HomeMy WebLinkAboutR-23-0136City of Miami
Resolution R-23-0136
Legislation
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 11TH 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 11th 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
City of Miami Page 1 of 3 File ID: 13567 (Revision:) Printed On: 6/27/2025
File ID: 13567 Enactment Number: R-23-0136
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.
City of Miami Page 2 of 3 File ID: 13567 (Revision:) Printed on: 6/27/2025
File ID: 13567 Enactment Number: R-23-0136
Section 2. The City Manager is authorized' to execute a LAP Supplemental
Agreement, in substantially the attached form, with FDOT amending the Grant
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, City Attor ey 3/14/2023
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.
City of Miami Page 3 of 3 File ID: 13567 (Revision:) Printed on: 6/27/2025