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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13097 Date: 12/06/2022 Commission Meeting Date: 01/26/2023 Requesting Department: Department of Fire - Rescue Sponsored By: Christine King District Impacted: District 5 Type: Resolution Subject: Agreement - Construct Guardrail in FDOT ROW - Fire Rescue Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to enter into a Construction Agreement with the State of Florida, Department of Transportation ("DOT"), granting the City permission to construct at its own expense 160 linear feet of guardrail within DOTs right-of-way and along the perimeter of City owned property known as Fire Station 6 to protect the property and its occupants from vehicular traffic. Background of Item: The State of Florida, Department of Transportation ("DOT") is authorized and required by Section 334.044(13), Florida Statutes, to coordinate the planning, development, and operation of the State Highway System, and is further authorized by Section 339.282, Florida Statutes, to contract with a property owner to finance, construct, and improve public transportation facilities. As the owner of the property known as Fire Station 6, located at 701 NW 36 St. ("Property"), the City of Miami ("City") wishes to enter into a Construction Agreement with DOT which will grant the City permission to construct at its own expense 160 linear feet of guardrail along the perimeter of the Property and within DOTs right-of-way to protect the Property and its occupants from vehicular traffic. Budget Impact Analysis Item is NOT funded by Bonds Item is NOT Related to Revenue Total Fiscal Impact: $ 0.00 Department of Fire -Rescue Department of Fire -Rescue Department of Fire -Rescue Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Reviewed B Ty McGann Johnny Duran Eloy Garcia Pedro Lacret Marie Gouin Arthur Noriega V Valentin J Alvarez Thomas M. Fossler Victoria Mendez Maricarmen Lopez Fire Department Review Fire Budget Review Fire Chief Review Budget Analyst Review Budget Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Completed 12/07/2022 7:12 AM Completed 12/07/2022 7:23 AM Completed 12/07/2022 9:58 AM Completed 12/08/2022 8:18 AM Completed 12/08/2022 9:34 AM Completed 12/09/2022 8:59 AM Completed 12/09/2022 9:33 AM Completed 01/17/2023 1:55 PM Completed 01/17/2023 3:36 PM Completed 01/26/2023 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 02/01/2023 4:41 PM City of Miami Legislation Resolution Enactment Number: R-23-0042 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13097 Final Action Date:1/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONSTRUCTION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), PERMITTING THE CITY TO CONSTRUCT, AT ITS OWN EXPENSE, 160 LINEAR FEET OF GUARDRAIL WITHIN FDOT'S RIGHT-OF-WAY TO PROTECT THE PROPERTY KNOWN AS FIRE STATION 6, LOCATED AT 701 NORTHWEST 36TH STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, OR RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") owns Fire Station No. 6, located at 701 Northwest 36th Street, Miami, Florida ("Property"); and WHEREAS, the City Fire -Rescue Department ("Fire") has identified the need for a guardrail to protect the Property from vehicular traffic accidents that may occur at the intersection of 36th Street and 7th Avenue ("Intersection"); and WHEREAS, the proposed guardrail will be constructed on the State of Florida, Department of Transportation ("FDOT") right-of-way between the Intersection and the Property; and WHEREAS, FDOT has included the guardrail in its project list, however, there is no clear timeline for its construction; and WHEREAS, the City desires to construct the guardrail at its own expense in order to expedite its completion and mitigate the risk to the Property and its occupants; and WHEREAS, FDOT is authorized and required by Section 334.044(13), Florida Statutes, to coordinate the planning, development, and operation of the State Highway System; and WHEREAS, Section 339.282, Florida Statutes, provides that FDOT may contract with a property owner to finance, construct, and improve public transportation facilities; and WHEREAS, upon completion of the project, the guardrail will become the property of FDOT; and WHEREAS, the City desires to enter into a Construction Agreement ("Agreement") with FDOT, which will allow the City, at its own expense, to make improvements to FDOT's right-of- way within said Property by constructing 160 linear feet of guardrail to protect the Property and its occupants from vehicular traffic. 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 Manager is hereby authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, permitting the City to construct 160 linear feet of guardrail, at the its own expense, within FDOT's right-of-way to protect the Property. Section 3. The City Manager is further authorized' to negotiate and execute any and all documents, including any other amendments renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and in compliance with applicable provisions of the City Code, including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, and all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 1/17/2023 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions.