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HomeMy WebLinkAboutAddendum 3-18-1969tz k.A — � i S L +thee '� - �">} CONTRACT ADDENDUM FOR TOWN OF .LOS ALTOS HILLS' ALLOCATION AND PAYMENT OF CAPITAL EXPENSE !NCUR1a ED BY CITY OF PALO ALTO PAR.TICIPATION IN REGIONAL WATER QUALITY CONTROL PLANT W111EREAS, the Cities of Palo Alto, Mountain View and Los Altos have joined resources for the purpose of constructing a Regional Water {quality Control Plant, hereinafter called "Plant", said Plant to be owned and operated by City of Palo Alto. To complete this project the City of Palo A -3 -to will have invested from its Sewer utility Fund, net of Federal Grant, approximately $4,000,000, $3,500,000 being derived from proceeds of a general obligation bond issue and the remainder from a loan 'from the City of Palo Alto Capital I:rprovement Fund; and. WHEREAS, Plant will be used to process sewage effluent of the Town of Los Altos Hills in accord with a contract, Palo Alt -0 No. 2876, dated March 18, 1968, and anended from time to time; and WHEREAS, -said contract provides.for-the Town of Los Altos Hills to pay its proportionate.share of annual rcosts of opera- tion and maintenance, plus a proportionate share of the cost of capital additions or enlargements to Palo Alto's sewage system, hereinafter called "Joint System", which includes Plant; and WHEREAS, it is desirable that the Town of Los Altos Hills finance its share of the capital cost over a period of time to, among other reasons, more accurately reflect the long-term alloca- tion of costs; NOW, THEREFORE, it is agreed between the City of Palo Alto, a municipal corporation, hereinafter called "City", and the Town of Los Altos Hills, a municipal corporation of the State of - 1 - California, hereinafter called "Los Altos Rills"I that,City of ?alo Alto Contract No. 2876 between City and Los Altos Hills dated March 18, 1968, and from time to time anended, is amended to add the following sections: 1. CAPACITY OF PLANT; USE OF CAPACITY. The various units of the Joint System shall be designed and have a capacity to convey to the treatment plant and treat and dispose of the volume of sewage specified in Exhibit "A", attached hereto and made a part hereof Palo Alto Sanitary District, the Town of Los by reference. East Altos Hills and Stanford shall be entitled for the duration of this agreement to use the proportion of the capacity of said units of the Joint System as set forth in said Exhibit "A". No party hereto shall use the Joint System or any part thereof to a greater percentage of its capacity than is specified by said Exhibit "A" except with the approval and agreement of the other parties hereto in accordance with the terms and conditions hereinafter provided. 2. STUDY OF FUTURE NEEDS. Each party to this agreement agrees to make an engineering study to redefine future needs when the sewage flow from its respective service area reaches eighty percent (80%) of capacity rights set forth in said Exhibit "A". 3. ACQUISITION OF ADDITIONAL CAPACITY. In the event either party to this agreement may hereafter desire additional capacity in Plant or any unit thereof in excess of the proportionate capacity allocated under said Exhibit "A" and the said Plant or unit thereof is not then being used by the other party to the full percentage of the total capacity to which said other party is en- titled, the party desiring such additional capacity slay rent or such additional capacity rights. purchase from other party h. SHARING OF COSTS OF ACQUISITION AND CONSTRUCTION OF THE PLANT. The cost of preparation Of the predesign rePO -': fications, contract documents'and related materials, plans, speci and the cost of acquiring and constructing the Plant, including 2 - Ott ;- ............ the cost of land, easements and rights of way, engineering inspection and all incidental expenses, shall be borne and paid by Los Altos Hills in the same proportion as its allocation of capacity rights shown`in Exhibit '"A". 5. PAYMENT OF PROPOP'TIONP_TE SHARE- (a) HARE.(a) The portion of City investment derived from the General Obligation Bond Issue of 1969 ($3,500,000) will be re- covered in accord with schedule of maturing principal and interest payments shown in Exhibit "B" attached hereto and made a part hereof. Los Altos Hills agrees to pay its respective share of annual debt service costs in the same proportion as its allocation of capacity rights shown in Exhibit "A". (b) The portion of City investment derived from the City of Palo Alto Capital Improvement Fund.loan (approximately $5-00,000) will be recovered in accordance with the schedule of principal and interest payments shown in Exhibit "C" attached hereto and made a. part hereof. Los Altos Hills agrees to pay its respective share of annual loan repayments to the City of Palo Alto in the same proportion as its allocation of capacity rights shown in Exhibit "A". (c) Except for the payment scheduled for 1970, the sums due City each fiscal year, plus twenty-five percent (250) surcharge upon said sums due City, will be billed annually on or before August 1st and, pif unpaid after December 1st, such sums. will be considered past due and shall bear interest on the full amount past due at the rate of one percent (1%) per month. (d) In the event that Los Altos Hills desires to advance its share of debt retirement, as shown in Exhibits "B" and "C City will allocate the amount advanced to said year or years and- pay-.mer.- nd iaaY ,t eiA j.. t,: -8v +..i u.._es Exhibits. "B" and "C". - 3 - (e) _ Upon completion of the project and ,certification of costs thereof by the City Controller and the Federal Agency, the principal amount Lof approximately $500,000 and interest charges identified in Sub -section (b) above and Exhibits "A" and "C" will be adjusted to reflect such final actual costs. 6. EFFECT ON ORIGINAL CONTRACT. In all other respects, Palo.Alto Contract No. 2876 dated March 18, 1968, and amended from time to time, shall remain in full'.force and effect. ATTEST: City Cle APPROVED AS TO FOP&I: Sr. Asst. City Attorney APPROVED AS TO CONTENT: Water'' -Gas' -Sewer Dept.. APPROVED: City Treasurer z ...elana� City Controller V CITY OVIPALO ALTO BY A y tk i:__ r TOWN OF OS ALTOS HILLS BY ATTEST: - 4 - ALLOCATION OF ^ REATi1ENT P..(,NT FUNDING BASED UPON DESIGN CAPAC11IFS Total Cost & Capacity Rights Unit No. i - Treatment Plant A. Capacity mgd 20.00 (Present) Percent 100.0Oo Cost $4.423,93/4 B. Capacity 23,00 (Future) Percent 100.00% Cost $ 520,000 TOTAL UNIT N0. 1 $4,94.3,934 Unit No. 2 - Interceptor Sewer Percent Cost $ 190,922 Engineering & Design Unit No. l $ 236,200 Unit No. 2 $ '_4, 783 Construction Engineer; ng $ 95,503 TOTAL $5,481,339 Federal Cont-ribation 33% (1,808,84 2) Cities' Contribtion 671 $3,672,497 Legal & Fiscal 45,300 R1ght -of -Way Unit 1 - Treatment Plant 166,739 Joint Intercepting Sewer 5,287 GPkND TOTALS $3,889,823 COMPOSITE PERCENT 100.00% E.P.A. Stanford L. A. 11. Palo Alto $517,732 $530,815 $206,047 $4,226,745 (170,852) (175,169) OD 2.00 .13 $355,646 10.00% 10.00% 3.66% 76.34% $442,393 $4+2,393 $161,916 $3,377,232 2.00 2.40 .84 17.76 8.70% 10.43% 3.66% 77.21! $ 4240 $ 54,236 $ 19,032 $ 401,492 $487,633 $496,629 $180,948 $3,778,724 6.30% 93.70% 12,028 178,894 20,549 24,635 8,645 182,370 - - 931 13,852 9,550 9,550 3,&95 722905 $517,732 $530,815 $206,047 $4,226,745 (170,852) (175,169) ( 67,996) (1,394,825) $346,880 $355,646 $138,051 $2,831,920 4,530 4,530 1,658 34,582 16,67+ 16,674 6,103 127,288 r 333 4,954 ;:368,084 $376,850 $146,145 $2,998,74. 9 Zn% 9169% 3.76% ..77.09% EXHIBIT P Due Principal 1970 $ 1970 210,000 1971 225,000 $ 203,925 $3,500,000 1972 240,000 1973 255,000 1974 270,000 1975 275,000 1976 300,000 1977 325,000 1918 325,000 1979 350,000 1980 375,000 1981 350.000 Totals $3,500,000 1970 SEWER UTILITY BOTS DEBT RETIREMENT SCHEDUTE EXHIBIT B Total Outstanding Interest Int. & Prin. Principal Interest $ 203,925 $ 203,925 $3,500,000 $1,540,849 197,625 407,625 3,500,000 1,336,924 184,575 409,575 3,290,000 1,139,299 170,625 410,625 3,065,000 954,724 155,775 410,775 2,825,000 784,099 140,025 410,025 2,570,000 628,324 124,225 399,225 2,300,000 488,299 108,125 408,125 2,025,000 364,074 90,381 415,381 1,725,000 255,949 71,694 3969694 1,400,000 165,568 52,288 402,288 1,075,000 93,874 31,349 406,349 725,000 41,586 10,237 360,237 350,000 10,237 $1,540,849 .$5,040,849 EXHIBIT B A 1970 CAPITAL IMPROVEMENT FUND LOAN DEBT RETIRDMENT SCHEDULE Due Principal 1970 $ Principal 1970 30,000 $ 29,121 1971 32,000 yP 1972 34,300 191,000 1973 36,500 470,000 1974 38,600 58,700 1975 39,300 22,300 58,700 403,600 112,000 1976 42,900 367,200 1977 46,400 57,000 1978 46,400 15,400 1979 50,000 a9 12,900 59,300 246,400 1980 53,600 56,600 1981 50,000 7,500 Totals $ 500,000 1970 CAPITAL IMPROVEMENT FUND LOAN DEBT RETIRDMENT SCHEDULE EXHIBIT C Outstanding Interest Int. & Prin. Principal Interest $ 29,121 $ 29,121 $ 500,000 $ 220,121 28,200 58,200 500,000 191,000 26,400 58,500 470,000 162,800 24,400 58,700 437,900 136,400 22,300 58,700 403,600 112,000 20,000 58,600 367,200 89,700 17,700 57,000 328,600 69,700 15,400 58,300 389,300 52,000. 12,900 59,300 246,400 36,600 10,200 56,600 200,000 23,700 7,500 57,500 153,600 13,500 4,500 58,100 •103,600 6,000 1,500 51,500 50,000 1,500 $ 220,121 $ 720,121 EXHIBIT C PROPOSED SCHEDULE OF PPINCIPAL AND INTEP.E U PAY�-MNTS DUE CITY OF PALO ALTO Note: A 25 percent surcharge will be added to the above annual amounts as provided in Palo Alto Contract No. 2576 of March 18, 1968, Principal and Interest Los Altos Hills Due Exhibit B Exhibit C Total 3..611 1970' $ 203,925 $ 29,121 $ 233,046 1970 407,625 58,200 465,825 610,550 87,321 698,871 S 26,277 1971 409,575 58,500 468,075. 17,600 1972 410,625 58,700 469,325 -17,647 1973 410,775 58,700 469,475 17,652 '1974 410,025 53,600 625 17,62G 1975 399,225 57,000 456,225. 17,154 1976 408,125 55,300 466,425 17,537 1977 415,381 59,300 474,681 17,840 1978 396,694 56,600 453,294 17,044 1979 402,288 57,500 459,788 17,288 1980 406,349 58,100 464,449 17,463 1981 360,237 5',500 411,737 15,482 . $5,040,849 $720,121 $5,760,970 $216,612 Note: A 25 percent surcharge will be added to the above annual amounts as provided in Palo Alto Contract No. 2576 of March 18, 1968,