Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 26-R28, Authorizing the Final Acceptance of Public Roadway Improvements for SW Tom Mackie Boulevard Phase 3 (P21-263), Constructed by Miller Construction Company, LLC.
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Submitted By: Diana Spriggs, P.E., Public Works
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): Miller Construction Company, LLC has completed the construction of the two (2) lanes of SW Tom Mackie Boulevard Phase 3 (P21-263) as approved by City Council. The developer has requested the City accept ownership and maintenance of the roadway improvements in accordance with City Code of Ordinance Section 156.150.
Presentation Information: Staff will be available to answer questions.
Staff Recommendation: Move that the Council accept the roadway improvements in accordance with Section 156.150 of the City Code of Ordinances.
Alternate Recommendations:
1. Move that the Council amend the recommendation and accept the roadway improvements.
2. Move that the Council not accept the roadway improvements and provide staff direction
Background: Miller Construction Company, LLC (Developer) has completed the construction of Tom Mackie Boulevard Phase 3. The roadway plans were approved by City Council on February 28, 2022, by Resolution 22-R32. The approved roadway plans detail the construction of the initial two (2) lanes together with landscaping, sidewalk, and drainage improvements that support the roadway design. Tom Mackie Boulevard Phase 3 extends the roadway 1,930 linear feet from just south of SW Trade Center Drive, south to 100 feet south of SW Destination Way. The total construction cost incurred by the developer for the project was $4,026,130.00. The Developer has provided the project cost estimate, maintenance bond, warranty, Bill of Sale and Owner’s Affidavit for the improvements constructed within the road right-of-way for this respective project. The Public Works and Utility Systems Departments inspected the public infrastructure as it was being constructed within the road right-of-way of Tom Mackie Boulevard Phase 3 in addition to performing a substantial completion and final acceptance review in accordance with the Florida Statues and City Code. The Engineer of Record has certified the improvements of Tom Mackie Boulevard Phase 3 to be turned over to the City have been constructed in accordance with the approved plans and per the City’s specifications. The Landscape Architect has certified that the landscape improvements of Tom Mackie Boulevard Phase 3 have been constructed in accordance with the approved plans and per the City’s specifications. Representatives of the Public Works Department generated a punch list on October 30, 2025, for the SW Tom Mackie Boulevard project (P21-263). A final inspection was performed on November 13, 2025, to confirm all punch list items were satisfied.
Upon review of the information provided by the developer, roadway engineer of record and landscape architect, the Public Works Department recommends the roadway is accepted for ownership and maintenance by the City and the maintenance period is observed for one (1) year following acceptance of the roadway.
The City Attorney’s Office has reviewed the Bill of Sale and Owner’s Affidavit for these public improvements in accordance with City Code
Issues/Analysis: City Council’s execution of this Resolution will formally accept ownership and maintenance responsibility of the completed roadway improvements. The ownership and maintenance responsibility of the completed landscape improvements will be the City’s unless and until the developer enters into a Landscaping Maintenance Agreement that states otherwise with the City.
Financial Information: Roadway pavement typically has a service life of 15 to 20 years; therefore, maintenance costs are anticipated to be minimal for the initial service life. The maintenance costs associated with turf and landscaping of the 1,930 LF of roadway is estimated to be $18,000 annually.
Special Consideration: In accordance with City Code 156.148 (E), the City Council shall either approve, partially approve, or reject the improvements based on the recommendation from the City Engineer. The City must notify the developer in writing, by certified mail, not later than forty-five (45) days after receipt of the notice from the developer if the City intends to accept or not accept responsibility of the improvements. Failure of the governing body to send or provide such notification to the developer within forty-five (45) days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements. Based on the receipt date of March 11, 2026, a notice needs to be sent to the developer by no later than April 25, 2026.
Location of Project: SW Tom Mackie Boulevard from SW Trade Center Drive, south to SW Destination Way.
Attachments:
1. Resolution
2. Owner’s Affidavit
3. Bill of Sale
4. Owners Warranty
5. Cost Estimate
6. Maintenance Bond
7. Engineer’s Certification with Irrigation and Roadway Turnover Request
8. Landscape Certification
9. Southern Grove Plat 26
10. Southern Grove Plat 40
11. Location Map
12. Request for Turnover Memo to City Manager
13. Substantial Completion Inspection Memo to City Manager
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: # 26023-01
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.