HomeMy WebLinkAbout2014-177-2156 - Agreement with Florida Dept of Environmental Protection with Amendments 18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
October 8, 2014 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
CDBG Fund
FL DEP
Stormwater Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Cameron Benson
City Manager
Department:Public Works
Development Services
Grants Administration
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT
CERTAIN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION FOR THE ACCEPTANCE OF
GRANT FUNDING, IN THE AMOUNT OF TWO HUNDRED SEVENTY-
FIVE THOUSAND DOLLARS ($275,000.00), FOR THE VISTA VERDE
STORMWATER PROJECT; PROVIDING FOR INSTRUCTIONS TO THE
CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
ITEM K-11) CONSENT AGENDA
RESOLUTION
Vista Verde Stormwater Project
18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
Staff Summary:
Background
The City of Miami Gardens has been awarded funding from the State of Florida Department of
Environmental Protection. The purpose of this grant is to support design and construction of an
exfiltration system on N.W. 195/204 Street Drainage intended to eliminate the Federal Emergency
Management Agency (FEMA) repetitive losses and to install a french drain system to Vista Verde Storm
Water to include sediment traps and re‐shape swales to the Neighborhoods (N.W. 172 Terrace between
N.W. 22nd Avenue, N.W. 28th Avenue between N.W. 205th street and N.W. 207th Street and N.W. 28th
Court between N.W. 205 street and N.W. 206th street) in order to remove storm water from the street
which will minimize flooding and hydro‐planning of vehicles. Funds were provided in the 2014‐2015
General Appropriations Act under Line Item 1668A.
Current Situation
April 2014 The City of Miami Gardens submitted grant proposals to the State of Florida House
Agriculture & Natural Resources Appropriations Subcommittee. Grant funds were provided to the City
in the 2014‐2015 General Appropriations Act under Line Item 1668A for several projects in our
community.
N.W. 195/204 Street Drainage Project
Neighborhood Stormwater Swale Re‐shaping Project
Vista Verde Stormwater Project
The local drainage improvements will reduce flood damage and improve water quality of stormwater
runoff in several areas within the City. These projects will consist of the construction of on‐site french
drain systems and re‐grading of swales that will capture polluted stormwater runoff, retain this runoff
within the project area, and filter the captured water before it enters the aquifer system. The projects
will also reduce flooding, thereby reducing flood damages and potential repetitive loss of properties as
defined by the Federal Emergency Management Agency (FEMA), which two repetitive properties are
part of one of these projects. The results and benefits of this project include:
Filtering stormwater runoff before it enters the aquifer, thereby protecting our sole source of
drinking water;
Preventing pollutants from entering surface waters of the City, thereby preserving the aesthetic,
recreational and biological quality and value of those surface waters;
Reducing potential flood damage loss claims under the National Flood Insurance Program; and
Increasing the capacity in the primary canals in the City that will reduce flooding when major rain
events occur.
Fiscal Impact
N.W. 195/204 Street Drainage Project: Stormwater $125,000 and DEP Grant $75,000
Neighborhood Stormwater Swale Re‐shaping Project: Stormwater $10,000 and DEP Grant $10,000
Vista Verde Stormwater Project: CDBG $525,535, DEP Grant $275,000, Stormwater $181,577
18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
Council allow the City Manager to accept award and submit required resolution; authorizing the City
Manager to execute any and all agreements that are awarded to the City as a result of this grant
process.
Attachment:
Department of Environmental Protection Grant Agreements
DEP AGREEMENT NO. S0745
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIATIONS ACT
TillS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and the CITY OF MIAMI GARDENS, whose address is
18605 Northwest 27th Avenue, Miami Gardens, Florida 33056 (hereinafter referred to as "Grantee"), a local
government, to provide fmancial assistance for the Miami Gardens: Vista Verde Stormwater Drainage Project Phase
2.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
l. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", and
"Recipient" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and remain in effect for a period of thirty (30)
months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date
of execution through the expiration date of this Agreement. This Agreement may be amended to provide for
additional services if additional funding is made available by the Legislature.
3. A. As consideration for the satisfactory comp-letion of services rendered by the Grantee under the
terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to
a maximum of $275,000. The parties hereto understand and agree that this Agreement does not
require _a match on the part of the Grantee.
B. The Grantee shall be reimbmsed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of deliverables identified in Attachment A, in accordance
with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment
Request Summary Form. To be eligible for reimbursement, costs must be in compliance with
laws, rules and regulations applicable to expenditures of State funds, including, but not limited to,
the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall
be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A fmal payment
request should be submitted to the Department no later than sixty (60) days following the
completion date of the Agreement, to assure the availability of funds for payment.
C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with the Attachment C, Contract Payment
Requirements, the Grantee shall comply with the minimum requirements set forth therein. The
Payment Request Summary Form shall be accompanied by supporting documentation and other
requirements as follows for each deliverable:
1. Contractual (Subcontractors) -Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
DEP Agreement No. S0745, Page I of 8
Grantee shall be required to reimburse such funds to the Department within thirty (30)
days of written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration. For fixed price (vendor)
subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (Invitation to Bid or
Request for Proposals) resulting in the fixed price subcontract.
b. The Grantee may request approval from the Department to award a fixed price
subcontract resulting from procurement methods other than those identified in
the paragraph above. In this instance, the Grantee shall request the advance
written approval from the Department's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a
detailed budget and Scope of Services to be performed by the subcontractor.
Upon receipt of the Department Grant Manager's approval of the fixed price
amount, the Grantee may proceed in finalizing the fixed price subcontract.
c. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting
activities.
D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. above, the
Department will periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines
(including cost allocation guidelines), as appropriate. This information, when requested, must be
provided within thirty (30) calendar days of such request. The Grantee may also be required to
submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). State guidelines for allowable costs can be
found in the Department of Financial Services' Reference Guide for State Expenditures at
http://www.fldfs.com/aadir/reference%5Fguide.
E. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program-by-
program or a project-by-project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
ii. If the Department fmds that these funds have been commingled, the Department shall
have the right to demand a refund, either in whole or in part, of the funds provided to the
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee, upon such written notification from the Department shall
refund, and shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
DEP Agreement No. S0745, Page 2 of 8
iii. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s) the payment(s) are recovered
by the Grantee to the date repayment is made to the Department by the Grantee.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations.
5. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during
the reporting period, problems encountered, problem resolution, schedule updates and proposed work for
the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later
than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31 , June
30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days
to review the required reports and deliverables submitted by the Grantee. Final payment, of up to ten (1 0)
percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is
completed, all deliverables have been submitted, match requirements have been met and the Final Project
Report has been received and approved.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
7. A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department
shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed
for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of
being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for
failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance
under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to
the Department All CAPs must be able to be implemented and performed in no more than sixty (60) days.
A. A CAP shall be submitted within ten (I 0) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (1 0) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
shall have ten (10) calendar days from receipt of the Department Jetter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
above shall result in the Department's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement.
DEP Agreement No. S0745, Page 3 of 8
In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the
Department shall retain the right to require additional or further remedial steps, or to terminate this
Agreement for failure to perform. No actions approved by the Department or steps taken by the
Grantee shall preclude the Department from subsequently asserting any deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(1)(a), Florida Statutes.
I 0. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five (5) years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes.
Il.
I2.
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at
850/245-2361 to request a copy of the updated information.
B. The Grantee 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. The Grantee shall
consider the type offmancial assistance (federal and/or state) identified in Attachment E, Exhibit
1 when making its determination. For federal fmancial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-I33, Subpart B, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found
under the "Links/Forms" section appearing at the following website:
A.
https:/ Iapps. tldfs.corn/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
The Grantee may not subcontract work under this Agreement without the prior written consent of
the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to
the Department within ten (I 0) days after execution. Regardless of any subcontract, the Grantee is
ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to
DEP Agreement No. S0745, Page 4 of 8
be responsible for the fulfillment of all work elements included in any subcontract and agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed
by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State ofFiorida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement
includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules
and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of
this Agreement.
15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt
requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses
below.
16. The Department's Grant Managers (which may also be referred to as the Department's Project Manager) for
this Agreement are identified below.
,\
Technical \\
Michael Thomas
Florida Department of Environmental Protection
Water Quality Restoration Program
2600 Blair Stone Road, MS# 3570
Tallahassee, Florida 32399
Telephone No.: (850) 245-7513
Fax: No.: (850) 245-8434
E-mail Address: Michael.thomas@}dep.state.fl.us
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Administrative
Connie Becker
Florida Department of Environmental Protection
Water Quality Restoration Program
DEP Agreement No. S0745, Page 5 of 8
2600 Blair Stone Road, MS# 3510
Tallahassee, Florida 32399
Telephone No.: (850) 245-5505
Fax No.: (850) 245-8434
E-mail Address: Connie.L.Becker@deo.state.fl.us
17. The Grantee's Grant Manager for this Agreement is identified below.
Denese Williams
City of Miami Gardens ·."
18605 Northwest 27th Avenue ,,··./" ......
Miami Gardens, Florida 33056 / \,
Telephone No.: (305) 622-8000 \..
Fax No.: (305) 622-8322
E-mail Address: dwilliams igardens-fl.gov ·,
18. To the extent required by law, the Grantee wiU be self-insured against, or wiU secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the its employees unless such employees
are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department,
for the protection of his employees not otherwise protected.
19. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily
injury and property damage. The minimum limits of liability shall be $200,000 each individual's
claim and $300,000 occurrence. This insurance will provide coverage for all claims that may arise
from the services and/or operations completed under this Agreement, whether such services and/or
operations are by the Grantee or anyone directly or indirectly employed by him.
B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims
which may arise from the services and/or operations under this Agreement, whether such services
and/or operations are by the Grantee or by anyone directly, or indirectly employed by him. The
minimum limits of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if
applicable
$300,000 Hired and Non-owned Liability Coverage
C. All insurance policies shall be with insurers licensed or eligible to do business in the State of
Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance
will not be canceled for any reason except after thirty (30) days written notice (with the exception
of non-payment of premium which requires a 10 day notice) to the Department's Procurement
Administrator.
20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
DEP Agreement No. S0745, Page 6 of8
21. Reimbursement for equipment purchases costing $1 ,000 or more is not authorized under the terms and
conditions of this Agreement.
22. The Department may at any time, by written order designated to be a change order, make any change in the
Grant Manager information or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and posts the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity, at (850) 487-0915.
24. Land acquisition is not authorized under the terms of this Agreement
25 . This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited
or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Agreement. Any .action hereon or in connection herewith shall be brought in Leon County, Florida.
26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0745, Page 7 of8
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF MIAMI GARDENS STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: ___________ _ By: --------------------------------Title: * Secretary or designee
Date: ________________________ _ Date: __________________ _
Michael Thomas, DEP Grant Manager
Connie Becker, DEP Grant Manager
DEP Contracts Administrator
Approved as to form and legality:
DEP Attorney
FEID No.: 11-3695944
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
Grantee must accompany the Agreement.
List of attachments/exhibits included as part ofthis Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment _A_ Grant Work Plan (4 Pages)
Attachment _lL_ Payment Request Summarv Form (2 Pages)
Attachment __£__ Contract Payment Requirements (1 Page)
Attachment _Q_ Progress Report Form (1 Page)
Attachment _lL Special Audit Requirements (5 Pages)
DEP Agreement No. S0745, Page 8 of 8
ATTACHMENT A
SCOPE OF WORK
Project Title: Vista Verde Stormwater Project
Project Summary: This project will install a french drain system to include sediment traps, pollution baffles and
permeable piping, filter cloth and ballast rocks in a residential area of the City of Miami Gardens. It will consist of
restoration of any roads, sidewalks, and swales impacted during construction. A total of 148 homes are in this area and
will benefit from these improvements. Additionally, this project will enhance the quality of surface water runoffs by
reducing contaminates and improve water bodies.
Project Location: NW 39th Avenue from NW 213th to 215th Street
Geographic Location of Project:
City of Miami Gardens, Florida, (See Location Map)
Latitude/Longitude: 25.927 N/ 80.228 W
Impacted Watershed Name: Coastal Watersheds (Biscayne Bay)
Hydrological Unit Code: 030301030202
Task 1:
Title: Roadway Drainage Improvements I
Description:
Installation of storm water French drain system, sediment traps, pollution baffles and permeable piping, filter cloth
and ballast rocks. Approximately 2300 LF of 18 inch perforated HDPE N-12HP pipe will be installed with exfiltration
trench and approximately 600 linear feet of 15 inch solid HDPE N-12 HP pipe. The project will also consist of
restoration of any roads, sidewalks, and swales impacted during construction. This design will satisfy the following
level of service requirements:
1. 5 year storm up to 24 hour duration with either no overflow positive discharge. No ponding (volumetric
design)
2. 5 year storm 1 hour event with infiltration if using a flood routing approach no overflow, no ponding.
A quarterly progress report will be required for submittal to the Department Grant Manager to update them on status
of each task and the overall project, as a way to describe any issues or delays encountered or if everything is on target.
Deliverables: Electronic (.pdf) copies of dated color photographs of the site prior to, during, and immediately
following completion of the task; as-built certification; signed statement from a Florida Licensed Professional
Engineer indicating construction has been completed in accordance with the design and acceptance of the completed
project by the grantee.
Performance Standard: The Department's Grant Manager will review the bid package and subcontract to ensure
compliance with state laws specific to this Agreement. The Department Grant Manager will review the photographs
and certification of completion to verify that the work was completed and is in compliance with the approved form
and the Grant Requirements.
Timeline: 30 months. Deliverables due 30 days before task completion.
Allowable Costs: Construction, Surveying and Engineering Contractors.
Budget Narrative:
The total cost of this project is approximately $1 ,067,417. This is a cost shared project, with a $275,000 DEP funding
contribution. The remaining is an estimated $792,417 and will be funded from the Grantee's CDBG and PTP (l/2
penny tax) budget.
DEP Agreement No. S0745, Attachment A, Page 1 of 4
I
Task I a.c~cet by Category DEPF .. dillg
Contractual $275,000
TOTAL FOR TASK $275,000
Schedule for payment must be tied to submittal of a deliverable or completion of a task and the DEP's acceptance or
approval of the deliverable.
PROJECT LOCATION AND WATERSHED CHARACTERISTICS:
The C-8 (Biscayne) Canal (WBID 3285) is located in northeastern Miami-Dade County. The canal was
designed for two purposes: providing flood protection and drainage for the C-8 watershed, and
maintaining an adequate ground water table elevation to prevent saltwater intrusion into local ground
water (Cooper and Lane 1987). The C-8 originates in the east borrow of the Palmetto Expressway at the
northwest comer of the Miami Lakes subdivision. Flow in the canal is to the east with discharge via the
S-28 water control structure to Biscayne Bay.
Size of Project Impact: 21.53 acres
Size of Area Being Treated: 21.53 acres
Impaired Water Body Affected: C-8 (3285) and C-9 (3287) Canal to Biscayne Bay, WBID 6001
TMDL Status and Name: The C-8 and C-9 Canal have been documented in the May 2014 TMDL
rep ort by FDEP for fecal coliform and approved by EPA. These two canals are connected to the
Biscayne Bay.
TMDL Impairment:
Impairments To Be Addressed by Project: See below sources of pollutants that this proJect will
address.
BMAP Status and Name: "No BMAP."
Sources of pollutants found in runoff from roads and highways.
Pollutant
Sedimentation Particulates
utrients itrogen & phosphorus
Heavy Metals Lead
inc
Iron
Source
Pavement wear, vehicles, the
atmosphere and maintenance
activities
A.tmosphere and fertilizer
application
~..,eaded gasoline from auto
exhausts and tire wear
Tire wear, motor oil and
grease
A.uto body rust, steel
tJ.ighway structures such as
bridges and guardrails, and
L-------------------------~------------------------------------~
DEP Agreement No. S0745, Attachment A, Page 2 of 4
......
moving engine parts
Metal plating, bearing and
brushing wear, moving
Copper engine parts, brake lining
wear, fungicides &
insecticides
Cadmium Tire wear and insecticide
application
!Metal plating, moving
Chromium engine parts and brake lining
~ear
Diesel fuel and gasoline,
Nickel lubricating oil, metal plating,
bushing wear, brake lining
wear and asphalt paving
Manganese Moving engine parts
Anti-caking compounds
Cyanide used to keep deicing salt
granular
Sulphates Roadway beds, fuel and
deicing salts
Spills, leaks, antifreeze and
Hydrocarbons Petroleum hydraulic fluids and asphalt
surface leachate
!Adapted from Guidance Specifying Management Measures for Sources ofNonpoint Pollution
DEP Agreement No. S0745, Attachment A, Page 3 of 4
LOCATION MAP
NW 39 A VENUE FROM NW 213 STREET TO NW 215 STREET
DEP Agreement No. S0745, Attachment A, Page 4 of 4
DEP AGREEMENT NO. S0745
CITY OF MIAMI GARDENS
AMENDMENT NO. 1
THIS AGREEMENT as entered into on the !3th day of October, 2014, between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department")
and the CITY OF MIAMI GARDENS (hereinafter referred to as the "Grantee") is hereby amended.
WHEREAS, the project has been completed; and
WHEREAS, the grant needs adjustment to reflect the actual disbursed amount; and,
WFIEREAS, the Department needs to amend the agreement to administratively close out the
grant.
NOW, THEREFORE, the parties hereto agree as follows:
1. The grant amount of $270,000 is hereby reduced by $107,827.01, and the adjusted total
disbursed grant amount is $167,172.99.
2. The remaining balance of $107,827.01 will be reallocated to LP1320B.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0745, Amendment No. 1, Page 1 of 2
This Amendment 1 to State Financial Assistance Agreement S0745 may be executed in two or
more counterparts, either 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 Agreement to be
executed on its behalf by the Secretary or Designee of the Department and the Grantee has caused this
amendment to be executed on its behalf by its Authorized Representative. The effective date of this
amendment stmll be as set forth below by the Secretary or Designee of the Department of Environmental
Protection-
CITY OF MIAMI GARDENS
Citv Manacer
Date:
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Secretary or Designee
Date:
FEIDNo.: 11-3695944
.■.Attest" "'■L
^ ^ J
\ Konetta, Taylor MMC AZity'cierk
Michael Barr, DEP Grant Manager
DEP Agreement No. S0745, Amendment No. 1, Page 2 of 2