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HomeMy WebLinkAboutExhibitSUB -RECIPIENT: PROJECT #: PROJECT TITLE: CONTRACT #: MODIFICATION #: SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL City of Miami PDMC-PJ-04-FL-2016-006 City of Miami Wind Retrofit Project 18 D M-AX-11-23-02-365 2 SUB -RECIPIENT REPRESENTATIVE (POINT OF CONTACT) Ms. Lillian Blondet Director of Grants Administration 444 S.W. 2nd Avenue, 5th Floor Miami, FL 33130 Enclosed is your copy of the proposed contract/modification between City of Miami and the Florida Division of Emergency Management (FDEM). COMPLETE This form is required to be included with all Reviews, Approvals, and Submittal Two (2) Copies printed for Approval Printed Single -sided (lf your policy is to copy two-sided please contact me and / will send you two original one-sided copies for signature) Reviewed and Approved Signed and Dated by Official Representative (blue ink) Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, Chief Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated (❑ N/A for Modifications) Two Signed and dated Originals mailed to FDEM - Tallahassee Florida Division of Emergency Management Mitigation Bureau — HMGP 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention — Grant Specialist —Kailyn Quirk If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-4532 or email me at Susan.Harris- Council©em.myflorida.com. Contract Number: 18DM-AX-11-23-02-365 Project Number: PDMC-PJ-04-FL-2016-006 MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND CITY OF MIAMI This Modification Number 2 made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and City of Miami ("the Sub -Recipient") to modify Contract Number 18DM-AX-11-23-02-365, dated April 2, 2018, ("the Agreement"). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $315,860.15, in Federal Funds; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on August 30, 2020; and WHEREAS, the Division and the Sub -Recipient desire to reinstate and extend the terms and increase the Federal Funding under the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin April 2, 2018 and shall end February 28, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Agreement is amended to increase the Federal Funding by $391,502.13, for the maximum amount payable under the Agreement to $707,362.28, (Seven Hundred Seven Thousand Three Hundred Sixty- Two Dollars and Twenty- Eight Cents) 4. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 2nd Revised Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 5. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 6. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 7. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB -RECIPIENT: City of Miami By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Attachment A Scope of Work and Budget (2nd Revision) STATEMENT OF PURPOSE: The purpose of this Scope of Work (SOW) is to protect the Solid Waste Building in the City of Miami, Miami - Dade County, Florida; funded through the Pre -Disaster Mitigation Grant Program (PDMC), PDMC-PJ-04- FL-2016-006, as approved by the Florida Division of Emergency Management (FDEM) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, City of Miami, agrees to administer and complete the project per scope of work as submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub - Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Pre -Disaster Mitigation Grant Program project, the Sub -Recipient proposes to retrofit the City of Miami's Solid Waste Building, located at 1290 NW 20th Street, Miami, Miami -Dade County, Florida, 33142. The scope of work for this project consists of retrofitting the City of Miami Solid Waste Building by providing a new roof system capable of withstanding wind loads during natural disasters. In addition, all windows and doors will be replaced by an impact resistant glazing system meeting or exceeding Miami - Dade County Code. If deemed necessary, wind protections are provided on any other opening such as vents, louvers and exhaust fans. All installations will be in strict compliance with the Florida Building Code or Miami -Dade Specifications and all materials will be certified to meet wind and impact standards. The local municipal or county building department will inspect and certify installation according to the manufacture's specifications. TASKS & DELIVERABLES: A. Tasks 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub - Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub -Recipient shall monitor and manage the procurement and installation of all opening protection products in accordance with the HMGP application and associated documentation as presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub - Recipient shall ensure that all applicable State, Local and Federal Laws and Regulations are followed and documented, as appropriate. The project shall protect the building from windblown debris resulting from high windstorms, which shall allow the function of the structures to continue following a severe wind event. The Sub -Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub -Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. d) Signed and Sealed As -built project plans (drawings) by the Professional of Record, two hard copies and electronic version (via email or CD). e) Letter of Completion: 1. Affirming that the project was completed in conformance with the approved project drawings, specifications and scope; and 2. Certifying Compliance with all applicable codes. f) Proof of compliance with Project Requirements and Conditions contained herein. During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request, attesting to the completion of the work, disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation, which may include but not be limited to cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly Reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount; The Sub -Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B. Deliverables Mitigation Activities consist of providing protection to City of Miami Solid Waste Building located at 1290 NW 20th Street in Miami, FL 33142 by providing a new roof system capable of withstanding wind loads during natural disasters. In addition, all windows and doors will be replaced by an impact resistant glazing system meeting or exceeding Miami -Dade County Code. The structure shall be hardened to the required Florida Building Code requirements. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C. Engineering 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final approval; as applicable. 3) The Sub -Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 4) The Sub -Recipient shall submit a signed and sealed final copy of the completed project's As -built drawings and all necessary supporting documentation, and provide a summary of all contract scope of work changes, if any. 5) The Sub -Recipient shall submit a certified letter of completion from Engineer of Record. The Sub - Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable codes. 6) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to exceed the wind and impact standards of the current local codes. 7) Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for closeout. 8) The Sub -Recipient shall follow all applicable State, Local and Federal Laws Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. Glazing in buildings shall be impact resistant or protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996, ANSI/DASMA 115 (for garage doors and rolling doors) or Miami -Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows: a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the Large Missile Test b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of the Small Missile Test. c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 feet (9144 mm) of grade shall meet requirements of the Large Missile Test. Impact -resistant coverings shall be tested at 1.5 times the design pressure (Positive or Negative) expressed in pounds per square feet as determined by the Florida Building Code, Building Section1609 for which the specimen is to be tested. 9) The local municipal or county building department shall inspect the installation according to the manufacture's specification, and ensure that the above referenced standards have been met; documentation provided to the division for closeout. 10) The materials and work funded pursuant to this Sub grant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or manmade disaster. 11) The funding provided by the Division under this sub grant shall compensate for the materials labor and fees for the hardening activities as a retrofit measure for the Sub -Recipient's buildings to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Division does not confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. 12) This project has not been evaluated by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design and Construction for Community Shelter, and thus does not provide "near absolute protection." It is understood and agreed by the Division and the Sub -Recipient that the building may have vulnerabilities due to age, design and location, which may result in damage to the building from wind events even after the installation of the mitigation measures funded under this Sub grant Agreement. It is further understood and agreed by the Division and the Sub -Recipient that the level of wind protection provided by the mitigation action, although meeting State standards and codes and enhancing the structural integrity of the building, does not ensure the safety or survival of building occupants. D. Environmental: 1) The Sub -Recipient shall follow all applicable state, local and federal laws regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If the project is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 2) If any ground disturbance activities occur during construction, the Sub -Recipient shall monitor ground disturbance during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. 3) Any change addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA, but done substantially at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA's ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 4) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E. Programmatic: 1) The Sub -Recipient must notify the Division as soon as significant developments becomes known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 2) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 3) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30-days prior to the Period of Performance date, for review and approval by the Division; for submittal to FEMA for closeout. 4) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date, and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 5) The Sub -Recipient must avoid duplication of benefits between the PDM Program and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. BUDGET: Funding Summary Federal Share: Local Share: Total Project Cost: Line Item Budget* $707,362.28 (75.00000053%) $235,787.42 (24.99999947%) Project Cost $943,149.70 (100.00%) Federal Share Local Share Construction/Materials $898,237.81 $673,678.36 $224,559.45 Contingency Fees $0.00 $0.00 $0.00 Subapplicant Management Fees $44,911.89 $33,683.92 $11,227.97 Total: $943,149.70 $707,362.28 $235,787.42 *Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required so long as the overall amount of the funds obligated under this Agreement is not increased. SCHEDULE OF WORK: Project Activation 2 Months Design 4 Months Permitting: 3 Months Construction / Installation: 6 Months Final Inspection/Closeout: 2 Months Total Period of Performance: 17 Months This is FEMA project number PDMC-PJ-04-FL-2016-006. The Period of Performance (POP) for this project shall end on February 28, 2022.