HomeMy Public PortalAbout09-7916 DEP for NW 139 Street Stormwater Drainage Sponsored by: City Manager
RESOLUTION NO. 0 9-7 91 6
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, RATIFYING THE
ACTION OF THE CITY MANAGER IN ENTERING INTO
AND EXECUTING AMENDMENT NO. 3 TO DEP
AGREEMENT NO. LP6072 BETWEEN THE CITY OF OPA-
LOCKA AND THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP) FOR THE N.W.
139TH STREET STORMWATER DRAINAGE/ROADWAY
PROJECT
WHEREAS,the City Commission of the City of Opa-locka("City Commission")previously
adopted Resolution 06-6877 accepting an award of reimbursable grant funds from the State of
Florida Department of Environmental Protection("DEP")and authorizing the City Manager to enter
into and execute DEP Agreement No. LP6072,a State Financial Assistance Agreement between the
City of Opa-locka("City") and DEP; and
WHEREAS, DEP Agreement No. LP6072 provides for funding of the N.W. 139th Street
Stormwater Drainage/Roadway Improvement Project in an amount not exceeding Forty Eight
Thousand Five Hundred and Forty Seven Dollars ($48,547.00); and
WHEREAS,on September 10,2008,the City Commission adopted Resolution No.08-7344,
authorizing the execution of Amendment No. 1 and Amendment No. 2 to DEP Agreement No.
LP6072 between the City and DEP, extending the term of the grant agreement and revising the
budget for the project to Forty Eight Thousand Five Hundred Forty Seven Dollars($48,547.00);and
WHEREAS, the City has completed the design phase of this project and is now ready to
move forward with the next phase of this project; and
WHEREAS,the City and DEP desire to extend the term of the grant agreement until August
31, 2010 by entering into Amendment No. 3 to DEP Agreement No. LP6072; and
Resolution No. 09-7916
WHEREAS,due to the August 31,2009 deadline for the execution of the Amendment,the
City Manager entered into and executed Amendment No. 3 to DEP Agreement No.LP6072,prior to
the August 31, 2009 deadline; and
WHEREAS,the City Manager is requesting that the City Commission ratify action taken by
the City Manager in entering into and executing Amendment No. 3 to DEP Agreement No.LP6072;
and
WHEREAS, the City Commission desires to ratify the action of the City Manager and
approve the authorization and execution of the Amendment No. 3 to DEP Agreement No. LP6072
for the N.W. 139th Street Stormwater Drainage/Roadway Improvement Project.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby ratifies the action taken
by the City Manager in entering into and executing Amendment No. 3 to DEP Agreement No.
LP6072, extending the agreement between the City and the State of Florida Department of
Environmental Protection until August 31, 2010 for the NW 139th Street Stormwater Drainage
/Roadway Improvement Project,as set forth in Exhibit"A"attached hereto,together with such non-
material changes as may be acceptable to the City Manager and approved as to form and legality by
the City Attorney.
PASSED AND ADOPTED this 9 day of SEPTEMBER , 2009.
Resolution No. 09-7916
...I
" ...-KE EY
AYOR
Attest: Approved as to form and legal sufficien•„ .
b eborah S. Ir oy Burnadette NorfiAeeks
City Clerk City Attorney
Moved by: JOHNSON
Seconded by: TAYLOR
Commission Vote: 4-0
Commissioner Holmes: OUT OF ROOM
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
RESOLUTION-FDEP LP6072 GRANT AWARD EXTENSION
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Memorandum
To: Mayor Joseph L. Kelley
Vice Mayor Myra L. Taylor
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner Dorothy "D ,- ohnson
From: Bryan Finnie, Interi.- ity Manager
Date: August 19, :!•
Re: FD GRANT -6072 AGREEMENT EXTENSION
Request: APPROVAL OF RESOLUTION FOR THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA TO AUTHORIZE CITY MANAGER TO SIGN AN
EXTENSION AGREEMENT FOR A REIMBURSABLE GRANT AWARD IN
AN AMOUNT NOT TO EXCEED FORTY EIGHT THOUSAND FIVE
HUNDRED DOLLARS ($48,547) FROM THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) FOR THE
N.W. 139TH STREET STORMWATER DRAINAGE/ROADWAY
IMPROVEMENTS, DEP AGREEMENT LP6072, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY
Description: The City of Opa-locka applied for and was awarded a DEP grant for the N.W.
139th Street Stormwater Drainage/Roadway Improvement project. The design phase of this
roadway project has now been completed and the City needs to execute an extension to the
agreement (Amendment 3) in order to continue with the next phase of this project. This
agreement and the reconstruction of this roadway when completed will provide drainage
improvement for this busy business thoroughfare and improve both vehicular and pedestrian
traffic in the immediate area.
Financial Impact: A 50% match is required as part of the conditions of this grant. Because this
project was minimal, in order to proceed with the construction phase of this project, provision for
an amount of $ 3, 547 should be made in the form of an allocation as part of the upcoming
budget FY09-10 in the capital project category. This expense is expected to have negligible
impact on City finances.
FDEP LP 6072 Grant Extension
Page Two
August 18, 2009
Implementation Timeline: Given the limited budget balance $ 7,094, the project will consist
only in minor backfilling and asphalt repair of the large potholes. Procurement and construction
is scheduled to begin around December 2009. The project completion date is January.
Legislative History: 06-6877
Analysis:
The entire roadway project has been designed to date. By executing this extension, the City will
be in a position to utilize the current funding for minor pavement repairs in the short term. The
completed plans represent an important achievement which will be utilized as an incentive of a "
shovel ready project"to apply for other potential funding sources in an effort to see the full
project scope come to fruition in the near future.
Attachments:
LP6072 Attachment A-1
LP6072 Amendment 4
,AQROiECTION , Florida Department o. Charlie Crist
Gov e nor
Environmental Protection Jeff I<ottkan,p
Governor
N C Bob Martinez Center
Lt Go
FLQR ® 2600 Blair Stone Road Michael W. Sole
Tallahassee, Florida 32399-2400 Secretary
•August 12, 2009
Mr. Fritz Armand
Public Works and Utilities Director
City of Opa-Locka
12950 NW 42 Avenue
Opa-Locka,Florida 33054
Re: LP6072-City of Opa-Locka
Opa-Locka NW 139th Street Stormwater Drainage/Roadway Improvements
Dear Mr. Armand:
Enclosed are two original copies of the proposed Legislative Project grant Amendment 3
for the City's stormwater improvement project. The amendment extends the date of
completion for the project.
Please have the City Manager sign on page 3 of the enclosed two copies. Return both
copies to us within three weeks at 2600 Blair Stone Road, Mail Station 3505,Tallahassee,
Florida,32399-2400. We will arrange for the Deputy Division Director to sign the
document and mail a fully executed original to the City.
If you have any questions about the amendment,please call Maura Callahan at 850/245-
8358. _
Sincerely,
Az?:f (:77,-,,,e7,,' -
Robert E. Holmden,P.E.,Chief
Bureau of Water Facilities Funding
RH/me
Enclosures
cc: Fernand Thony-City of Opa-Locka
Bryan Finnie- City of Opa-Locka
"More Protection, Less Process"
W14W dep.state.fLus
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6072
CITY OF OPA-LOCKA
AMENDMENT NO. 3
THIS AGREEMENT as entered into on the 8th day of May, 2006, and amended on the
24rh day of July,2008, and the 21st day of August, 2008,between the FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the
CITY OF OPA-LOCKA (hereinafter referred to as the "Grantee" or "Recipient") is hereby
amended.
WHEREAS, the Grantee has requested an extension of the term of the Agreement in
order to complete the project as planned;and,
WHEREAS, it has been determined that an extension of time to complete the project
would be in the best interest of the State; and,
WHEREAS, the Grantee understands that certification forward of State Fiscal Year 2005-
2006 funds supporting this Amendment beyond June 30th of each year is subject to the approval
of the Governor's Office;and,
WHEREAS, the Grantee has requested an end date that extends beyond the current
authorized funding period;and,
WHEREAS, the Grantee understands that if the Governor's Office does not approve the
Department's request to certify the funds forward, the Grantee will not be eligible for
reimbursement for the activities covered by the remaining unpaid State Fiscal Year 2005-2006
funds; and.
WHEREAS,additional changes to the Agreement are necessary.
NOW,THEREFORE,the parties hereto agree as follows:
1. Section 2. is hereby revised to change the completion date of the Agreement from
August 31, 2009, to August 31, 2010, and to include the following language as a separate
paragraph.
The Grantee understands and agrees that certification forward of the State Fiscal Year
2005-2006 funds supporting this Agreement beyond June 30th of each year is subject to the
approval of the Governor's Office.
2. Attachment A, Project Work Plan, is hereby amended to include Attachment A-3,
Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in
the Agreement to Attachment A, Project Work Plan, shall hereinafter refer to Attachment A,
DEP Agreement No. LP6072,Amendment No. 3,Page 1 of 3
Project Work Plan, Attachment A-1, Revised Project Work Plan, Attachment A-2, Revised
Project Work Plan and Attachment A-3, Revised Project Work Plan.
In all other respects, the Agreement of which this is an Amendment, and attachments
relative thereto,shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6072,Amendment No. 3,Page 2 of 3
This Amendment 3 to State Financial Assistance Agreement LP6072 shall be executed in
two or more counterparts, either 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 amendment to the State
Financial Assistance Agreement to be executed on its behalf by the Deputy Director of the
Department and the Grantee has caused this amendment to be executed on its behalf by its
Authorized Representative. The effective date of this amendment shall be as set forth below by
the Deputy Director of the Department of Environmental Protection, Division of Water
Resource Management.
CITY OF OPA-LOCKA FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: i� By:
4101M, ger Deputy Director
Division of Water Resource
Management
Date: S 120/09. Date:
Tommy Williams,DEP Grant Manager
*For Agreements with governmental boards/commissions: If someone other than the
Chairman signs this Amendment, a resolution, statement or other document authorizing that
person to sign the Amendment on behalf of the Grantee must accompany the Amendment.
List of attachments/exhibits included as part of this Amendment:
Specify Type Letter/Number Description (include number of pages)
Attachment A-3 Revised Project Work Plan (1 page)
DEP Agreement No. LP6072,Amendment No. 3,Page 3 of 3
Florida Department of Environmental Protection
LP6072—City of Opa-locka
Opa-locka NW 139"'Street Stormwater Drainage/Roadway Improvements
City of Opa-locka:
Attest:
., • t
D 1 orah S. Irby - ,,aCSCcry1G nO
C ' Clerk
Approved as to form and legal sufficiency:
Cit, Att; ey
Burnadette No s-Weeks, P.A.
ATTACHMENT A-3
REVISED PROJECT WORK PLAN
Please complete this form with as much detail as possible
I. GRANTEE/PROJECT INFORMATION:
Grantee: CITY OF OPA-LOCKA
Project Title: Opa-Locka NW 139th Street Drainage Improvements
DEP Grant#: LP6072
H. FUNDING PLAN:No Change in Funding Plan
2007-2008 LP 2007-2008 Total 2007-2008
Grant
Category of Expenditure Funds Provided Match Required Funding
Professional Services $48,547 $48,457 $96,914
Construction& 0 0 0
Demolition
Land
Equipment
Other(Specify)
$48,457 $48,457 $ 96,914
Total $48,547 $48,457 $96,914*
* This amount has been reduced to approximately$7,094 given the expenses and reimbursement to date
III. SCOPE OF WORK: (Scope has changed)
N.W. 139'd Street Stormwater Drainage/Street Improvement initially involvee the design,permitting
and construction of a drainage system as well as the restoration of the existing roadway at this well
traveled thoroughfare.
The original project consisted in a new drainage system to divert runoff from rain as well as the
restoration of approximately .30 miles of roadway. This drainage system will utilize collection inlets
and french drains to mitigate current flooding and reduce adverse impact to vehicular traffic and
residents.
The revised scope will be solely to effect some pot hole repairs to account for the remainding balance.
This work will
Item Completion Date
Taskl- RFP and Selection of Design Consultant(completed)
Task2- Design and Complete Construction Documents for the Project(completed)
Task3- Procurement and Mobilization on Site November 2009
Task4- Construction work/Closeout(2 Month) January 2010
IV. PROJECT MILESTONES: Change to Ending Date.
Consultant on Board April 2007
Design Completed August 2007
Estimated Construction Start date December 2009
Estimated Construction Completion Date January 2010
Estimated Construction start date: December 2009
Estimated scope of work completion date: August 31,2010
V. LOCAL MATCH & OTHER GRANT FUNDS: No Change in Match is expected for this
project
Sponsored by: City Manager
RESOLUTION NO. 0 8-7 3 4 4
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
:ITY MANAGER TO ENTER INTO AND EXECUk
AMENDMENT NO. 1 AND AMENDMENT NO. 2 TO DEP
AGREEMENT NO. LP6072 BETWEEN THE CITY OF OPA-
LOCKA AND THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP) FOR THE N.W.
139TH STREET STORMWATER DRAINAGE/ROADWAY
PROJECT.
WHEREAS,the City Commission of the City of Opa-locka("City Commission")previously
adopted Resolution 06-6877 accepting an award of reimbursable grant funds from the State of
Florida Department of Environmental Protection("DEP")and authorizing the City Manager to enter
into and execute DEP Agreement No.LP6072,a State Financial Assistance Agreement between the
City of Opa-locka("City") and DEP; and
WHEREAS, DEP Agreement No. LP6072 provides for funding of the N.W. 139th Street
Stormwater Drainage /Roadway Improvement Project in an amount not exceeding Forty Eight
Thousand Five Hundred and Forty Seven Dollars ($48,547.00); and
WHEREAS, the City has completed the design phase of this project, submitted a
reimbursement package to DEP pursuant to Agreement No. LP6072 and is now ready to move
forward with the next phase of this project; and
WHEREAS,the City and DEP desire to extend the term of the grant agreement until July 31,
2009 by entering into Amendment No. 1 to DEP Agreement No. LP6072; and
WHEREAS,the City and DEP desire to revise the budget for the project and further extend
the term of the grant agreement until August 31, 2009 by entering into Amendment No. 2 to DEP
Agreement No. LP6072; and
Resolution No. 0 8—7 3 4 4
WHEREAS, the City Commission has determined that it is in the best interests of the
residents of the City to approve the authorization and execution of the Amendment No. 1 and
Amendment No. 2 to DEP Agreement NO. LP6072.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka authorizes the City Manager to
enter into and execute Amendment No. 1 and Amendment No. 2 to DEP Agreement No. LP6072,
extending the agreement between the City and the State of Florida Department of Environmental
Protection until August 31, 2009 and revising the budget for the NW 128th Stormwater Drainage
/Roadway Improvement Project, attached hereto as Exhibit "A", together with such non-material
changes as may be acceptable to the City Manager and approved as to form and legality by the City
Attorney.
PASSED AND ADOPTED this 1 0 day of September , 2008.
JOSEPH L. i L Y
MAYOR
Attes • Approved as to form and legal sufficiency
Debor. •by B ad- e Norriks
City Clerk (it • ttorney
Resolution No. 08-7344
Moved by: JOHNSON
Seconded by: MILLER
Commission Vote: 5-0
Commissioner Tydus: YES
Commissioner Holmes: YES
Commissioner Miller: YES
Vice-Mayor Johnson: YES
Mayor Kelley: YES
RESOLUTION-FDEP LP6072 GRANT AWARD EXTENSION