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2014-177-2156 - 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