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HomeMy WebLinkAboutR-83-0005L7 J-83-6 rr RESOLUTION NO.N`'1'r A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE STATE OF FLORIDA AND METROPOLITAN DADE COUNTY FOR A JOINT FUNDING PACKAGE FOR THE CONSTRUCTION OF A BIFURCATED RAMP SYSTEM IN THE DuPONT PLAZA AREA. WHEREAS, the existing connection from I-95 will not be sufficient to handle traffic generated by development in the DuPont Plaza area; and WHEREAS, the City Commission, on June 22, 1982, approved a cost sharing concept for construction of a bifurcated ra,np system to handle traffic in the DuPont Plaza area of Downtown Miami; and 'WH►:REAS, the estimated $37 million construction cost for the bifurcated ramp system shall be provided by dividing the funding responsibilities between the State of Florida, Nietrropolitan Dade County and the City of Miami; NOW, THEREFORE, BE IT RESOLVED RY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached hereto, with the State of Florida and Metropolitan Dade County which sets forth funding responsibilities for the construction of the bifurcated ramp system in the DuPont Plaza area. PASSED AND ADOPTED this 13 day of January , 1983. ATTEST: RALP G. ONGIE, CITY CLEW M.AURICE A. FERRE MAURICE A. FERRE M A Y O R CITY COMMISSION MEETING OE JAN 13 B3- s% RESQIQM NO ......» ....::........ w PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: SE R. GARCIA-PEDROSA ITY ATTORNEY -2- T•ii:itlT7tlT��f)[i'; O}' %�(-t'?'.[:':["*i, This agreerunt, entered into this day of 1982, between the State of Florida Departmnt of Transportation, hereinafter referred to as "Department", Dade County acting by and through its Board of. County Corr[issioners hereinafter referred to as "County" and City of Miami, hereinafter referred to as "City". VMT- SSrTIt: WIERF.AS the parties herein wish to cause sufficient funds to be made available to construct a currently unfunded high priority state highway systm project properly }mown as the "bifurcated ramps" in Dade County, hereinafter referr(J to as the "project" described as follows: Construction of a bifurcate:l raq) systai a-)nnecting I-95 to the DuPont Plaza area including surface street improver}ents in the DuPont Plaza Area, • P'hdifications to the existing rare systen between I-95 and SF First Avenue, adjustri,nts to I-95 and connections betwei-in SR 836 and the surface streets parallel to I-95 North of N.H. Fifth and Sixth Streets. M-MPTAS the parties rut:ually agree that it is in the n.:h'_ic's best interest for funds to be pooled by the parties herein frm the sources herein descri2--d. MIrRMS t)e existing connection from I-95 will not be sufficient to handle the traffic generates] by the current devel opmnt in the rXiP+ont Plaza ara-i and; MIF.RFAS the parties agree to contribute funds to enable the Departr*ent to construct the project at the earliest possible (late and time for an estimated total direct cost and funding source as follows: Amount (Millions) Source 7.9 Frderal Aid Urban (Department) 10.0 City 10.0 Count %, 9.1 FE�deral Aid Interstate (Department) S37.0 (roundoi) 83-5 0 10 U1F'F EAF gilt' construc--tion (-)` h3ic? pro lle-t. in, a t-kirt_ of the state highway system would normally be the responsibility of the Department, however, the parties recognize that the Department does not have sufficient funds available to fund the construction, and I-MERFAS as the Parties are authorized to enter into this agreement under law specifically, but not limited to, the provisions of Chapter 339.12 Florida Statutes 1981. TMI T11FPEMR7, in consideration of the premises and the covenant contained herein the parties agree: 1. That the parties to this agreement hereby agree to fun(? the project fray the sources and amounts as indicate�t ahrn,e. The partite although recognizing the ultimate rrthods of ci)taining said funds, agree that eac'n party herein krill be ccxn'tting itself to contribute said amount regardless of the ultimte source or method from which each party obtains said f tin -is. 2. The Department of Transportation will be responsi!-�le for supplying tiv amount of 7.9 million dollars isfiich is anticipated to be paid from -Federal Aid Urban Funds suh-ic�ct: tr, agreei->Lnt h; the Metropolitan Planning organization (,,joc)) an'i the Felera) Highway Administration. 3. The rx-partment hereby agrees to supply Federal Aid interstate funds in the amount of 9.1 million dollars subject to approval of the Federal Highway Administration to be applied to eligible rmdifications to Interstate 95 which will be made necessary by the improvements outlinal herein. 4. That the City of Miami shall contribute and grant the estimate3 amount of 10 million dollars to the construction of this project the details of which will be specified in a separate agreerrkL nt including a drawdown schedule between the City and the Deryirtment of Transportation. 5. That the County shall contribute and grant an estir-vit(­3 x4_)unt of 10 million dollars toward construction of the projff-t the details of which shall be the subject of a separate agretinent including a draw ,own sche Jule between the County ar 3 the r)opartnk nt. 83-5 J 0 101- f Ti t..il}' S?i i `r of Grants in the alx)ve at-ounts from the County and the City. The Department makes no currti.tment to restore such grant amounts. ;,hould any restoration occur., from primary or other appropriate funds, said restoration ti211 b? ma. -le only in the event such funds become available to the fepartment for such purpose- by legislative appropriation. Section 134.?.1(8)(a), Florida statutes, is herel-�, incorporate? and: The t)---;-karti--nt shall not, during any fiscal year e};[nn1 money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the ary)iint budgeted as available for exl�en liture during such fiscal year. Any cvnt.ract verbal or written made in violation c,f this subsection shall be null and void, an(l n--) rr)nf ,; shall be paid thereon. The rx,ykirtrent shall require a statement from the Ccxmptroller of the Department that funds are available prior to entering into any such c<)nt.ract or either binding can-atments of the furx3s. Vothing herein shall prevent the making of contracts for a p-2riod of contracts exceeding orx- year, but arw contract so made shall be executory only for the value of the services to rendere.1 or agreed to be paid for in succeeding fiscal years, and this paragraph shall b= incozj>oratEx1 verbatim in all contracts of the I"Up;aartTrr;t in excess of $25,000 having a term for a period of more than one year. 7. Tt is understood and agreed by all parties herein th-it the Dkpartrrent of Transportation cannot and does not commit future appropriations of the Legislature in order to restore these grant fu rls. It is further understood and agreed that any restoration of arx)unts made available by these grants rests entirely upon appropriate funds beiaj made available by the Florida Legislature or from Federal sources and the Department in their sole and absolute discretion. By entering into this agreement the parties hereto do not intend that any legal, moral or other ohligaticm upon the Dlepartlr,ent, its representatives or the Florida Le3islature is being rr► de to restore these grant funds. u , Tilc, Department upon receipt of the grant funds herein from the County and the City shall take the necessary steps to use F,aid conies to cause the project to be built. 83-5 c? . T f in t hy,- ovent alT t1w projn_-t to br, ccnstsrrcts�-i b?twrlen 94 1st Avenue and the connection of the bifurcated ramps with SE 2nd Street and Biscayne Blvd. Play to Viich the funds have been contribute, overruns the present estinat©d costs, said cost overrun shall be sharer] equally by the County the the City and said parties shall im)eiiately commit said amounts to the project. The Department agrees however, that prior to advertisement of any bids to construct the project in the area described in the preceding sentence, the City and the County shall have available to it the Department's uradated estimate of the costs of construction of the project and should said estl.ffiate be higher than those amounts estimated herein, then the Department will not a- art' the contracts for construction until the City and County agree to fund said excess amounts. In the event any restoration of said contributed grant funds is made by the Department said amow)ts may be considered in arriving at a.^.rnint to be restored. 10. thDon cxrPletion of the project final total direct construction contract costs will be determine by the Department bast--.-] upon a:: lag}^rents made and accepted by the Department's contract. 11. Tt is t w intent of the parties that the funds contribute:, grantol or commttecl herein shall IY2 carunitted on or Ix -fore January 1, 1984 and subject to Cie agreed upon drawdo%n schMule. 12. It is re.-Y)Inized by t )e parties herein that in addition to those arnunts contributed by each party herein under tliis agrei�-nt, additional a aunts of cronies or property are rc<uired to be donatcii for this project by private interests under PM permits issued by the City. Should any of said cronies or prol*-rty fail to be so donated, thpn this agreertent shall be null and void. ;'he party Vio issued any such development order shall take all mearLs available to it to enforce the tents of sail W.rni t in order to further the intents of this agreement. 83-5 r r ' t;'""'+:`I, tnlFFtf?JF, the i>+rties hereto have ex��Uted this Agreanent, the day and year above written. MDE COUNTY CI T Y OF MIAt,;I STATE OF FLORIM DEPARI'fi U OF TRAN1;PORTATIGN By: TITLE: ATTEST: TITLE: i3tecutive Secretary 83-5