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:
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