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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 v�, 1-1� rU,40 "�-� S�Z. Charlie Crist Governor �r4 o . n �1. 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. AVU L_ aIM� 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 r , ` (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. x r 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