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HomeMy Public PortalAbout14-8775 Loan Agreement DW-13033 in the Amount of $6,969,069.00 with FDEP Sponsored by: City Manager RESOLUTION NO: 14-8775 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO LOAN AGREEMENT DW-13033, IN THE AMOUNT OF $6,969,069.00, WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , RELATING TO THE STATE REVOLVING FUND (SRF) LOAN PROGRAM FOR DRINKING WATER FACILITIES; PROVIDING INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Florida law provides 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, to provide assurances of compliance with loan program requirement, and to enter into a loan agreement; and WHEREAS, the State Revolving Fund (SRF) loan priority list designates Project No. DW-13033 Loan Number as eligible for available funding; and WHEREAS, the City Commission of the City Opa-locka, Florida, desires to authorize the City Manager to enter into a loan agreement with the Florida Department of Environmental Protection, for project financing of drinking water facilities with the State Revolving Fund(SRF). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AS, AS FOLLOWS: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to enter into Loan Agreement DW-13033, in the amount of RESOLUTION NO. 14-8775 $6,969,069.00, with the Florida Department of Environmental Protection, relating to the State Revolving Fund (SRF) loan program for project financing of drinking water facilities. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 26`h day of March, 2014. / Myra L. 1Cylor Mayor Attest: li anna Flores City Clerk Appr•ved as to ff rial and legal suffi r'.ncy /1 , e id/ y' If Jos;i `f G/1 Esquire G' : NSP Ii ON MARDER, PA • t Atto ey Moved by: COMMISSIONER HOLMES Seconded by: VICE MAYOR KELLEY Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley YES Mayor Taylor: YES O �O • � 9 ti C U In ft X;1-- Oa OHA`- fr City of Opa-Locka Agenda Cover Memo Commission Meeting March 26,2014 Item Type: Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: (EnterX in box) (EnterXin box) X Public Hearing: M x (EnterXin box) Funding Source: (Enter Fund&Dept) Advertising Requirement: g " (Enter Acct No.) State Revolving (Enter X in box) Loan Drinking Water DFEP Contract/P.O.Required: , h RFP/RFQ/Bid#: (EnterXin box) X Strategic Plan Related F Strategic Plan Priority Area Strategic Plan Obj./Strategy: (list the (EnterXin box) ){ specific objective/strategy this item will address) Enhance Organizational Bus.&Economic Dev Improve the quality of drinking Public Safety water and better protect public Quality of Education Qual.of Life&City Image health Communcation Sponsor Name City Manager Department:CIP Grant/CIP A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE STATE REVOLVING LOAN AGREEMENT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE PLANNING AND IMPROVEMENTS OF THE CITY OF OPA-LOCKA DRINKING WATER FACILITY IN THE AMOUNT OF$6,969,069.00 d=:. � »t rv,ma � "'•.. --.. � �.,, �� }� �{�> ' � '�: .#a�...,x �-arc,.5r.- r�: ate. '.�� +�,�Qf�i2 _.tasr. t '��". The City of Opa-Locka, through the significant investment of the Florida Department of Environment Protection's have approved a loan of great value to our infrastructure that will enable us to install, upgrade, and replace infrastructure to continue to ensure the provision of safe drinking water to their 15,529 residents, business owners, vendors, visitors and guests. Installation of new treatment facilities can improve the quality of drinking water and better protect public health. Improvements are also needed to help those water systems experiencing a threat of contamination due to aging infrastructure systems. Staff recommends the adoption of the Resolution to authorize the City Manager to execute the State Revolving Loan Drinking Water Loan agreement for our water facilities improvement supporting the cricual efforts to improve the city's drinking water projects while providing quality of drinking water and protect public health. EAC Consultant's Scope of Service Agreement for the Drinking Water Master Plan Dated 7/22/2013 FDEP Precon Loan Approval Letter Loan Ageement for Project DW 13033 Letter from FDEP Dated Febraury 17, 2014 from Program Administrator Prepared by: Delia Rosa Kennedy, Grant Administrator Emailed to: Maqsood Mohammad Nasir, PE., City Engineer, Director of Capital Improvement Projects Susan Liburd-Gooding, Director of Finance Joanna Flores, City Clerk Executive Secretary to the City Manager ci K' .. J Memorandum TO: Mayor Myra L.Taylor Vice Mayor Joseph L Kelly Commissioner Doroth 1. 'e Johnson" Commissioner Timot y •Ames Commissioner Luis B S. �,,g% FROM: Kelvin L. Baker, Sr. City Manag;, DATE: March 26, 2014 / tl' RE: State Revolving Loan Agreement fo Drinking Waster Facilities Projects Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXCECUTE THE LOAN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF$6,969,069.00 Description: The City of Opa-locka, through the significant investment in our efforts to improve the city's drinking water projects, has approved a loan of great value to our infrastructure that will enable us install, upgrade, and replace infrastructure to continue to ensure the provision of safe drinking water to their 15,529 residents, business owners, visitors and guests. Installation of new treatment facilities can improve the quality of drinking water and better protect public health. Improvements are also needed to help those water systems experiencing a threat of contamination due to aging infrastructure systems Financial Impact: Net Operating Revenues of the City's Water and Sewer System Implementation Time Line: Immediately upon commission approval 3 26 2014 Legislative History: Prior and Current State Revolving Loans Recommendation(s): Staff is recommending the approval Attachment(s): Resolution Loan Agreement for Project Number DW 13033 - EAC Consultant's Scope of Service Agreement for the Drinking Water Master Plan Dated 7/22/2013-FDEP Precon Loan Approval Letter for FEDP Dated February 17, 2013 from Program Administrator END OF MEMORANDUM Sponsored by: City Manager RESOLUTION NO: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM FOR DRINKING WATER; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING OF RECITALS, SEVERABILITY,AND AN EFFECTIVE DATE." WHEREAS, Florida Statues 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; to provide assurances of compliance with loan program requirements; and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. DW 13033 Loan Number as eligible for available funding; and WHEREAS,the City Opa-locka,Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AS, AS FOLLOWS: SECTION I. The foregoing finding are incorporated herein by reference and made a part hereof. SECTION II. The City of Opa-locka,Florida is authorized apply for a loan to finance the Project. SECTION III. The revenues pledged for the repayment of the loan are net water and sewer utility system revenues after payment of debt service on the City's Series 2011A Year Water and Sewer System Utility Revenue Bonds and the Series 2011B Year Water and Sewer System Utility Refunding Revenue Bonds. SECTION IV. The City Manager is hereby designated as the authorized representative to provide the assurances and commitments required by the loan application by the Mayor SECTION V. The City Manager is hereby designated as the authorized representative to execute the loan agreement which will become a binding obligation in accordance with its terms when signed by both parties. The City Manager is authorized to represent the City in carrying out the City's responsibilities under the loan agreement. The City Manager is authorized to delegate responsibility to appropriate City staff to carryout technical, financial, and administrative activities associated with the loan agreement SECTION VI. The legal authority for borrowing moneys to construct this Project is, Florida Statutes. SECTION VII. Conflicts. All resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION VIII. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. SECTION IX. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this day of March, 2014. Myra Taylor, Mayor Attest: Joanna Flores City Clerk Approved as to form and legal sufficiency Joseph S. Geller, Esquire GREENSPOON MARDER, PA City Attorney Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Santiago: Vice Mayor Kelley Mayor Taylor aa RICK SCOT"I SA* ■ , FLORIDA DEPARTMENT OF GOVERNOR oh. I l'' \ ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CAN IERA BOB MARTINEZ CENTER LT.GOVERNOR 2600 BLAIRSTONE ROAD aggennIM TALLAHASSEE, FLORIDA 32399-2400 HERSCFIEL T. VINYARD IR. SECRETARY February 17, 2014 Mr. Mohammad Nasir, P.E. City Engineer City of Opa-Locka 780 Fisherman Street, Fourth Floor Opa-Locka, Florida 33054 Re: DW130330—Opa-Locka Water Transmission and Distribution System Improvements Dear Mr. Nasir: Attached is the proposed State Revolving Fund loan agreement for planning the City of Opa-Locka's drinking water facility. Please have the officials designated on page 20 sign three copies. The Clerk's seal is required. Return all three copies to me within three weeks at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399-2400. We will sign the documents and mail a fully executed original to the City. Please note that the Special Condition listed in Section 10.08 of the Agreement must be provided before any funds can be released. We appreciate your participation in the State Revolving Fund loan program. If you have any questions about the agreement, please call Dawn Walker at 850/245-8381. Sincerely, 0 , I, )oinea- II Angela Knecht, Program Administrator State Revolving Fund Management AK/dw Attachment cc: Kelvin S. Baker—City of Opa-Locka Delia Rosa Kennedy—City of Opa-Locka wli 14 clef) state.fl.its RICK SCOTT OUCH FLORIDA DEPARTMENT OF GOVERNOR 4, , ., ENVIRONMENTAL PROTECTION HERSCHEL T.VINYARD JR. BOB MARTINEZ CENTER SECRETARY , ; ',!-t`,`," ' ` = 2600 BLAIRSTONE ROAD MS 3505 VantanalMar TALLAHASSEE,FLORIDA 32399-2400 June 17,2013 Mohammad Nasir,P.E. City Engineer 780 Fisherman Street Opa-locka,Florida 33054 Re: DW13033 City of Opa-locka Water Transmission and Distribution System Dear Mr.Nasir: Thank you for submitting the Request for Inclusion(RFI)on the Fiscal Year 2013 priority list for Drinking Water projects. Your RFI has been determined complete and your project was added to the fundable portion of the priority list for a pre-construction loan of$240.000. The priority list was adopted at the public meeting held on June 13,2013. You must submit a loan application to receive the available funds. You can download an application at the following website: http://www.dep.state.fl.us/water/wff/dwmanual.htm Please note that for the project to be eligible for a construction loan,the following general requirements must be completed: • Water facilities plan to include the business plan and public hearing. • Environmental review. • Biddable plans and specifications to include the Department's notice of intent to issue permit, if applicable. • Project site certification. Please note that you may also request an Authorization to Incur Costs after successful completion of the requirements listed above. This will allow you to incur construction costs before execution of the loan agreement and have those costs remain eligible for reimbursement. Please refer to the assigned project number(DW 13033)on all future correspondence. If you have questions about your project,please contact Greg Alfsen at(850)245-8371 or email at gregory.alfsen @,dep.state.fl.us. • Sincerely, / / %-•-t," or', Tom R. Shiflett,P.E. Program Administrator State Revolving Fund Program Division of Water Resource Management TRS/gca www.dep.statell.us EAr-4016. EAC Consulting,Inc. July 22,2013 Mohammad Nasir, P.E. City Engineer/Director of Capital Improvement Projects 780 Fisherman Street,4th Floor Opa-Locka, FL 33054 Re: City of Opa-Locka Capital Improvement Projects(CIP)Water System Master Plan Final Revised Scope and Fees Dear Mr. Nasir, EAC Consulting Inc. and its team of consultants is pleased to submit this revised scope and fees document to provide Engineering Consulting Services for the development of the City of Opa-Locka's Capital Improvement Projects(CIP)Water Master Plan. The development of the Water Master Plan is premised on our understanding that the City wishes to develop a 10 year Projection Capital Improvements Program that targets the potable water facilities infrastructure and recommend solutions to address both present deficiencies and future demands. The CIP Water Master Plan must prioritize and evaluate the costs associated with the necessary improvements and provide applicable recommendations and guidance with internal and external funding opportunities. In order to achieve this, an individual Water Infrastructure Report will be developed. The water distribution infrastructure element will be evaluated for its existing operating conditions within the City and solutions will be proposed for implementation within a 10 ten year period in order to correct deficiencies and propose solutions based on future demands.The proposed solutions will be in the form of water distribution projects that will be identified, prioritized and evaluated based on the severity of need (e.g.fire safety)and construction costs. Upon completion of the necessary analyses, a CIP Water Master Plan will be developed for all the projects identified for each of the infrastructure elements. These projects will be evaluated and prioritized to provide the City with a detailed plan for their implementation. During the development of the project, public outreach efforts and participation meetings will take place to inform the public as well as to solicit and incorporate their input. List of Tasks 1. Data Collection and Site Investigations 2. Development of Analyses Criteria 3. Existing Conditions Modeling Analyses and Calibration using WaterCad modeling software 4. Prioritization & Ranking of Problem Areas and Corrective Actions — 10 Year Future Demand Projection Scenario 5. Capital Improvements Projects (CIP) Water System Master Plan (concurrent with other infrastructure elements) 6. Conceptual Drawings Package 7. Public Involvement Plan (concurrent with other infrastructure elements) 8. Project Coordination and Development Meetings, including liaising with City-hired transportation master planning consultant,to obtain vital information for incorporation into the Master Plan. 815 NW 57 Avenue,Suite 402 I Miami, FL 33126 I Phone:305-264-2557 I Fax:305-264-8363 I www.eacconsult.com I CA#7011 Exclusions from Scope of Services 1. Mapping or Survey of Existing Utilities 2. Soil, Influent and Effluent Sampling 3. Laboratory or Testing Fees 4. Refine, revise or execute the Miami Dade County DRER's hydrologic/hydraulic models for the C-7 and C-8 basins 5. Modifications to Miami Dade County DRER's Planning Procedures 6. Conversion of flood stages from NGVD-29 to NAVD-88 7. Topographic or As-built surveys 8. Geotechnical Assessments 9. Title search or ownership determination 10. Water Quality Modeling 11. Hydrologic/hydraulic modeling of drainage systems outside of the City limits. 12. Provide opinion of probable construction cost for flood protection projects under design 13. Hydrologic/hydraulic modeling of additional future flood protection projects not previously identified by the City 14. Development of Design plans and Construction Documents for Capital Projects 15. Completing and submitting the applicable NFIP forms to obtain a revised CRS classification 16. Assessment of regulatory feasibility of mitigation projects (such as identifying locations where exfiltration trenches cannot be installed due to groundwater contamination, etc.). 17. Review of Bio-solids Disposal Alternatives 18. Groundwater and Pipe Corrosivity Tests 19. Evaluation of Water and Wastewater Treatment Plants 20. Modeling will be undertaken in Scope of Services identified software. No other software will be considered without revisions to scope of work. 21. Traffic Analyses,Traffic Projections and Master Planning. 22. Electrical/Power Systems recommendations 23. FPL and Overhead Cable Undergrounding Master Planning 24. Urban Master Planning 25. Preparation of Funding Applications 26. Coordination with Funding Agencies 27. Development/Update of Rates and Charges 28. Consulting Engineer's Report/Financial Feasibility Report 29. Interlocal Agreement Negotiations City's Protect Execution Responsibilities 1. The appropriate and relevant City staff members will attend all progress meetings 2. The City will assist with the collection of pertinent data from DRER and other agencies including attending all scheduled meeting with such agencies. 3. The City shall provide staff and equipment support during field reconnaissance and site visit. 4. The City shall provide available data summarized in Task 1. 5. The City will provide information regarding the operation of the water system to help verify/calibrate the water model. 6. The EAC team assumes that no model exists for the water system and will create its own model using WaterCad. 7. The EAC team will base projected water demands on population estimates from BEBR or the City's projections of population. Peaking factors will be based on a review of up to three (3) years of historical data and/or other industry standards. Page 2 of 11 8. The City will provide the project team with copies of all Utility Agreements with MD-WASD, historical monthly records of the total water,demand from MD-WASD for a maximum of three (3) years, and historical monthly metered water usage for residents and commercial users for a maximum of three(3)years. 9. The City will make available, an electronic copy of the Traffic Master Plan being conducted by another consultant for coordination purposes with the Utilities Master Plan. In the event that this document is not readily available, the City will facilitate meetings and instruct the assigned consultant to provide the EAC team with relevant information, especially as it relates to future roadway improvements such as roadway widening, intersection improvements. 10. Identification of previous Pipe Breakages and Leakage within the System 11. The EAC team assumes that the City will provide one set of consolidated comments for each reviewed document and will provide feedback to EAC within time allocated on the schedule. 12. Meeting venues, refreshments(if required)and snacks(if required)will be provided by the City. 13. The City will facilitate the receipt of data, reports and other technical data prepared by others that may be relevant to the Scope of Services(e.g the Traffic/Transportation Master Plan). 14. Copies of handouts and fact sheets for Public Involvement Meetings will be provided by the City. 15. Costs and fees associated with Newspaper Advertisements, etc.will be provided by the City. Please feel free to call me at 305-265-5444 with any questions you may have. Sincerely, EAC Consulting,Inc. ■1111111P Huntley Higgins, P.E. Senior Project Manager cc: File Michael "Mike"Adeife, P.E. Page 3 of 11 ATTACHMENT-A SCOPE OF SERVICES AND PROJECT IMPLEMENTATION METHODOLOGY Task 1—DATA COLLECTION AND SITE INVESTIGATIONS 1. The City shall provide the EAC team with an electronic topographic survey of the water system service area conforming to National CAD Standards that shall serve as a base file for overlaying the existing water system network model. 2. The City shall provide the EAC team with any and all data regarding the existing water system network including their Water System Atlas, As-builts, Record Drawings, water meter billing records(3 years), master meter billing records(3 years),etc. 3. The EAC team shall compile and incorporate all the data received from the City and use this information to create the model's base file. 4. The EAC team shall highlight areas of concerns, which may include inconsistencies between the water atlas,as-built information,and record drawings. 5. Areas of concern identified will be discussed and clarified by the City. The EAC team will evaluate the data collected and perform the necessary analyses to prepare the Potable Water Distribution findings. As part of this task, the EAC team will also perform site visits as necessary within the City limits to clarify, document, and supplement data that was collected and familiarize key members of the team with existing conditions. It is anticipated that a City staff member will be available to attend these site visits to facilitate access to any secured or inaccessible property as needed. The City is in the process of updating their Water and Sewer atlases as part of an on-going project. It is anticipated that the Water atlas update will be completed by the end of July 2013. Task 2—DEVELOPMENT OF ANALYSES CRITERIA This task will include the development of the analysis criteria to be used to develop the water distribution system modeling and system analyses. These criteria includes distribution system requirements, service pressure requirements and limits, water needs for fire suppression, and interconnect system requirements. The criteria developed in this task will be used to assess the system's ability to provide adequate water service under existing conditions and guide improvements needed for future water needs through long term/future conditions. Analyses criteria for the water distribution system shall include but not be limited to: Supply System, Service Pressures and Velocities, and Fire Flow. Specifically, 1. The EAC team shall outline operational criteria from Ten States Standard to establish compliance requirements for existing and proposed water distribution systems. 2. The EAC team shall coordinate with the authorities having jurisdiction (AHJs) over fire safety and flows to establish compliance requirements for existing and proposed water distribution and fire flows. 3. In coordination with the City, the EAC team shall establish criteria that identifies whether the utility infrastructure is approaching or has reached the end of its useful life. 4. The EAC team shall develop a calibration plan with five(5) monitoring locations and outline field Page 4 of 11 data collection and coordination requirements. 5. The City shall be required to provide staff to provide access for the EAC team to measure static and residual flows and pressures from selected hydrants in the distribution system. 6. The EAC team shall coordinate with the City to identify existing service agreements and interconnect memorandums currently in use. Task 3—MODELING ANALYSES AND CALIBRATION 1. The City shall provide the EAC team with historical water quantities (years 2010 to 2012) supplied and billed through the Miami Dade points of connection data for use in modeling the existing water distribution system. In addition, metered monthly water usage for the recent years(2010-2012)shall also be provided. 2. The EAC team shall coordinate with the City to obtain existing point of connection(s) operating and service conditions. 3. The EAC team shall develop the criteria for allocating existing water demand across the model nodes. 4. The EAC team shall develop a computerized water distribution system hydraulic network analysis model of the existing water network system based on data provided by the City using WaterCad©. Model calibration shall be performed on the existing system model using data obtained from field hydrant flows and static and residual pressure measurements. 5. The calibrated model shall then be used to analyze the performance of the existing system by the consultant under two scenarios—Maximum Day Peak Hour Demand and Maximum Day Fire Flow Demand at up to six locations in the water model. The Consultant shall identify system deficiencies that relate to pressure,flow, pipe velocities, code and/or regulatory requirements. Task 4—PRIORITIZATION AND RANKING OF PROBLEM AREAS AND CORRECTIVE ACTIONS (PROJECTED 10 YEAR FUTURE SCENARIO) 1. The calibrated model shall then be used to analyze the performance of the existing system by the consultant under two scenarios—Maximum Day Peak Hour Demand and Maximum Day Fire Flow Demand at up to six locations in the water model. The Consultant shall identify system deficiencies that relate to pressure, flow, pipe velocities, code and/or regulatory requirements, outlining infrastructure improvements needed to meet the acceptable level of service standards for the Existing system. 2. The City will provide the EAC team with known developments that will be built in the city within the next five years. The EAC team shall utilize this information from to project future 10-year demands to be included in the water system model. 3. The 10 year future conditions system water model shall then be used to analyze the performance of the existing system by the consultant under two scenarios—Maximum Day Peak Hour Demand and Maximum Day Fire Flow Demand at up to six locations within the city. The EAC team shall identify system deficiencies that relate to pressure, flow, pipe velocities, code and/or regulatory requirements, outlining infrastructure improvements needed to meet the acceptable level of service standards for the system. 4. The EAC team shall then update the 10 year future conditions hydraulic model, incorporating infrastructure improvements to meet regulatory requirements for acceptable level of service standards clearly identifying all new and proposed improvements to meet future buildout growth conditions. 5. A priority and ranking of problem areas as well as the identified improvements shall be undertaken Page 5 of 11 6. The EAC team shall update the existing hydraulic model, incorporating infrastructure improvements to meet regulatory requirements for acceptable level of service standards. 7. The EAC team will develop planning-level cost estimates of the recommended improvements identified based on modeling of the Existing System. The various projects identified will be prioritized based on a ranking procedure. Deliverable The EAC team will prepare Technical Memorandum: Potable Water System — Problem Areas, Ranking and Corrective Actions summarizing the work activities associated with this and the previous task, the steps taken to calibrate the hydraulic model, and the results of the model identifying areas of deficiencies within the potable water distribution system. The memorandum will also outline the recommendations for infrastructure improvements needed to meet the level of service standards and the cost estimates of the various priority projects. The water system deliverable will include a network diagram from each model, supporting documents along with necessary calculations included for the input file, the level of service determined based on the modeling efforts, pipe sizing analysis included in the modeling, and aerial maps identifying problem areas per the modeling analysis. One (1) digital copy, via FTP file transfer in PDF format, and three (3) hard copies of the memorandum will be submitted for the City's review. Before this technical memorandum is finalized, all water models must be approved by the City. Task 5—CAPITAL IMPROVEMENTS PLAN (CIP)MASTER PLAN Based on the improvements identified in each of the above Master Plans,water distribution projects will be identified and evaluated for probable construction cost for budgeting purposes. The projects will then be ranked and combined if necessary to provide the City with priority list of projects based on a cost benefit analysis.The associated costs will be adjusted for the time value of money to determine the best value for the City over the life of each project. The following tasks will be performed: Task 5.1-Project Matrix A Project Matrix will be developed that summarizes the information included in the Water Master Plan. Cost estimates will be performed for the identified projects for the purpose of the preparation of the matrix. This Matrix will include: • Project Description • Project Cost • Project Priority Task 5.2-Identification and Assessment of Potential Federal,State,and Local Funding Sources Key elements in developing the City's Water Capital Improvement Plan (CIP) include identifying the funding sources, assessing the City's financial condition and its ability to service existing and new debt, and determining the best source of funds for needed capital improvements. This evaluation process is used to provide the foundation for the proposed CIP. The goals of this process are to identify the maximum amount of Federal, state, and local funds available to complete each capital improvement project as well as the timing of each project to ensure that each project is linked to the funding deadlines to position the City to obtain and fully utilize each funding mechanism. Page 6 of 11 Services included as part of this task are: • Identification of project/program needs • Identification of grant and other funding opportunities • Formulation of appropriate grant/funding solutions, • Development of program linkages, • Determination of availability of funds from the funding agencies, including due dates for applications and funding requirements Task 5.3-Identification and Assessment of Potential Other Funding Options This task will include identifying other potential funding options including: • Bank Loans • Notes • Bond Issues • Asset Management Options—Partnering,Sale of System, etc. • Other Deliverable Based on the prioritized list of needed improvements and the assessment of sources and availability of funding, the CIP spending plan will be prepared. The plan identifies the capital improvements that are programmed (to be constructed) in each fiscal year of the Study period. Two (2) copies of the draft CIP Water Master Plan Report will be submitted for the City's review and comments. Upon receipt of the City's written review comments,the EAC team will implement applicable comments and will submit six (6) final copies of the CIP Water Master Plan Report to the City in MS Word,and pdf versions. TASK 6—PUBLIC INVOLVEMENT PLAN Purpose This Public Involvement Plan (PIP) is designed to outline the strategy required to obtain meaningful input and support from public, governmental agencies, non-governmental organizations, and other stakeholders on the improvements that will be identified for the City of Opa-Locka - CIP Master Plan. The PIP effort will be undertaken concurrently with other master plan activities. The plan identifies the roles and responsibilities of the project team; the types, number, and purpose of the recommended meetings; and the methods by which the community will be notified and kept up to date on project developments. The plan includes a preliminary schedule of public involvement activities, although it is recognized that public outreach components need to be based on overall project status and deliverables. Effective public participation facilitates understanding and improves decisions by providing a reasonable opportunity for all interested parties to provide input, identify issues and concerns from all perspectives in response to the proposed Capital Improvement Projects (CIP). Both the public and the decision makers shall be given an opportunity to fully understand the problems, opportunities, and available options for planning acceptable solutions for the CIP Master Plan. The purpose of this PIP is to: • Clarify specific public involvement objectives for the project. • Develop a preliminary schedule for the process concurrent with the planning process. • Establish a process for communicating with and obtaining input from the stakeholders who will or may be impacted by this CIP project. • Identify appropriate communication tools and techniques that will be used in the process. Page 7 of 11 Goals and Objective The goal of this PIP is to identify what is important for CIP planning in the project area and to seek agreement and suggestions from the general public, stakeholders, and agencies. The objectives of the PIP include: • Assist the consulting team in developing a well-planned and researched, and publicly acceptable public outreach program. • Provide on-going information to the stakeholders. • Identify key issues and concerns of the public. • Develop and implement a process that maintains open and continuing two-way communication between the public and the EAC team. Approach The PIP is presented in a series of tasks developed to provide information about the project to elected officials, key stakeholders, and the local community and to gather input from them about issues, problems and opportunities to be involved in the process. Task 6.1—Data Collection The EAC team will meet internally to discuss the scope of work, schedule, and plan the public involvement for the project. One EAC team will attend scheduled meetings as well as scheduled meetings with the City of Opa-Locka. It is assumed that the internal meeting will occur prior to the public meeting. The purpose of this meeting will be to plan strategies and objectives, format, and team roles. The EAC team will be responsible for preparing the agenda for the public involvement strategy session,taking meeting notes and distributing them. Task 6.2—Identify Stakeholders and Maintain Stakeholder List The City of Opa-Locka staff will provide the EAC team with a list of stakeholders including contact information (preferably e-mail addresses) for the project area. This list will be used to invite all stakeholders to the public involvement meeting. We will maintain the stakeholder list and update it after each public meeting. Task 6.3—Public Meeting It is assumed that two (2) public meetings will be conducted and will include and provide information to the public relating to the other master plan activities—wastewater, stormwater and roadway. The first meeting will be held at a time to be determined by the City staff, and will serve to introduce the project to the public and provide any updates or pertinent information available at that time. Residents will be provided with an opportunity to discuss the existing problems within the City's water, sewer, and stormwater management and the potential solutions to correct these issues. The benefits of the project will be explained and how it will impact their daily lives. The EAC team will coordinate with the City of Opa-Locka to determine meeting locations, dates, and times. The second meeting will be held after the submission of Task 5 to meet the State Revolving Fund Loan requirements and will serve to explain the resulting projects including the cost and impact on user charges.This will enable the public participation in evaluating project alternatives. Page 8 of 11 The EAC team will: • Coordinate with the City with regards to meeting logistics. The City will be responsible for providing the facilities for the meetings. • Draft letter of invitation and agenda for review • E-mail invitations to stakeholders as identified by the City • Prepare meeting materials(sign-in sheets) • Create one double-sided 81/2 x 11-inch handouts. These handouts will be coordinated with the City prior to distribution at the meetings. Up to 100 copies of the handout for each round of public meetings. • The EAC team will prepare PowerPoint presentations for the meetings. It is assumed that the meeting format will be an open house format, with a presentation by the technical team, followed by a facilitated discussion of issues and concerns. Meeting notes/minutes will be developed based on discussions at the meetings. The meetings are assumed to last no more than two (2) hours. It is also assumed that the City will provide the venue for the public involvement meetings. Task 6.4—Public Meeting,Comment Collection and Public Involvement Reporting The EAC team will prepare a brief meeting summary report within 14 calendar days after each public meeting. The summary report will include a brief description of the meeting date, location, and format; copies of the sign-in sheets; copies of any handouts made available to the public; mailing lists; a summary of discussion notes from the meeting and copies of written comments submitted to the City in electronic format. Task 6.5—Public Outreach Materials Web site The EAC team will provide public involvement materials to the City of Opa-Locka for inclusion in the City's Web site. It is assumed these materials will consist of the items distributed or shown at the Public Meetings and may include fact sheets, project updates, public meeting handouts, etc. Deliverables • Public Involvement Plan • Public Involvement/Stakeholder database • Informational fact sheet(s), briefing materials and other collaterals describing the project and its benefits and tailored to specific audiences • Presentations tailored to specific audiences • Meeting notes and/or summaries Task 7—Project Coordination and Development Meetings All project development meetings will be attended by the Project Manager and one or more of the following individuals as applicable: 1. Lead Water Task Engineer 2. Lead Sewer Task Engineer 3. Lead Stormwater Management Task Engineer 4. Lead Public Involvement Professional Page 9 of 11 Project meetings identified will be held concurrently with the other master plan activities—wastewater, stormwater and roadway elements.The following meetings are anticipated for this project, which is anticipated to last approximately 10.5 months: • One project kick-off meeting • Monthly progress meetings with the City Manager-8 meetings • Meetings with the City Commission—2 meetings(Introductory Meeting, and Meeting after submission of Task 8) • Public Involvement Meeting—1 meeting • Data Collection Meetings to obtain information from the City and other agencies are included in Task 1 • One public meeting per the State Revolving Fund requirements. Task 8—Development of Conceptual Plans To facilitate the implementation of the Capital Improvements Water Master Plan, the EAC Team will develop and compile schematic representations of the proposed projects on an 11 x17 size at a legible scale on updated aerial photography of the City. These representations are intended to serve as a guideline for the City as projects identified in the master plan are being designed. Page 10 of 11 ATTACHMENT—B FEE SCHEDULE The Fee Proposal corresponding to the scope of services is as follows: Water System Master Plan Development, and analysis of the existing and future (10-year) water distribution system using WaterCad©. Provide recommendations for system upgrades, development of cost estimate and identification of funding options. $189,753.00 Hydrant Flow Tests $3,250.00 TOTAL(Water Distribution System CIP Master Plan) $193,003.00 Page 11 of 11 From the esk of: recospoon e L A W Joseph S. Geller, Esq. Trade Centre South, Suite 700 100 W. Cypress Creek Road 888-491-1120 Fort Lauderdale, Florida 33309-2140 Phone: 954.491.1 120 www.gmlaw.com Fax:954.771.9264 Direct Fax:954.331.2037 Email:joseph.geller @gmlaw.com February 27, 2014 Tom Shiflet, P.E. Program Administrator Florida Department of Environmental Protection State Revolving Fund Program Division of Water Resource Management Bob Martinez Center 2600 Blair Stone Road, M.S. 3505 Tallahassee, Florida 32399-2400 Re: Project Number DW-13033 Project Description- Drinking Water Facilities Dear Mr. Shiflet: I am the duly appointed City Attorney for the City of Opa-locka. The City proposes to borrow $6,969,069.00 from the State Revolving Fund for improvements to the City's drinking water facilities. The loan will be secured by the net operating revenues of the City's water and sewer system, and th- proposed pledged revenues are unpledged and available to pledge. The City of Opa-locka As the legal aut z rity to increase rates to ensure repayment of the loan. Since-' ely G 4 N*.1 61• MA- P.A. o-eph 4.. ( eller, Esq. • la-loc 1- ity Attorneys �i`'SG/al c:\nrportbl\active\u617 V17268871_1.docx Aventura I Boca Raton I Ft. Lauderdale I Miami I Naples I Orlando I Port St. Lucie I Tampa I West Palm Beach 4001 FLORIDA DEPARTMENT OF ICK SCOTT (TjOVERNOR ► 4 ENVIRONMENTAL PROTECTION C/.,R LOS Ls p!=� ^r<TE RA BOB MARTINEZ CENTER 2600 BLAIRSTONE ROAD LT GOVERNOR TALLAHASSEE, FLORIDA 32399-2400 HERSCHEL '+— `.INYARD 3R. SECRETARY February 17,2014 Mr. Mohammad Nasir,P.E. City Engineer City of Opa-Locka 780 Fisherman Street,Fourth Floor Opa-Locka,Florida 33054 Re: DW130330—Opa-Locka Water Transmission and Distribution System Improvements Dear Mr.Nasir: Attached is the proposed State Revolving Fund loan agreement for planning the City of Opa-Locka's drinking water facility. Please have the officials designated on page 20 sign three copies. The Clerk's seal is required. Return all three copies to me within three weeks at 2600 Blair Stone Road,Mail Station 3505, Tallahassee,Florida, 32399-2400. We will sign the documents and mail a fully executed original to the City. Please note that the Special Condition listed in Section 10.08 of the Agreement must be provided before any funds can be released. We appreciate your participation in the State Revolving Fund loan program. If you have any questions about the agreement,please call Dawn Walker at 850/245-8381. Sincerely, Angela Knecht,Program Administrator State Revolving Fund Management AK/dw Attachment cc: Kelvin S. Baker—City of Opa-Locka Delia Rosa Kennedy—City of Opa-Locka STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF OPA-LOCKA,FLORIDA DRINKING WATER STATE REVOLVING FUND LOAN AGREEMENT DW130330 Florida Department of Environmental Protection State Revolving Fund Program Bob Martinez Center 2600 Blair Stone Road,MS 3505 Tallahassee, Florida 32399-2400 DRINKING WATER STATE REVOLVING FUND CONSTRUCTION LOAN AGREEMENT CONTENTS PAGE ARTICLE I-DEFINITIONS 1 1.01.WORDS AND TERMS. 1 1.02.CORRELATIVE WORDS. 3 ARTICLE II-WARRANTIES,REPRESENTATIONS AND COVENANTS 3 2.01.WARRANTIES,REPRESENTATIONS AND COVENANTS. 3 2.02.LEGAL AUTHORIZATION. 5 2.03.AUDIT AND MONITORING REQUIREMENTS. 5 ARTICLE III-LOAN REPAYMENT ACCOUNT 8 3.01.LOAN DEBT SERVICE ACCOUNT. 8 3.02.INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS. 8 3.03.LOAN DEBT SERVICE ACCOUNT WITHDRAWALS. 8 3.04.ASSETS HELD IN TRUST. 9 ARTICLE IV-PROJECT INFORMATION 9 4.01.PROJECT CHANGES. 9 4.02.TITLE TO PROJECT SITE. 9 4.03.RESERVED. 9 4.04.RESERVED. 9 4.05.RESERVED. 9 4.06.COMPLETION MONEYS. 9 4.07.CLOSE-OUT. 10 4.08.DISBURSEMENTS. 10 ARTICLE V-RATES AND USE OF THE WATER AND SEWER SYSTEMS 10 5.01.RATE COVERAGE. 10 5.02.NO FREE SERVICE. 11 5.03.MANDATORY CONNECTIONS. 11 5.04.NO COMPETING SERVICE. 11 5.05.MAINTENANCE OF THE WATER AND SEWER SYSTEMS. 11 5.06.ADDITIONS AND MODIFICATIONS. 11 5.07. COLLECTION OF REVENUES. 11 ARTICLE VI-DEFAULTS AND REMEDIES 12 6.01.EVENTS OF DEFAULT. 12 6.02.REMEDIES. 12 6.03.DELAY AND WAIVER 13 ARTICLE VII-THE PLEDGED REVENUES 13 7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. 13 7.02.ADDITIONAL DEBT OBLIGATIONS. 14 ARTICLE VIII-GENERAL PROVISIONS 14 8.01.DISCHARGE OF OBLIGATIONS. 14 8.02. PROJECT RECORDS AND STATEMENTS. 14 8.03.ACCESS TO PROJECT SITE. 14 i DRINKING WATER STATE REVOLVING FUND CONSTRUCTION LOAN AGREEMENT CONTENTS • PAGE 8.04.ASSIGNMENT OF RIGHTS UNDER AGREEMENT. 15 8.05.AMENDMENT OF AGREEMENT. 15 8.06.ANNULMENT OF AGREEMENT. 15 8.07. SEVERABILITY CLAUSE. 15 8.08.COMPLIANCE VERIFICATION. 15 ARTICLE IX-RESERVED 16 ARTICLE X-DETAILS OF FINANCING 16 10.01.PRINCIPAL AMOUNT OF LOAN. 16 10.02.LOAN SERVICE FEE. 16 10.03.INTEREST RATE. 17 10.04.LOAN TERM. 17 10.05.REPAYMENT SCHEDULE. 17 10.06.PROJECT COSTS. 17 10.07. SCHEDULE. 18 10.08. SPECIAL CONDITION. 19 ARTICLE XI-EXECUTION OF AGREEMENT 20 11 DRINKING WATER STATE REVOLVING FUND LOAN AGREEMENT - DW130330 THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(Department) and the CITY OF OPA-LOCKA, FLORIDA,(Project Sponsor)existing as a local governmental agency under the laws of the State of Florida. WITNESSETH: WHEREAS,pursuant to Section 403.8532,Florida Statutes,the Department is authorized to make loans to finance the planning,design and finance or refinance the construction of public water systems; and WHEREAS,the Project Sponsor has made application for the financing of Preconstruction Activities,and the Department has determined that all requirements for a Loan have been met. NOW, THEREFORE,in consideration of the Department loaning money to the Project Sponsor, in the principal amount and pursuant to 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) "Agreement"or"Loan Agreement"shall mean this agreement. (2) "Authorized Representative"shall mean the official of the Project Sponsor authorized by ordinance or resolution to sign documents associated with the Loan. (3) "Capitalized Interest"shall mean the interest accruing on Loan proceeds from the time of disbursement until six months before the first Semiannual Loan Payment is due. Capitalized Interest is financed as part of the Loan principal. (4) "Construction Related Costs"shall mean costs for allowable construction, equipment,materials,demolition,land, contingency, and technical services after construction bid opening, and Capitalized Interest associated with the foregoing costs. (5) "Depository"shall mean a bank or trust company,having a combined capital and unimpaired surplus of not less than$50 million,authorized to transact commercial banking or savings and loan business in the State of Florida and insured by the Federal Deposit Insurance Corporation. 1 (6) "Gross Revenues"shall mean all income or earnings received by the Project Sponsor from the ownership or operation of its Water 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 Water or Sewer System,condemnation awards or proceeds of insurance,except use and occupancy or business interruption insurance,received with respect to the Water or Sewer System. (7) "Loan"shall mean the amount of money to be loaned pursuant to this Agreement and subsequent amendments. (8) "Loan Application"shall mean the completed form which provides all information required to support obtaining loan financial assistance from the Department. (9) "Loan Debt Service Account"shall mean an account, or a separately identified component of a pooled cash or liquid account,with a Depository established by the Project Sponsor for the purpose of accumulating Monthly Loan Deposits and making Semiannual Loan Payments. (10) "Loan Service Fee" hall mean an origination fee which shall be paid to the Department by the Project Sponsor. (11) "Monthly Loan Deposit" shall mean the monthly deposit to be made by the Project Sponsor to the Loan Debt Service Account. (12) "Operation and Maintenance Expense"shall mean the costs of operating and maintaining the Water and Sewer Systems determined pursuant to generally accepted accounting principles,exclusive of interest on any debt payable from Gross Revenues, depreciation,and any other items not requiring the expenditure of cash. (13) "Pledged Revenues"shall mean the specific revenues pledged as security for repayment of the Loan and shall be the Gross Revenues derived yearly from the operation of the Water and Sewer Systems after payment of the Operation and Maintenance Expense and the satisfaction of all yearly payment obligations on account of the Senior Revenue Obligations and any senior obligations issued pursuant to Section 7.02 of this Agreement. (14) "Preconstruction Activities"shall mean the planning,administrative,and engineering work necessary for the Project Sponsor to qualify for a Drinking Water State Revolving Fund loan to finance construction of drinking water facilities. Preconstruction milestones are listed in Section 10.07. (15) "Project"shall mean the construction of facilities planned and designed through the Preconstruction Activities and financed by an amendment to this Agreement. The Project shall be defined more specifically when the Agreement is amended.The Project is an Equivalency Project as defined in Chapter 62-552,Florida Administrative Code. (16) "Semiannual Loan Payment"shall mean the payment due from the Project Sponsor to the Department at six-month intervals. 2 (17) "Sewer System"shall mean all facilities owned by the Project Sponsor for collection,transmission,treatment and reuse of wastewater and its residuals. (18) "Water System"shall mean all facilities owned by the Project Sponsor 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. ARTICLE H-WARRANTIES,REPRESENTATIONS AND COVENANTS 2.01. WARRANTIES,REPRESENTATIONS AND COVENANTS. The Project Sponsor warrants,represents and covenants that: (1) The Project Sponsor has full power and authority to enter into this Agreement and to comply with the provisions hereof. (2) The Project Sponsor currently is not the subject of bankruptcy,insolvency, or reorganisation 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 Project Sponsor's knowledge,threatened, which seeks to restrain or enjoin the Project Sponsor from entering into or complying with this Agreement. (4) The Project Sponsor knows of no reason why any future required permits or approvals associated with the Project are not obtainable. (5) The Project Sponsor shall undertake the Project on its own responsibility, to the extent permitted by law. (6) To the extent permitted by law,the Project Sponsor shall release and hold harmless the State,its officers,members, and employees from any claim arising in connection with the Project Sponsor's actions or omissions in its planning,engineering, administrative,and construction activities financed by this Loan or its operation of the Project. (7) All Project Sponsor representations to the Department,pursuant to the Loan Application and Agreement,were true and accurate as of the date such representations were made. The financial information delivered by the Project Sponsor to the Department was current and correct as of the date such information was delivered. The Project Sponsor shall comply with Chapter 62-552,Florida Administrative Code,and all applicable State and Federal laws, 3 rules, and regulations which are identified in the Loan Application or Agreement Minority and Women's Business Enterprise goals apply to this Project. To the extent that any assurance, representation,or covenant requires a future action,the Project Sponsor shall take such action as is necessary for compliance. (8) The Project Sponsor shall maintain records using Generally Accepted Governmental Accounting Standards established by the Governmental Accounting Standards Board. As part of its bookkeeping system,the Project Sponsor shall keep accounts of the Water and Sewer Systems separate from all other accounts and it shall keep accurate records of all revenues, expenses,and expenditures relating to the Water and Sewer Systems,and of the Pledged Revenues,Loan disbursement receipts, and Loan Debt Service Account. (9) In the event the anticipated Pledged Revenues are shown by the Project Sponsor's annual budget to be insufficient to make the Semiannual Loan Payments for such Fiscal Year when due,the Project Sponsor shall include in such budget other legally available non-ad valorem funds which will be sufficient,together with the Pledged Revenues,to make the Semiannual Loan Payments. Such other legally available non-ad valorem funds shall be budgeted in the regular annual governmental budget and designated for the purpose provided by this Subsection,and the Project Sponsor shall collect such funds for application as provided herein. The Project Sponsor shall notify the Department immediately in writing of any such budgeting of other legally available non-ad valorem funds. Nothing in this covenant shall be construed as creating a pledge,lien,or charge upon any such other legally available non-ad valorem funds;requiring the Project Sponsor to levy or appropriate ad valorem tax revenues; or preventing the Project Sponsor from pledging to the payment of any bonds or other obligations all or any part of such other legally available non-ad valorem funds. (10) Each year,beginning three months before the first Semiannual Loan Payment and ending with the year during which the final Loan repayment is made,the Project Sponsor's Authorized Representative or its chief financial officer shall submit,pursuant to the schedule established in Section 10.07,a certification that: (a)Pledged Revenue collections satisfy the rate coverage requirement; (b)the Loan Debt Service Account contains the funds required;and(c) insurance in effect for the facilities generating the Pledged Revenues adequately covers the customary risks to the extent that such insurance is available. (11) Pursuant to Section 216.347 of the Florida Statutes,the Project Sponsor shall not use this Loan proceeds for the purpose of lobbying the Florida Legislature,the Judicial Branch, or a State agency. (12) The Project Sponsor agrees to complete the Preconstruction Activities and,upon inclusion by an amendment to this Agreement,the Project,in accordance with the Preconstruction Activities schedule set forth in Section 10.07 and a Project schedule added by amendment to this Agreement. Delays incident to strikes,riots,acts of God,and other events beyond the reasonable control of the Project Sponsor are excepted. However,there shall be no resulting diminution or delay in the Semiannual Loan Payment or the Monthly Loan Deposit. (13) The Project Sponsor covenants that this Agreement is entered into for the purpose of completing planning, engineering, and administrative activities in order to construct facilities 4 which will,in all events serve a public purpose. The Project Sponsor covenants that it will, -- under all conditions,complete and operate the Project to fulfill the public need. - 2.02. LEGAL AUTHORIZATION. Upon signing this Agreement,the Project Sponsor's legal counsel hereby expresses the opinion,subject to laws affecting the rights of creditors generally,that: (1) This Agreement has been duly authorized by the Project Sponsor and shall constitute a valid and legal obligation of the Project Sponsor enforceable in accordance with its terms upon execution by both parties; and (2) This Agreement specifies the revenues pledged for repayment of the Loan, and the pledge is valid and enforceable. 2.03.AUDIT AND MONITORING REQUIREMENTS. The Project Sponsor agrees to the following audit and monitoring requirements. (1) The financial assistance authorized pursuant to this Loan Agreement consists of the following: Federal Resources,Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program Federal I CFDA Funding Appropriation Number Agency Number CFDA Title Amount Category FS984522-013 EPA 66.468 Capitalization Grants for $240,000 140129 Drinking Water State Revolving Fund (2) Audits. (a) In the event that the Project Sponsor expends$500,000 or more in Federal awards in its fiscal year,the Project Sponsor must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised. Subsection 2.03(1) of this Agreement indicates that Federal funds are awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year,the Project Sponsor shall consider all sources of Federal awards,including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,as revised. An audit of the Project Sponsor conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised, will meet the requirements of this part. (b) In connection with the audit requirements addressed in the preceding paragraph(a), the Project Sponsor shall fulfill the requirements relative to auditee responsibilities as provided - in Subpart C of OMB Circular A-133,as revised. - 5 (c) If the Project Sponsor expends less than$500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,is not required. The Project Sponsor shall inform the Department of findings and recommendations pertaining to the State Revolving Fund in audits conducted by the Project Sponsor in which the $500,000 threshold has not been met. In the event that the Project Sponsor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from Project Sponsor resources obtained from other than Federal entities). (d) The Project Sponsor may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov/index?cck=1&au=&ck=. (3) Report Submission. (a) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by Subsection 2.03(2)of this Agreement shall be submitted, when required by Section.320 (d), OMB Circular A-133,as revised,by or on behalf of the Project Sponsor directly to each of the following: (i) The Department at the following address: Valerie Peacock,Audit Director Office of the Inspector General Florida Department of Environmental Protection 3900 Commonwealth Boulevard,MS 41 Tallahassee, Florida 32399-3123 (ii) The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised(the number of copies required by Sections .320(d)(1)and(2), OMB Circular A-133,as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ (iii) Other Federal agencies and pass-through entities in accordance with Sections .320(e) and(f), OMB Circular A-133, as revised. (b) Pursuant to Section.320(f), OMB Circular A-133,as revised,the Project Sponsor shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133, as revised,and any management letters issued by the auditor;to the Department at the address listed under Subsection 2.03(3)(a)of this Agreement. 6 (c) Any reports,management letters,or other-information required to be submitted to the Department pursuant to this Agreement shall be.submitted timely in accordance with OMB Circular A-133,Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. (d) Project Sponsors,when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Project Sponsor in correspondence accompanying the reporting package. (4) Project-Specific Audit. Within 12 months after the amendment establishing final Project costs,the Project Sponsor shall submit to the Department a Project-specific audit report for the Loan related revenues and expenditures. The audit shall address Loan disbursements received,Project expenditures,and-compliance with Loan Agreement covenants. The Project Sponsor shall cause the auditor to notify the Department immediately if anything comes to the auditor's attention during the examination of records that would constitute a default under the Loan Agreement. The audit findings shall set aside or question any costs that are unallowable under Chapter 62- 552,Florida Administrative Code. A final determination of whether such costs are allowed shall be made by the Department. (5) Record Retention. The Project Sponsor shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department,or its designee,Chief Financial Officer,or Auditor General access to such records upon request. The Project Sponsor shall ensure that audit working papers are made available to the Department,or its designee, Chief Financial Officer,or Auditor General upon request for a period of five years from the date the audit report is issued,unless extended in writing by the Department. The Project Sponsor is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,the Project Sponsor shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. The Project Sponsor should confer with its chief financial officer,audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. (6) Monitoring. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see audit requirements above),monitoring procedure s may include,but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,as 7 revised;and/or other procedures. By entering into this Agreement,the Project Sponsor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the - Department. In the event the Department determines that a limited scope audit of the Project Sponsor is appropriate,the Project Sponsor agrees to comply with any additional instructions provided by the Department to the Project Sponsor regarding such audit. The Project Sponsor further agrees to comply and cooperate with any inspections,reviews, investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. ARTICLE III- LOAN REPAYMENT ACCOUNT 3.01.LOAN DEBT SERVICE ACCOUNT. The Project Sponsor shall establish a Loan Debt Service Account with a Depository and begin making Monthly Loan Deposits no later than the date set forth for such action in Section 10.07 of this Agreement. Beginning six months prior to each Semiannual Loan Payment,the Project Sponsor shall make six Monthly Loan Deposits. The first five deposits each shall be at least equal to one-sixth of the Semiannual Loan Payment. The sixth Monthly Loan Deposit shall be at least equal to the amount required to make the total on deposit in the Loan Debt Service Account equal to the Semiannual Loan Payment amount,taking into consideration investment earnings credited to the account pursuant to Section 3.02. Any month in which the Project Sponsor fails to make a required Monthly Loan Deposit, the Project Sponsor's chief financial officer shall notify the Department of such failure. In addition,the Project Sponsor agrees to budget,by amendment if necessary,payment to the Department from other legally available non-ad valorem funds 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 Project Sponsor,nor shall it be construed to give the Department the power to require the Project Sponsor to levy and collect any revenues other than Pledged Revenues. 3.02.INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS. Moneys on deposit in the Loan Debt Service Account shall be invested pursuant to the laws of the State of Florida. Such moneys may be pooled for investment purposes. 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. The investment earnings shall be credited to the Loan Debt Service Account and applied toward the Monthly Loan Deposit requirements. 3.03.LOAN DEBT SERVICE ACCOUNT WITHDRAWALS. The withdrawal of moneys from the Loan Debt Service Account shall be for the sole purpose of making the Semiannual Loan Payment or for discharging the Project Sponsor's obligations pursuant to Section 8.01. 8 3.04. ASSETS HELD IN TRUST. --- The assets in all 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. After the Department's environmental review has been completed,the Project Sponsor shall promptly notify the Department,in writing,of any Project change that would require a modification to the environmental information document. 4.02. TITLE TO PROJECT SITE. No later than the date established by Section 10.07,the Project Sponsor shall have an interest in real property sufficient for the construction and location of any facility planned and designed through Preconstruction Activities free and clear of liens and encumbrances which would impair the usefulness of such sites for the intended use. If a limited site title certification is accepted at that date,the Department shall establish a date for submittal of a clear site title certification by amendment. 4.03. RESERVED. 4.04.RESERVED. 4.05.RESERVED. 4.06. COMPLETION MONEYS. The Department covenants that loan funds to finance Construction Related Costs will be made available to the Project Sponsor at no greater than the interest rate set forth in Section 10.03 provided the Project Sponsor complies with the schedule in Section 10.07,requests and obtains a ranking of the Construction Related Costs on the fundable portion of the Department's construction loan priority list,and submits a complete Loan Application. If the Project Sponsor does not complete the Preconstruction Activities by the date specified in Section 10.07,the commitment to finance Construction Related Costs at no greater than the interest rate specified in Section 10.03 shall be terminated. In addition to the proceeds of this or subsequent Loans,the Project Sponsor covenants that it has obtained,or will obtain, sufficient moneys from other sources to complete the Preconstruction Activities. The Project Sponsor also covenants that if additional Loan financing is provided for Construction Related Costs by amendment of this Agreement, it will obtain, sufficient moneys from other sources as necessary to complete the Project. 9 4.07. CLOSE-OUT. The Department shall conduct a final inspection of the Project records,or the Preconstruction Activities records if this Agreement is not amended to fund Construction Related Costs.Following the inspection,deadlines for submitting additional disbursement requests, if any, shall be established,along with deadlines for uncompleted Loan requirements,if any. Deadlines shall be incorporated into the Loan Agreement by amendment. After the Department establishes the final costs to be financed by the Loan,the itemized costs will be adjusted by amendment. The Loan principal shall be reduced by any excess over the amount required to pay all approved costs. As a result of such adjustment,the Semiannual Loan Payment shall be reduced accordingly,as addressed in Section 10.05. 4.08. DISBURSEMENTS. Disbursements shall be made only by the State Chief Financial Officer and only when the requests for such disbursements are accompanied by a Department certification that such withdrawals are proper expenditures. Disbursements shall be made directly to the Project Sponsor for planning,engineering,and administration allowances. Requests by the Project Sponsor for disbursements of the preconstruction funds hall be made using the Department's disbursement request form but shall not require documentation of actual costs incurred. One-half of the administrative and planning allowances shall be disbursed on request of the Project Sponsor after the Loan Agreement is executed. The remaining one-half of the administrative and planning allowances and the initial one-half of the engineering allowance shall be disbursed on request of the Project Sponsor after the Department has completed the environmental review. The remaining one-half of the engineering allowance shall be disbursed on request of the Project Sponsor after the completed plans and specifications have been accepted by the Department. Disbursements for administration and engineering shall be adjusted to an amount that is based on as-bid costs once all contracts have been bid. Disbursements for Construction Related Costs shall occur only as a result of an amendment to this Agreement. The following allowance amounts will be disbursed at the specified milestone events unless the allowances are reduced pursuant to Section 10.06: Milestone Event Amount Loan Agreement executed $ 45,000 Department completion of environmental review(requires 120,000 completion of facilities planning) Department acceptance of plans and specifications 75,000 Total $ 240,000 ARTICLE V- RATES AND USE OF THE WATER AND SEWER SYSTEMS 5.01. RATE COVERAGE. - The Project Sponsor shall maintain rates and charges for the services furnished by the Water and Sewer Systems which will be sufficient to provide,in each Fiscal Year,Pledged 10 Revenues equal to or exceeding 1.15 times the sum of the Semiannual Loan Payments due in such Fiscal Year. In addition,the Project Sponsor shall satisfy the coverage requirements of all senior and parity debt obligations. 5.02.NO FREE SERVICE. The Project Sponsor shall not permit connections to,or furnish any services afforded by, the Water or Sewer System without making a charge therefore based on the Project Sponsor's uniform schedule of rates,fees,and charges. 5.03. MANDATORY CONNECTIONS. The Project Sponsor 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 sewed,or may reasonably be served,by the Sewer System to connect such building to the Sewer System. 5.04.NO COMPETING SERVICE. The Project Sponsor shall not allow any person to provide any services which would compete with the Water or Sewer System so as to adversely affect Gross Revenues. 5.05.MAINTENANCE OF THE WATER AND SEWER SYSTEMS. The Project Sponsor shall operate and maintain the Water 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 Project Sponsor may make any additions,modifications or improvements to the Water and Sewer Systems which it deems desirable and which do not materially reduce the operational integrity of any part of the Water or Sewer System. All such renewals,replacements, additions,modifications and improvements shall become part of the Water and Sewer Systems. 5.07. COLLECTION OF REVENUES. The Project Sponsor shall use its best efforts to collect all rates,fees and other charges due to it. The Project Sponsor shall establish liens on premises served by the Water or Sewer System for the amount of all delinquent rates,fees and other charges where such action is permitted by law. The Project Sponsor 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 Water and Sewer System rates,fees and other charges. 11 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 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 30 days. (2) Except as provided in Subsections 6.01(1)and 6.01(7),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 and such failure shall continue for a period of 60 days after written notice thereof to the Project Sponsor by the Department. (3) Any warranty,representation or other statement by,or on behalf of,the Project Sponsor 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 Project Sponsor,appointing a receiver of any part of the Water or Sewer System or Gross Revenues thereof;or if such order or decree,having been entered without the consent or acquiescence of the Project Sponsor,shall not be vacated or discharged or stayed on appeal within 60 days after the entry thereof. (5) Any proceeding instituted,with the acquiescence of the Project Sponsor,for the purpose of effecting a composition between the Project Sponsor 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 Water or Sewer System. (6) Any bankruptcy,insolvency or other similar proceeding instituted by,or against,the Project Sponsor under federal or state bankruptcy or insolvency law now or hereafter in effect and,if instituted against the Project Sponsor,is not dismissed within 60 days after filing. (7) Failure of the Project Sponsor to give immediate written notice of default to the Department and such failure shall continue for a period of 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 Water and Sewer Systems, and to require the Project Sponsor to fulfill this Agreement. (2) By action or suit in equity,require the Project Sponsor to account for all moneys received from the Department or from the ownership of the Water and Sewer Systems and to account for the receipt,use,application,or disposition of the Pledged Revenues. 12 (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 Water 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 Auditor General and the Chief Financial Officer delinquency on loan repayments,the Department may intercept the delinquent amount plus six percent, expressed as an annual interest rate,penalty of the amount due to the Department from any unobligated funds due to the Project Sponsor under any revenue or tax sharing fund established by the State,except as otherwise provided by the State Constitution or State law. Penalty interest shall accrue on any amount due and payable beginning on the 30th day following the date upon which payment is due. (6) By notifying financial market credit rating agencies and potential creditors. (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 on the unpaid principal of the Loan to as much as 1.667 times the Loan interest rate 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 an 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 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,which along with any other Department State Revolving Fund liens on the Pledged Revenues,on equal priority,will be prior and superior to any other lien,pledge or assignment with the following exception. All obligations of the Project Sponsor under this Agreement shall be junior,inferior, and subordinate in all respects in right of payment and security to any additional senior obligations issued with the Department's consent pursuant to Section 7.02. 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 1.15 times the debt service coming due in each Fiscal Year under the terms of this Agreement. 13 7A)2. ADDITIONAL DEBT OBLIGATIONS. The Project Sponsor may issue additional 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. Such consent shall be granted if the Project Sponsor demonstrates at the time of such issuance that the Pledged Revenues,which may take into account reasonable projections of growth of the Water and Sewer Systems and revenue increases,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 1.15 times the annual combined debt service requirements of this Agreement and the obligations proposed to be issued by the Project Sponsor and will satisfy the coverage requirements of all other debt obligations secured by the Pledged Revenues. ARTICLE VIII-GENERAL PROVISIONS 8.01. DISCHARGE OF OBLIGATIONS. All Semiannual Loan 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 Project Sponsor shall have paid,or shall have made provision for the timely payment of the entire principal amount of the Loan and interest,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,engineering 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 Project Sponsor has received a disbursement and until five years after the date that the Project-specific audit report,required under Subsection 2.03(4), is issued. 8.03.ACCESS TO PROJECT SITE. The Project Sponsor shall provide access to offices and other sites where Preconstruction Activities or Project work is ongoing,or has been performed,to authorized representatives of the Department at any reasonable time. The Project Sponsor shall cause its engineers and contractors to provide copies of relevant records and statements for inspection. 14 8.04.ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The Department may assign any part of its rights under this Agreement after notification to the Project Sponsor. The Project Sponsor 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. A final amendment establishing the final Project costs shall be completed after the Department's final inspection of the Project records. 8.06.ANNULMENT OF AGREEMENT. The Department may unilaterally annul this Agreement if the Project Sponsor has not drawn any of the Loan proceeds within eighteen months after the effective date of this Agreement. If the Department unilaterally annuls this Agreement,the Department will provide written notification to the Project Sponsor. 8.07. 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. 8.08. COMPLIANCE VERIFICATION. (1) The Project Sponsor shall periodically interview 10%of the work force entitled to Davis-Bacon prevailing wages(covered employees)to verify that contractors or subcontractors are paying the appropriate wage rates. Project Sponsors shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. As provided in 29 CFR 5.6(a)(5) all interviews must be conducted in confidence. The Project Sponsor must use Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (2) The Project Sponsor shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The Project Sponsor shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with Davis-Bacon posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum,if practicable,the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Project Sponsors must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with Davis-Bacon. In addition,during the examinations the 15 Project Sponsor shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (3) The Project Sponsor shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor(DOL)or a state, as appropriate,and that contractors and subcontractors are not using disproportionate numbers of laborers,trainees,and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in items(1)and(2)above. (4) Project Sponsors must immediately report potential violations of the Davis-Bacon prevailing wage requirements to the EPA Davis-Bacon contact Sheryl Parsons at Parsons.Sheryl @epamail.epa.gov and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/whdiamerica2.htm. ARTICLE IX-RESERVED ARTICLE X-DETAILS OF FINANCING 10.01. PRINCIPAL AMOUNT OF LOAN. The principal amount of the Loan is$246,300,which includes $240,000 to be disbursed to the Project Sponsor and$6,300 of Capitalized Interest. Capitalized Interest is not disbursed to the Project Sponsor,but is amortized via periodic Loan repayments to the Department as if it were actually disbursed. Capitalized Interest is computed at the interest rate, or rates, 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. Capitalized Interest is estimated prior to establishing the schedule of actual disbursements. 10.02. LOAN SERVICE FEE. The Loan Service Fee is$4,800 for the Loan amount authorized to date. The fee represents two percent of the Loan amount excluding Capitalized Interest;that is,two percent of $240,000. An additional Loan Service Fee amount will be assessed for any additional funding provided by amendment to this Agreement. The fee shall be adjusted downward if adjustment of Project costs results in a Loan decrease,provided that the decrease amendment is executed before the first Semiannual Loan Payment due date. Interest shall accrue on the Loan Service Fee at the rate, or rates, set for the Loan until the fee is paid. Loan Service Fee interest shall be compounded annually from the effective date of the Loan until six months before the first Semiannual Loan Payment is due at which time it is capitalized. The estimated Loan Service Fee Capitalized Interest is $260. 16 10.03. INTEREST RATE. The rate of interest on the unpaid principal of the Loan amount specified in Section 10.01 is 2.53 percent per annum. However,if this Agreement is not executed by the Project Sponsor and returned to the Department before April 1,2014,the interest rate may be adjusted. A new interest rate shall be established for any additional funds provided by amendment to this Agreement. 10.04. LOAN TERM. The Loan shall be repaid in 40 Semiannual Loan Payments. 10.05. REPAYMENT SCHEDULE. The Semiannual Loan Payment shall be computed based upon the principal amount of the Loan plus the Loan Service Fee and Loan Service Fee capitalized interest and the principle of level debt service. The Department will deduct the Loan Service Fee and all associated interest from the first two payments. The Loan principal and Semiannual Loan Payment amounts may be revised by amendment of the Agreement. After the final disbursement of Loan proceeds,the Loan principal will be adjusted to reflect the actual dates and amounts of disbursements. Accordingly,the Semiannual Loan Payment amount shall be adjusted,taking into consideration any previous payments. Each Semiannual Loan Payment shall be in the amount of$8,046 until the payment amount is adjusted by amendment. 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 also shall be computed on the unpaid balance of the Loan Service Fee and Loan Service Fee capitalized interest. Interest shall be computed as of the due date of each Semiannual Loan Payment. Unless repayment is deferred by an amendment to this Agreement, Semiannual Loan Payments shall be received by the Department beginning on October 15,2016 and semiannually thereafter on April 15 and October 15 of each year until all amounts due hereunder have been fully paid. Funds transfer shall be made by electronic means. The Semiannual Loan Payment amount is based on the total amount to be repaid of $251,360,which consists of the Loan principal plus the Loan Service Fee with its capitalized interest. 10.06. PROJECT COSTS. The Project Sponsor and the Department acknowledge that actual Project costs or Preconstruction Activities allowances have not been determined as of the effective date of this Agreement. An adjustment to Preconstruction Activities allowances may be made due to a reduction in the scope of work proposed for Loan funding as a result of the facilities planning process. Failure to achieve Department acceptance of plans and specifications for all facilities proposed for Loan funding prior to the date specified in Section 10.07 may cause adjustment of the Preconstruction Activities allowances. Capitalized Interest will be recalculated based on 17 actual dates and amounts of Loan disbursements. The final Project costs and all allowances shall be established in the final amendment. Changes in Project costs or Preconstruction Activities allowances may also occur as a result of the Project Sponsor's audit or the Department's audit. Preconstruction Activities costs by category are as follows: Administrative Allowance $ 12,000 Planning Allowance $ 78,000 Engineering Allowance $ 150,000 SUBTOTAL(Disbursable Amount) $ 240,000 Capitalized Interest $ 6,300 TOTAL(Loan Principal Amount) $ 246,300 The listed allowances are based on estimated Construction Related Costs of$6,800,000 (excluding Capitalized Interest). 10.07.SCHEDULE-. In order to preserve the Department's commitment to provide financing for Construction Related Costs at no greater than the interest rate specified in Section 10.03,the Preconstruction Activities listed under(1)through(4)below shall be completed no later than October 15,2015. (1) Completion of the facilities plan, including any specialized studies and responding to comments,and acceptance by the Department. (2) Completion of plans and specifications for all Project facilities proposed for Loan funding and acceptance by the Department. (3) Certification of availability of all sites for the proposed facilities. (4) Department permit for construction of the proposed facilities or pub lica tion of e of intent to issue construction permit. (5) Reserved. (6) Reserved. (7) Unless deferred by amendment,establish the Loan Debt Service Account and begin Monthly Loan Deposits no later than April 15,2016. (8) Unless deferred by amendment,provide certifications under Subsection 2.01(10) beginning July 15,2016,and annually thereafter no later than September 30 of each year until the final Semiannual Loan Payment is made. (9) Unless this Agreement is amended to provide construction financing,the first Semiannual Loan Payment in the amount of$8,046 shall be due October 15,2016. 18 10.08. SPECIAL CONDITION. Funds provided in this Agreement shall not be released until the Local Government submits a Legal Opinion which addresses the availability of pledged revenues,the right to increase rates,and the subordination of the pledge; and an Authorizing Resolution which authorizes the application,establishes the pledged revenues,and establishes authorized representatives for signing the application and executing the agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 19 ARTICLE XI-EXECUTION OF AGREEMENT This Loan Agreement DW130330 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. iN WITNESS WHEREOF,the Department has caused this Agreement to be executed on its behalf by the Deputy Division Director and the Project Sponsor 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 Deputy Director. for CITY OF OPA-LOCKA City Manager Attest: I attest to the opinion expressed in Section 2.02,entitled Legal Authorization. City Clerk City Attorney SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Program Administrator Date State Revolving Fund 20 r( L_ JZT UTILITIES INCORPORATED "General Contractors" August 23, 2013 Mr. Ronnie King, Water Division Supervisor Public Works & Utilities Department City of Opa-Lacka 12950 NW 42nd Avenue Opa-Lacka, Florida 33054 Phone:305-953-3058 Fax: 305-953-2835 Re: Pump Station 11-C Force main Repair&Modification Subject: PROPOSAL Dear Mr. King: ZJT Utilities, inc. hereby proposes to render the scope of as discussed at site meeting held on August 23, 2013. This proposal is based on the schematic provided and includes all required labor and equipment to prosecute the scope of work as detailed below: 1. Install Owner furnished material for the demolition,replacement and reconfiguration of 12 DIP discharge from the coupling inside pump station and connecting to existing 12" force main. Scope includes installation of 1 -12"isolation valve, 1-45 bend and 1-wye 2. Modification to existing 12" force main entering the sanitary man hole at pump station including installation of 2-12"valve, 1-Wye and 1-45 bend. The requisite bypass pumping and force main isolation to be performed by other. JZT Utilities proposed to perform the aforementioned scope of work for a lump sum $49,850.00 Forty Nine Thousand,Eight Hundred and Fifty Dollars. - - Ch topher Facey Senior Project Manager &oward Offiec Dade Office: 2240 NW.72 Way 6600 NW 27th Avenue Hollywood. Hollywood,FL 33024 Miami,Florida 33147 Ph:786-768-9405*Fax:954-987-6434 Ph:786-768-9405* F.u:ail:chrisfacevJZT(a?ginail.com CONSTRUCTION General Contractors C AND DESIGN INC. 14031 SW 143rd Court Unit Miami,Florida - _.._-_ 33186 Phone:(305)255-6067 Fax.:(786)430-1747 PROPOSAL/CONTRACT NAME/ADDRESS DATE PROPOSAUCONT. 8/22/2013 Mohammad Nasir, P.E City Engineer PROJECT City of Opa-Locka Install insulation valve and force main by-pass Labor PAYMENT TERMS: Based upon Applications for Payment.submitted to the Owner/Agent by the Contractor,the Owner/Agent that make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in this Proposal. Therefore,the Owner/Agent shall make payments to the Contractor as follows: Final retentions of the balance owed are not allowed.Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the following rate:any balance past thirty(30)days will be sullied to 1-2%per month(18%per annual)finance charge with the Owner/Agent paying for all attorneys'fees should collection be necessary. This proposal may be withdrawn by Cal Construction and Dessn Inc.if not accepted within 30 days. We propose hereby to furnish material and labor complete in accordance with above specifications,for the sum of: Authorized Signature: $14,500.00 Carlos Maldonado (Fourteen Thousand Five Hundred and 00/100 Dollars) Note:This proposal may be withdrawn by us if not accepted within 30 days. All material is guaranteed to be as specified. Ail work to be completed in a workmanlike manner according to standard practices. Any alteration p Acceptance of Proposal deviation from above specification involving extra costs wit be executed The above prices,specifications and conditions are satisfactory and are hereby accepted. only upon written orders.and wit an extra charge over and above You are authorized to do the work as specified.Payment will be made as outlined above. the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Signature - Insurance. Date of acceptance Installation of two 12 Plug Pipes and Connection at Force Main Labor R I Page 2 of 2 CaC' CONSTRUCTION general Contractors AND DESIGN INC. 14031 SW 143rd Court Unit 6,Miami,Florida 33186 Phone:(305)255-6(167 Fax.:(786)430-1747 PROPOSAL/CONTRACT NAME/ADDRESS DATE PROPOSAUCONT. 8/22/2013 Mohammad Nasir, P.E City Engineer City of Opa-Locka PROJECT Install insulation valve and force main by-pass Labor Scope of Work: We propose hereby to furnish labor,equipment and material to complete in accordance with specifications: Installation of two 12"Plug Pipes and Connection at Force Main '14`4"F Item No: amt Eh* Quantity General Conditions 1 (Mobilization LS 1 Earthwork and Paving 7 New Asphalt pavement(including Limerock SY 35 base&stabilization) LABOR 1 12" Dl Epoxy pipe LF 40 3 12"MJ Sleeve EA 2 5 12" Megalug M1 EA 20 6 12" M1 regular acc EA 20 10 12" Plug Valve EA 2 12 12"45 Elbow epoxy EA 3 14 �12" MJ Wye Epoxy Di EA 2 m� 15 12" MJ Check Valve EA 1 16 12" Flange Adapter EA 1 Equipment 1 Excavator LS 1 2 Backhoe LS 1 3 Van LS 1 4 Concrete Saw LS 1 5 Hand Tools LS 1 Installation of two 12 Plug Pipes and Connection at Force Main Labor RI Page 1 of 2 !MECO, Inc. 12550 Biscayne 8.vd North Miami,33181 Phone:1786,691.1496 IMECO. Inc. Fax;17861691-1497 f Mali:tdagk aoi.com August 9.2013 Sir. RONNIE KING Water Di>.ision Super isor City of OPA-LOCKA Public V4 orks& Utilities Department 12950 Le Jeune Boulevard Opa-Locka,FL 33054 RE: Pump Station I IC Sewer Connection Replacement IMECO Proposal No.:C-1302 Dear Mr. KING. Per your request, the following represents our costs estimate to implement the changes necessary to complete the above referenced sewer connection replacement at Pump Station I IC. This estimate is for Equipment and Labor only as the City of Opa-Locka will supply the necessary materials: Mobilization of Equipment:(Backhoe and Skid Steer. Plate Compactor) $650.00 $650.00 Equipment Use: 6 Days of Backhoe and Skid Steer(0$350.00 $2,100.00 $2,100.00 Labor: 48 crew hours t$125.00thour $6,000.00 $6,000.00 Demobilization of Equipment $650.00 $650.00 ITEM SUB-TOTAL S9,400.00 IMECO Overhead rd 30% $2,820.00 IMECO Profit a. 15% $1,410.00 TOTAL S 13,630.00 The City of Opa-Locka shall furnish the following materials: I) Two mechanical joint 12-inch solid sleeve with epoxy lining suitable for sewer service 2) Two 20-feet long 12-inch Ductile Iron Pipe with epoxy lining suitable for sewer ser ice 3) Two 12-inch mechanical joint Plug valve 4) Two 45 Degree Elbows with epoxy lining suitable for sewer service 5) Two I2-inch WYE with epoxy lining suitable for sewer service 6) One 12-inch Check Vale 7) 18 Megalug kits 8) Two Meeatlangcs 9) One l2-inch to 16-inch reducer or one 16-inch run by 12-inch branch Ductile Iron Tee. Please note that the last item will be verified in the field once we have uncovered the existing sewer main and determine its actual size. I trust that the above is a.required. Should have any questions or require additional information, please contact the undersigned at your convenience at 954-699-5705. Sincerely. 1 h� Denis President Quoted prices are based upon receipt of the total quantity for immediate shipment(48 hours).SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE.Seller not responsible for delays,lack of product or increase of pricing due to causes beyond our control,and/or based upon Local,State and Federal laws governing type of products that can be sold or put into commerce.This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions,which are incorporated by reference and found either following this document,or on the web at http://wolseletna.com/terms conditionsSale.html.Govt Buyers: MI items quoted are open market unless noted otherwise. 2 Mohammad Nasir From: Ronnie King Sent: Monday,August 26, 2013 4:00 PM To: Mohammad Nasir Subject: Fw: Email Bid#B231670 From: Jonathan Tucker- 1216 POMPANO_WATERWORKS To: Ronnie King Sent: Fri Aug 23 16:27:36 2013 Subject: Email Bid# B231670 Price Quotation # B231670 FEI-MIAMI WATERWORKS #1216 10810 S.W.184TH Si'. MIAMI,H.33157-6737 Phone:786-573-7140 Fax:305-969-0361 Bid No • B231670 Bid Date...: 08/23/13 Cust Phone: 786-338-6900 Quoted By: JT Terms • NET 10TH PROX Customer.: CITY'OF OPA LOCKA Ship To - CITY OF OPA LOCKA 780 FISHERMAN CT 780 FISHERMAN CT OPA LOCKA,FL 33054 OPA LOCKA,FL 33054 Cust PO#..: Job Name.: QUOTE#2 Item Description Quantity Net Price 1'M Total MJLSP4L.Al2 I?M.I C153 P-401 LONG SLV L/A I 450.450 EA 450.45 AFT 35OPP412 12 CL350 P401 DI FASTITE PIPE 40 49.300 FT 1972.00 PLEASE SPECIFY VI.V TYPE DI 18MJGI.Al2 12 MJ N l.t 13k PLUG W''GEAR VI.V 1./A 2 20.260 EA 40.52 MJ4P4I.Al2 12 MJ('153 P-401 45 Itt/NI)LA 2 431590 LA 867.18 MJ IP4LA 12 12 MJ('153 P401 ILE l.'A 2 634.680 EA 1269.36 PLEASE SPECIFY VI.V TYPE AF('S2SCI.WI2 12 FIG I.&W('11K VI.V 1 3787.140 FA 3787.14 SSLDEI2AP 12 1)1 VOX;RF:SI 'ONF:LOK W'A 18 92.180 LA 1659.24 ‘1.1\1.0 12 12 MJ NEOP(ISK I 18 28.740 EA 517.32 1:2112 12 ME(;AFLANGE EEG ADPT 2 351.150 EA 702.30 Subtotal: $11265.51 Inbound Freight: $0.00 Tax: 50.00 Order Total: S11265.51 1 NON CANCELLABLE& NON RETURNABLE MEGALUG KIT DI NEOPRENE GASKET 12" 18ea 121.559 2188.06 (I2MEGALUGK ITN EOPRENE) ************** Kit Components *************** * I - 12" MJ NEOPRENE GASKET * Loc:401070300 * 8 - 3/4 X 4" MJ T-BOLTS WITH NUTS TB40 * Luc: 403060200 * 1 - 12" MEGALUG GLAND FOR DI 1 1 12 * Loe:409100300 ********************************************* 12" MEGA FLANGING SYSTEM FOR DI tea 291.549 583.10 2112(211200) NON CANCELLABLE&NON RETURNABLE Shipping Instructions: Subtotal 12917.69 Tax ***** This is a quotation only&is valid based on receiving a complete order.Changes in Freight 0.00 qtys and/or materials within the quotation is subject to a re-quote&price change. Handling 0.00 Prices may change due to market conditions.Availability is subject to prior sale. Taxes extra.' Total 12917.69 2 Mohammad Nasir Subject: Pump Station 11 By-pass system Material Quote From: aroddym(^a:abpipe.net fmailto:aroddym @aboipe.netJ Sent: Friday,August 23, 2013 1:16 PM To: Aroddy Morejon Subject: Bid S1443946 PO# QUOTE #2 Quotation Onkt mate order Namba- A&B PIPE& SUPPLY 08/22/2013 S 1443946 6500 NW 37TH AVENUE ORDER To: MIAMI,FL 33147 A&B PIPE&SUPPLY 305-691-5000 Fax 305-696-6810 6500 NW 37TH AVENUE MIAMI,FL 33147 Phone:305-691-5000 QUOTE TO: SHIP TO: CITY OF OPA-LOCKA CITY OF OPA-LOCKA ATTEN: ACCOUNTS PAYABLE !! A I TEN: ACCOUNTS PAYABLE !! P.O. BOX 540371 P.O. BOX 540371 OPA LOCKA, FL 33054 OPA LOCKA, FL 33054 Customer Number Customer Order Number Release Number Salcwerxm 1942 QUOTE#2 HOUSE SALES ACCOUNT Preklat Writer Ship Via Tams Per lie ikameed Aroddy Morejon OT OUR TRUCK NET 20TH 10/06/2013 f No DNet Arc ,--ExtPrc 12" COMPACT MJ LONG SLEEVE EPDXY 2ea 397.459 794.92 LINED LESS ACCESSORIES C153 (12CMJLSEPDXYLINED) NON CANCELLABLE& NON RETURNABLE 12"CL350 TYTON DI PIPE EPDXY NEO 40ft 69.388 2775.52 GASKET(12DIEPCL350N) NON CANCELLABLE& NON RETURNABLE 12" DEZURIK PLUG VALVE#PEC MJ SIDE 2ea 2038.750 4077.50 ACTUATED W/2" OPER NUT EPDXY LINED SS BOLTS(12PLVALPEC) NON CANCELLABLE& NON RETURNABLE 12" COMPACT Mil 45 EPDXY LINED LESS 2ea 414.341 828.68 ACCESSORIES C153 (12CMJ45EPDXY) NON CANCELLABLE& NON RETURNABLE 12" COMPACT MJ EPDXY LINED WYE LESS 2ea 834.953 1669.91 ACCESSORIES C153 (I2CMJWYEEPDXY) Analysis: Pump station 11C serves the City and also adjacent sections of unincorporated Miami-Dade County, and also some nearby areas of the City of Miami Gardens as station 11C receives discharges from all other stations in the City and transmits sewage into Miami-Dade County Sewer system.The installation of the new by-pass system will be cost savings for the city as the sewage discharge from pump stations 8,9, 10, 11A, 11B and I ID will not be required to pump out second time from 11C. It will reduce 11C run time and thus less operating cost of the master pump station. Attachment: 1. Quotes for Materials 2. Quotes for Installation PREPARED BY: Mohammad Nasir,PE,City Engineer/CIP Director END OF MEMORANDUM R T • •MEMORANDUM ° To: Mayor Myra L.Taylor Vice Mayor Joseph L.Kelley Commissioner Tim thy Holm Commissioner Do by Johns n Commissioner Luis .San FROM: Kelvin L.Baker,City Manag r DATE: August 26,2013 RE: New By-Pass System at Pump Station 11C Request:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE MATERIALS IN THE AMOUNT NOT TO EXCEED ELEVEN THOUSAND TWO HUNDRED SIXTY FIVE DOLLARS AND FIFTY ONE CENTS($11,265.51)FROM FERGUSON WATERWORS,INC.AND ALSO TO RECEIVE INSTALLATION SERVICES IN THE AMOUNT NOT TO EXCEED THIRTEEN THOUSAND SIX HUNDRED THIRTY DOLLARS ($13,630.00) FROM IMECO, INC. AS REQUIRED FOR THE NEW BY-PASS SYSTEM AT MASTER PUMP STATION IIC PAYABLE FROM ACCOUNT NUMBER 35-535630. Description: Station 11C is the master pump station for the city and receives sewage from the entire city. The installation of the new by-pass system will eliminate discharge from six pump stations (PS#8, 9, 10, 11A, 11B and 11D) into station 11C and will discharge directly into the force main. Imeco, Inc. and Ferguson Waterworks, Inc. are the lowest and most responsive bidders for the installation and materials respectively per the attached quotes. City will buy the materials from Ferguson Waterworks and the installation will be conducted by Imeco, Inc. Pump station 11C is currently under construction and the proposed by-pass system was not included in the construction documents and as a result not in the scope of services for the awarded contractor. Account Number: 35-535630 Implementation Timeline:As soon as Possible. Legislative History:None Recommendation(s): Staff recommends approval as the by-pass system will increase the master station capacity by 50%+/- by discharging the flow directly into 11C force main. The operation of pump stations 8,9, 10, 11A, 11B and 11D will not be dependent on pump station 11C. Staff recommends approval as the by-pass system will increase the master station capacity by 50%+/- by discharging the flow directly into 11C force main.The operation of pump stations 8,9, 10, 11A, 118 and 11D will not be dependent on pump station 11C. 1. Agenda 2. Quotes for Materials 3. Quotes for Installation CC - • fin-w .� '• City of Opa-Locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date:9/11/2013 (EnterX in box) X Fiscal Impact: Ordinance Reading: 1#Reading 2•+Reading (Enter X in box) Yes No (EnterX in box) x Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No 35-535630 (EnterX in box) X Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) Strategic Plan Related Yes NO Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) X Enhance Organizational D Bus.&Economic Dev D Will be a cost savings for the Public Safety - operation of pump station Quality of Education D 11C Qual.of Life&City image In Communcation [� Sponsor Name Department: City Manager City Manager Short Tide: New By-Pass System at Pump Station 11C Ref SIMIttlartr Station 11C is the master pump station for the city and receives sewage from the entire city.The installation of the new by-pass system will eliminate discharge from six pump stations(PS#8,9, 10, 11A, 11B and 11D) into station 11C and will discharge directly into the force main. (meco, Inc. and Ferguson Waterworks, Inc. are the lowest and most responsive bidders for the installation and materials respectively per the attached quotes. City will buy the materials from Ferguson Waterworks and the installation will be conducted by Imeco, Inc. Pump station 11C is currently under construction and the proposed by-pass system was not included in the construction documents and as a result not in the scope of services for the awarded contractor. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka,authorizes the City Manager to purchase materials for Pump Station 11C from Ferguson Waterworks, Inc.,in an amount not to exceed$11,265.51,and award the installation services to Imeco, Inc.,in an amount not to exceed$13,630.00,a budgeted item,payable from Account Number 35-535630. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS l lth day of September,2013. 4/ FV RA AYLOR MAYOR Attest to: Approved as to form and legal sufficiency: J a Flores Jo S. eller City Clerk G ENS'OON MARDER,PA C' , Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES Sponsored by: City Manager Resolution No. 13-8677 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE MATERIALS FOR PUMP STATION 11C FROM FERGUSON WATERWORKS,INC., IN AN AMOUNT NOT TO EXCEED $11,265.51, AND TO RECEIVE INSTALLATION SERVICES FROM IMECO, INC., IN AN AMOUNT NOT TO EXCEED $13,630.00, PAYABLE FROM ACCOUNT NUMBER 35-535630; A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Pump Station 11C is under construction, and the by-pass system was not included in construction documents, although Pump Station 11C is in need of a new by-pass system; and WHEREAS, six other pump stations currently discharge sewage into Pump Station 11C; the new by-pass system will by-pass Pump Station 11C and discharge directly into the Force Main; and WHEREAS, the City solicited prices, and the lowest, most responsive and responsible bidders for installation materials for Pump Station 11C were Imeco, Inc. and Ferguson Waterworks, Inc.; and WHEREAS, the City will buy the materials from Ferguson Waterworks, Inc., at a cost not to exceed$11,265.51;and WHEREAS, the installation service for Pump Station 11C will be provided by Imeco, Inc., at a cost not to exceed$13,630.00; and WHEREAS,the City Commission of the City of Opa-locka desires to purchase materials needed for the installation of the new by-pass system for Pump Station 11C.