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Home My WebLink AboutRESO 10086Resolution No. 10086 Resolution of the Council of the City of Palo Alto Authorizing the Reimbursement of Funding for the Regional Water Quality Control Plant Secondary Treatment Upgrades from the State Water Resource Control Board R E C I T A L S A.The City of Palo Alto (the “City”) desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including certain treatment facilities, pipelines and other infrastructure (the "Project"). B.The City intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board). C.The State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"). D.Prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the City desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of the City. E.The City has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary for the State Water Board to reimburse the City for the Expenditures from the proceeds of the Obligations. F.On March 1, 2021, the City Council adopted Resolution No. 9945 authorizing reimbursement of funding for the Regional Water Quality Control Plant Secondary Treatment Upgrades with a reasonably expected maximum principal amount of $169 million. G.The City published an invitation for bids for the construction contract for Project from July 21, 2022 to October 6, 2022 and received base bids ranging from $161.8 million to $167.5 million, approximately 36% higher than the Engineer’s estimate of $118.7 million. DocuSign Envelope ID: C04E60D0-616E-4565-B71B-44EDD2D2C5E0 H.The City now wishes to amend Resolution No. 9945 and adopt this Resolution increasing the reasonably expected maximum principal amount to $193 million to reflect the higher-than-anticipated construction costs, as well as contingency and construction management, and associated planning and design costs. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The City hereby amends Resolution No. 9945 to increase the reasonably expected maximum principal amount of the total Project, including associated planning and design costs, to $193 million. SECTION 3. This resolution is being adopted no later than 60 days after the date on which the City will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each City expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, the City is not aware of the previous adoption of official intents by the City that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the City in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this City so finds, determines and represents. // // // // // // DocuSign Envelope ID: C04E60D0-616E-4565-B71B-44EDD2D2C5E0 // SECTION 8. The Council finds that its authorization of funding reimbursement does not constitute a project requiring review under the California Environmental Quality Act (CEQA) or CEQA Guidelines. This action does not meet the definition of a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment. INTRODUCED AND PASSED: December 5, 2022 AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE NOES: TANAKA ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: City Attorney or Designee City Manager Director of Public Works ________________________________ Director of Administrative Services DocuSign Envelope ID: C04E60D0-616E-4565-B71B-44EDD2D2C5E0 Certificate Of Completion Envelope Id: C04E60D0616E4565B71B44EDD2D2C5E0 Status: Completed Subject: DocuSign: Resolution 10086 - Regional Water Quality Control Plant Source Envelope: Document Pages: 3 Signatures: 6 Envelope Originator: Certificate Pages: 2 Initials: 0 Vinhloc Nguyen AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Vinhloc.Nguyen@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 12/6/2022 5:06:50 PM Holder: Vinhloc Nguyen Vinhloc.Nguyen@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Caio Arellano Caio.Arellano@CityofPaloAlto.org Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 12/6/2022 5:10:24 PM Viewed: 12/7/2022 9:08:50 AM Signed: 12/7/2022 9:08:59 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kiely Nose Kiely.Nose@CityofPaloAlto.org Director, Administrative Services/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 12.20.235.92 Sent: 12/7/2022 9:09:01 AM Viewed: 12/7/2022 10:56:29 AM Signed: 12/7/2022 10:56:50 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brad Eggleston Brad.Eggleston@CityofPaloAlto.org Director of Public Works City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 12/7/2022 10:56:52 AM Viewed: 12/8/2022 5:18:08 PM Signed: 12/8/2022 5:18:18 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 12/8/2022 5:18:20 PM Viewed: 12/12/2022 1:49:27 PM Signed: 12/12/2022 1:49:45 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Patrick Burt pat@patburt.org Mr Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 98.37.159.0 Sent: 12/12/2022 1:49:47 PM Viewed: 12/12/2022 3:31:50 PM Signed: 12/12/2022 3:32:12 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lesley Milton Lesley.Milton@CityofPaloAlto.org City Clerk City Clerk Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 12/12/2022 3:32:15 PM Viewed: 12/12/2022 7:10:11 PM Signed: 12/12/2022 7:10:17 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/6/2022 5:10:24 PM Certified Delivered Security Checked 12/12/2022 7:10:11 PM Signing Complete Security Checked 12/12/2022 7:10:17 PM Completed Security Checked 12/12/2022 7:10:17 PM Payment Events Status Timestamps