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HomeMy WebLinkAboutA6967-1 CALIFORNIA STATE WATER RESCOURCE CONTROL BOARD Clean Water Water Boards WASTEWATER CITY OF PALM SPRINGS AND CALIFORNIA STATE WATER RESOURCES CONTROL BOARD INSTALLMENT SALE AGREEMENT PUBLICLY OWNED TREATMENT WORKS(POTW) CONSTRUCTION FINANCING WASTEWATER TREATMENT PLANT HEADWORKS AND CLARIFIER UPGRADE PROJECT CLEAN WATER STATE REVOLVING FUND PROJECT NO. C-06-8122-110 AGREEMENT NO. D16-01023 AMENDMENT NO. 1 AMOUNT: $29,917,266 ELIGIBLE START DATE: NOVEMBER 14, 2016 END DATE: MA4 34, 2948SEPTEMBER 27.2048 COMPLETION OF CONSTRUCTION DATE: MAY 31,2GUSEPTEMBER 27.2018 FINAL DISBURSEMENT REQUEST DATE: RCH 27,2019 DATED AS OF NOVEMBER 14, 2016 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 May 9, 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 B—Project Financing Amount(1 page attached)* Exhibit C—Payment Schedule (2 pages attached) *** * Text additions are displayed in bold and underline. Except as otherwise noted, text deletions are displayed as strike through text(i.e., strike out) Entire Exhibit added Updated Pages All other terms and conditions shall remain the same. CIT O PALM SPRINGS APPIRMW TO FOM B t/i7 Name: Marcus Fuller C"ATTO W Title: Assistant City Manager Date: STATE WATER RE URCES CO 1fO SID RD: T. By: Name: s ie L don rfy Cl Title: Deput irector Di ' cial Assistance Date: 1 a 2 1 2015a 1OV16 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT A—SCOPE OF WORK 1. The Recipient agrees to start construction no later than the estimated date of^'^ rti'F 1, 29 Wkftgary 23. 2017. 2. The Completion of Construction date is hereby established as May 3. 1 2GUSeutember 27. 2D78. 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 April 20, 2016 respectively and Addendums No. 1, 2, 3, 4, 5 and 6 dated June 23, 2016, July 14, 2016, July 14, 2016. July 18. 2016, July 22, 2016 and August 4, 2016 respectively, which are the basis for the construction contract to be awarded by the Recipient; (b) the Waste Discharge Requirement Order No. R7-2013-0067; (c) the Recipient's Reimbursement Resolution No. 23799 dated April 1, 2015, 5. Reporting. Status Reports due at least quarterly. 6. Scope of Work. (a) Project Objectives: The objectives of the Project are to replace outdated maintenance intensive facilities with newer technology and reduce odors by improving odor control with new technologies. (b) Project Description: The Recipient's existing wastewater treatment plant (WWTP) facilities are in need of upgrades/replacements as a result of aging and outdated infrastructure. The original WWTP was constructed in 1960, and is now over 50 years old. Major expansion of the WWTP to its current 10.9 million gallon per day capacity was completed in 1983. The selected Project will upgrade and replace aging and outdated infrastructure, and reduce odors by improving odor control with new technology. Project components include: new influent sewer, new headworks, septage receiving station, influent pump station, two new primary clarifiers, new primary scum pump station, primary sludge de-gritter with two classifiers, gravity thickener cover, Digester No. 2 cover, foul air treatment facility, and new Supervisory Control & Data Acquisition (SCADA) control system. The Project includes the following Green Project Reserve components: green infrastructure and energy efficiency improvements. The Project will replace 61,000 sq. feet of the impermeable pavement area surrounding the treatment structures with decomposed granite. In order to improve energy efficiency at the WWTP, the Project will replace pre-Energy Policy Act of 1992 motors with National Electrical Manufacturers Association premium efficient motors,and install light-emitting diode lighting fixtures, and install a SCADA system. A-1 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT A—SCOPE OF WORK 7. Signage. The Recipient shall place a sign at least four feet tall by eight feet wide made of% 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): ' =,EPA► Clean Water Water Boards "Funding for this $33.229,571 Wastewater Treatment Plant Headworks and Clarifier Upgrade Project has been provided in full or in part by 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." 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 Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 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-three million two hundred twenty-nine thousand five hundred seventy-one dollars and no cents ($33,229,571.00). 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 twenty-nine million nine hundred seventeen thousand two hundred sixty-six dollars and no cents ($29,917,266.00). The estimated amount of principal that will be due to the State Water Board under this Agreement is twenty-eight million eight hundred four thousand seven hundred eighty-one dollars and no cents ($28,804,781.00). 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 and seven tenths (1.7%) 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. Contingent Principal Forgiveness. Contingent on the Recipient's performance of its obligations under this Agreement, the State Water Board agrees to forgive up to one million one hundred twelve thousand four hundred eighty-five dollars and no cents ($1,112,485.00)of the principal under this Agreement. 5. [Reserved] 6. The term of this agreement is from November 14, 2016 to May-31, 20485eotember 27, 2048. 7. Budget costs are contained in the Project Cost Table, which is part of Exhibit A-FBA. B-1 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT C—PAYMENT SCHEDULE See the attached preliminary Payment Schedule dated MaFGh ", '"". 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 I I I California CWSRF Payment Schedule Principal is paid over: 30 Years Project No.8122-110-Palm Springs,City of Interest rate: 1.70000 Agreement:D1601023-based on Projected Disbursements W WTP Head Works and Clarifier Upgrade Project Ref Due Date Interest Interest Total P and 1 Total Ending CPI Num Date Received Principal Payment Rate% Payment Payment Payment Balance Interest 1 9/27/2019 629,193.61 1.700 330,030.84 959,224.45 959,224.45 21,817,989.12 0.00 2 9/27/2020 723,941.37 L700 405,087.21 1,129,028.58 1,129,028.58 24,987,795.88 0.00 3 9/27/2021 788,422.44 L700 451,245.13 1,239,667.57 1,239,667.57 26,663,223.58 0.00 4 9.127/2022 786,392.77 L700 453,274.80 1,239,667.57 1,239,667.57 25,876,830.81 0.00 5 9/27/2023 799,761.45 L700 439,906.12 1,239,667.57 1,239,667.57 25,077,069.36 0.00 6 9/27/2024 813,357.39 1.700 426,310.18 1,239,667.57 1,239,667.57 24,263,711.97 0.00 7 9/27/2025 827,184A7 1.700 412,483,10 1,239,667.57 1,239,667.57 23,436,527.50 0.00 8 9/27/2026 841,246.60 1.700 398,420.97 1,239,667.57 1,239,667.57 22,595,280.90 0.00 9 9.27/2027 855,547.79 1.700 384,119.78 1,239,667.57 1,239,667.57 21,739,733.11 0.00 10 9/27/2028 870,09111 1.700 369,575.46 1,239,667.57 1,239,667.57 20,869,641.00 0.00 11 9/27/2029 894,983.67 1.700 354,783.90 1,239,667.57 1,239,667.57 19,984,757.33 0.00 12 9/27/2030 899,926,70 1,700 339,740.87 1,239,667.57 1,239,667.57 19,094,930.63 0.00 13 9/27/2031 915,22545 L700 324,442.12 1,239,667.57 1,239,667.57 18,169,605.18 0.00 14 9/27/2032 930,784.28 1.700 308,883.29 1,239,667.57 1,239,667.57 17,238,820.90 0.00 15 9/27/2033 946,607.61 1.700 293,059.96 1,239,667.57 1,239,667.57 16.292,213.29 0.00 16 9/27/2034 962,699.94 L700 276,967.63 1,239,667.57 3,239,667.57 15,329,513.35 0.00 17 9/27/2035 979,065.84 1.700 260,601.73 1,239,667.57 1,239,667.57 14,350,447.51 0.00 18 9/27/2036 995,709.96 1.700 243,957.61 1,239,667.57 1,239,667.57 13,354,737.55 0.00 19 9/27/2037 1,012,637.03 1.700 227,030.54 1,239,667.57 1,239,667.57 12,342,100.52 0.00 20 9/27/2038 1,029,851.86 1.700 209,815.71 1,239,667.57 1,239,667.57 11,312,248.66 0.00 21 927/2039 1,047,359.34 1700 192,308.23 1,239,667.57 1,239,667.57 10,264,889.32 0.00 22 9/272040 1,065,164.45 1.700 174,503.12 1,239,667.57 1,239,667.57 9,199,724,87 0.00 23 927/2041 1,083,272.25 1.700 156,395.32 1,239,667.57 1,239,66757 8,116,452.62 0.00 24 9/27/2042 1,101,687.88 1.700 137,979.69 1,239,667.57 1,239,667.57 7,014,764.74 0.00 25 9/27/2043 1,120,41657 L700 119,251.00 1,239,667.57 1,239,667.57 5,894,349,17 0.00 26 9/27/2044 1,139,463.65 1.700 100,203.92 1,239,667.57 1,239,667,57 4,754,884,52 0.00 j 27 9/272045 1,158,834.53 1.700 80,833,04 1,239,667.57 1,239,667.57 3,596,049.99 0.00 28 9/27/2046 1,178,53472 1.700 61,132.85 1,239,667.57 1,239,667.57 2,417,515,27 0.00 29 9/272047 1,198,569.81 1.700 41,097.76 1,239,667,57 1,239,667.57 1,218945.46 0.00 30 9272049 1,218,945,46 1,700 20,722.07 1239,667.53 1,239,667.53 0.00 0.00 28.804,781.00 7,994,163.95 36,798,944.95 36,798,944.95 0.00 Page I of 1 321/2018 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT A—SCOPE OF WORK 1. The Recipient agrees to start construction no later than the estimated date of DeGernber', 2840January 23, 2017. 2. The Completion of Construction date is hereby established as May-31, 20-1$September 27.2018. 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 April 20, 2016 respectively and Addendums No. 1, 2, 3, 4, 5 and 6 dated June 23, 2016. July 14, 2016, July 14, 2016, July 18, 2016, July 22, 2016 and August 4, 2016 respectively, which are the basis for the construction contract to be awarded by the Recipient; (b) the Waste Discharge Requirement Order No. R7-2013-0067, (c) the Recipient's Reimbursement Resolution No. 23799 dated April 1, 2015; 5. Reporting. Status Reports due at least quarterly. 6. Scope of Work. (a) Project Obiectives: The objectives of the Project are to replace outdated maintenance intensive facilities with newer technology and reduce odors by improving odor control with new technologies. (b) Project Description: The Recipient's existing wastewater treatment plant (WWTP)facilities are in need of upgrades/replacements as a result of aging and outdated infrastructure. The original WWTP was constructed in 1960, and is now over 50 years old. Major expansion of the WWTP to its current 10.9 million gallon per day capacity was completed in 1983. The selected Project will upgrade and replace aging and outdated infrastructure, and reduce odors by improving odor control with new technology. Project components include: new influent sewer, new headworks, septage receiving station, influent pump station,two new primary clarifiers, new primary scum pump station, primary sludge de-gritter with two classifiers, gravity thickener cover, Digester No. 2 cover, foul air treatment facility, and new Supervisory Control & Data Acquisition (SCADA)control system. The Project includes the following Green Project Reserve components: green infrastructure and energy efficiency improvements. The Project will replace 61,000 sq. feet of the impermeable pavement area surrounding the treatment structures with decomposed granite. In order to improve energy efficiency at the WWTP,the Project will replace pre-Energy Policy Act of 1992 motors with National Electrical Manufacturers Association premium efficient motors,and install light-emitting diode lighting fixtures, and install a SCADA system. A-1 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT A-SCOPE OF WORK 7. Signage. The Recipient shall place a sign at least four feet tall by eight feet wide made of/. 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): rrr Clean Water 'Water Boards �� �weh cbnzt, ti -... .. EAgOmenti@Pmmc�en "Funding for this c",'�42G,574-Wastewater Treatment Plant Headworks and Clarifier Upgrade Project has been provided in full or in part by 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." 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 Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 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-three million two hundred twenty-nine thousand five hundred seventy-one dollars and no cents($33,229,571.00). 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 twenty-nine million nine hundred seventeen thousand two hundred sixty-six dollars and no cents ($29,917,266.00). The estimated amount of principal that will be due to the State Water Board under this Agreement is twenty-eight million eight hundred four thousand seven hundred eighty-one dollars and no cents ($28,804,781.00). 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 and seven tenths (1.7%) 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. Contingent Principal Forgiveness. Contingent on the Recipient's performance of its obligations under this Agreement, the State Water Board agrees to forgive up to one million one hundred twelve thousand four hundred eighty-five dollars and no cents ($1,112,485.00)of the principal under this Agreement. 5. [Reserved] 6. The term of this agreement is from November 14, 2016 to May 3.� ''?, 2049September 27.2048. 7. Budget costs are contained in the Project Cost Table,which is part of Exhibit A-FBA. B-1 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT C—PAYMENT SCHEDULE See the attached preliminary Payment Schedule dated MaFeh 13, 20+:7. 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 Clean Water Water Boards WASTEWATER CITY OF PALM SPRINGS AND CALIFORNIA STATE WATER RESOURCES CONTROL BOARD INSTALLMENT SALE AGREEMENT PUBLICLY OWNED TREATMENT WORKS(POTW) CONSTRUCTION FINANCING WASTEWATER TREATMENT PLANT HEADWORKS AND CLARIFIER UPGRADE PROJECT CLEAN WATER STATE REVOLVING FUND PROJECT NO. C-06-8122-110 AGREEMENT NO. D16-01023 AMENDMENT NO. 1 AMOUNT: $29,917,266 ELIGIBLE START DATE: NOVEMBER 14, 2016 END DATE: MA4 34, 2948SEPTEMBER 27.2048 COMPLETION OF CONSTRUCTION DATE: MAY 31,2GUSEPTEMBER 27.2018 FINAL DISBURSEMENT REQUEST DATE: RCH 27,2019 DATED AS OF NOVEMBER 14, 2016 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 May 9, 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 B—Project Financing Amount(1 page attached)* Exhibit C—Payment Schedule (2 pages attached) *** * Text additions are displayed in bold and underline. Except as otherwise noted, text deletions are displayed as strike through text(i.e., strike out) Entire Exhibit added Updated Pages All other terms and conditions shall remain the same. CIT O PALM SPRINGS APPIRMW TO FOM B t/i7 Name: Marcus Fuller C"ATTO W Title: Assistant City Manager Date: STATE WATER RE URCES CO 1fO SID RD: T. By: Name: s ie L don rfy Cl Title: Deput irector Di ' cial Assistance Date: 1 a 2 1 2015a 1OV16 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT A—SCOPE OF WORK 1. The Recipient agrees to start construction no later than the estimated date of^'^ rti'F 1, 29 Wkftgary 23. 2017. 2. The Completion of Construction date is hereby established as May 3. 1 2GUSeutember 27. 2D78. 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 April 20, 2016 respectively and Addendums No. 1, 2, 3, 4, 5 and 6 dated June 23, 2016, July 14, 2016, July 14, 2016. July 18. 2016, July 22, 2016 and August 4, 2016 respectively, which are the basis for the construction contract to be awarded by the Recipient; (b) the Waste Discharge Requirement Order No. R7-2013-0067; (c) the Recipient's Reimbursement Resolution No. 23799 dated April 1, 2015, 5. Reporting. Status Reports due at least quarterly. 6. Scope of Work. (a) Project Objectives: The objectives of the Project are to replace outdated maintenance intensive facilities with newer technology and reduce odors by improving odor control with new technologies. (b) Project Description: The Recipient's existing wastewater treatment plant (WWTP) facilities are in need of upgrades/replacements as a result of aging and outdated infrastructure. The original WWTP was constructed in 1960, and is now over 50 years old. Major expansion of the WWTP to its current 10.9 million gallon per day capacity was completed in 1983. The selected Project will upgrade and replace aging and outdated infrastructure, and reduce odors by improving odor control with new technology. Project components include: new influent sewer, new headworks, septage receiving station, influent pump station, two new primary clarifiers, new primary scum pump station, primary sludge de-gritter with two classifiers, gravity thickener cover, Digester No. 2 cover, foul air treatment facility, and new Supervisory Control & Data Acquisition (SCADA) control system. The Project includes the following Green Project Reserve components: green infrastructure and energy efficiency improvements. The Project will replace 61,000 sq. feet of the impermeable pavement area surrounding the treatment structures with decomposed granite. In order to improve energy efficiency at the WWTP, the Project will replace pre-Energy Policy Act of 1992 motors with National Electrical Manufacturers Association premium efficient motors,and install light-emitting diode lighting fixtures, and install a SCADA system. A-1 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT A—SCOPE OF WORK 7. Signage. The Recipient shall place a sign at least four feet tall by eight feet wide made of% 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): ' =,EPA► Clean Water Water Boards "Funding for this $33.229,571 Wastewater Treatment Plant Headworks and Clarifier Upgrade Project has been provided in full or in part by 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." 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 Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 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-three million two hundred twenty-nine thousand five hundred seventy-one dollars and no cents ($33,229,571.00). 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 twenty-nine million nine hundred seventeen thousand two hundred sixty-six dollars and no cents ($29,917,266.00). The estimated amount of principal that will be due to the State Water Board under this Agreement is twenty-eight million eight hundred four thousand seven hundred eighty-one dollars and no cents ($28,804,781.00). 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 and seven tenths (1.7%) 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. Contingent Principal Forgiveness. Contingent on the Recipient's performance of its obligations under this Agreement, the State Water Board agrees to forgive up to one million one hundred twelve thousand four hundred eighty-five dollars and no cents ($1,112,485.00)of the principal under this Agreement. 5. [Reserved] 6. The term of this agreement is from November 14, 2016 to May-31, 20485eotember 27, 2048. 7. Budget costs are contained in the Project Cost Table, which is part of Exhibit A-FBA. B-1 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT C—PAYMENT SCHEDULE See the attached preliminary Payment Schedule dated MaFGh ", '"". 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 I I I California CWSRF Payment Schedule Principal is paid over: 30 Years Project No.8122-110-Palm Springs,City of Interest rate: 1.70000 Agreement:D1601023-based on Projected Disbursements W WTP Head Works and Clarifier Upgrade Project Ref Due Date Interest Interest Total P and 1 Total Ending CPI Num Date Received Principal Payment Rate% Payment Payment Payment Balance Interest 1 9/27/2019 629,193.61 1.700 330,030.84 959,224.45 959,224.45 21,817,989.12 0.00 2 9/27/2020 723,941.37 L700 405,087.21 1,129,028.58 1,129,028.58 24,987,795.88 0.00 3 9/27/2021 788,422.44 L700 451,245.13 1,239,667.57 1,239,667.57 26,663,223.58 0.00 4 9.127/2022 786,392.77 L700 453,274.80 1,239,667.57 1,239,667.57 25,876,830.81 0.00 5 9/27/2023 799,761.45 L700 439,906.12 1,239,667.57 1,239,667.57 25,077,069.36 0.00 6 9/27/2024 813,357.39 1.700 426,310.18 1,239,667.57 1,239,667.57 24,263,711.97 0.00 7 9/27/2025 827,184A7 1.700 412,483,10 1,239,667.57 1,239,667.57 23,436,527.50 0.00 8 9/27/2026 841,246.60 1.700 398,420.97 1,239,667.57 1,239,667.57 22,595,280.90 0.00 9 9.27/2027 855,547.79 1.700 384,119.78 1,239,667.57 1,239,667.57 21,739,733.11 0.00 10 9/27/2028 870,09111 1.700 369,575.46 1,239,667.57 1,239,667.57 20,869,641.00 0.00 11 9/27/2029 894,983.67 1.700 354,783.90 1,239,667.57 1,239,667.57 19,984,757.33 0.00 12 9/27/2030 899,926,70 1,700 339,740.87 1,239,667.57 1,239,667.57 19,094,930.63 0.00 13 9/27/2031 915,22545 L700 324,442.12 1,239,667.57 1,239,667.57 18,169,605.18 0.00 14 9/27/2032 930,784.28 1.700 308,883.29 1,239,667.57 1,239,667.57 17,238,820.90 0.00 15 9/27/2033 946,607.61 1.700 293,059.96 1,239,667.57 1,239,667.57 16.292,213.29 0.00 16 9/27/2034 962,699.94 L700 276,967.63 1,239,667.57 3,239,667.57 15,329,513.35 0.00 17 9/27/2035 979,065.84 1.700 260,601.73 1,239,667.57 1,239,667.57 14,350,447.51 0.00 18 9/27/2036 995,709.96 1.700 243,957.61 1,239,667.57 1,239,667.57 13,354,737.55 0.00 19 9/27/2037 1,012,637.03 1.700 227,030.54 1,239,667.57 1,239,667.57 12,342,100.52 0.00 20 9/27/2038 1,029,851.86 1.700 209,815.71 1,239,667.57 1,239,667.57 11,312,248.66 0.00 21 927/2039 1,047,359.34 1700 192,308.23 1,239,667.57 1,239,667.57 10,264,889.32 0.00 22 9/272040 1,065,164.45 1.700 174,503.12 1,239,667.57 1,239,667.57 9,199,724,87 0.00 23 927/2041 1,083,272.25 1.700 156,395.32 1,239,667.57 1,239,66757 8,116,452.62 0.00 24 9/27/2042 1,101,687.88 1.700 137,979.69 1,239,667.57 1,239,667.57 7,014,764.74 0.00 25 9/27/2043 1,120,41657 L700 119,251.00 1,239,667.57 1,239,667.57 5,894,349,17 0.00 26 9/27/2044 1,139,463.65 1.700 100,203.92 1,239,667.57 1,239,667,57 4,754,884,52 0.00 j 27 9/272045 1,158,834.53 1.700 80,833,04 1,239,667.57 1,239,667.57 3,596,049.99 0.00 28 9/27/2046 1,178,53472 1.700 61,132.85 1,239,667.57 1,239,667.57 2,417,515,27 0.00 29 9/272047 1,198,569.81 1.700 41,097.76 1,239,667,57 1,239,667.57 1,218945.46 0.00 30 9272049 1,218,945,46 1,700 20,722.07 1239,667.53 1,239,667.53 0.00 0.00 28.804,781.00 7,994,163.95 36,798,944.95 36,798,944.95 0.00 Page I of 1 321/2018 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT A—SCOPE OF WORK 1. The Recipient agrees to start construction no later than the estimated date of DeGernber', 2840January 23, 2017. 2. The Completion of Construction date is hereby established as May-31, 20-1$September 27.2018. 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 April 20, 2016 respectively and Addendums No. 1, 2, 3, 4, 5 and 6 dated June 23, 2016. July 14, 2016, July 14, 2016, July 18, 2016, July 22, 2016 and August 4, 2016 respectively, which are the basis for the construction contract to be awarded by the Recipient; (b) the Waste Discharge Requirement Order No. R7-2013-0067, (c) the Recipient's Reimbursement Resolution No. 23799 dated April 1, 2015; 5. Reporting. Status Reports due at least quarterly. 6. Scope of Work. (a) Project Obiectives: The objectives of the Project are to replace outdated maintenance intensive facilities with newer technology and reduce odors by improving odor control with new technologies. (b) Project Description: The Recipient's existing wastewater treatment plant (WWTP)facilities are in need of upgrades/replacements as a result of aging and outdated infrastructure. The original WWTP was constructed in 1960, and is now over 50 years old. Major expansion of the WWTP to its current 10.9 million gallon per day capacity was completed in 1983. The selected Project will upgrade and replace aging and outdated infrastructure, and reduce odors by improving odor control with new technology. Project components include: new influent sewer, new headworks, septage receiving station, influent pump station,two new primary clarifiers, new primary scum pump station, primary sludge de-gritter with two classifiers, gravity thickener cover, Digester No. 2 cover, foul air treatment facility, and new Supervisory Control & Data Acquisition (SCADA)control system. The Project includes the following Green Project Reserve components: green infrastructure and energy efficiency improvements. The Project will replace 61,000 sq. feet of the impermeable pavement area surrounding the treatment structures with decomposed granite. In order to improve energy efficiency at the WWTP,the Project will replace pre-Energy Policy Act of 1992 motors with National Electrical Manufacturers Association premium efficient motors,and install light-emitting diode lighting fixtures, and install a SCADA system. A-1 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT A-SCOPE OF WORK 7. Signage. The Recipient shall place a sign at least four feet tall by eight feet wide made of/. 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): rrr Clean Water 'Water Boards �� �weh cbnzt, ti -... .. EAgOmenti@Pmmc�en "Funding for this c",'�42G,574-Wastewater Treatment Plant Headworks and Clarifier Upgrade Project has been provided in full or in part by 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." 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 Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 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-three million two hundred twenty-nine thousand five hundred seventy-one dollars and no cents($33,229,571.00). 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 twenty-nine million nine hundred seventeen thousand two hundred sixty-six dollars and no cents ($29,917,266.00). The estimated amount of principal that will be due to the State Water Board under this Agreement is twenty-eight million eight hundred four thousand seven hundred eighty-one dollars and no cents ($28,804,781.00). 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 and seven tenths (1.7%) 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. Contingent Principal Forgiveness. Contingent on the Recipient's performance of its obligations under this Agreement, the State Water Board agrees to forgive up to one million one hundred twelve thousand four hundred eighty-five dollars and no cents ($1,112,485.00)of the principal under this Agreement. 5. [Reserved] 6. The term of this agreement is from November 14, 2016 to May 3.� ''?, 2049September 27.2048. 7. Budget costs are contained in the Project Cost Table,which is part of Exhibit A-FBA. B-1 City of Palm Springs Agreement No.: D16-01023 Project No.: C-06-8122-110 Amendment No. 1 EXHIBIT C—PAYMENT SCHEDULE See the attached preliminary Payment Schedule dated MaFeh 13, 20+:7. 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