Amador Regional Sanitation Authority
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1 Servicing Amador City, Martell, & Sutter Creek A G E N D A December 7, :00 A.M. Special Meeting AMADOR COUNTY BOARD OF SUPERVISORS CHAMBERS 810 COURT STREET, JACKSON 1. CALL TO ORDER AND ESTABLISH A QUORUM 10:00 AM 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PUBLIC FORUM Discussion items only, no action to be taken. Any person may address the Board at this time upon any subject within the jurisdiction of the ; however, any matter that requires action may be referred to staff and/or Committee for a report and recommendation for possible action at a subsequent Board meeting. Please note there is a five (5) minute limit per topic. 4. * 5. * * * 6. * * INFORMATION/CORRESPONDENCE For Information Only. A October Monthly Monitoring Report CONSENT AGENDA Items listed on the consent agenda are considered routine and may be enacted in one motion. Any item may be removed for discussion at the request of the Board or the Public. A. Approval of Minutes of October 26, 2016 B. Warrants November/December C. October Financial Statements GENERAL MANAGER S REPORT- Items for information and discussion A. Regional Study GM will provide oral update B. Henderson Dam and Valve Repair Update GM will provide oral update C. Planning Grant Application- Adopt Resolution * Approving the State Water Resources Control Board Planning Grant Agreement D ; Project Number C for planning the improvements to the upper ARSA wastewater discharge system and authorizing the General Manager to sign and submit the agreement. D. System Status Report Staff will provide a status update 7. ADMINISTRATIVE MATTERS-None 8. ADJOURNMENT * Attachments The next scheduled meeting is WEDNESDAY, January 25, 2016, 10:00 A.M at SUTTER CREEK COMMUNITY BUILDING 33 CHURCH STREET, SUTTER CREEK Proceedings of the Meeting will be tape recorded. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (209) Notification 48 hours prior to the meeting will allow for reasonable arrangements to be made.
2 Amsdor Regional S anitotion Authority "servicing Amador City, Martell, & Sutter Creek" MOMTORING REPORT SUBMITTAL TRANSMITTAL FORM Attn: Kenny Croyle (916) Central Valley Regional Water Quality Control Board Sun Center Drive, #200 Rancho Cordova, CA Discharger: Amador Regionai Sanitation Authority Name of Facility: Amador County Regional Outfall WDRs OrderNumber: R WDID: County: Amador I am hereby submifiing to the Central Valley Water Boardthe following information: CHECK ALL THAT APPLY: Monthly Monitoring Report for the month of: October 2016 ft I 2nd 1 3ra 1 4th (circle one) Quarterly Monitoring Report for the year of: 1st 1 2nd (circle one) Semi-annual Monitoring Report for the year of: Anrural Monitoring Report for the year of: \TIOLATION NOTIFICATION During the monitoring period, there *"r" ("1. i*ot)circle one) any violations of the WDRs. \ /' 1. Theviolationswere: None 2. Have the violations been corrected? Yes / No (circle one). If no, what will be done to correct the violations: CERTTFICATION STATEMENT,,1 certify under penatty of law that I have personally examined and amfamiliar with the information submitted in this document and all uttaehfirents and that, hased on ny inquiry of those individuals immediately responsiblefor obtaining the information, f befieve that the informatinn is true, eccurate, and complete. I am aware that there are signijieant penaltiesfor submittingfalse information, including the possibility ofjine and imprisonment." Signature: 009\ Steven Stone, Operator Phone Date cc: Karl Drexel ARSA Manager ( ) Gary Ghio, ARSA Engineer ( ) Grant Re-vnolds, Sanitary Engineer ( ) Amy Gedney', CofSC City Manager (emaii) City of Ione, ( ) B.Moroz. PERC Water ( ) File 18 Main Street I Sutter Creeh CA i TELEPHONE [209) r FAX (2A9)
3 Henderson Reservoir Month: Oct-16 Operator: Steven Stone Sutter Creek Treatment Plant Effluent Total Gallons Per Day Sutter Creek Diversion Gallons Per Day Free Board # of Feet Down from top of Spillway OUT FLOW GALLONS PER DAY Dissolved Oxygen MG/L (weekly) P.H. (monthly) Total Coliform MG/L Total Dissolved Solids MG/L Total Arsenic MG/L Bowers Irrigation Hoskins Irrigation Date 1 290,000 OFF 25 ' 7 " 37,860 off off ABC-OK ABC-OK 2 287,000 OFF 25 ' 5 " 33,300 off off ABC-OK ABC-OK 3 294,000 OFF 25 ' 3 " 36,610 off off ABC-OK ABC-OK 4 318,000 OFF 25 ' 2 " 40,100 off off ABC-OK ABC-OK 5 284,000 OFF 25 ' 1 " 34,590 on off ABC-OK ABC-OK 6 288,000 OFF 25 ' 0 " 46, on off ABC-OK ABC-OK 7 289,000 OFF 25 ' 0 " 40,000 on off ABC-OK ABC-OK 8 266,000 OFF 24 ' 11 " 34,490 on off ABC-OK ABC-OK 9 255,000 OFF 24 ' 11 " 41,090 on off ABC-OK ABC-OK ,000 OFF 24 ' 11 " 38,960 on off ABC-OK ABC-OK ,000 OFF 24 ' 10 " 45,440 on off ABC-OK ABC-OK ,000 OFF 24 ' 10 " 33,390 on off ABC-OK ABC-OK ,000 OFF 24 ' 10 " 43, on off ABC-OK ABC-OK ,000 OFF 24 ' 8 " 350, MPN/100ML 400MG/L.044MG/L off off ABC-OK ABC-OK ,000 OFF 24 ' 7 " 348,920 off off ABC-OK ABC-OK ,000 OFF 24 ' 8 " 363,310 off off ABC-OK ABC-OK ,000 OFF 24 ' 7 " 425,270 off off ABC-OK ABC-OK ,000 OFF 24 ' 6 " 320,050 off off ABC-OK ABC-OK ,000 OFF 24 ' 5 " 324,670 off off ABC-OK ABC-OK ,000 OFF 24 ' 4 " 315, off off ABC-OK ABC-OK ,000 OFF 24 ' 3 " 329,000 off off ABC-OK ABC-OK ,000 OFF 24 ' 2 " 318,990 \ off off ABC-OK ABC-OK ,000 OFF 24 ' 1 " 335,910 off off ABC-OK ABC-OK ,000 OFF 24 ' 0 " 272,760 off off ABC-OK ABC-OK ,000 OFF 23 ' 11 " 327,320 off off ABC-OK ABC-OK ,000 OFF 23 ' 9 " 325,130 off off ABC-OK ABC-OK ,000 OFF 23 ' 7 " 261, off off ABC-OK ABC-OK ,000 OFF 23 ' 6 " 188,770 off off ABC-OK ABC-OK ,000 OFF 23 ' 5 " 193,380 off off ABC-OK ABC-OK ,000 OFF 23 ' 4 " 216,170 off off ABC-OK ABC-OK ,000 OFF 23 ' 2 " 194,250 off off ABC-OK ABC-OK Totals 11,013,000 5,916,070 Comments: 190, AVG/Day Annual ROV Inspection was done at Henderson Outlet on October 13th. The CIMIS report was incorrect for the month of October. Water Trough Sections A,B,C Dist Sys Sections A,B,C
4 Preston Forebay Month Oct-16 Operator: Steven Stone Page 1 of 1 Free Board Ft Dn Est. Flow Gallons Per Minute Out Est. Flow Gallons Per Day Out D.O. MG/L Date P.H ' 7 " 25 36, ' 7 " 25 36, ' 7 " 25 36, ' 7 " 25 36, ' 7 " 25 36, ' 7 " 25 36, ' 7 " 25 36, ' 6 " 25 36, ' 6 " 25 36, ' 6 " 25 36, ' 6 " 25 36, ' 6 " 25 36, ' 5 " 25 36, ' 5 " , ' 4 " , ' 4 " , ' 3 " , ' 2 " , ' 1 " , ' 1 " , ' 1 " , ' 1 " , ' 1 " , ' 0 " , ' 0 " , ' 11 " , ' 11 " , ' 11 " , ' 0 " , ' 0 " , ' 0 " ,000 TOTALS 5,760,000 Comments: AVG / DAY 184, Distrib. System OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK
5 Preston Reservoir Month Oct-16 Operator: Steven Stone Page 1 of 1 Free Board Ft Dn D.O. MG/L weekly P.H. monthly Distrib. System Preston School of Industry Backwash Gals In Mule Cr. Prison In Flow Gals Flow Out to Ione Tertiary Gallons Per Day Date 1 13 ' 9 " OK 293,000 1,089, ' 5 " OK 302,000 1,079, ' 10 " OK 5, ,000 1,050, ' 3 " OK 329,000 1,050, ' 8 " OK 335,000 1,050, ' 1 " 5.70 OK 325,000 1,050, ' 1 " OK 339,000 OFF 8 16 ' 0 " OK 31,000 OFF 9 16 ' 0 " OK 281,000 OFF ' 0 " OK 5, ,000 OFF ' 0 " OK 363,000 OFF ' 11 " OK 361,000 OFF ' 11 " OK 339,000 OFF ' 11 " OK OFF OFF ' 11 " OK OFF OFF ' 11 " OK OFF OFF ' 11 " OK 5,000 OFF OFF ' 10 " OK OFF OFF ' 10 " OK OFF OFF ' 9 " 5.80 OK OFF OFF ' 9 " OK OFF OFF ' 8 " OK OFF OFF ' 8 " OK OFF OFF ' 8 " OK 5,000 OFF OFF ' 7 " OK OFF OFF ' 7 " OK OFF OFF " 5.90 OK OFF OFF ' 6 " OK OFF OFF ' 6 " OK OFF OFF ' 5 " OK OFF OFF ' 4 " OK 5,000 OFF OFF TOTAL 25,000 3,993,000 6,368,000 Comments:
6 Month Oct-16 ARSA / BOWERS Operator: Steven Stone IRRIGATION Page 1 of 1 Date Sections A Thru E Odor Acres Hours Irrigated Average Total Gallons per Day 1 off NONE 0 2 off NONE 0 3 off NONE 0 4 off NONE 0 5 A NONE 24 6 A NONE 24 7 A NONE 24 8 B NONE 24 9 B NONE B NONE B NONE B NONE B NONE off NONE 0 15 off NONE 0 16 off NONE 0 17 off NONE 0 18 off NONE 0 19 off NONE 0 20 off NONE 0 21 off NONE 0 22 off NONE 0 23 off NONE 0 24 off NONE 0 25 off NONE 0 26 off NONE 0 27 off NONE 0 28 off NONE 0 29 off NONE 0 30 off NONE 0 31 off NONE 0 Comments: , , , , , , , , , Total Gallons Used: 2,483,000
7 October-16 Operator: Steven Stone ARSA Hoskins Irragation Page 1 of 1 Date Gravity Section 1-16 Pressure Section 1-13 Odor Run Off Acres Avg. Total Gallons per Day (est) 1 off off none none 0 2 off off none none 0 3 off off none none 0 4 off off none none 0 5 off off none none 0 6 off off none none 0 7 off off none none 0 8 off off none none 0 9 off off none none 0 10 off off none none 0 11 off off none none 0 12 off off none none 0 13 off off none none 0 14 off off none none 0 15 off off none none 0 16 off off none none 0 17 off off none none 0 18 off off none none 0 19 off off none none 0 20 off off none none 0 21 off off none none 0 22 off off none none 0 23 off off none none 0 24 off off none none 0 25 off off none none 0 26 off off none none 0 27 off off none none 0 28 off off none none 0 29 off off none none 0 30 off off none none 0 31 off off none none 0 Comments: Total Gallons Used: -
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9 Item 5A Servicing Amador City, Martell, & Sutter Creek MINUTES OF THE BOARD OF DIRECTORS MEETING October 26, 2016 Present: Robin Peters, Chairman Richard Forster, Board Member Jim Swift, Board Member Absent: Louis Boitano, Vice Chairman John Swift, Board Member Staff Present: Karl Drexel, General Manager Karen Darrow, Secretary 1. CALL TO ORDER AND ESTABLISH A QUORUM Meeting called to order by Chairman Peters at 10:05 A.M. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Chairman Peters led the Pledge of Allegiance. 3. PUBLIC COMMENT None. 4. INFORMATION/CORRESPONDENCE A September Monthly Monitoring Report So Noted. 5. CONSENT AGENDA Items listed on the consent agenda are considered routine and may be enacted in one motion. Any item may be removed for discussion at the request of the Board or the Public. A. Approval of Minutes of August 24, 2016 B. Warrants September C. August Financial Statements M/S Jim Swift/Forster to approve the Consent Agenda, as presented. AYES: Forster, Jim Swift and Peters NOES: None ABSTAIN: None ABSENT: Boitano, John Swift MOTION CARRIED 6. GENERAL MANAGER S REPORT A. Regional Study Authorize the General Manager to engage Hydro Science in an alternative study to update the Wastewater Master Plan. General Manager Drexel noted that ARSA Attorney Harriet Steiner responded to Ione s letter. He also distributed an from Hydro Science quoting the cost for the study to update the Waste Water Master Plan at approximately $60, General Manager Drexel noted that the quote was much higher than expected. 1
10 Chairman Peters suggested that there might be a disconnect in the scope of work and recommended staff meet with Hydro Science for clarification. Board member Forster noted that The City of Sutter Creek should be a part of the meeting with Hydro Science. The Board appointed Chairman Peters, Board member Forster, General manager Drexel, ARSA Engineer Ghio and Sutter Creek City Manager Gedney to meet with Hydro Science to provide direction. Mike Kirkley of Sutter Creek asked if the implementation plan was already paid for. General Manager Drexel confirmed that it was. B. Notice of Violation For information only. ARSA Engineer Ghio noted that the since the slide gate is now working and has reduced the likelihood of a problem. Chairman Peters requested that staff provide a recommendation on what to do with the next section of pipe at the next meeting. Mike Kirkley asked if the uncertainty that the line will need to be maintained in the future causing the reluctance to pay to replace the section of pipe. C. Henderson Dam and Valve Repair Update For information only. So Noted. D. Planning Grant Application Staff will provide a status update. General Manager Drexel noted that there was nothing new to add and when a response is received it will be reviewed by ARSA Attorney Steiner. E. System Status Report Staff will provide a status update. General manager Drexel noted that Ione gave notice that they have met their contractual obligation and will no longer be taking water. 7. ADMINISTRATIVE MATTERS A. Future Meetings December 7, 2016 Board of Supervisors Chambers 10:00 A.M. 8. ADJOURNMENT The meeting was adjourned at 10:40 A.M. Karen Darrow, Secretary Robin Peters, Chairman Date Approved: 2
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13 (ARSA) Budget vs. Actual July through October 2016 Budget Jul - Oct 16 % of Budget Projected YE Ordinary Income/Expense Income Grant 37, % 37, Interest Income % Revenue Amador City 13, , % 13, Amador Water Agency 89, , % 89, City of Sutter Creek 393, , % 393, Total Revenue 496, , % 496, Total Income 533, , % 534, Expense Operations Audit & Accounting 8, % 8, Communications % Contingency 5, % 5, Contract with COSC Management (payroll) Audit and Accounting 1, % 1, Budget Development 5, % 5, CIP Development and Mgmt 9, % 8, General Management 24, , % 24, Planning and Grant Writing 9, , % 8, Total Management (payroll) 50, , % 48, O & M Salaries 142, , % 142, Overtime 5, , % 5, Total Contract with COSC 197, , % 196, Disposals Fee 67, , % 67, Engineering 25, , % 23, Fuel 4, , % 4, General Supplies % Membership Dues 1, % 1, O&M Building/Structures 5, , % 5, O&M Equipment 17, , % 17, Professional Services Per Diem 7, % 4, Professional Services - Other 5, % 5, Total Professional Services 12, , % 9, Regional Study 1, , Repairs & Maintenance 10, , % 10, Small Equipment 1, % 1, Special Legal 15, , % 15, Taxes/Fees/Licenses 35, % 35, Travel/Conference/Training 1, % 1, Vehicle Maintenance 3, % 3, Weed Control 1, % 1, Total Operations 411, , % 406, Other Expense Capital - ARSA Dam 85, % 85, Total Other Expense 85, % 85, Income less Total Expenses 37, , % 42, Page 1 of 1
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17 Item 6C Servicing Amador City, Martell, & Sutter Creek TO: ARSA BOARD OF DIRECTORS MEETING DATE: DECEMBER 7, 2016 FROM: SUBJECT: KARL DREXEL, GENERAL MANAGER UPPER ARSA SYSTEM IMPROVEMENT PROJECT PLANNING GRANT RECOMMENDATION: Adopt Resolution * Approving the State Water Resources Control Board Planning Grant Agreement D ; Project Number C for planning the improvements to the upper ARSA wastewater discharge system and authorizing the General Manager to sign and submit the agreement. BACKGROUND: At the February 17, 2016 Board meeting, the Board passed Resolution authorizing the General Manager to be the authorized representative of ARSA in executing agreements with the State Water Resources Control Board specifically Planning and Construction grants for the Upper ARSA System Improvement Project. Staff submitted an overview of what the Planning Grant may cover and what a Construction Project may entail, including the Henderson Dam under drain and sludge removal project in conjunction with a larger water recycling and agricultural grant for upgrades to Henderson, testing pond solids, upgrades to existing irrigation systems, additional irrigation sources, system automation, potential storage sites, SCADA and solar systems. I have studied the Master Plan of 2012 and the Regional Plan of 2015 and have developed a Plan of Study as a starting point for the Board to develop an overall project. The application, supporting documents, and work plan were submitted to the SWRCB Division of Financial Assistance, and I am happy to say, the Planning Grant Application has been approved for $425,000. DISCUSSION: To accept this grant and move forward, staff is recommending that the Board adopt a resolution authorizing the General Manger to sign the Financial Agreement. Attached is the general study plan and Financial Agreement. 18 Main Street Sutter Creek, CA T (209) F (707) CELL (707)
18 Attachment 1a Plan of Study OVERVIEW: Plan of Study 1. CEQA Environmental Review 2. Engineers Report 3. Memorandums of Understanding for irrigation and storage sites a. Bowers b. Oneto c. Hoskins d. Finley f. Kraft 4. Upper ARSA System Improvements a. Replace line from Sutter Creek to Hoskins b. Extend line to Oneto, Finley, Kraft c. Electricity to all irrigation sites d. Solar systems to offset electric costs e. New pumps at each site f. New irrigation guns g. New storage facilities (less than 50-acre feet each) h. SCADA system to automate irrigation, storage and alarms i. Plans and specifications for Henderson Under Drain j. Reservoir Rehabilitation for additional storage k. Solar Bee aerators at Henderson Budget 1. CEQA Environmental Review and Report $ 130, Alternative Evaluation and Conceptual Design 40, Engineers Project Report 40, Site Prioritization and ranking 30, MOUs for Irrigation and storage 30, Legal Expenses 30, Plans and Specifications for Henderson 45, RFPs for Cost Extension 25, Administration 40, Construction Funding Application 15,000 $ 425,000 * The ARSA System service area has been designated as Disadvantaged Community and is requesting a waiver from the 50% local cost share requirement. Project Schedule See Attachment 1b
19 PROJECT SUMMARY: The (ARSA) was formed under a Joint Powers Agreement (JPA) in 1978 between the City of Sutter Creek, the City of Jackson, the city of Amador City and the Amador County area of Martell to dispose/recycle the secondary effluent produced by the entities and treated at the Sutter Creek Wastewater Treatment Plant (SCWWTP), which is owned and operated by the City of Sutter Creek (City). (See Attachment 5a) ARSA service area is a Disadvantaged Community and Severely Disadvantaged Community as well as an Economically Distressed Area as defined by the SWRCB. (See Attachment 4b) The ARSA system is a series of pipelines, storage reservoirs, stock troughs, and land application sites in Amador County, southwest of the SCWWTP. The storage reservoirs, Henderson Dam, Preston Forebay and Preston Reservoir, are owned by the California Department of Corrections and Rehabilitation (CDCR) and leased to ARSA on long term leases. (See Attachment 5b) A Master Plan for the Sewer System and Upper ARSA Disposal and Recycling System was initiated in 2012 and revealed several issues needing to be addressed in order to meet the stringent requirements of our long term WDR requirements and storage requirements for a 100 year event. (See Attachment 5c) This Upper ARSA System Improvement and Recycling Project is the first phase of the recomended improvements of that Master Plan and the Regional Feasibility Study developed in conjunction with the City of Ione and the California Department of Corrections and Rehabilitation. (See Attachment 5d) The latter two agencies are working on the Lower ARSA Disposal and Recycling System. This Project will address long term storage requirements, additional recycling locations, improvements in safety and environmental security, and the replacement of the Henderson Reservoir outfall pipeline as mandated by the Department of Water Resources Division of Safety of Dams. (See Attachments 5e) The Planning grant would provide the first stages of implementing the required documentation in order to move forward toward a construction funding application with the Upper ARSA System Improvements, including, but not limited to a CEQA Environmental Review for additional storage and irrigation sites, a comparative alternative analysis, an Engineer s report covering the upgrades to the existing system as well as new improvements, preliminary design and conceptual plan, legal agreements for irrigation and storage sites, plans for DSOD repairs and development of new WDR. This project also addresses the critical need for groundwater recharge, which as an adjacent area of the Eastern edge of the San Joaquin Valley Basin and the Cosumnes Subbasin as defined by Bulletin 118 by the Department of Water Resources as one of the Critically Overdrafted Basins in the State of California, is a proactive approach to avert any future expansion of this Overdrafted Basin. (See Attachment 5f) Task 1 The proposed project includes upgrade and expansion of the ARSA recycling and reuse of treated wastewater to meet the 100 year event storage and disposal as required by the Regional Water Quality Control Board. The recycling and reuse will also serve to recharge a depleted groundwater basin and reduce or eliminate the use of clean water for agricultural purposes on several new land sites. The project will include contacting several predetermined willing landowners along the approximately 7 miles of disposal pipeline from Sutter Creek to Preston Reservoir to establish Memorandums of Understanding for the irrigation of agricultural lands and winter time storage of treated effluent. This will necessitate replacing 20 ductile Iron and AC pipeline with equivalent HDPE pipeline with flow meters, shut off valves, cleanouts and manholes, electrical service, solar system, SCADA controls and
20 alarms and monitoring data. The irrigation and storage pumps will also necessitate larger irrigation guns for broader coverage and higher disposal volumes in the dry months. Planning Grant will help develop CEQA Environmental Review and Report where necessary and Categorical and Statutory Exemptions where available. It will also provide for developing agreements for long term irrigation and storage on agricultural lands. Task 2 This project will also rehabilitate the main storage reservoir as required by the California Division of Safety of Dams (DSOD) under the Department of Water Resources. This rehabilitation will mean draining the reservoir of all effluent and accumulated solids for onsite or offsite disposal. Along with dredging and grading the existing reservoir, this project will also replace the aged and deteriorating outlet pipe and valves in accordance to DSOD requirements and specifications. (See Attachment 5e, 5g and 5h) Planning Grant will help develop plans and specifications for under drain replacement and Engineers Report for project. Also testing, monitoring and planning for effluent and pond solids disposal. Task 3 This project will automate the entire system with a state of the art Supervisory Control and Data Acquisition System to reduce operating costs, manage flows and be able to respond to emergency alarms remotely. Planning Grant allows for specification and conceptual design of a SCADA System. Recycled water use can help to reduce local water scarcity. It is not the only option for bringing supply and demand into a better balance, but it is a viable cost effective solution that is appropriate in many cases. The feasibility of recycled water use depends on local circumstances, which affect the balance of costs and benefits. In drought conditions, recycled water can be particularly valuable, given the scarcity of alternative supplies. In normal precipitation years recycled water use may reduce groundwater extraction. State water resources control board order WQ dwq general waste discharge requirements for recycled water use Water recycling is an essential part of an overall program to manage local and regional water resources. Many local governing bodies have adopted resolutions establishing their intent to proceed with planning, permitting, and implementation of recycled water projects. These projects will provide water supply and municipal wastewater disposal benefits for communities, and will provide water supply benefits to agriculture. Ibid
21 November 15, 2016 Karl Drexel General Manager 18 Main Street Sutter Creek, CA AMADOR REGIONAL SANITATION AUTHORITY, AGREEMENT NUMBER: D ; PROJECT NUMBER: C Dear Mr. Drexel, Enclosed is your Planning Grant Agreement for your approval and signature. This Agreement cannot be considered binding by either party until approved by the State Water Resources Control Board. The State is not obligated to make any payments for services performed prior to final approval of any Agreement. If the Authority is in agreement with all terms and conditions of the Agreement, please sign and date two (2) signature pages, In addition, please provide the executed General Counsel Legal Opinion letter, which must be dated on or after the Authority executes the Agreement and return the signature pages and letter to: US Mail Overnight Mail Ms. Amor Moskaira Ms. Amor Moskaira State Water Resources Control Board State Water Resources Control Board Division of Financial Assistance Division of Financial Assistance P.O. Box I Street, 16 th Floor Sacramento, CA Sacramento, CA Expeditious handling of this Agreement is appreciated. Please contact Ms. Moskaira at (916) or Amor.Moskaira@waterboards.ca.gov. Once final approval is obtained, we will forward you an executed copy for your records. Enclosure
22 PROPOSITION 1 SMALL COMMUNITY WASTEWATER AMADOR REGIONAL SANITATION AUTHORITY AND CALIFORNIA STATE WATER RESOURCES CONTROL BOARD PLANNING GRANT UPPER AMADOR REGIONAL SANITATION AUTHORITY SEWER IMPROVEMENT AND RECYCLING PROJECT PROJECT NO. C AGREEMENT NO. D AMOUNT: $425,000 ELIGIBLE START DATE: FEBRUARY 15, 2016 WORK COMPLETION DATE: FEBRUARY 28, 2018 FINAL DISBURSEMENT REQUEST DATE: FEBRUARY 28, 2018 RECORDS RETENTION END DATE: FEBRUARY 28, 2054
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24 TABLE OF CONTENTS 1. Definitions Party Contacts Exhibits and Appendices Incorporated Recipient Representations and Commitments Planning Completion Notice No Obligation of the State; State Budget Act Contingency Rates, Fees and Charges....6 EXHIBIT A SCOPE OF WORK... 1 A-1. Completion Dates A-2. Purpose A-3. Scope of Work A-4. Disclosure A-5. Reporting A-6. Planning Schedule... 3 EXHIBIT B FUNDING PROVISIONS... 1 B-1. Planning Funding B-2. Estimated Reasonable Planning Cost B-3. Funding Dates B-5. Funding Conditions and Exclusions B-6. Budget Summary... 2 B-7. Budget Flexibility B-8. Amounts Payable by the Recipient B-9. Disbursement of Planning Funds; Availability of Planning Funds B-10. Withholding of Disbursements and Material Violations B-11. Remaining Balance i
25 B-12. Fraud and Misuse of Public Funds EXHIBIT C STANDARD TERMS AND CONDITIONS... 1 C-1. Accounting and Auditing Standards C-2. Amendment C-3. Assignability C-4. Audit C-5. [Reserved.]... 1 C-6. Claims C-7. Competitive Bidding... 1 C-8. Compliance with Law, Regulations, etc C-9. Conflict of Interest.. 2 C-10 Damages for Breach Affecting Tax-Exempt Status or Federal Compliance... 2 C-11. Disputes..2 C-12. Financial Management System and Standards C-13. Governing Law C-14. Income Restrictions.. 3 C-15. Indemnification and State Reviews C-16. Independent Actor.4 C-17. Integration C-18. Non-Discrimination Clause C-19. No Third Party Rights... 4 C-20. [Reserved.].4 C-21. Other Assistance C-22. Permits, Contracting, Disqualification C-23. Public Records C-24. Prevailing Wages..5 C-25. Professionals ii
26 C-26. Public Funding. 5 C-27. Recipient s Responsibility for Work C-28. Records. 6 C-29. Related Litigation C-30. Rights in Data... 7 C-31. State Cross-Cutter Compliance C-32. State Water Board Action; Costs and Attorney Fees C-33. Termination; Immediate Acceleration; Interest C-34. Timeliness.9 C-35. Unenforceable Provision C-36. Venue....9 C-37. Waiver and Rights of the State Water Board EXHIBIT D - SPECIAL CONDITIONS.1 EXHIBIT E - FEDERAL CONDITIONS & CROSS-CUTTERS...1 iii
27 WHEREAS, 1. The State Water Board is authorized to provide funding under this Agreement pursuant to the following: Proposition 1 Small Community Wastewater - Section of the Water Code (Prop 1) SCG Chapter 6.5 of Division 7 of the California Water Code (State Act) 2. The State Water Board determines eligibility for financial assistance, determines a reasonable schedule for providing financial assistance, establishes compliance with the State Act and Prop 1, and establishes the terms and conditions of a funding agreement. 3. The Recipient has applied to the State Water Board for funding for the Planning described in Exhibit A of this Agreement and the State Water Board has selected the application for funding. 4. The State Water Board proposes to assist in funding the costs of the Planning, and the Recipient desires to participate as a recipient of financial assistance from the State Water Board, upon the terms and conditions set forth in this Agreement, all pursuant to the the State Act and Prop 1; NOW, THEREFORE, in consideration of the premises, mutual representations, covenants and agreements in this Agreement, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows: 1. Definitions. Unless otherwise specified, each capitalized term used in this Agreement has the following meaning: "Agreement" means this Planning Grant, including all exhibits and attachments hereto. "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the authorizing resolution that designates the authorized representative by title. CWSRF means the Clean Water State Revolving Fund. Days means calendar days unless otherwise expressly indicated. Disbursement Period means the period during which Planning Funds may be disbursed. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer the SRF and Prop 1. Eligible Start Date means the date set forth in Exhibit B, establishing the date on or after which Planning Costs may be incurred and eligible for reimbursement hereunder. Final Disbursement Request Date means the date established in Exhibit B, after which date, no further Planning Funds disbursements may be requested. Enterprise Fund means the enterprise fund of the Recipient in which Revenues are deposited. "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other annual period hereafter selected and designated by the Recipient as its Fiscal Year in accordance with applicable law. 1 p 20vii16
28 "Force Account" means the use of the Recipient's own employees or resources for the Planning. GAAP means generally accepted accounting principles, as issued by the Governmental Accounting Standards Board. Indirect Costs means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Planning (i.e., costs that are not directly related to the Planning). Material Event means any event that, as determined by the Division, might cause the State Water Board to violate the terms and conditions of its agreements with U.S. EPA or its bond covenants, including any of the following: (a) revenue shortfalls; (b) unscheduled draws on the Reserve fund, if any, or the Enterprise Fund; (c) substitution of insurers, or their failure to perform; (d) adverse findings by the Regional Water Quality Control Board; (e) litigation related to the Revenues, the System, or the Planning, whether pending or anticipated; (f) any false warranty or representation made by the Recipient relevant to this Agreement; (g) loss, theft, damage, or impairment to the Revenues or the System; (h) dissolution or cessation of operations by Recipient, termination of Recipient s existence, insolvency of Recipient, or filing of a voluntary or involuntary bankruptcy petition by or on behalf of Recipient; (i) any event set forth in section 6 of this Agreement. "Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year. "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. Party Contact means, for the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Project Manager. Planning means the Planning as described in Exhibit A and in the documents incorporated by reference. Planning Completion" means, as determined by the Division, that the Planning is complete to the reasonable satisfaction of the Division and is the last date on which Planning Costs may be incurred. Work occurring after Planning Completion is not eligible for reimbursement under this Agreement. "Planning Costs" means the incurred costs of the Recipient which are eligible under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Planning under GAAP. Planning Funds means funds disbursed by the State Water Board to the Recipient for purposes of this Agreement. "Policy" means the State Water Board's Policy for Implementing the Clean Water State Revolving Fund, as amended from time to time. Project Director means an employee of the Recipient designated by the Authorized Representative to be responsible for the overall management of the administrative and technical aspects of the executed Agreement. The Project Director is set forth in Section 2 of this Agreement. 2 p 20vii16
29 Project Manager means the person designated by the State Water Board to manage performance of the Agreement. The Project Manager is set forth in Section 2 of this agreement. Recipient means. Regional Water Quality Control Board or Regional Water Board means the appropriate Regional Water Quality Control Board. "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction. SRF means the Clean Water State Revolving Fund. State means State of California. State Water Board means the State Water Resources Control Board, an administrative and regulatory agency of the State of California. "System" means all wastewater collection, transport, treatment, storage, and disposal facilities, including land and easements thereof, owned by the Recipient, and all properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. Work Completion means the Recipient s submittal of all work set forth under Exhibit A for review and approval by the Division. The Division may require corrective work to be performed prior to Planning Completion. Work Completion Date means the date set forth in Exhibit A that is the last date on which all work or submittals in Exhibit A-5 must be achieved. Year means calendar year unless otherwise expressly indicated. 2. Party Contacts. The Party Contacts during the term of this Agreement are: State Water Board Recipient Section: Name: Joseph Quilatan, Project Manager Name: Karl Drexel, General Manager Address: 1001 I Street Address: 18 Main Street City, State, Zip: Sacramento, CA City, State, Zip: Sutter Creek, CA Phone: (916) Phone: (707) Joseph.Quilatan@waterboards.ca.gov kdrexel@cityofsuttercreek.org 3 p 20vii16
30 The Recipient may change its Project Director upon written notice to the Project Manager, which notice shall be accompanied by authorization from the Recipient s Authorized Representative. The State Water Board will notify the Project Director of any changes to its Party Contacts. 3. Exhibits and Appendices Incorporated. The following exhibits and appendices to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement: EXHIBIT A - SCOPE OF WORK EXHIBIT B - FUNDING PROVISIONS EXHIBIT C STANDARD TERMS AND CONDITIONS EXHIBIT D SPECIAL CONDITIONS EXHIBIT E FEDERAL TERMS AND CONDITIONS Additionally, the following documents are incorporated by reference: (a) The Recipient s Plan of Study dated August 29, Recipient Representations and Commitments. The Recipient represents, warrants, and commits to the following as of today and continuing hereafter for the term of the Agreement: (a) General Commitments. The Recipient accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application, accompanying documents, and communications filed in support of its request for financial assistance and throughout the term of this Agreement. (b) Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. (c) No Violations. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the first page hereof. (d) No Litigation. There are no pending or, to Recipient s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the financial condition or operations of the Recipient, the System, the Revenues, and/or the Planning. (e) Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. As of the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they become due. (f) Legal Status and Eligibility. Recipient is duly organized and existing and in good standing under the laws of the State of California, and will remain so during the term of this Agreement. Recipient shall at all times maintain its current legal existence and preserve and 4 p 20vii16
31 keep in full force and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under this Agreement for the term of this Agreement. (g) Good Standing. The Recipient is currently in compliance with the state requirements set forth in Exhibit C and the federal requirements set forth in Exhibit E. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with previous state audit disallowances. 5. Planning Completion. The Recipient shall expeditiously proceed with and complete the Planning in accordance with this Agreement. 6. Notice. (a) The Recipient shall notify the Division in writing within five (5) working days of the occurrence of the following: (1) Bankruptcy, insolvency, receivership or similar event of the Recipient; (2) Actions taken pursuant to state law in anticipation of filing for bankruptcy; (3) Other Material Events; (b) The Recipient shall notify the Division within 10 working days of the following: (1) Any litigation pending or threatened against Recipient regarding its wastewater capacity or its continued existence, circulation of a petition to challenge rates, consideration of dissolution, or disincorporation, or any other material threat to the Recipient s Revenues; (2) Adverse tax opinions, the issuance by the Internal Revenue Service or proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices of determinations with respect to the tax status of any tax-exempt bonds; (c) The Recipient shall notify the Division promptly of the following: (1) Any proposed change in scope of the Planning. Most changes will require an amendment to this Agreement; (2) Cessation of work on the Planning where such cessation of work is expected to or does extend for a period of thirty (30) days or more; (3) Any circumstance, combination of circumstances, or condition, which is expected to or does delay Work Completion; (4) Any monitoring activities such that the State Water Board Division of Drinking Water and/or Regional Water Quality Control Board staff may observe and document such activities; (5) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days notice to the Division; or (6) Work Completion, and Planning Completion. 5 p 20vii16
32 7. No Obligation of the State; State Budget Act Contingency. Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys appropriated by the State Legislature to the State Water Board from the special fund associated with this Agreement. If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Recipient or to furnish any other considerations under this Agreement and Recipient shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for payment over any other recipient. If this Agreement s funding for any Fiscal Year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to reflect the reduced amount. 8. Rates, Fees and Charges. The Recipient agrees, to the extent permitted by law, to fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be at least sufficient to yield during each Fiscal Year Net Revenues in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section. 6 p 20vii16
33 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. AMADOR REGIONAL SANITATION AUTHORITY: By: Name: Karl Drexel Title: General Manager Date: STATE WATER RESOURCES CONTROL BOARD: By: Name: Darrin Polhemus Title: Deputy Director Division of Financial Assistance Date: 7 p 20vii16
34 EXHIBIT A SCOPE OF WORK A-1.Completion Dates. The Work Completion Date is established as February 28, 2018.The Planning Completion date is established as February 28, The Recipient shall deliver any request for extension of the Work Completion date no less than 90 days prior to the Work Completion date. The Division will not unreasonably deny such a timely request, but the Division may deny requests received after this time. A-2. Purpose. This grant is for the benefit of the Recipient. The planning funded by this agreement is related to the possible construction/implementation project known as the Upper Sewer Improvement and Recycling Project. The Recipient s receipt of funding under this Agreement is not a commitment to and does not obligate the State Water Board to provide funding for any eventual construction/implementation project. A-3. Scope of Work. The Recipient agrees to do the following: 1. Plans and Specifications for Henderson Repair Plans and specifications for replacement of the dam underdrain per California Division of Safety of Dams (DSOD) requirements will be prepared to facilitate construction of the underdrain repair. The deteriorated discharge drain will be partially slip lined and partial replaced based on the approval of the DSOD. Stantec Engineering and the Recipient will be responsible for this submittal. 2. Alternative Evaluations/Conceptual Design/Preliminary Engineering Report An evaluation of the following options will be conducted for addressing the District s current deficiencies: a. Determine the best alternative sites for optimum irrigation volumes and cost by equipment and power sources. b. Determine the best alternative sites for optimum storage per area c. Determine the best alternative procedure for repairing Henderson Underdrain d. Determine the best alternative pipeline replacement, alarm and monitoring system, and cost benefit. 3. The conceptual Design and Project Report will be prepared in compliance with CWSRF Policy. Specifically this will meet the requirements of Section IX.A of the CWSRF Policy and will be sufficient to allow the District to process an application for CWSRF construction financing, if they so choose. The Project Report will summarize the alternatives analysis and further elaborate on the likely components of the Preferred Project identified in the Alternatives Evaluation Report. The Recipient will be responsible for this submittal. 4. Site Prioritization Numerous property owners have indicated an interest in and intent to use secondary treated wastewater for irrigation and storage on non-crop agricultural lands. Based upon property owner and system criteria, potential sprayfield locations would be prioritized by amount of potential disposal per cost, ease of construction and potential volume of winter storage. The Recipient will be responsible for this submittal. 5. Environmental Documentation (CEQA & NEPA, as needed) Environmental review for additional storage and irrigation sites ARSA will be responsible for this submittal. Environmental documents specific to the final Project will be prepared and will meet the general requirements of the California Environmental Quality Act (CEQA) with NEPA component per CWSRF requirements. Several technical studies will be conducted in order to obtain adequate baseline conditions from which to develop significance criteria and thresholds, and from which to implement an adequate impact analysis. These studies may include, but are not limited to the A-1
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