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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13567 Date: 02/24/2023 Commission Meeting Date: 03/23/2023 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 5 Type: Resolution Subject: Supplemental Agrmt No. 2 - LAP - Overtown Greenway Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN SUBSTANTIALLY THE ATTACHED FORM FOR THE EXTENSION OF THE OVERTOWN GREENWAY ALONG NORTHWEST 11TH STREET FROM NORTHWEST 7TH AVENUE TO NORTHWEST 12TH AVENUE AS PART OF THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B5173648, AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF AND COMPLIANCE WITH THE LOCAL AGENCY PARTICIPATION AGREEMENT NUMBER G1553 ENTER INTO ON JANUARY 30, 2019. Background of Item: The City of Miami ("City") applied for and was awarded a grant for the Overtown Greenway along NW 11th Street from NW 7th Avenue to NW 12th Avenue, Office of Capital Improvements Project 40-B173648. The Florida Department of Transportation ("FDOT") serves as the pass -through agency for federal funding that was awarded to the City. A Local Agency Program ("LAP") Agreement was required to access the awarded funds. City Resolution 18-0360 limited the City Manager to executing the LAP agreement without amendments. The City executed the required LAP Agreement on January 30, 2019, which included Exhibit B designating the use of sixty-two thousand eight hundred ninety-one dollars ($62,891) in federal funds for Construction Engineering and Inspection ("CEI") services. After reviewing the requirements for the use of the federal funds for the designated services, City staff determined the use of City funds for CEI would be more efficient and cost effective. The use of City funds for CEI substantially lowers grant administrative cost and hasten the construction schedule. The proposed resolution authorizes the City Manager to sign the attached Supplemental LAP Agreement modifying Exhibit B to reflect the use of City funds for CEI services and decommitting the use of federal funds for CEI services and to sign any amendments, modifications, renewals and extensions related to this LAP agreement in forms acceptable to the City Attorney without further commission approval. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: $0.00 General Account No: Award No. 2683 CIP Project No: 40-B173648 Office of Capital Improvements Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Hector L Badia Lai -wan McGinnis Marie Gouin Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Thomas M. Fossler Victoria Mendez Maricarmen Lopez City Clerk's Office Department Head Review Budget Analyst Review Budget Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Rendered Completed 03/13/2023 9:27 AM Completed 03/13/2023 4:24 PM Completed 03/13/2023 5:05 PM Completed 03/14/2023 10:24 AM Completed 03/14/2023 11:26 AM Completed 03/14/2023 3:10 PM Completed 03/14/2023 3:55 PM Completed 03/14/2023 4:00 PM Completed 03/23/2023 9:00 AM Completed 03/28/2023 2:53 PM City of Miami Legislation Resolution Enactment Number: R-23-0136 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13567 Final Action Date:3/23/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM ("LAP") SUPPLEMENTAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDING LAP AGREEMENT CONTRACT NUMBER G1553 TO LOCALLY FUND CONSTRUCTION ENGINEERING AND INSPECTION SERVICES IN THE ADDITIONAL AMOUNT OF $62,891.00 TO EXPEDITE THE CONSTRUCTION OF THE EXTENSION OF THE OVERTOWN GREENWAY ALONG NORTHWEST 11 TH STREET FROM NORTHWEST 7TH AVENUE TO NORTHWEST 12TH AVENUE, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NUMBER 40-B173648 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND ALL IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY OF MIAMI CODE OF ORDINANCES, AS AMENDED ("CITY CODE"), AS MAY BE DEEMED NECESSARY FOR THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") applied for and was awarded a grant in the amount $822,891.00 from the State of Florida, Department of Transportation ("FDOT") for the extension of the Overtown Greenway along Northwest 11 t" Street from Northwest 7th Avenue to Northwest 12th Avenue as part of with the City's Office of Capital Improvements project No. 40-B173648 ("Project"); and WHEREAS, the Project unites the Overtown and Spring Garden neighborhoods by providing critical missing connections between the existing Overtown Greenway, the Miami Riverwalk, and the Culmer Metrorail Station with construction of a multi -use path within the swale area, making use of existing sidewalk and right-of-way area along the northside of Northwest 11th Street, without requiring additional right-of-way, and provides for decorative sidewalk treatment, specialty signage, trash receptacles, benches, landscaping, and the repair of affected curbs along the northside of the corridor; and WHEREAS, pursuant to Resolution No. R-18-0360, the City and FDOT entered into Local Agency Program ("LAP") Agreement Contract No. G1553, executed on January 30, 2019 ("Grant Agreement"), in an amount not to exceed $822,891.00 consisting of $760,000.00 of federal grant funding for construction and $62,891.00 for construction engineering and inspection services ("CEI"); and WHEREAS, as a pass -through agency for federal funds, FDOT requires all purchases that will be reimbursed through the Grant Agreement to comply with all applicable federal laws, rules, and regulations, specifically 2 C.F.R. Part 200 governing procurement of goods and services; and WHEREAS, the City has continuing service contracts for CEI to use on an as - needed basis, however, these contracts were not procured in a manner consistent with 2 C.F.R. Part 200; and WHEREAS, the City would need to separately procure CEI services in a manner consistent with 2 C.F.R. Part 200 in order to be eligible for the $62,891.00 in federal grant funding for said services; and WHEREAS, City staff and FDOT have determined it is more cost efficient and expeditious to use local funding for CEI cost eliminating the need to separately procure CEI services; and WHEREAS, the LAP Supplemental Agreement, attached and incorporated as Exhibit "A," amends the Grant Agreement to replace $62,891.00 in federal grant funding with local funding for CEI services; and WHEREAS, the City Commission at its February 23, 2023 meeting, adopted Resolution No. R-23-0097 amending the Fical Year 2022-2023 Multi -Year Capital Plan to transfer additional funding in the amount of $655,566.00 to the Project, which includes the $62,891.00 in local funds required for this LAP Supplemental Agreement; and WHEREAS, it is in the best interest of the City for City Commission to authorize the City Manager to enter into the LAP Supplemental Agreement, in substantially the attached form, and to further authorize the City Manager to negotiate and execute any and all documents, including, but not limited to, amendments renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, and budgetary approvals, and all in compliance with applicable provisions of the City of Miami Code of Ordinances, as amended ("City Code"), as may be deemed necessary for the Project; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is authorized1 to execute a LAP Supplemental Agreement, in substantially the attached form, with FDOT amending the Grant 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Agreement to locally fund CEI services in the additional amount of $62,891.00 to expedite the construction of the Project. Section 3. The City Manager is further authorized' to negotiate and execute any and all documents, including, but not limited to, amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and all in compliance with applicable provisions of the City Code, as may be deemed necessary for the Project. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity (tor