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10/21/97 REVOLVING FUND LOAN Page 1
•
***REPAYMENT SCHEDULE***
Local Government: Cape Canaveral
Loan Number: CS120825030
Annual Payment Date: Apr 15/Oct 15
ORIGINAL LOAN Interest Rat 2.97%
Pmt Interest Principal Principal*
Year No. • Payment Paid Paid Outstanding
1996 0 2,198,257.65
1997 1 73,724.00 25,486.59 48,237.41 2,150,020.24
1997 2 73,724.00 31, 927.80 41,796.20 2,108,224.04
1998 3 72,997.88 31,307.13 41,690.75 2,066,533.29
1998 4 72, 997.88 30,688.02 42,309.86 2,024,223.43
1999 5 72, 997.88 30,059.72 42,938.16 1, 981,285.27
1999 6 72,997.88 29,422.09 43,575.79 1, 937,709.48
2000 7 72,997.88 28,774.99 44,222.89 1,893,486.59
2000 8 72,997.88 28,118.28 44,879.60 1,848,606.99
2001 9 72,997.88 27,451.81 45,546.07 1,803,060.92
2001 10 72,997.88 26,775.45 46,222.43 1,756,838.49
2002 11 72, 997.88 26,089.05 46,908.83 1,709, 929.66
2002 12 72, 997.88 25,392.46 47,605.42 1,662,324.24
2003 13 72, 997.88 24,685.51 48,312.37 1,614,011.87
2003 14 72,997.88 23,968.08 49, 029.80 1,564,982.07
2004 15 72,997.88 23,239.98 49,757.90 1,515,224.17
2004 16 72,997.88 22,501.08 50,496.80 1,464,727.37
2005 17 72,997.88 21,751.20 51,246.68 1,413,480.69
2005 18 72,997.88 20,990.19 52,007.69 1,361,473.00
2006 19 72,997.88 20,217.87 52,780.01 1,308,692.99
2006 20 72,997.88 19,434.09 53,563.79 1,255,129.20
2007 21 72,997.88 18,638.67 54,359.21 1,200, 769.99
2007 22 72,997.88 17,831.43 55,166.45 1,145,603.54
2008 23 72, 997.88 17,012.21 55,985.67 1,089,617.87
2008 24 72, 997.88 16,180.83 56,817.05 1, 032,800.82
2009 25 72, 997.88 15,337.09 57,660.79 975,140.03
2009 26 72, 997.88 14,480.83 58,517.05 916,622.98
2010 27 72, 997.88 13,611.85 59,386.03 857,236.95
2010 28 72,997.88 12,729.97 60,267.91 796,969.04
2011 29 72, 997.88 11,834.99 61,162.89 735,806.15
2011 30 72, 997.88 10,926.72 62,071.16 673,734.99
2012 31 72, 997.88 10,004.96 62,992.92 610, 742.07
2012 32 72,997.88 9, 069.52 63,928.36 546,813.71
2013 33 72,997.88 8,120.18 64,877.70 481,936.01
2013 34 72,997.88 7,156.75 65,841.13 416,094.88
2014 35 72,997.88 6,179.01 66,818.87 349,276.01
2014 36 72,997.88 5,186.75 67,811.13 281,464.88
2015 37 72,997.88 4,179.75 68,818.13 212,646.75
2015 38 72,997.88 3,157.80 69,840.08 142,806.67
2016 39 72,997.88 2,120.68 70,877.20 71,929.47
2016 40 72,997.62 1,068.15 71,929.47 0.00
SUBTOTALS 2,921,367.18 723,109.53 2,198,257.65
*Principal outstanding may reflect disbursements during 20-year term.
10/21/97
****LOAN STATEMENT****
Local Government: Cape Canaveral
Loan Number: CS120825030
Payment Number: 2 of 40
ORIGINAL LOAN
Int Rate: 2.97%
Total Owed At
Date Balance Forward Disbursements Interest 10/15/97
04/15/97 2,150,020.24 0.00 31,927.80 2,181,948.04
Subtotals 2,150,020.24 0.00 31,927.80 2,181,948.04
Payment (73,724.00)
Balance(Original Loan) 2,108,224.04
TOTALS 2,150,020.24 0.00 31,927.80 2,181,948.04
TOTAL PAYMENT (73,724.00)
BALANCE 2,108,224.04
REMAINING UNDISBURSED LOAN AMOUNT 0.00
*The semiannual payment is prorated among loan parts based on amount owed at payment.
Note: Printed values are rounded to the nearest cent;however,values are carried beyond
two decimal places in the computer. Totals reflect the more accurate values.
DEPARIMEN T Of
ENVIRONMENTAL PROTEC-
TION
The Orlando Sentinel NOTICE OF
DRAFT PERMIT1 1 '`
The Department of Envi- [ I. k ,i r
Published lice
of tel Protection gives no-
_o.r�� lice of Its preparation of draft
Y permit to the City of Cape Ca-
naveral Post Office Box 326,
Cape Canaveral, FL 32920 to
operate the existing 1.8 MGD
*tate of, 'foriba domestic wastewater
facility which serves
thea City of
Cape Canaveral,Brevprd Coun-
S.S. ty,Florida,while previously au-
COUNTY OF ORANGE thorized construction often up-
grade of the wastewater
treatment facility and of a re-
claimed water system Is being
constructed.This point Will also
Before the undersigned authority personally appeared authorize the continuing con-
who on oath says struction of the upgrade of the
J Y existing wastewater treatment
that he/she is the Lega A ve icingg epresentative of The Orlando Sentinel, a daily facility which discharges to the
newspaper published at COCOA in Banana River, to provide ad-
vance wastewater treatment
RRFVARD Count Florida; (AWT),the construction of a re-
claimed water transmission
that the attached copy of advertise gpt el ATF OF FL 0 TDA 1Z main to the City of Cocoa
in the matter of FILE (S71UI`lB ' 1� Beach and a public access land
application system to serve the
City of Cape Canaveral and the ._,.
in the SRI-VAR D Court, subsequent operation of the up-
graded wastewater treatment Ta-
was published in said newspaper in the issue;of 11b/P1/9k citify,the reclaimed water trans-
mission main to the City of
Cocoa Beach and the complet-
ed public access lend applica-
tion system. This permit re-
quires compliance by the City of
Affiant further says that the said Orlando Sentinel is a newspaper ublished at Cape Canaveral with the re-
quirements r n A YP der ents of Administrative Or-
S_4_A , in said der No.A0001CD,which estab-
AREVARD County, Florida, lishes a compliance schedule.
Y The Department has considered
and that the said newspaper has heretofore been continuously published in the effects of the discharge from
said RRFVARD County, Florida, this facility to ground waters and
surface waters and has as-
each Week Day and has been entered as second-class mail matter at the post signed File Number 267209 to
this project.
office in COCOA in said Any interested person may
ARE VAR D County, Florida, submit written comments on the
Y Department's draft permit or
for a period of one year next preceding the first publication of the attached may submit a written request for
a public meeting to Alvin Castro,
copy of advertisement; and affiant further says that he/she has neither paid P.E.,Program Manager,Domes- I
nor promised any person, firm or corporation any discount, rebate, tic Waste,3319 Maguire Boule-
vard, Suite 232, Orlando, FL
commission or refund for the ose of securing thi 'advertisement for 32803 in accordance with Rule
publication in the said new per. 62-520.555. F.A.C. The com-
( ��IZ� qqq � meets or equest for.ei,public
- •
CL � meetingmust contain t iofnfor
mation set forth below and must
The foregoing instrument was ack o Jed ged before m his 21_ day of be received in the Central Dis-
trict Office within 30 da s of
JUNE , 19—96-, y UAN I TA_R 1 i• / I , ublication of this notice.Failure
to submit comments or request
who is.personally known to me and�� did take an a h. oia' a public meeting within this time
period shall constitute a waiver
r or any right such person may
have to submit comments or re-
quest a public meeting under
(SEAL) or F4 SHERI L MILLER Rule 62-620.555,he F.A.C. q
The comments or request
: rloI.nm
�'� Commfor a public meetin shall con-
. 9t. MY � • �1� fain the following information:
�( (a) The commenter's
•
ip �0 l� name,address,and telephone
� �+�.��� number, the applicant's name
• wvaliq� and address, the Department
Permit File Number and the
t t R1rNr1�*urn 11 Qytx I.Cl. county in which the project is
proposed;
(b) A statement of how
and when notice of the Depart-
.,...-„___x.:,_:-•--..•, ,_ ment's action or proposed ac-
tion was received;
(c)A statement of the facts
i the Department should consider
i In making the final decision;
(d) A statement of which
rules or statutes require reversal
or modification of the Depart-
,ment's action or proposed ac-
tion;and
(e) If desired, a request
that a public meeting be sched-
uled including a statement of •
the nature of the issues pro-
posed to be raised at the meet-
ing. However,the Department
may not always grant a request
for a public meetin.Therefore,
written comments should be
submitted within 30 days of
publication of this notice,even if
a public meeting is requested.
- If aublic meeting is
scheduled Phe public comment
period is extended until the
close of the public meeting.If a
public meeting is held any per-
son may submit oral or written
statements and data at the
meeting on the Department's
proposed action.As a result of
significant public comment the
Department's final action may
be different from the position
taken by it in tis draft permit.
The permit application file
and supporting date are avail-
able for public inspection during
normal business hours, avail-
able for public inspection during
normal business hours. 8:00
a.m to 5:00 p.m., Monday
through Friday,except legal hol-
idays,at the Department of En-
vironment Protection,3319 Ma-
guire Boulevard, Suite 232,
Orlando, Florida, 32803, Tele- i
phone Number(407)894-7555.
ltnEto02700 JUNE21,1996;
o��E,`p`P4iEC110N
��,� 4- Department of
FLORIDA
Environmental Protection
Twin Towers Office Building
Lawton Chiles 2600 Blair Stone Road Virginia B.Wetherell
Governor Tallahassee, Florida 32399-2400 Secretary
CERTIFIED MAIL
RE cl i47
Honorable John K. Porter, Mayor
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: CS120825030 - Cape Canaveral
Reclaimed Water Reuse Facilities
Dear Mayor Porter:
Enclosed is one copy of Amendment 1 to your loan under the State Revolving Fund
program. The amendment is now in effect. No further amendments to this loan are
anticipated.
We congratulate you and your staff on the completion of your Reclaimed Water
Reuse Facilities project and are pleased that we could work with you.
Sincerely,
Virginia B. Wetherell
Secretary
VBW/tp
Enclosure
cc: Bennett Boucher- Cape Canaveral
Andrea Bowers - Cape Canaveral
Gary Revoir- Hartman and Associates/Orlando
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT CS120825030
CITY OF CAPE CANAVERAL
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION(Department)and the CITY OF CAPE CANAVERAL,
FLORIDA,existing as a local government agency(Local Government)under the laws of the
State of Florida.
WITNESSETH:
WHEREAS,the Department and the Local Government entered into a State Revolving Fund
Loan Agreement,Number CS120825030, authorizing a Loan amount of$2,182,000, excluding
Capitalized Interest; and
WHEREAS,the Project costs need adjustment to reflect actual costs; and
WHEREAS,the Local Government has made two Semiannual Loan Payments to the
Department; and
WHEREAS,the Semiannual Loan Payment amount needs revision to reflect the Capitalized
Interest actually incurred; and
WHEREAS,the Project schedule needs revision to include certain dates established during the
final construction inspection; and
WHEREAS,revision of Article II, Section 2.01 (15) is appropriate so that the Local Government
may submit the required annual certification at the time that it submits its annual audit.
NOW,THEREFORE,the parties hereto agree as follows:
1. The total principal amount loaned to the Local Government was $2,198,257.65,
which consisted of$2,140,038.00 disbursed to the Local Government,the Loan Service Fee of
$41,962.00 disbursed directly to the Department, and$16,257.65 of accrued Capitalized Interest.
2. The unpaid principal of the Loan is $2,108,224.04,which amount accounts for the
Department's receipt of two Semiannual Loan Payments and is at an interest rate of 2.97 percent
per annum.
3. The Semiannual Loan Payment amount, adjusted to account for payments received
from the Local Government to date, is hereby revised and shall be in the amount of$72,997.88.
Such payment shall be received by the Department on or before April 15, 1998 and semiannually
thereafter on October 15 and April 15 until all amounts due hereunder have been fully paid.
4. Attachment A,Project Costs, is hereby deleted in its entirety and replaced with
Attachment A,Revision 1, attached hereto and made a part hereof.
1
5. Attachment B,Loan Disbursement Schedule, is hereby deleted in its entirety. Actual
disbursements are provided in the Semiannual loan statements.
6. Section 10.03, Project Schedule, is hereby amended to include Attachment C,
attached hereto and made a part hereof.
All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2
This Amendment 1 to Loan Agreement CS 120825030 shall be executed in three or more
counterparts, any of which shall be regarded as an original and all of which constitute but one
and the same instrument. This amendment incorporates Attachments A and C hereto.
IN WITNESS WHEREOF, the Department has caused this amendment to the Loan
Agreement to be executed on its behalf by the Secretary of the Department and the Local
Government has caused this amendment to be executed on its behalf by its Authorized
Representative and by its affixed seal. The effective date of this amendment shall be as set forth
below by the Secretary of the Department.
for •
CITY OF CAPE CANAVERAL
QC)
C--
Mayor
• .pro :• . . orm and Legali
tte'St byCity Clerk
City Attorn y
SEAL ,
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
k.33 SSVILL149 Nov 2 ._ 1097
Secretary Date
3
•
ATTACHMENT A,REVISION 1: PROJECT COSTS
The Local Government and the Department acknowledge that changes in Project costs may occur
as a result of the Local Government's Project audit or a Department audit pursuant to
Chapter 62-503 of the Florida Administrative Code. Unless this Agreement is amended
subsequent to an audit,the following Project costs shall be final.
CATEGORY COST
(1) Administrative Allowance 12,000.00
(2) Engineering Allowance 91,904.00
(3) Construction and Demolition 1,994,172.00
(4) Equipment and Materials 0
(5) Land 0
(6) Contingencies 0
(7) Technical Services During Construction 0
Contractual
Force Account 0
(8) Financing 0
Short Term
Refinancing 0
(9) Start-up and Performance Certification 0
SUBTOTAL 2,098,076.00
(10)Loan Repayment Reserve* 41,962.00
SUBTOTAL(Disbursed to Local Government) 2,140,038.00
(11)Loan Service Fee* 41,962.00
SUBTOTAL 2,182,000.00
(12)Capitalized Interest 16,257.65
TOTAL(Loan Principal Amount) 2,198,257.65
The Loan Repayment Reserve and Loan Service Fee each represent two percent of the Loan
amount excluding the Capitalized Interest,Loan Repayment Reserve, and Loan Service Fee
amounts;that is,two percent of$2,098,076 equals$41,962.
4
ATTACHMENT C: PROJECT SCHEDULE
The Local Government agrees by execution hereof:
1. The date on which the Department conducted the final construction inspection of the
Project was April 8, 1997. Construction costs incurred after this date are not eligible for Loan
funding. Certain construction-related costs may be eligible if incurred by the construction cut-
off date identified below.
2. The construction cost cut-off date established for the Project is June 8, 1997. Costs
incurred after this date are not eligible.
3. The date by which the third Semiannual Loan Payment becomes due is April 15,
1998. Semiannual Loan Payments shall be received by the Department semiannually on or
before October 15 and April 15 until the entire amount due hereunder has been paid.
4. The date for the certification required under Article II, Subsection 2.01(15)of the
Agreement is hereby revised;the certification shall be submitted annually with the audit required
under Article II, Subsection 2.01(12).
5. The close-out audit required under Subsection 2.01(14)of this Agreement shall be
submitted within twelve months after the effective date of this amendment.
5
4,
Department of
FLOR@A
Environmental Protection
Twin Towers Office Building
Lawton Chiles 2600 Blair Stone Road Virginia B. Wetherell
Governor Tallahassee, Florida 32399-2400 Secretary
March 18 , 1996 DISTRIBUBQN
Mayor
City Council
Honorable John K. Porter, Mayor City Mgr.
City of Cape Canaveral City A�`-
105 Polk Avenue � �Ws
0`i` �"`'- A
P.O. Box 326
l9aratim
Cape Canaveral, Florida 32920-0326
Re: CS120825030 - Cape Canaveral
Reclaimed Water Reuse Facilities
Dear Mayor Porter:
We have accepted Addendum 1 to plans and specifications entitled
"Phase I - Reclaimed Water System Improvements, Effluent Reuse
Transmission Main" as meeting the requirements of the State
Revolving Fund loan program. The effective date of acceptance is
March 18 , 1996 .
One copy of the accepted addendum is being returned to you. This
documentation should be kept in your possession and duplicate
copies should be made available for use at the project site.
If you have any questions regarding this acceptance, please call
the Bureau's Project Manager, J.N. Ramaswamy, at 904/488-8163 .
Sin' e'ely,
.i
Do . :erryhil , P.E. , Chief
Bureau of Water Facilities Funding
DWB/jnr
Enclosure
cc: Bennett Boucher - Cape Canaveral
Gary Revoir - Hartman and Associates, Inc. /Orlando
Christianne Ferraro - DEP/Orlando
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
II
DEPARTMENT OF ENVIRONMENTAL PROTECTION
TWIN TOWERS OFFICE BUILDING
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32399-2400
March 18, 1996
Honorable John K. Porter, Mayor
City of Cape Canaveral
105 Polk Avenue
P.O. Box 326
Cape Canaveral, Florida 32920-0326
Re: CS120825030 - Cape Canaveral
Reclaimed Water Reuse Facilities
Dear Mayor Porter:
We have accepted Addendum 1 to plans and specifications entitled
"Phase I - Reclaimed Water System Improvements, Effluent Reuse
Transmission Main" as meeting the requirements of the State
Revolving Fund loan program. The effective date of acceptance is
March 18, 1996.
One copy of the accepted addendum is being returned to you. This
documentation should be kept in your possession and duplicate
copies should be made available for use at the project site.
If you have any questions regarding this acceptance, please call
the Bureau's Project Manager, J.N. Ramaswamy, at 904/488-8163 .
Sincerely,
Don W. Berryhill, P.E. , Chief
Bureau of Water Facilities Funding
DWB/jnr
Enclosure
cc: Bennett Boucher - Cape Canaveral
Gary Revoir - Hartman and Associates, Inc. /Orlando
Christianne Ferraro - DEP/Orlando
ADDENDUM NO. 1, January 19, 1996
RE: City of Cape Canaveral Phase I Reclaimed Water System Improvements
Project No_ 92-288.00 ACCEPTED
STATE OF FLORIDA
FROM: Hartman & Associates, Inc. Department of Environmental Protection
201 East Pine Street, Suite 1000 Date of Acc c 3 - ) E
Orlando, Florida 32801 �,�fj,
By
n(/Ui�
Department Pere. nta ive
TO: Prospective Bidders Rep
re
Addendum forms a part of the Contract Documents and modifies the original Bidding
Documents dated December, 1995, as noted below. Acknowledge receipt of this Addendum in
the space provided on the Bid Forrn Failure to do so may subject Bidder to disqualification_
The addendum consists of one(1) page and the attached specifications as noted below.
CHANGES TO BIDDING REQ S:
1. Section 00300 - Bid Form, DELETE entire section and REPLACE with attached Section
00300 - Bid Form.
CHANGES TO SPECIFICATIONS:
2. Section 09900-Painting, page 09900-15, 2.02 T., DELFTE entire subsection.
3. Section I5062 - Ductile Iron Pipe and Fittings DEL.E.I"E entire section and REPLACE
with attached Section 15062 -Ductile Iron Pipe and Fittings.
4. Section 02540 - Jacking and Boring, page 02540-1, L02, ADD the following:
"E Contractor shall submit results of a soil investigati&n of the jacking and receiving
pits to the Engineer prior to excavation One(1) soil boring to a depth of three (3)
feet below the pit shall be performed at each pit"
5. Section 15103 - Butterfly Valves. page 15103-1, L02 A.2.b., DELETE "American" and
REPLACE with "Dezurik."
6. Section 01025 - Measurement and Payment, DELETE entire section and REPLACE with
the attached Section 01025 - Measurement and Payment.
END OF ADDENDUM • •
MJHIll/mb/S-C-3ladden.1
HAI X92-288.00 A-1 011996
NAME OF BIDDER:
SECTION 00300
BID FORM
DATE SUBMITTED:
PROJECT IDENTIFICATION:
CITY OF CAPE CANAVERAL
PHASE I - RECLAIMED WATER SYSTEM IMPROVEMENTS
EFFLUENT REUSE TRANSMISSION MAIN
NAME OF BIDDER:
BUSINESS ADDRESS:
Telephone Number.:
CONTRACTOR'S FLORIDA LICENSE NO.:
THIS BID IS SUBMITTED TO: CITY OF CAPE CANAVERAL
105 Polk Avenue, Cape Canaveral, Florida 32920
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
agreement with Owner in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition
of Bid security. This Bid will remain subject to acceptance for ninety (90) days after the
day of Bid opening. Bidder will sign and deliver the required number of counterparts of
the Agreement with the Bonds and other documents required by the Bidding
Requirements within fifteen days after the date of Owner's Notice of Award.
3 In submitting this Bid, Bidder makes all representations required by the Instructions to
Bidders and further warrants and represents that:
(a) Bidder has examined and carefully studied the Bidding Documents and the
following Addenda receipt of which is hereby acknowledged:
No. Dated No. Dated
No. Dated No. Dated
No_ Dated No. Dated
No. Dated No. Dated
MJH/11/sma/mb/S-C-3/00300.txt ADDENDUM NO. 1
HAI #92-288.00 00300-1 011996
•
NAME OF BIDDER:
(b) Bidder has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
(c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the
Work.
(d) Bidder has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.2.1 of the General Conditions. Bidder
accepts the determinations set forth in paragraph SC-4.2 of the Supplementary
Conditions of the extent of the "technical data" contained in such reports and
drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the
General Conditions. Bidder acknowledges that such reports and drawings are not
Contract Documents and may not be complete for Bidder's purposes. Bidder
acknowledges that Owner and Engineer do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the
Bidding Documents with respect to Underground Facilities at or contiguous to the
site. Bidder has obtained and carefully studied (or assumes responsibility for
having done so) all such additional or supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface and
Underground Facilities) at or contiguous to the site or otherwise which may affect
cost progress, performance of furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences and procedures of construction to
be employed by Bidder and safety precautions and programs incident thereto.
Bidder does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the determination of this Bid
for performance and furnishing of the Work in accordance with the times, price
and other terms and conditions of the Contract Documents.
(e) Bidder is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated
in the Contract Documents.
(f) Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations,
tests, studies and data with the Contract Documents.
(g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that Bidder has discovered in the Contract Documents and the
written resolution thereof by Engineer is acceptable to Bidder, and the Contract
MJH/11/sma/mb/S-C-3/00300.txt ADDENDUM NO. I
HAI #92-288.00 00300-2 011996
•
NAME OF BIDDER:
Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performing and furnishing the Work for which this Bid is
submitted.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false or
sham Bid; Bidder has not solicited or induced any person, firm or corporation to
refrain from bidding; and Bidder has not sought by collusion to obtain for itself any
advantage over any other Bidder or over Owner.
4. Bidder submits the following lump sum/unit prices to perform all the Work as required by
the Drawings and Specifications.
All Bid items shall include all materials, equipment, labor, permit fees, taxes, tests, miscellaneous
costs of all types, overhead, and profit for the item to be complete, in place, and ready for
operation in the manner contemplated by the Contract Documents.
SCHEDULE OF PRICES
FOR
CAPE CANAVERAL
PHASE I -RECLAIMED WATER SYSTEM IMPROVEMENTS
EFFLUENT REUSE TRANSMISSION MAIN
Estimated
Item Description Quantity Unit Unit Price Amount
A Indemnification t L.S. $1,000.00 $1,000.00
B Mobilization/Demobilization 1 L.S.
C General Requirements 1 L.S.
D Color Audio-Video Preconstruction 1 L.S.
E 16-inch Reuse Transmission Main (DIP) 5,700 L.F.
F 12-inch Reuse Transmission Main 7,700 L.F.
G 10-inch Reuse Distribution Main
430 L.F.
H 8-inch Reuse Distribution Main
9,300 L.F.
1 6-inch Reuse Distribution Main
1.;511 L.F
MJH/11/sma/mb/S-C-3/00300.txt ADDENDUMNO. 1 011996
HAI #92-288.00 00300-3
NAME OF BIDDER:
SCHEDULE OF PRICES
FOR
CAPE CANAVERAL
PHASE I -RECLAIMED WATER SYSTEM IMPROVEMENTS
EFFLUENT REUSE TRANSMISSION MAIN(Continued)
Estimated
Item Description Quantity Unit Unit Price Amount
J 4-inch Reuse Distribution Main 1,000 L.F.
K Jack and Bore N. Atlantic Ave., A l A
(80 L.F., 24-inch Casing) 1 L.S.
L Remove Asphalt Bike Path and Replace
with Concrete 7,000 L.F.
M Standard Roadway Open Cut 5,500 L.F.
N 16-inch Butterfly Valve 3 EA.
O 12-inch Gate Valve 2 EA
P 8-inch Gate Valve 4 EA
Q 6-inch Gate Valve 7 EA
R 4-inch Gate Valve 8 EA
S Pressure Control Valve and Meter Assembly 1 EA
Total Price(Sum of Items A through T)
Dollars
(in words)
7. The following documents are attached to and made a condition of this Bid:
(a) Questionnaire (Bidding Documents, Section 00301).
(b) Subcontractor Listing (Bidding Documents, Section 00302).
(c) Required Disclosure (Bidding Documents, Section 00303).
(d) Bid Security (surety bond or cashier's check - Section 00410).
(e) Corporate authority to execute Bid (any corporate employee other than president
or vice president, Section 00410).
(f) Power of Attorney (for surety bond only).
(g) Sworn Statement on Public Entity Crimes (Bidding Documents, Section 00470).
(h) Noncollusion Affidavit (Bidding Documents, Section 00480).
(i) Trench Safety Affidavit (Bidding Documents, Section 00490).
MJH/11/sma/mb/S-C-3/00300.txt ADDENDUM NO. 1
HAI #92-288.00 00300-4 011996
NAME OF BIDDER:
If Bidder is: (ALL SIGNATORIES MUST HAVE THEIR NAME PRINTED OR TYPED
BELOW THEIR SIGNATURE)
SOLE PROPRIETORSHIP
(SEAL)
(Individual's Signature)
(SEAL)
(Individual's Name)
Doing Business as:
Business Address:
Telephone No.:
Florida License No.:
A PARTNERSHIP
(SEAL)
(Partnership Name)
(General Partner's Signature)
(General Partner's Name)
Doing Business as:
Business Address:
Telephone No.:
Florida License No.
MJI-I/11/sma/mb/S-C-3/00300.txt ADDENDUM NO. 1
HAI #92-288 00 00300-6 011996
NAME OF BIDDER:
A CORPORATION
(SEAL)
(Corporation Name)
(State of Incorporation)
BY
(Name of Person Authorized to Sign)
(Title)
(Authorized Signature)
(CORPORATE SEAL)
ATTEST
(Secretary)
Doing Business as:
Business Address:
Telephone No.:
Corporation President
Florida License No.:
MJH/11/sma/mb/S-C-3/00300.txt ADDENDUM NO. 1
HAI #92-288.00 00300-7 011996
NAME OF BIDDER:
A JOINT VENTURE
By (SEAL)
(Name)
By
(Address)
By (SEAL)
(Name)
By
(Address)
Doing Business as:
Business Address:
Telephone No.:
Florida License No.:
(Each joint venturer must sign. The manner of signing for each individual, partnership,
and corporation that is a party to the joint venture should be in the manner indicated
above).
7. List the following in connection with the Surety which is providing the Bid Bond. Surety's
Name: Surety's Address:
Surety's Name:
Surety's Address:
Name and address of Surety's resident agent for service of process in Florida:
MJH/ll/sma/mb/S-C-3/00300.txt ADDENDUM NO. 1
HAI #92-288.00 00300-8 011996
NAME OF BIDDER:
SCHEDULE OF MANUFACTURERS/SUPPLIERS
The Contract Documents are based upon the equipment or products available from the
manufacturers/suppliers denoted as "A", "B", etc. However, the Bidder must indicate in his Bid
which Base Bid manufacturer/supplier he intends to use for each item of equipment listed by
circling one (1) of the listed manufacturers/suppliers. Should the Bidder fail to circle a named
supplier, he hereby agrees to provide the item listed as "A". After receipt of bids, the Bidder may
not substitute For any manufacturer or supplier circled.
If the Bidder desires to propose one (1) or more alternate manufacturers/suppliers, he may write
in the name of such alternates in the spaces provided on the pages following the lists, but he must,
nevertheless, also circle one of the listed manufacturers/suppliers. All "or equal" or substitute
items must be identified at the time of Bid (see paragraph 6.7 of the General Conditions as
amended by the Supplementary Conditions).
If the proposed alternate manufacturer/supplier is determined "not equivalent" by the Engineer,
the Bidder must use the circled manufacturer/supplier. If the Bidder fails to indicate which listed
manufacturer/supplier he intends to use or if an alternate is rejected, he must use the supplier
listed as "A". Also, if the Bidder circles more than one listed manufacturer/supplier, he must use
the first manufacturer/supplier circled (unless an alternate is approved).
Each proposed alternate will be evaluated in accordance with Paragraph 6.7 of the General
Conditions.
In addition to the reimbursement required under Paragraph 6.7 of the General Conditions, the
Contractor shall also reimburse the Owner for any engineering costs directly attributable to the
change in manufacturers/suppliers, caused by the acceptance of proposed alternates, such as;
additional field trips for the Engineer, additional redesign costs, and additional review costs, etc.
Other costs directly attributable to the change in manufacturers/suppliers caused by the
acceptance of proposed alternates such as increased electrical requirements, larger building,
additional pumps, piping or tankage, etc., shall be borne by others and not by the Owner.
The Owner may request, and the Bidder shall supply, complete information on proposed
alternates prior to the Notice of Award.
MJH/1l/sma/mb/S-C-3/00300.txt ADDENDUM NO. 1 011996
HAI #92-288 00 00300-9
NAME OF BIDDER:
Category I - SCHEDULE OF BASE BID MANUFACTURERS/SUPPLIERS
Equipment Item Specification
or Material Section No. Manufacturer/Supplier
Ductile Iron Pipe 15062 A. American
B. U.S. Pipe
C. McWane
Polyvinyl Chloride (PVC) Pressure Pipe 15071 A. J.M. Pipe
B. Certainoed
Gate Valves 15101 A. Mueller
B. American Darling
C. U.S. Pipe
Butterfly Valves 15103 A. Henry Pratt
B. Dezurik
C. Keystone
Combination Pressure Reducing and Pressure
Sustaining Valve 15105 A. Cla-Val
B. Ross Valve
Air Release and Vacuum Relief Valves 15122 A. Valmatic
B. Apco
MJH/l1/sma/mb/S-C-3/00300.txt ADDENDUM NO. I 011996
HAI #92-288 00 00300-10
NAME OF BIDDER:
ALTERNATES, SUBSTITUTIONS AND "OR EQUAL"
The undersigned as Bidder agrees that alternates, substitutions, or "or equal" items will not be
considered until after the "Effective Date of the Agreement" and will be evaluated in accordance
with Paragraphs 6.7, 6.7.1 and 6.7.2, of the General Conditions as amended by the Supplementary
Conditions. If Bidder intends to propose alternates, substitutions or "or equal" items after the
"Effective Date of the Agreement", it is agreed that these items will be listed on the Substitution
List included with the Bid (form provided herein). Only the proposed alternates, substitutions or
"or equal" items listed on the Substitution List will be evaluated by the Engineer in accordance
with the General Conditions.
SUBSTITUTION LIST OF
ALTERNATE MANUFACTURERS/SUPPLIERS
Bidder proposes the following substitutions and "or equal" items of alternate
manufacturers/suppliers for the equipment of material categories so identified:
Equipment Alternative Proposed
Item Drawing Spec. Manufacturer/Supplier Price Deduct
Material No. Section (List One Only) for Alternate
1.
2.
3.
4.
5.
6.
7.
9
10.
END OF SECTION
I
MTH/11/sma/mb/S-C-3/00300.txt ADDENDUM NO. I
HAI #92-288.00 00300-11 011996
SECTION 01025
MEASUREMENT AND PAYMENT
PART 1 - GENERAL
1.01 DESCRIPTION
A. The Contractor shall receive and accept the compensation provided in the Proposal
and the Contract as full payment for furnishing all materials, labor, tools and
equipment, for performing all operations necessary to complete the work under the
Contract, and also in full payment for all loss or damages arising from the nature of
the work, or from any discrepancy between the actual quantities of work and
quantities herein estimated by the Engineer, or from the action of the elements or
from any unforeseen difficulties which may be encountered during the prosecution
of the work until the final acceptance by the Owner.
B. The prices stated in the proposal include all costs and expenses for taxes, labor,
equipment, materials, commissions, transportation charges and expenses, patent
fees and royalties, labor for handling materials during inspection, together with any
and all other costs and expenses for performing and completing the work as shown
on the Drawings and specified herein. The basis of payment for an item at the unit
price shown in the proposal shall be in accordance with the description of that item
in this Section.
C. The Contractor's attention is again called to the fact that the quotations for the
various items of work are intended to establish a total price for completing the
work in its entirety. Should the Contractor feel that the cost for any item of work
has not been established by the Bid Form or Payment Items, he shall include the
cost for that work in some other applicable bid item, so that his proposal for the
project does reflect his total price for completing the work in its entirety.
1.02 MEASUREMENT
A. The quantities for payment under this Contract shall be determined by actual
measurement of the completed items, in place, ready for service and accepted by
the Owner, in accordance with the applicable method of measurement therefore
contained herein
1 03 PAYMENT ITEMS
A The first five digits of an item number represent the Section in which the item is
specified.
MJH/lUmb/S-C-301025.TXT ADDENDUM NO. 1
HAI #92-288.00 01025-1 011996
1 00100 Article 8, Indemnification (A)
a Payment for Indemnification In consideration of the Contractor's
Indemnity Agreement as set out in the Contract Documents, Owner
specifically agrees to give the Contractor $1,000.00 and other good
and valuable consideration, receipt of which is acknowledged upon
signing of the Agreement.
2. 01505: Mobilization/Demobilization (B)
a. Measurement of various items for Mobilization/Demobilization will
not be made, and payment for all items shall be included in the lump
sum price.
b. Payment for Mobilization/Demobilization will be made at the
Contract lump sum price for the item, which price and payment
shall be full compensation for the preparatory work and operations
in mobilizing for beginning Work on the project including, but not
limited to, those operations necessary for the movement of
personnel, equipment, supplies, and incidentals to the project site,
and for the establishment of field office, building, safety equipment
and first aid supplies, sanitary and other facilities, as required by
these Specifications, and State and local laws and regulations; and
any other preconstruction expense necessary for the start of the
Work; the cost of field engineering, construction schedules,
construction photographs and project signs, shop drawings,
temporary facilities, laydown storage area, construction aids,
erosion control, work associated with contractor support during
Owner/Engineer reviews and inspection, reinspections and any re-
work resulting from same, as described in Section 01710 Cleaning,
and Section 01720 Project Records Documents and Section 01730
Operating and Maintenance Data. The Contractor shall submit
invoices substantiating the cost of mobilization with each pay
request. Ten percent of the cost for Mobilization will be withheld
until substantial completion and site clean-up.
3. 01000: General Requirements (C)
a. Measurement for various items covered under General
Requirements will not be made for payment, and all items shall be
included in the lump sum price.
b. Payment for General Requirements shall include all Insurance
requirement costs, the cost of bonds, permits, and all administrative
costs. This item will be paid upon each payment request made by
MJH/11/mb/S-C-301025 TXT ADDENDUM NO. 1
HAI #92-288.00 01025-2 011996
the Contractor. The Contractor shall attach with the pay request
invoices to substantiate that appropriate insurance, permits, and
bonds have been obtained by the Contractor.
4. 01390: Color Audio-Video Preconstruction Record (D)
a. Payment for the Color Audio-Video Preconstruction Record will be
made at the Contract lump sum price for that item, which shall
include full compensation for completing that item and all other
incidentals necessary to complete the item.
5. 15062 and 15071: Reuse Transmission and Distribution Mains (E-J)
a. Measurement and payment for pipe, except as otherwise specified,
will be based on the laying length of the pipe in linear feet actually
placed as measured along the centerline of the completed pipe,
including length of fittings, valves and specials measured along their
centerlines, but excluding the roadway crossing jack and bores
between the limits shown on the Drawings.
b. Payment for pipe will be made at the Contract unit price per linear
foot for the size and type installed, which price and payment shall
be full compensation for pipe, fittings, clearing, grubbing,
excavation, dewatering, pipe bedding, backfill and compaction,
seeding and mulching, sodding, sidewalk replacement (other than
bike path noted otherwise), existing property restoration, tree
restoration, concrete encasement, canal aerial crossing and
appurtenances, supports, testing, air valve assemblies, flushing
hydrant assemblies, pipe identification, removal and replacement of
fences and roadway guard rails, and for all equipment and all other
work necessary to complete the installation as specified.
Any restoration outside limits shown on the Drawings or specified
elsewhere will be at the Contractor's expense. All cost to clean and
repair new or existing piping and appurtenances will be included
under the payment for linear feet of pipe.
6. 02540: Jacking and Boring (K)
a. Payment for Jacking and Boring will be made at the Contract unit
price per linear foot as measured along the centerline of the
installed steel casing for the size and type installed, which price
shall be full compensation for jacking and boring operations, steel
casing, pipe spacers, casing plugs, sand fill, carrier piper, and all
other incidentals necessary to complete the item.
MJH/II/mb/S-C-301025 TXT ADDENDUM NO. I
HAI #92-288.00 01025-3 011996
7 02509: Remove Asphalt Bike Path and Replace with Concrete Bike Path
(L)
a. Measurement and Payment for bike path replacement will be made
at the Contract unit price per linear foot and shall be full
compensation for all labor, materials and equipment required to
replace the existing bike path in accordance with the Contract
documents.
8. 03300 and 02513: Standard Roadway Open Cut (M)
a. Payment for Standard Roadway Open Cut will be made at the
Contract unit price per linear foot and shall be full compensation for
all labor, materials, and equipment required to remove and replace
the roadway or driveway in accordance with the Specifications.
The replacement shall be as directed by the Owner which shall
occur between the roadway or curb and sawn or expansion joints to
restore the driveway to its original condition.
Roadways or driveways damaged by the Contractor outside the
limits of excavation and the sawn or expansion joints shall not be
eligible for payment unless otherwise authorized by the Engineer's
or Owner's representative.
9. 15103: Butterfly Valve (N)
a. The number of valves of the various sizes and types to be paid for
will be determined by the actual count of units installed and
accepted.
b. Payment for valves will be made at the Contract unit price per valve
for the respective size and type, which price and payment shall be
full compensation for furnishing and installing the valve complete
and operative within its box, including markers, concrete collars,
and brass numbering plates.
10 15101 Gate Valves (O-R)
a. The number of valves of the various sizes and types to be paid for
will be determined by the actual count of units installed and
accepted.
b. Payment for valves will be made at the Contract unit price per valve
for the respective size and type, which price and payment shall be
MJH/II/mb/S-C-301025.TXT ADDENDUM NO. 1
HAI #92-288.00 01025-4 011996
full compensation for furnishing and installing the valve complete
and operative within its box, including markers, concrete collars,
and brass numbering plates.
11 15105 Pressure Control Valve and Meter Assembly (S)
a. Payment for the Pressure Control Valve and Meter Assembly will
be made at the Contract unit price per the item, which price and
payment shall be full compensation for furnishing and installing the
assembly complete and operative, including meter, concrete pads,
isolation valves, fittings, flange adapters, air release valve, and other
appurtenances required to complete the assembly as detailed on the
Drawings.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION
NIJHIll/mb/S-C-301025 TXT ADDENDUM NO. 1
HAI 92-288.00 01025-5 011996
SECTION 15062
DUCTILE IRON PIPE AND FITTINGS
PART I - GENERAL
1.01 DESCRIPTION
A. Scope of Work: Provide and install ductile iron pipe of the sizes and in the
locations shown on the Drawings and as specified herein.
B. Related Work Described Elsewhere:
1. Materials and Equipment: Section 01600.
2. Excavating, Backfilling and Compacting: Section 02220.
3. Painting: Section 09900.
4. Pressure Testing: Section 15044.
1.02 QUALITY ASSURANCE
A. Standards (as applicable):
1. Cement mortar lining for water: ANSI 21.4.
2. Rubber gasket joints: ANSI 21.11.
3. Ductile iron pipe thickness: ANSI A-21.50.
4. Ductile iron pipe centrifugally cast in metal or sand lined molds: ANSI
A-21.51.
5. Cast iron pipe flanges and fittings: ANSI B-16.1.
6 Threaded flanges: CIPRA standard.
7. Ductile iron fittings: AWWA/ANSI C110/A21.10 and AWWA/ANSI
C 153/A21.53.
B. Qualifications: All ductile iron pipe and fittings shall be furnished by
manufacturers who are fully experienced, reputable, and qualified in the
manufacture of the materials to be furnished. The pipe and fittings shall be
MJH/II/sma/mb/S-C-3/15062.TXT ADDENDUM NO. 1
HAI #92-288.00 15062-1 011996
4
designed, constructed, installed in accordance with the best practices and methods
and shall comply with these Specifications as applicable.
C. Manufacturer: Pipe shall be as manufactured by the American Cast Iron Pipe
Company, U.S. Pipe and Foundry Company, McWane Cast Iron Pipe Company or
equal.
1.03 SUBMITTALS
A. Shop Drawings, including layouts within, and under buildings and structures shall
be submitted to the Engineer for approval in accordance with General Conditions
and Section 01340: Shop Drawings, Working Drawings and Samples and the
following. Shop Drawings shall be prepared by the pipe manufacturer.
B. Tabulated layout schedule including:
1. Order of installation and closures.
2. Pipe invert elevation and station at each change of grade and alignment.
3. Elements of curves and bends, both in horizontal and vertical alignment,
including elements of the resultant true angular deflections in cases of
combined curvature.
4. The limits of each reach of pipe thickness class and of restrained joints.
5. The limits of each rcach of concrete encasement or encasement in casing.
6. Locations of closures for length adjustment and for construction
convenience.
7. Locations of manholes and other points of access for placement of mortar
lining a field joints and removal of test bulkheads.
8. Locations of valves and other mechanical equipment.
9. Methods and locations of supports.
C. Details of special elbows and fittings.
D Calculations and test data demonstrating that the proposed retrained joint
arrangement can transmit the required forces.
MJH/11/sma/mb/S-C-3/15062.TXT ADDENDUM NO. 1
HAI #92-288.00 15062-2 011996
•
E. Copy of the manufacturer's quality control check of pipe material and production.
F. Provide an affidavit of compliance with AWWA standards referenced in this
specification.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
A. All pipe shall be shipped and stored at the jobsite in accordance with the Ductile
Iron Pipe Research Association (DIPRA) "Guide for the Installation of Ductile
Iron" and manufacturer's recommendations.
B. Exercise extra care when handling cement lined pipe. Damage to the lining will
render it unfit for use, unless repair to the lining can be made in accordance with
AWWA C 104. The Engineer shall determine whether or not a cracked lining is
repairable.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Pipe - Ductile Iron Pipe Conforming to ANSI A-21.51 and AWWA C-151:
1. Unless otherwise shown on the Drawings, the minimum thickness of ductile
iron pipe shall be:
a. For buried pipe:
1) <12-inch diameter: Pressure Class 350.
2) >12-inch diameter Pressure Class 250.
b. For pipe with flanges (all above ground or exposed piping): Class
53.
2. Pipe for use with sleeve type couplings shall have plain ends (without bells
or beads) cast or machined at right angles to the axis.
3 Pipe for use with split type couplings shall have ends with cast or machined
shoulders or grooves that meet the requirements of the coupling
manufacturer.
4 Pipe shall be supplied in lengths not in excess of 20 feet having rubber-ring
type push-on joints, standard mechanical joints or restrained joints where
required for underground piping and flanged joint piping, for all above
ground piping as shown on the Drawings and as specified herein.
NIMH/ll/sma/mbiS-C-3/15062.TXT ADDENDUM NO. 1
HAI #92-288 00 15062-3 011996
5 Coatings and Linings
a Exterior of pipe and fittings:
1) Ground buried pipe and fittings shall have factory applied
bituminous coating or coal tar varnish or asphalt base paint,
1.0 mil thick.
2) Exposed pipe and fittings shall have factory applied coating
of an universal rust-inhibitive primer 2.0 mils dry thickness.
b. Interior of pipe and fittings (all ductile iron pipe):
•
1) Cement-Mortar lining: In accordance with ANSI 21.4 for
cement mortar linings.
B. Fittings: All ductile iron pipe fittings shall be ductile iron with a minimum pressure
rating as follows:
1. The working pressure rating for all ductile iron fittings shall be 250 psi
minimum. Fittings and coating shall be in accordance with AWWA/ANSI
C 110/A21.10 or AWWA/ANSI C153/A21.53.
C. Joints (as shown on the Drawing and as specified):
1. General: Joints in "runs" of aboveground piping or piping located in vaults
and structures shall be flanged. Joints in "runs" of buried piping shall be of
the push-on or mechanical joint type per AWWA C-111 except where
flanged joints are required to connect to valves, meters, and other
equipment.
2. Flanges.
a. Flanges shall be Class 125 per ANSI B-16.1 unless otherwise
specifically noted. Determine the pressure rating of the fittings
based on the test pressures shown in Section 15044: Pressure
Testing of Piping.
b. Gaskets: Fullface, 1/8 inch thick, cloth-inserted rubber
1) All Other: gaskets to be furnished in Buna-N rubber
suitable for sewage and water service.
c. Bolts and Nuts for Flanges
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HAI #92-288.00 15062-4 011996
1) Bolts and nuts for flanges located indoors, in enclosed
vaults and structures, buried and submerged and located
outdoors above ground or in open vaults in structures shall
be Type 316 stainless steel conforming to ASTM A-193,
Grade B&M for bolts, and ASTM A-194, Grade M for
nuts.
2) Provide washers for each nut. Washers shall be of the same
material as the nuts.
d. Provide specially drilled flanges when required for connection to
existing piping or special equipment.
e. Flanges shall be long-hub type screwed tightly on pipe by machine
at the foundry prior to facing and drilling. Flange faces shall be
coated with a rust inhibitor immediately after facing and drilling.
Field assembled screwed on flanges are prohibited.
3. Push-on and mechanical joint (ANSI A-21.11):
a. The plain ends of push-on pipe shall be factory machined to a true
circle and chamfered to facilitate fitting the gasket.
b. Gaskets: Fullface, 1/8 inch thick, cloth-inserted rubber
1) All Other: gaskets to be furnished in Buna-N rubber
suitable for sewage and water service.
c. Each joint shall be complete with rubber gasket, cast iron gland,
and all required bolts and nuts.
D. Thrust restraint:
1. Thrust blocks: Shall be permitted only where detailed or called out on the
Drawings.
a. Conform to thrust block details shown in Drawings.
b. Concrete: 3,000 psi at 28 days.
2 Restrained joints.
a Pipe joints shall be restrained each side of the fitting for a
continuous distance in accordance with DIPRA "Thrust Restraint
Design for Ductile Iron Pipe". Distance restrained shall be based
MJH/11/sma/mb/S-C-3/15062.TXT ADDENDUM NO. 1
HAI #92-288.00 15062-5 011996
on sand-silt soil type, 150 psig test pressure, 3.0 feet of cover and
Type 3 laying condition.
b. Mechanical joint restraint shall be accomplished using a mechanism
consisting of plurality of individually activated gripping surfaces
incorporated into the design of the follower gland. Restraint device
shall be Megalug, Series 1100 PV or Series 2000 PV.
c. Push-on joints for pipe that are required to be restrained shall be
restrained using a harness device or the pipe manufacturer's
standard restrained joint as listed below. Harnesses shall be split to
enable installation after the spigot has been installed into the bell.
The restraint ring of the harness shall consist of a plurality of
individually activated gripping surfaces to hold the spigot. Harness
restraint shall be Megalug, Series 1100 HD. Approved
manufacturer's restrained joints are Lok-ring, Flex Ring, or Fast
Grip gaskets by American Ductile Iron Pipe Company, TR-Flex or
Field Lok gaskets by U.S. Pipe and Foundry Company, or equal.
2.02 PIPING ACCESSORIES
A. Outlets:
1. For outlets larger than 2 inches, provide a tee with a flanged outlet.
2. Provide outlets 2 inches and smaller by tapping and attaching a service
clamp. Service clamps shall be as specified herein.
PART 3 - EXECUTION
3.01 INSPECTION AND TESTING
A. All pipe shall be inspected and tested at the foundry
B The Owner shall have the right to have any or all piping, fittings, or special
castings inspected and tested by an independent testing agency at the foundry or
elsewhere. Such inspection and testing will be at the Owner's expense.
C. Mark as rejected and immediately remove from the job site all pipe lengths
showing a crack, damaged lining, or receiving a severe blow that may cause an
incipient fracture, even though no such fractures can be seen.
D. Removal of cracked portions:
M.11 /11/sma/rnb/S-C-3/15062.TXT ADDENDUM NO. 1
HAI #92-288.00 15062-6 011996
•
1. Any pipe showing a distinct crack, but no incipient fracture beyond the
limits of the visible crack, may be cut off and the sound portion installed.
Cut the pipe at least 12 inches from the visible limits of the crack. Cutting
of pipe shall be done by skilled workmen, and in such a manager as to not
damage the pipe. Every cut shall be square and smooth, with no damage to
the pipe lining. Cut surfaces shall be recoated as specified for the pipe.
2. Cutting and installing cracked pipe shall only be performed when approved
by the Engineer, and shall be at the expense of the Contractor.
E. Carefully inspect and hammer test all pipe and fittings prior to installation.
3.02 INSTALLATION
A. Assembling joints:
1. Push-on joints:
a. Insert the gasket into the groove of the bell.
b. Uniformly apply a thin film of special lubricant over the inner
surface of the gasket that will contact the spigot end of the pipe.
c. Insert the chamfered end of the plain pipe into the gasket and push
until it seats against the bottom of the socket.
2. Bolted joints:
a. Remove rust preventative coatings from machined surfaces prior to
assembly.
b. Thoroughly clean and carefully smooth all burrs and other defects
from pipe ends, sockets, sleeves, housings and gaskets.
3 Flanged joints.
a Bolt holes of flanges shall straddle the horizontal and vertical
centerlines of the pipe. Clean flanges by wire brushing before
installing flanged fittings. Clean flange bolts and nuts by wire
brushing, lubricate bolts with oil and graphite.
b. Insert the nuts and bolts (or studs) finger tighten, and progressively
tighten diametrically opposite bolts uniformly around the flange to
the proper tension.
N1.11 /I1/sma/mb/S-C-3/15062.TXT ADDENDUM NO. 1
H.AI 92-288.00 15062-7 011996
c. Execute care when tightening joints to prevent undue strain upon
valves, pumps and other equipment.
d. If flanges leak under pressure testing, loosen or remove the nuts
and bolts, reset or replace the gasket, reinstall or retighten the bolts
and nuts, and retest the joints. Joints shall be watertight.
4. Mechanical joints:
a. Thoroughly clean, with a wire brush, surfaces that will be in contact
• with the gaskets.
b. Lubricate the gasket, bell and spigot by washing with soapy water.
c. Slip the gland and gasket, in that order, over the spigot and insert
the spigot into the bell until properly sealed.
d. Evenly seat the gasket in the bell at all points, center the spigot, and
firmly press the gland against the gasket.
e. Insert the bolts, install the nuts finger tight, and progressively
tighten diametrically opposite nuts uniformly around the joints to
the proper tension with a torque wrench.
5 Bell and spigot joints:
a. Thoroughly clean the bell and spigots and remove excess tar and
other obstructions.
b. Insert the spigot firmly into place and hold securely until the joint
has been properly completed.
B. Fabrication:
1. Tapped connections:
a. Make all tapped connections as shown on the Drawings or as
directed by the Engineer.
b. Make all connections watertight and of adequate strength to
prevent pullout.
c. Drill and tap normal to the longitudinal axis of the pipe.
M.11 /11/sma/mb/S-C-3/15062.TXT ADDENDUM NO. 1
HAI #92 288.00 15062-8 011996
2. Cutting:
a. Perform all cutting with machines having rolling wheel cutters or
knives designed to cut ductile iron. The use of a hammer and chisel
to cut pipe is prohibited.
b. After cutting, examine all cut ends for possible cracks.
c. Carefully chamfer all cut ends to be used with push-on joints to
prevei:t damage to gaskets when pipe is installed.
C. Installing Buried Piping:
1. Inspect each pipe and fitting before lowering the buried pipe or fitting into
the trench. Inspect the interior and exterior protective coatings. Clean
ends of pipe thoroughly. Remove foreign matter and dirt from inside of
pipe and keep clean during and after laying.
2. Handle pipe in a manner to avoid any damage to the pipe. Do not drop or
dump pipe into trenches under any circumstances.
3. When installing piping in trenches, do not deviate more than 1 inch from
line or 1/4 inch from grade. Measure for grade at the pipe invert.
4. Grade the bottom of the trench by hand to the line and grade to which the
pipe is to be laid, with allowance for pipe thickness. Remove hard spots
that would prevent a uniform thickness of bedding. Before laying each
section of the pipe, check the grade with a straightedge and correct any
irregularities found. The trench bottom shall form a continuous and
uniform bearing and support for the pipe at every point between bell holes,
except that the grade may be disturbed for the removal of lifting tackle.
5. At the location of each joint, dig bell (joint) holes of dimensions in the
bottom of the trench and at the sides to permit visual inspection of the
entire project.
6. Keep the trench in a dewatered condition during pipelaying in accordance
with Section 02220: Excavating, Backfilling and Compacting.
7 When the pipelaying is not in progress, including the noon hours, close the
open ends of pipe Do not permit trench water, animals, or foreign
material to enter the pipe.
8 Restrained joints shall be extended upon installation.
M.11 /Il/sma/mb/S-C-3/15062.TXT ADDENDUM NO. 1
HAI #92-288.00 15062-9 011996
D Installing Interior Piping
1. All piping and fittings shall be installed true to alignment and rigidly
supported thrust anchors shall be provided where required. Any damage to
linings shall be repaired to the satisfaction of the Engineer before the pipe is
installed. Each length of pipe shall be cleaned out before erection.
2. Sleeves shall be installed of proper size for all pipes passing through floors
or walls as shown on the Drawings. Where indicated on the Drawings, or
required for liquid or gas-tightness, the pipe shall be sealed with mechanical
seal equal to Link-Seal as manufactured by Thunderline Corp., Wayne,
Michigan.
3. Concrete inserts for hangers and supports shall be furnished and installed in
the concrete as it is placed. The inserts shall be, in accordance with the
requirements of the piping layout and jointing method and their locations
shall be verified from approved piping layout drawings and the structural
drawings.
4. Except as otherwise shown on the Drawings either split type couplings or
flange joints may be used. Prior to approval of jointing, method layouts for
hanger and supports shall be submitted to the Engineer for approval.
5. Flanged joints shall be made with bolts, bolt studs with a nut on each end,
or studs with nuts where the flange is tapped.
6. All pipe and appurtenances connected to equipment shall be supported in
such a manner as to prevent any strain being imposed on the equipment.
When manufacturers have indicated requirements that piping loads shall not
be transmitted to their equipment, a certification shall be submitted stating
that such requirements have been complied with.
MJH/11/sma/mb/S-C-3/15062.TXT ADDENDUM NO. 1
HAI #92-288.00 15062-10 011996
E. Pipe deflection:
1. Push-on and mechanical joints:
a. The maximum permissible deflection of alignment at joints, in
inches for 20 foot lengths:
Size of Pipe Push-On Mechanical
4 21 35
6 21 30
8 21 22
10 21 22
12 21 22
14 21 15
16 21 15
18 21 12
20 21 12
24 21 10
b. The maximum permissible deflections for other lengths shall be in
proportion of such lengths to 20 feet.
2. Flexible joints: The maximum deflection in any direction shall not exceed
the manufacturer's instructions and recommendations.
F. Hydrostatic Testing: Test in accordance with Section 15044: Pressure Testing of
Pipe. Test pressures are shown in the Piping Pressure Test Schedule, Table
15044-A of Section 15044.
END OF SECTION
MJH/11/sma/mb/S-C-3/15062.TXT ADDENDUM NO. 1
HAI #92-288.00 15062-11 011996
*pA01E(iION
Department of
FLOR A
Environmental Protection
Twin Towers Office Building
Lawton Chiles 2600 Blair Stone Road Virginia B.Wetherell
Governor Tallahassee, Florida 32399-2400 Secretary
CERTIFIED MAIL
DEC 0 6 1995
Honorable John K. Porter, Mayor t•- .4/n6,-«/3
City of Cape Canaveral M yoSTP.IBUTlO-7
r
105 Polk Avenue City Council ✓
Cape Canaveral, Florida 32920 City Mgr.
City Atty.
Pub.Works Dir. ✓t4:hftdc.m.s.o -
Re: Loan CS120825030 - Cape Canaveral Building Oft.
Reclaimed Water Reuse Facilities Finance Dir. ✓
Dear Mayor Porter:
We are pleased to provide a State Revolving Fund loan for construction of your
reclaimed water reuse facilities. One copy of the fully executed loan agreement is
enclosed. The agreement is now in effect.
We congratulate you and your staff on your efforts and are pleased that we can
work with you on this project.
Sincerely,
.�,�Virginia . Wetherell
Secretary
VBW/gh
Enclosure
cc: Bennett C. Boucher- Cape Canaveral
Gary Revoir-Hartman and Associates/Orlando
Christianne Ferraro -DEP/Orlando
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF CAPE CANAVERAL, FLORIDA
STATE REVOLVING FUND
CONSTRUCTION LOAN AGREEMENT
CS120825030
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee,Florida 32399-2400
STATE REVOLVING FUND LOAN AGREEMENT CS 120825030
CONTENTS PAGE
ARTICLE I DEFINITIONS
1.01.WORDS AND TERMS. 1
1.02. CORRELATIVE WORDS. 3
ARTICLE II WARRANTIES, REPRESENTATIONS AND COVENANTS
2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. 3
2.02. CONDITIONS PRECEDENT. 6
ARTICLE III MONTHLY ESCROW AND LOAN REPAYMENT ACCOUNTS
3.01. MONTHLY ESCROW ACCOUNT. 6
3.02. INVESTMENT OF ESCROW MONEYS. 6
3.03. ESCROW WITHDRAWALS. 7
3.04. LOAN REPAYMENT RESERVE ACCOUNT. 7
3.05. LOAN REPAYMENT RESERVE WITHDRAWALS. 7
3.06. RESTORATION OF LOAN REPAYMENT RESERVE ACCOUNT. 7
3.07. INVESTMENT OF LOAN REPAYMENT RESERVE MONEYS. 7
3.08 ASSETS HELD IN TRUST. 7
ARTICLE IV PROJECT INFORMATION
4.01. PROJECT CHANGES. 7
4.02. TITLE TO PROJECT SITE. 8
4.03. PERMITS AND APPROVALS. 8
4.04. ENGINEERING SERVICES. 8
4.05. PROHIBITION AGAINST ENCUMBRANCES. 8
4.06. COMPLETION MONEYS. 8
4.07. SURPLUS LOAN FUNDS. 8
4.08. LOAN DISBURSEMENTS. 8
ARTICLE V RATES AND USE OF THE REUSE AND SEWER SYSTEMS
5.01. RATE COVERAGE. 9
5.02. NO FREE SERVICE. 9
5.03. MANDATORY CONNECTIONS. 9
5.04. NO COMPETING SERVICE. 9
5.05. MAINTENANCE OF THE REUSE AND SEWER SYSTEMS. 9
5.06. ADDITIONS AND MODIFICATIONS. 9
5.07. COLLECTION OF REVENUES. 9
ARTICLE VI DEFAULTS AND REMEDIES.
6.01. EVENTS OF DEFAULT. 10
6.02. REMEDIES. 10
6.03. DELAY AND WAIVER. 11
CONTENTS PAGE
ARTICLE VII THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. 11
7.02. ADDITIONAL DEBT OBLIGATIONS. 11
ARTICLE VIII GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS. 12
8.02. PROJECT RECORDS AND STATEMENTS. 12
8.03. ACCESS TO PROJECT SITE. 12
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. 12
8.05. AMENDMENT OF AGREEMENT. 12
8.06. SEVERABILITY CLAUSE. 12
8.07. EXECUTION OF AGREEMENT. 12
ARTICLE IX CONSTRUCTION CONTRACTS AND INSURANCE
9.01 AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS. 13
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS. 13
9.03. INSURANCE REQUIRED. 13
ARTICLE X DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN. 14
10.02. PROJECT COSTS. 14
10.03. PROJECT SCHEDULE. 14
10.04. INTEREST RATE. 15
10.05. LOAN TERM. 15
10.06. REPAYMENT SCHEDULE. 15
ARTICLE XI SIGNATURE PAGE 16
ATTACHMENT A: PROJECT COSTS. 17
ATTACHMENT B: LOAN DISBURSEMENT SCHEDULE. 18
ii
STATE REVOLVING FUND LOAN AGREEMENT CS 120825030
THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION(Department)and the CITY OF CAPE CANAVERAL, FLORIDA,
existing as a local government agency(Local Government)under the laws of the State of Florida.
WITNESSETH:
WHEREAS,pursuant to Section 403.1835, Florida Statutes,the Department is authorized to make
loans to local government agencies to finance or refinance the construction of wastewater pollution control
facilities,the planning and design of which have been reviewed by the Department; and
WHEREAS,the Local Government has made application for the financing of the Project, and the
Department has determined that such Project meets all requirements for a loan;
NOW, THEREFORE, in consideration of the Department loaning money to the Local
Government, in the principal amount and the covenants hereinafter set forth, it is agreed as follows:
ARTICLE I-DEFINITIONS
1.01.WORDS AND TERMS. Words and terms used herein shall have the meanings set forth
below:
(1) "Additional Completion Loan"shall mean a loan subsequent to the Loan authorized by this
Agreement,which may be made to the Local Government by the Department for the purpose of furnishing
additional funds to complete the Project. The interest rate for any Additional Completion Loan shall be
established pursuant to the Rule(Chapter 62-503 of the Florida Administrative Code).
(2) "Agreement"or"Loan Agreement"shall mean this agreement, including any amendments
hereto.
(3) "Authorized Representative"shall mean the official of the Local Government authorized by
ordinance or resolution to sign documents associated with the Loan.
(4)"Capital Contribution"shall mean moneys from such sources as impact fees, assessments, and
contributions in-aid-to-construction.
(5) "Capitalized Interest"shall mean interest accruing on a loan before repayment begins.
Capitalized interest shall be included in the principal of the Loan. Capitalized interest is not disbursed to
the Local Government,but it shall be amortized via periodic loan repayments to the Department as if it
were actually disbursed. Capitalized interest shall be computed at the interest rate set for the Loan. It
accrues and is compounded annually from the time when disbursements are made until six months before
the first Semiannual Loan Payment is due.
(6)"Cost of Construction"shall mean the costs for furnishing and installing, equipping,
constructing, altering, remodeling, or improving facilities. It shall also mean the cost of interim financing,
1
refinancing, or payment of other debt of the Local Government,the proceeds of which were used for the
foregoing purposes.
(7)"Depository"or"Qualified Public Depository"shall mean a bank or savings association
organized and existing under the laws of the State of Florida and any bank or savings association organized
under the laws of the United States that has it principal place of business in the State of Florida or has a
branch office which is authorized under the laws of the State of Florida or of the United States to receive
deposits in the State of Florida,that meets all of the requirements of Chapter 280, Florida Statutes,that has
a combined capital and unimpaired surplus of not less than$50 million, and that has been designated by the
Treasurer of the State of Florida as a qualified public depository.
(8) "Gross Revenues"shall mean all income or earnings received by the Local Government from
the ownership or operation of its Reuse and Sewer Systems, including investment income, all as calculated
in accordance with generally accepted accounting principles. Gross Revenues shall not include proceeds
from the sale or other disposition of any part of the Reuse or Sewer System, condemnation awards or
proceeds of insurance, except use and occupancy or business interruption insurance, received with respect
to the Reuse or Sewer System.
(9) "Loan"shall mean the amount of money, including any Additional Completion Loan amounts,
to be loaned pursuant to this Agreement.
(10) "Loan Application"shall mean Form 62-503.900(2), along with the supporting documentation
required under the Rule(Chapter 62-503 of the Florida Administrative Code), submitted to the Department
by the Local Government.
(11) "Loan Repayment Reserve Account"shall mean the account into which will be deposited the
amount set aside to pay unexpected deficiencies, if any, in the Semiannual Loan Payment.
(12) "Loan Service Fee"shall mean an origination fee to be paid to the Department by the Local
Government. It shall be based on the Loan amount, excluding the Capitalized Interest, Loan Repayment
Reserve and Loan Service Fee amounts. The fee may be paid with Loan proceeds and amortized. The fee
will be used by the Department to pay for program administration.
(13) "Monthly Loan Deposit"shall mean the monthly deposit to be made by the Local Government
to an escrow account for the purpose of making the Semiannual Loan Payments.
(14) "Net Revenues"shall mean Gross Revenues less the Operation and Maintenance Expense.
(15) "Operation and Maintenance Expense"shall mean the expenses of operation,maintenance,
and ordinary repairs of the Reuse and Sewer Systems and shall include,without limiting the generality of
the foregoing, insurance premiums, administrative expenses of the Local Government relating solely to the
Reuse and Sewer Systems, and such other reasonable operating expenses relating to the Reuse and Sewer
Systems as shall be in accordance with generally accepted accounting principles. Operation and
Maintenance Expense shall not include interest on any debt payable from the Gross Revenues, depreciation
or other items not requiring the expenditure of cash.
(16) "Pledged Revenues"shall mean the specific revenues pledged as security for repayment of the
Loan and shall be the Net Revenues after the satisfaction of all payment obligations on account of(i)the
City of Cape Canaveral, Florida, Sewer Revenue Bonds, Series A, 1966 and(ii)the City of Cape
Canaveral, Florida, Sewer Revenue Bonds, Series B, 1966. There is also a pledge of the Sewer System
2
portion of the Net Revenues, on a parity with the pledge under this Agreement, for the repayment of State
Revolving Fund Loan Number CS 120825020.
(17) "Project"shall mean the works financed by this loan. It consists of furnishing all labor,
materials, and equipment to construct the Local Government's reclaimed water reuse system in accordance
with the following plans and specifications accepted by the Department:
(a)"Phase I -Reclaimed Water System Improvements, Effluent Reuse Transmission Main", dated
April 1995; and
(b)Additive Alternate B (reject-water holding tank, storage tank,high service pumps, effluent
transfer pumps, and all related mechanical, electrical, instrumentation, and piping work)as set forth in
Addendum Number 4 issued for"Bid Form" Section 00300B,to the plans and specifications entitled"City
of Cape Canaveral Wastewater Treatment Plant Improvements", dated December 1994.
The Project is in agreement with the"City of Cape Canaveral Wastewater System Facilities Plan",
dated November 1994, and the"Engineering Report-City of Cape Canaveral Reuse/Land Application
System", dated July 1994. Approval of this Project is provided by the Florida Categorical Exclusion
Notification issued on April 28, 1995. The Project is not an Equivalency Project as defined in the Rule.
(18) "Reuse System"shall mean all facilities owned by the Local Government for the transmission
and distribution of reclaimed water for a beneficial purpose. Reclaimed water is water that has received at
least secondary treatment and is reused after flowing out of a wastewater treatment facility.
(19) "Rule"shall mean the State Revolving Loan Program Rule, Chapter 62-503 (formerly
Chapter 17-503)of the Florida Administrative Code.
(20)"Semiannual Loan Payment"shall mean the payment due from the Local Government to the
Department at six-month intervals, and it is comprised of principal and interest.
(21)"Sewer System"shall mean all facilities owned by the Local Government for collection,
transmission,treatment and reuse of wastewater and its residuals.
(22) "Water System" shall mean all facilities owned by the Local Government for supplying and
distributing water for residential, commercial, industrial, and governmental use.
1.02. CORRELATIVE WORDS. Words of the masculine gender shall be understood to include
correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate,the
singular shall include the plural and the word"person" shall include corporations and associations,
including public bodies, as well as natural persons. Capitalized words not otherwise defined herein shall be
defined as set forth in the Rule.
ARTICLE II-WARRANTIES, REPRESENTATIONS AND COVENANTS
2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. The Local Government
warrants, represents and covenants that:
3
(1) The Local Government has full power and authority to enter into this Agreement and to comply
with the provisions hereof
(2) The Local Government is not the subject of bankruptcy, insolvency, or reorganization
proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative
regulation,judgment, decree, note, resolution, charter or ordinance which would currently restrain or enjoin
it from entering into, or complying with,this Agreement.
(3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity, before
any court or public body, pending or,to the best of the Local Governments knowledge,threatened, which
seeks to restrain or enjoin the Local Government from entering into or complying with this Agreement.
(4)The Local Government shall not issue bonds, notes or other evidences of indebtedness in any
manner secured by Pledged Revenues without the written consent of the Department.
(5)All permits, real property interests, and approvals required as of the date of this Agreement
have been obtained for construction and use of the Project. The Local Government knows of no reason
why any future required permits or approvals are not obtainable.
(6) The Local Government shall undertake the Project on its own responsibility,to the extent
permitted by law.
(7) To the extent provided by Section 768.28 of the Florida Statutes,the Local Government shall
release and hold harmless the State, its officers, members, and employees from any claim arising in
connection with the Local Government's actions or omissions in its planning, design, construction or
operation of the Project.
(8)All Local Government representations to the Department, pursuant to the Loan Application and
Agreement, are true and accurate. The Local Government shall comply with all applicable State and
Federal laws, rules, and regulations which are identified in the Loan Application or Agreement. Laws,
rules, and regulations which apply only to Equivalency Projects, pursuant to the Rule, do not apply to this
project. To the extent that any assurance, representation, or covenant requires a future action,the Local
Government shall take such action as is necessary for compliance.
(9)The financial information delivered by the Local Government to the Department is current and
correct. The Local Government shall provide the Department with additional financial information via
audits required by the Rule, notification of changing conditions adversely affecting the Local Government's
ability to repay this Loan, or upon request of the Department.
(10)The Local Government shall maintain records using Generally Accepted Governmental
Accounting Standards established by the Government Accounting Standards Board. As part of its
bookkeeping system,the Local Government shall keep accounts of the Reuse and Sewer Systems separate
from all other accounts and it shall keep accurate records of all Gross Revenues, Pledged Revenues,
Capital Contributions, Loan disbursement receipts, expenses, and expenditures relating to the Reuse and
Sewer Systems.
(11) In the event the anticipated Pledged Revenues are shown by the Local Government's annual
budget to be insufficient to make the Semiannual Loan Payments for such Fiscal Year when due, the Local
Government shall include in such budget other legally available funds, other than ad valorem tax revenues,
which will be sufficient,together with the Pledged Revenues,to make the Semiannual Loan Payments.
4
Such other legally available funds shall be budgeted in the regular annual governmental budget and
designated for the purpose provided by this Subsection, and the Local Government shall collect such funds
for application as provided herein. The Local Government shall notify the Department immediately in
writing of any such budgeting of other legally available funds. Nothing in this covenant shall be construed
as creating a pledge, lien, or charge upon any such other legally available funds; requiring the Local
Government to levy or appropriate ad valorem tax revenues; or preventing the Local Government from
pledging to the payment of any bonds or other obligations all or any part of such other legally available
funds.
(12) Beginning with the Fiscal Year during which the Loan is executed and for each year until the
Loan is retired,the Local Government shall submit annual audit reports to the Department. Reports shall
be submitted within one year after the end of each audited Fiscal Year. Audits shall be conducted in
accordance with "Government Auditing Standards" (1988) issued by the Comptroller General of the United
States.
Beginning with the Fiscal Year during which the Loan is made and continuing through the Fiscal
Year during which the final Loan disbursement to the Local Government is received, audits shall be
conducted under the Office of Management and Budget Circular A-128, "Audits of State and Local
Governments" (1985), which provides policies, procedures, and guidelines for the Single Audit Act of
1984. The Loan shall be treated as a major Federal assistance program regardless of the disbursed amount
received during the Fiscal Year being audited.
Beginning with the first Fiscal Year after the final loan disbursement to the Local Government is
received and ending with the Fiscal Year during which the Loan is retired, financial audits shall be
conducted as required under Section 11.45 of the Florida Statutes.
(13) Beginning with the first Fiscal Year during which Monthly Loan Deposits to a debt service
account are required and continuing through the Fiscal Year during which the Loan is retired,the Local
Government shall cause its auditor to comment on its compliance with the Loan Agreement covenants. The
Department shall be notified immediately if anything comes to the auditor's attention during the annual
examination of the Local Government's records that would constitute a default under the Loan Agreement
or adversely affect the Local Government's ability to repay the Loan; or the audit report shall include a
statement to the effect that nothing came to the auditor's attention that would constitute a default under the
Loan Agreement.
(14)Within 12 months of Project Close-out, the Local Government shall submit to the Department
a separate audit, by an independent certified public accountant, of the Loan revenues and expenditures.
The audit shall be conducted in accordance with "Government Auditing Standards" (1988) issued by the
Comptroller General of the United States. The audit shall address whether the Local Government complied
with requirements set forth in the Loan Agreement. The audit findings shall set aside or question any costs
that are unallowable under the Rule. A final determination of the allowability of such costs shall be made
by the Department.
(15) Each year, beginning with 1997 and ending with the year during which the final Loan
repayment is made,the Local Government's Authorized Representative or its chief financial officer shall
submit a certification no later than July 15 that: (a) Pledged Revenue collections satisfy, on a pro rata
basis,the rate coverage requirement; (b)the Monthly Escrow Account contains the funds required; (c)the
Loan Repayment Reserve Account contains the funds required; and(d) insurance, including that issued
through the National Flood Insurance Program authorized under 42 U.S.C. secs. 4001-4128 when
5
applicable, in effect for the facilities generating the Pledged Revenues, adequately covers the customary
risks to the extent that such insurance is available.
(16) Pursuant to Section 216.349 of the Florida Statutes,the Local Government shall not use the
Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a State agency.
(17)The Local Government agrees to construct the Project in accordance with the Project
schedule. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of
the Local Government are excepted. If for any reason construction is not completed by the specified
completion date,there shall be no resulting diminutions or delay in the Semiannual Loan Payment or the
Monthly Loan Deposit or funding of the Loan Repayment Reserve Account.
(18)The Local Government covenants that this Agreement is entered into for the purpose of
constructing, refunding, or refinancing the Project which will in all events serve a public purpose. The
Local Government covenants that it will, under all conditions, complete and operate the Project to fulfill the
public need.
2.02. CONDITIONS PRECEDENT. As conditions precedent to the execution of this Agreement
by the Department,the Local Government shall deliver an opinion, or opinions, of its counsel that:
(1) This Agreement has been duly authorized by the Local Government and shall constitute a valid
and legal obligation of the Local Government in accordance with its terms upon execution by both parties.
(2) This Agreement specifies the revenues pledged for repayment of the Loan, and the pledge is
valid and enforceable.
ARTICLE III -MONTHLY ESCROW AND LOAN REPAYMENT ACCOUNTS
3.01. MONTHLY ESCROW ACCOUNT. The Local Government shall establish a monthly
escrow account with a Depository. The Local Government shall make a Monthly Loan Deposit from the
Pledged Revenues to the monthly escrow account beginning no later than the date set forth for such action
in Section 10.03 of this Agreement.
In any month in which the amount on deposit in the monthly escrow account does not equal or
exceed five-sixths (5/6) of the Semiannual Loan Payment,the Depository shall be required to promptly
notify the Department in writing if the Local Government fails to make a Monthly Loan Deposit which
equals or exceeds one-sixth(1/6)of the Semiannual Loan Payment. In the event there is an insufficient
amount in the monthly escrow account thirty(30) days prior to each Semiannual Loan Payment,the Local
Government agrees to budget, by amendment if necessary, payment to the Department from other legally
available funds, other than ad valorem tax revenues, all sums becoming due before the same become
delinquent. This requirement shall not be construed to give superiority to the Department's claim on any
revenues over prior claims of general creditors of the Local Government, nor shall it be construed to give
the Department the power to require the Local Government to levy and collect any revenues other than
Pledged Revenues.
3.02. INVESTMENT OF ESCROW MONEYS. Upon the direction of the Local Government, a
Depository shall invest escrowed moneys pursuant to the laws of the State of Florida. The investment
earnings shall be credited to the monthly escrow account. The maturity or redemption date of investments
6
shall be not later than the date upon which such moneys may be needed to make Semiannual Loan
Payments.
3.03. ESCROW WITHDRAWALS. The withdrawal of moneys from the monthly escrow
account shall be for the purpose of making the Semiannual Loan Payment.
3.04. LOAN REPAYMENT RESERVE ACCOUNT. A Loan Repayment Reserve Account shall
be established with a Depository in the amount of 0.02 times the Loan amount excluding the portion of the
Loan representing the Loan Repayment Reserve, Loan Service Fee and Capitalized Interest. The Local
Government shall establish the Loan Repayment Reserve Account and deposit the full amount into the
account no later than the date set forth for such action in Section 10.03 of this Agreement. The required
reserve deposit amount is specified on Attachment A.
3.05. LOAN REPAYMENT RESERVE WITHDRAWALS. The Loan Repayment Reserve
Account shall be used by the Local Government to cure a temporary deficiency in any Semiannual Loan
Payment. The Depository shall be required to promptly notify the Department upon any withdrawal from
the Account. Any unused portion of the Loan Repayment Reserve Account shall be applied to the final
Semiannual Loan Payment, and any portion of the Loan Repayment Reserve Account in excess of the final
Semiannual Loan Payment amount shall be applied to the preceding Semiannual Loan Payment.
3.06. RESTORATION OF LOAN REPAYMENT RESERVE ACCOUNT. A default causing the
Local Government to use the Loan Repayment Reserve Account or the use of the Account to prevent
default shall result in the Local Government being responsible for making special deposits to restore its
Loan Repayment Reserve Account. Special restoration deposits shall be made from the first moneys
legally available to the Local Government for such purpose.
3.07. INVESTMENT OF LOAN REPAYMENT RESERVE MONEYS. Upon the direction of
the Local Government, a Depository shall invest reserved moneys pursuant to the laws of the State of
Florida. The maturity or redemption date of investments shall be not later than the date set for the final
Semiannual Loan Payment provided, however, that moneys must be available for withdrawal, if necessary,
pursuant to Section 3.05 of this Agreement. All investment income and earnings shall be credited to the
Loan Repayment Reserve Account.
3.08. ASSETS HELD IN TRUST. The assets in each of the accounts created under this Loan
Agreement shall be held in trust for the purposes provided herein and used only for the purposes and in the
manner prescribed in this Agreement; and, pending such use, said assets shall be subject to a lien and
charge in favor of the Department.
ARTICLE IV-PROJECT INFORMATION
4.01. PROJECT CHANGES. Project changes prior to bid opening shall be made by addendum to
plans and specifications. Changes after bid opening shall be made by change order. The Local
Government shall submit all addenda and all change orders to the Department. Any change order which
affects the Project performance standards or which increases the contract amount by more than one
hundred thousand dollars ($100,000) or which alters the Project purpose requires written approval by the
Department.
4
7
4.02. TITLE TO PROJECT SITE. The Local Government shall have an interest in real property
sufficient for the construction and location of the Project free and clear of liens and encumbrances which
would impair the usefulness of such sites for the intended use.
4.03. PERMITS AND APPROVALS. The Local Government shall have obtained, prior to the
Department's authorization to award construction contracts, all permits and approvals required for the
construction of the Project or portion of the Project funded under this Agreement. The Local Government
shall obtain operation permits, if applicable, when construction is complete.
4.04. ENGINEERING SERVICES. A professional engineer, registered in the State of Florida,
shall be employed by, or under contract with,the Local Government to oversee construction.
4.05. PROHIBITION AGAINST ENCUMBRANCES. The Local Government is prohibited from
selling, leasing or disposing of any part of the Reuse or Sewer System which would reduce operational
integrity,or Gross Revenues, so long as this Agreement is in effect unless the written consent of the
Department is first secured.
4.06. COMPLETION MONEYS. In addition to the proceeds of this Loan,the Local Government
covenants that it has obtained, or will obtain, sufficient moneys from other sources to complete
construction and place the Project in operation on, or prior to,the date specified in Article X. Failure of
the Department to approve an Additional Completion Loan shall not constitute a waiver of the Local
Government's covenants to complete and place the Project in operation.
4.07. SURPLUS LOAN FUNDS. Upon execution of all construction, equipment and materials
contracts,the Project contingency shall be reduced to not more than five(5)percent of the sum of the as-
bid prices for all such contracts. After the Project is constructed,the Department will establish the final
Project costs to be financed by the Loan. The Loan Service Fee may be adjusted and the balance of Loan
funds remaining will be eliminated. The principal amount of the Loan will be adjusted by the Department.
This adjustment will reduce, on a pro rata basis,the amount of the remaining Semiannual Loan Payments.
4.08. LOAN DISBURSEMENTS. Disbursements shall be made only upon the issue of warrants
signed by the State Comptroller and only when the requests for such warrants are accompanied by a
Department certification that such withdrawals are proper expenditures. The disbursement of moneys may
be made by electronic means or by means of a magnetic tape or other transfer medium. Disbursements
shall be made directly to the Local Government for design and administration allowances; reimbursement
of the incurred Cost of Construction and related services; establishing a Loan Repayment Reserve; and
Project start-up services. The disbursement of the Loan Service Fee,when included in the Loan principal,
will be made directly to the Department's Operating Trust Fund in the increments and at the times set forth
in Rule 62-503.400. Disbursement of the allowances to the Local Government shall be made upon the
Department's receipt of a disbursement request form. Disbursements for materials, labor, or services shall
be made upon receipt of the following:
(1)A completed disbursement request form signed by the Authorized Representative. Such
requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to
identify the nature of the work performed;the cost or charges for such work; and the person providing the
service or performing the work.
(2)A certification signed by the Authorized Representative as to the current estimated costs of the
Project;that the materials, labor, or services represented by the invoice have been satisfactorily purchased,
8
performed, or received and applied to the project;that all funds received to date have been applied toward
completing the Project; and that under the terms and provisions of the contracts,the Local Government is
required to make such payments.
(3)A certification by the engineer responsible for overseeing construction stating that equipment,
materials, labor and services represented by the construction invoices have been satisfactorily purchased, or
received, and applied to the Project in accordance with construction contract documents; stating that
payment is in accordance with construction contract provisions; stating that construction, up to the point of
the requisition, is in compliance with the contract documents; and identifying all additions or deletions to
the Project which have altered the Project's performance standards, scope, or purpose since the issue of the
Department construction permit.
(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or
suppliers as may reasonably be required by the Department.
ARTICLE V- RATES AND USE OF THE REUSE AND SEWER SYSTEMS
5.01. RATE COVERAGE. The Local Government shall maintain rates and charges for the
services furnished by the Reuse and Sewer Systems which will be sufficient to provide, in each Fiscal Year,
Pledged Revenues equal to or exceeding 1.20 times the sum of the Semiannual Loan Payments due in such
Fiscal Year. In addition, the Local Government shall satisfy the coverage requirements of all senior and
parity debt obligations.
5.02. NO FREE SERVICE. The Local Government shall not permit connections to, or furnish any
services afforded by,the Reuse or Sewer System without making a charge therefor based on the Local
Government's uniform schedule of rates, fees, and charges.
5.03. MANDATORY CONNECTIONS. The Local Government shall adopt, as necessary, and
enforce requirements, consistent with applicable laws, for the owner,tenant or occupant of each building
located on a lot or parcel of land which is served, or may reasonably be served, by the Sewer System to
connect such building to the Sewer System.
5.04. NO COMPETING SERVICE. The Local Government shall not allow any person to provide
any services which would compete with the Reuse or Sewer System so as to adversely affect Gross
Revenues.
5.05. MAINTENANCE OF THE REUSE AND SEWER SYSTEMS. The Local Government
shall operate and maintain the Reuse and Sewer Systems in a proper, sound and economical manner and
shall make all necessary repairs, renewals and replacements.
5.06. ADDITIONS AND MODIFICATIONS. The Local Government may make any additions,
modifications or improvements to the Reuse and Sewer Systems which it deems desirable and which do not
reduce the operational integrity of any part of the Reuse or Sewer System. All such renewals,
replacements, additions, modifications and improvements shall become part of the Reuse and Sewer
Systems.
5.07. COLLECTION OF REVENUES. The Local Government shall use its best efforts to collect
all rates, fees and other charges due to it. The Local Government shall establish liens on premises served
by the Sewer System for the amount of all delinquent rates, fees and other charges where such action is
9
permitted by law. The Local Government shall,to the full extent permitted by law, cause to discontinue the
services of the Water and Sewer Systems and use its best efforts to shut off water service furnished to
persons who are delinquent beyond customary grace periods in the payment of Reuse and Sewer System
rates,fees and other charges.
ARTICLE VI -DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT. Each of the following events is hereby declared an event of
default:
(1)Failure to fund the Loan Repayment Reserve or to make any Monthly Loan Deposit or to make
any installment of the Semiannual Loan Payment when it is due and such failure shall continue for a period
of thirty(30)days.
(2) Failure to comply with the provisions of this Agreement or failure in the performance or
observance of any of the covenants or actions required by this Agreement, other than as provided in
Subsection 6.01(1), above, or Subsection 6.01(7),below, and such failure shall continue for a period of
sixty(60)days after written notice thereof to the Local Government by the Department.
(3)Any warranty, representation or other statement by, or on behalf of,the Local Government
contained in this Agreement or in any information furnished in compliance with, or in reference to,this
Agreement,which is false or misleading.
(4)An order or decree entered,with the acquiescence of the Local Government, appointing a
receiver of any part of the Reuse or Sewer System or Gross Revenues thereof; or if such order or decree,
having been entered without the consent or acquiescence of the Local Government, shall not be vacated or
discharged or stayed on appeal within sixty(60)days after the entry thereof.
(5)Any proceeding instituted,with the acquiescence of the Local Government, for the purpose of
effecting a composition between the Local Government and its creditors or for the purpose of adjusting the
claims of such creditors,pursuant to any federal or state statute now or hereafter enacted, if the claims of
such creditors are payable from Gross Revenues of the Reuse or Sewer System.
(6)Any bankruptcy, insolvency or other similar proceeding instituted by, or against,the Local
Government under federal or state bankruptcy or insolvency law now or hereafter in effect and, if instituted
against the Local Government, is not dismissed within sixty(60)days after filing.
(7)Failure of the Local Government to give immediate written notice of default to the Department
and such failure shall continue for a period of thirty(30)days.
6.02. REMEDIES. Upon any event of default and subject to the rights of others having prior liens
on the Pledged Revenues,the Department may enforce its rights by any of the following remedies:
(1)By mandamus or other proceeding at law or in equity, cause to establish rates and collect fees
and charges for use of the Reuse and Sewer Systems, and to require the Local Government to fulfill this
Agreement.
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(2)By action or suit in equity, require the Local Government to account for all moneys received
from the Department or from the ownership of the Reuse and Sewer Systems and to account for the receipt,
use, application, or disposition of the Pledged Revenues.
(3)By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of
the rights of the Department.
(4)By applying to a court of competent jurisdiction, cause to appoint a receiver to manage the
Reuse and Sewer Systems, establish and collect fees and charges,and apply the revenues to the reduction
of the obligations under this Agreement.
(5)By certifying to the Comptroller delinquency on loan repayments,the Department may intercept
the delinquent amount plus six(6)percent, expressed as an annual interest rate, penalty of the amount due
to the Department from any unobligated funds due to the Local Government under any revenue or tax
sharing fund established by the State, except as otherwise provided by the State Constitution. Penalty
interest shall accrue on any amount due and payable beginning on the thirtieth(30th)day following the date
upon which payment is due.
(6)By notifying financial market credit rating agencies.
(7)By suing for payment of amounts due, or becoming due,with interest on overdue payments
together with all costs of collection, including attorneys'fees.
(8) By accelerating the repayment schedule or increasing the interest rate by as much as three(3)
percent per annum on the unpaid principal of the Loan for a default under Subsection 6.01(1).
6.03. DELAY AND WAIVER. No delay or omission by the Department to exercise any right or
power accruing upon event of default shall impair any such right or power or shall be construed to be a
waiver of any such default or acquiescence therein, and every such right and power may be exercised as
often as may be deemed expedient. No waiver or any default under this Agreement shall extend to or affect
any subsequent event of default,whether of the same or different provision of this Agreement, or shall
impair consequent rights or remedies.
ARTICLE VII-THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. From and after the
effective date of this Agreement,the Department shall have a lien on the Pledged Revenues prior and
superior to any other lien,pledge or assignment not specifically set forth in this Agreement. Any of the
Pledged Revenues may be released from the lien on such Pledged Revenues in favor of the Department if
the Department makes a determination, based upon facts deemed sufficient by the Department,that the
remaining Pledged Revenues will, in each Fiscal Year, equal or exceed 1.20 times the debt service coming
due in each Fiscal Year under the terms of this Agreement.
7.02. ADDITIONAL DEBT OBLIGATIONS. The Local Government may issue other debt
obligations on a parity with, or senior to,the lien of the Department on the Pledged Revenues provided the
Department's written consent is obtained. To obtain such written consent,the Local Government must
demonstrate that the Pledged Revenues plus revenues to be pledged to the additional proposed debt
obligations will, during the period of time Semiannual Loan Payments are to be made under this
Agreement, equal or exceed 1.20 times the annual debt service requirements of this Agreement plus 1.15
11
times the combined annual debt service requirements of State Revolving Fund Loan Number CS 120825020
and of the obligations proposed to be issued by the Local Government.
ARTICLE VIII -GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS. All payments required to be made under this
Agreement shall be cumulative and any deficiencies in any Fiscal Year shall be added to the payments due
in the succeeding year and all years thereafter until fully paid. Payments shall continue to be secured by
this Agreement until all of the payments required shall be fully paid to the Department. If, at any time,the
Local Government shall have paid, or shall have made provision for the timely payment of,the principal
amount of the Loan and interest required,the pledge of, and lien on,the Pledged Revenues to the
Department shall be no longer in effect. Deposit of sufficient cash, securities, or investments, authorized
by law from time to time, may be made to effect defeasance of this Loan. However,the deposit shall be
made in irrevocable trust with a banking institution or trust company for the sole benefit of the Department.
There shall be no penalty imposed by the Department for early retirement of this Loan.
8.02. PROJECT RECORDS AND STATEMENTS. Books, records, reports, design documents,
contract documents, and papers shall be available to the authorized representatives of the Department and
the U.S. Environmental Protection Agency's Inspector General for inspection at any reasonable time after
the Local Government has received a disbursement and before three(3)years have elapsed after the
Department's final Project disbursement to the Local Government.
8.03. ACCESS TO PROJECT SITE. The Local Government shall provide access to Project sites
and administrative offices to authorized representatives of the Department at any reasonable time. The
Local Government shall cause its engineers and contractors to cooperate during Project inspections,
including making available working copies of plans and specifications and supplementary materials.
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The Department may assign any
part of its rights under this Agreement after notification to the Local Government. The Local Government
shall not assign rights created by this Agreement without the written consent of the Department.
8.05. AMENDMENT OF AGREEMENT. This Agreement may be amended in writing, except
that no amendment shall be permitted which is inconsistent with statutes, rules, regulations, executive
orders, or written agreements between the Department and the U.S. Environmental Protection Agency.
This Agreement may be amended after all construction contracts are executed to re-establish the Project
cost, Loan amount, Project schedule, and Semiannual Loan Payment amount. The final amendment shall
be executed after the final Project cost has been determined by the Department. The final figures shall be
determined after the Project Close-out,which is to be held no sooner than one year after the completion of
construction.
8.06. SEVERABILITY CLAUSE. If any provision of this Agreement shall be held invalid or
unenforceable,the remaining provisions shall be construed and enforced as if such invalid or unenforceable
provision had not been contained herein.
8.07. EXECUTION OF AGREEMENT. This Agreement shall be executed in three or more
counterparts, any of which shall be regarded as an original and all of which constitute but one and the same
instrument.
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ARTICLE IX -CONSTRUCTION CONTRACTS AND INSURANCE
9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS. The following
documentation is required to receive the Department's authorization to award construction contracts:
(1) Proof of advertising.
(2)Award recommendation(including the bid proposal)and bid tabulation, certified by the
engineer responsible for overseeing construction.
(3) Certified copy of the Local Government's tentative award resolution.
(4) Certification of compliance with the conditions of the Department's approval of competitively
or noncompetitively negotiated procurement.
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS. After the
Department's authorization to award construction contracts has been received,the Local Government shall
submit bonding and insurance certifications, construction and payment schedules, notices to proceed with
construction, itemized construction cost breakdowns, and executed contract documents.
9.03. INSURANCE REQUIRED. The Local Government shall require contractors to file
performance and payment bonds for the full amount of the contracts. The Local Government shall cause
insurance, including that issued through the National Flood Insurance Program authorized under 42 U.S.C.
secs. 4001-4128 when applicable,to be obtained and maintained against such risks as is customary during
construction. The Local Government shall require contractors to furnish workers' compensation,
comprehensive general liability, vehicle liability, and property damage insurance, including builder's
standard "all-risk" insurance to the extent that coverage is available from time to time against any one or
more of such risks. Contractors' indemnification obligations shall be described in the construction contract
documents.
The Local Government shall cause the Project, as each part thereof is certified by the engineer
responsible for overseeing construction as completed, and the Reuse and Sewer Systems (hereafter referred
to as "Revenue Producing Facilities")to be insured by an insurance company or companies licensed to do
business in the State of Florida against such damage and destruction risks as are customary for the
operation of Revenue Producing Facilities of like size,type and location in the amounts recommended by
an independent consultant to the extent such insurance is obtainable from time to time against any one or
more of such risks.
As documentation of insurance coverage,the Local Government shall file the following with the
Department:
(1)A certification describing the performance and payment bonds of contractors that have been
retained for construction of the Project.
(2)A certification for each construction contract assuring that the required insurance is being
carried during construction.
(3) A certification of insurance specifically describing the Project and the other Revenue Producing
Facilities; stating that these facilities are covered; stating the specific risks covered,the amount of coverage
provided against those risks, and whether the risks covered are those customarily insured against for
13
Revenue Producing Facilities of like size,type and location to the extent that such insurance is obtainable
at the time of the certification; and that the insurance coverage is adequate. This certification shall be
submitted annually and may be included as part of the certification required by Subsection 2.01(14)herein.
(4) Such other certificates or documents by consultants, insurance carriers, or Local Government
officials concerning insurance coverage as may reasonably be required by the Department.
The proceeds of insurance policies received as a result of damage to, or destruction of,the Project
or the other Revenue Producing Facilities, shall be used to restore or replace damaged portions of the
facilities. If such proceeds are insufficient,the Local Government shall provide additional funds to restore
or replace the damaged portions of the facilities. Repair, construction or replacement shall be promptly
completed.
ARTICLE X-DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN. The estimated principal amount of the Loan is
$2,211,573,which consists of$2,182,000 authorized for disbursement and $29,573 of estimated
Capitalized Interest. Capitalized Interest is not disbursed to the Local Government, and the Loan Service
Fee is disbursed directly to the Department's Operating Trust Fund.
10.02. PROJECT COSTS. The Local Government and the Department acknowledge that the
actual cost of the Project has not been determined as of the effective date of this Agreement. Project cost
adjustments may be made as a result of construction bidding or mutually agreed upon Project changes.
Additional Loan Repayment Reserve Account and Loan Service Fee amounts will be established for any
Additional Completion Loan. Capitalized Interest will be recalculated based on actual dates and amounts
of Loan disbursements. The final cost shall be established after all Project costs are reviewed by the
Department. Changes in Project costs may also occur as a result of the Local Government's Project audit
or a Department audit pursuant to the Rule. The Local Government agrees to the estimates of Project costs
set forth on Attachment A.
10.03. PROJECT SCHEDULE. The Local Government agrees by execution hereof:
(1)The disbursement of administrative and engineering allowances will be made upon request of
the Local Government.
(2)The schedule for Loan disbursements is set forth on Attachment B.
(3)The date scheduled for initiation of Project construction is December 15, 1995.
(4)The date scheduled for completion of Project construction is October 15, 1996.
(5)The date by which the Loan Repayment Reserve Account is to be established and by which the
full amount is to be deposited is October 15, 1996.
(6)The date by which the monthly escrow account is to be established and by which Monthly Loan
Deposits are to begin is October 15, 1996.
(7)The date by which the first Semiannual Loan Payment becomes due is April 15, 1997.
14
(8)The date by which the first annual certification becomes due under Subsection 2.01(15) of this
Agreement is July 15, 1997.
(9)The Department shall conduct an inspection of the Project after construction completion at
which time certain specific deadlines limiting Project cost eligibility shall be established. These deadlines
shall be incorporated into the Loan Agreement by amendment.
10.04. INTEREST RATE. The rate of interest on the unpaid principal of the Loan is 2.97 percent
per annum; however, if this Agreement is not executed by the Local Government and the Department
before January 1, 1996,the interest rate shall be adjusted pursuant to Rule 62-503.430. A separate interest
rate shall be established for any Additional Completion Loan.
10.05. LOAN TERM. The Loan shall be repaid in forty(40) Semiannual Loan Payments.
10.06. REPAYMENT SCHEDULE. The first Semiannual Loan Payment shall be computed
based upon the principal amount of the Loan, as estimated under Section 10.01,the estimated disbursement
schedule identified in Attachment B, and level debt service. Subsequent Semiannual Loan Payments may
be adjusted based upon revised Project cost and disbursement information. Any remaining installments
shall be equal and shall be based upon the actual Project costs and actual dates and amounts of
disbursements to the Local Government after adjustment for any overpayment, or underpayment,
associated with the amount of previous Semiannual Loan Payments. Actual Project costs shall be
established after completion of Project construction,the Department's inspection of the Project and
associated records, and amendment of the Loan Agreement. Each Semiannual Loan Payment shall be in
the amount of$73,724 until this Agreement is amended. The interest portion of each Semiannual Loan
Payment shall be computed on the unpaid balance of the principal amount of the Loan, including
Capitalized Interest. Interest shall be computed as of the due date of the Semiannual Loan Payment.
Semiannual Loan Payments shall be received by the Department beginning on or before April 15, 1997 and
semiannually thereafter on October 15 and April 15 of each year until all amounts due hereunder have
been fully paid. Funds transfer shall be made by electronic means or by means of magnetic tape.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
15
ARTICLE XI- SIGNATURE PAGE
This Loan Agreement CS 120825030 shall be executed in three or more counterparts, any of which
shall be regarded as an original and all of which constitute but one and the same instrument. This
Agreement incorporates Attachments A and B hereto.
IN WITNESS WHEREOF,the Department has caused this Agreement to be executed on its behalf
by the Secretary of the Department and the Local Government has caused this Agreement to be executed on
its behalf by its Authorized Representative and by its affixed seal. The effective date of this Agreement
shall be as set forth below by the Secretary of the Department.
for
CIT APE CANAVE
-Mayor
Attest:
C` ES4„.
YI S
City Clerk
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary Date
16
ATTACHMENT A: PROJECT COSTS
The Local Government and the Department acknowledge that the actual cost of the Project has not
been determined. Project cost adjustments may be made as a result of construction bidding or mutually
agreed upon Project changes. Additional Loan Repayment Reserve Account and Loan Service Fee
amounts will be established for any Additional Completion Loan. Capitalized Interest will be recalculated
based on actual dates and amounts of Loan disbursements. The final cost shall be established after all
Project costs are reviewed by the Department. Changes in Project costs may also occur as a result of the
Local Government's Project audit or a Department audit pursuant to the Rule. The estimated Project costs
are as follows:
AUTHORIZED LOAN
CATEGORY COST($) AMOUNT($)TO DATE
(1)Administrative Allowance 12,000
(2)Engineering Allowance 164,900 Line items
(3) Construction and Demolition 1,750,000
(4)Equipment and Materials 0 may vary
(5)Land 0
(6) Contingencies 175,000 based on
(7)Technical Services During Construction
Contractual 10,000 actual
Force Account 0
(8) Financing disbursements
Short Term 0
Refinancing 0
(9) Start-up 5,000
SUBTOTAL 2,116,900 2,098,076
(10)Loan Repayment Reserve* 42,338 41,962
(11)Loan Service Fee* 42,338 41,962
SUBTOTAL 2,201,576 2,182,000
(12) Capitalized Interest 29,600 29,573
TOTAL 2,231,176 2,211,573
*The Loan Repayment Reserve and Loan Service Fee each represent two percent of the Loan amount
excluding the Capitalized Interest, Loan Repayment Reserve,and Loan Service Fee amounts;that is 2.0
percent of$2,098,076 for the Loan amount authorized to date.
17
ATTACHMENT B: LOAN DISBURSEMENT SCHEDULE
The estimated schedule for disbursement of Loan proceeds follows:
Date Amount
December, 1995 $ 125,000
January 1996 250,000
February 1996 300,000
March 1996 350,000
April 1996 200,000
May 1996 200,000
June 1996 150,000
July 1996 125,000
August 1996 132,000
September 1996 132,000
October 1996 218,000
The total amount to be disbursed is $2,182,000. This amount is equal to the estimated Loan principal less
Capitalized Interest. It includes the Loan Service Fee which is disbursed directly to the Department.
18
• `R`PRRTION ta"
Department of
FIORA
Environmental Protection
Twin Towers Office Building
Lawton Chiles 2600 Blair Stone Road Virginia B.Wetherell
Governor Tallahassee, Florida 32399-2400 Secretary
FEDERAL EXPRESS FILE CO . IST'IBUTION
M. or ggl/
City Council •
October 19, 1995 City Atty.
Pub.Works Dir.
Mr. Bennett C. Boucher Cit Mana Building Orf.
, y ger Finance Dir.
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: CS120825030 - Cape Canaveral
Reclaimed Water Reuse Facilities
Dear Mr. Boucher:
Enclosed is a draft of the proposed State Revolving Fund loan agreement for your Reclaimed
Water Reuse Facilities. This agreement is similar to your other loan agreement (Number
CS 120825020), but there are differences reflecting the Department's current standard form
agreement. Generally, the changes are stylistic or for clarification and are not substantive. For
example, the enclosed agreement uses the term Gross Revenues rather than Revenues and also
defines Net Revenues. Since the reuse system revenues are pledged for repayment of this loan,
the agreement defines the Reuse System and includes several references to it.
The enclosed agreement is presented in "strike-through/underline" format with vertical bars in the
margins to assist you in identifying differences from your other agreement. The underlined words
represent inserted text. The strike-throughs represent deleted text. Not all of the replaced
(deleted)text is included since that text was not in the standard form agreement used as a
template to prepare this document. However, the underlining will assist you in identifying
provisions of the agreement which have changed.
Also enclosed is a computer worksheet used to estimate capitalized interest and the semiannual
loan payment. Initially, estimated amounts are included in the agreement. After project
completion, the agreement will be amended to reflect actual disbursement amounts and dates.
The interest rate for loan agreements executed during the current October-December quarter is
2.97 percent. The first semiannual loan payment is scheduled for April 15, 1997. This date will
be fixed. The project schedule is as we discussed.
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
Mr. Bennett C. Boucher
October 19, 1995
Page 2
Please review the proposed agreement and advise me by November 3 if it is acceptable to the
City. Verify that the signature page is acceptable. Upon hearing from you, we will prepare the
final document. Timely execution of the agreement is necessary for the current interest rate.
If you want to discuss any part of the agreement, please call me at 904/488-8163.
Sincerely,
Gerald Hefting, Senior Management Analyst
Bureau of Water Facilities Funding
GH/
Enclosures
cc: Gary Revoir-Hartman and Associates/Orlando
Christianne Ferraro - DEP/Orlando
Al Castro -DEP/Orlando
825030.XLS Page 1
10/15/96 <--Loan Start Date
Applicant: Cape Canaveral Original Loan 2,182,000.00
Project No. : CS120825030
Analysis Date: 10/17/95
Interest Rate: 2.97%
Term: 20 Years (40 Semiannual Payments)
CAPITALIZED INTEREST CALCULATION
--Disbursement-- --Period-- Capitalized Interest
--Date-- Principal ($ Years Days Years ($) Days ($) Total ($)
12/15/95 125,000 0 305 0.00 3,102.23 3,102.23
01/15/96 250,000 0 274 0.00 5,573.84 5,573.84
02/15/96 300,000 0 243 0.00 5,931.86 5,931.86
03/15/96 350,000 0 214 0.00 6,094.60 6,094.60
04/15/96 200,000 0 183 0.00 2,978.14 2,978.14
05/15/96 200,000 0 153 0.00 2,489.92 2,489.92
06/15/96 150,000 0 122 0.00 1,489.07 1,489.07
07/15/96 125,000 0 92 0.00 935.75 935.75
08/15/96 132,000 0 61 0.00 655.19 655.19
09/15/96 132,000 0 30 0.00 322.22 322.22
10/15/96 218,000 0 0 0.00 0.00 0.00
2,182,000` 0.00 29,572.82 29,572.82
Capitalized Interest $29,572.82
Loan Principal (incl. Capitalized Interest) $2,211,572.82
Semiannual Loan Repayments $73,724.21
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF CAPE CANAVERAL, FLORIDA
STATE REVOLVING FUND
CONSTRUCTION LOAN AGREEMENT
CS120825030
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee,Florida 32399-2400
DRAFT-October 18, 1995
STATE REVOLVING FUND LOAN AGREEMENT CS 120825030
CONTENTS PAGE
ARTICLE I DEFINITIONS
1.01. WORDS AND TERMS. 1
1.02. CORRELATIVE WORDS. 3
ARTICLE II WARRANTIES, REPRESENTATIONS AND COVENANTS
2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. 3
2.02. CONDITIONS PRECEDENT. 6
ARTICLE III MONTHLY ESCROW AND LOAN REPAYMENT ACCOUNTS
3.01. MONTHLY ESCROW ACCOUNT. 6
3.02. INVESTMENT OF ESCROW MONEYS. 6
3.03. ESCROW WITHDRAWALS. 7
3.04. LOAN REPAYMENT RESERVE ACCOUNT. 7
3.05. LOAN REPAYMENT RESERVE WITHDRAWALS. 7
3.06. RESTORATION OF LOAN REPAYMENT RESERVE ACCOUNT. 7
3.07. INVESTMENT OF LOAN REPAYMENT RESERVE MONEYS. 7
3.08 ASSETS HELD IN TRUST. 7
ARTICLE IV PROJECT INFORMATION
4.01. PROJECT CHANGES. 7
4.02. TITLE TO PROJECT SITE. 8
4.03. PERMITS AND APPROVALS. 8
4.04. ENGINEERING SERVICES. 8
4.05. PROHIBITION AGAINST ENCUMBRANCES. 8
4.06. COMPLETION MONEYS. 8
4.07. SURPLUS LOAN FUNDS. 8
4.08. LOAN DISBURSEMENTS. 8
ARTICLE V RATES AND USE OF THE REUSE AND SEWER SYSTEMS
5.01. RATE COVERAGE. 9
5.02. NO FREE SERVICE. 9
5.03. MANDATORY CONNECTIONS. 9
5.04.NO COMPETING SERVICE. 9
5.05. MAINTENANCE OF THE REUSE AND SEWER SYSTEMS. 9
5.06. ADDITIONS AND MODIFICATIONS. 9
5.07. COLLECTION OF REVENUES. 10
ARTICLE VI DEFAULTS AND REMEDIES.
6.01. EVENTS OF DEFAULT. 10
6.02. REMEDIES. 10
6.03. DELAY AND WAIVER. 11
DRAFT-October 18, 1995
CONTENTS PAGE
ARTICLE VII THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. 11
7.02. ADDITIONAL DEBT OBLIGATIONS. 11
ARTICLE VIII GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS. 12
8.02. PROJECT RECORDS AND STATEMENTS. 12
8.03. ACCESS TO PROJECT SITE. 12
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. 12
8.05. AMENDMENT OF AGREEMENT. 12
8.06. SEVERABILITY CLAUSE. 13
8.07. EXECUTION OF AGREEMENT. 13
ARTICLE IX CONSTRUCTION CONTRACTS AND INSURANCE
9.01 AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS. 13
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS. 13
9.03. INSURANCE REQUIRED. 13
ARTICLE X DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN. 14
10.02. PROJECT COSTS. 14
10.03. PROJECT SCHEDULE. 15
10.04. INTEREST RATE. 15
10.05. LOAN TERM. 15
10.06. REPAYMENT SCHEDULE. 15
ARTICLE XI SIGNATURE PAGE 16
ATTACHMENT A: PROJECT COSTS. 17
ATTACHMENT B: LOAN DISBURSEMENT SCHEDULE. 18
I
ii DRAFT-October 18, 1995
STATE REVOLVING FUND LOAN AGREEMENT CS120825030
THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department)and the CITY OF CAPE CANAVERAL, FLORIDA,
existing as a local government agency(Local Government)under the laws of the State of Florida.
WITNESSETH:
WHEREAS,pursuant to Section 403.1835, Florida Statutes,the Department is authorized to make
loans to local government agencies to finance or refinance the construction of wastewater pollution control
facilities,the planning and design of which have been reviewed by the Department; and
WHEREAS,the Local Government has made application for the financing of the Project, and the
Department has determined that such Project meets all requirements for a loan;
NOW, THEREFORE, in consideration of the Department loaning money to the Local
Government, in the principal amount and the covenants hereinafter set forth, it is agreed as follows:
ARTICLE I-DEFINITIONS
1.01. WORDS AND TERMS. Words and terms used herein shall have the meanings set forth
below:
(1) "Additional Completion Loan"shall mean a loan subsequent to the Loan authorized by this
Agreement,which may be made to the Local Government by the Department for the purpose of furnishing
additional funds to complete the Project. The interest rate for any Additional Completion Loan shall be
established pursuant to the Rule(Chapter 62-503 of the Florida Administrative Code).
(2) "Agreement"or"Loan Agreement"shall mean this agreement, including any amendments
hereto.
(3) "Authorized Representative"shall mean the official of the Local Government authorized by
ordinance or resolution to sign documents associated with the Loan.
(4) "Capital Contribution"shall mean moneys from such sources as impact fees, assessments, and
contributions in-aid-to-construction.
(5) "Capitalized Interest"shall mean interest accruing on a loan before repayment begins.
Capitalized interest shall be included in the principal of the Loan. Capitalized interest is not disbursed to
the Local Government,but it shall be amortized via periodic loan repayments to the Department as if it
were actually disbursed. Capitalized interest shall be computed at the interest rate set for the Loan. It
accrues and is compounded annually from the time when disbursements are made until six months before
the first Semiannual Loan Payment is due.
(6) "Cost of Construction"shall mean the costs for furnishing and installing, equipping,
constructing, altering, remodeling, or improving facilities. It shall also mean the cost of interim financing,
1 DRAFT-October 18, 1995
refinancing, or payment of other debt of the Local Government,the proceeds of which were used for the
foregoing purposes.
(7) "Depository"or"Qualified Public Depository"shall mean a bank or savings association
organized and existing under the laws of the State of Florida and any bank or savings association organized
under the laws of the United States that has it principal place of business in the State of Florida or has a
branch office which is authorized under the laws of the State of Florida or of the United States to receive
deposits in the State of Florida,that meets all of the requirements of Chapter 280, Florida Statutes,that has
a combined capital and unimpaired surplus of not less than$50 million, and that has been designated by the
Treasurer of the State of Florida as a qualified public depository.
(8) "Gross Revenues"shall mean all income or earnings received by the Local Government from
the ownership or operation of its Reuse and Sewer Systems, including investment income, all as calculated
in accordance with generally accepted accounting principles. Gross Revenues shall not include proceeds
from the sale or other disposition of any part of the Reuse or Sewer System, condemnation awards or
proceeds of insurance, except use and occupancy or business interruption insurance, received with respect
to the Reuse or Sewer System.
(9) "Loan"shall mean the amount of money, including any Additional Completion Loan amounts,
to be loaned pursuant to this Agreement.
(10) "Loan Application" shall mean Form 62-503.900(2),along with the supporting documentation
required under the Rule(Chapter 62-503 of the Florida Administrative Code), submitted to the Department
by the Local Government.
(11) "Loan Repayment Reserve Account"shall mean the account into which will be deposited the
amount set aside to pay unexpected deficiencies, if any, in the Semiannual Loan Payment.
(12) "Loan Service Fee"shall mean an origination fee to be paid to the Department by the Local
Government. It shall be based on the Loan amount, excluding the Capitalized Interest, Loan Repayment
Reserve and Loan Service Fee amounts. The fee may be paid with Loan proceeds and amortized. The fee
will be used by the Department to pay for program administration.
(13) "Monthly Loan Deposit" shall mean the monthly deposit to be made by the Local Government
to an escrow account for the purpose of making the Semiannual Loan Payments.
(14) "Net Revenues"shall mean Gross Revenues less the Operation and Maintenance Expense.
(15) "Operation and Maintenance Expense"shall mean the expenses of operation, maintenance,
and ordinary repairs of the Reuse and Sewer Systems and shall include,without limiting the generality of
the foregoing, insurance premiums, administrative expenses of the Local Government relating solely to the
Reuse and Sewer Systems, and such other reasonable operating expenses relating to the Reuse and Sewer
Systems as shall be in accordance with generally accepted accounting principles. Operation and
Maintenance Expense shall not include interest on any debt payable from the Gross Revenues, depreciation
or other items not requiring the expenditure of cash.
(16) "Pledged Revenues"shall mean the specific revenues pledged as security for repayment of the
Loan and shall be the Net Revenues after the satisfaction of all payment obligations on account of(i)the
City of Cape Canaveral, Florida, Sewer Revenue Bonds, Series A, 1966 and(ii)the City of Cape
Canaveral, Florida, Sewer Revenue Bonds, Series B, 1966. There is also a pledge of the Sewer System
2 DRAFT-October 18, 1995
portion of the Net Revenues, on a parity with the pledge under this Agreement, for the repayment of State
Revolving Fund Loan Number CS 120825020.
(17) "Project"shall mean the works financed by this loan. It consists of furnishing all labor,
materials, and equipment to construct the Local Government's reclaimed water reuse system in accordance
with the following plans and specifications accepted by the Department:
(a)"Phase I-Reclaimed Water System Improvements,Effluent Reuse Transmission Main",.dated
April 1995; and
(.b)___Additive Alternate B(reject-water holding__tank, storage tank high service pumps,effluent
transfer pumps, and all related mechanical, electrical, instrumentation, and piping work)as set forth in
Addendum Number 4 issued for"Bid Form" Section 00300B,to the plans and specifications entitled"City
of Cape Canaveral Wastewater Treatment Plant Improvements", dated December 1994.
The Project is in agreement with the"City of Cape Canaveral Wastewater System Facilities Plan",
dated November 1994, and the "Engineering Report-City of Cape Canaveral Reuse/Land Application
SXstem'i dated July__1994. Approval of this Project is provided by the Florida Categorical Exclusion
Notification issued on April 28, 1995. The Project is not an Equivalency Project as defined in the Rule.
(18) "Reuse System"shall mean all facilities owned by the Local Government for the transmission
and distribution of reclaimed water for a beneficial purpose. Reclaimed water is water that has received at
least secondary treatment and is reused after flowing out of a wastewater treatment facility_
(19) "Rule"shall mean the State Revolving Loan Program Rule, Chapter 62-503 (formerly
Chapter 17-503)of the Florida Administrative Code.
(20) "Semiannual Loan Payment"shall mean the payment due from the Local Government to the
Department at six-month intervals, and it is comprised of principal and interest.
(21) "Sewer System"shall mean all facilities owned by the Local Government for collection,
transmission,treatment and reuse of wastewater and its residuals.
(22) "Water System"shall mean all facilities owned by the Local Government for supplying and
distributing water for residential, commercial, industrial, and governmental use.
1.02. CORRELATIVE WORDS. Words of the masculine gender shall be understood to include
correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate,the
singular shall include the plural and the word "person" shall include corporations and associations,
including public bodies, as well as natural persons. Capitalized words not otherwise defined herein shall be
defined as set forth in the Rule.
ARTICLE II-WARRANTIES, REPRESENTATIONS AND COVENANTS
2.01.WARRANTIES, REPRESENTATIONS AND COVENANTS. The Local Government
warrants, represents and covenants that:
3 DRAFT-October 18, 1995
(1)The Local Government has full power and authority to enter into this Agreement and to comply
with the provisions hereof.
(2)The Local Government is not the subject of bankruptcy, insolvency, or reorganization
proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative
regulation,judgment, decree,note, resolution, charter or ordinance which would currently restrain or enjoin
it from entering into, or complying with,this Agreement.
(3)There is no material action, suit,proceeding, inquiry or investigation, at law or in equity,before
any court or public body, pending or,to the best of the Local Government's knowledge,threatened,which
seeks to restrain or enjoin the Local Government from entering into or complying with this Agreement.
(4)The Local Government shall not issue bonds, notes or other evidences of indebtedness in any
manner secured by Pledged Revenues without the written consent of the Department.
(5)All permits, real property interests, and approvals required as of the date of this Agreement
have been obtained for construction and use of the Project. The Local Government knows of no reason
why any future required permits or approvals are not obtainable.
(6)The Local Government shall undertake the Project on its own responsibility,to the extent
permitted by law.
(7)To the extent provided by Section 768.28 of the Florida Statutes,the Local Government shall
release and hold harmless the State, its officers,members, and employees from any claim arising in
connection with the Local Government's actions or omissions in its planning, design, construction or
operation of the Project.
(8)All Local Government representations to the Department,pursuant to the Loan Application and
Agreement, are true and accurate. The Local Government shall comply with all applicable State and
Federal laws, rules, and regulations which are identified in the Loan Application or Agreement. Laws,
rules, and regulations which apply only to Equivalency Projects, pursuant to the Rule, do not apply to this
project. To the extent that any assurance, representation, or covenant requires a future action,the Local
Government shall take such action as is necessary for compliance.
(9)The financial information delivered by the Local Government to the Department is current and
correct. The Local Government shall provide the Department with additional financial information via
audits required by the Rule, notification of changing conditions adversely affecting the Local Government's
ability to repay this Loan, or upon request of the Department.
(10)The Local Government shall maintain records using Generally Accepted Governmental
Accounting Standards established by the Government Accounting Standards Board. As part of its
bookkeeping system,the Local Government shall keep accounts of the Reuse and Sewer Systems separate
from all other accounts and it shall keep accurate records of all Gross Revenues, Pledged Revenues,
Capital Contributions, Loan disbursement receipts, expenses, and expenditures relating to the Reuse and
Sewer Systems.
(11) In the event the anticipated Pledged Revenues are shown by the Local Government's annual
budget to be insufficient to make the Semiannual Loan Payments for such Fiscal Year when due,the Local
Government shall include in such budget other legally available funds, other than ad valorem tax revenues,
which will be sufficient,together with the Pledged Revenues,to make the Semiannual Loan Payments.
4 DRAFT-October 18, 1995
Such other legally available funds shall be budgeted in the regular annual governmental budget and
designated for the purpose provided by this Subsection, and the Local Government shall collect such funds
for application as provided herein. The Local Government shall notify the Department immediately in
writing of any such budgeting of other legally available funds. Nothing in this covenant shall be construed
as creating a pledge, lien, or charge upon any such other legally available funds; requiring the Local
Government to levy or appropriate ad valorem tax revenues; or preventing the Local Government from
pledging to the payment of any bonds or other obligations all or any part of such other legally available
funds.
(12) Beginning with the Fiscal Year during which the Loan is executed and for each year until the
Loan is retired,the Local Government shall submit annual audit reports to the Department. Reports shall
be submitted within one year after the end of each audited Fiscal Year. Audits shall be conducted in
accordance with"Government Auditing Standards" (1988)issued by the Comptroller General of the United
States.
Beginning with the Fiscal Year during which the Loan is made and continuing through the Fiscal
Year during which the final Loan disbursement to the Local Government is received, audits shall be
conducted under the Office of Management and Budget Circular A-128, "Audits of State and Local
Governments" (1985),which provides policies, procedures, and guidelines for the Single Audit Act of
1984. The Loan shall be treated as a major Federal assistance program regardless of the disbursed amount
received during the Fiscal Year being audited.
Beginning with the first Fiscal Year after the final loan disbursement to the Local Government is
received and ending with the Fiscal Year during which the Loan is retired, financial audits shall be
conducted as required under Section 11.45 of the Florida Statutes.
(13)Beginning with the first Fiscal Year during which Monthly Loan Deposits to a debt service
account are required and continuing through the Fiscal Year during which the Loan is retired,the Local
Government shall cause its auditor to comment on its compliance with the Loan Agreement covenants-and
• . . .. - _...-. The Department shall be notified immediately if anything comes to the
auditor's attention during the annual examination of the Local Government's records that would constitute a
default under the Loan Agreement or adversely affect the Local Government's ability to repay the Loan; or
the audit report shall include a statement to the effect that nothing came to the auditor's attention that would
constitute a default under the Loan Agreement : •• - • - , -• • . • -• '
the-Lean.
(14)Within 12 months of Project Close-out,the Local Government shall submit to the Department
a separate audit, by an independent certified public accountant, of the Loan revenues and expenditures.
The audit shall be conducted in accordance with"Government Auditing Standards" (1988)issued by the
Comptroller General of the United States. The audit shall address whether the Local Government complied
with requirements set forth in the Loan Agreement. The audit findings shall set aside or question any costs
that are unallowable under the Rule. A final determination of the allowability of such costs shall be made
by the Department.
(15)Each year, beginning with 1997 and ending with the year during which the final Loan
repayment is made,the Local Government's Authorized Representative or its chief financial officer shall
submit a certification no later than July 15 that: (a)Pledged Revenue collections satisfy, on a pro rata
basis,the rate coverage requirement; (b)the Monthly Escrow Account contains the funds required; (c)the
Loan Repayment Reserve Account contains the funds required; and(d) insurance, including that issued
5 DRAFT-October 18, 1995
through the National Flood Insurance Program authorized under 42 U.S.C. secs. 4001-4128 when
applicable, in effect for the facilities generating the Pledged Revenues, adequately covers the customary
risks to the extent that such insurance is available.
(16)Pursuant to Section 216.349 of the Florida Statutes,the Local Government shall not use the
Loan proceeds for the purpose of lobbying the Florida Legislature,the Judicial Branch, or a State agency.
(17)The Local Government agrees to construct the Project in accordance with the Project
schedule. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of
the Local Government are excepted. If for any reason construction is not completed by the specified
completion date,there shall be no resulting diminutions or delay in the Semiannual Loan Payment or the
Monthly Loan Deposit or funding of the Loan Repayment Reserve Account.
(18)The Local Government covenants that this Agreement is entered into for the purpose of
constructing, refunding, or refinancing the Project which will in all events serve a public purpose. The
Local Government covenants that it will,under all conditions, complete and operate the Project to fulfill the
public need.
2.02. CONDITIONS PRECEDENT. As conditions precedent to the execution of this Agreement
by the Department,the Local Government shall deliver an opinionor opinions,of its counsel that:
(1)This Agreement has been duly authorized by the Local Government and shall constitute a valid
and legal obligation of the Local Government in accordance with its terms upon execution by both parties.
(2)This Agreement specifies the revenues pledged for repayment of the Loan, and the pledge is
valid and enforceable.
ARTICLE III -MONTHLY ESCROW AND LOAN REPAYMENT ACCOUNTS
3.01. MONTHLY ESCROW ACCOUNT. The Local Government shall establish a monthly
escrow account with a Depository. The Local Government shall make a Monthly Loan Deposit from the
Pledged Revenues to the monthly escrow account beginning no later than the date set forth for such action
in Section 10.03 of this Agreement.
In any month in which the amount on deposit in the monthly escrow account does not equal or
exceed five-sixths (5/6)of the Semiannual Loan Payment,the Depository shall be required to promptly
notify the Department in writing if the Local Government fails to make a Monthly Loan Deposit which
equals or exceeds one-sixth(1/6)of the Semiannual Loan Payment. In the event there is an insufficient
amount in the monthly escrow account thirty(30) days prior to each Semiannual Loan Payment,the Local
Government agrees to budget, by amendment if necessary, payment to the Department from other legally
available funds, other than ad valorem tax revenues, all sums becoming due before the same become
delinquent. This requirement shall not be construed to give superiority to the Department's claim on any
revenues over prior claims of general creditors of the Local Government,nor shall it be construed to give
the Department the power to require the Local Government to levy and collect any revenues other than
Pledged Revenues.
3.02. INVESTMENT OF ESCROW MONEYS. Upon the direction of the Local Government, a
Depository shall invest escrowed moneys pursuant to the laws of the State of Florida. The investment
6 DRAFT-October 18, 1995
earnings shall be credited to the monthly escrow account. The maturity or redemption date of investments
shall be not later than the date upon which such moneys may be needed to make Semiannual Loan
Payments.
3.03. ESCROW WITHDRAWALS. The withdrawal of moneys from the monthly escrow
account shall be for the purpose of making the Semiannual Loan Payment.
3.04. LOAN REPAYMENT RESERVE ACCOUNT. A Loan Repayment Reserve Account shall
be established with a Depository in the amount of 0.02 times the Loan amount excluding the portion of the
Loan representing the Loan Repayment Reserve, Loan Service Fee and Capitalized Interest. The Local
Government shall establish the Loan Repayment Reserve Account and deposit the full amount into the
account no later than the date set forth for such action in Section 10_03 of this Agreement. The required
reserve deposit amount is specified on Attachment A.
3.05. LOAN REPAYMENT RESERVE WITHDRAWALS. The Loan Repayment Reserve
Account shall be used by the Local Government to cure a temporary deficiency in any Semiannual Loan
Payment. The Depository shall be required to promptly notify the Department upon any withdrawal from
the Account. Any unused portion of the Loan Repayment Reserve Account shall be applied to the final
Semiannual Loan Payment, and any portion of the Loan Repayment Reserve Account in excess of the final
Semiannual Loan Payment amount shall be applied to the preceding Semiannual Loan Payment.
3.06. RESTORATION OF LOAN REPAYMENT RESERVE ACCOUNT. A default causing the
Local Government to use the Loan Repayment Reserve Account or the use of the Account to prevent
default shall result in the Local Government being responsible for making special deposits to restore its
Loan Repayment Reserve Account. Special restoration deposits shall be made from the first moneys
legally available to the Local Government for such purpose.
3.07. INVESTMENT OF LOAN REPAYMENT RESERVE MONEYS. Upon the direction of
the Local Government, a Depository shall invest reserved moneys pursuant to the laws of the State of
Florida. The maturity or redemption date of investments shall be not later than the date set for the final
Semiannual Loan Payment provided, however,that moneys must be available for withdrawal, if necessary,
pursuant to Section 3.05 of this Agreement. All investment income and earnings shall be credited to the
Loan Repayment Reserve Account.
3.08 ASSETS HELD IN TRUST. The assets in each of the accounts created under this Loan
Agreement shall be held in trust for the purposes provided herein and used only for the purposes and in the
manner prescribed in this Agreement; and,pending such use, said assets shall be subject to a lien and
charge in favor of the Department.
ARTICLE IV-PROJECT INFORMATION
4.01. PROJECT CHANGES. Project changes prior to bid opening shall be made by addendum to
plans and specifications. Changes after bid opening shall be made by change order. The Local
Government shall submit all addenda and all change orders to the Department. Any change order which
affects the Project performance standards or which increases the contract amount by more than one
hundred thousand dollars ($100,000)or which alters the Project purpose requires written approval by the
Department.
7 DRAFT-October 18, 1995
4.02. TITLE TO PROJECT SITE. The Local Government shall have an interest in real property
sufficient for the construction and location of the Project free and clear of liens and encumbrances which
would impair the usefulness of such sites for the intended use.
4.03. PERMITS AND APPROVALS. The Local Government shall have obtained, prior to the
Department's authorization to award construction contracts, all permits and approvals required for the
construction of the Project or portion of the Project funded under this Agreement. The Local Government
shall obtain operation permits, if applicable,when construction is complete.
4.04. ENGINEERING SERVICES. A professional engineer, registered in the State of Florida,
shall be employed by, or under contract with,the Local Government to oversee construction.
4.05. PROHIBITION AGAINST ENCUMBRANCES. The Local Government is prohibited from
selling, leasing or disposing of any part of the Reuse or Sewer System which would reduce operational
integrity, or Gross Revenues, so long as this Agreement is in effect unless the written consent of the
Department is first secured.
4.06. COMPLETION MONEYS. In addition to the proceeds of this Loan,the Local Government
covenants that it has obtained, or will obtain, sufficient moneys from other sources to complete
construction and place the Project in operation on, or prior to,the date specified in Article X. Failure of
the Department to approve an Additional Completion Loan shall not constitute a waiver of the Local
Government's covenants to complete and place the Project in operation.
4.07. SURPLUS LOAN FUNDS. Upon execution of all construction, equipment and materials
contracts,the Project contingency shall be reduced to not more than five(5)percent of the sum of the as-
bid prices for all such contracts. After Project performance certification by the Local Government,the
Department will establish the final Project costs to be financed by the Loan. The Loan Service Fee may be
adjusted and the balance of Loan funds remaining will be eliminated. The principal amount of the Loan
will be adjusted by the Department. This adjustment will reduce, on a pro rata basis,the amount of the
remaining Semiannual Loan Payments.
4.08. LOAN DISBURSEMENTS. Disbursements shall be made only upon the issue of warrants
signed by the State Comptroller and only when the requests for such warrants are accompanied by a
Department certification that such withdrawals are proper expenditures. The disbursement of moneys may
be made by electronic means or by means of a magnetic tape or other transfer medium. Disbursements
shall be made directly to the Local Government for design and administration allowances; reimbursement
of the incurred Cost of Construction and related services; establishing a Loan Repayment Reserve; and
Project performance certification services. The disbursement of the Loan Service Fee,when included in the
Loan principal, will be made directly to the Department's Operating Trust Fund in the increments and at the
times set forth in Rule 62-503.400. Disbursement of the allowances to the Local Government shall be
made upon the Department's receipt of a disbursement request form. Disbursements for materials, labor,
or services shall be made upon receipt of the following:
(1)A completed disbursement request form signed by the Authorized Representative. Such
requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to
identify the nature of the work performed;the cost or charges for such work; and the person providing the
service or performing the work.
8 DRAFT-October 18, 1995
(2)A certification signed by the Authorized Representative as to the current estimated costs of the
Project;that the materials, labor, or services represented by the invoice have been satisfactorily purchased,
performed, or received and applied to the project;that all funds received to date have been applied toward
completing the Project; and that under the terms and provisions of the contracts,the Local Government is
required to make such payments.
(3)A certification by the engineer responsible for overseeing construction stating that equipment,
materials, labor and services represented by the construction invoices have been satisfactorily purchased, or
received, and applied to the Project in accordance with construction contract documents; stating that
payment is in accordance with construction contract provisions; stating that construction,up to the point of
the requisition, is in compliance with the contract documents; and identifying all additions or deletions to
the Project which have altered the Project's performance standards, scope, or purpose since the issue of the
Department construction permit.
(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or
suppliers as may reasonably be required by the Department.
ARTICLE V-RATES AND USE OF THE REUSE AND SEWER SYSTEMS
5.01. RATE COVERAGE. The Local Government shall maintain rates and charges for the
services furnished by the Reuse and Sewer Systems which will be sufficient to provide, in each Fiscal Year,
Pledged Revenues equal to or exceeding 1.20 times the sum of the Semiannual Loan Payments due in such
Fiscal Year. In addition,the Local Government shall satisfy the coverage requirements of all senior and
pariy_debt obligations.
5.02. NO FREE SERVICE. The Local Government shall not permit connections to, or furnish any
services afforded by,the Reuse or Sewer System without making a charge therefor based on the Local
Government's uniform schedule of rates, fees, and charges.
5.03. MANDATORY CONNECTIONS. The Local Government shall adopt, as necessary, and
enforce requirements, consistent with applicable laws, for the owner,tenant or occupant of each building
located on a lot or parcel of land which is served, or may reasonably be served, by the Sewer System to
connect such building to the Sewer System.
5.04. NO COMPETING SERVICE. The Local Government shall not allow any person to provide
any services which would compete with the Reuse or Sewer System so as to adversely affect Gross
Revenues.
5.05. MAINTENANCE OF THE REUSE AND SEWER SYSTEMS. The Local Government
shall operate and maintain the Reuse and Sewer Systems in a proper, sound and economical manner and
shall make all necessary repairs, renewals and replacements.
5.06. ADDITIONS AND MODIFICATIONS. The Local Government may make any additions,
modifications or improvements to the Reuse and Sewer Systems which it deems desirable and which do not
reduce the operational integrity of any part of the Reuse or Sewer System. All such renewals,
replacements, additions, modifications and improvements shall become part of the Reuse and Sewer
Systems.
9 DRAFT-October 18, 1995
5.07. COLLECTION OF REVENUES. The Local Government shall use its best efforts to collect
all rates, fees and other charges due to it. The Local Government shall establish liens on premises served
by the Sewer System for the amount of all delinquent rates, fees and other charges where such action is
permitted by law. The Local Government shall,to the full extent permitted by law, cause to discontinue the
services of the Water and Sewer Systems and use its best efforts to shut off water service furnished to
persons who are delinquent beyond customary grace periods in the payment of Reuse and Sewer System
rates, fees and other charges.
ARTICLE VI-DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT. Each of the following events is hereby declared an event of
default:
(1)Failure to fund the Loan Repayment Reserve or to make any Monthly Loan Deposit or to make
any installment of the Semiannual Loan Payment when it is due and such failure shall continue for a period
of thirty(30)days.
(2) Failure to comply with the provisions of this Agreement or failure in the performance or
observance of any of the covenants or actions required by this Agreement, other than as provided in
Subsection 6.01(1), above, or Subsection 6.01(7), below, and such failure shall continue for a period of
sixty(60) days after written notice thereof to the Local Government by the Department.
(3)Any warranty, representation or other statement by, or on behalf of,the Local Government
contained in this Agreement or in any information furnished in compliance with, or in reference to,this
Agreement, which is false or misleading.
(4)An order or decree entered, with the acquiescence of the Local Government, appointing a
receiver of any part of the Reuse or Sewer System or Gross Revenues thereof; or if such order or decree,
having been entered without the consent or acquiescence of the Local Government, shall not be vacated or
discharged or stayed on appeal within sixty(60) days after the entry thereof.
(5)Any proceeding instituted,with the acquiescence of the Local Government, for the purpose of
effecting a composition between the Local Government and its creditors or for the purpose of adjusting the
claims of such creditors,pursuant to any federal or state statute now or hereafter enacted, if the claims of
such creditors are payable from Gross Revenues of the Reuse or Sewer System.
(6)Any bankruptcy, insolvency or other similar proceeding instituted by, or against,the Local
Government under federal or state bankruptcy or insolvency law now or hereafter in effect and, if instituted
against the Local Government, is not dismissed within sixty(60)days after filing.
(7) Failure of the Local Government to give immediate written notice of default to the Department
and such failure shall continue for a period of thirty(30) days.
6.02. REMEDIES. Upon any event of default and subject to the rights of others having prior liens
on the Pledged Revenues,the Department may enforce its rights by any of the following remedies:
(1)By mandamus or other proceeding at law or in equity, cause to establish rates and collect fees
and charges for use of the Reuse and Sewer Systems, and to require the Local Government to fulfill this
Agreement.
10 DRAFT-October 18, 1995
(2)By action or suit in equity, require the Local Government to account for all moneys received
I from the Department or from the ownership of the Reuse and Sewer Systems and to account for the receipt,
use, application, or disposition of the Pledged Revenues.
(3)By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of
the rights of the Department.
(4)By applying to a court of competent jurisdiction, cause to appoint a receiver to manage the
I Reuse and Sewer Systems, establish and collect fees and charges, and apply the revenues to the reduction
of the obligations under this Agreement.
(5)By certifying to the Comptroller delinquency on loan repayments,the Department may intercept
the delinquent amount plus six(6)percent, expressed as an annual interest rate,penalty of the amount due
to the Department from any unobligated funds due to the Local Government under any revenue or tax
sharing fund established by the State, except as otherwise provided by the State Constitution. Penalty
interest shall accrue on any amount due and payable beginning on the thirtieth(30th) day following the date
upon which payment is due.
(6) By notifying financial market credit rating agencies.
(7) By suing for payment of amounts due, or becoming due,with interest on overdue payments
together with all costs of collection, including attorneys'fees.
(8) By accelerating the repayment schedule or increasing the interest rate by as much as three(3)
percent per annum on the unpaid principal of the Loan for a default under Subsection 6.01(1).
6.03. DELAY AND WAIVER. No delay or omission by the Department to exercise any right or
power accruing upon event of default shall impair any such right or power or shall be construed to be a
waiver of any such default or acquiescence therein, and every such right and power may be exercised as
often as may be deemed expedient. No waiver or any default under this Agreement shall extend to or affect
any subsequent event of default,whether of the same or different provision of this Agreement, or shall
impair consequent rights or remedies.
ARTICLE VII -THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. From and after the
effective date of this Agreement,the Department shall have a lien on the Pledged Revenues prior and
superior to any other lien, pledge or assignment not specifically set forth in this Agreement. Any of the
Pledged Revenues may be released from the lien on such Pledged Revenues in favor of the Department if
the Department makes a determination,based upon facts deemed sufficient by the Department,that the
remaining Pledged Revenues will, in each Fiscal Year, equal or exceed 1.20 times the debt service coming
due in each Fiscal Year under the terms of this Agreement.
7.02. ADDITIONAL DEBT OBLIGATIONS. The Local Government may issue other debt
obligations on a parity with, or senior to,the lien of the Department on the Pledged Revenues provided the
Department's written consent is obtained. To obtain such written consent.the Local Government must
demonstrate that the Pledged Revenues plus revenues to be pledged to the additional proposed debt
obligations will, during the period of time Semiannual Loan Payments are to be made under this
Agreement, equal or exceed 1.20 times the annual debt service requirements of this Agreement plus 1.15
11 DRAFT-October 18, 1995
times the combined annual debt service requirements of State Revolving Fund Loan Number CS 120825020
and of the obligations proposed to be issued by the Local Government. "•- -: .: - --.-•-• • .
. • . .. •_ . .. • ! .. .• , '
issuance-of-suer-additional-debt-obligations;-that-the-E-1edged-Revenues-plus-Revenues-tebe-pledged-te-the
Gevecnment,
ARTICLE VIII-GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS. All payments required to be made under this
Agreement shall be cumulative and any deficiencies in any Fiscal Year shall be added to the payments due
in the succeeding year and all years thereafter until fully paid. Payments shall continue to be secured by
this Agreement until all of the payments required shall be fully paid to the Department. If, at any time,the
Local Government shall have paid, or shall have made provision for the timely payment of,the principal
amount of the Loan and interest required,the pledge of, and lien on,the Pledged Revenues to the
Department shall be no longer in effect. Deposit of sufficient cash, securities, or investments, authorized
by law from time to time,may be made to effect defeasance of this Loan. However,the deposit shall be
made in irrevocable trust with a banking institution or trust company for the sole benefit of the Department.
There shall be no penalty imposed by the Department for early retirement of this Loan.
8.02. PROJECT RECORDS AND STATEMENTS. Books, records, reports, design documents,
contract documents, and papers shall be available to the authorized representatives of the Department and
the U.S. Environmental Protection Agency's Inspector General for inspection at any reasonable time after
the Local Government has received a disbursement and before three(3)years have elapsed after the
Department's final Project disbursement to the Local Government.
8.03. ACCESS TO PROJECT SITE. The Local Government shall provide access to Project sites
and administrative offices to authorized representatives of the Department at any reasonable time. The
Local Government shall cause its engineers and contractors to cooperate during Project inspections,
including making available working copies of plans and specifications and supplementary materials.
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The Department may assign any
part of its rights under this Agreement after notification to the Local Government. The Local Government
shall not assign rights created by this Agreement without the written consent of the Department.
8.05. AMENDMENT OF AGREEMENT. This Agreement may be amended in writing, except
that no amendment shall be permitted which is inconsistent with statutes, rules, regulations, executive
orders, or written agreements between the Department and the U.S. Environmental Protection Agency.
This Agreement may be amended after all construction contracts are executed to re-establish the Project
cost, Loan amount, Project schedule, and Semiannual Loan Payment amount. The final amendment shall
be executed after the final Project cost has been determined by the Department. The final figures shall be
determined after the Project Close-out, which is to be held no sooner than one year after the completion of
construction.
12 DRAFT-October 18, 1995
8.06. SEVERABILITY CLAUSE. If any provision of this Agreement shall be held invalid or
unenforceable,the remaining provisions shall be construed and enforced as if such invalid or unenforceable
provision had not been contained herein.
8.07. EXECUTION OF AGREEMENT. This Agreement shall be executed in three or more
counterparts, any of which shall be regarded as an original and all of which constitute but one and the same
instrument.
ARTICLE IX-CONSTRUCTION CONTRACTS AND INSURANCE
9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS. The following
documentation is required to receive the Department's authorization to award construction contracts:
(1)Proof of advertising.
(2)Award recommendation(including the bid proposal)and bid tabulation, certified by the
engineer responsible for overseeing construction.
(3) Certified copy of the Local Government's tentative award resolution.
(4) Certification of compliance with the conditions of the Department's approval of competitively
or noncompetitively negotiated procurement.
(5) Certification that affirmative steps were taken to encourage participation of women's and
minority business enterprises in Project construction and documentation of the intended use of such
enterprises therein.
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS. After the
Department's authorization to award construction contracts has been received,the Local Government shall
submit bonding and insurance certifications, construction and payment schedules,notices to proceed with
construction, itemized construction cost breakdowns, and executed contract documents.
9.03. INSURANCE REQUIRED. The Local Government shall require contractors to file
performance and payment bonds for the full amount of the contracts. The Local Government shall cause
insurance, including that issued through the National Flood Insurance Program authorized under 42 U.S.C.
secs. 4001-4128 when applicable,to be obtained and maintained against such risks as is customary during
construction. The Local Government shall require contractors to furnish workers' compensation,
comprehensive general liability,vehicle liability, and property damage insurance, including builder's
standard"all-risk" insurance to the extent that coverage is available from time to time against any one or
more of such risks. Contractors'indemnification obligations shall be described in the construction contract
documents.
The Local Government shall cause the Project, as each part thereof is certified by the engineer
responsible for overseeing construction as completed, and the Water and Sewer Systems (hereafter referred
to as "Revenue Producing Facilities")to be insured by an insurance company or companies licensed to do
business in the State of Florida against such damage and destruction risks as are customary for the
operation of Revenue Producing Facilities of like size,type and location in the amounts recommended by
an independent consultant to the extent such insurance is obtainable from time to time against any one or
more of such risks.
13 DRAFT-October 18, 1995
As documentation of insurance coverage,the Local Government shall file the following with the
Department:
(1)A certification describing the performance and payment bonds of contractors that have been
retained for construction of the Project.
(2)A certification for each construction contract assuring that the required insurance is being
carried during construction.
(3)A certification of insurance specifically describing the Project and the other Revenue Producing
Facilities; stating that these facilities are covered; stating the specific risks covered,the amount of coverage
provided against those risks, and whether the risks covered are those customarily insured against for
Revenue Producing Facilities of like size,type and location to the extent that such insurance is obtainable
at the time of the certification; and that the insurance coverage is adequate. This certification shall be
submitted annually and may be included as part of the certification required by Subsection 2.01(14)herein.
(4) Such other certificates or documents by consultants, insurance carriers, or Local Government
officials concerning insurance coverage as may reasonably be required by the Department.
Notwithstanding-t-he-€oregoing-provisions;thy-Local-Gover ent-may-institute-and-maintain
The proceeds of insurance policies received as a result of damage to, or destruction of,the Project
or the other Revenue Producing Facilities, shall be used to restore or replace damaged portions of the
facilities. If such proceeds are insufficient,the Local Government shall provide additional funds to restore
or replace the damaged portions of the facilities. Repair, construction or replacement shall be promptly
completed.
The-incur e-e- evis}ous-o€-this-Sectiowniay43e--moth€moo£waived,-te e-extent-permit-ted-by-Iaw;with
ARTICLE X -DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN. The estimated principal amount of the Loan is
$2211,573,which consists of$2}182,000 authorized for disbursement and $29,573 of estimated
Capitalized Interest. Capitalized Interest is not disbursed to the Local Government, and the Loan Service
Fee is disbursed directly to the Department's Operating Trust Fund.
10.02. PROJECT COSTS. The Local Government and the Department acknowledge that the
actual cost of the Project has not been determined as of the effective date of this Agreement. Project cost
adjustments may be made as a result of construction bidding or mutually agreed upon Project changes.
Additional Loan Repayment Reserve Account and Loan Service Fee amounts will be established for any
Additional Completion Loan. Capitalized Interest will be recalculated based on actual dates and amounts
of Loan disbursements. The final cost shall be established after all Project costs are reviewed by the
Department. Changes in Project costs may also occur as a result of the Local Government's Project audit
or a Department audit pursuant to the Rule. The Local Government agrees to the estimates of Project costs
set forth on Attachment A.
14 DRAFT-October 18, 1995
10.03. PROJECT SCHEDULE. The Local Government agrees by execution hereof:
(1)The disbursement of administrative and engineering allowances will be made upon request of
the Local Government.
(2)The schedule for Loan disbursements is set forth on Attachment B.
(3)The date scheduled for initiation of Project construction is December 15, 1995.
(4)The date scheduled for completion of Project construction is October 151 1996.
(5)The date by which the Loan Repayment Reserve Account is to be established and by which the
full amount is to be deposited is October 15, 1996.
(6)The date by which the monthly escrow account is to be established and by which Monthly Loan
Deposits are to begin is October 15, 1996.
(7)The date by which the first Semiannual Loan Payment becomes due is April 15, 1997.
(8)The date by which the first annual certification becomes due under Subsection 2.01(14)of this
Agreement is July 15, 1997.
(9)The Department shall conduct an inspection of the Project after construction completion at
which time certain specific deadlines limiting Project cost eligibility shall be established. A deadline for
certification of the operational performance of the Project shall also be established. These deadlines shall
be incorporated into the Loan Agreement by amendment.
10.04. INTEREST RATE. The rate of interest on the unpaid principal of the Loan is 2.97 percent
per annum;however, if this Agreement is not executed by the Local Government and the Department
I before January 1, 1996,the interest rate shall be adjusted pursuant to Rule 62-503.430. A separate interest
rate shall be established for any Additional Completion Loan.
10.05. LOAN TERM. The Loan shall be repaid in forty(40) Semiannual Loan Payments.
10.06. REPAYMENT SCHEDULE. The first Semiannual Loan Payment shall be computed
based upon the principal amount of the Loan, as estimated under Section 10.01,the estimated disbursement
schedule identified in Attachment B, and level debt service. Subsequent Semiannual Loan Payments may
be adjusted based upon revised Project cost and disbursement information. Any remaining installments
shall be equal and shall be based upon the actual Project costs and actual dates and amounts of
disbursements to the Local Government after adjustment for any overpayment, or underpayment,
associated with the amount of previous Semiannual Loan Payments. Actual Project costs shall be
established after the Local Government's certification of Project performance,the Department's inspection
of the Project and associated records, and amendment of the Loan Agreement. Each Semiannual Loan
I Payment shall be in the amount of$73,724 until this Agreement is amended. The interest portion of each
Semiannual Loan Payment shall be computed on the unpaid balance of the principal amount of the Loan,
including Capitalized Interest. Interest shall be computed as of the due date of the Semiannual Loan
Payment. Semiannual Loan Payments shall be received by the Department beginning on or before
April 15, 1997 and semiannually thereafter on October 15 and April 15 of each year until all amounts due
hereunder have been fully paid. Funds transfer shall be made by electronic means or by means of magnetic
tape.
15 DRAFT-October 18, 1995
ARTICLE XI- SIGNATURE PAGE
This Loan Agreement CS 120825030 shall be executed in three or more counterparts, any of which
shall be regarded as an original and all of which constitute but one and the same instrument. This
Agreement incorporates Attachments A and B hereto.
IN WITNESS WHEREOF,the Department has caused this Agreement to be executed on its behalf
by the Secretary of the Department and the Local Government has caused this Agreement to be executed on
its behalf by its Authorized Representative and by its affixed seal. The effective date of this Agreement
shall be as set forth below by the Secretary of the Department.
for
CITY OF CAPE CANAVERAL
•
Mayor
Attest:
City Clerk
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary Date
16 DRAFT-October 18, 1995
ATTACHMENT A: PROJECT COSTS
The Local Government and the Department acknowledge that the actual cost of the Project has not
been determined. Project cost adjustments may be made as a result of construction bidding or mutually
agreed upon Project changes. Additional Loan Repayment Reserve Account and Loan Service Fee
amounts will be established for any Additional Completion Loan. Capitalized Interest will be recalculated
based on actual dates and amounts of Loan disbursements. The final cost shall be established after all
Project costs are reviewed by the Department. Changes in Project costs may also occur as a result of the
Local Government's Project audit or a Department audit pursuant to the Rule. The estimated Project costs
are as follows:
AUTHORIZED LOAN
CATEGORY COST($) AMOUNT($)TO DATE
(1)Administrative Allowance 12,000
(2)Engineering Allowance 164,900 Line items
(3) Construction and Demolition 1,750,000
(4) Equipment and Materials 0 may vary
(5)Land 0
(6) Contingencies 175,000 based on
(7)Technical Services During Construction
Contractual 10,000 actual
Force Account 0
(8)Financing disbursements
Short Term 0
Refinancing 0
(9) Start-up and Performance Certification 5,000
SUBTOTAL 2,116,900 2,098,076
(10) Loan Repayment Reserve* 42,338 41,962
(11)Loan Service Fee* 42,338 41,962
SUBTOTAL 2,201,576 2,182,000
(12) Capitalized Interest 29,600 29,573
TOTAL 2,231,176 2,211,573
*The Loan Repayment Reserve and Loan Service Fee each represent two percent of the Loan amount
excluding the Capitalized Interest, Loan Repayment Reserve, and Loan Service Fee amounts;that is 2.0
percent of$2,098,076 for the Loan amount authorized to date.
I
I
17 DRAFT-October 18, 1995
ATTACHMENT B: LOAN DISBURSEMENT SCHEDULE
The estimated schedule for disbursement of Loan proceeds follows:
Date Amount
December, 1995 $ 125,000
January 1996 250,000
February 1996 300,000
March 1996 350,000
April 1996 200,000
May 1996 200,000
June 1996 150,000
July 1996 125,000
August 1996 132,000
September 1996 132,000
October 1996 218,000
The total amount to be disbursed is $2,182,000. This amount is equal to the estimated Loan principal less
Capitalized Interest. It includes the Loan Service Fee which is disbursed directly to the Department.
18 DRAFT-October 18, 1995
FILE COPY
I
City of Cape Canaveral
v...2.,
_ __ _ .-'
CITY OF
CAPE CANAVERAL
'1. ff V y/
)t. fi
R
a i
x f f
NS
x % September 8, 1995
r
Ms. Janet Burns
Bureau of Local Government
Wastewater Financial Assistance
Florida Department of
Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Dear Ms. Burns:
Enclosed are the documents required for the City of Cape Canaveral's loan application to the
Wastewater Treatment Revolving Loan Fund.
•
In the absence of City Manager, Bennett Boucher, I am serving as Acting City Manager. We
appreciate your assistance and please call me at 407/868-1221 if additional information is
needed.
Sincerely,
544.4C-:,,,s
Sandra O. Sims, CMC
Acting City Manager
Enclosures (2): loan application
attachments a-1
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407)868-1200 • FAX 1407) 799-3170
DEP Form # 17-511l 9M171
Form Title 1 e.n nmu.a^
Effective Datr
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
REVOLVING LOAN PROGRAM
LOAN APPLICATION
DEPARTMENT
LOGO
when available
•
Florida Department of Environmental Protection
Bureau of Local Government Wastewater
Financial Assistance
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
r
i
•
LOAN APPLICATION
Note: This form can be used to apply for a preconstruction loan or a construction loan. Preconstrction loons are available for planning
and designing small community projects, and include provisions for construction financing upon completion of the planning and
design. For standard construction loans, completion of planning and design is a prerequisite of the loan application.
(1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection, Bureau of Local
Government Wastewater Financial Assistance, 2600 Blair Stone Road,Tallahassee,Florida 32399-2400.
(2) COMPLETING THE APPLICATION.
(a) This application consists of three parts: (I) ADMINISTRATIVE INFORMATION; (II) FINANCIAL INFORMATION;
and (III) APPLICANT ASSURANCES AND CERTIFICATION. PART I is divided into Section A (General Information)
and Section B (Project Information). In addition, this application includes forms entitled Estimated Disbursements
Schedule, Schedule ofActual Revenues and Debt Coverage, Schedule of Projected Revenues and Debt Coverage, Schedule
of Prior and Parity Liens, and Schedule for Attachments.
(b) All information provided on this application must be typed. Monetary amounts may be rounded to the nearest 100
dollars.
(c) Complete the Schedule for Attachments found at the end of this application to identify all support information. The
attachments to be identified are to be provided by the applicant and may not fit a standard format.
(d)Forms and attachments to be submitted are denoted with italic print.
(3)PRE APPLICATION ASSISTANCE. Assistance can be obtained by calling the Bureau of Local Government Wastewater
Financial Assistance at 904/4SS-S163 or SIJNCOM 278-8163.
(4) WORDS AND TERMS. Words and terms used in this application have the meanings set forth below. Capitalized words,
unless the context clearly indicates otherwise, not defined herein arc defined in the Loan Agreement or Chapter 17-503 of the
Florida Administrative Code.
"Applicant" means a Local Government sponsoring a Project as identified on the Department's annual project priority list and
for which loan funds arc available.
"Authorized Representative" means the appropriate official of the Local Government authorized by ordinance or resolution to
sign or attest Loan documents.
"Depository" means a bank or trust company having a combined capital and unimpaired surplus of not less than $50 million,
authorized to transact a commercial banking or savings and loan business in the State of Florida and insured by the Federal
Deposit Insurance Corporation.
"Equivalency Project" means a project for which compliance with specific federal requirements given in Rules 17-503.700(1)
and 17-503.750(2) of the Florida Administrative Code must be documented. Projects to serve small community needs arc not
equivalency projects. (Part III, (2) of this form contains assurances of compliance that must be given to qualify for a loan.) Rule
17-503.200(8) of the Florida Administrative Code provides a more detailed definition of an equivalency project.
"Loan" means the amount of money to be borrowed under the wastewater facilities revolving loan program.
"Operation and Maintenance Expense" means the cost of operating and maintaining the Water and Sewer Systems determined
pursuant to generally accepted accounting principles, exclusive of interest on any debt payable from Revenues; depreciation and
any other items not requiring the expenditure of cash; any amounts expended for capital replacements, repairs and maintenance
not recurring annually or reserves therefor; and reserves for administration, operation and maintenance occurring in the normal
course of business.
1
"Project" means the scope of work described on thc fundable portion of the Department's annual project priority list.
"Revenues" means all income or earnings from any source received by the Local Government from the ownership or operation
of the Water and Sewer Systems of the Local Government and all parts thereof, including investment income, if any, all as
calculated in accordance with generally accepted accounting principles. Revenues shall not include proceeds from sale or other
disposition of the Water and Scwcr Systems or any part thcrcof, condemnation awards or proceeds of insurance, except use and
occupancy or business interruption insurance, received with respect to the Water and Sewer Systems.
"Semiannual Loan Payment" means the payment duc from the Local Government to thc Department at six-month intervals, and
it is comprised of principal and interest.
PART I- ADMINISTRATIVE INFORMATION
SECTION A- GENERAL INFORMATION
(1)NAME OF APPLICANT. City of Cape Canaveral •
(2) FEDERAL EMPLOYER IDENTIFICATION NUMBER OF APPLICANT. 59-0974636
(3) MAILING ADDRESS. P.O. Box 326
Cape Canaveral, FL 32920-0326
4)NAME OF PRIMARY CONTACT PERSON. Bennett C. Boucher
Title City Manager Telephone 407-868-1230
(5) PROFESSIONAL ENGINEER RESPONSIBLE FOR OVERSEEING CONSTRUCTION. •
Employer Hartman & Associates, Inc.
Address 201 East Pine Street, Suite 1000
Orlando, FL 32801 •
Contact Person Gary J. Revoir, II, P.E. Telephone 1-800-881-3955
SECTION B - PROJECT INFORMATION
(6) PROJECT NAME. Cape Canaveral Reclaimed Water Reuse Facilities
(7) PROJECT NUMBER( listed on the fundable portion of the Department's project priority list). CS 120 825030
(8) PROJECT DESCRIPTION. Provide a detailed Project description on Attachment # A . Indicate design capacity
of treatment wor'hs, size and respective lengths of pipes, etc.
(9)TYPE OF PROJECT LOAN. •
❑ Preconstruction: Complete Items (10) through (13) .
GIX Construction with or without Refinancing: Complete Items (14) through (17).
2
(10) PRECONSTRUCTION LOAN PROJECT SCHEDULE. Provide completion dates (month, day, year) for the
items below.
Loan agreement
Facility plan (including adoption)
Public hcaring(s)
Site specific or other specialized study(identify, if any)
Capital financing plan
Interlocal service agreements (if applicable)
User charge system and user charge ordinance
•
Sewer use ordinance
Dispute resolution process
Engineering design
Certification of site availability
Construction permit
EPA Compliance Report
Authorization to incur post-allowance project costs
Start construction
Complete construction
Project performance certification
(11) PRECONSTRUCTION LOAN COST AND FUNDING SUMMARY. Complete the summary below.
Allowable project costs are discussed in the explanatory notes below (at the end of Part I of this application).
Department staff is also available to assist in establishing project costs. If there is another source of project funding
(such as FmHA grant), identify the source and the funding status (such as the date of grant award) on Attachment
r.
•
Preconstruction Costs:
Administrative allowance S
Planning allowance
Engineering allowance
SUBTOTAL S
Loan repayment reserve (3%of subtotal, above)
Loan service fee( %of subtotal, above)
TOTAL INITIAL LOAN AMOUNT TO BE DISBURSED S
Capitalized interest
TOTAL INITIAL LOAN S
3
(12) PRECONSTRUCTION PROJECT DISBURSEMENT SCHEDULE. Complete the Disbursement Schedule.
Disbursements (Loan amount excluding Capitalized Interest) cannot exceed the amount scheduled for the Loan as
identified on the project priority list.
(13) PRECONSTRUCTION PROJECT POST-ALLOWANCE COSTS. Provide information on the estimated
future project costs. The total of the needed disbursements may be increased above the total amount given in the
Request for Inclusion on a Priority List Form 17-503.900(1), F.A.C., only as a result of a public hearing (sec Florida
Administrative Code Section 17-503.650). This information will be used to schedule additional funding.
Post-allowance Costs:
Construction &demolition
Equipment and materials (not included as "construction")
Land
Contingencies
Technical services during construction
Start-up services
Other (provide explanation on Attachment n )
SUBTOTAL
Loan repayment reserve (3%of subtotal, above)
Loan service fee ( %of subtotal, above)
TOTAL DISBURSEMENT NEED S
Capitalized interest
POST-ALLOWANCE TOTAL S
(14) CONSTRUCTION LOAN PROJECT SCHEDULE. Provide completion dates (month, day, year) for the items
below.
Loan agreement 11/30/95
Bid advertisement 09/16/95 .
Bid opening 10/17/95
Award construction contracts (identify separately)
Award 'Construction Contract 12/13/95
Start of construction 12/14/95
Complete construction 10/16/96
Project performance certification 10/16/97
4
•
(15) CONSTRUCTION LOAN COST AND FUNDING SUMMARY. Complete thc summary below. If there will be
financing costs included in thc project, they should be discussed with Department staff before completing the summary.
Allowable project costs arc discussed in the explanatory notes below (at the end of Part I of this application).
Department staff is also available to assist in establishing project costs. if there is another source of project funding
(such as FmHA grant), identify the source and the funding status (such as the date of grant award) on Attachment
U
It •
Administrative allowance S 12,000
Allowance for engineering 146.000
Construction and demolition 1,750,000
Land --
Contingencies 175,000
Technical services during construction
Contractual 10,000
Force account --
Financing
Short term
Refinancing --
Start-up services 5,000
Other (provide explanation on Attachment# ) --
TOTAL S 2,098,000
Loan repayment reserve(2%of subtotal, above) 42,000
Loan service fee( %of subtotal, above) 42,000
TOTAL LOAN AMOUNT TO BE DISBURSED S 2,182,000
Capitalized interest 60,000
TOTAL LOAN PRINCIPAL S 2,242,000
(16) CONSTRUCTION LOAN PROJECT DATA. Information, already submitted, can be incorporated into this
application by attaching a copy of the Department's letter acknowledging the status of each submittal. Reference the
attachment number used to identify the acknowledgment letter. The items listed below must be, or previously have
been, submitted to the Department.
ITEM ATTACHMENT#
Interlocal service agreements (if applicable) B
Dispute resolution process B
Department's construction permit(s) C
Certification of Project site availability B
Facilities plan (including amendments) B
Specialized studies, (identify, if any)
N/A
N/A
Public hearing documentation B
5
Capital financing plan B
Sewer use ordinance B
Uscr charge system D
Authorization to incur costs (if construction is initiatcd bcforc Loan
Agreement execution and refinancing of the incurred costs is requested) E
Plans and specifications (including Project performance standards) B
Value engineering report(if applicable) N/A
Force account justification (if applicable) N/A
Authorization to award construction contracts (if construction is initiated bcforc Loan
Agreement execution and refinancing of the incurred costs is requested) • F
EPA Compliance Report (Attach Form ) G
(17) CONSTRUCTION PROJECT DISBURSEMENT SCHEDULE. Complete the Disbursement Schedule.
Disbursements (Loan amount excluding Capitalized Interest) cannot exceed the amount scheduled for the Loan as
identified on the project priority list. Note that Capitalized Interest is not disbursed.
Explanatory Notes for Construction and Preconstruction Loan Project Costs:
• Allowable and unallowable costs, including those associated with land acquisition, refinancing,
and project contingencies, are addressed in Section 17-503.300, F.A.C.
• Planning, engineering, and administrative allowances are addressed in Section 17-503.420,
F.A.C.
• Force account refers to the use of Local Goverrunent personnel to perform work and requires
the Department's approval. Force account for construction is not allowable except in
emergency situations.
• Short term financing means financing used by the Local Government to make timely payments
to construction contractors in unusual situations.
• Refinancing refers to use of Loan proceeds to finance work completed before execution of the
Loan Agreement. (Initiating construction before executing the Loan Agreement requires the
Department's prior approval.)
• Capitalized Interest means interest charged by the Department on Loan moneys from the date
of disbursement until six months before the first Semiannual Loan Payment becomes due, at
which time the accrued interest is added to the Loan Principal. Capitalized Interest is
compounded annually. Capitalized interest is not disbursed.
• • The Loan Repayment Reserve is addressed in Sections 17-503.430 and 17-503.435, F.A.C.,
for construction and preconstruction loans, respectively.
• Loan Service Fees are addressed in Section 17-503.400, F.A.C. Call Department staff for the
current percent amount.
6
•
•
PART II - FINANCIAL INFORMATION
(1) LOAN TERMS AND REPAYMENT. The Loan will be amortized over 20 'cars unless a shorter term is
requested. The interest rate for the Loan will be fixed for the life of the Loan, based on the date of the Loan Agreement
execution. (Call the Dcpartrncnt for the estimated interest rate to be used in this application.) Guidance for
establishing the interest rate, timing and amount of loan repayments, and the required pledged revenue coverage
(usually 1.15) may be found in the Florida Administrative Code; Section 17-503.430 addresses construction loans and
17-503.435 addresses preconstruction loans.
(a) Estimated Loan principal S 2,242,000 (Include capitalized interest.)
(b) Interest rate 37 per annum.
(c) Date of first Semiannual Loan Payment 07/01/97 (month, date,year)
(d) Estimated Semiannual Loan Payment S 70,000
(c) Yearly Pledged Revenue(including coverage) S 161,000
(2) LOAN REPAYMENT RESERVE. The Applicant is required to provide for unexpected (temporary) Pledged
Revenue deficiencies. Florida Administrative Code Section 17-503.430 and 17-503.435 address the required reserves
for construction and preconstruction loans, respectively. Check the type of assurance to be provided.
la A Loan Repayment Reserve Account will be capitalized with Loan proceeds and established with a Depository.
Investment earning are retained in the account.
•
o The Applicant has other(equivalent)means for ensuring Loan repayment. Explain (Attachment# ).
(3) SELF-SUPPORTING SEWER SYSTEM. Document that the Sewer System revenues will be sufficient to ensure
that the system will be self-supporting.
a) Did operating revenues equal or exceed the sum of the Operation and Maintenance Expense plus a renewal and
replacement reserve for the Fiscal Year preceding this application? X Yes or No If the answer is
"No", identify the deficit, how it was offset, and the specific actions (such as a rate increase and resulting revenue increase)
that have been, or are being taken, to avoid this situation from recurring (Attachment# ).
•
•
(b) Are future operating revenues projected to equal or exceed the sum of the Operation and Maintenance Expense plus a
renewal and replacement reserve? X Yes or No If the answer is "No", explain how the applicant
qualifies for a loan (Attachment;i ).
(4) PLEDGED REVENUES. Provide financial information, for each of the last two fiscal years, addressing the
revenues and expenditures for each source of Pledged Revenue by completing the Schedule of Actual Revenues and
Debt Coverage. In addition, complete the Schedule of Projected Revenues and Debt Coverage, demonstrating the
availability of Pledged Revenues for Loan repayment. Explain the basis of the projections, including information such
as increases in rates and service area population.
•
(5) INFORMATION ON LIENS. Use the Schedule of Prior and Parity Liens to list obligations which have a prior or
parity lien on the Pledged Revenues. Informationis to be provided for each of the last two fiscal years and estimated •
throughout the loan repayment period. Describe each obligation (bond, note, etc.), the amount, and repayment terms
(Attachment # H ). Provide a copy of resolutions or ordinances recognizing the seniority of parity of unissued debt
(Attachment# I ).
•
7
•
(6) LEGAL OPINION ON THE AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a
written legal opinion addressing (a) the availability of the revenues to repay the Loan, (b) the right to increase rates at
which revenues shall be collected to repay the Loan, and (c) the subordination of thc pledge if Pledged Revenues arc
subject to a prior or parity lien (Attachment n J ).
PART III- APPLICANT ASSURANCES AND CERTIFICATION
(1) RESOLUTION. Provide a certified resolution of the Applicant's governing body authorizing this application;
establishing the Pledged Revenues; and designating the Authorized Representative(s) to file the application, provide
assurances , execute thc Loan Agreement , and represent the Applicant in carrying out responsibilities under the Loan
Agreement (Attachment g K ).
(2) ASSURANCES AND CERTIFICATION. The Applicant agrees to comply with the laws, rule, regulations,
policies and conditions relating to the Loan for this Project. Items (p) through (v), below, are revolving loan program
requirements only for Equivalency Projects and do not apply to small community projects. Specifically, the Applicant
certifies that it has complied, as appropriate, and will comply with the following requirements in undertaking the
Project:
(a) Complete all facilities recommended in the approved facilities plan.
(b) The Consultants' Competitive Negotiation Act, Chapter 287.055, F.S., regarding procurement of engineering related
services.
(c) The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic Preservation Act of
1966,PL 89-665, as amended, regarding identification and protection of historic properties.
(d) The Clean Air Act, 42 U.S.C. 7506(c), which requires conformance with State Air Quality Implementation Plans.
(e) The Coastal Zone Management Act of 1972,PL 92-583, as amended, which requires assurance of project consistency
with the approved State management program developed under this Act.
(f) The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting threatened or
endangered species and their habitats.
(g) Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding preservation, restoration
and maintenance of the historic and cultural environment.
(h) Executive Order 119SS, Floodplain Management, related to avoiding, to thc extend possible, adverse impacts
associated with floodplain occupancy, modification and development whenever there is a practicable alternative.
(i) Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse impacts associated
with thc destruction or modification of wetlands and avoiding support of construction in wetlands.
(j) The Fish and Wildlife Coordination Act, PL 55-624, as amended, which requires that actions to control natural
streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats.
(k) The Safe Drinking\Vater Act, Section 1424(e), PL 93-523, as amended, regarding protection of underground sources
of drinking water.
(1) The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential components of
the national wild and scenic rivers system.
8
•
(m) The Federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL SS-352, which
prohibits discrimination on the basis of race, color or national origin; the Agc Discrimination Act, PL 94-135, which
prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act, PL 92-500, which
prohibits sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which prohibits discrimination on the
basis of handicaps.
(n) Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all qualified
persons.
(o) Executive Orders 11625 and 1213S, Women's and Minority Business Enterprise, which require that small, minority,
and women's business and labor surplus areas are used when possible as sources of supplies, equipment, construction and
services.
(p) The Coastal Barrier Resources Act, 16 U.S.C. 3501 ct seq., regarding protection and conservation of the coastal
barrier resources.
(q) The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from irreversible
loss.
(r) The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.
(s) The Demonstration Cities and metropolitan Development Act of 1966, PL 89-754, as amended, which requires that
projects be carried out in accordance with areawide planning activities.
(0 Section 306 of the Clean Air Act, Section 50S of the Clean Water Act and Executive Order 11738, which prohibit
manufacturers,firms, or other enterprises on the EPA's list of Violating Facilities from participating in the Project.
(u) Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is debarred or
suspended or is otherwise excluded from, or ineligible for, participation in Federal assistance programs.
(v) The Davis-Bacon Act and related requirements of the Copeland Act and the Contract Work Hours and Safety
Standards Act which require compliance with labor standards for construction.
•
•
I, the undersigned representative of the Applicant, hereby certify that all information contained herein and in the
attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I have been duly
authorized to file the application and to provide these assurances.
Signed this TH Day •` SEPTEMBER , 19 95
-t l
(S• attire)
John K. Porter, Mayor
Typed Name &Title of Authorized Representative
9
ESTIMATED DISBURSEMENT SCHEDULE
•
Month 19 95 19 96 19 97
January 250,000
February 300,000 •
March 350,000
April 200,000
May 200,000
June 150,000
July 125,000
August 132,000
September 132,000
October 218,000
November
• December 125,000
TOTALS S 125,000 S 2,057,000 S
TOTAL OF ALL DISBURSEMENTS IS S 2, 182,000
NOTES:
(1) If the project involves construction loan refinancing, contact the Department for scheduling disbursements.
(2) The Loan Repayment Reserve is disbursed six months before the first Semiannual Loan Payment is due.
. (3) Capitalized Interest is not disbursed.
(4) See Section 17-503.420,Florida Administrative Code, for scheduling disbursements of allowances for administration,
planning(preconstruction loans only),and engineering.
(5) The last disbursement should be not later than upon project completion.
10
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE
FOR SOURCES OF PLEDGED REVENUE
(two fiscal years preceding Loan Agreement)
FY 19 94 FY 19 93
•
Operating Revenues:
Water Service
Sewer Service (1) 1,567,485 1,403,612
Interest Income
Other Income (Explain)
Total Revenues (1) 1,567,485 1,403,612
Operating Expenses (2) 928,616 863,183
Net Operating Revenues 638,869 540,429
Debt Service (3) 95,564 97,390
Coverage (4) 6.69 5.55
Explanatory Notes:
(1) Total operating revenues
(2) Total operating expenses exclusive of depreciation
(3) Debt service requirements equal to the current year's principal and interest
debt service payments
(4) Required coverage is 1.25
Source of Information:
City of Cape Canaveral, Comprehensive Annual Financial Reports for years ending
9/30/93 and 9/30/94.
11
•
SCHEDULE OF PRIOR AND PARITY LIENS
(Use additional pages as necessary.)
Type of
Obligation: Sewer Revenue Bonds SRF Loan CS120825020
Fiscal Total
Year 'Debt Service Debt Service Debt Service Debt Service
1993
1994
1995 93,445
1996 20,530 209,042 229,572
1997 418,084
1998 418,084
1999 418,084
2000 418,084
2001 418,084
2002 418,084 .
2003 418,084
2004 418,084
2005 418,084
2064 418,084
2007 418,084
2008 418,084
2009 418,084
2010 418,084
2011 418,084
2012 418,084
2013 418,084
2014 418,084
2015 418,084
2016 209,042
2017
2018
2019
2020
12
SCHEDULE FOR ATTACHMENTS
This schedule is to be used to identify all attachments (including certifications and other
supporting information) to the Loan application.
Number ' Description of Attachment
A Project description •
B FDEP 5/30/95 facilities plan acceptance letter
C • FDEP construction permit
D Sewer rate schedule. Resolution #95-19
E FDEP 7/27/95 authorization to incur costs
F FDEP 6/7/95 authorization to award alternate hid „Pon request
G EPA pre-award compliance review report
H Schedule of prior and parity liens (page 12)
I Resolution #65-7 authorizing the issuance of sanitary sewer revenue
certificates
J Legal opinion on the availability of pledged reven„es
K Resolution #95- 28 authorizing application, providing assurances,
establishing pledged revenues and designating an authorized representative
L Revenue sufficiency analysis
•
13
•
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE
FOR SOURCES OF PLEDGED REVENUE
FY 19 FY19 FY19 FY19 FY19
Operating Revenue
Water Service
Scwcr Service
Interest Income
Other Income (Explain)
Total Revenues
Operating Expenses
Net Operating Revenues
Revenue Pledged to Debt •
Service (Excluding SRF)
Coverage Factor for
Debt (above)
Revenue Available for
Revolving Loan
Explanatory Notes (e.g., basis of revenue increases):
NOTE: Attachment (L) — Revenue Sufficiency Analysis
Source of Information:
Burton & Associates
14
ATTACHMENT "A"
CITY OF CAPE CANAVERAL
RECLAIMED WATER SYSTEM
The City of Cape Canaveral's proposed reclaimed water system will consist of tertiary wastewater
treatment facilities, storage, pumping, transmission main and distribution main facilities. The purpose
of this project is to provide beneficial reuse of the treated effluent from the City's 1.80 MGD wastewater
treatment plant(WWTP). The City of Cape Canaveral intends to provide the City of Cocoa Beach with
750,000 gallons per day on an annual average daily basis. The remaining flow from the City's facility
will be used for residential and commercial irrigation purposes within the City of Cape Canaveral. The
City has proposed to construct their city-wide reclaimed water system in phases. These phases were
developed to match the actual plant flows noticed at the WWTP less the 750,000 gpd provided to the City
of Cocoa Beach on an annual average daily basis.
The on-site facilities will consist of a 1.0 million gallon (MG) reclaimed water ground storage tank and
a four (4) pump high service pump station, with a hydropneumatic tank. The off-site facilities will
consist of 16-inch, 12-inch, 10-inch and 8-inch reclaimed water transmission mains and 6-inch, 4-inch
and 2-inch reclaimed water distribution mains. The project will also consist of various road crossing,
sidewalk and driveway replacements, and all associated valves and fittings required for the pipelines.
' ATTACHMENT "B'" / D�95-4�0
`�RRO`TION � , DIS-'
Department of
FLQRiDA4Environmental Protection 5ubo.dn :•u- . '
France Dii
Twin Towers Office Building •
Lawton Chiles 2600 Blair Stone Road Virginia B.Wetherell
Governor Tallahassee, Florida 32399-2400 Secretary
•
May 30, 1995
Honorable John K. Porter, Mayor •
City of Cape Canaveral
105 Polk Avenue
P.O. Box 326
Cape Canaveral, Florida 32920-0326
Re: CS120825FPS - Cape Canaveral
Cape Canaveral Regional Facilities Plan •
CS120825030 - Cape Canaveral •
Reclaimed Water Reuse Facilities
Dear Mayor Porter:
The planning and design related documents are in conformance with
the requirements set forth in Chapter 62-503 , Florida Administrative
Code. The Facilities Plan and the Plans and Specifications are
accepted effective May 29 , 1995. The project consists of
constructing a 1. 38-MGD reclaimed water reuse system to serve
residential areas. One copy of each of the accepted documents is
being returned to you (under separate cover) for your permanent
project records. These documents bear the "acceptance stamp" of the
Bureau and should be kept in your possession.
PLANNING DOCUMENTATION
The facilities .plan and related documents are as follows:
1. "City of Cape Canaveral Wastewater System Facilities
.Plan" , dated November 1994 .
2 . "Engineering Report -_ City of Cape Canaveral
Reuse/Land Application System" , dated July 1994 .
3 . Documentation of Facilities Planning Public Hearing
• held on November 1, 1994 .
4 . Capital Financing Plan received on November 9, 1994 .
5. Documentation of Dedicated Revenue Hearing held on
November 1, 1994 .
*6. Sewer Use Ordinance received on August 12 , 1993 .
*7 . User Charge System/Ordinance received on August 12 ,
1993 .
8 . Interlocal Agreement, dated April 6, 1994 between
City of Cape Canaveral and City of Cocoa Beach.
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
' Printed on recycled paper.
Honorable John K. Porter, Mayor
May 30,. 1995
Page Two
*9 . Dispute Resolution Ordinance No. 45-93 , dated January
4 , 1994 .
10. Adopting Resolution No. 94-57, dated November 1,
1994 , for the Facilities Plan.
11. Reclaimed Water Reuse Ordinance No. 08-95, dated May
2 , 1995.
12 . Site Certifications for Reclaimed Water Reuse
Facilities from Authorized Representative, dated
March 10, 1995, and from Title Counsel, dated March
8 , 1995.
* Our original acceptance, of May 31, 1994 , 'of these
documents is reaffirmed.
DESIGN DOCUMENTATION
The plans and specifications are identified as "Phase I -
Reclaimed Water System Improvements, Effluent Reuse
Transmission Main" , dated April 1995 .
Our review of the plans and specifications, was performed only
to verify conformance with the administrative requirements of
the State Revolving Fund program. We did not review the
technical aspects of your plans and specifications in order to
avoid duplicating the review performed, or to be performed, by
the permitting agency or agencies. Accordingly, our review
does not substitute for any required permitting reviews.
The following paragraph shows the standard negotiated with Mr.
Gary Revoir of Hartman and Associates, Inc. , and against which
performance of your reuse system will be measured. If you
execute a loan agreement with the Department, it will be
necessary for you to certify whether the constructed facilities
meet this standard after one year of operation.
"The reclaimed water reuse facilities shall perform such
as to comply with the applicable requirements of the
construction permit Number DC05-254330 dated December 30,
1994 issued for the project."
Please note that Additive Alternate B (reject-water holding
tank, storage tank, high service pumps, effluent transfer
pumps, and all related mechanical, electrical, instrumentation,
and piping work) as set forth in Addendum Number 4 issued for
"Bid Form" , Section 00300B, to your plans and specifications
entitled "City of Cape Canaveral Wastewater Treatment Plant
Improvements, dated December 1994" is now eligible for funding
since the revised facilities plan addressing the reuse system
is accepted effective May 29, 1995 .
Honorable John K. Porter, Mayor
May 30, 1995
Page Three
Duplicate copies should be made available for bidding and for
use at the project sites. If it is necessary to make changes
to the accepted plans and specifications prior to bid opening,
the changes are to be made by addendum. Changes made after bid
opening are to be accomplished by change order. All addenda
and change orders must be submitted to this Bureau for review.
If you proceed with procurement for the contract work before
you execute a loan agreement covering the work,' you may
jeopardize the allowability of the associated costs for loan
funding.
When you proceed with procurement, and after bid opening and
evaluation, please submit the bidding information to the Bureau
for review. Do not award any contract until the Bureau concurs
with your award recommendations. Note that improper or
unauthorized procurement may result in the disqualification of
contract costs for funding.
If you have any questions or need further information, please call
the Bureau's Project Manager, J. N. Ramaswamy at 904/488-8163 .
Sincerely,
.o . Berryh' 1, P.E. , Chief
Bureau of Water Facilities Funding
• DWB/pms
Enclosures (under separate cover)
cc: Bennett Boucher - Cape Canaveral
Gary Revoir II - Hartman and Associates, Inc. /Orlando
Christianne Ferraro - DEP/Orlando
'0 PIVEC110M Y ATTACHMENT "C"
`���.. W-';41t ' Department of
ot..• :_ Environmental Protection
Central District
Lawton Chiles 3319 Maguire Boulevard, Suite 232 Virginia B.Wetherell
Governor Orlando, Florida 32803-3767 Secretary
Permittee: I. D. Number: 3005M0118
City of Cape Canaveral Permit Number: DC05-254330
105 Polk Avenue Expiration Date: 06/30/95
Cape Canaveral, Fl 32920 County: Brevard
Latitude/Longitude:
Attention: Michael G. Gluskin 28°23'35"N/80°37'10"W
Public Works Director Section/Township/Range
15 / 24 S / 37 E
Project: Cape Canaveral WWTF
Reuse Service Area
This permit is issued under the provisions of Chapter(s) 403, Florida Statutes,
and Florida Administrative Code Chapers 62-4, (former Chapter 17-4) 62-600,
(former Chapter 17-600) and 62-610 (former Chapter 17-610) . The above named
permittee is hereby authorized to perform the work or operate the facility shown
on the application and approved drawing(s) , plans, and other documents attached
hereto or on file with the department and made a part hereof and specifically
described as follows:
Construct: A reclaimed water transmission system to distribute reuse water
throughout the Cape Canaveral service area for irrigation of commercial areas
and residential lawns with an anticipated reuse capacity of 695,610 GPD and a
reclaimed water transmission main to the City of Cocoa Beach (750,000 GPD) for a
total potential reuse capacity of 1,445,610 GPD, as shown on the attached Map
and Table 4-2.
Location: The existing wastewater treatment facility is located west of S.R.
A-1-A, 600 Tower Road, Cape Canaveral, Brevard County, Florida. The reuse sites
are located as shown on the attached map.
Treatment Required: Advanced wastewater treatment and high level disinfection.
The total suspended solids in the reclaimed water discharged to public access
reuse systems shall not exceed 5.0 mg/L. Effluent discharged to the Banana
River shall receive advanced wastewater treatment, in accordance with,
DC05-251472.
Operators Required: This is a Class B, Category I treatment facility. In
accordance with Chapter 62-699, (former Rule 17-699) F.A.C. an operator of
minimum certification Class C shall be on-site for sixteen (16) hours per day
for seven (7) days per week. The lead/Chief operator shall be Class B, or
higher. During periods of operator absence, critical water quality
information/flow diversion shall be in accordance with Specific Condition No.
24.
Other Permits: D005-179388, Operating permit, expires 05/15/95. DC05-251472,
WWTF upgrade, expires 06/30/95.
General Conditions are attached to be distributed to the permittee only.
DEP FORM 17-1.201(5) Effective November 30, 1982 Page 1 of 9
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
GENERAL CONDITIONS:
. I. The terms, conditions, requirements, Iimitations and restrictions set forth in this permit, are
"permit conditions" and are binding and enforceable pursuant to Sections 403.14I, 403.727, or
403.859 through 403.861, F.S. The permittee is placed on notice that the Department will
review this permit periodically and may initiate enforcement action for any violation of these
conditions.
2. This permit is valid only for the specific processes and operations applied for and indicated in
the approved drawings or exhibits. Any unauthorized.deviation from the approved drawings
exhibits, specifications, or conditions of this permit may constitute grounds for revocation anci
enforcement action by the Department.
3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not
convey any vested rights or any exclusive privileges. Neither does it authorize any in ry to
public or private property or any invasion of personal rights, nor any infringement of federal,
stare, or local laws or regulations. This permit is not a waiver of or approval of any other
Department permit that may be required for other aspects of the total project which are not
addressed in this permit.
4. This permit conveys no title to land or water, does not constitute State recognition or
acknowledgement of title, and does not constitute authority for the use of submerged lands
unless herein provided and the necessary title or leasehold interests have been obtained from
the State. Only the Trustees of the Internal Improvement Trust Fund may express, State opinion
as to title.
5. This permit does not relieve the permittee from liability for harm or injury to human health or
welfare, animal, or plant life, or property caused by the construction or operation of this
permitted source, orfrom penalties therefore; nor does it allow the permittee to cause pollution
in contravention of Ioriaa Statutes Department rules, unless specifically authorized by an
order from the Department. .
6. The permittee shall properly operate and maintain the facility and systems of treatment and
control (and related appurtenances) that are installed and used by the permittee to achieve
compliance with the conditions of this permit, as required by, Department rules. This provision
includes the operation of backup or auxiliary facilities or similar systems when necessary to
achieve compliance with the conditions of the permit and when required by Department rules.
7. The permittee, by accepting this permit, specifically agrees to allow authorized Department
personnel, upon presentation of credentials or other documents as maybe required by law and
at reasonable times, access to the premises where the permitted activity is located or
conducted to:
(a) Have access to and copy any records that must be kept under conditions of the permit;
(b) Inspect the facility, equipment, practices, or operations regulated or required under this
permit; and
(c) Sample or monitor any substances or parameters at any location reasonably necessary to
assure compliance with this permit or Department rules.
Reasonable time may depend on the nature of the concern being investigated.
8. If, for any reason, the permittee does not comply with or will be unable to comply with any
condition or limitation specified in this permit, the permittee shall immediately provide the
Department with the following information:
(a) A description of and cause of noncompliance; and
(b) The period of noncompliance, including dates and times; or, ifnot corrected, the
anticipated time the noncompliance is expected to continue, ansteps being taken to
reduce, eliminate, and prevent recurrence ofthenoncompliance.
The permittee shall be responsible for anyand all damages which may result and may be subject
to enforcement action by the Department or penalties or for revocation of this permit.
Page 2 of a
DER Form 17-1.201(5)
Effective November 30, 1982
Permittee: I. D. Number. 3005M01158
City of Cape Canaveral Permit Number: DC05-254330
Date Of Issue:
Expiration Date: 06/30/95
Attention: Michael G. Gluskin
Public Works Director
SPECIFIC CONDITIONS:
1. The required sampling of the reclaimed water shall be as follows:
Parameter location Recording or Sampling Frequency
Flow" A continuous
Total Residual Chlorine (TRC) A continuous
Total Residual Chlorine (TRC) C daily**
pH C daily grab
pH A continuous •
Turbidity B continuous
CBOD5 A weekly
TSS B daily, 7 days per week**
Fecal Coliform A daily, 7 days per week**
Total Phosphorous (as P) C weekly***
Dissolved Oxygen (DO) C daily**
Total Nitrogen (as N) C weekly***
A After disinfection
** Grab samples required during peak flow B After filtration, prior to
period. disinfection
*** Flow proportioned 24-hour composite C After dechlorination
Sample required "Per Specific Condition #22
The sampling and analysis required above shall be in accordance with Chapter
62-601 (former Chapter 17-601) , F.A.C. and approved standard methods.
Properly executed reports shall be submitted monthly to this office , by the
28th day of the following month.
In accordance with Rule 62-601.300(6) F.A.C, any laboratory test required by
this permit shall be performed by a laboratory that has been certified by
DHRS, in accordance with Rule 10D-41.100-.113, F.A.C. , to perform that test.
On-site tests for dissolved oxygen, pH, and total chlorine residual shall be
performed by a laboratory certified to test for dissolved oxygen, pH, and,
total chlorine residual or under the direction of an operator certified in
accordance with Chapter 61E12-41, F.A.C.
In accordance with Rule 62-160.300(6) (former Rule 17-160) , F.A.C. , sample
collection shall be performed by following the protocols outlined in "DER
Standard Operating Procedures for Laboratory Operations and Sample
Collection Activities" (DER-QA-001/92) . Alternatively, sample collection
may be performed by an organization who has an approved Comprehensive
Quality Assurance Plan (CompQap) on file with DEP. This CompQap shall be
approved for collection of samples from the required matrices and for the
required tests.
2. The reclaimed water delivered to the land application systems shall be
adequately chlorinated at all times so as to maintain a minimum of 1.0 mg/L
total chlorine residual after a minimum contact period of 15 minutes (based
upon peak hourly flow) or as required to comply with rule 62-600.440(5) .
F.A.C.
DEP FORM 17-1.201 (5) Effective November 30, 1982 Page 4 of 9
Permittee: I. D. Number: 3005M01158
City of Cape Canaveral Permit Number: DC05-254330
Date Of Issue:
Expiration Date: 06/30/95
Attention: Michael G. Gluskin
Public Works Director
SPECIFIC CONDITIONS:
3. This facility is presently exempt from groundwater monitoring as set forth
in Rule 62-522.600, (former Rule 17-522.600) F.A.C.
4. The reclaimed water facilities discharging to ground waters shall be
operated and maintained at all times so as to prevent overflow or seepage of
water to adjacent ground surfaces or runoff to surface waters.
5. The boundary of the zone of discharge shall be 100 feet from the site
(wetted disposal area) boundary or to the installation's property boundary
whichever is less. The zone of discharge shall be the volume underlying the
surface within this boundary to the base of the unconfined aquifer.
6. Written permission is required by Rule 17-610.840, F.A.C. , before placing
the initial reuse system into operation. The permittee shall submit an
Application for Permission to Place a Public Access Reuse System in
Operation, DEP Form 17-610.910(3) , for Department approval when the first of
these sites is connected to the system. The applicant shall retain a
professional engineer registered in the State of Florida, to observe
construction of the project and to assure conformity to the application,
plans and specifications as approved.
7. Connection of additional major reuse sites, greater than 100,000 gpd
capacity, not shown on the attached table or authorized by this permit, will
require submittal of a Notice of Intent to Use General Permit for Addition
of a Major User of Reclaimed Water, DEP Form 17-610.910(7) and executed
reuse agreements. The Department recommends that the permittee provide
notification and information on sites with less than 100,000 gpd, to enable
tracking of the total reuse capacity.
8. Future reuse on sites with edible crops and reuse sites outside the
designated service area, will require permit modification utilizing DEP Form
17-610.910(1) , Application to Construct a Reuse/Land Application System.
9. A weather resistant structure shall be provided on-site to house the
maintenance and operation log for the plant, as required by Chapter
61E12-41, F.A.C.
10. This permit does not cover any of the structural engineering aspects of this
project.
11. Where potable water and sanitary sewer mains cross with less than eighteen
(18) inches vertical clearance, the sewage main shall be twenty (20) feet of
either ductile iron pipe, concrete encased PVC pipe or encased in a
watertight carrier pipe, centered on the point of crossing. A minimum
horizontal separation of ten (10) feet (edge to edge) between potable water
mains and sewage mains shall be maintained when practical. When the
appropriate horizontal separation cannot be maintained the sewage main shall
be either ductile iron pipe, concrete encased pipe or encased in a
watertight pipe carrier.
DEP FORM 17-1.201 (5) Effective November 30, 1982 Page 5 of 9
Permittee: - I. D. Number: 3005M01158
City of Cape Canaveral Permit Number: DC05-254330
Date Of Issue:
Expiration Date: 06/30/95
Attention: Michael G. Gluskin
Public Works Director
SPECIFIC CONDITIONS:
• 12. Maximum obtainable separation of public access reclaimed water mains and
sanitary sewer mains shall be maintained. A minimum horizontal separation
of five (5) feet (center to center) or three (3) feet (outside to outside)
shall be maintained between reclaimed water mains and sewage mains. Where
reclaimed water and sanitary sewage mains cross with less than eighteen (18)
inches vertical clearance, the sanitary sewage main shall be twenty (20)
feet of either ductile iron pipe, concrete encased pipe or encased in a
watertight carrier pipe, centered on the point of crossing.
13. Maximum obtainable separation of public access reclaimed water mains and
potable water mains shall be maintained. A minimum horizontal separation of
five (5) feet (center to center) or three (3) feet (outside to outside)
shall be maintained between reclaimed water mains and potable water mains.
Where reclaimed water and potable water mains cross with less than eighteen
(18) inches vertical clearance, the reclaimed water main shall be twenty
(20) feet of either ductile iron pipe, concrete encased pipe or encased in a
watertight carrier pipe, centered on the point of crossing.
•
14. All reclaimed water hose bibbs, hand-operated connections and outlets shall
be contained in underground service vaults and shall be appropriately tagged
or labeled to warn the public and employees that the water is not intended
for drinking. All reclaimed water piping, pipelines, valves and outlets
shall be color coded, or otherwise marked, to differentiate reclaimed water
from potable or other water.
15. Vaults for reclaimed water, hose bibbs and outlets shall be locked or
require a special tool for operation of hose bibbs and outlets.
16. A 75 foot setback distance shall be provided from a public access reclaimed
water transmission facility/transmission mains to any public potable water
supply wells.
17. A 75 foot setback distance shall be provided from public access reuse wetted
areas to any public and any private potable water supply wells. .
18. Low trajectory nozzles are required within 100 feet of any outdoor public
eating, drinking or bathing facilities.
19. A residential dual check valve or other appropriate backflow prevention
device is required on all potable water lines at each residential site which
is serviced with reclaimed water. Other sites shall have backflow
prevention devices for the potable water system in accordance with the
cross connection control program.
20. Existing water or sewer mains currently not being used for reclaimed water
and which may be proposed for conversion to reclaimed water mains in the
future, will require separate written approval from the Department.This does
not include existing irrigation system piping.
DEP FORM 17-1.201 (5) Effective November 30, 1982 Page 6 of 9
Permittee: I. D. Number: 3005M01158
City of Cape Canaveral Permit Number: DC05-254330
Date Of Issue:
Expiration Date: 06/30/95
Attention: Michael G. Gluskin
Public Works Director
SPECIFIC CONDITIONS:
21. Signs shall be posted in the vicinity of public access reclaimed water reuse
irrigation systems, advising the public that reuse is practiced.
22. Daily or monthly flow records for reclaimed water discharged to each major
reuse/ disposal site and to the Banana River shall be maintained and a
summary submitted each month with the Monthly Operating Reports (MORS) .
Documentation shall be provided to the Department demonstrating the total
amount of reuse capacity, for each site, that has been achieved prior to the
expiration date of this permit.
23. An operating protocol designed to ensure that the high-level disinfection
and TSS treatment requirements will be met before the reclaimed water is
released to the public access reuse system(s) has been developed and
approved by the Department. An updated protocol shall be submitted annually
for approval.
24. Reclaimed water that fails to meet minimum treatment requirements or' during
periods of operator absence as determined by the operating protocol, shall
not be released into any public access reuse system or system storage. Such
substandard reclaimed water (reject water) shall be discharged into the
approved alternate disposal system or reject storage for additional
treatment. Reuse of reclaimed water shall be maximized and the alternate
disposal system (surface water discharge) shall be utilized only when
necessary. Each incident of failure to meet public access reuse standards
shall be completely recorded in the operating and maintenance log and the
corrective action submitted/included with the monthly operating reports.
25. A reuse Ordinance and Cross-Connection Control Program, approved and adopted
by the City, must be submitted to the Department for review and approval
/;..
before any reuse sites will be cleared for use.
26. No cross-connections to potable water systems shall be allowed. Both an
enhanced public education program and a documented inspection and .
maintenance program shall be in effect at all times. The documented
inspection and maintenance program shall provide, at a minimum, the
following:
a. An accurate number of each type of backflow prevention device installed.
b. A log of tests conducted on backflow prevention devices within the
previous twelve (12) months.
c. A log of the number of cross-connection control surveys performed within
the previous twelve (12) months.
d. A method in place that documents the number of man-hours spent in the
cross-connection control program within the previous twelve (12) months.
DEP FORM 17-1.201 (5) Effective November 30, 1982 Page 7 of 9
Permittee: I. D. Number: 3005M01158
City of Cape Canaveral Permit Number: DC05-254330
Date Of Issue:
Expiration Date: 06/30/95
Attention: Michael G. Gluskin
Public Works Director
SPECIFIC CONDITIONS:
27. Operational difficulties, including any collection/transmission system
overflows, which may cause or result in non-compliance with the requirements
of the permit, shall be reported within twenty-four (24) hours to the
Department.
28. The Reclaimed Water Analysis Report Form 17-601.900(4) shall be submitted
annually beginning one year from the date of •permit issuance.
Alternatively, the permittee may certify each year to the Department that no
new non-domestic connections to the collection system have occurred.
29. Residuals/sludge disposal shall be in accordance with DC05-251472.
30.a. The permittee shall initiate the series of tests described below within
sixty (60) days of the notification of completion of the WWTP improvements
to evaluate wastewater toxicity. The permittee shall conduct 96 hour
static renewal screen acute toxicity tests on the test species,
Ceriodaphnia dubia and Cyprinella leedsi, once every two months
(bimonthly) on samples of 100% whole effluent. Such static renewal tests
will be conducted on four separate grab samples of 100% final effluent
collected at evenly spaced (6-hour) intervals over a 24-hour period and
used in four separate tests in order to account for daily variations in
effluent quality.
Once the permittee has demonstrated to the satisfaction of the
Department that there are no effluent toxicity peaks and no diurnal
toxicity variations resulting in violations, the frequency of the above
described requirement for bimonthly testing may be changed to become
once every 6 months thereafter for the duration of the permit, unless
notified otherwise by the Department.
b. If control mortality exceeds 10% of either species in any test, the
test(s) for the species (including the control) shall be repeated. A
test will be considered valid only if control mortality does not exceed
10% for either species. If, in any separate grab sample test, 100%
mortality occurs prior to the end of the test, and control mortality is
less than 10% at that time, that test (including the control) shall be
terminated with the conclusion that the sample demonstrates unacceptable
acute toxicity.
c. If any such bimonthly screening tests indicates that unacceptable
toxicity (less than 80% survival of test organisms in 100% effluent) is
found in any sample of effluent, additional (definitive) acute static
renewal toxicity testing involving the determination of 96-hour LC50
values with 95% confidence limits will be required. A minimum of three
(3) such 96-hour additional tests are required to be conducted within 30
days from the date that any screening test indicates the presence of
toxicity. Preferably, the first of these additional tests shall be
initiated within seven (7) days of a failed screening test. The second
test shall be initiated at least seven (7) days after completion of the
first additional test.
DEP FORM 17-1.201 (5) Effective November 30, 1982 Page 8 of 9
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-_ TABLE 4-2
CITY OF CAPE CANAVERAL
ROUTE ANALYSIS
ElkLUENT REUSE CAPACITY ANALYSIS
ii...-; ' ,
Capacity
Land Classification (2pd)
Phase 1:
Residential (Single) 38,789
Residential (Multi) 63,517
Commercial 75,638
Cocoa Beach 750,000
Total Phase 1 927,944
1
Phase 2:
Residential (Single) 220,322 , .
1 Residential (Multi) 55,275
Total Phase 2 275,597
1 Phase 3: .
Residential (Single) 177,485
l Total Phase 3 177,485
Phase 4:
1 Residential (Single) 15,516
Residential (Multi) 29,092
1 Commercial 19,976
{ Total Phase 4 64,584
J
Total Estimated Reclaimed Water Demand 1,445,610
Note: (1) Commercial includes estimates for Capeview Elementary School, Canaveral and
Cheri-Downs Parks, and the City Hall/Library complex.
I
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CITY OF CAPE CANAVERAL FIGURE
. _UENT REUSE DISTRIBUTION SYSTEM 4-1
PRELIMINARY ROUTE ANALYSIS
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Aftic L CAN
Alit-
-LaAL
I FSEND' ..
ESTIMATED
REUSE LINE CAPACITY (GPO) COST (j) COST/GAL
PHASE 1 — 927,944 1,941,494 2.09
'Inn;IFF:IM`Y7:"”7-r.il PHASE 2 — 275,597 359,790 1.30
-Fiitre.siz:11,:,!17.74411. PHASE 3 — 177,485 567,266 3.19
i [ \\, \\, ',, PHASE 4 — 64,584 N/A N/A
Total 1,4-45,610 2.568.550 1.98
I i
4 .,
' i is HARTMAN & ASSOCIATES, INC.
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-
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. .....
H'11' A-11 1r;N'1" J"
RESOLUTION NO. 95-19
A RESOLUTION ESTABLISIIINGSW ARTICLELEIIIOSERVICE RATES.
F RATES UNDER
APPENDIX B, CHAPTER 78,'UTILITIES,
DEPOSITS AND BILLING PROCEDURES, SUBSECTION (b) MO_LY
SEWER RATES OF THE CITY OF CAPE CANAVERAL CODE OF
�-- ORDINANCES FOR SEWER SERVICE WITH TIIE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, per Section 78-152 of the
Code of Ordinances, provided for the adjustment of the Sewer Rates by Resolution; based on Regulatory
Factors; and
WHEREAS, the City's Wastewater Treatment Plant upgrade to advanced wastewater treatment
and the construction of the reclaimed water facilities as required by the Indian River Lagoon Act,
necessitating a rate increase of 28.19% to meet revenue requirements for debt and operation of these
facilities; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Brevard County, Florida, as follows:
SECTION 1. The Rate Schedule as set out in Appendix B, Chapter 78, Utilities, Article III,
Service rates. Deposits and Billing Procedures,Subsection (b) Monthly Sewer Rates of the City of Cape
Canaveral Code of Ordinances is hereby deleted in its entirety and the following adopted in lieu thereof:
Customer-Classification Monthly Charge
Single-Family Residential $17.84 per unit
Multi-Family, Group 1
(more than one bedroom per unit)
First unit 17.84 per unit
Additional units 13.08 per unit
Multi-Family, Group 2
(one bedroom per unit,
including motels, trailer parks
and similar uses) 17.84 per unit
First unit
Additional units 12.25 per unit
Townhouses 17.84 per unit
Public Buildings 29.74 per unit
Commercial
Inside City Limits 353% of water bill
Outside City Limits 441% of water bill
SECTION 2. This Resolution shall become effective commencing October 1, 1995
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 29th day of
June, 1995. .!///
40416
V ohn K. Porter, Mayor
ATTEST:
/jai .
'NAME . YES NO
,
Sand . O. Sims, City Clerk BEAGER X
N1CHOL 1$ X
• � made b �hitla,Motion Y
Kohn Bennett, ' ity Attorney Seconded by : RN ELS X
PETSOS X
c: Deborah Haggerty, Finance Director
._., }pAlErnon Y ATTACHMENT "E
Department of
FLORIDA
Environmental Protection
Twin Towers Office Building
Lawton Chiles 2600 Blair Stone Road Virginia B.Wetherell
Governor Tallahassee, Florida 32399-2400 Secretary
July 27, 1995 :ix' '_ :la
A. i_
•
Honorable John Porter, Mayor ;-_'=-- -
City of Cape Canaveral -
105 Polk Avenue l_— ✓�(
Cape Canaveral, Florida 32920 �- -
Re: CS120825030 - Cape Canaveral
Reclaimed Water Reuse Facilities
• Dear Mayor Porter:
This is in response to your July 17, 1995 letter requesting authorization to
incur construction costs for the Reclaimed Water Reuse Facilities project prior
to execution of a loan agreement.
The Department is pleased to provide this authorization so that you may proceed
with construction without further delay and retain eligibility for funding.
This authorization is valid through July 26, 1996. If you have not initiated
project construction by that time, you must advise the Department of your
financing plans and request reaffirmation of the authorization to incur
construction costs in order to maintain the allowability of project costs for a
State Revolving Fund loan.
Completion of the Department' s environmental review is documented
by the Florida Categorical Exclusion Notification issued on April 28, 1995.
Please note the program requirements listed in the enclosure to this letter.
They are critical to the receipt of loan funding. Local arrangements for
interim financing should incorporate as much flexibility, with respect to the
timing of State Revolving Fund refinancing, as possible.
Please call the Bureau's Project Manager, J.N. Ramaswamy, at 904/488-8163 to
discuss specific project details.
Sin rely, .
L L/ .W';uCJ
Don W. Berryhia.l, P.E. , Chief
Bureau of Water Facilities Funding
DWB/jnr
Enclosure
cc: Bennett Bucher - Cape Canaveral
Gary Revoir - Hartman and Associates/Orlando
Christianne Ferraro - DEP/Orlando
Pnnted on recycled paper.
ATTACHMENT "F"
*.IRO{EC110N '�
4 r
Department of
` FLOR A. ,.,...
Environmental Protection
Twin Towers Office Building
Lawton Chiles. 2600 Blair Stone Road Virginia B.Wetherell
Governor Tallahassee, Florida 32399-2400 Secretary
June 7, 1995 , - (irl•1
/ DISTRIBUTION
Mayor /.
City.Council V •
Honorable Joy C. Salamone, Mayor City Mgr. ✓
• City of Cape Canaveral City Atty. _✓_
105 Polk Avenue Pub.Works Dir. _
Cape Canaveral, Florida 32920 Building Off.
I_
Finance Dii. ••
Re: CS120825020 - Cape Canaveral
Treatment & Reclaimed Water Reuse Facilities
(Upgrade .STP and Manmade Wetlands) •
Dear Mayor Salamone:
We have reviewed the bidding information for the Wharton-Smith, Inc.
contract to construct the Wastewater Treatment Plant Improvements. The
selection of the bidder identified below is acceptable.
Contractor Amount Allowable Amount
Wharton-Smith, Inc. $6, 500, 000.00 $6, 500, 000:00
This letter is your authorization to award the base bid amount of the contract.
The alternate bid items have also been approved and can be awarded upon request.
Please submit the documents specified in the attached checklist after the
contract is executed.
Note that all change orders must be submitted for our review. Please advise
Mr. Troy Mullis of this Bureau of the pre-construction conference date so he may
send a representative.
Loan disbursement requests should be submitted in accordance with
Section 4.08 of the loan agreement. Total disbursements cannot exceed the
amount authorized by the loan agreement.
If we may be of assistance, please call Bob Holmden at 904/488-8163 .
Sincer/y,
D. . 071--e ry'ill, P.E. , hief
Bureau of Water Facilities Funding
DWB/rhk
Enclosure
cc: Bennett Boucher - Cape Canaveral
Gary Revoir - Hartman and Associates/Orlando w/ Enclosure.
Christianne Ferraro - DEP/Orlando
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
ATTACHMENT "G"
United States Environmental Protection Agency
Washington, DC 20460 Form Approved.
n Preaward Compliance Review Report For
OMB No. 2090-0014
EPA` All Applicants Requesting Federal Financial Assistance Expires 1131/93
Note: Read instructions on reverse side before completing form.
' I.A.Applicant (Name, City, Slate) B. Recipient (Name, City. Stare) C.EPA Protect No.
City of Cape Canaveral, Florida City of Cape Canaveral, Florida __
•
II.Bnef desa,ptwn of proposed protect, program or activity.
Reclaimed Water Reuse Facilities
III.Are any civil nghts lawsuits or complaints panting against applicant and/or recipient? U Yes X No
If'yes'.list those compliants and the tisposibon of each complaint.
IV. Have any civil rights compliance reviews of the applicant and/or recipient been conducted by . ��,-v �
l
any Federal agency during the two years pnor to this application for activities which would receive EPA assistance? n Yes F No
If'Yes,'list those complance reviews and status o each review.
V. Is any other Federal financial assistance being applied for or,Js.any other Federal financial assistance being applied
to any porton of this protect. program or activity? 7 Yes XXXI No
If'Yes. list the other Federal Agency(s),describe the associated work and the dollar amount of assistance.
Vi. If entire community under the applicants jurssdction is not served under the existing taulites/servrces.
or will not be served under the proposed plan, give reasons why.
N/A
. VII. Population Characonsucs Number of People
1,A. Population of Enure Service Area I 8,399
B. Minonty Populaton of Entre Service Area 384
2.A. Population Currently Being Served I 8,399
B. Minonry Population Currently Being Served 384
3.A. Potxulabon to be Served by Project Program or Activity 8,399
B. Minonry Population to be Served by Project. Program or Actrviry 384
4 A. PopuLabon to Remain Without Service • 0
8. Minority Pooulaaon to Remain Without Service 0
VIII. Wfi11 al new facilities or alterations to existing tadities financed by these hands be designed •
Yes No
and constructed to be reatify accessible io and issable by handicapped persons? El
If'No,' explain how a regulatory exception (40 CFR 7.70) applies.
This construction is exempt pursuant to 40 CFR 7.70(d)
IX. Give the schedule for future projects. programs or actrvtoes(or of future plans),by which service will be
provided to al beneficiaries within applicants junsdaction.II there is no schedule. explain why.
Construct a reclaimed water transmission system to distribute reuse water throughout the
Cape Canaveral service area and provide reuse water to the City of Cocoa Beach to meet
requirements of the Indian River Lagoon Act by 10/31/96.
X. I certify that the statements I have made on this form and aA attadhments thereto are true, accurate and complete.
I acknowledge at any knowingly false or misleading statement may be punishable by fine or imprisonment
or both under applicable law. .
A. Signature • thonzed • - B. Tide of Authorized Otfiwl C. Date
/ Mayor .8/29/95
'N . P! 'TER For the U.S. Environmental Protection Agency
Authorised EPA Otfiad Date
Approved Li Dwpgrvved
EPA Form 4700-4(Rev. 1/90) Previous editions are obsolete.
Prim',d on Recycled Paper
ATTACHMENT "J"
LAW OFFICES
AMARI, THERIAC & EISENMENGER9 P.A.
Attorneys and Counselors At Law
SHAREHOLDERS:
Richard S. Amari Mariner Square
James S. Theriac, III Reply To:Cocoa Suite 302
Gregory W. Eisenmenger 96 Willard Street
Mitchell S. Goldman Cocoa, Florida 32922-7998
Kohn Bennett Telephone (407)639-1320
Bradly Roger Bettin, Sr. Fax (407)639-6690
David M.Presnick
Robert R.Berry Imperial Plaza
Mark S. Peters Suite 400
6767 N. Wickham Road
Anthony A.Garganese Melbourne, Florida 32940
Carla Neeley Freitag* •
Telephone (407)259-6611
*(Admitted in TX&GA only) Fax (407)259-6624
August 28, 1995
Don E. Berryhill, P.E., Chief
Bureau of Local Government
Wastewater Financial Assistance
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Re: City of Cape Canaveral Reclaimed Water Reuse Facilities
Dear Mr. Berryhill:
I am the duly appointed City Attorney for the City of Cape Canaveral, Florida ("City").
In accordance with the SRF requirements, I am providing an Opinion of the Availability of
Pledged Revenues.
The pledged revenues related to the City Reclaimed Water Reuse Facilities Project shall
be the net revenues from the City's sewer and reuse water systems. The City of Cape Canaveral
has the legal authority to increase rates to ensure repayment of the loan. Sufficiency of revenue
to cover operation, maintenance, renewal and all outstanding debt will be reviewed annually by
the City Treasurer. The pledge on revenues is subject to prior liens with the following issues:
1. The City of Cape Canaveral, Florida, Sewer Revenue Bonds, Series A, 1966;
2. The City of Cape Canaveral, Florida, Sewer Revenue Bonds, Series B, 1966.
3. State Revolving Fund Loan CS 120825020.
Don E. Berryhill, P.E., Chief
Bureau of Local Government
Wastewater Financial Assistance
August 21, 1995
Page 2
We appreciate your assistance in this matter. Please call if additional information is
needed.
Sincerely,
Kohn Benne , City Attorney
KB/edr
cc: Bennett C. Boucher, City Manager
04/11/1995 12:21 14076710079 R LOCKRIDGE PAGE 02
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ATTACHMENT "K"
RESOLUTION NO. 95-28
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; AUTHORIZING
APPLICATION FOR A STATE REVOLVING FUND LOAN,
FOR RECLAIMED WATER REUSE FACILITIES,
PROVIDING ASSURANCES, ESTABLISHING PLEDGED
REVENUES, DESIGNATING AN AUTHORIZED
REPRESENTATIVE, AUTHORIZING THE LOAN
AGREEMENT, AND ESTABLISHING AUTHORITY TO
UNDERTAKE THE PROJECT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Statutes provide for loans to local government agencies to finance
the construction of water pollution control facilities; and
WHEREAS, Florida Administrative Code rules require authorization to apply for loans,
to establish pledged revenues, to designate an authorized representative, and to provide the
assurances of compliance with loan program requirements, and
WHEREAS, the City of Cape Canaveral intends to enter into a binding loan agreement
with the Florida Department of Environmental Protection for project funding to construct
reclaimed water reuse facilities.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. The City Council of the City of Cape Canaveral is authorized to apply for
a loan to finance the reclaimed water reuse facilities project.
SECTION 2. The revenues pledged for the repayment of the loan are sewer system use
fees and irrigation usage rates.
SECTION 3. The Mayor is hereby designated as the authorized representative to
provide the assurances and commitments required by the loan application.
4
City of Cape Canaveral, Florida
Resolution No. 95-28
Page 2
SECTION 4. The Mayor is hereby authorized to execute the State Revolving Fund loan
agreement which will become a binding obligation in accordance with its terms.
SECTION 5. The legal authority for borrowing monies to construct this project are
Sections 166.111 and 180.07(2), F.S.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day
of September ,, 1995.
/ ��/
,i,.
,ohn K. Porter, MAYOR
ATTEST:
S9...,...,,...
San r O. Sims, CITY CLERK NAME FOR AGAINST
BERGER X
APPROVE : TO FORM:
NICHOLAS X
PETSOS X
Kohn Bennett, CIT ATTORNEY
PORTER X
STATE OF FLORIDA
COUNTY OF BREVARD RANDELS x
This Is to certify that the foregotrp
is a.true and correct copy of
/?fS0e4r/or✓ i✓o• 96-.-.23
.vitncss try nand mid official seal this
\-5k14says Of . / Bye 19 9S
City of Cape Canaveral, FL
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REIMBURSEMENT SUMMARY SHEET
SMALL BUSINESS ADMINISTRATION
TREE PLANTING PROGRAM
GRANTEE: GRANT # SBA -
!REFERENCE # GRANT MATCHING $
(Invoice #, DESCRIPTION OF GOODS OR SERVICES $ (Cash or Inkind)
Check #, etc. )
Authorized Signature: Date:
All items listed above must be substantiated with dated receipts and cancelled checks. Claims fc
local match dollars for salary expenditures must be accompanied by copies of the payroll time shee
or an equivalent document. A log sheet must be used for projects utilizing volunteer labor as
local match and all volunteer names and time allocations recorded. The dollar value for al
donated materials which are used for the local match must also be documented.
Grant Reimbursement and/or Local Match Documentation (Items/services which have been approved an
are detailed in Exhibit "A" and "B" of the Grant Agreement) .
***ATTACH TO THIS FORM: RECEIPTS, CANCELLED CHECKS, LOG SHEETS, ETC. ***
Grant Recipient Name SBA#
1994 Performance Report
Small Business Administration (SBA) Tree Planting Program
1 . Number of small businesses utilized to:
A. Plant trees :
B . Purchase trees :
c. Purchase other materials and/or services :
D. Total small businesses utilized: (A+B+C)
2 . Total dollar value of contracts awarded to small
businesses for trees and contract planting (grant $ and
local $) .
3 . Total dollar value of miscellaneous purchases from
small businesses (grant $ and local $) .
4 . Total number of unemployed individuals employed.
5 . Total value of expenditures for hiring unemployed.
6 . Total number of trees planted: A. (B+C)
Urban/Community - Street/Park trees : B.
Rural (Seedlings) : C.
7 . Total number of trees that would have been planted if
the SBA grant was not available?
8 . Each grant recipient is responsible for the trees in
their project for three years . What are the
arrangements to replace trees that die within the three
year maintenance period?
explain:
Authorized Signature Date
Please submit this form with your reimbursement claim.