HomeMy WebLinkAboutR-18-0320City of Miami
Resolution R-18-0320
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4364 Final Action Date: 7/26/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. 17-0584 ADOPTED ON DECEMBER 14,
2017 WHICH AUTHORIZED THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A LOCALLY FUNDED AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND PROVIDED FOR THE CITY OF
MIAMI'S ("CITY") CONTRIBUTION IN THE AMOUNT OF EIGHTY THOUSAND
DOLLARS ($80,000.00) FOR THE CONSTRUCTION CONTINGENCY COSTS
ASSOCIATED WITH THE IMPROVEMENTS TO THE NORTHWEST 34TH
AVENUE BRIDGE OVER COMFORT CANAL LOCATED NORTH OF STATE
ROAD 836/DOLPHIN EXPRESSWAY TO NORTHWEST 14TH STREET
("PROJECT"); AND REPLACING IN LIEU THEREOF THIS RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCALLY FUNDED
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("AGREEMENT"),
WITH FDOT TO PROVIDE FOR THE NON -PARTICIPATING CONSTRUCTION
CONTINGENCY COSTS FOR THE PROJECT AND PROVIDING FOR THE
CITY'S DEPOSIT IN THE AMOUNT OF EIGHTY THOUSAND DOLLARS
($80,000.00) FOR THE NON -PARTICIPATING CONSTRUCTION
CONTINGENCY COSTS ASSOCIATED WITH THE PROJECT, WHICH MAY BE
SUBJECT TO INCREASE OR DECREASE PURSUANT TO THE AGREEMENT;
ALLOCATING FUNDS FOR THE DEPOSIT IN THE AMOUNT OF EIGHTY
THOUSAND DOLLARS ($80,000.00) FROM PUBLIC WORKS PROJECT NO.
40B-183605, WHICH MAY BE SUBJECT TO INCREASE OR DECREASE
PURSUANT TO THE AGREEMENT.
WHEREAS, the Florida Department of Transportation ("FDOT") has approved a five (5)
year Work Program with Project Number Financial Management No. 426113-1 for the
reconstruction of the bridge located at Northwest 34th Avenue over Comfort Canal ("Project"),
within the limits north of State Road ("S.R.") 836/Dolphin Expressway and Northwest 14th Street
("Project Limits"), in Miami -Dade County, Florida, a road not on the State Highway System; and
WHEREAS, the City of Miami ("City") has jurisdiction over and maintains Northwest 34th
Avenue between north of S.R. 836/Dolphin Expressway and Northwest 14th Street; and
WHEREAS, pursuant to an Off -System Construction and Maintenance Agreement
between FDOT and the City, the City has authorized FDOT to construct the Project; and
WHEREAS, FDOT is utilizing federal funds for the construction of the Project; and
City of Miami Page 1 of 3 File ID: 4364 (Revision:) Printed On: 4/3/2025
File ID: 4364 Enactment Number: R-18-0320
WHEREAS, FDOT requested the City to pay construction contingency costs associated
with the Project as Section 339.12, Florida Statutes, does not authorize state funding for
payment of non -participating federal funding on the Project; and
WHEREAS, the construction contingency costs (non -participating costs) associated with
the Project within the Project Limits are estimated to be eighty thousand dollars ($80,000.00), as
more particularly described in Exhibit "B-1," attached hereto and made part hereof, and require
the City's participation; and
WHEREAS, the construction contingency costs (non -participating costs) may increase or
decrease as described in the Locally Funded Agreement ("Agreement"), attached hereto and
incorporated herein by reference; and
WHEREAS, any increase in funding will be in compliance with the City's Financial
Policies as set forth in Chapter 18, Article 9 of the Code of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, on or about December 14, 2017, the City adopted Resolution No. 17-0584,
which provided for the City's contribution in the amount of eighty thousand dollars ($80,000.00)
for the construction contingency costs (non -participating costs) associated with the Project and
authorized the City Manager to negotiate and execute a Locally Funded Agreement with FDOT;
and
WHEREAS, the original agreement association with Resolution No. 17-0584 did not
indicate that the deposit amount of eighty thousand dollars ($80,000.00) may increase or
decrease depending on the particulars of the Project; and
WHEREAS, the City agrees with the new terms and conditions in the Agreement,
attached and incorporated;
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 if fully set forth in this Section.
Section 2. The City Commission hereby rescinds Resolution No. 17-0584 adopted on
December 14, 2017.
Section 3. The City Manager is authorized' to execute the Agreement, in substantially
the attached form, with FDOT to accommodate the improvements by FDOT of the Northwest
34th Avenue Bridge over Comfort Canal, within the limits north of S.R. 836/Dolphin Expressway
and Northwest 14th Street, Miami, Florida, providing for the City's deposit in the amount of eighty
thousand dollars ($80,000.00) from Public Works Project No. 40B-183605 for the construction
contingency costs (non -participating costs) associated with the Project, which may increase or
decrease pursuant to the Agreement.
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 2 of 3 File ID: 4364 (Revision:) Printed on: 4/3/2025
File ID: 4364 Enactment Number: R-18-0320
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey ) 7/17/2018
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from
the date it was passed and adopted. If the mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File ID: 4364 (Revision:) Printed on: 4/3/2025