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Home My Public Portal About09-7917 DEP for NW 128th Street Drainage Sponsored by: City Manager RESOLUTION NO. 0 9-7 917 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER IN ENTERING INTO AND EXECUTING AMENDMENT NO. 4 TO DEP AGREEMENT NO. LP6071 BETWEEN THE CITY OF OPA- LOCKA, FLORIDA AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP) FOR THE N.W. 128TH STREET STORMWATER DRAINAGE/ROADWAY IMPROVEMENT PROJECT. WHEREAS,the City Commission of the City of Opa-locka("City Commission")previously adopted Resolution 07-7038 accepting an award of reimbursable grant funds from the State of Florida Department of Environmental Protection("DEP")and authorizing the City Manager to enter into and execute DEP Agreement No.LP6071,a State Financial Assistance Agreement between the City of Opa-locka("City") and DEP; and WHEREAS, DEP Agreement No. LP6071 provides for funding of the N.W. 128th Street Stormwater Drainage/Roadway Improvement Project in an amount not exceeding Six Hundred and Twenty Thousand Four Hundred and Fifty Eight Dollars ($620,458.00); and WHEREAS on September 10,2008,the City Commission adopted Resolution No.08-7343, authorizing the execution of Amendment No. 2 and Amendment No. 3 to DEP Agreement No. LP6071 between the City and DEP, extending the term of the grant agreement and revising the budget for the project to Eight Hundred Twenty Six Thousand Four Hundred Fifty Eight Dollars ($826,458.00); and WHEREAS, the City has completed the design phase of this project and is now ready to move forward with the next phase of this project; and Resolution No. 0 9—7 91 7 WHEREAS,due to the August 31,2009 deadline for the execution of the Amendment,the City Manager entered into and executed Amendment No.4 to DEP Agreement No.LP6071,prior to the August 31, 2009 deadline; and WHEREAS,the City Manager is requesting that the City Commission ratify action taken by the City Manager in entering into and executing Amendment No.4 to DEP Agreement No.LP6071; and WHEREAS, the City Commission desires to ratify the action of the City Manager and approve the authorization and execution of the Amendment No. 4 to DEP Agreement No. LP6071 for the N.W. 128th Street Stormwater Drainage/Roadway Improvement Project. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby ratifies the action taken by the City Manager in entering into and executing Amendment No. 4 to DEP Agreement No. LP6071, extending the agreement between the City and the State of Florida Department of Environmental Protection until August 31, 2010, for completion of the NW 128th Stormwater Drainage/Roadway Improvement Project, as set forth in the attached Exhibit "A" hereto, together with such non-material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. PASSED AND ADOPTED this 9 day of SEPTEMBER, 2009. Resolution No. rOw JOSE ' L. ELLEY AYLR Attest: Approved as to form and legal su ficiency: i eborah . Ir i y Burnadette Noris-,Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: TAYLOR Commission Vote: 4-0 Commissioner Holmes: OUT OF ROOM Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES RESOLUTION-FDEP LP6071 GRANT AWARD EXTENSION Qp-LOCk4 O \'m 0" <0 9 h V.. (`ry,... D •Memorandum To: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Rose Tydus Commissioner Dorothy "Doti'• Jo • on From: Bryan Finnie, Interim C. y ■ anager Date: August 19, 2009 44 Re: FDEP G ' • ■ -6071 AGREEMENT EXTENSION Request: APPROVAL OF A RESOLUTION FOR THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO AUTHORIZE THE CITY MANAGER TO SIGN AN EXTENSION AGREEMENT FOR A REIMBURSABLE GRANT AWARD IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED TWENTY SIX FOUR HUNDRED FIFTY EIGHT THOUSAND DOLLARS ($826,458) FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) FOR THE N.W. 128TH STREET STORMWATER DRAINAGE/ROADWAY IMPROVEMENTS, DEP AGREEMENT LP6071, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY Description: The City of Opa-locka applied for and was awarded a DEP grant for the N.W. 128th Street Stormwater Drainage/Roadway Improvement project. The design phase of this roadway project has now been completed and the City needs to execute an extension to the agreement (Amendment 4) in order to continue with the next phase of this project. This agreement and the reconstruction of this roadway when completed will provide drainage improvement for this busy business thoroughfare and improve both vehicular and pedestrian traffic in the immediate area. Financial Impact: A 50% match is required as part of the conditions of this grant. In order to proceed with the construction phase of this project, provision should be made in the form of an allocation as part of the upcoming budget FY09-10 in the capital project category. This expense is expected to have a long term a positive impact with area business and growth in this industrial zone of the City. FDEP LP 6071 Grant Extension Page Two August 18, 2009 Implementation Timeline: Beginning with the first quarter of this fiscal year, the plan will be updated and permitted. A recommendation to award is expected to be presented to City Commission in February 2010 and construction is scheduled to begin around March 2010. The duration of the construction work is anticipated as a six months period with a completion date of August—September 2010. Legislative History: 07-7038 Analysis: To date the design phase has been completed with 100 % construction drawings for the roadway ready to begin permitting. Last year, the City did not set the advertising/bidding phase given the impact of the tax cut backs on the overall budget. This extension affords the City of Opa-locka the opportunity to budget for the new fiscal year 2010 in order to begin execution and completion of this drainage improvement project. Attachments: LP6071 Attachment A-1 LP6071 Amendment 4 # tEC1ION Florida Department a. CharheCrist ' Governor 4 ; ' `' Environmental Protection Jeff Kottkamp Lt. Governor FC Bob Martinez Center LQR ® 2600 Blair Stone Road Michael W. Sole Tallahassee, Florida 32399-2400 Secretary August 12,2009 Mr. Fritz Armand Public Works and Utilities Director City of Opa-Locka 12950 NW 42 Avenue Opa-Locka,Florida 33054 Re: LP6071 -City of Opa-Locka Opa-Locka NW 128th Street Drainage Improvements Dear Mr. Armand: Enclosed are two original copies of the proposed Legislative Project grant Amendment 4 for the City's stormwater improvement project.The amendment extends the date of completion for the project. Please have the City Manager sign on page 3 of the enclosed two copies. Return both copies to us within three weeks at 2600 Blair Stone Road,Mail Station 3505,Tallahassee, Florida,32399-2400. We will arrange for the Deputy Division Director to sign the document and mail a fully executed original to the City. If you have any questions about the amendment,please call Maura Callahan at 850/245- 8358. Sincerely, `l/� r�� Robert E. Holmden,P.E.,Chief Bureau of Water Facilities Funding RH/me Enclosures cc: Fernand Thony-City of Opa-Locka Bryan Finnie-City of Opa-Locka More Protection, Less Process' W1441'dep.state.II.us STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO.LP6071 CITY OF OPA-LOCKA AMENDMENT NO.4 PURSUANT TO LINE ITEM 1717A OF THE 2005-2006 GENERAL APPROPRIATIONS ACT, AND LINE ITEM 1821 OF THE 2006-2007 GENERAL APPROPRIATIONS ACT THIS AGREEMENT as entered into on the 8th day of May, 2006, and amended on the 12th day of April,2007, the 24th day of July,2008,and the 21st day of August,2008,between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF OPA-LOCKA (hereinafter referred to as the "Grantee" or "Recipient")is hereby amended. WHEREAS, the Grantee has requested an extension of the term of the Agreement in order to complete the project as planned;and, WHEREAS, it has been determined that an extension of time to complete the project would be in the best interest of the State; and, WHEREAS, the Grantee understands that certification forward of State Fiscal Year 2005- 2006 and State Fiscal Year 2006-2007 funds supporting this Amendment beyond June 30th of each year is subject to the approval of the Governor's Office;and, WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding period;and, WHEREAS, the Grantee understands that if the Governor's Office does not approve the Department's request to certify the funds forward, the Grantee will not be eligible for reimbursement for the activities covered by the remaining unpaid State Fiscal Year 2005-2006 and State Fiscal Year 2006-2007 funds;and. WHEREAS,additional changes to the Agreement are necessary. NOW,THEREFORE,the parties hereto agree as follows: 1. Section 2. is hereby revised to change the completion date of the Agreement from August 31, 2009, to August 31, 2010, and to include the following language as a separate paragraph. The Grantee understands and agrees that certification forward of the State Fiscal Year 2005-2006 and the State Fiscal Year 2006-2007 funds supporting this Agreement beyond June 30th of each year is subject to the approval of the Governor's Office. 2. Attachment A, Project Work Plan, is hereby amended to include Attachment A-4, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in DEP Agreement No.LP6071,Amendment No.4,Page 1 of 3 the Agreement to Attachment A, Project Work Plan, shall hereinafter refer to Attachment A, Project Work Plan, Attachment A-1, Revised Project Work Plan, Attachment A-2, Revised Project Work Plan, Attachment A-3, Revised Project Work Plan and Attachment A-4, Revised Project Work Plan. - In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto,shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.LP6071,Amendment No.4,Page 2 of 3 This Amendment 4 to State Financial Assistance Agreement LP6071 shall 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 State Financial Assistance Agreement to be executed on its behalf by the Deputy Director 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 shall be as set forth below by the Deputy Director of the Department of Environmental Protection, Division of Water Resource Management. CITY OF OPA-LOCKA FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: - By: ager Deputy Director Division of Water Resource Management Date: 6 120 109 Date: Tommy Williams,DEP Grant Manager *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment,a resolution,statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description(include number of pages) Attachment A-4 Revised Project Work Plan(1 page) DEP Agreement No.LP6071,Amendment No.4,Page 3 of 3 Florida Department of Environmental Protection LP6071 —City of Opa-locka Opa-locka NW 128th Street Drainage Improvements City of Opa-locka: Attest: De. 3 rah S. Irby - --oan -? foreS Ms--.Cital Clerk Approved as to form and legal sufficiency: City • .rney Burnadette Norris-Weeks, P.A. ATTACHMENT A-3 REVISED PROJECT WORK PLAN Please complete this form with as much detail as possible I. GRANTEE/PROJECT INFORMATION: Grantee: CITY OF OPA-LOCKA Project Title: Opa-Locka NW 128th Street Drainage Improvements DEP Grant#: LP6071 H. FUNDING PLAN:No Change in Funding Plan 2007-2008 LP 2007-2008 Total 2007-2008 Grant Category of Expenditure Funds Provided Match Required Funding Professional Services $99,500 $99,500 $199,000 Construction& $726,958 $726,958 $1,453,916 Demolition Land Equipment Other(Specify) Total $826,458 $826,458 $1,652,916 III. SCOPE OF WORK: (No Change in Scope) N.W. 128 th Street Storm water Drainage/Street Improvement will consist in the design,permitting and construction of a drainage system at the aforementioned location as well as the restoration of the roadway. The project encompasses building a new drainage system to alleviate rain events a well as the repair of nearly.31 mile of roadway.This drainage system by utilizing a collection of inlets and French drain will mitigate current flooding and associated pollution. Item Completion Date Taskl- RFP and Selection of Design Consultant(completed) Task2- Design and Complete Construction Documents for the Project(completed) Task3- Permitting of Construction Documents(3 months) December 2009 Task4- Receive Bids and Award Project to Wining Bid(2 months) February 2010 Tasks- Construction Phase(6 Months) August 2010 Task6- Project Closeout/Dedication of roadway(2 Months) Sept—Oct 2010 IV. PROJECT MILESTONES:Change to Ending Date. Consultant on Board April 2007 Design Completed August 2007 Estimated Construction Start date March 2010 Estimated Construction Completion Date August 2010 Estimated Construction start date: March 1,2010 Estimated scope of work completion date: August 31,2010 V. LOCAL MATCH & OTHER GRANT FUNDS: No Change in Match is expected for this project Sponsored by: City Manager RESOLUTION NO. 0 8-7 3 4 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AMENDMENT NO. 2 AND AMENDMENT NO. 3 TO DEP AGREEMENT NO. LP6071 BETWEEN THE CITY OF OPA- LOCKA AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) FOR THE N.W. 128TH STREET STORMWATER DRAINAGE/ROADWAY IMPROVEMENT PROJECT. WHEREAS,the City Commission of the City of Opa-locka("City Commission")previously adopted Resolution 07-7038 accepting an award of reimbursable grant funds from the State of Florida Department of Environmental Protection("DEP")and authorizing the City Manager to enter into and execute DEP Agreement No.LP6071, a State Financial Assistance Agreement between the City of Opa-locka("City") and DEP; and WHEREAS, DEP Agreement No. LP6071 provides for funding of the N.W. 128th Street Stormwater Drainage/Roadway Improvement Project in an amount not exceeding Six Hundred and Twenty Thousand Four Hundred and Fifty Eight Dollars ($620,458.00); and WHEREAS, the City has completed the design phase of this project, submitted a reimbursement package to. DEP pursuant to Agreement No. LP6071 and is now ready to move forward with the next phase of this project; and WHEREAS,the City and DEP desire to extend the term of the grant agreement until July 31, 2009 by entering into Amendment No. 2 to DEP Agreement No. LP6071; and WHEREAS, the City and DEP desire to revise the budget for the project by entering into Amendment No. 3 to DEP Agreement No. LP6071; and Resolution No. 08-7343 WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve the authorization and execution of Amendment No. 2 and Amendment No. 3 to DEP Agreement NO. LP6071. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka authorizes the City Manager to enter into and execute Amendment No.2 to DEP Agreement No.LP6071,extending the agreement between the City and the State of Florida Department of Environmental Protection until July 31, 2009,and Amendment No. 3 to DEP Agreement No.LP6071,revising the budget for the NW 128th Stormwater Drainage/Roadway Improvement Project, attached hereto as Exhibit"A",together with such non-material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. PASSED AND ADOPTED this 10 day of September , 2008. E' .,LLEY MAYOR Attest: Approved as to form and legal suff iency: r Deborah S. Irby B .I- e Norris-Weeks City Clerk City Attorney Resolution No. 0 8-7 3 4 3 Moved by: JOHNSON Seconded by: MILLER Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YES RESOLUTION-FDEP LP6071 GRANT AWARD EXTENSION