HomeMy WebLinkAboutOrange County State Revolving Fund Amendment 1 to Loan Agreement DW4803A0 2014 04 11 STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT DW4803AO
ORANGE COUNTY
This amendment is executed by the STATE OF FLORIDADEPARTMI.�,.NT OF
ENVIRONMENTAL PROTECTION(Department)and ORANGE COUNTY,FLORIDA,
existing as a local government agency(Project Sponsor) under the laws of the State of Florida,
WITNESSET11:
WHEREAS,the Department and the Project Sponsor entered into a State Revolving Fund Loan
Agreement,Number DW4803A0; and
WHEREAS, Loan repayment activities need rescheduling to give the Project Sponsor additional
time to complete construction; and
WHEREAS, changes to the Project schedule are needed.
NOW, THEREFORE,the parties hereto agree as follows:
I Section 8.08 of the Agreement is deleted and replaced as follows:
(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
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
I
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 htti)://www.dol.o�ov/whd/america2.htm.
2. Unless repayment is further deferred by amendment of the Agreement, Semiannual Loan
Payments as set forth in Section 10.05 shall be received by the Department beginning on
March 15, 2015, and semiannually thereafter on September 15 and March 15 of each year
until all amounts due under the Agreement have been fully paid.
3. The items scheduled under Section 10.07 of the Agreement are rescheduled as follows:
(1) Completion of Project construction is scheduled for September 15, 2014.
(2) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no
later than September 15, 2014.
(3) The date for the certification required under Subsection 2.01(10) of the
Agreement is hereby revised. The initial annual certification shall be submitted no
later than December 15, 2014. Thereafter,the annual certification shall be submitted
no later than September 30 of each year until the final Semiannual Loan Repayment
is made.
(4) The first Semiannual Loan Payment in the amount of$328,839 shall be due
March 15, 2015.
4. All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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This Amendment 1 to Loan Agreement DW4803AO 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 Program Administrator 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 Program
Administrator.
for
ORANGE COUNTY
� .�w mii
County Mayor
Attest: Attest:
County Clerk �;; ,, °°County AttoiPey"'
SEA l
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
APR 1 1 2014
....... . - ---- -
"rogram Administrator Date
State Revolving Fund Management
3
FLORIDA DEPARTMIENT OF
EN"RONWNTAL PROTFCTION
BOB MARTINEZ CENTER
2600 BLAIRSTONE ROAD MS 3505
as„�a aia aai ai ao,aa,iaamam �a°i TALLAHASSEE,FLORIDA 32399-2400
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FEDERAL EXPRESS DELIVERY- SIGNATURE REIUIRED
April 17, 2014
Mr. Shawn Boyle
Director of Finance and Administrative Services
City of Winter Springs
1126 East State Road 434
Winter Springs,Florida 32708
Re: WW590600—Winter Springs
Reclaimed Water Reuse Facilities
Dear Mr. Boyle:
Enclosed is one executed original of Amendment 1 to your loan agreement under the State
Revolving Fund program. The amendment is now in effect, and no further amendments are
anticipated. Please note that the required separate project-specific audit must be submitted to the
Department within one year of the effective date of this amendment. The audit should be
emailed to SRF—Reporting@dep.state.fl.us.
We congratulate you and your staff on the completion of your project and are pleased that we
could work with you.
Sincerely,
Anger;,Knecht, Program Administrator
State Revolving Fund Management
AKlsw
Enclosure
cc: Honorable Charles Lacey—City of Winter Springs
Kevin Smith—City of Winter Springs
Kipton Lockcuff—City of Winter Springs