1368 FDEP - SRF DW 590120K7
r
ONSMT YOUR DEPT. NAME HERE)
TRAmsmiTTAL MFMORANDum L
r--4
To: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑ Development Order ❑ Mayor's signature
❑ Final Plat (original mylars) ❑ Recording
❑ Letter of Credit ❑ Rendering
❑ Maintenance Bond ❑ Safe keeping (Vault)
❑ Ordinance A Si � X-00 c�ncil�
❑ Performance Bond
❑ Resolution
soe � amf s- °�ly
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
9 4 4 -
From
N /4--
1L_2- 9- -t
Date
TADept_forms \City Clerk Transmittal Memo - 2009.doc
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
FEDEX DELIVERY - SIGNATURE REQUIRED
Ms. Migdalia Hernandez
City of Sanford
300 North Park Avenue
Sanford, Florida 32771 -1244
Re: DW590120 - Sanford
Distribution
Dear Ms. Hernandez:
Rick Scott
Governor
Jennifer Carroll
Lt. Governor
Herschel T. Vinyard Jr.
Secretary
We are pleased to provide additional financing under the State Revolving Fund
program for construction of your distribution project. Enclosed is one original of
Amendment 1 to your loan. The amendment is now in effect.
We congratulate you and your staff on your efforts and are pleased that we can
continue working with you on this project. If we may be of further assistance,
please contact Graham Culbertson at 850/245 -8358.
Sincerely,
Phil Coram, P.E., Deputy Director
Division of Water Resource Management
PC/ gc
Enclosure
cc: Norton N. Bonaparte, Jr. - City of Sanford
www. dep. state. fl. us
DEC 2 2 2011
DRINKING WATER STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT DW590120
CITY OF SANFORD
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA,
(Project Sponsor) existing as a local government agency under the laws of the State of Florida.
WITNESSETH:
WHEREAS, the Department and the Project Sponsor entered into a Drinking Water State
Revolving Fund Loan Agreement, Number DW590120, authorizing a Funding amount of
$5,000,000, excluding Capitalized Interest, which consists of Principal Forgiveness in the
amount of $2,000,000; and
WHEREAS, the Project Sponsor is entitled to additional financing of $10,000,000, excluding
Capitalized Interest; and
WHEREAS, the E- Verify provision is no longer applicable; and
WHEREAS, an interest rate must be established for the additional financing amount awarded
in this amendment; and
WHEREAS, a Loan Service Fee must be assessed for the additional financing; and
WHEREAS, the Semiannual Loan Payment amount needs revision to reflect adjustment in the
Loan amount; and
WHEREAS, the Project costs need adjustment to reflect revised estimates.
NOW, THEREFORE, the parties hereto agree as follows:
1. Subsections 2.03(1) and 3(a)(i) of the Agreement are deleted and replaced as follows:
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 Followin
Federal
State
Program
Federal
CFDA
Funding
Appropriation
Number
Agency
Number
CFDA Title
Amount
Catego
FS984522 -100
EPA
66.468
Capitalization Grants
$15,000,000
140129
for Drinking Water
State Revolving Fund
(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
2. Section 4.08, first paragraph, is deleted and replaced as follows:
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 engineering and administrative allowances, and reimbursement of the incurred
construction costs and related services. The Principal Forgiveness on each disbursement under
the Original Agreement shall be 40 percent of the requested amount after subtracting costs that
are ineligible for Principal Forgiveness. The Principal Forgiveness on each disbursement under
Amendment 1 shall be 10 percent after subtracting ineligible costs. Disbursements for
materials, labor, or services shall be made upon receipt of the following:
3. Subsections 8.08(1) and (2) of the Agreement are deleted and replaced as follows:
(1) The Project Sponsor shall periodically interview a sufficient number of employees
entitled to Davis -Bacon prevailing wages (covered employees) to verify that contractors or
subcontractors are paying the appropriate wage rates. 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 establish and follow an interview 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 minim the Project
Sponsor must conduct interviews with a representative group of covered employees within two
weeks of each contractor or subcontractor's submission of its initial weekly payroll data and
two weeks prior to the estimated completion date for the contract or subcontract. Project
Sponsors must conduct more frequent interviews if the initial interviews or other information
indicates that there is a risk that the contractor or subcontractor is not complying with Davis -
Bacon. Project Sponsors shall immediately conduct necessary interviews in response to an
alleged violation of the prevailing wage requirements. All interviews shall be conducted in
confidence. As an alternative, a minim of 25% of the work force shall be interviewed over
the life of the Project and all classifications represented on the payroll must be included.
4. Section 8.09 EMPLOYMENT ELIGIBILITY VERIFICATION is deleted in its entirety.
5. Additional financing in the amount of $10,000,000, excluding Capitalized Interest, is
hereby awarded to the Project Sponsor. Of this amount, $1,000,000 is Principal Forgiveness.
6. An interest rate of 2.50 percent per annum is established for the additional financing
amount awarded in this amendment, however, if this amendment is not executed by the Project
Sponsor and returned to the Department before January 1, 2012, the interest rate may be
adjusted.
7. The total amount awarded is $15,000,000. Of that, the estimated amount of Principal
Forgiveness is $3,000,000. The estimated principal amount of the Loan to be repaid is
$12,220,500, which consists of $12,000,000 to be disbursed to the Project Sponsor and $220,500 of
Capitalized Interest. This total consists of the following:
(a) Original Agreement of $3,081,200, including $3,000,000 authorized for disbursement
to the Project Sponsor and $81,200 of Capitalized Interest, at a interest rate of 2.66 percent per
annum; and
(b) Amendment 1 of $9,139,300, including $9,000,000 authorized for disbursement to the
Project Sponsor and $139,300 of Capitalized Interest, at a interest rate of 2.50 percent per
annum.
8. An additional Loan Service Fee in the amount of $180,000, for a total of $240,000, is
hereby assessed. The fee represents two percent of the Loan amount excluding Capitalized
Interest; that is, two percent of $12,000,000. Estimated Loan Service Fee capitalized interest for
the fee amount assessed to date is $8,890.
9. The Semiannual Loan Payment amount is hereby revised and shall be in the amount
of $399,542. Such payments shall be received by the Department on August 15, 2013 and
semiannually thereafter on February 15 and August 15 of each year until all amounts due
hereunder have been fully paid. Until this Agreement is further amended, each Semiannual
Loan Payment will be proportionally applied, after deduction of the Loan Service Fee is
complete, toward repayment of the amounts owed on each incremental Loan amount at the
date such payment is due.
The Semiannual Loan Payment amount is based on the total amount owed of
$12,469,390, which consists of the Loan principal plus the Loan Service Fee with its capitalized
interest (if any).
10. The Project Sponsor and the Department acknowledge that the actual cost of the
Project has not been determined. Project cost adjustments may be made as a result of
construction bidding or mutually agreed upon Project changes. Capitalized Interest will be
recalculated based on actual dates and amounts of Loan disbursements. If the Project Sponsor
receives other governmental financial assistance for this Project, the costs funded by such other
governmental assistance will not be financed by this Loan. The Department shall establish the
final Project costs after its final inspection of the Project records. Changes in Project costs may
also occur as a result of the Project Sponsor's Project audit or a Department audit.
Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in
the order in which they have been obligated without respect to budgetary line item estimates.
All disbursements shall be made from the original Loan amount until that amount has been
disbursed; the interest rate established for the original Loan amount shall apply to such
disbursements for the purpose of deter the associated Capitalized Interest and
repayment amount. The interest rate established for any additional increment of Loan
financing shall be used to determine the Capitalized Interest and repayment amount associated
with the funds disbursed from that increment.
The estimated Project costs are revised as follows:
CATEGORY
AUTHORIZED
LOAN
COST($) AMOUNT($) TO
DATE
Administrative Allowance
Engineering Allowance
Construction and Demolition
Contingencies
Technical Services After Bid Opening
SUBTOTAL(Disbursable Amount)
112,062
Line items
1,120,612
may vary
14,787,499
based on
889,375
actual
500,000
disbursements
17,409,548
15,000,000
Less Principal Forgiveness (3,000,000) (3,000,000)
SUBTOTAL (Loan Amount) 14,409,548 12,000,000
Capitalized Interest 220 ,500 220,500
TOTAL (Loan Principal Amount) 14,630,048 12,220,500
11. Section 10.08 of the Agreement is deleted and replaced as follows:
(1) Funding for this project also provided by DW590110.
(2) Project costs, as provided for in this Loan, shall be reviewed, and may be adjusted,
once the final Project costs have been established.
(3) Prior to any funds being released, the Project Sponsor shall submit a certified copy
of the Resolution which authorizes the increased Loan amount.
12. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
4
This Amendment 1 to Loan Agreement DW590120 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 amendment to the Loan Agreement
to be executed on its behalf by the Deputy Director and the Project Sponsor has caused this
amendment to be executed on its behalf by its Authorized Representative and by its affixed
seal. The effective date of this amendment shall be as set forth below by the Deputy Director.
for
CITY OF
Attest
'.� " mwwa
_ 91_
S
City Clerk
SEAL
I attest to the opinion expressed in Section 2.02
of the Agreement, entitled Legal
Authorization.
I M 4
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
' z DEC 16 2011
Deputy Director Date
Division of Water Resource Management