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Home My WebLink About24084AGREEMENT INFORMATION AGREEMENT NUMBER 24084 NAME/TYPE OF AGREEMENT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DESCRIPTION CLEAN WATER & STATE REVOLVING FUND DESIGN & CONSTRUCTION LOAN AGREEMENT/WAGNER CREEK & SEYBOLD CANAL/FILE ID: 15-00733/R-15-0304/MATTER ID: 22- 2346 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 9/28/2022 DATE RECEIVED FROM ISSUING DEPT. 9/28/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 ‘,�./ CITY OF MIAMI DOCUMENT ROUTING FORM * IMCORP HMV 18 98 l ORIGINATING DEPARTMENT: Office of Capital Improvements DEPT. CONTACT PERSON: File No: oci2j 108 EXT: Charles McKinnon/Hector Badia 12789/1280 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida Department of Environmental IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT INVOLVED AMOUNT: $ 7,472,533 FUNDING INVOLVED $ Z YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT Certification of State Revolving Loan Fund Disbursement Request No. SW 132000 Wagner Creek/Seybold Canal OCI Project Number 40-B50643 COMMISSION APPROVAL DATE: 07/09/15 FIELD ID: 15-0073 ENACTMENT NO.: R-15-0304 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR PRINT: HECTOR BADIA INTERIM DIRECTOR SIGNATURE: iDocuSiggned by: c 6-- 1_38ACAB636B542B SUBMITTED TO RISK MANAGEMENT PRINT: ANN-MARIE SIGNATURE: SH RuocPEned by: FrAA GblMt/') '-27395C6318214E7... SUBMITTED TO CITY ATTORNEY PRINT: VICTORIA ,—DS SI W RE (V 2 MENDEZ r—DocuSigned by: p i , - -}jr. I APPROVAL BY ASSISTANT CITY MANAGER PRINT: NZERIBE SIGNATURE: ItTE 'W °457... p—DocuSigned by: N,1?U/ i(kt, f lawa,oa '- 45F9436AFE40458... RECEIVED BY CITY MANAGER PRINT: ART NORIEGA SIGNATURE: ,—DocuSigned by: Ar4 NorieS. 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: ‘--850CF6C372DD42A... DocuSigned by: PRINT: SIGNATUE PRINT: SIGNATURE: U E46o7560ocF1459... DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 ORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 State Revolving Fund Disbursement Request Package 1. Project Sponsor City of Miami 2. Project Number SW132000 3. Disbursement Request Number 4 FINAL 4. Type of Request: Partial ❑ Final ❑ 5. Federal Employer Identification Number 59-6000375 6. Mail ❑ EFT ❑ Send Remittance to: City of Miami 444 SW 2nd Ave. Miami, FL 33130 Disbursement Details (Rounded to the nearest dollar) 1. Planning and Specialized Studies (attach invoices) 2. Design (attach invoices) 3. Construction and Demolition (attach pay estimates) 4. Technical Services during Construction (attach invoices) 5. Other (must be specified in agreement) 6. Total cumulative to date 7. Disbursements previously requested 8 Amount requested for disbursement Amount This Request Total Cumulative $ - $ - $ - $ - $ 6,818,412 $ 20,363,400 $ 654,141 $ 814,351 $ - $ - $ - $ - $ 7,472,553 $ 21,177,751 $ 13,705,198 $ 7,472,553 (Total of lines 1 through 5) (Line 6 minus Line 7) EMAIL FORM AND SUPPORTING DOCUMENTATION TO: SRF_Reporting@dep.state.fl.us Page 1 of 3 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Authorized Representative's Certification of Disbursement Request Arthur Noriega on behalf of (name of Authorized Representative designated in the agreement) the City of Miami , do hereby certify that: (name of Project Sponsor) 1. The disbursement amount requested on page 1 of this form is for allowable costs for the project described in the agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Project Sponsor's permanent records. 3. The Project Sponsor is required to pay such costs under the terms and provisions of contracts relating directly to the project, and the Project Sponsor is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is underway have been obtained. 6. If applicable, I certify to the best of my knowledge and belief that the above referenced project complies with Davis -Bacon and Related Acts such that all of the laborers and mechanics employed by contractors and subcontractors during the referenced period on the contractors pay applications submitted with this disbursement request were paid wages at rates not Tess than those listed on the prevailing wage rate contained in the contract documents and that all applicable provisions of the Davis -Bacon and Related Acts have been met. also certify that interviews and periodic reviews of a representative sample of the weekly payroll data have been performed to verify that contractors and subcontractors are paying the appropriate wage rate. understand that falsifying information on this certification may be grounds for termination of the SRF loan agreement. DS DocuSigned by: Ar4 I'Jor "-850CF6C372DD42A ( Signature of Authorized Representative) City Manager (Title) September 28, 2022 1 10:30:42 EDT (Date) Page 2 of 3 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Engineer's Certification of Disbursement Request Jose A. Ramos , being the Professional Engineer retained by (name of Professional Engineer) the City of Miami , am responsible for overseeing construction of the (name of Project Sponsor) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Rule 62-604.600 (2)(b) or Rule 62- 620.630(2)(a) for CWSRF or Florida Administrative Code Rule 62-555.540 (2)(b) or Rule 62- 555.520(3) for DWSRF, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department. Signature of Professional ngneer CH2M Hill Constructors, Inc. Firm or Affiliation 0 74/2622 . 63120 aatete (P.E. Number) Page 3 of 3 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 City of Miami Wagner Creek/Seybold Canal SRF Loan No. SW132000 Disbursement Request #4 FINAL Descri . tion Invoice # This Re. uest Technical Services After Bid Opening CH2M Hill Constructors, Inc. Contract Amount $ 3,499,588 Project No. 650820 Total Invoices $ 1,593,027 Inv. Prior-#7 Less Other Funding $ 1,432,817 SRF Loan $ 160,210 Less: RTD $ 160,210 Amt This Request $ - 0 CH2M Hill Constructors, Inc. Contract Amount $ 654,150 Project No. WAGCRK21 Total Invoices $ 654,141 Inv. #1-#6 Less Other Funding $ - SRF Loan $ 654,141 Less: RTD $ - Amt This Request $ 654,141 Inv. #1-#6 654,141 Total Technical Services After Bid Opening SRF Loan Budget $ 1,725,000 Contract Amount $ 4,153,738 Total Invoices $ 2,247,168 Less Other Funding $ 1,432,817 SRF Loan $ 814,351 Less: RTD $ 160,210 Amt This Request $ 654,141 654,141 Construction and Demolition Sevenson Environmental Contract Amount $ 23,997,789 Services, Inc. Total PE's $ 23,713,400 PE #1-#30 Phase 1 Dredging Less Retainage $ - Less Other Funding $ 3,350,001 SRF Loan $ 20,363,400 Less: RTD $ 13,544,988 Amt This Request $ 6,818,412 PE #19-#30 6,818,412 Total Construction and Demolition SRF Loan Budget w/Contingencies $ 20,688,800 Contract Amount $ 23,997,789 Total PE's $ 23,713,400 Less Retainage $ - Less Other Funding $ 3,350,001 SRF Loan $ 20,363,400 Less: RTD $ 13,544,988 Amt This Request $ 6,818,412 SRF Loan SRF Loan Budget $ 22,413,800 Contracted Amounts w/ Allowances $ 28,151,527 Total Invoices/PE's/Allowances $ 25,960,568 Less Retainage $ - Less Other Funding $ 4,782,818 SRF Loan $ 21,177,751 Less: RTD $ 13,705,198 Amt This Request $ 7,472,553 7,472,553 % Req to Date 92% DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 ANGIEBREWER.COM keeping your funds flowing! SRF Revenue Schedule Date Received Draft Number Amount Requested Amount Not Received Total Received to Date Balance of Loan SW132000 $ 22,413,800 Amendment 1 Amendment 2 Total SRF $ 22,413,800 Request No/Date #1 11/09/17 0251223 $ 2,346,682 $ 2,346,680 $ 20,067,120 FDEP Adjustment $ (2) $ - $ - $ 20,067,120 #2 12/12/18 0314395 $ 7,702,292 $ - $ 7,702,292 $ 12,364,828 #3 01/17/20 0391697 $ 3,656,227 $ - $ 3,656,226 $ 8,708,602 FDEPAdjustment $ (1) $ - $ - $ 8,708,602 #4 $ 7,472,553 $ 7,472,553 $ - $ 8,708,602 #5 #6 #7 #8 #9 #10 Total SRF I $ 21,177,751 I $ 7,472,553 I $ 13,705,198 I $ 8,708,602 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REIMBURSEMENT SUMMARY Sponsor Name: City of Miami Payment Request No.: 4 FINAL DEP Agreement No.: SW132000 Vendor Name Invoice Number Invoice Date Invoice Amount Local Share or Other Funding or Amount Not Reauested Requested Amount Check Number Category (ie. g construction, technical services) CH2M Hill Constructors, Inc. #1 - CH2052821 7/26/2021 $ 113,489.90 $ - $ 113,489.90 ACH Technical Services CH2M Hill Constructors, Inc. #2 - CH2073021 9/27/2021 $ 198,714.76 $ - $ 198,714.76 ACH Technical Services CH2M Hill Constructors, Inc. #3 - CH2100121 11/23/2021 $ 204,571.67 $ - $ 204,571.67 ACH Technical Services CH2M Hill Constructors, Inc. #4 - CH2112621 2/10/2022 $ 129,746.11 $ - $ 129,746.11 ACH Technical Services CH2M Hill Constructors, Inc. #5 - CH2012822 3/23/2022 $ 6,162.08 $ - $ 6,162.08 ACH Technical Services CH2M Hill Constructors, Inc. #6 - CH2072922-F 8/10/2022 $ 1,456.50 $ - $ 1,456.50 ACH Technical Services Sevenson Environmental Services, Inc. #19 5/10/2021 $ 40,000.00 $ - $ 40,000.00 ACH Construction Sevenson Environmental Services, Inc. #20 7/16/2021 $1,223,910.00 $ - $ 1,223,910.00 ACH Construction Sevenson Environmental Services, Inc. #21 9/9/2021 $ 252,797.40 $ - $ 252,797.40 ACH Construction Sevenson Environmental Services, Inc. #22 10/14/2021 $ 539,944.87 $ - $ 539,944.87 ACH Construction Sevenson Environmental Services, Inc. #23 10/28/2021 $ 429,812.75 $ - $ 429,812.75 ACH Construction Sevenson Environmental Services, Inc. #24 11/27/2021 $ 463,378.52 $ - $ 463,378.52 ACH Construction Sevenson Environmental Services, Inc. #25 11/27/2021 $ 397,867.54 $ - $ 397,867.54 ACH Construction Sevenson Environmental Services, Inc. #26 12/10/2021 $ 592,746.17 $ - $ 592,746.17 ACH Construction Sevenson Environmental Services, Inc. #27 12/28/2021 $ 849,345.61 $ - $ 849,345.61 ACH Construction Sevenson Environmental Services, Inc. #28 1/12/2022 $ 940,939.98 $ - $ 940,939.98 ACH Construction Sevenson Environmental Services, Inc. #29 1/28/2022 $ 409,827.74 $ - $ 409,827.74 ACH Construction Sevenson Environmental Services, Inc. #30 2/28/2022 $ 677,841.18 $ - $ 677,841.18 ACH Construction Totals: $7,472,552.78 $ - $ 7,472,552.78 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Vendor CH2M Hill Constructors, Inc. Project Name Dredging Services Wagner Creek / Seybold Canal ABA Project # 228-300-01 Vendor # WAGCRK21 Funded by SRF/City Purchase Order Detail Total Work Complete This Period SRF SW132000 City Payment Deductions Total Value Original Contract Amount 654,141.02 8.98 j $ 654,150.00 CO/Amendment Number Vendor Approval Date Community Approval Date Funding Agency Approval Date Total C.O. Value - - $ - Contract Value 654,141.02 8.98 $ 654,150.00 Payment Number Invoice Date Check Number Check Date Net Payment #1 - CH2052821 7/26/2021 ACH 8/20/2021 113,489.90 113,489.90 - 113,489.90 #2 - CH2073021 9/27/2021 ACH 11/12/2021 198,714.76 198,714.76 - 198,714.76 #3 - CH2100121 11/23/2021 ACH 12/23/2021 204,571.67 204,571.67 - 204,571.67 #4 - CH2112621 2/10/2022 ACH 4/22/2021 129,746.11 129,746.11 - 129,746.11 #5 - CH2012822 3/23/2022 ACH 4/22/2021 6,162.08 6,162.08 - 6,162.08 #6 - CH2072922-F 8/10/2022 ACH 8/22/2022 1,456.50 1,456.50 - 1,456.50 Total Payment 654,141.02 654,141.02 - 654,141.02 Balance - 8.98 8.98 Prepared by: Angie Brewer & Associates, LC DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Contractor Sevenson Environmental Services, Inc. Project Name Wagner Creek/Seybold Canal Restoration Project City PO # 1704484 City Project # B-50643 ABA Project # 228-300-01 Funded by SRF/LP/FIND Purchase Order Detail Total Work Complete This Period Total Retainage SRF S W 132000 LP Grant S0774 FIND DA-MI-15-178 OS6 OnMI FIND DA-MI-16-204 (OS6 OnMI FIND DA-MI-17-217 City of Miami OS6 Only/ Payment Total Value Deductions Original Contract Amount ii. 16,050,140.00 450,000.00 700,000.00 1,200,000.00 - - $ 18,400,140.00 C.O. Number Contractor Approval Da Approval Date Community Da Approval Date Funding Agency Approval Date ADD GRANT (1,000,000.00) 1,000,000.00 - - #1 6/5/2017 6/5/2017 10/23/2018 - - - - - - - #2 7/3/2017 7/3/2017 10/23/2018 - - - - - - - #3 8/22/2018 9/12/2018 10/23/2018 87,107.94 - - - - - 87,107.94 #4 12/11/2018 12/18/2018 1/3/2020 (1,552,259.34) - - - - - (1,552,259.34) #12 12/18/2019 1/7/2020 N/A 36,978.00 - - - - - 36,978.00 #13 5/11/2021 3/23/2022 N/A (36,978.00) - - - - - (36,978.00) #14 3/31/2022 4/15/2022 7,062,800.00 - - - - - 7,062,800.00 Amount over 100 % * - - - Total C.O. Value 4,597,648.60 - - - 1,000,555.00 - $ 5,597,648.60 Contract Value 20,647,788.60 450,000.00 700,000.00 1,200,000.00 1,000,000.00 - $ 23,997,788.60 Payment Number Invoice Date Check Number Check Date Net Payment #1 6/21/2017 ACH 7/18/2017 1,246,680.02 (124,668.00) 918,142.42 - 203,869.60 - - - 1,122,012.02 #2 7/1/2017 ACH 9/1/2017 1,182,732.02 (118,273.20) 868,250.75 - 196,208.07 - - - 1,064,458.82 #3 8/1/2017 ACH 11/9/2017 568,728.79 (56,872.88) 239,671.67 242,184.42 29,999.82 - - - 511,855.91 #4 9/1/2017 ACH 12/26/2017 1,337,559.99 (133,756.00) 594,132.17 207,815.58 24,117.24 - - 377,739.00 1,203,803.99 #5 10/17/2017 ACH 1/12/2018 526,889.99 (52,689.00) 408,188.75 - 24,117.24 - - 41,895.00 474,200.99 #6 11/6/2017 ACH 2/28/2018 981,394.25 (98,139.43) 748,235.32 - 46,707.99 - - 88,311.51 883,254.82 #7 2/7/2018 ACH 3/16/2018 1,420,047.63 (142,004.76) 1,249,140.19 - 28,902.68 - - - 1,278,042.87 #8 1/8/2018 ACH 5/4/2018 1,297,266.40 (129,726.64) 1,143,422.52 - 24,117.24 - - - 1,167,539.76 #9 2/9/2018 ACH 6/12/2018 962,674.00 (96,267.40) 819,800.79 - 33,688.11 - - 12,917.70 866,406.60 #10 3/9/2018 ACH 6/22/2018 1,519,881.01 (151,988.10) 1,308,682.60 - 59,210.31 - - - 1,367,892.91 #11 4/5/2018 ACH 6/22/2018 850,930.60 (85,093.06) 463,304.92 - 29,061.70 273,470.92 - - 765,837.54 #12 5/5/2018 ACH 8/17/2018 2,323,316.96 (232,331.70) 1,127,790.02 - - 926,529.08 36,666.16 - 2,090,985.26 #13 6/5/2018 ACH 12/21/2018 979,709.64 (97,970.96) 493,286.01 - - - 388,452.67 - 881,738.68 #14 9/28/2018 ACH 12/21/2018 974,915.18 (97,491.52) 606,850.87 - - - 128,518.99 142,053.80 877,423.66 #15 10/25/2018 ACH 1/15/2019 - 1,504,063.56 1,250,520.98 - - - 253,542.58 - 1,504,063.56 #16 12/7/2018 ACH 2/1/2019 762,262.12 36,982.88 1,285,633.26 - - - 176,528.75 (662,917.01) 799,245.00 #17 9/12/2019 ACH 11/14/2019 - 26,226.21 13,113.11 - - - 13,113.10 - 26,226.22 #18 9/19/2019 ACH 11/14/2019 - 10,000.00 6,822.25 - - - 3,177.75 - 10,000.00 #19 5/10/2021 ACH 9/14/2021 - 40,000.00 40,000.00 - - - - - 40,000.00 #20 7/16/2021 ACH 9/8/2021 1,359,900.00 135,990.00 1,223,910.00 - - - - - 1,223,910.00 #21 9/9/2021 ACH 10/12/2021 280,886.00 28,088.60 252,797.40 - - - - - 252,797.40 #22 10/14/2021 ACH 10/29/2021 599,938.75 59,993.88 539,944.87 - - - - - 539,944.87 #23 10/28/2021 ACH 12/10/2021 477,569.72 47,756.97 429,812.75 - - - - - 429,812.75 #24 11/27/2021 ACH 12/10/2021 514,865.02 51,486.50 463,378.52 - - - - - 463,378.52 #25 11/27/2021 ACH 12/30/2021 442,075.04 44,207.50 397,867.54 - - - - - 397,867.54 #26 12/10/2021 ACH 1/7/2022 658,606.86 65,860.69 592,746.17 - - - - - 592,746.17 #27 12/28/2021 ACH 2/18/2022 943,717.35 94,371.73 849,345.61 - - - - - 849,345.61 #28 1/12/2022 ACH 3/18/2022 1,045,488.87 104,548.89 940,939.98 - - - - - 940,939.98 #29 1/28/2022 ACH 4/1/2022 455,364.15 45,536.42 409,827.74 - - - - - 409,827.74 #30 2/28/2022 ACH - (677,841.18) 677,841.18 - - - - - 677,841.18 Total Payment 23,713,400.36 0.00 20,363,400.36 450,000.00 700,000.00 1,200,000.00 1,000,000.00 - 23,713,400.36 Balance 284,388.25 - - - - - 284,388.25 *Represents items over 100% and/or change orders not yet approved by FDEP. Report Date. 6/29/2022 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 ATTEST: BY: State Revolving Fund Disbursement Request Package Authorized Representative's Certification of Disbursement Request Signature Page ,—DocuSigned by: 40O1DODUUfr 14D9... Todd Hannon, City Clerk r— DocuSigned by: (Affix City Se Approved by City Attorney as to legal form and correctness: BY: DocuSigned by: CITY OF MIAMI, a municipal corporation of the State of Florida BY: �DocuSigned by: A NM25w Arthur Norie 8V,F trVI'anager FDS A4 Approved as to Insurance Requirements: DocuSigned by: 'rain. ghont/7 BY. 27305C6318211E7... Victoria' gin' i 'i Attorney Ann -Marie Sharpe Director, Risk Management HDO? S —AtV22—ZZi�{6 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 %ail STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF MIAMI, FLORIDA CLEAN WATER STATE REVOLVING FUND DESIGN AND CONSTRUCTION LOAN AGREEMENT SW132000 Florida Department of Environmental Protection State Revolving Fund Program Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard, MS 3505 Tallahassee, Florida 32399-3000 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 CLEAN WATER STATE REVOLVING FUND DESIGN AND CONSTRUCTION LOAN AGREEMENT CONTENTS PAGE ARTICLE I - DEFINITIONS 1 1.01. WORDS AND TERMS. 1 1.02. CORRELATIVE WORDS. 3 ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 3 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. 3 2.02. LEGAL AUTHORIZATION. 5 2.03. AUDIT AND MONITORING REQUIREMENTS. 5 ARTICLE III - LOAN REPAYMENT ACCOUNT 8 3.01. LOAN DEBT SERVICE ACCOUNT. 8 3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS. 9 3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS. 9 3.04. ASSETS HELD IN TRUST. 9 ARTICLE IV - PROJECT INFORMATION 9 4.01. PROJECT CHANGES. 9 4.02. TITLE TO PROJECT SITE. 9 4.03. PERMITS AND APPROVALS. 9 4.04. ENGINEERING SERVICES. 10 4.05. PROHIBITION AGAINST ENCUMBRANCES. 10 4.06. COMPLETION MONEYS. 10 4.07. CLOSE-OUT. 10 4.08. LOAN DISBURSEMENTS. 10 ARTICLE V - RATES AND USE OF THE STORMWATER SYSTEM 5.01. RATE COVERAGE. 5.02. MAINTENANCE OF THE STORMWATER SYSTEM. 11 11 11 ARTICLE VI - DEFAULTS AND REMEDIES 12 6.01. EVENTS OF DEFAULT. 12 6.02. REMEDIES. 12 6.03. DELAY AND WAIVER. 13 ARTICLE VII - THE PLEDGED REVENUES 13 7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. 13 7.02. ADDITIONAL DEBT OBLIGATIONS. 14 ARTICLE VIII - GENERAL PROVISIONS 14 8.01. DISCHARGE OF OBLIGATIONS. 14 8.02. PROJECT RECORDS AND STATEMENTS. 14 8.03. ACCESS TO PROJECT SITE. 14 8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. 15 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 CLEAN WATER STATE REVOLVING FUND DESIGN AND CONSTRUCTION LOAN AGREEMENT CONTENTS PAGE 8.05. AMENDMENT OF AGREEMENT. 15 8.06. ANNULMENT OF AGREEMENT. 15 8.07. SEVERABILITY CLAUSE. 15 8.08. USE AS MATCHING FUNDS. 15 8.09. COMPLIANCE VERIFICATION. 15 8.10. AMERICAN IRON AND STEEL REQUIREMENT. 16 8.11. FISCAL SUSTAINABILITY PLAN (FSP). 16 ARTICLE IX - DESIGN AND CONSTRUCTION CONTRACTS AND INSURANCE 17 9.01. AUTHORIZATION TO AWARD DESIGN AND CONSTRUCTION CONTRACTS. 17 9.02. SUBMITTAL OF DESIGN AND CONSTRUCTION CONTRACT DOCUMENTS. 17 9.03. INSURANCE REQUIRED. 18 ARTICLE X - DETAILS OF FINANCING 18 10.01. PRINCIPAL AMOUNT OF LOAN. 18 10.02. LOAN SERVICE FEE. 18 10.03. FINANCING RATE. 19 10.04. LOAN TERM. 19 10.05. REPAYMENT SCHEDULE. 19 10.06. PROJECT COSTS. 20 10.07. SCHEDULE. 20 10.08. SPECIAL CONDITIONS. 20 ARTICLE XI - EXECUTION OF AGREEMENT 21 ii DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 CLEAN WATER STATE REVOLVING FUND CONSTRUCTION LOAN AGREEMENT SW132000 THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF MIAMI, FLORIDA, (Local Government) existing as a local governmental agency under the laws of the State of Florida. WITNESSETH: WHEREAS, pursuant to Section 403.1835, Florida Statutes, the Department is authorized to make loans to local government agencies to finance or refinance the construction of stormwater pollution control facilities, the planning and design of which have been reviewed by the Department; and WHEREAS, funding is provided from the State Revolving Fund program repayments and interest, which are Federally protected but which are subject to state audit requirements; and WHEREAS, the Local Government has made application for the financing of the Project, and the Department has determined that such Project meets all requirements for a loan. NOW, THEREFORE, in consideration of the Department loaning money to the Local Government, in the principal amount and pursuant to the covenants hereinafter set forth, it is agreed as follows: ARTICLE I - DEFINITIONS 1.01. WORDS AND TERMS. Words and terms used herein shall have the meanings set forth below: (1) "Agreement" or "Loan Agreement" shall mean this design and construction loan agreement. (2) "Authorized Representative" shall mean the official of the Local Government authorized by ordinance or resolution to sign documents associated with the Loan. (3) "Capitalized Interest" shall mean a finance charge that accrues at the Financing Rate on Loan proceeds from the time of disbursement until six months before the first Semiannual Loan Payment is due. Capitalized Interest is financed as part of the Loan principal. (4) "Depository" shall mean a bank or trust company, having a combined capital and unimpaired surplus of not less than $50 million, authorized to transact commercial banking or savings and loan business in the State of Florida and insured by the Federal Deposit Insurance Corporation. 1 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 (5) "Financing Rate" shall mean the charges, expressed as a percent per annum, imposed on the unpaid principal of the Loan. The Financing Rate shall consist of an interest rate component and a Grant Allocation Assessment rate component. (6) "Grant Allocation Assessment" shall mean an assessment, expressed as a percent per annum, accruing on the unpaid balance of the Loan. It is computed similarly to the way interest charged on the Loan is computed and is included in the Semiannual Loan Payment. The Department will use Grant Allocation Assessment moneys for making grants to financially disadvantaged small communities pursuant to Section 403.1835 of the Florida Statutes. (7) "Gross Revenues" shall mean Stormwater Utility Fees and all income and earnings received by the Local Government from the ownership or operation of its Stormwater System, including investment income, all as calculated in accordance with generally accepted accounting principles. Gross Revenues shall not include proceeds from the sale or other disposition of any part of the Stormwater System, condemnation awards or proceeds of insurance, except use and occupancy or business interruption insurance, received with respect to the Stormwater System. (8) "Loan" shall mean the amount of money to be loaned pursuant to this Agreement and subsequent amendments. (9) "Loan Application" shall mean the completed form which provides all information required to support obtaining design and construction loan financial assistance. (10) "Loan Debt Service Account" shall mean an account, or a separately identified component of a pooled cash or liquid account, with a Depository established by the Local Government for the purpose of accumulating Monthly Loan Deposits and making Semiannual Loan Payments. (11)"Loan Service Fee" shall mean an origination fee which shall be paid to the Department by the Local Government. (12) "Monthly Loan Deposit" shall mean the monthly deposit to be made by the Local Government to the Loan Debt Service Account. (13) "Operation and Maintenance Expense" shall mean the costs of operating and maintaining the Stormwater System determined pursuant to generally accepted accounting principles, exclusive of interest on any debt payable from Gross Revenues, depreciation, and any other items not requiring the expenditure of cash. (14) "Pledged Revenues" shall mean the specific revenues pledged as security for repayment of the Loan and shall be the Gross Revenues derived yearly from the operation of the Stormwater System after payment of the Operation and Maintenance Expense and the satisfaction of all yearly payment obligations on account of any senior obligations issued pursuant to Section 7.02 of this Agreement. (15) "Project" shall mean the works financed by this Loan and shall consist of furnishing all labor, materials, and equipment to construct the stormwater project in accordance with the 2 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 plans and specifications accepted by the Department for the "Wagner Creek/Seybold Canal Restoration" contract. The Project is in agreement with the planning documentation accepted by the Department effective October 27, 2014. A Florida Finding of No Significant Impact was published on April 4, 2014 and no adverse comments were received. (16) "Semiannual Loan Payment" shall mean the payment due from the Local Government to the Department at six-month intervals. (17) "Stormwater Utility Fees" shall mean the fees collected to cover the cost of operating and maintaining the City of Miami's Stormwater Management System. (18) "Stormwater System" shall mean all devices and facilities owned by the Local Government for the collection, transmission, detention, retention, treatment, and management of stormwater. 1.02. CORRELATIVE WORDS. Words of the masculine gender shall be understood to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural and the word "person" shall include corporations and associations, including public bodies, as well as natural persons. ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. The Local Government warrants, represents and covenants that: (1) The Local Government has full power and authority to enter into this Agreement and to comply with the provisions hereof. (2) The Local Government currently is not the subject of bankruptcy, insolvency, or reorganization proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance which would currently restrain or enjoin it from entering into, or complying with, this Agreement. (3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity, before any court or public body, pending or, to the best of the Local Government's knowledge, threatened, which seeks to restrain or enjoin the Local Government from entering into or complying with this Agreement. (4) All permits, real property interests, and approvals required as of the date of this Agreement have been obtained for construction and use of the Project. The Local Government knows of no reason why any future required permits or approvals are not obtainable. 3 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 (5) The Local Government shall undertake the Project on its own responsibility, to the extent permitted by law. (6) To the extent permitted by law, the Local Government shall release and hold harmless the State, its officers, members, and employees from any claim arising in connection with the Local Government's actions or omissions in its planning, engineering, administrative, and construction activities financed by this Loan or its operation of the Project. (7) All Local Government representations to the Department, pursuant to the Loan Application and Agreement, were true and accurate as of the date such representations were made. The financial information delivered by the Local Government to the Department was current and correct as of the date such information was delivered. The Local Government shall comply with Chapter 62-503, Florida Administrative Code, and all applicable State and Federal laws, rules, and regulations which are identified in the Loan Application or Agreement. To the extent that any assurance, representation, or covenant requires a future action, the Local Government shall take such action as is necessary for compliance. (8) The Local Government shall maintain records using generally accepted accounting principles established by the Governmental Accounting Standards Board. As part of its bookkeeping system, the Local Government shall keep accounts of the Stormwater System separate from all other accounts and it shall keep accurate records of all revenues, expenses, and expenditures relating to the Stormwater System, and of the Pledged Revenues, Loan disbursement receipts, and Loan Debt Service Account. (9) In the event the anticipated Pledged Revenues are shown by the Local Government's annual budget to be insufficient to make the Semiannual Loan Payments for such Fiscal Year when due, the Local Government shall include in such budget other legally available non -ad valorem funds which will be sufficient, together with the Pledged Revenues, to make the Semiannual Loan Payments. Such other legally available non -ad valorem funds shall be budgeted in the regular annual governmental budget and designated for the purpose provided by this Subsection, and the Local Government shall collect such funds for application as provided herein. The Local Government shall notify the Department immediately in writing of any such budgeting of other legally available non -ad valorem funds. Nothing in this covenant shall be construed as creating a pledge, lien, or charge upon any such other legally available non -ad valorem funds; requiring the Local Government to levy or appropriate ad valorem tax revenues; or preventing the Local Government from pledging to the payment of any bonds or other obligations all or any part of such other legally available non -ad valorem funds. (10) Each year, beginning three months before the first Semiannual Loan Payment and ending with the year during which the final Loan repayment is made, the Local Government's Authorized Representative or its chief financial officer shall submit, pursuant to the schedule established in Section 10.07, a certification that: (a) Pledged Revenue collections satisfy, on a pro rata basis, the rate coverage requirement; (b) the Loan Debt Service Account contains the funds required; and (c) insurance, including that issued through the National Flood Insurance Program authorized under 42 U.S.C. secs. 4001-4128 when applicable, in effect for the facilities generating the Pledged Revenues, adequately covers the customary risks to the extent that such insurance is available; and (d) any given year in which Loan funds are received, the Local DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Government shall submit certification that the revenue generation system is in conformance with 2.01(14) and Chapter 62-503.700(2)(h)3, Florida Administrative Code. (11) Pursuant to Section 216.347 of the Florida Statutes, the Local Government shall not use the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a State agency. (12)The Local Government agrees to construct the Project in accordance with the Project schedule. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of the Local Government are excepted. If for any reason construction is not completed as scheduled, there shall be no resulting diminution or delay in the Semiannual Loan Payment or the Monthly Loan Deposit. (13)The Local Government covenants that this Agreement is entered into for the purpose of constructing, refunding, or refinancing the Project which will in all events serve a public purpose. The Local Government covenants that it will, under all conditions, complete and operate the Project to fulfill the public need. (14) The Local Government shall update the revenue generation system annually to assure that sufficient revenues are generated for debt service; operation and maintenance; replacement of equipment, accessories, and appurtenances necessary to maintain the system design capacity and performance during its design life; and to make the system financially self- sufficient. 2.02. LEGAL AUTHORIZATION. Upon signing this Agreement, the Local Government's legal counsel hereby expresses the opinion, subject to laws affecting the rights of creditors generally, that: (1) This Agreement has been duly authorized by the Local Government and shall constitute a valid and legal obligation of the Local Government enforceable in accordance with its terms upon execution by both parties; and (2) This Agreement specifies the revenues pledged for repayment of the Loan, and the pledge is valid and enforceable. 2.03. AUDIT AND MONITORING REQUIREMENTS. The Local Government agrees to the following audit and monitoring requirements. Funds provided under this Agreement have been identified as second -tier monies under the Federal Clean Water Act which are identified as state funds whose use is federally protected. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 5 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 (1) The financial assistance authorized pursuant to this Loan Agreement consists of the following: State Resources Awarded to the Local Government Pursuant to this Agreement Consist of the Following Resources Subject to Section 215 97, F.S.: State Program Number Funding Source CSFA Number CSFA Title or Fund Source Description Funding Amount State Appropriation Category 140131 Original Agreement Wastewater Treatment and Stormwater Management TF 37.077 Wastewater Treatment Facility Construction $22,413,800 (2) Audits. (a) In the event that the Local Government expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Local Government, the Local Government must have a State single audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Local Government shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. (b) In connection with the audit requirements addressed in the preceding paragraph (a); the Local Government shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. (c) If the Local Government expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. The Local Government shall inform the Department of findings and recommendations pertaining to the State Revolving Fund in audits conducted by the Local Government in which the $500,000 threshold has not been met. In the event that the Local Government expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Local Government's resources obtained from other than State entities). (d) The Local Government is hereby advised that the Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. 6 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 For information regarding the Florida Catalog of State Financial Assistance (CSFA), a Local Government should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fLus/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. (e) The Local Government should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. (3) Report Submission. (a) Copies of financial reporting packages shall be submitted by or on behalf of the Local Government directly to each of the following: (i) The Department at the following address: Valerie Peacock, Audit Director Office of the Inspector General Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS 41 Tallahassee, Florida 32399-3123 (ii) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (iii) Copies of reports or management letters shall be submitted by or on behalf of the Local Government directly to the Department of Environmental Protection at the following address: Valerie Peacock, Audit Director Office of the Inspector General Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS 41 Tallahassee, Florida 32399-3123 (b) Any reports, management letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 (c) Local Governments, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Local Government in correspondence accompanying the reporting package. (4) Record Retention. The Local Government shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date of the final amendment, and shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Local Government shall ensure that working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date of the final amendment, unless extended in writing by the Department. (5) Monitoring. In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as revised monitoring procedures may include, but not be limited to, on -site visits by Department staff and/or other procedures. By entering into this Agreement, the Local Government agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the Local Government is appropriate, the Local Government agrees to comply with any additional instructions provided by the Department to the Local Government regarding such audit. The Local Government further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. ARTICLE III - LOAN REPAYMENT ACCOUNT 3.01. LOAN DEBT SERVICE ACCOUNT. The Local Government shall establish a Loan Debt Service Account with a Depository and begin making Monthly Loan Deposits no later than the date set forth for such action in Section 10.07 of this Agreement. Beginning six months prior to each Semiannual Loan Payment, the Local Government shall make six Monthly Loan Deposits. The first five deposits each shall be at least equal to one - sixth of the Semiannual Loan Payment. The sixth Monthly Loan Deposit shall be at least equal to the amount required to make the total on deposit in the Loan Debt Service Account equal to the Semiannual Loan Payment amount, taking into consideration investment earnings credited to the account pursuant to Section 3.02. Any month in which the Local Government fails to make a required Monthly Loan Deposit, the Local Government's chief financial officer shall notify the Department of such failure. In addition, the Local Government agrees to budget, by amendment if necessary, payment to the Department from other legally available non -ad valorem funds all sums 8 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 becoming due before the same become delinquent. This requirement shall not be construed to give superiority to the Department's claim on any revenues over prior claims of general creditors of the Local Government, nor shall it be construed to give the Department the power to require the Local Government to levy and collect any revenues other than Pledged Revenues. 3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS. Moneys on deposit in the Loan Debt Service Account shall be invested pursuant to the laws of the State of Florida. Such moneys may be pooled for investment purposes. The maturity or redemption date of investments shall be not later than the date upon which such moneys may be needed to make Semiannual Loan Payments. The investment earnings shall be credited to the Loan Debt Service Account and applied toward the Monthly Loan Deposit requirements. 3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS. The withdrawal of moneys from the Loan Debt Service Account shall be for the sole purpose of making the Semiannual Loan Payment or for discharging the Local Government's obligations pursuant to Section 8.01. 3.04. ASSETS HELD IN TRUST. The assets in all accounts created under this Loan Agreement shall be held in trust for the purposes provided herein and used only for the purposes and in the manner prescribed in this Agreement; and, pending such use, said assets shall be subject to a lien and charge in favor of the Department. ARTICLE IV - PROJECT INFORMATION 4.01. PROJECT CHANGES. Project changes prior to bid opening shall be made by addendum to plans and specifications. Changes after bid opening shall be made by change order. The Local Government shall submit all addenda and all change orders to the Department for an eligibility determination. After execution of all construction, equipment and materials contracts, the Project contingency may be reduced. 4.02. TITLE TO PROJECT SITE. The Local Government shall have an interest in real property sufficient for the construction and location of the Project free and clear of liens and encumbrances which would impair the usefulness of such sites for the intended use. 4.03. PERMITS AND APPROVALS. The Local Government shall have obtained, prior to the Department's authorization to award construction contracts, all permits and approvals required for construction of the Project or portion of the Project funded under this Agreement. 9 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 4.04. ENGINEERING SERVICES. A professional engineer, registered in the State of Florida, shall be employed by, or under contract with, the Local Government to oversee construction. 4.05. PROHIBITION AGAINST ENCUMBRANCES. The Local Government is prohibited from selling, leasing, or disposing of any part of the Stormwater System which would materially reduce operational integrity or Gross Revenues so long as this Agreement, including any amendment thereto, is in effect unless the written consent of the Department is first secured. 4.06. COMPLETION MONEYS. In addition to the proceeds of this Loan, the Local Government covenants that it has obtained, or will obtain, sufficient moneys from other sources to complete construction and place the Project in operation on, or prior to, the date specified in Article X. Failure of the Department to approve additional financing shall not constitute a waiver of the Local Government's covenants to complete and place the Project in operation. 4.07. CLOSE-OUT. The Department shall conduct a final inspection of the Project and Project records. Following the inspection, deadlines for submitting additional disbursement requests, if any, shall be established, along with deadlines for uncompleted Loan requirements, if any. Deadlines shall be incorporated into the Loan Agreement by amendment. The Loan principal shall be reduced by any excess over the amount required to pay all approved costs. As a result of such adjustment, the Semiannual Loan Payment shall be reduced accordingly, as addressed in Section 10.05. 4.08. LOAN DISBURSEMENTS. Disbursements shall be made only by the State Chief Financial Officer and only when the requests for such disbursements are accompanied by a Department certification that such withdrawals are proper expenditures. Disbursements shall be made directly to the Local Government for allowance costs and reimbursement of the incurred design and construction costs and related services. Disbursement of the allowance costs shall be made upon the Department's receipt of a disbursement request form. Up to seventy percent of the estimated allowance shall be disbursed after the Loan Agreement is signed. The remainder of the allowance shall be disbursed after all procurement contracts are executed and shall be adjusted to reflect as -bid costs. The entire estimated allowance may be disbursed after the Loan Agreement is signed if the local government agrees to an allowance adjustment after all contracts have been bid. Disbursements for materials, labor, or services shall be made upon receipt of the following: (1) A completed disbursement request form signed by the Authorized Representative. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. 10 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 (2) A certification signed by the Authorized Representative as to the current estimated costs of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Local Government is required to make such payments. (3) A certification by the engineer responsible for overseeing design and construction stating that equipment, materials, labor and services represented by the design and construction invoices have been satisfactorily purchased, or received, and applied to the Project in accordance with design and construction contract documents; stating that payment is in accordance with the design and construction contract provisions; stating that design and construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit. (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. ARTICLE V - RATES AND USE OF THE STORMWATER SYSTEM 5.01. RATE COVERAGE. The Local Government shall maintain rates and charges for the services furnished by the Stormwater System which will be sufficient to provide, in each Fiscal Year, Pledged Revenues equal to or exceeding 1.15 times the sum of the Semiannual Loan Payments due in such Fiscal Year. In addition, the Local Government shall satisfy the coverage requirements of all Senior Revenue Obligations and parity debt obligations. 5.02. MAINTENANCE OF THE STORMWATER SYSTEM. The Local Government shall operate and maintain the Stormwater System in a proper, sound and economical manner and shall make all necessary repairs, renewals and replacements. 5.03. ADDITIONS AND MODIFICATIONS. The Local Government may make any additions, modifications or improvements to the Stormwater System which it deems desirable and which do not materially reduce the operational integrity of any part of the Stormwater System. All such renewals, replacements, additions, modifications and improvements shall become part of the Stormwater System. 5.04. COLLECTION OF REVENUES. The Local Government shall use its best efforts to collect all rates, fees and other charges due to it. The Local Government shall establish liens on premises served by the Stormwater System for the amount of all delinquent rates, fees and other charges where such action is permitted by law. The Local Government shall use its best efforts to shut off water service furnished to persons who are delinquent beyond customary grace periods in the payment of Stormwater System rates, fees and other charges. 11 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 ARTICLE VI - DEFAULTS AND REMEDIES 6.01. EVENTS OF DEFAULT. Each of the following events is hereby declared an event of default: (1) Failure to make any Monthly Loan Deposit or to make any installment of the Semiannual Loan Payment when it is due and such failure shall continue for a period of 30 days. (2) Except as provided in Subsections 6.01(1) and 6.01(7), failure to comply with the provisions of this Agreement or failure in the performance or observance of any of the covenants or actions required by this Agreement and such failure shall continue for a period of 60 days after written notice thereof to the Local Government by the Department. (3) Any warranty, representation or other statement by, or on behalf of, the Local Government contained in this Agreement or in any information furnished in compliance with, or in reference to, this Agreement, which is false or misleading. (4) An order or decree entered, with the acquiescence of the Local Government, appointing a receiver of any part of the Stormwater System or Gross Revenues thereof; or if such order or decree, having been entered without the consent or acquiescence of the Local Government, shall not be vacated or discharged or stayed on appeal within 60 days after the entry thereof. (5) Any proceeding instituted, with the acquiescence of the Local Government, for the purpose of effecting a composition between the Local Government and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are payable from Gross Revenues of the Stormwater System. (6) Any bankruptcy, insolvency or other similar proceeding instituted by, or against, the Local Government under federal or state bankruptcy or insolvency law now or hereafter in effect and, if instituted against the Local Government, is not dismissed within 60 days after filing. (7) Failure of the Local Government to give immediate written notice of default to the Department and such failure shall continue for a period of 30 days. 6.02. REMEDIES. Upon any event of default and subject to the rights of others having prior liens on the Pledged Revenues, the Department may enforce its rights by any of the following remedies: (1) By mandamus or other proceeding at law or in equity, cause to establish rates and collect fees and charges for use of the Stormwater System, and to require the Local Government to fulfill this Agreement. DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 (2) By action or suit in equity, require the Local Government to account for all moneys received from the Department or from the ownership of the Stormwater System and to account for the receipt, use, application, or disposition of the Pledged Revenues. (3) By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the Department. (4) By applying to a court of competent jurisdiction, cause to appoint a receiver to manage the Stormwater System, establish and collect fees and charges, and apply the revenues to the reduction of the obligations under this Agreement. (5) By certifying to the Auditor General and the Chief Financial Officer delinquency on loan repayments, the Department may intercept the delinquent amount plus a penalty from any unobligated funds due to the Local Government under any revenue or tax sharing fund established by the State, except as otherwise provided by the State Constitution. The Department may impose a penalty in an amount not to exceed an interest rate of 18 percent per annum on the amount due in addition to charging the cost to handle and process the debt. Penalty interest shall accrue on any amount due and payable beginning on the 30th day following the date upon which payment is due. (6) By notifying financial market credit rating agencies and potential creditors. (7) By suing for payment of amounts due, or becoming due, with interest on overdue payments together with all costs of collection, including attorneys' fees. (8) By accelerating the repayment schedule or increasing the Financing Rate on the unpaid principal of the Loan to as much as 1.667 times the Financing Rate for a default under Subsection 6.01(1). 6.03. DELAY AND WAIVER. No delay or omission by the Department to exercise any right or power accruing upon event of default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised as often as may be deemed expedient. No waiver or any default under this Agreement shall extend to or affect any subsequent event of default, whether of the same or different provision of this Agreement, or shall impair consequent rights or remedies. ARTICLE VII - THE PLEDGED REVENUES 7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. From and after the effective date of this Agreement, the Department shall have a lien on the Pledged Revenues, which along with any other Department State Revolving Fund liens on the Pledged Revenues, on equal priority, will be prior and superior to any other lien, pledge or assignment with the following exception. All obligations of the Local Government under this Agreement shall be junior, inferior, and subordinate in all respects in right of payment and security to any additional senior obligations issued with the Department's consent pursuant to 13 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Section 7.02. Any of the Pledged Revenues may be released from the lien on such Pledged Revenues in favor of the Department if the Department makes a determination, based upon facts deemed sufficient by the Department, that the remaining Pledged Revenues will, in each Fiscal Year, equal or exceed 1.15 times the debt service coming due in each Fiscal Year under the terms of this Agreement. 7.02. ADDITIONAL DEBT OBLIGATIONS. The Local Government may issue additional debt obligations on a parity with, or senior to, the lien of the Department on the Pledged Revenues provided the Department's written consent is obtained. Such consent may be granted if the Local Government demonstrates at the time of such issuance that the Pledged Revenues, which may take into account reasonable projections of growth of the Stormwater System and revenue increases, plus revenues to be pledged to the additional proposed debt obligations will, during the period of time Semiannual Loan Payments are to be made under this Agreement, equal or exceed 1.15 times the annual combined debt service requirements of this Agreement and the obligations proposed to be issued by the Local Government and will satisfy the coverage requirements of all other debt obligations secured by the Pledged Revenues. ARTICLE VIII - GENERAL PROVISIONS 8.01. DISCHARGE OF OBLIGATIONS. All payments required to be made under this Agreement shall be cumulative and any deficiencies in any Fiscal Year shall be added to the payments due in the succeeding year and all years thereafter until fully paid. Payments shall continue to be secured by this Agreement until all of the payments required shall be fully paid to the Department. If at any time the Local Government shall have paid, or shall have made provision for the timely payment of, the entire principal amount of the Loan, and as applicable, Loan Service Fee, interest, and Grant Allocation Assessment charges, the pledge of, and lien on, the Pledged Revenues to the Department shall be no longer in effect. Deposit of sufficient cash, securities, or investments, authorized by law, from time to time, may be made to effect defeasance of this Loan. However, the deposit shall be made in irrevocable trust with a banking institution or trust company for the sole benefit of the Department. There shall be no penalty imposed by the Department for early retirement of this Loan. 8.02. PROJECT RECORDS AND STATEMENTS. Books, records, reports, engineering documents, contract documents, and papers shall be available to the authorized representatives of the Department for inspection at any reasonable time after the Local Government has received a disbursement and until five years after the final amendment date. 8.03. ACCESS TO PROJECT SITE. The Local Government shall provide access to Project sites and administrative offices to authorized representatives of the Department at any reasonable time. The Local Government 14 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 shall cause its engineers and contractors to cooperate during Project inspections, including making available working copies of plans and specifications and supplementary materials. 8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The Department may assign any part of its rights under this Agreement after notification to the Local Government. The Local Government shall not assign rights created by this Agreement without the written consent of the Department. 8.05. AMENDMENT OF AGREEMENT. This Agreement may be amended in writing, except that no amendment shall be permitted which is inconsistent with statutes, rules, regulations, executive orders, or written agreements between the Department and the U.S. Environmental Protection Agency. This Agreement may be amended after all design and construction contracts are executed to re- establish the Project cost, Loan amount, Project schedule, and Semiannual Loan Payment amount. A final amendment establishing the final Project costs and the Loan Service Fee based on actual Project costs shall be completed after the Department's final inspection of the Project records. 8.06. ANNULMENT OF AGREEMENT. The Department may unilaterally annul this Agreement if the Local Government has not drawn any of the Loan proceeds within eighteen months after the effective date of this Agreement. If the Department unilaterally annuls this Agreement, the Department will provide written notification to the Local Government. 8.07. SEVERABILITY CLAUSE. If any provision of this Agreement shall be held invalid or unenforceable, the remaining provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 8.08. USE AS MATCHING FUNDS. The U.S. Environmental Protection Agency has provided a class deviation from the provisions of 40 CFR 35.3125(b)(1) to allow these second tier funds to be used as local matching requirements for most EPA grant funded treatment works projects, including special Appropriations Act projects. 8.09. COMPLIANCE VERIFICATION. (1) The Local Government shall periodically interview 10% of the work force entitled to Davis -Bacon prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. Local Governments shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. As provided in 29 CFR 5.6(a)(5) all interviews must be conducted in confidence. The Local Government must use 15 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (2) The Local Government shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The Local Government shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with Davis -Bacon posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date of the contract or subcontract. Local Governments must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with Davis -Bacon. In addition, during the examinations the Local Government shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (3) The Local Government shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor (DOL) or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of laborers, trainees, and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in items (1) and (2) above. (4) Local Governments must immediately report potential violations of the Davis -Bacon prevailing wage requirements to the EPA Davis -Bacon contact Sheryl Parsons at Parsons.Sheryl@epamail.epa.gov and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/whd/america2.htm. 8.10. AMERICAN IRON AND STEEL REQUIREMENT. The Local Government's subcontracts must contain requirements that all of the iron and steel products used in the Project are in compliance with the American Iron and Steel Requirement as described in H. R. 3547, "Consolidated Appropriations Act, 2014" unless the Local Government has obtained a waiver pertaining to the Project or the Department has advised the Local Government that the requirement is not applicable to the Project. 8.11. FISCAL SUSTAINABILITY PLAN (FSP). The 2014 amendments to the Federal Water Pollution Control Act (FWPCA) require a recipient of a Loan for a project that involves the repair, replacement, or expansion of a treatment works to develop and implement a Fiscal Sustainability Plan (FSP) or certify that it has developed and implemented such a plan. Under Section 603(d)(1)(E0(i) of that act, the Local Government shall (i) develop and implement a Fiscal Sustainability Plan that includes: an inventory of critical assets that are a part of the treatment works; an evaluation of the condition and performance of inventoried assets or asset groupings; a certification that the recipient has evaluated and will be implementing water 16 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 and energy conservation efforts as part of the plan; and a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities; or (ii) certify that the recipient has developed and implemented a plan that meets the requirements under (i). At a minimum, the FSP shall include: an inventory of critical assets that are part of the Project funded by this agreement; an evaluation of the condition and performance of these assets; a certification that the assistance recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities. A FSP certification is a certification by the Local Government that the FSP has been developed and is being implemented. For systems that self -certify under Section 603(d)(1)(E)(ii), certification is due at the time of loan closing. For systems developing an FSP under Section 603(d)(1)(E)(i), the requirement to develop and implement an FSP is a condition of the Loan Agreement and is due before the final disbursement is approved. ARTICLE IX - DESIGN AND CONSTRUCTION CONTRACTS AND INSURANCE 9.01. AUTHORIZATION TO AWARD DESIGN AND CONSTRUCTION CONTRACTS. The following documentation is required to receive the Department's authorization to award construction contracts: (1) Proof of advertising. (2) Award recommendation, bid proposal, and bid tabulation (certified by the responsible engineer). (3) Certification of compliance with the conditions of the Department's approval of competitively or non -competitively negotiated procurement, if applicable. (4) Certification Regarding Disbarment, Suspension, Ineligibility and Voluntary Exclusion. (5) Assurance that the Local Government and contractors are in compliance with Section 1606 with labor standards, including prevailing wage rates established for its locality by the U.S. Department of Labor under the Davis -Bacon Act for Project construction. (6) Certification that all procurement is in compliance with Section 8.10 which states that all iron and steel products used in the Project must be produced in the United States unless (a) a waiver is provided to the Local Government by the Environmental Protection Agency (EPA) or (b) compliance would be inconsistent with United States obligations under international agreements. 9.02. SUBMITTAL OF DESIGN AND CONSTRUCTION CONTRACT DOCUMENTS. After the Department's authorization to award design and construction contracts has been received, the Local Government shall submit: 17 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 (1) Contractor insurance certifications. (2) Executed Contract(s). (3) Notices to proceed with design and construction. 9.03. INSURANCE REQUIRED. The Local Government shall cause the Project, as each part thereof is certified by the engineer responsible for overseeing design and construction as completed, and the Stormwater System (hereafter referred to as "Revenue Producing Facilities") to be insured by an insurance company or companies licensed to do business in the State of Florida against such damage and destruction risks as are customary for the operation of Revenue Producing Facilities of like size, type and location to the extent such insurance is obtainable from time to time against any one or more of such risks. The proceeds of insurance policies received as a result of damage to, or destruction of, the Project or the other Revenue Producing Facilities, shall be used to restore or replace damaged portions of the facilities. If such proceeds are insufficient, the Local Government shall provide additional funds to restore or replace the damaged portions of the facilities. Repair, construction or replacement shall be promptly completed. ARTICLE X - DETAILS OF FINANCING 10.01. PRINCIPAL AMOUNT OF LOAN. The estimated principal amount of the Loan is $22,413,800, which consists of $22,413,800 to be disbursed to the Local Government and $0 of Capitalized Interest. Capitalized Interest is not disbursed to the Local Government, but is amortized via periodic Loan repayments to the Department as if it were actually disbursed. Capitalized Interest is computed at the Financing Rate, or rates, set for the Loan. It accrues and is compounded annually from the time when disbursements are made until six months before the first Semiannual Loan Payment is due. Capitalized Interest is estimated prior to establishing the schedule of actual disbursements. 10.02. LOAN SERVICE FEE. The Loan Service Fee is estimated as $448,276 for the Loan amount authorized to date. The fee represents two percent of the Loan amount excluding Capitalized Interest amount; that is, two percent of $22,413,800. The Loan Service Fee is estimated at the time of execution of the loan agreement and shall be revised with any increase or decrease amendment. The Loan Service Fee is based on actual Project costs and assessed in the final loan amendment. The Local Government shall pay the Loan Service Fee from the first available repayment(s) following the final amendment. 18 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Capitalized Interest is computed on the assessed Loan Service Fee at the Financing Rate, or rates and included in the final amendment. It accrues and is compounded annually from the final amendment date until six months before the first Semiannual Loan Payment is due. 10.03. FINANCING RATE. The Financing Rate on the unpaid principal of the Loan amount specified in Section 10.01 is 0.00 percent per annum. The Financing Rate equals the sum of the interest rate and the Grant Allocation Assessment Rate. The interest rate is 0.00 percent per annum and the Grant Allocation Assessment rate is 0.00 percent per annum. However, if this Agreement is not executed by the Local Government and returned to the Department before October 1, 2015 the Financing Rate may be adjusted. A new Financing Rate shall be established for any funds provided by amendment to this Agreement. 10.04. LOAN TERM. The Loan shall be repaid in 40 Semiannual Loan Payments. 10.05. REPAYMENT SCHEDULE. The Semiannual Loan Payment shall be computed based upon the principal amount of the Loan plus the estimated Loan Service Fee and the principle of level debt service. The Semiannual Loan Payment amount may be adjusted, by amendment of this Agreement, based upon revised information. After the final disbursement of Loan proceeds, the Semiannual Loan Payment shall be based upon the actual Project costs, the actual Loan Service Fee and Loan Service Fee capitalized interest, if any, and actual dates and amounts of disbursements, taking into consideration any previous payments. Actual Project costs shall be established after the Department's inspection of the completed Project and associated records. The Department will deduct the Loan Service Fee and any associated interest from the first available repayments following the final amendment. Each Semiannual Loan Payment shall be in the amount of $571,552 until the payment amount is adjusted by amendment. The interest and Grant Allocation Assessment portions of each Semiannual Loan Payment shall be computed, using their respective rates, on the unpaid balance of the principal amount of the Loan, which includes Capitalized Interest. Interest (at the Financing Rate) also shall be computed on the estimated Loan Service Fee. The interest and Grant Allocation Assessment on the unpaid balance shall be computed as of the due date of each Semiannual Loan Payment. Semiannual Loan Payments shall be received by the Department beginning on October 15, 2017 and semiannually thereafter on April 15 and October 15 of each year until all amounts due hereunder have been fully paid. Funds transfer shall be made by electronic means. The Semiannual Loan Payment amount is based on the total amount owed of $22,862,076, which consists of the Loan principal and the estimated Loan Service Fee. DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 10.06. PROJECT COSTS. The Local Government and the Department acknowledge that the actual Project costs have not been determined as of the effective date of this Agreement. Project cost adjustments may be made as a result of construction bidding or mutually agreed upon Project changes. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. If the Local Government receives other governmental financial assistance for this Project, the costs funded by such other governmental assistance will not be financed by this Loan. The Department shall establish the final Project costs after its final inspection of the Project records. Changes in Project costs may also occur as a result an audit. The Local Government agrees to the following estimates of Project costs: PROJECT COSTS CATEGORY COST($) Construction and Demolition 18,808,000 Contingencies 1,880,800 Technical Services After Bid Opening 1,725,000 SUBTOTAL (Disbursable Amount) 22,413,800 Capitalized Interest 0 TOTAL (Loan Principal Amount) 22,413,800 10.07. SCHEDULE. The Local Government agrees by execution hereof: (1) Completion of Project construction is scheduled for April 15, 2017. (2) The Loan Debt Service Account shall be established and Monthly Loan Deposits shall begin no later than April 15, 2017. (3) The initial annual certification required under Subsection 2.01(10) of this Agreement shall be due July 15, 2017. Thereafter the certification shall be submitted no later than September 30 of each year until the final Semiannual Loan Payment is made. (4) The first Semiannual Loan Payment in the amount of $571,552 shall be due October 15, 2017. 10.08. SPECIAL CONDITIONS. Prior to any funds being released, the Local Government shall submit the following: (1) A certified copy of the Resolution which authorizes the application, establishes the Pledged Revenues, and designates an Authorized Representative for signing the application and executing the Loan Agreement; and (2) A Legal Opinion addressing the availability of Pledged Revenues, the right to increase rates, and subordination of the pledge. DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 ARTICLE XI - EXECUTION OF AGREEMENT This Loan Agreement SW132000 shall be executed in two or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed on its behalf by the Secretary or Designee and the Local Government has caused this Agreement to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this Agreement shall be as set forth below by the Department. SEAL Approved for C Y OF MIAMI Daniel ty Manager Attest: 0 £.Tnnlrt, City Clerk est`to the opinion expressed in Section 2.02, entit d Legal A hori . loll. Victo a Mendez, City • ttorney Requirements: Approved as o Loan Documents: Anne -Marie Sharpe Director, Risk Management department And Jose for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Fernando Casamayor, Chief Financial Officer z, Finance Director Secretary or Designee 21 Date DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 City of Miami File Summary Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15-00733 Introduced: 6/3/15 Type: Resolution Status: Passed Final Action: 7/9/15 Controlling Body: Office of the City Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROVIDING FOR A DESIGN AND CONSTRUCTION LOAN OF NOT TO EXCEED TWENTY-TWO MILLION, FOUR HUNDRED THIRTEEN THOUSAND, EIGHT HUNDRED DOLLARS ($22,413,800.00) AT A ZERO PERCENT (0%) INTEREST RATE (COLLECTIVELY, "LOAN") TO THE CITY OF MIAMI ("CITY") FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEPARTMENT") CLEAN WATER STATE REVOLVING FUND PROGRAM ("PROGRAM") FOR THE WAGNER CREEK/SEYBOLD CANAL PROJECT SW132000 (COLLECTIVELY, "PROJECT"), WITH FORTY (40) SEMI-ANNUAL LOAN PAYMENTS BEGINNING ON OR ABOUT OCTOBER 15, 2017; FURTHER AUTHORIZING A LOAN SERVICE FEE OF NOT TO EXCEED FOUR HUNDRED FORTY-EIGHT THOUSAND, TWO HUNDRED AND SEVENTY SIX DOLLARS ($448,276.00) TO BE PAID ON OR ABOUT OCTOBER 15, 2017, BY THE CITY FOR THE LOAN THROUGH THE PROGRAM; MAKING CERTAIN FINDINGS AND DETERMINATIONS; RATIFYING, APPROVING AND CONFIRMING THE CITY'S AMENDED LOAN APPLICATION; AUTHORIZING AND DESIGNATING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND DELIVER THE LOAN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LOAN AGREEMENT"); FURTHER AUTHORIZING AND DESIGNATING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND DELIVER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION WITH THE LOAN AND THE LOAN AGREEMENT FOR THE PROJECT; SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF THE LOAN AND THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AND AUTHORIZING THE CITY MANAGER, THE CITY ATTORNEY, AND ALL OTHER NECESSARY CITY REPRESENTATIVES TO UNDERTAKE ALL OTHER ACTIONS IN CONNECTION HEREWITH FOR THE CITY'S COMPLIANCE WITH THE PROGRAM'S REQUIREMENTS; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. City of Miami Page 1 Printed on 9/1/2022 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS (OCI) CONSULTANT STANDARD INVOICE To: City of Miami Office of Capital Improvements (OCI) 444 SW 2nd Avenue - 8th Floor Miami, FL 33130 Invoice Number. CH2072922-F ATTN: Jose Lago, P.E. Invoice Date: Auguat 10, 2022 Page: From: CH2M HILL Constructors. Inc.From: To Dept. 1485 Invoice Period: January 29, 2021 29, 2022 Denver, CO 80291-1485 Contract No.: B-50643_ Contract Title: Wagner Creek/Seyboki Canal Dredging Project No.: B-50643 NOTE: ' Project Name: Wagner Creek/Seybok) Canal rnvoioes "'calved pest 2:00 PM will be stamped with the Next Business Date Prepare Invoices properly to avoid payment delay. Each invoice must be signed by a Pnnopal of the firm as designated. Purchase Order No.: 2102766 Attach appropriate bade -up documents to each Invoice. Work Order No: SERVICE CONTRACT AMOUNT % COMPLETE TOTAL EARNED TO DATE PREVIOUSLY INVOICED CURRENT INVOICE AMOUNT $ $ - $ - $ - Teak 01 - Project Planning and Support $ 42,714.10 95 iL $ 40,451.50 $ 38,995.00 $ 1,456.50 Task 02 - Services During Construction $ 601,246 100% $ 603 627.49 $ 80877.49 $ - _ _ _ Task 03 - Allowance for Water Semplirty $ 0 00— _$ - $ - Task 04 - Allowance for Risk Assessment $ 0.00 $ - I $ - $ - Task 0 - nee Or an arm O00 _ _ 3 $ - $ - Teak06-AllowenceforAddnal Services dto $ 10,18986 99% $ 10,062.021 $ 10,062.02 - $$ - $ - $ - r$ - $ - $ - , $ - I $ - $ $ $ - -$ - - s $ - $ - $ - '8 - $ - $ - $ - s - Reimbursable Expenses $ - $ - $ - $ 1. (Tide) $ - $ - $ - $ - 2 (Title) $ - $ - $ - S - 3. (Tide) $ - $ - $ - s - $ - $ - $ - $ - Additional Services _ $ $ - $ - $ - 1. (Title) $ - $ - $ - S - _ 2. (Tide) $ - $ - $ - $ - 3. (Tide) $ - $ - $ - S - $ - $ - $ - $ - TOTAL: $ 654,150.00 $ 654,141.01 $ 662,684.51 $ 1,456.50 Subtotal: $ 1,456.50 Prior to thla Invoice Remaining Contract Balance: $ 1,465.49 Deductions: Total Due : $ 1,456.50 TO BE COMPLETED BY CONSULTANT- IRM- CERTIFI TRUE AND CORRECT BY: SUPPORTING DOCUMENTS CHECKLIST: ActivationrbLetter or Phase being rInvoiced: Supporting for (Report A Construction �j(/{q,f �✓Ji.0 Construction Status Report .1 (Signature or Principal) Final Payment Documents: Additional Service Authorizations: Daniel M. TOMCZC ) Pt, .1 I. Mcr14.eief. (Type Name and Title of Pnnopal) AREA TO BE COMPLETED BY CITY OF MIAMI CITY OF MIAMI APPROVAL: DATE SIGNATURE Date Received CIP Jose Lago. P.E. PROJECT MANAGER CHIEF PROJECT MANAGER Date Received for Payment Processing (Budget Department) ASSISTANT DIRECTOR DIRECTOR Date Implemented 8.0i08 Date Revised' September 2021 Form 106 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 cH?nx• CH2M HILL Constructors, Inc. 3150 SW 38 Avenue, Suite 700 Miami, FL 33146 City of Miami Finance - General Accounting 444 SW 2nd Ave, 6th Floor Miami, Florida 33130 Please Remit Payment To: CH2M HILL Constructors, Inc. Dept. 1485 Denver, CO 80291-1485 Date: 8/10/2022 Purchase Order No.: 2102766 Invoice No.: CH2072922-F Project No.: WAGCRK21 Period Ending: 7/29/2022 SUMMARY OF ACTIVITIES CH2M HILL staff performed the following activities: Task 01 - Project Planning and Support • Discussion with project delivery and project accounting on the transfer of tasks from WAGCRK21 to 650820CH • Discussions with City (OCI, legal, and finance) on the use of the old PO #1500743 to cover additional construction oversight costs, surface water sampling, risk assessment, and embankment design • Internal discussion on the embankment design in OS-1 Task 02 - Services During Construction • N/A Task 03 - Allowance for Water Sampling • N/A Task 04 - Allowance for Risk Assessment • N/A Task 05 - Allowance for Design and Permitting • N/A Task 06 - Allowance for Additional Services • N/A This invoice covers the period between January 29, 2022 through July 29, 2022. DUE AND PAYABLE ON RECEIPT OF INVOICE. FINANCE CHARGES WILL BE ASSESSED AT 1 V2 PERCENT PER M ONTH (OR MAXIMUM PERMISSIBLE UNDER STATE LAW) ON ALL ACCOUNTS OVERDUE UNLESS STATED OTHERWISE IN OUR CONTRACT. CH2M HILL IS INCORPORATED. Page 2 of 4 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 C4124w CH2M HILL Constructors, Inc. 3150 SW 38 Avenue, Suite 700 Miami, FL 33146 City of Miami Finance - General Accounting 444 SW 2nd Ave, 6th Floor Miami, Florida 33130 Please Remit Payment To: CH2M HILL Constructors, Inc. Dept. 1485 Denver, CO 80291-1485 Date: 8/10/2022 Purchase Order No.: 2102766 Invoice No.: CH2072922-F Project No.: WAGCRK21 Period Ending: 7/29/2022 INVOICE Design services for Dredging services for Wagner Creek / Seybold Canal This invoice covers the period between January 29, 2022 through July 29, 2022. TASK 01 — PROJECT PLANNING AND SUPPORT LABOR EMPLOYEE JOB CLASSIFICATION MCMANUS, ELLEN G. TOMCZAK, DANIEL M (DANIEL) RAMOS, JOSE ANTONIO (JOSE) MCRAE, JENNIFER EMILY (JENNIF Project Controls EXPENSES DESCRIPTION Technical Advisor Project Manager Geotechnical Manager SUBTOTAL LABOR WORK COMPLETE SUBTOTAL EXPENSES TOTAL TASK 01 HOURS 0.25 6.75 1.00 0.25 RATE AMOUNT 218.60 175.72 174.88 163.44 54.65 1,186.11 174.88 40.86 $ 1,456.50 AMOUNT $ 1,456.50 TASK 02 — SERVICES DURING CONSTRUCTION LABOR EMPLOYEE JOB CLASSIFICATION SUBTOTAL LABOR EXPENSES DESCRIPTION WORK COMPLETE SUBTOTAL EXPENSES TOTAL TASK 02 HOURS RATE AMOUNT AMOUNT TASK 03 — ALLOWANCE FOR WATER SAMPLING WORK COMPLETE TOTAL TASK 03 TASK 04 — ALLOWANCE FOR RISK ASSESSMENT Page 3 of 4 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 WORK COMPLETE TOTAL TASK 04 $ TASK 05 - ALLOWANCE FOR DESIGN AND PERMITTING LABOR EMPLOYEE JOB CLASSIFICATION HOURS RATE AMOUNT EXPENSES DESCRIPTION SUBTOTAL LABOR $ WORK COMPLETE AMOUNT SUBTOTAL EXPENSES $ TOTAL TASK 05 $ TASK 06 - ALLOWANCE FOR ADDITIONAL SERVICES WORK COMPLETE TOTAL TASK 06 $ TOTAL AMOUNT DUE $ 1,456.50 One Time PO Fee: $ 654,150.00 Less: Amount Billed To Date: $ 654,141.01 Remaining Balance: $ 8.99 DUE AND PAYABLE ON RECEIPT OF INVOICE. FINANCE CHARGES WILL BE ASSESSED AT 1112 PERCENT PER MONTH (OR MAXIMUM PERMISSIBLE UNDER STATE LAW) ON ALL ACCOUNTS OVERDUE UNLESS STATED OTHERWISE IN OUR CONTRACT. CH2M HILLIS INCORPORATED . Page 4 of 4 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 March 18, 2021 Mr. Daniel M. Tomczak CH2M HILL Constructors, Inc. 111 Corning Road, Ste. 200 Cary, NC 27518 eitp of fIlliarni NOTICE TO PROCEED ARTHUR NORIEGA, V City Manager RE: B-50643, Construction Support Services Wagner Creek and Seybold Canal Waterways Restoration Project Amount: $654,150.00 PO No. 2102766 Dear Mr. Tomczak: This letter serves as official notice for you to proceed with the work for the above referenced project in accordance with your executed Amendment No. 3 to the contract agreement for dredging related construction support services for Wagner Creek and Seybold Canal Waterways Restoration Project dated January 26, 2021 and authorized by the City of Miami Legislation Resolution R-20-0184. You are hereby authorized to commence on March 22, 2021 for the services per the attached enclosure Consultant Work Order Proposal. The total duration for these services is fifty-two (52) working weeks from the authorized date of the NTP. Please be certain to have a copy of this NTP accompany your invoice when it is submitted. A copy of the Purchase Order will be forwarded to you by the City of Miami Purchasing Department. Should you have any questions concerning this project, please contact the Project Manager, Jose L. Lago, PE, CFM at (305) 416-1252 or email jllago@miamigov.com Sincerely, Jorge IaMora Assistant Director Enclosure: Consultant Work Order Proposal (dated December 23, 2020) cc: Jose L. Lago, PE, CFM, Sr. Project Manager, Office of Capital Improvements Robert Fenton, Sr. Construction Manager, Office of Capital Improvements OFFICE OF CAPITAL IMPROVEMENTS 444 SW 2nd Avenue, 8`h Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Visit our website for business opportunities at: www.miamigov.com/procurement c‘' Sk + , o 9 ocoyFi °F 4'��, i ^ �?-S' ,, MHO * , „ „ e ; 0 - 4• Clt Of Mlallll Y Purchase Order Department of Purchasing P.O. Box 330708 Miami, Florida 33233-0708 (305) 416-1922 Fax - (305) 416-1925 PURCHASE ORDER/RELEASE NUMBER 2102766 Show this number on all packages, invoices, and shipping papers. Change Number 0 Change Date Page No. 1 of 2 Order Date 02/26/2021 Bid/Contract Number Buyer: Luis Perez-Codina ,,,. _ Taxpayer ID Supplier No. Telephone No. City of Miami - Office of Management and Budget 2nd Ave., 5th Floor FL 33130 841230545 13075 0 2 444 SW CH2M Hill Constructors Inc. 3150 SW 38th Avenue Suite 700 Miami, FL 33146 Miami, rn City of 0 444 SW H Miami, Miami - 2nd Ave, FL 33130 416-1987 Finance - 6th Floor Email a copy General Accounting - payables@miamigov.com above. Customer Account Number m Fax - (305) Please also forward of the invoice to the Ship To address Effective Start Date Effective End Date Total Agreement Limit Line Commodity Code Description/Delivery Date Qty Unit Unit Price Extended Price 1 96258-00 Dredging Services for Wagner Creek/Seybold Canal per Amendment No. 3;650643 654150 Dollar 1.00 654,150.00 Total Amount: Amendment No. 3 to RFP 15-16-030 Pursuant to Resolution R-20-0184 654,150.00 FOB: Destination Requisition Number: 233567 Vendor Instructions 1. Florida Tax Exempt ID: Ship Via: Department: 231000 - Office of Management and Budget 2. Invoices: Direct Invoices in Duplicate to the address shown above. 3. Terms and conditions set forth in our Bid or Quotation and on the Payment Terms: Net 30 Contact Person: Alcala, Daniel reverse side hereof are incorporated herein by reference become part of this order Telephone Number: 305 416-1513 02/26/2021 Annie Perez, CPPO, Director of Procurement Date Appnwed C FN/PC 506 Rev. 12/05 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 chzsw CONSULTANT WORK ORDER PROPOSAL Wagner Creek/Seybold Canal Restoration Project Date: December 23, 2020 Dear Mr. Hector L. Badia: CH2M 3150 SW 38th Avenue Suite 700 Miami, FL 33146 Tel 305 441-1864 Fax 305 443-8856 CH2M HILL Constructors, Inc. (CH2M) proposes to provide the consulting and engineering support services identified below for the project entitled "B-50643, Wagner Creek and Seybold Canal Restoration Project" for the City of Miami Office of Capital Improvements. I. GENERAL Wagner Creek, which merges into Seybold Canal, is a tributary of the Miami River and receives stormwater runoff from the surrounding C-6 Basin of the Miami, Florida metropolitan area. The Wagner Creek/Seybold Canal system is a 303(d) listed water body that has a high concentration of pollutants. Historical stormwater discharge into Wagner Creek and Seybold Canal has resulted in elevated sediment concentrations of dioxins, total polycyclic aromatic hydrocarbons (PAHs), and metals. Wagner Creek is an important part of the Miami River water system and removal of the contaminated sediment ultimately benefits Miami's local communities and south Florida's natural aquatic resources. The first phase of the dredging of Wagner Creek and Seybold Canal was completed in 2017- 2018 and involved removal of contaminated sediments, resulting in improved conveyance of drainage and improved navigation. Dredging activities began at the upstream extent of Wagner Creek (where the creek exits a culvert system at NW 20' Street) and continued downstream to where Seybold Canal discharges into the Miami River. CH2M provided engineering and construction inspection support during the first phase of the dredging, as well as with post - dredging water sampling and reporting and other project support services for the City of Miami (City). As established in the Miami -Dade County Regulatory and Economic Resources Department — Environmental Monitoring and Restoration Division (DERM) Class 1 Construction Permit (2008- CLI-PER-00248) for the Wagner Creek/Seybold Canal restoration activities, all sediment materials capable of being dredged are to be removed. However, during the sediment removal activities in 2017-2018, the sediment materials under bridges and in culverts along Wagner Creek were left in place, including the bridges at NW 14th Avenue, NW 16' Street, NW 15th Street, and NW 11' Street and the culverts under NW 14th Street and Highway 836. The Corrective Action Plan (CAP) 2 discusses the use of engineering controls, such as backfilling/capping, matting, or removal, should residual sediment material within the excavation limits of the Operational Sections not be removed. However, the City plans to remove the remaining sediment materials under the bridges and in culverts along the length of Wagner Creek. Following removal of the sediment materials under the bridges and in culverts, a risk analysis will be completed to evaluate human health and ecological risk from the residual materials remaining in Wagner Creek and Seybold Canal. LEGAL ENTITY (IF APPLICABLE) DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Mr. Jose Lago Page 6 December 23, 2020 by federal, provincial and municipal proclamations/declarations regarding shelter in place and/or business closures. Based on the foregoing, this proposal, including the schedule of activities, is contingent on being able to appropriately and safely staff and perform (including travel), in light of the COVID-19 outbreak. V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total fee of six hundred fifty four thousand one hundred fifty dollars and zero cents ($654,150.00). The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee for each task includes an allowance for reimbursable expenses required in connection with the work, including travel, lodging, meals, materials, supplies and other project related expenses. Said reimbursable expenses shall be used in accordance with the Agreement Provisions. SUMMARY OF COMPENSATION* Task, Sub - task, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis 01 Project Planning and Support $42,714.10 Hourly Rate, Not to Exceed 02 Services During Construction $496,448.14 Hourly Rate, Not to Exceed 03 Allowance for Water Sampling $26,442.20 Hourly Rate, Not to Exceed 04 Allowance for Risk Assessment $39,614.00 Hourly Rate, Not to Exceed 05 Allowance for Design and Permitting $34,141.70 Lump Sum, Not to Exceed 06 Allowance for Additional Services $10,189.86 Limiting Amount, Not to Exceed Subconsultant — Environmental Testing Lab $4, 600.00 Limiting Amount, Not to Exceed TOTAL $654,150.00 *Note: Compensation should match the Task, Activities, and/or Deliverables identified. VI. ADDITIONAL SERVICES The City may establish an allowance for additional project services (Sub -Task 06.AS) for work as requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the City, where available: Right-of-way maps, historical environmental sampling reports, as-builts of bridges along Wagner Creek DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Tomczak, Daniel/RAL From: Lago, Jose <JLLago@miamigov.com> Sent: Friday, July 30, 2021 6:21 PM To: Tomczak, Daniel/RAL; Mora, Jorge; Jackson, Robin Jones; Velez, Pablo; Perez-Codina, Luis; McGinnis, Lai -Wan Cc: Badia, Hector; Marquez, Giraldo; Alban, Xavier E.; Paschal, Erica; Ponassi Boutureira, Fernando; Fenton, Robert; Basile, Melania; Pannu, Gurinderjit Subject: [EXTERNAL] RE: M&IE for Wagner Creek , B-50643 Attachments: PO_81_2102766_0_US.pdf Good evening Daniel, I have discussed the meal and incidental expenses (M&IE) per diem rate with OCI senior leadership yesterday. Per the email information below you are approved to use the M&IE per diem rate of $50/day/person for meal and incidental expenses (M&IE) for the subject project PO number 2102766. For reference I have attached the Purchase Order. I am providing additional information below regarding the approved per diem request for the Wagner Creek project: • The M&IE per diem rate of $50/day/person for M&IE. Meals would include breakfast, lunch, and dinner. • The requested rate of $50/day/person is lower than the GSA rate (for the Miami area) as well as the average rate for the rates published in the Runzheimer Report (for the Miami area). In addition, this is the same rate as what was requested and approved by the City for the Wagner Creek field activities in 2017-18. • Per diem would only be expensed for field staff who are working on the project and are from out of town. There is 1 field staff (Joseph Hambrick) who would expense a per diem (but could be up to 2 field staff if a rotation is needed in the schedule and other staff come from out of town). • The per diem rate would only be charged under the Task 02 —Services During Construction as discussed in the Work Order Proposal. • With the current schedule of 6 days/week, 6 months of dredging oversight plus 2 weeks of oversight of set- up/mobilization and 2 weeks of oversight of breakdown/demobilization (for a total of 7 months), the total per diem charges (at $50/day/person) would be $8,400 over the 7 months of field activities. The per diem charges will be included in the overall budget for Task 02 of $496,448.14. Should you have any questions please contact me. Thanks. Team, Should you have any questions and/or comments please provide them to me by next Friday, August 6, 2021. Thanks. Regards, Jose OCI Jose L. Lago, P.E., CFM Senior Project Manager City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor 1 DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Tomczak, Daniel/RAL From: Lago, Jose <JLLago@miamigov.com> Sent: Tuesday, January 18, 2022 2:02 PM To: Tomczak, Daniel/RAL Cc: Carrasquillo, Angel; Badia, Hector; Mora, Jorge; Alban, Xavier E.; McGinnis, Lai -Wan Subject: [EXTERNAL] RE: Wagner Creek Request for CEI-CM Hours to completion Attachments: Transfer-Request_WagnerCreek_CityofMiami_20220111_withAmendl.pdf Good afternoon Daniel, Please refer to the attached approved justification letter for Cost Transfer of CM Hours and Allowances from PO#2102766 to PO#1500743. Please insert the attached in all future remaining invoices. Thanks and please contact me if you have any questions. Jose L. Lago, P.E., CFM Senior Project Manager City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8h Floor Miami, Florida 33130 Office: (305) 416-1252 Email: ilago@miamigov.com Building a stronger, more resilient Miami ID CIE From: Badia, Hector <hbadia@miamigov.com> Sent: Tuesday, January 18, 2022 1:41 PM To: Lago, Jose <JLLago@miamigov.com> Cc: Carrasquillo, Angel <AnCarrasquillo@miamigov.com>; Mora, Jorge <JMora@miamigov.com> Subject: RE: Wagner Creek Request for CEI-CM Hours to completion Please see attached. This is to allow the use of allowances in the contract. Reviewed by Legal and Budget. i DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 CH2MHILL January 11, 2022 Attention: Jose Lago, PE, CFM City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 CH2M HILL Constructors, Inc. 3150 SW 38th Ave Miami, FL 33146 305.718.0599 305.718.8077 Subject: Justification for Cost Transfer of CM Hours and Allowances from PO#2102766 to PO#1500743 Wagner Creek and Seybold Canal Restoration Project, Miami, Florida Project Number B-50643 Mr. Jose Lago: CH2M HILL Constructors, Inc. (a legal entity under Jacobs Engineering Group, Inc) is pleased to provide the City of Miami Office of Capital Improvements (OCI) with a request to transfer the three Allowances (Water Sampling, Risk Assessment, and Design and Permitting) from the current PO#2102766 (CH2M Hill Project No. WAGCRK21) to the old PO#1500743 (CH2M Hill Project No. 678289CH). This memorandum is a follow-up to the multiple discussions (December 3 and 21, 2021) between CH2M, City of Miami Office of Capital Improvements (Mr. Jose Lago), City of Miami Office of Management and Budget (Ms. Lai -Wan McGinnis), and City of Miami Office of City Attorney (Mr. Xavier Alban) regarding this request, who are in agreement with the transfer request and have asked for the request to be forwarded for approval. The budget for the three allowances under the current PO#2102766 would be used to cover the additional construction oversight costs for the dredging being completed under the bridges/culverts along Wagner Creek due to the extension in the schedule. Amendment 1 of the original contract for the Dredging Services for Wagner Creek and Seybold Canal Waterways Project, B-50643 (PO#1500743), which included the construction oversight services for the dredging activities in 2017-18, has been incorporated into Amendment 3 of the contract (PO#2102766), which included the oversight of the removal of sediment under the bridges and culverts of Wagner Creek in 2021. The justification in transferring the three allowances originally included under PO#2102766 to Task 3 - Services During Construction under PO#1500743 is based on the scope description that was included in the Proposal for Consulting and Sediment Removal Support, Wagner Creek/Seybold Canal Restoration Project (Amendment 1 to original contract, dated May 27, 2014) from CH2M HILL (see attached Amendment 1). Within the proposal, under Task 3 - Services During Construction, the discussion of other tasks that may be performed under PO#1500743 included: As part of this task, CH2M HILL may perform the following additional services as directed by the City however, it should be noted that these services are not included in the budget presented in Attachment B: DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 January 11, 2022 Mr. Jose Lago: • Review SO Ws of work for structure repairs prepared by the contractor, • Observe structure repairs as requested in the field (e.g., embankments and sea walls), • Provide additional services as requested and mutually agreed upon. As "additional services as requested and mutually agreed upon", the allowances to be transferred are related to the post -construction services for Wagner Creek/Seybold Canal that are being requested by either DERM or by the City of Miami OCI and therefore could be included under Task 3 - Services During Construction of PO#1500743. Details of the allowances to be transferred to Task 3 - Services During Construction (under PO#1500743) include: 1) Allowance for Water Sampling $26,442.20 + $3,600 lab costs At the request of Miami -Dade DERM (from the December 23, 2019 communication), CH2M will assist the City in performing one (1) post -dredge surface water sampling event from select locations along Wagner Creek. The post -dredge sampling event will be conducted within 3 months after the completion of the dredging activities from under the bridges and within culverts of Wagner Creek. A post -dredge surface water sampling plan modification (addendum to the DERM approved sampling plan dated July 2018) will be drafted and submitted to DERM for review and approval prior to mobilization for the sampling event. Surface water samples will be collected for dioxins/furans following the same procedures as the sampling during 2018-2019 and from six locations along Wagner Creek. If DERM requests additional sampling, then the additional sampling will be discussed and agreed upon by the City of Miami and DERM prior to being completed. A report summarizing the surface water results will be written and submitted to the City and DERM for their review. Subcontractor (laboratory) costs and field expenses are included in the budget for this task. Allowance for post -dredge surface water sampling within Wagner Creek will be completed at the sole discretion of the City of Miami OCI. 2) Allowance for Risk Assessment $39,614.00 + $1,000 lab costs Per the request of Miami -Dade DERM during the December 13, 2019 meeting, CH2M will assist the City with confirmatory sediment sampling along Seybold Canal in support of modifying the draft risk assessment. Residual sediment may be present along the bulkheads and seawalls of Seybold Canal (OS-6) and will be sampled if needed and submitted to a laboratory for analysis. A total of 8 sediment samples (unless DERM requests additional samples) will be collected along the length of Seybold Canal (east and west sides) and analyzed for lead only. The draft ecological and human health risk assessment report for Wagner Creek and Seybold Canal will be revised to include the new sediment data from OS-6 and submitted to the City and DERM for their review. Subcontractor (laboratory) costs and field expenses are included in the budget for this task. Allowance for the OS-6 sediment sampling and risk assessment will be completed at the sole discretion of the City of Miami OCI. 3) Allowance for Design and Permitting $34,141.70 As outlined in Section 4 of the CAP 2 document, structures that fail or are damaged as a result of the dredging excavation activities will be repaired or restored within a reasonable time after the failure or damage occurs. Articulating block was previously placed along the embankment of OS-1 of Wagner Creek to provide erosion control measures, but erosion of the creek bank and sloughing of the articulating block into the creek have since occurred. CH2M will develop a technical memorandum that includes a summary of calculations, evaluation of alternatives for the embankment stabilization, recommendations, basis of design, and cost estimate. Once the alternative has been approved by the City, construction documents (30%, 60%, 90% design) and final (100%) design with complete plans and specification notes will be developed and submitted to the City for review and comments. Construction documents for the design DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 January 11, 2022 Mr. Jose Lago: will be signed and sealed by a CH2M Florida PE. Necessary permitting (i.e., USACE and DERM) for the completion of the embankment repair and stabilization along OS-1 will also be completed under this task. Allowance for the OS-1 embankment stabilization design and permitting will be completed at the sole discretion of the City of Miami OCI. CH2M recommends that the charges (labor, expenses, subcontractor costs) for the additional construction services during the dredging activities and the three allowances be tracked under the Contingency sub -task of Task 3 (03.CN) of PO#1500743 since they are additional services requested (by the City of Miami) and agreed upon. Let me know if there are any additional questions regarding this request. If you have any questions, or need further information, please feel free to contact me at (919) 637-0633 or daniel.tomczak@jacobs.com. Sincerely, Daniel M. Tomczak Project Manager Cc: Lai -Wan McGinnis, City of Miami Office of Management and Budget Xavier Alban, City of Miami Office of City Attorney Badia, Hector 2022.01.18 13:37:49-05'00' DocuSign Envelope ID: 2080FBED-CEC8-42A8-8B4A-2132D4A53590 Payment# 228609 Payment Overview [CMIA AP Supervisor] SI Operating Unit Number Currency Amount Date Payment Process Request Voucher Status Cleared Amount Cleared Date Void Date Maturity Date Invoices City of Miami 228609 USD 1,456.50 I22-AUG-2022 108-22-2022 AP ACH P Rt Negotiable Payee Paid To Name Taxpayer ID Supplier Number Address Bank Name Account Payment Document Payment Method Payment Process Profile CH2M Hill Constructors Inc. 841230545 13075 Site IDENVER Department 1485 1700 Lincoln Street Lower Level 3 Wachovia Bank, N.A. Main Operating Electronic Electronic CMIA AP NACHA Profile Number Amount Paid GL Date Description CH2072922-F 1,456.50 22-AUG-2022 A:2180 P:40-B50643 Invoice Overview Bank Supplier Payments 22029A09410141ACHOVIA BANK, H.A. CITY OF MIAMI 1596000375CC608-22-2022 220823 0000145850228609 CH2M HILL CONSTRUCTORS I 00001456502ATCH_NSME 08-22-2022 AP ACH P RE I 385 1456501596000375 301000000141565013009 WELLS FARGO Intraday Composite Report Standard Intraday Composite Report As of 08/23/2022 company: CITY OF '01.4\11 User. Bic Galled 09(231202201:26 PM ET Corrmanclal Electronic Office Treasury Infarmatlon Reporting S/2312022 1451 ACH CONCENTRATION CREDIT Credit Arnow1.456.50 Out Raft 091000017106609 Bank Rat Unique ID: 00000091DD5662504531 COMPANY NAME: CITY OF MIAMI ENTRY DESC: AUTOSETTLE RECIPIENT ID FILE2596000375 RECIPIENT NAMEACH AUTO SETLMNT COMPANY ID' 1596000375 ENTRY CLASS CODE' CCD DISCRETIONARY DATA: ACH ORIGINATION - CITY OF MIAMI - FILE 2596000375 COID 1596000375O1D07D0017106609 TRANSACTION CODE: 22 Debit Transactions 1