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AGENDA ITEM COVER PAGE
itself IF File ID: #4144
ra ,l'9/ Resolution
Sponsored by: Commissioner Manolo Reyes, Mayor Francis Suarez,
Commissioner Joe Carollo
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY,
REGARDING THE EXCESSIVE AND UNREASONABLE DELAYS OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION'S ROADWAY CONSTRUCTION PROJECTS ON
WEST FLAGLER STREET AND SOUTHWEST FIRST STREET.
File Number: 4144
City of Miami
Legislation
Resolution
Enactment Number: R-18-0195
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:5/10/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND
DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S)
NECESSARY, IN LAW OR EQUITY, REGARDING THE EXCESSIVE AND
UNREASONABLE DELAYS OF THE FLORIDA DEPARTMENT OF
TRANSPORTATION'S ROADWAY CONSTRUCTION PROJECTS ON WEST
FLAGLER STREET AND SOUTHWEST FIRST STREET.
WHEREAS, in or around 2015, the Florida Department of Transportation (TDOT")
commenced roadwork projects within the City of Miami ("City") on West Flagler Street from
Southwest Second Avenue to Southwest Twenty -Seventh Avenue and Southwest First Street
from Southwest Sixth Avenue to Southwest Twenty -Fourth Avenue (collectively, "Projects"); and
WHEREAS, FDOT engaged Russell Engineering, Inc. for the West Flagler Street
project, JVA Engineering Contractor, Inc. for the Southwest First Street project, and Pinnacle
Consulting Enterprises, Inc. as the engineering consultant for the Projects (collectively,
"Contractors"); and
WHEREAS, FDOT and its Contractors have missed completion deadlines for the
Projects and there continue to be excessive and unreasonable delays on the Projects; and
WHEREAS, these continuing excessive and unreasonable delays have caused undue
burden and hardship on business and property owners on West Flagler Street and Southwest
First Street; and
WHEREAS, the unfinished and delayed Projects have further created dangerous and
hazardous conditions for pedestrians and motorists; and
WHEREAS, the current conditions and progress of the Projects negatively affects the
health, safety, and welfare of the public; and
WHEREAS, the City Commission finds that it is in the best interest of the City's
residents, business owners, and property owners to authorize the City Attorney to take any and
all action(s) necessary to ensure the timely and efficient completion of the Projects;
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.
Section 2. The City Commission hereby authorizes and directs the City Attorney to
take any and all action(s) necessary, in law or equity, regarding the excessive and
unreasonable delays of FDOT's Projects.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor ey 5/10/2018
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.