HomeMy WebLinkAboutState Water Resources Control Board 2017-04-12; Amendment 2 2018-08-22s
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PROP 1
Clean Water :..i
Water Boards
PROPOSITION 1 WATER RECYCLING
CITY OF UKIAH
AN D
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
INSTALLMENT SALE AGREEMENT AND GRANT
RECYCLED WATER PIPELINE PROJECT
PROJECT NO. C-06-8076-110
AGREEMENT NO. D16-01035
AMENDMENT NO. 1
AMOUNT: $32,085,000
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RECj .:7 rE(J 'S
OCT 052018
CITY MGR
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ELIGIBLE START DATE: APRIL 12, 2017
END DATE: OCTOBER 19, 20/&JULY 30, 2050
COMPLETION OF CONSTRUCTION DATE: OCTOBER 19, 20-1-8JULY 30, 2020
FINAL DISBURSEMENT REQUEST DATE: APRIL 19, 2019JANUARY 30, 2021
DATED AS OF APRIL 12, 2017
The parties mutually agree to this amendment as follows. All actions noted below are by this reference
made a part of the Agreement, originally executed on July 17, 2017, and incorporated herein:
Changes made in this amendment are shown as follows in the attached Exhibits:
Exhibit A — Scope of Work & Incorporated Documents (2 pages attached)*
Exhibit A -FBA — Final Budget Approval (4 pages attached)**
Exhibit B — Funding Amount (1 page attached) *
Exhibit C — Payment Schedule (2 pages attached) "'
Except as otherwise noted, text deletions are displayed as strike through text (i.e., strike out) and text
additions are displayed in bold and underline.
** Entire Exhibit added.
' Updated Pages.
All other terms and conditions shall remain the same.
CITY OF UKIAH:
By:
Name
Title:
Date:
giacomo
City M. ager
STATE WATER RESOURCES CONTROL BOARD:
By:
Na
T
Date:
esli
Deput
Divisio
audon
Director
of Financial As
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City of Ukiah
Agreement No.: D16-01035
Project No.: C-06-8076-110
Amendment No. 1
EXHIBIT A — SCOPE OF WORK
1. The Recipient agrees to start construction no later than the estimated date of August 1, 2017
January 3, 2018.
2. The Completion of Construction date is hereby established as October 19, 2018July 30, 2020.
3. The Recipient agrees to ensure that its final Request for Disbursement is received by the Division no
later than six months after Completion of Construction, unless prior approval has been granted by the
Division. Otherwise, the undisbursed balance of this Agreement will be deobligated.
4. Incorporated by reference into this Agreement are the following documents:
(a) the Final Plans & Specifications, dated August 22, 2017 and August 2017, respectively, and
Addenda Nos. 1, 2, 3, 4, 5 & 6 issued September 5, 2017, September 15, 2017, September
26, 2017, October 3, 2017, October 4, 2017 and October 9, 2017, respectively, which are the
basis for the construction contract to be awarded by the Recipient (Agreement will be amended to
to Ghilotti Construction Company;
(b) the Waste Discharge Requirement Order No. R1-2012-0068 and National Pollutant Discharge
Elimination System Permit No.CA0022888; and
(c) the Recipient's Reimbursement Resolution No. 2015-45 dated November 4, 2015.
5. Reporting. Status Reports due at least quarterly.
6. Project Description:
The objective of the Project is to offset 1,294 Acre -Feet -per Year (AFY) of potable water for
irrigation, agricultural and industrial uses. The Project will construct a recycled water pipeline to
serve agricultural, urban irrigation and frost protection demands with an estimated 1,294 AFY of
recycled water. The Project also includes construction of associated storage and pump stations.
7. Signage.
The Recipient shall place a sign at least four feet tall by eight feet wide made of 3/4 inch thick
exterior grade plywood or other approved material in a prominent location on the Project site and
shall maintain the sign in good condition for the duration of the construction period. The sign
must include the following disclosure statement and color logos (available from the Division):
PROP 1
N.../'•••••••
w. 1..0,.0 2014
Clean 'Vater
Water Boards
EPA
"Funding for this $3279457000 Recycled Water Pipeline Project has been provided in full
or in part by the Proposition 1 — the Water Quality, Supply, and Infrastructure
Improvement Act of 2014 and the Clean Water State Revolving Fund through an
agreement with the State Water Resources Control Board. California's Clean Water
State Revolving Fund is capitalized through a variety of funding sources, including grants
from the United States Environmental Protection Agency and state bond proceeds."
A-1
City of Ukiah
Agreement No.: D16-01035
Project No.: C-06-8076-110
Amendment No. 1
EXHIBIT A — SCOPE OF WORK
The Project sign may include another agency's required promotional information so long as the
above logos and disclosure statement are equally prominent on the sign. The sign shall be
prepared in a professional manner.
The Recipient shall include the following disclosure statement in any document, written report, or
brochure prepared in whole or in part pursuant to this Agreement:
"Funding for this project has been provided in full or in part through an agreement with
the State Water Resources Control Board. California's Clean Water State Revolving
Fund is capitalized through a variety of funding sources, including grants from the United
States Environmental Protection Agency and state bond proceeds. The contents of this
document do not necessarily reflect the views and policies of the foregoing, nor does
mention of trade names or commercial products constitute endorsement or
recommendation for use."
A-2
City of Ukiah
Agreement No.: D16-01035
Project No.: C-06-8076-110
Amendment No. 1
EXHIBIT A -FBA — FINAL BUDGET APPROVAL
Table 1: Approved Construction Bid Amount
CONTRACTOR
AMOUNT BID
APPROVED
COSTS
Ghilotti Construction Company
$22,357,358
$22,357,358
1 - BUDGET
Table 2: Approved Final Project Budget
PROJECT COST TABLE
TYPE OF WORK
APPROVED BUDGET
A. Construction
Ghilotti Construction Company
$22,357,358
B. Pre -Purchased Material/Equipment
$0
C. Land Purchase
$0
D. Change Order Contingency
$4,740,369
E. Allowances
Planning
$205,973
Design
$1,866,906
Construction Management
$2,914,394
Administration
$0
Value Engineering
$0
Subtotal - E
$4,987,273
TOTAL (Subtotal A+B+C+D+E)
$32,085,000
Note: Adjustments may be made between line items on the final request for disbursement.
CWSRF - $21,809,000 Prop 1 WRFP Construction Grant - $10,276,000 Grant eligible categories include:
Construction, Change Orders Contingency, and Construction Management.
A -FBA -1
City of Ukiah
Agreement No.: D16-01035
Project No.: C-06-8076-110
Amendment No. 1
EXHIBIT A -FBA — FINAL BUDGET APPROVAL
2 - PROJECT ELIGIBILITY DETERMINATION
The eligibility determinations and conditions of approval identified below are based on the review of:
• Stamped and Signed Final Plan and Specifications (P&S) for the Project received May 24, 2018,
dated August 22, 2017 and August 2017, respectively;
• Addenda Nos. 1, 2, 3, 4, 5 and 6, issued September 5, 2017, September 15, 2017, September 26,
2017, October 3, 2017, October 4, 2017 and October 9, 2017, respectively.
The eligibility determination for the bid items shown in the schedule of values provided by the Recipient are as
follows:
Table 3: Eligibility Determination Agreement:
Bid Item Description Percent Eligibility
1 Mobilization and Demobilization 100%
2 Shoring and Bracing 1 100%
3 Dewatering 100%
4 Traffic Control 100%
5 16" Diameter PVC Pipeline (Open Cut) 100%
6 Jack and Bore 24" Steel Casing for 16" Fusible PVC 100%
7 12" Diameter PVC Pipeline (Open Cut) 100%
8 Truck Fill Hydrant 100%
9 4" Blow Off Assembly 100%
10 2" Combination Air Valve 100%
11 16" Butterfly Valve 100%
12 1-1/2" Meter, 2" Service Line w/ Steel Casing and Check Valve 100%
Assembly (Jack and Bore)
13 4" Meter, 8" Service Line w/ Steeel Casing Check Valve Assembly 100%
(Jack and Bore)
14 : 1 —'/2 " Meter, 4" Service Line and Check Valve Assembly (Open 100%
Cut)
15 1 —'/2" Meter, 6" Service Line and Check Valve Assembly (Open 100%
Cut)
16 1 —'/2" Meter, 8" Service Line and Check Valve Assembly (Open 100%
Cut)
17 1 —'/z"Meter, 10" Service Line and Check Valve Assembly (Open 100%
Cut)
18 2" Meter, 6" Service Line and Check Valve Assembly (Open Cut) 100%
19 2" Meter, 8" Service Line and Check Valve Assembly (Open Cut) 100%
20 3" Meter, 6" Service Line and Check Valve Assembly (Open Cut) 100%
21 3" Meter, 10" Service Line and Check Valve Assembly (Open Cut) 100%
22 4" Meter, 6" Service Line and Check Valve Assembly (Open Cut) 100%
23 4" Meter, 10" Service Line and Check Valve Assembly (Open Cut) 100%
24 6" Meter, 8" Service Line and Check Valve Assembly (Open Cut) 100%
25 Recycled Water Pump Station 100%
26 Recycled Water Pump Storage Pond 100%
27 Electrical/ Instrumentation 100%
28 Repair of Agricultural Irrigation Systems 100%
Bid items as shown in the schedule of values provided by the Recipient
A -FBA -2
City of Ukiah
Agreement No.: D16-01035
Project No.: C-06-8076-110
Amendment No. 1
EXHIBIT A -FBA — FINAL BUDGET APPROVAL
Eligibility Determination Conditions of Approval
1. Necessary insurance directly related to the construction contract and extending throughout the period of
the construction contract will be eligible for CWSRF financing. This includes builder risk insurance, public
liability insurance, fire, and Project specific insurance.
2. Earthquake insurance and "Act of God" insurance are ineligible for funding.
3. Asphalt pavement, corresponding improvements, and excavation and refill materials due to trenching are
limited to replacement of the trench width plus one foot on each side of the trench disturbed due to the
construction work of the subject contract only. Full lane width paving or slurry seal is eligible only if
required by ordinance or code.
4. The cost of local permits and licenses other than those issued by the Recipient are eligible for
CWSRF financing.
5. The approved change order contingency may not be increased above the approved contingency shown in
Table 2. Any unclaimed construction or allowance costs may also be used towards construction change
orders. The change order approval may not: (1) increase the maximum amount of the financing
agreement based on Table 2: Approved Construction Budget, (2) increase the term of the financing
agreement, or (3) result in a substantial change in the Project scope.
6. Review of the P&S by the Division is conducted to determine eligibility and administrative compliance with
the Policy. Issuance of the FBA does not relieve the Recipient and the design engineer of their legal
liability for the adequacy of the design.
3 — PROJECT COMPLETION
Project Completion Report:
The Project completion report shall contain the following:
1. A description of the final constructed Project.
2. A description of the water quality problem the Project sought to address.
3. A discussion of the Project's likelihood of successfully addressing that water quality problem in the
future, and
4. Summarize compliance with environmental conditions, if applicable.
A -FBA -3
City of Ukiah
Agreement No.: D16-01035
Project No.: C-06-8076-110
Amendment No. 1
EXHIBIT A -FBA — FINAL BUDGET APPROVAL
Project Completion Reporting:
1. The Recipient must notify the appropriate Regional Water Board and the Division that its Project was
completed by submitting a Project Completion Report to the Division with a copy to the Regional
Water Board. The Project Completion Report must be submitted on or before the due date
established per section XIII(B)(2) of the CWSRF Policy.
2. The State Water Board expects the Recipient to prepare and send a timely and complete report. The
State Water Board may avail itself of any legal means to obtain this report. (See Water Code
§13267.)
Annual Reporting for Water Recycling Projects
The Water Recycling Funding Program requires submittal of an Annual Progress Report for a period of
five years following completion of construction. The due date of the report is the 28th day of February
following the end of each calendar year after completion of construction. At minimum, the reports should
cover the following topics:
1. Restate the original objective/goal of the Project.
2. Provide the total monthly and annual recycled water deliveries, and a list of recycled water users and
their type of use for the approved Project by calendar year. Please present data in a table showing
users vs. month. If the recycled water deliveries are supplemented with potable or fresh water by the
Recipient (as opposed to the user), provide the monthly and total amounts.
3. Describe Project operation including problems encountered and any physical or operational
modifications made to the Project during the year or proposed for the coming year. Describe any
particular successes or problems experienced by the users.
4. Provide operation and maintenance costs of the Project for the past year. Any other cost allocated to
the recycled water system should also be reported.
5. Provide the water rate structure and total revenue received during the year. For comparison
purposes, include the price the users would have paid for potable or fresh water.
6. Review the progress of any activities required in the special conditions set forth in Exhibit D of the
financing agreement and, if appropriate, the progress toward adding users to the recycled water
system to use the remaining system capacity.
A -FBA -4
City of Ukiah
Agreement No.: D16-01035
Project No.: C-06-8076-110
Amendment No. 1
EXHIBIT B- FUNDING AMOUNT
1. Estimated Reasonable Cost. The estimated reasonable cost of the total Project, including associated
planning and design costs is thirty two million eighty-five thousand dollars and no cents
($32,085,000.00).
2. Project Financing. Subject to the terms of this Agreement, the State Water Board agrees to provide
Project Funds in the amount of up to thirty two million eighty-five thousand dollars and no cents
($32,085,000.00). A portion of this amount, ten million two hundred seventy-six thousand dollars and
no cents ($10,276,000.00), is anticipated to be a grant. The estimated amount of principal that will be
due to the State Water Board under this Agreement is twenty one million eight hundred nine thousand
dollars and no cents ($21,809,000.00).
3. Payment, Interest Rate, and Charges. The Recipient agrees to make all Installment Payments
according to the schedule in Exhibit C at an interest rate of one percent (1 %) per annum. The
Recipient agrees to pay an Administrative Service Charge in lieu of interest as reflected in Exhibit C.
The Recipient agrees to pay a Small Community Grant Fund Charge in lieu of interest as reflected in
Exhibit C.
4. Proposition 1 Grant. Contingent on the Recipient's performance of its obligations under this
Agreement, of the Project Funding the State Water Board agrees to make a grant of up to ten million
two hundred seventy-six thousand dollars and no cents ($10,276,000.00). Upon Completion of
Construction, the State Water Board will prepare an alternate payment schedule reflecting this grant.
5. Useful Life. The useful life of this Project is at least fifty (50) years.
6. [Reserved].
7. The term of this agreement is from the Eligible Start Date of April 12, 2017 to October 19, 2018
July 30, 2050.
8. Budget costs are contained in the Project Cost Table, which is part of Exhibit A -FBA. (This Agreement
will be amended to incorporate Exhibit A FBA.)
9. Preliminary budget costs are as follows:
Construction costs and disbursements are not available until after this Agreement has been amended
page of this Agreement are not eligible for reimbursement. Failure to begin construction according to
B-1
City of Ukiah
Agreement No.: D16-01035
Project No.: C-06-8076-110
Amendment No. 1
EXHIBIT C — PAYMENT SCHEDULE
See the attached preliminary Payment Schedule dated April 26, 2017. The final Payment Schedule will
be forwarded to the Recipient after all disbursements have been paid and construction of the Project has
been completed.
C-1
California CWSRF Payment Schedule Principal is paid over: 30 Years
Project No. 8076-110 - Ukiah, City of
Agreement: DI601035 - based on Actual + Projected Disbursements
Recycled Water Pipeline Project
Ref I)ue Date Interest Interest Total 1' and 1 Total Ending ('PI
Num Date Received Principal Payment Rate",/. Payment Payment Payment Balance Interest
1 7/30/2021 641,343.51 1.000 203,140.56 844,484.07 844,484.07 21,167,656.49 0.00
2 7/30/2022 632,807.51 1.000 211,676.56 844,484.07 844,484.07 20,534,848.98 0.00
3 7/30/2023 639,135.58 1.000 205,348.49 844,484.07 844,484.07 19,895,713.40 0.00
4 7/30/2024 645,526.94 1.000 198,957.13 844,484.07 844,484.07 19,250,186.46 0.00
5 7/30/2025 651,982.21 1.000 192,501.86 844,484.07 844,484.07 18,598,204.25 0.00
6 7/30/2026 658,502.03 1.000 185,982.04 844,484.07 844,484.07 17,939,702.22 0.00
7 7/30/2027 665,087.05 1.000 179,397.02 844,484.07 844,484.07 17,274,615.17 0.00
8 7/30/2028 671,737.92 1.000 172,746.15 844,484.07 844,484.07 16,602,877.25 0.00
9 7/30/2029 678,455.30 1.000 166,028.77 844,484.07 844,484.07 15,924,421.95 0.00
10 7/30/2030 685,239.85 1.000 159,244.22 844,484.07 844,484.07 15,239,182.10 0.00
11 7/30/2031 692,092.25 1.000 152,391.82 844,484.07 844,484.07 14,547,089.85 0.00
12 7/30/2032 699,013.17 1.000 145,470.90 844,484.07 844,484.07 13,848,076.68 0.00
13 7/30/2033 706,003.30 1.000 138,480.77 844,484.07 844,484.07 13,142,073.38 0.00
14 7/30/2034 713,063.34 1.000 131,420.73 844,484.07 844,484.07 12,429,010.04 0.00
15 7/30/2035 720,193.97 1.000 124,290.10 844,484.07 844,484.07 11,708,816.07 0.00
16 7/30/2036 727,395.91 1.000 117,088.16 844,484.07 844,484.07 10,981,420.16 0.00
17 7/30/2037 734,669.87 1.000 109,814.20 844,484.07 844,484.07 10,246,750.29 0.00
18 7/30/2038 742,016.57 1.000 102,467.50 844,484.07 844,484.07 9,504,733.72 0.00
19 7/30/2039 749,436.73 1.000 95,047.34 844,484.07 844,484.07 8,755,296.99 0.00
20 7/30/2040 756,931.10 1.000 87,552.97 844,484.07 844,484.07 7,998,365.89 0.00
21 7/30/2041 764,500.41 1.000 79,983.66 844,484.07 844,484.07 7,233,865.48 0.00
22 7/30/2042 772,145.42 1.000 72,338.65 844,484.07 844,484.07 6,461,720.06 0.09
23 7/30/2043 779,866.87 1.000 64,617.20 844,484.07 844,484.07 5,681,853.19 0.00
24 7/30/2044 787,665.54 1.000 56,818.53 844,484.07 844,484.07 4,894,187.65 0.00
25 7/30/2045 795,542.19 1.000 48,941.88 844,484.07 844,484.07 4,098,645.46 0.00
26 7/30/2046 803,497.62 1.000 40,986.45 844,484.07 844,484.07 3,295,147.84 0.00
27 7/30/2047 811,532.59 1.000 32,951.48 844,484.07 844,484.07 2,483,615.25 0.00
28 7/30/2048 819,647.92 1.000 24,836.15 844,484.07 844,484.07 1,663,967.33 0.00
29 7/30/2049 827,844.40 1.000 16,639.67 844,484.07 844,484.07 836,122.93 0.00
30 7/30/2050 836,122.93 1.000 8,361.23 844,484.16 844,484.16 0.00 0.00
21,809,000.00 3,525,522.19
25,334,522.19 25,334,522.19 0.00
Interest rate: 1.00000%
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8/3/2018