoices. Payment shall be sent to the address designated by the Contractor. <br />5
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