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HomeMy WebLinkAboutStaff Report 3.H 09/14/2015DATE: September 14, 2015 Agenda Item #3.H TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan St. John, F.ASCE — Director, Public Works & Utilities Leah G. Walker, P.E. — Environmental Services Manager SUBJECT: Resolution Authorizing the Submittal of a Financial Assistance Application to the State Water Resources Control Board for the Design and Construction of the Expansion of the Recycled Water Treatment and Distribution System; Authorizing the City Manager to Execute All Necessary Application Documents and to Negotiate and Execute a Financial Assistance Agreement with the State Water Resources Control Board and Any Amendments or Change Orders Thereto; and Authorizing the Director Of Public Works and Utilities Department, or His Assigned Representative, to Administer the Financial Assistance Agreement, to Submit Invoices For Reimbursement, to Certify Financing Agreement Disbursements on Behalf of the City of Petaluma, to Certify that the City of Petaluma Has and Will Comply With All Applicable State and Federal Statutory and Regulatory Requirements Related to Any Financing or Financial Assistance Received from the State Water Resources Control Board RECOMMENDATION It. is recommended that the City Council adopt the attached Resolution Authorizing the Submittal of a Financial Assistance Application to the State Water Resources Control Board for the Design and Construction of the Expansion of the Recycled Water Treatment and Distribution System; Authorizing the City Manager to Execute All Necessary Application Documents and to Negotiate and Execute a Financial Assistance Agreement with the State Water Resources Control Board and Any Amendments or Change Orders Thereto; and Authorizing the Director Of Public Works and Utilities Department, or His Assigned Representative, to Administer the Financial Assistance Agreement, to Submit Invoices For Reimbursement, to Certify Financing Agreement Disbursements on Behalf of the City of Petaluma, to Certify that the City of Petaluma Has and Will Comply With All Applicable State and Federal Statutory and Regulatory Requirements Related to Any Financing or Financial Assistance Received from the State Water Resources Control Board. BACKGROUND Following the adoption by the City of Petaluma of the Recycled Water Master Plan in 2004, the General Plan in 2008, and the certification of the Recycled Water Environmental Impact Report in 2008, the Public Works and Utilities Department staff and consultants have pursued studies, engineering, and funding for the next phases of the recycled water expansion program. The Recycled Water Master Plan and subsequent studies have projected recycled water demands for urban and agriculture uses that exceed the production capacity of the Ellis Creek Water Recycling Facility and the existing "purple pipe" distribution system. In order to take advantage of reuse opportunities, reduce potable water demands, and expand the City's wastewater disposal options, the recycled water expansion program includes increasing tertiary treatment capacity and expanding the urban and agricultural "purple pipe" distribution system. The tertiary filtration and ultraviolet (UV) disinfection system would increase from 4.8 to 7.8 million gallons per day (mgd); the urban distribution system would extend along the City's eastern boundary and within the business park adjoining the treatment facility including the Kaiser campus, and expansion of the agricultural distribution system along Lakeville Highway southeast of the treatment facility. Refer to Attachment 2 for a diagram of the proposed expansion program. To assist in funding this expansion,.the City is a member of the North Bay Water Reuse Authority (NBWRA) to pursue federal funding from the U.S. Bureau of Reclamation (USBR) Title XVI program along with other regional funding opportunities. The Title XVI program could provide up to 25% grant funding for construction and related costs. In addition, there are state funding opportunities. Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, is intended to provide a more resilient and sustainably managed water infrastructure. Proposition 1 provides $625 million for grants and low interest loans for water recycling projects, including, but not limited to, treatment, storage, conveyance, and distribution facilities. The State Water Resources Control Board (State Water Board) is responsible for implementing the water recycling funding through its existing Water Recycling Funding Program (WRFP). Through the WRFP, the State Water Board offers loans and grants from Proposition 1, as well as loans through the Clean Water State Revolving Fund ( CWSRF), which is a federal funding program. Eligible projects may receive a Proposition 1 grant, a Proposition 1 or CWSRF loan, or a combination of grant and loan. The loan terms include a subsidized rate that is generally one- half the State of California's most recent general obligation bond rate, currently set at 1.6 %, and a repayment term up to 30 years. DISCUSSION The Proposition 1 funding provides an ideal opportunity for the City to finance part of the expansion of the recycled water facilities by leveraging local and federal funds. Proposition 1 grants can be used to fund up to 35% of eligible construction costs up to a maximum of $15 million, including construction allowances. At least 50% local cost share match must be provided. Local cost share may be provided by CWSRF financing or other sources, including the applicant's own cash reserves or federal programs. Thus, there is the opportunity to receive 25% grant from federal funds, and 35% grant from state funds, with the remainder provided by a combination of low interest loans and the City's Wastewater Enterprise fiends. 2 Funding limitations and program requirements could affect the financing and phasing of the recycled water expansion program. Proposition 1 grant funds may be limited due to high demand. Half the available funds have been budgeted for grants and the remainder will be distributed as loans. Proposition 1 funding priority is based on the applicant's "readiness to proceed ". This includes completed design and environmental clearances, and the ability to start construction quickly with an existing local match in hand. To balance the "readiness to proceed" criteria for Proposition 1 and the limitation on starting construction for Title XVI projects not expected to be approved before mid -2016, the Proposition 1 project includes the next phase of the urban distribution system expansion and the tertiary treatment expansion. This portion of the urban distribution system is currently in design and is expected to go to bid in spring 2016. The design of the tertiary treatment expansion is underway and is expected to be ready to bid in fall 2016. Both of these projects are included within the existing Water Recycling Expansion Program Environmental Impact Report (EIR). The Title XVI project would include any remaining unfinished elements of the tertiary expansion project, the urban distribution system, and the agricultural distribution system. All of these projects have a construction start date after the expected award of federal funds. Proposition 1 funding applications will be evaluated for cost effectiveness, taking into consideration energy efficiency, and reduction of greenhouse gas emissions. Projects will be prioritized as follows: projects that benefit a severely disadvantaged community, Direct Potable Reuse projects, Indirect Potable Reuse (IPR) projects, Recycled Water Distribution Systems, Groundwater Recharge (GWR) Facilities, and Recycled Water Treatment Facilities. Because large funding requests are expected for IPR and GWR projects, it is to the City's advantage to submit an application for a "ready to proceed" project as soon as possible. The total funding request from Proposition 1 is $4,305,995. Of this, $3,175,946 is requested as a grant and $1,130,049 as a loan. The total project cost, including the later elements that are expected to be funded partially by USBR Title XVI grant, is $9,746,274, which includes a Title XVI grant of $1,586,567 and City funding from resources or other sources of $3,853,713. In order to expedite the Proposition 1 funding process, Council is asked to authorize the City Manager to sign all required application materials. Such application materials include: • General Information Package (Attachment 3) • Technical Application Package • Financial Application Package (Note: further Council action may be required to fulfill all financial application requirements.) • Environmental Application Package Council is also asked to authorize the City Manager to execute a financial assistance agreement from the State Water Resources Control Board and any amendments or change orders thereto. The City may choose to accept a low loan amount, or no loan at all, and to use Wastewater Enterprise funds as the local match. This authorization provides the City Manager flexibility to negotiate the terms that best match the City's needs, while allowing the funding process to be expedited. As required by the State Water Board for the financing agreement, Council is asked to authorize the Director of Public Works and Utilities, or his assigned appointee, to administer the financial assistance agreement, to submit invoices for reimbursement, to certify financing agreement disbursements on behalf of the City of Petaluma, and to certify that the City of Petaluma has or will comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received from the State Water Resources Control Board, including: • California Environmental Quality Act compliance • Minimum Use Requirements (at least 25% of the eligible project capacity must be delivered within first year of operation; total eligible project capacity must be delivered within 5 years of operation) • Recycled Water Market Assurances User Connection Schedule (no more than 50% of the volume of recycled water can be allocated to future users) • Annual report for up to five years on recycled water use data It should be noted that by requesting a CWSRF loan in addition to Proposition 1 funding, the City would have to demonstrate compliance with the numerous federal requirements including Davis -Bacon federal wage and Buy American purchasing requirements. To expedite the funding request and avoid these substantial federal requirements, it is recommended that only the State Proposition 1 funds be pursued at this time. The federal requirements will necessarily be addressed when Title XVI funding is awarded. FINANCIAL IMPACTS The current action authorizes submittal of the application and support documents. If successful, the grant and loan will be up to $4,305,995 in support to the current CIP projects, C66401415 and C66401416. The current CIP anticipated total Proposition 1 or some similar grants of $4,851,000 through FY 18/19. It is anticipated that the future USBR Title XVI grant funds will make up the difference. ATTACHMENTS 1. Resolution 2. Project Map 3. General Information Package 4 Attachment 1 RESOLUTION AUTHORIZING THE SUBMITTAL OF A FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD FOR THE DESIGN AND CONSTRUCTION OF THE EXPANSION OF THE RECYCLED WATER TREATMENT AND DISTRIBUTION SYSTEM; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY APPLICATION DOCUMENTS AND TO NEGOTIATE AND EXECUTE A FINANCIAL ASSISTANCE AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD AND ANY AMENDMENTS OR CHANGE ORDERS THERETO; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS AND UTILITIES DEPARTMENT, OR HIS ASSIGNED REPRESENTATIVE, TO ADMINISTER THE FINANCIAL ASSISTANCE AGREEMENT, TO SUBMIT INVOICES FOR REIMBURSEMENT, TO CERTIFY FINANCING AGREEMENT DISBURSEMENTS ON BEHALF OF THE CITY OF PETALUMA, TO CERTIFY THAT THE CITY OF PETALUMA HAS AND WILL COMPLY WITH ALL APPLICABLE STATE AND FEDERAL STATUTORY AND REGULATORY REQUIREMENTS RELATED TO ANY FINANCING OR FINANCIAL ASSISTANCE RECEIVED FROM THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, the City of Petaluma desires to expand its recycled water system to serve additional urban properties to offset potable water use; and WHEREAS, the City of Petaluma desires to expand tertiary treatment capacity to reduce wastewater discharges and provide additional recycled water for urban and agricultural uses; and WHEREAS, the expansion of the recycled water treatment and distribution system project (the Project) includes the expansion of the tertiary treatment facilities at the Ellis Creek Water Recycling Facility and the extension of the urban distribution system for delivery of recycled water; and WHEREAS, the City of Petaluma General Plan 2025 recognizes the use of recycled water as a potable water offset and to meet regulatory requirements for wastewater discharge; and WHEREAS, the State Water Resources Control Board (SWRCB) has announced the availability of funds for water recycling projects from Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014; and WHEREAS, said funding is intended to provide a more resilient and sustainably managed water infrastructure; and WHEREAS, said funding is available for water recycling projects, including, but not limited to, treatment, storage, conveyance, and distribution facilities for potable and non - potable recycling projects; and WHEREAS, said funding includes grants and loans at reasonable rates and terms; and WHEREAS, the City of Petaluma will comply with all applicable laws and regulations relating to the project, including the California Environmental Quality Act (CEQA) prior to implementation of the Project; and WHEREAS, various documents are required to be filed with the State Water Resources Control Board related to the Proposition 1 funding associated with the Project. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council authorizes the submittal of a financial assistance application for a financial assistance agreement with the State Water Resources Control Board for the design and construction of the expansion of the expansion of the recycled water treatment and distribution system project (the Project). 2. That the City Manager is authorized to sign all necessary Project application documents and to negotiate and execute a financial assistance agreement from the State Water Resources Control Board and any amendments or change orders thereto. 3. That the Director of Public Works and Utilities Department, or his assigned representative, is authorized to administer the financial assistance agreement, to submit invoices for reimbursement, and to certify financing agreement disbursements on behalf of the City of Petaluma. 4. That the Director of Public Works and Utilities Department, or his assigned representative, is authorized to certify that the City of Petaluma has and will comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received from the State Water Resources Control Board. 6 Attachment 2 PROPOSITION 1 'PRO JEST r \ r Urban Recycled Water Expansion .' re A g w • Pe alu Ellis Creek WRF Capacity vYW • Expand Tertiary Filters • UV Disinfection ii Petaluma Seasonal Storage Option 1 - New Ponds Southeast of ECWRF { l Waric ural Reocn cled ult ter Expansi • Coastal Conservancy support for ` Legend .... Kaiser Pipeline habitat OWater Recycling Plant _ ® Existing Pipeline Phase 1 Pipeline 1 � l \_i I I I Potentially in Phase 1 Funding ;,•��,�• _ .i� \�� ✓� ! o Potentially Deleted From Phase 1 Phase 2 Pipeline Potential Phase 2 Pipeline s� Potential Phase 2 Project Area - - -�� North Bay Water Reuse Program Feasibility Study Groundwater Depression - Petaluma Projects N 0 4.000 * F® ..;Source.,.Esri, DigltalGlobe - -, GeDEYe'�i-qubed,,, � NORTH BAY WATER 146564 Figure REUSE PROGRAM e X U�GS�, ;AE'; Getmapping. AeroriNGg , 8/20/2015 7 Attachment 3 Prir►t= GENERAL INFORMATION PACKAGE I. TYPE OF ASSISTANCE REQUESTED Amount of Assistance Requested: $4,305,994.85 Proposed Security: ❑✓ Wastewater revenues and fund ❑Water revenues and fund ❑Other: Project Type(s): ❑ Wastewater ✓❑ Water Recycling ❑ Estuary ❑ Nonpoint Source II. APPLICANT INFORMATION Applicant Name: City Of Petaluma Street Address3890 Cypress Dr city: Petaluma State: CA Zi +4 Code: 94954 Applicant Type: ❑✓ Public ❑ Indian Tribe Non rofit ❑ Other: Specify Charter City /County: 0 Yes ❑ No Mailing Address: 3890 Cypress Dr I city: Petaluma State: CA [Zip+4 Code: 94954 Congressional District(s): Second and Fifth State Senate District(s): Second State Assembly District(s): Second, Fourth, and Tenth County: Sonoma I Federal Tax ID No.: 94- 6000392 Data Universal Numbering System DUNS No.: 020021978 R ' nal Water Board where the-project will take lace: (North Coast) (San Francisco Bay) Q8 (Central Coast) ❑ 4 (Los Angeles) J 5 (Centro Valley) � 6 (Lahontan) F-]7 (Colorado River) ❑ 8 (Santa Ana) ❑ 9 (San Diego) Authorized Representative Name, Title: Dan St. John, Director of Public Works and Utilities Phone No.: 707 ) 778 -4546 Email Address: Dst'ohn ci. petal u ma. ca. us Contact Person Name:Leah Walker Phone No.: 707 778 -4583 Email Address: Lwalker ci. etalu ma. ca. us Local Counsel Name: Eric Danly Phone No.: 707 778 -4362 Email Address: Edanly @ci.petaluma.ca.us III. PROJECT INFORMATION AND PROPOSED SCHEDULES Project Description: (Enter a brief description of the project) The project will increase the tertiary capacity of Petaluma's Ellis Creek Water Recycling Facility from 4.8 to 7.8 mgd, providing 1,100 AFY for expanding urban and agricultural irrigation. This includes the installation of a second sand filter module and addition of a third channel of ultraviolet lights for disinfection. The project includes expansion of the urban recycled water distribution to serve schools, parks, and greenbelts by extending a 16" pipeline 1.6 miles in northeastern Petaluma. This project will provide an additional 51 AFY of potable water offset. Currently, the majority of agricultural users that would benefit are dependent upon strained surface water resources (local reservoirs). Expansion of production capacity would allow the City to serve additional vineyards and dairies that have played a vital role in the local economy for over 150 years. Project Title: Expansion of Petaluma Recycled Water Treatment Capacity and Urban Distribution System NPDES Permit or WDR Order No. if applicOU2 Current Year Estimated Population Served: State Use Only CWSRF Project # Project Manager Date Received Consultation with Other Agencies Please list other Federal and State agencies that have been involved in this project (e.g. planning, CEQA /NEPA consultation, funding, etc.), their contact information if known, and estimated dates for resolution of any issues. The Tertiary Capacity Expansion Project is part of an adopted Environmental Impact Report for the City of Petaluma's recycled water program. The pipeline portion is covered under the City's Recycled Water Master Plan. No consultation with other agencies is anticipated. Partnering Agencies Please list all other agencies that have an interest in this project. Provide contact information if known. North Bay Water Reuse Authority. www.NBWRA.org 404 Aviation Blvd., Santa Rosa, CA 95403 707 - 235 -8965 IV. ESTIMATED PROJECT CAPITAL COSTS AND FUNDING SUMMARY Cost Classification Total Project Costs Other Funding ftanested Financing A. Facilities Planning (a) B. Facilities Design (a) C. Construction Management (a) D. Value Engineering (a) E. Administration (a) F. Facilities Construction Total G. Contingency H. Pre - Purchase Material /Equipment I. Land and Right -of -Way J. Other Costs $ 415,577.00 $ 250,,000.00 $ 75�9?1= 1zFT10- $ $ $ 0.00 $ 9,746,274.00 $ 41 x,577 -00 $ 0.109,000.00 $3 , 9Rl:278.57 $ 675,000.00 $ 0.00 $ $ 0.00 $i7i000.00 V.,754,559.23 4@6 $n nn Explain: 5,4 40,279.5-7 4,305,994.85 K. Total Project Costs $ $ $ (a) Soft costs maybe provided for planning, design, value engineering, construction management, and administration costs. 08%6,274.00 Portion of the Total Project Costs that will serve existing facilities and /or existing communities $ Portion of the Total Project Costs that will serve new development $ 9 Estimated or Actual Date Estimated Project Schedule: Complete Construction Application 12/15/2015 1) General Information Package 2) Technical Package 12/15/2015 3) Environmental Package 12/15/2015 4) Financial Security Package 12/15/2015 Complete Project Plans and Specifications 4/1/2016 Advertise Bids 6/1/2016 Issue Notice to Proceed 8/11/2016 Complete Construction 10/31/2018 Consultation with Other Agencies Please list other Federal and State agencies that have been involved in this project (e.g. planning, CEQA /NEPA consultation, funding, etc.), their contact information if known, and estimated dates for resolution of any issues. The Tertiary Capacity Expansion Project is part of an adopted Environmental Impact Report for the City of Petaluma's recycled water program. The pipeline portion is covered under the City's Recycled Water Master Plan. No consultation with other agencies is anticipated. Partnering Agencies Please list all other agencies that have an interest in this project. Provide contact information if known. North Bay Water Reuse Authority. www.NBWRA.org 404 Aviation Blvd., Santa Rosa, CA 95403 707 - 235 -8965 IV. ESTIMATED PROJECT CAPITAL COSTS AND FUNDING SUMMARY Cost Classification Total Project Costs Other Funding ftanested Financing A. Facilities Planning (a) B. Facilities Design (a) C. Construction Management (a) D. Value Engineering (a) E. Administration (a) F. Facilities Construction Total G. Contingency H. Pre - Purchase Material /Equipment I. Land and Right -of -Way J. Other Costs $ 415,577.00 $ 250,,000.00 $ 75�9?1= 1zFT10- $ $ $ 0.00 $ 9,746,274.00 $ 41 x,577 -00 $ 0.109,000.00 $3 , 9Rl:278.57 $ 675,000.00 $ 0.00 $ $ 0.00 $i7i000.00 V.,754,559.23 4@6 $n nn Explain: 5,4 40,279.5-7 4,305,994.85 K. Total Project Costs $ $ $ (a) Soft costs maybe provided for planning, design, value engineering, construction management, and administration costs. 08%6,274.00 Portion of the Total Project Costs that will serve existing facilities and /or existing communities $ Portion of the Total Project Costs that will serve new development $ 9 VI. SUSTAINABILITY A project that supports or incorporates one or more of the following sustainability goals receives one priority point for each area addressed. Label the requested documents as Attachment G1, G2, G3, etc. The project supports infill development or results in the reuse or redevelopment of land in an area presently served by transit, streets, water, sewer and other essential services. G1 – Provide a map highlighting the infill or redevelopment areas. The applicant maintains a Capital Improvement Plan, an Asset Management Plan, or has performed a full -cost ❑ pricing analysis, or the project incorporates climate change adaption. G2 – Provide copies or links to these plan or analysis. The project protects environmental or agricultural resources such as farm, range and forest lends; wetlands and wildlife habitats; recreational lands such as parks, trails, and greenbelts; or landscapes with locally unique features or areas identified by the state as deserving special protection. G3 – Provide a map highlighting the areas that will be protected. ❑ The project is cited in one or more regional environmental management plans. G4 – Provide copies or links to these plans. The project incorporates wastewater or storm water /urban runoff recycling, water conservation, energy F-1 conservation, low impact development, or reduced use of other vital resources. G5 – Explain the reason for the energy savings and the expected energy savings. ❑ The project uses low- impact treatment for lower lifecycle operating costs through reduced energy, chemical, or other inputs. G6 – Explain the reason(s) for the reduced operating costs. CERTIFICATION AND SIGNATURE; OF AUTHORIZED REPRESENTATIVE To the best of my knowledge and belief, I certify that I am authorized to submit this application; the information provided in this application is true and correct; the documentation has been duly authorized by the governing body of the applicant; and the entity possesses the legal authority to apply for the financing and enter into a financing agreement with the State Water Resources Control Board and to finance and construct the proposed facilities. Name of Authorized Representative: Title: Signature of Authorized Representative: Date: HOW DID YOU HEAR ABOUT THE CWSRF PROGRAM? ❑ California Financing Coordinating Committee (CFCC) Funding Fair ❑ Colleague ❑ State Water Board Letter ❑ Conference/Trade Show/Workshop (Specify): ❑ Employer /Employee ❑ Consultant ❑ Internet ❑ Publication El Other (Specify): m0 Attachment G2 Link to City of Petaluma 2016 Budget that includes Capital Improvement Program 2016 -2020 with the projects in this application. Project C66401415 Recycled Water Pipeline System Extensions (Page 77) Project C66401416 Tertiary Filtration System Expansion (Page 70). http: / /cityofpetaluma. net / finance/ pdf/ 2016budget /2016PrelimBudget.pdf CL 12 ^ m Q 13