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HomeMy WebLinkAbout10 APPROVE SECOND AMEND. TO FUNDING AGREE. FOR PETERS CANYON WASH CHANNEL & REUSE PIPELINE_- • Agenda Item 10 AGENDA REPORT Reviewed City Manager Finance Director N/A MEETING DATE: APRIL 21, 2015 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: APPROVE AMENDMENT NO. 2 TO THE AGREEMENT WITH THE CITY OF IRVINE, IRVINE RANCH WATER DISTRICT, COUNTY OF ORANGE, ORANGE COUNTY FLOOD CONTROL DISTRICT, AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO FUND THE PETERS CANYON WASH CHANNEL WATER CAPTURE AND REUSE PIPELINE SUMMARY The cooperative agreement between the County of Orange, the Orange County Flood Control District (OCFCD), the Irvine Ranch Water District (IRWD), California Department of Transportation (Caltrans), and the Cities of Irvine and Tustin was approved on November 19, 2013. The agreement provides for joint funding for the construction of the Peters Canyon Wash Channel Water Capture and Reuse Pipeline (PCW Pipeline Project). The construction of the pipeline will enable the City of Tustin to continue to comply with the provisions of the Selenium Total Maximum Daily Load (TMDL) and the Time Schedule Order No. R8- 2009 -0069, as adopted by the United States Environmental Protection Agency and the Santa Ana Regional Water Quality Control Board. Amendment No. 1 was approved January 20, 2015 and provided a supplemental payment to IRWD to complete Phase 1 of the project. Amendment No. 2 will update the estimated project cost to increase the Capital Cost Contribution and Estimated Second Installment Payment for the funding of Phase 2 of the project. The amendment will also clarify the parties' rights and obligations to comply with Proposition 84 grant program requirements. RECOMMENDATION It is recommended that the City Council: Appropriate $750,000 from the Tax Allocation Bond (Fund 561) for the Peters Canyon Wash Channel Water Capture and Reuse Pipeline; and 2. Approve the second amendment to the Peters Canyon Wash Channel Water Capture and Reuse Pipeline Funding Agreement, and authorize the Mayor and City Clerk to execute the document on behalf of the City. FISCAL IMPACT The Agreement divided the estimated project costs into two phases. The cost for Phase 1 was $1,522,000 to fund the development of environmental documents and the engineering design costs. The City of Tustin's portion of the cost for Phase 1 was $276,522 which was funded through MICAS Backbone Fees (Fund 187) and the MICAS Tax Allocation Bond (TAB) (Fund 561). A cost estimate for Phase 2 has been revised for the construction of the project and is now $11,292,000. Second Amendment Peters Canyon Wash Channel Pipeline Funding Agreement April 21, 2015 Page 2 The City of Tustin's portion is now $652,771, with a requested appropriation of $750,000 to ensure any unforeseen expenditures can be addressed. The adopted budget for the Peters Canyon Wash Water Capture and Reuse Pipeline Project (CIP 50039) is $450,000 from Proceeds from Land Held for Resale (Fund 189). By way of this agenda report, staff is requesting the funding source be changed to MICAS TAB. This project is listed in the Tustin Legacy Backbone Infrastructure Program and can be funded with MCAS TAB proceeds. MICAS TAB funds were being held by the California Department of Finance and only became available for use by the City on January 1, 2015. With these funds now available, staff believes it prudent to utilize MICAS TAB funds for which the sole purpose is to construct Tustin Legacy Infrastructure rather than Land Proceeds, which can be used for more general purposes. CORRELATION TO STRATEGIC PLAN The construction of the Peters Canyon Wash Water Capture and Reuse Pipeline contributes to the fulfillment of the City's Strategic Plan Goal G: Strong Community and Regional Relationships. Specifically, this project implements Strategy #2, which encourages working collaboratively with agencies outside Tustin on issues of mutual interest and concern to the parties. BACKGROUND In 1998, the Santa Ana Regional Water Quality Control Board identified the Newport Bay and San Diego Creek as impaired water bodies for selenium. As a result, the Environmental Protection Agency adopted a Total Maximum Daily Load (TMDL) for selenium in the Newport Bay Watershed that required the development of programs to attain reduction targets. In 2009, the Santa Ana Regional Water Quality Control Board issued Time Schedule Order for Compliance (TSO) R8- 2009 -0069. Failure to comply with the TMDL and TSO would expose the City to potential minimum daily fines and third party lawsuits. The Peters Canyon Wash Pipeline will enable the City to comply with the Santa Ana Regional Board's TMDL and TSO requirements. The City approved the funding agreement with the City of Irvine, IRWD, OCFCD, and Caltrans on November 19, 2013. Under the Agreement the estimated project cost was anticipated not to exceed $8,678,611. However, the costs for design, preparation of environmental documents, and mitigation along with the received lowest bid for construction, have increased the estimated project cost to $12,814,000. Amendment No. 2 will amend the agreement to update the estimated project cost and increase the amounts of each funding party's contribution. Amendment No. 2 will also clarify the party's rights and obligations regarding grant funding as requested by the Proposition 84 Integrated Regional Water Management Round 2 Implementation Grant Program administered by the Santa Ana Watershed Project Authority (SAWPA). The City Attorney has reviewed and approved the amendment "as to form ". It is therefore recommended that the City Council approve the First Amendment to the Peters Canyon Wash Channel Water Capture and Reuse Pipeline Funding Agreement and authorize the Mayor and City Clerk to execute the document on behalf of the City. Stack, P.E. Public Works /City Engineer Attachment 1: Amendment No. 2 to Peters Canyon Wash Channel Water Capture and Reuse Pipeline Agreement Attachment 2: Budget Summary 03/26/15 AMENDMENT NO. 2 to Peters Canyon Wash Channel Water Capture and Reuse Pipeline Project Agreement (Including Operations and Maintenance) City of Irvine City of Tustin Orange County Flood Control District County of Orange Irvine Ranch Water District California Department of Transportation This Amendment No. 2 ("Amendment') to Peters Canyon Wash Channel Water Capture and Reuse Pipeline Project Agreement ('Original Agreement') is made as of this day of , 2015, (`Effective Date ") by and among Irvine Ranch Water District, a body corporate and politic ( "IRWD "), City of Irvine, a charter city (`Irvine "), City of Tustin, a California municipal corporation ('Tustin "), Orange County Flood Control District, a body corporate and politic ( "OCFCD "), County of Orange, a political subdivision of the State of California (`County"), and California Department of Transportation, an agency of the State of California ( "Caltrans "), hereinafter sometimes individually referred to as "Party" or collectively as the "Parties." OCFCD and County are each individually Parties to this Amendment, but are collectively referred to in this Amendment as OCFCD. Irvine, Tustin, OCFCD, and Caltrans are providing funds to pay capital costs and are individually referred to as a "Funding Party", and are collectively referred to as the "Funding Parties ". OCFCD, IRWD, Irvine, and Tustin are individually referred to as an "Excess Credit Party", and are collectively referred to as the "Excess Credit Parties ". RECITALS A. The Parties entered into the Original Agreement as of December 12, 2013, to: (i) set forth their respective rights and obligations with respect to financing of the Peters Canyon Wash Channel Water Capture and Reuse Pipeline Project (the "Project') and completion of the Project design, at which point, subject to all necessary approvals having been obtained and compliance with applicable state and federal laws, including CEQA, and, if federal funding is provided for the Project, subject to compliance with the NEPA, the Parties will determine whether or not to proceed with construction and operation of the Project as provided for in the Agreement; and (ii) to memorialize the basis for the overall Project development and financing, including but not limited to obtaining permits from resource agencies and other government entities, design and construction of the Project, and operation and maintenance of the Pipeline, if the Parties determine to proceed with the Project. B. The Parties entered into that certain Amendment No. 1 to the Original Agreement dated as of February 9, 2015 , to (i) update the Project Schedule (Exhibit D to the Agreement), (ii) to facilitate expediting of the solicitation of bids for construction of the Project so that a reliable cost estimate for construction of the Project could be obtained by bidding, and (iii) to increase the funding for Phase 1 of the Project (design, environmental /regulatory review and approvals and access acquisition) without changing the Estimated Project Cost through the payment of a Supplemental Installment by each Funding Party. The Original Agreement and the Amendment No. 1 are collectively referred to herein as the "Agreement." All capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings ascribed to them in the Agreement. C. Pursuant to the terms of the Agreement, the Funding Parties have each made the First Installment Payment and the Supplemental Installment Payment for the funding of Phase 1 of the Project. D. At the time of entering into the Original Agreement, the Parties estimated that the total "Capital Costs" for the Project (the "Estimated Project Cost') would not exceed $8,678,611. As contemplated in Section 4.6 of the Agreement, IRWD advertised a contract for construction of the Project and has received bids, which have been opened and reviewed by each of the Parties. The lowest responsive and responsible bid, together with the cost of certification and approval of all necessary environmental documents and receipt of all regulatory agency approvals, will cause the current Estimated Project Cost (which includes the 20% contingency amount) set forth in the Original Agreement to be exceeded. The Parties now estimate that the Estimated Project Cost will not exceed $12,814,000. In accordance with Section 4.6.1 of the Agreement, the Parties have met and conferred and determined that IRWD should award a contract for construction of the Project to the lowest responsive and responsible bidder; accordingly, the Parties have determined that it is necessary to amend the Agreement to update the Estimated Project Cost, to increase the amounts of each Funding Party's respective Capital Cost Contribution and Estimated Second Installment Payment for the funding of Phase 2 (construction) of the Project and to augment and clarify certain provisions with respect to application of funds to O &M Costs and Capital Costs. E. Through this Amendment, the Parties also wish to update the Project Schedule (Exhibit "D ") to reflect the currently anticipated Project schedule, to further clarify the Parties' rights and obligations with respect to suspension of operation of the Pipeline, and to augment and clarify their rights and obligations set forth in the Agreement with respect to grant funding for the Project, including the Proposition 84 Integrated Regional Water Management Round 2 Implementation Grant Program administered by the Santa Ana Watershed Project Authority (SAWPA) One Water One Watershed (OWOW). AMENDMENT NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by reference, and the mutual covenants and promises among the Parties hereinafter set forth, the Parties agree as follows: Section 1. Project Costs. 1.1. Increase of Estimated Project Cost. Notwithstanding the first sentence of Recital E of the Original Agreement, the Parties now estimate that the total cost of "Capital Costs" for the Project (referred to in the Agreement as the "Estimated Project Cost ") will not exceed $12,814,000 . Accordingly, Exhibit "B" to the Agreement shall be updated as provided in Section 6, below, to reflect the revised Estimated Project Cost and the amounts of the Funding Parties' respective revised Project Capital Cost Contributions and Estimated Second Installment Payment. 1.2. In order to clarify the definition of "Capital Costs" as such term was defined in Recital E of the Original Agreement, the second sentence of Recital E is hereby amended to read as follows: "The term "Capital Costs" means all design and construction costs, including without limitation construction, costs for defense of CEQA/NEPA lawsuits or construction claims, project administration, including, but not limited to, accounting, inspection, surveying, compaction testing, geotechnical services and engineering, a reasonable and appropriate share of IRWD staff time, consultant costs, costs of permitting, bonds, rights - of -way acquisition, design, environmental compliance, mitigation identiTed in the approved CEOA documents for the Project excluding the supplemental water supply to the San Joaquin Marsh (subject to Sections 5.3 and 5.4), and documentation, costs related to HM Management Activities related to HM -2 (as defined in Section 1.9), management activities, construction management, startup and testing activities, project management and legal support for design, permitting and construction of the Project." 1.3. In order to clarify the definition of "O &M Costs" as such term was defined in Recital F of the Original Agreement, Recital F of the Original Agreement is hereby amended in its entirety to read as follows: "F. Subject to compliance with applicable state and federal laws, including the California Environmental Quality Act (California Public Resources Code § 21000 et seq.) ( "CEQA ") and, if federal funding is provided for the Project, subject to compliance with the National Environmental Policy Act (42 U.S.0 § 4231 et seq.) ( "NEPA "), the Parties will, as described in this Agreement, jointly provide: funding of Capital Costs not funded by Grants up to the Party's respective Project Capital Costs Contribution as defined herein; and funding of the costs to operate, maintain, and repair the Pipeline when it is placed into service, including without limitation on oin environmental mitigation,_ maintenance and monitoring costs identiTed in the approved CEQA documents for the Project, ,facility failures or replacements and costs related to lawsuits or regulatory actions associated with the Pipeline, its operation, and any discharges into the Pipeline (including discharges of hazardous materials) that are unrelated to any Party's improper or negligent act ( "O &M Costs "). O &M Costs does not include the Project's share of the cost of operating the Main Street pump station and the San Joaquin Marsh recirculation pumps (" IRWD's Supplemental Contribution ")." 1.4 Section 1.5 of the Agreement is hereby amended in its entirety to read as follows: "1.5 Operation and Maintenance. If the Project is constructed, IRWD shall operate and maintain the Pipeline from and after acceptance of the completed Pipeline solely for the exclusive, mutual use and benefit of the Parties. During the term of the Agreement, IRWD shall annually contribute O &M Costs in the amount of $60,000 increased each year by the same percentage increase as reflected in the Consumer Price Index (All Items) for the Anaheim -Long Beach Area, published by the United States Department of Labor, Bureau of Labor Statistics, or if the same shall no longer be published, the most nearly equivalent official index published by said Bureau or its successor or equivalent government agency ( "IRWD's O &M Contribution')." In addition to IRWD's O &M Contribution, IRWD shall pay IRWD's Supplemental Contribution. 1.5 The cost of the supplemental water supply to the San Joaquin Marsh is excluded from the definition of "Capital Costs" as amended in Section 1.2 hereof, provided, however, that should a determination be made by IRWD that such supplemental water supply is necessary to satisfy the requirements of the approved CEQA documents for the Project, IRWD shall notify the other Parties of such determination, and the Parties shall promptly act to process an amendment to the Agreement to increase the Funding Parties' respective Project Capital Cost Contribution consistent with each Funding Party's obligation to act in good faith and to not unreasonably refuse to amend the Agreement pursuant to Section 5.3, as reasonably required to fund a Capital Cost increase necessary to pay for such supplemental water supply. Section 2. Amendments Pertaining to Responsibility For Operation and Maintenance of the Project and Suspension of Project Operation. Section 1.6 of the Agreement is hereby amended in its entirety to read as follows: "1.6. Suspensions. 1.6.1 IRWD may temporarily suspend operation of the Project due to an emergency or scheduled or unscheduled maintenance. In the event of suspension IRWD shall use reasonable efforts to restore operation and maintenance of the Project as soon as is reasonably possible. IfIRWD suspends operation of the Project due to emergency or scheduled or unscheduled maintenance and does not use reasonable efforts to restore normal operations and maintenance as soon as is reasonably possible then IRWD shall be financially responsible for any loss of grant funding to the Project that may result from such suspension provided however, IRWD shall not be responsible if notwithstanding its reasonable efforts the resumption ofnormal operations and maintenance is prevented by a Force Maieure Event as that term is defined in Section 1.4.3. 1.6.2 IRWD shall notify the Funding Parties promptly of the occurrence of unforeseen increases in O &M Costs extemal operating expenses, regulateF�, ^ nditi^~° or ^- faeility failures that materially increase the O &M Costs over and above IRWD's O &M Contribution, and shall identify the estimated additional O &M Costs, and may request that each Funding Party indicate its willingness to fund its proportionate share of such increased O &M Costs as shown in the column entitled "Flow -based Percentage" in Exhibit B including the amount of increased O &M Costs that would be the share of any Funding Parties that do not provide a commitment as specified in the following sentence. If IRWD has not received a commitment pursuant to Section 6 from any Funding Parry to fund its proportionate share of the additional O &M Costs within 90 days of such notice, IRWD may suspend such non - committing Funding Party's right to use the Pipeline and Nitrogen and Selenium Offsets and/or Nitrogen and Selenium Credits generated by the Proiect until such commitment is received and anvpayment that has become due is made in full, together with payment of any unpaid interest accrued on the portion of the delinquent payment that remains outstanding, calculated as set forth in Section 4. I. Upon such payment IRWD shall apportion and apply such amount and accrued interest to reimburse itselffor any funds IRWD has advanced in excess of the IRWD O &M Contribution and then to the Funding Parties who previously paid the delinquent share operation of the PrE, eet upen of F ., er than 14 .lays priOr ,..:tte-H ^e of suspension to the Funding-Paities. During a suspension, each Funding Party whose rights have been suspended of the Pai4ieswill be responsible for finding and arranging an alternate means of disposal of its respective nitrogen and selenium discharges, and for payment of any fines, penalties or costs incurred by that Party as the result of a suspension. A Funding Party that pays all or part of another Funding Party's proportionate share of increased O &M Costs pursuant to this Subsection 1.6 in order to avoid suspension of its rights to use the Pipeline and Nitrogen and Selenium Offsets and/or Nitrogen and Selenium Credits generated by the Proiect may seek reimbursement from the non - funding Funding Party in accordance with the Dispute Resolution process set forth in Section 17 of this Agreement. in the event of a suspension, once the ^,,....e of .spensien has been etffe,l 1n3ARl shall use reasonable efF fts to .estere operation as Section 3. Amendment Pertaining to Refundine of Excess Funds. Section 5.4 of the Agreement is hereby amended in its entirety to read as follows_ "5.4 A final reconciliation and detailed accounting report will be provided by IRWD upon completion of the Project work. Subiect to Sections 4.7.7 and 5.3 IRWD shall invoice the Funding Parties for any shortfall in fundink of Capital Costs in accordance with their respective Flow -based Percentages forth in Exhibit B. Any excess funds remaining in the Project Fund after completion of the Pipeline shall be retained by IRWD in the Proiect Fund to be applied to pay the cost of the supplemental water supply to the San Joaquin Marsh if such supply is determined to be necessary to satisfy the requirements of the approved CEOA documents for the Proiect. If excess funds remain in the Proiect Fund after a period of three (3) years has elapsed from the date of commencement of operation of the Project and a supplemental water supply to the San Joaquin Marsh has either been completed or has not been determined to be necessary to satisfy the requirements of the approved CEOA documents for the Proiect, then the Parties shall meet and confer to determine whether IRWD shall release the excess funds or continue to retain them in the Proiect Fund; if the Parties' determination is that the excess funds should continue to be retained the Parties shall continue to periodically meet and confer to consider release or retention of the excess funds until no excess funds remain or a determination to retain the funds is not made. Unless upon any such meeting and conferring the Parties agree that the excess funds shall continue to be retained then the excess funds, minus any unexpended Grant funds, shall be reimbursed to the Parties pro rata in accordance with their respective Exhibit B Flow -based Percentages within forty -five (45) days of the date that the Parties so met and con erred°rej�en. Notwithstanding the foregoing, unexpended Grant funds shall only be disbursed according to the Grant requirements. Subject to Seetions 4.7.7 and d G Z 1RIAI l shall invaiee the Funding D.,..ties fef a shortfall in f...,.1ing of Capital Costs in aeeerdanee with their respeetive Flow based Pereentages set fai4h in Exhibit B." Section 4. Amendment Pertaining to Insufficiency or Return of Grant Funds. A new Section 5.6 is hereby added to the Agreement to read as follows: "5.6 Insufficiency or Return of Grant Funds. 5.61 In the event ofa reduction in Grant funding due to the denial or reduction in the amount of either ofthe Grants following the award of contract for construction of the Project (a) Irvine and/or IRWD shall immediately notify the other Parties ofsuch reduction in Grant funding and (b) the Parties shall promptly act to process an amendment to this Agreement to increase the Funding Parties' respective Project Capital Cost Contribution consistent with each Funding Party's obligation to act in good ,faith and to not unreasonably refuse to amend the Agreement pursuant to Section 5.3. 5.62 If following expenditure ofpreviously received Grant funds such Grant funds are disallowed in whole or in par[ by the zrantor for any reason, and Irvine and/or IRWD becomes obligated to repay such Grant funds and/or interest accrued thereon to the Qrantor, the Parties shall promptly meet and confer in good faith to attempt to reach a mutual agreement regarding allocation ofsuch repayment amount among the Parties. In the event a mutual agreement regarding allocation ofsuch repayment among the Parties is not reached prior to the date such Grant funds and /or interest must be repaid to the grantee and Irvine and/or IRWD makes such repayment, each Funding Party shall reimburse Irvine and /or IRWD for such repayment in proportion to its Flow -based percentage set forth in Exhibit B subject to the right to seek reimbursement from another Party or Parties in accordance with the terms of this Agreement including without limitation Sections 8 and 17 pertaining to indemnification and dispute resolution, respectively." Section 5. Revision to IRWD Indemnification Obligation. Section 8.2 of the Original Agreement is hereby amended to add the following sentence at the end of the paragraph: . "IRWD further agrees to indemnify, defend and hold harmless each of the Funding Parties for any liability arising out of Irvine's implementation and administration of the Grant Funding Contracts described in Recital E, where the liability, or potential liability, results from IRWD's or its agents' negligence or misconduct, or IRWD's failure to operate, maintain, design, or construct the Project in accordance with the requirements of the Grant Funding Contracts, unless such failure is due to a Force Majeure Event, as that term is defined in Section 1.4.3." Section 6. Revised Exhibits. The table set forth in Exhibit 1 (Exhibit B -2) attached hereto and incorporated herein by reference will replace the table attached as Exhibit B to the Agreement. Any reference to Exhibit B in the Agreement is deemed to be a reference to the revised Exhibit B -2. The revised "Project Schedule" set forth in Exhibit 2 (Exhibit D -2) attached hereto and incorporated herein by reference will replace the table attached as Exhibit D to the Agreement. Any reference to Exhibit D in the Agreement is deemed to be a reference to the revised Exhibit D -2. Section 7. Intent of Amendment. Except as otherwise expressly provided herein, this Amendment is not intended to affect any Party's rights or obligations under the Agreement, including, but not limited to, the Parties' respective termination rights under Section 18 of the Agreement. To the extent not otherwise expressly modified by this Amendment, the terms and conditions of the Agreement shall remain in full force and effect. Section 8. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date hereinabove written. APPROVED AS TO FORM: RUTAN & TUCKER, LLP Todd O. Litfin, City Attorney IRVINE RANCH WATER DISTRICT, a body corporate and politic By:_ Name: CITY OF IRVINE, a charter city By: Name: Title: CITY OF TUSTIN, a California municipal corporation By: Name: Title: ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic By: Name: Title: COUNTY OF ORANGE, a political subdivision of the state of California By: Nai 7 CALIFORNIA. DEPARTMENT OF TRANSPORTATION, an agency of the State of California By: Name: Title: CERTIFIED AS TO FUNDS FOR THE CALIFORNIA DEPARTMENT OF TRANSPORTATION: By: Neda Saber Ansari District Budget Manager Exhibit I to Amendment No. 2 EXHIBIT B -2 Estimated Project Cost, Project Capital Cost Contribution, IRWD O &M Contribution, Flow -based Percentages, and Installment Payments 'Taken from the Feasibility Study. 'Project Capital Cost Contributions are not -to- exceed amounts. 3 The IRWD O &M Contribution is the estimated present value of $60,000 /year escalated annually using a 2.5% inflation rate and a 4% discount rate. The actual IRWD O &M Contribution shall be calculated annually pursuant to Section 1.5 of this Agreement. The actual amount of IRWD's O &M Contribution calculated under Section 1.5 of the Agreement may be different than this estimate. IRWD's O &M Contribution does not include IRWD's Supplemental Contribution, defined in Section I.S. 4 Caltrans share of the O &M Costs for the budget year shall at no instance exceed $12,000 without an amendment to this Agreement. 5 Caltrans, Irvine, Tustin, OCFCD and IRWD are all partners in the OWOW Grant. 6 Irvine, Tustin, OCFCD and IRWD are partners in the OCTA Grant. Caltrans is not eligible to benefit from the OCTA Grant. Estimated Estimated Project Capital First Second Project Cost IRWD O &M Flow -based Total Project Installment Supplemental Installment Pa /Grant Source Cost' Contribution' Contribution Percentage Contribution Payment Installment Payment $ 3.421.335 $ 3421,335 $3,421.335 Caltrans '1'1 229,726 $ - o 4 29 /e 2 7O1 Rl6 �o $ - $ 2-,- o']06 - $ 2.283, 670 $ 1.283.670 $ 1,604,79 County/OCFCD 943,222 $ - 32% 9-73; 2 $ 446,068 $ 232,812 294,342 $ 1.906.597 $ 1.906 597 $ 1.339, 999 City of Irvine 81 -2,526 $ - 26% 8+2 26 $ 372,414 $ 194,184 245;928 $ 929.293 $ 929,29 $ 652,771 City of Tustin 396,033 $ - 13% a%-,03 -3 $ 181,518 $ 95,004 449,514 Irvine Ranch Water District $ - $ 1,008,627 0 $ 1,008,627 n/a n/a n/a Proposition 84 Grant' $ 1,000,000 n/a n/a $ 1,000,000 $ - $ - $1,000,000 Orange County Transportation Agency Gran t6 $ 3,273,105 n/a n/a $ 3,273,105 $ - $ - $3,273,105 $11,814,000 $ 12,814.000 $ 13.822.627 $11,292,000 Total 81678,64-6 9,478,61+ $1,008,627 100 968744 $1,000,000 $ 522,000 ',t°o-.,�" 'Taken from the Feasibility Study. 'Project Capital Cost Contributions are not -to- exceed amounts. 3 The IRWD O &M Contribution is the estimated present value of $60,000 /year escalated annually using a 2.5% inflation rate and a 4% discount rate. The actual IRWD O &M Contribution shall be calculated annually pursuant to Section 1.5 of this Agreement. The actual amount of IRWD's O &M Contribution calculated under Section 1.5 of the Agreement may be different than this estimate. IRWD's O &M Contribution does not include IRWD's Supplemental Contribution, defined in Section I.S. 4 Caltrans share of the O &M Costs for the budget year shall at no instance exceed $12,000 without an amendment to this Agreement. 5 Caltrans, Irvine, Tustin, OCFCD and IRWD are all partners in the OWOW Grant. 6 Irvine, Tustin, OCFCD and IRWD are partners in the OCTA Grant. Caltrans is not eligible to benefit from the OCTA Grant. Exhibit 2 to Amendment No. 2 EXHIBIT D -2 Anticipated Schedule for Project Work Task Date Award of Project Design Contract January 2014 Phase 1 - Completion of design January 2015 Phase 1— Advertise Project February 2015 Phase 1— Approval of CEQA and Award Construction Contract June 2015 Phase I — Complete Design of Environmental Compliance Mitigation July 2015 identified in the approved CEQA documents for the Project excluding the supplemental water 5upply to the San Joaquin Marsh Phase 2 - Construction of Project July 2015- November 2016 Operations and Maintenance December 2016 -June 2036 Peters Canyon Channel Water Capture and Reuse Pipeline Project Number 21163 (4985) Total Project Costs for Phase 1 and Phase 2 March 20 2015 PHASE 1 Design Support Costs _ Total amount per Agreement Amendment 11 Total Cost $ 1,302,311 Total Design Costs $ 1,302,311 PHASE 2 Construction Management and Inspection Costs _ IRWD Construction Management 2 $ Total Cost $ 293,000 IRWD Inspection z $ 145,000 Engineering Support (Tetra Tech) $ 222,250 Total Construction Management and Inspection Costs $ 660,250 Construction Support Costs _ _ Geotechnical Support (NMG) $ Total Cost $ 128,326 Surveying Support (Hunsaker) $ 115,160 Pavement Inspection and Testing (Labelle-Marvin) $ 20,658 Environmental Support (ESA) $ 53,550 Total Construction Support Costs $ 317,694 Other Costs SCE Primary Metering Labor and Material Fees $ i 72,000 Miscellaneous Permit Fees During Construction $ 30,000 SJM Mitigation (Construction, Construction Management, Inspection, Environmental Support) I $ 635,000 Total Other Costs $ 737,000 Construction Costs - - Total Cost E.J. Meyer Company, Inc. - — _ _ _ - -- •- - - -- -- $ - 7,877,777 Total Construction Costsl $ 7,877,777 Construction, Management, Inspection, Support, and Other Costsl $ 9,592,721 20% Contingency on Construction, Management, Inspection, Support, and Other Costs $ 1,918,544 Total Phase 2 Cost I $ 11,511,265 PHASE 1 AND 2 Total Project Cost 1 $ 12,813,576 1 Design costs include 20% contingency. 2 78.6% G&A charges included.