1270-SW586260._)I
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Tom George
Director of Public Works
City of Sanford
Post Office Box 1788
Sanford, Florida 32772 -1788
Re: SW586260 - Sanford
Stormwater Management
(Collection & Transmission Facilities)
Dear Mr. George:
Jeff Kottkamp
Lt. Governor
Michael W. Sole
Secretary
Enclosed is one original of Amendment 1 to your loan agreement under the State
Revolving Fund program. The amendment is now in effect. This amendment
provides for a reduction of the loan based on final bid amounts. If we may be of
further assistance, please contact Tommy Williams at 850/245 -8358.
We congratulate you and your staff on your efforts and are pleased that we can
work with you on this project.
Sincerely,
Phil Coram, P.E., Deputy Director
Division of Water Resource Management
PC /tw
Enclosure
cc: David A. Gierach - CPH Engineers, Inc. /Sanford
Honorable Linda Kuhn - City of Sanford
"More Protection, Less Process"
www dep. state. d. us
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Charlie Crist
Governor
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STATE REVOLVING FUND
AMENDMENT 2 TO LOAN AGREEMENT SW586260
CITY OF SANFORD
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF SANFORD, FLORIDA,
existing as a local government agency (Local Government) under the laws of the State of
Florida.
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WHEREAS, the Department and the Local Government entered into a State Revolving Fund
Loan Agreement, Number SW586260, authorizing a Loan amount of $5,022,000, excluding
Capitalized Interest; and
WHEREAS, all contracts have been awarded for this Project and the funding amount, the
Principal Forgiveness amount, the Semiannual Loan Payment, the Loan amount, and Project
costs need revision based on final bid amounts as provided in Section 10.06; and
WHEREAS, funding is reduced in the amount of $2,431,413; and
WHEREAS, revised provisions for audit and monitoring are needed.
NOW, THEREFORE, the parties hereto agree as follows:
Subsection 2.03(1) of the Agreement is deleted and replaced as follows:
(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
CFDA
Funding
Appropriation
Number
AEncy
Number
CFDA Title
Amount
Catego
95423009-0
EPA
66.458
Capitalization Grants for
$2,590,587
140231
State Revolving Funds
2. Subsection 8.10 COMPLIANCE VERIFICATION is added to the agreement as follows:
(1) The Local Government 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)(6), all interviews must be conducted in confidence. The Local Government must use
Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the
SF 1445 are available from EPA on request.
l
(2) The Local Government 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 minimum, the Local
Government 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. Local
Governments 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 Local Governments shall immediately conduct necessary interviews in
response to an alleged violation of the prevailing wage requirements. All interviews shall be
conducted in confidence.
(3) The Local Government 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 Local Government 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 minim the Local
Government must 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. Local Governments 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
Local Government shall verify evidence of fringe benefit plans and payments thereunder by
contractors and subcontractors who claim credit for fringe benefit contributions.
(4) The Local Government 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 (2) and (3) above.
(5) Local Governments must immediately report potential violations of the Davis -Bacon
prevailing wage requirements to the EPA Davis -Bacon contact Sheryl Parsons at
Parsons.Shervl�epannail.epa.gov and to the appropriate DOL Wage and Hour District Office
listed at bttg://www.dol.ggv/esa/contacts/whd/``amerka2.htm .
3. Subsections 9.01 (4), (5), (6), and (7) of the Agreement are deleted, a new subsection added
and renumbered as follows:
(4) Certification Regarding Disbarment, Suspension, Ineligibility and Voluntary
Exclusion.
(5) Certification by the Authorized Representative that affirmative steps were taken to
encourage Minority and Women's Business Enterprises participation in Project construction.
2
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(6) Current certifications for Minority and Women's Business Enterprises participating
in the contract. If the goals as stated in the plans and specifications are not met, documentation
of actions taken shall be submitted.
(7) Assurance that the Local Government and contractors are in compliance with
Section 1606 with labor standards, including prevailing wage rates established for its locality by
the U.S. Department of Labor under the Davis -Bacon Act for Project construction.
(8) Certification that all procurement is in compliance with Section 1605 of the ARRA,
which states that all iron, steel, and manufactured goods used in the Project must be
manufactured or assembled in the United States unless (a) a waiver is provided to the Local
Government by the Environmental Protection Agency (EPA) or (b) compliance would be
inconsistent with United States obligations under international agreements.
4. The total amount awarded is reduced by $2,431,413. The revised total amount awarded is
$2,590,587.
5. The estimated principal amount of the Loan to be repaid is revised to $2,655,987, which
consists of $2,590,587 authorized for disbursement to the Local Government and $65,400 of
Capitalized Interest at an interest rate of 2.8 percent per annum.
6. The Semiannual Loan Payment is revised and shall be in the amount of $87,170 until the
payment amount is adjusted by amendment. Such payments shall be received by the
Department on April 15, 2011 and semiannually thereafter on October 15 and April 15 of each
year until all amounts due hereunder have been fully paid. The Semiannual Loan Payment
amount is based on the Loan principal to be repaid of $2,655,987.
7. Section 10.06 of the Agreement is deleted and replaced as follows:
The Local Government and the Department acknowledge that the actual cost of the
Project has not been determined. Project cost adjustments may be made as a result of mutually
agreed upon Project changes. An additional Loan Repayment Reserve deposit amount will be
required for any additional financing. Capitalized Interest will be recalculated based on actual
dates and amounts of Loan disbursements. If the Local Government 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 Local Government's Project audit or a Department audit.
The estimated Project costs are revised as follows:
LINE ITEM
TOTAL COSTS
Construction
2,398,152
Technical Services after Bid 2Eening
192,435
Subtotal (Total Disbursable)
2,590,587
Estimated Capitalized Interest
65,400.
Total Principal Amount
2,655,987
8. All other terms and provisions of the Loan Agreement shall remain in effect.
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This Amendment 1 to Loan Agreement SW586260 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 Local Government has caused this
amendment to be executed on its behalf by its Authorized Representative and by its affixed
seal. The effective date of this amendment shall be as set forth below by the Deputy Director.
for
CITY OF SANFORD
Mayor
Attest
City C1 40k
:SEAL
I attest to the opinion expressed in Section 2.02
of the Agreement entitled Legal
Authorization.
City Attorney
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
N0V 16 2009
Deputy Director Date
Division of Water Resource Management