HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
AResol
TO: Todd B. Hannon, CityFRONT: Victoria M6ndez, City AltDATE: January 7, 2024
RE: Resolution No. 19-0333 —tion .au orizing the City Manager to
negotiate and execute, in a form acceptable to the City Attorney, a Master
Underline Maintenance Interlocal Agreement with Miami—Dade County for
the improvements to the Underline.
File No. 6237
At its September 12, 2419 meeting, the City Commission considered the above
referenced agenda item, CA.7, which authorized the City Manager to negotiate and execute, in a
form acceptable to the City Attorney, a Master Underline Maintenance Interlocal Agreement
with Miami—Dade County for the improvements to the Underline.
The Legislation was inadvertently published with superflous language and has been
updated to remove said language. Additionally, the legislation was inadvertently published
without Exhibit "A" and without a complete Exhibit "A -l", referenced and incorporated in the
Resolution, being correctly attached, althouth both were correctly included and incorporated in
the Draft Master Underline Maintenance Interlocal Agreement in backup. Both Exhibit `°A" and
Exhibit "A-1" have been tabled as such and corrected. The version has been igcremeated to
Revision A.
VMBLM/RJJ
Enclosure(s)
U A3`�- Scv�✓w&s (z-ruoeV
City of Miami
City Hall
3500 Pan American Drive
Legislation Miami, FL 33133
wwN,miamigov.com
<,,.��,. Resolution: R-'190333
File Number: 6237 Final Action Date: 911212019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, A MASTER UNDERLINE
MAINTENANCE INTERLOCAL AGREEMENT ("INTERLOCAL AGREEMENT")
BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI—DADE COUNTY
("COUNTY") FOR THE IMPROVEMENTS TO BE UNDERTAKEN BY THE
COUNTY FOR THE UNDERLINE OPEN SPACE RECREATIONAL PROJECT
("UNDERLINE PROJECT IMPROVEMENTS") TO BE GENERALLY LOCATED
ON THE CITY'S RIGHTS-OF-WAY AS DEPICTED IN EXHIBIT "A", ATTACHED
AND INCORPORATED ("TOTAL UNDERLINE PROJECT IMPROVEMENTS
AREA WITHIN THE CITY'S RIGHTS-OF-WAY"); PROVIDED THAT THERE
ARE NO COSTS TO THE CITY INVOLVED, FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, ANY AND ALL SUPPLEMENTS AND
AMENDMENTS TO THE INTERLOCAL AGREEMENT FOR THE TOTAI-..
UNDERLINE PROJECT IMPROVEMENTS AREA WITHIN THE CITY'S
RIGHTS-OF-WAY; FURTHER PROVIDING AND REQUIRING THAT ANY
FUTURE PROPOSED COSTS TO THE CITY UNDER ANY SUPPLEMENT OR
AMENDMENT TO THE INTERLOCAL AGREEMENT SHALL REQUIRE CITY
COMMISSION APPROVAL; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami -Dade County ("County") has requested permission to implement and
maintain select improvements related to the elements of the Underline open space recreational
project ("Underline Project Improvements") to be generally located on the City of Miami's ("City")
Rights -of -Way along the Rapid Transit Zone within the public road rights-of-way (excluding the
presently existing Miami -Dade Transit Metrorail corridor itself) from the south side of the Miami
River to the City's southern boundary at approximately the intersection of Orange Street and
SW 38 Avenue, more particularly depicted in Exhibit "A," attached and incorporated ("Total
Underline Project Improvements Area within the City's Rights -of -Way"); and
WHEREAS, the City and County are mutually desirous of providing for the
implementation and maintenance of the Underline Project Improvements within the Total
Underline Improvements Area within the City's Rights -of -Way by entering into a Master
Underline Maintenance Interlocal Agreement ("Interlocal Agreement") pursuant to Section
163.01, Florida Statutes; and
WHEREAS, the initial portion of the Underline Project Improvements, known as the
"Brickell Backyard," is set forth in Exhibit "A-1," attached and incorporated, representing work to
be undertaken by the County from the south side of the Miami River to the south side of Coral
Way (SW 13 Street) within the Total Underline Project Improvement Area within the City's
Rights -of -Way; and
City of Miami Page 9 of 4 File ID: 6237 (Revision:) Printed On: 9/6/2020
File 1D: 6237 Enactment Number: R-19-0333
WHEREAS, from time to time, the County and the City may need to add subsequent
portions of the Underline Project Improvements within the Total Underline Project Improvements
Area within the City's Rights -of -Way by supplementing and adding to the Interlocal Agreement
new exhibits as work progresses; and
WHEREAS, the Federal Transit Administration has issued a letter of consent for the
overall Underline project, attached and incorporated as Exhibit "B"; and
WHEREAS, as a further demonstration of the City's funding support for the Underline
Project Improvements to be undertaken by the County within the Total Underline Project
Improvements Area within the City's Rights -of -Way, the City Commission previously passed
Resolution Nos. R-15-0371 adopted September 10, 2015, R-16-0409 adopted September 8,
2016, and R-17-0143 adopted March 23, 2017; and
WHEREAS, the City and the County desire to enter into the Interlocal Agreement
allowing the County to implement and maintain the Underline Project Improvements within the
Total Underline Projects Improvements Area within the City's Rights -of -Way; and
WHEREAS, the Board of County Commissioners by a future resolution will consider
authorizing the County to enter into the Interlocal Agreement and authorizing the County Mayor
to undertake, from time to time, the necessary project supplements and amendments to the
Interlocal Agreement; and
WHEREAS, it is in the bests in interests of the City for the City Commission to authorize
the City Manager to negotiate and execute, in a form acceptable to the City Attorney, the
Interlocal Agreement and, providing that there are no costs to the City, from time to time the
necessary Underline Project Improvements supplements and amendments to the Interlocal
Agreement for the Total Underline Projects Improvements Area within the City's Rights -of -Way,
and to provide and require that any proposed costs to the City be approved by the City
Commission;
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 authorized to negotiate and execute, in a form
acceptable to the City Attorney, an Interlocal Agreement between the City and the County for
the improvements to be undertaken by the County for the Underline Project Improvements to be
generally located on the City's Rights -of -Way as depicted in Exhibit "A", attached and
incorporated.
Section 3. Provided that there are no costs to the City involved, the City Manager is
further authorized to negotiate and execute, in a form acceptable to the City Attorney, any and
all supplements and amendments to the Interlocal Agreement for the Total Underline Project
within the City's Rights -of -Way.
Section 4. This Resolution further provides and requires that any future proposed costs
to the City under any supplement or amendment to the Interlocal Agreement shall require City
Commission approval.
City of Miami Page 2 of 4 File ID: 6237 (Revision: ) Printed on: 9/6/2020
File 1R: 6237
Eriartment Number: R-18-0333
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.
{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.
{2} 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.
City of Miami Page 3 of Fife ID: 5237 (Revision.,) Prinfed on: f/6/2020
File ID.. 6237
Enactment Dumber: R•19-0333
Exhibit A — Total Underline Project Improvements Area within the City's Rights -of -Way
Exhibit A -'I Brickell Backyard
Exhibit B- Federal Transit Administration Consent Letter
Composite Exhibit C — Board of County Commissioners Resolution and City
Commission Resolution No, R -19 -
APPROVED AS TO FORM AND CORRECTNESS;
ftchez,
riatrira4i y ttor ey 8/30/2019
City of Miami Page 4 of 4 File ID; 6237 (Revision:) Printed on: 11612020
Fife Number: 6237
City of Miami
Legislation
Resolution: R-19-0333
City Hail
3500 Pan American Drive
Miami, FL 33133
www.m[amigov.com
Final Action Date: 911212019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, A MASTER UNDERLINE
MAINTENANCE INTERLOCAL AGREEMENT ("INTERLOCAL AGREEMENT")
BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI--DADE COUNTY
("COUNTY") FOR THE IMPROVEMENTS TO BE UNDERTAKEN BY THE
COUNTY FOR THE UNDERLINE OPEN SPACE RECREATIONAL PROJECT
("UNDERLINE PROJECT IMPROVEMENTS") TO BE GENERALLY LOCATED
ON THE CITY'S RIGHTS-OF-WAY AS DEPICTED IN EXHIBIT "A", ATTACHED
AND INCORPORATED ("TOTAL UNDERLINE PROJECT IMPROVEMENTS
AREA WITHIN THE CITY'S RIGHTS-OF-WAY"); PROVIDED THAT THERE
ARE NO COSTS TO THE CITY INVOLVED, FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, ANY AND ALL SUPPLEMENTS AND
AMENDMENTS TO THE INTERLOCAL AGREEMENT FOR THE TOTAL.
UNDERLINE PROJECT IMPROVEMENTS AREA WITHIN THE CITY'S
RIGHTS-OF-WAY; FURTHER PROVIDING AND REQUIRING THAT ANY
FUTURE PROPOSED COSTS TO THE CITY UNDER ANY SUPPLEMENT OR
AMENDMENT TO THE INTERLOCAL AGREEMENT SHALL, REQUIRE CITY
COMMISSION APPROVAL; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami -Dade County ("County") has requested permission to implement and
maintain select improvements related to the elements of the Underline open space recreational
project ("Underline Project Improvements") to be generally located on the City of Miami's ("City')
Rights -of -Way along the Rapid Transit Zone within the public road rights-of-way (excluding the
presently existing Miaml-Dade Transit Metrorail corridor itself) from the south side of the Miami
River to the City's southern boundary at approximately the intersection of Orange Street and
SW 38 Avenue, more particularly depicted in Exhibit "A," attached and incorporated ("Total
Underline Project Improvements Area within the City's Rights -of -Way"); and
WHEREAS, the City and County are mutually desirous of providing for the
implementation and maintenance of the Underline Project Improvements within the Total
Underline Improvements Area within the City's Rights -of -Way by entering into a Master
Underline Maintenance Interlocal Agreement ("Interlocal Agreement") pursuant to Section
163.01, Florida Statutes; and
WHEREAS, the initial portion of the Underline Project Improvements, known as the
"Brickell Backyard," is set forth in Exhibit "A-1," attached and incorporated, representing work to
be undertaken by the County from the south side of the Miami River to the south side of Coral
Way (SW 13 Street) within the Total Underline Project Improvement Area within the City's
Rights -of -Way; and
City of Miami Page 1 of 3 File IA: 6237 (Revision: A) Printed On. 11612020
File ID: 6237 Enactment Number: R-18-0333
WHEREAS, from time to time, the County and the City may need to add subsequent
portions of the Underline Project Improvements within the Total Underline Project Improvements
Area within the City's Rights -of -Way by supplementing and adding to the Interlocal Agreement
new exhibits as work progresses; and
WHEREAS, the Federal Transit Administration has issued a letter of consent for the
overall Underline project, attached and incorporated as Exhibit "B"; and
WHEREAS, as a further demonstration of the City's funding support for the Underline
Project Improvements to be undertaken by the County within the Total Underline Project
Improvements Area within the City's Rights -of -Way, the City Commission previously passed
Resolution Nos. R-15-0371 adopted September 19, 2015, R-16-9499 adopted September 8,
2015, and R-17-0143 adopted March 23, 2017; and
WHEREAS, the City and the County desire to enter into the Interlocal Agreement
allowing the County to implement and maintain the Underline Project Improvements within the
Total Underline Projects Improvements Area within the City's Rights -of -Way; and
WHEREAS, the Board of County Commissioners by a future resolution will consider
authorizing the County to enter into the Interlocal Agreement and authorizing the County Mayor
to undertake, from time to time, the necessary project supplements and amendments to the
Interlocal Agreement; and
WHEREAS, it is in the bests in interests of the City for the City Commission to authorize
the City Manager to negotiate and execute, in a form acceptable to the City Attorney, the
Interlocal Agreement and, providing that there are no costs to the City, from time to time the
necessary Underline Project Improvements supplements and amendments to the Interlocal
Agreement for the Total Underline Projects Improvements Area within the City's Rights -of -Way,
and to provide and require that any proposed costs to the City be approved by the City
Commission;
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 authorized' to negotiate and execute, in a form
acceptable to the City Attorney, an Interlocal' Agreement between the City and the County for
the improvements to be undertaken by the County for the Underline Project Improvements to be
generally located on the City's Rights -of -Way as depicted in Exhibit "A", attached and
incorporated.
Section 3. Provided that there are no costs to the City involved, the City Manager is
further authorized' to negotiate and execute, in a form acceptable to the City Attorney, any and
all supplements and amendments to the Interlocal Agreement for the Total Underline Project
within the City's Rights-cf-Way.
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 City Code
provisions,
City of Miami Page 2 of 3 File IR: 6237 [Revision: A] Printed on: 116/2020
File ID: 6237
Enactment Number: R-19-0333
Section 4, This Resolution further provides and requires that any future proposed costs
to the City under any supplement or amendment to the Interlocal Agreement shall require City
Commission approval.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
i ria dez, City MoTey
� 8/30/2419
2 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.
City of Miami Page 3 of 3 Fife ID: 6237 (Revision: A) Printed on: 11612020
c�
i
;W
THIS DOCUMENT IS A SUBSTITUTION.
THE ORIGINAL CAN BE SEEN AT THE
END OF THIS DOCUMENT.
.`o"�v"TiC4e
r— ,
Exhibit A-1, Page 1 of 10
MIAMF
miamidade.gav
April 18, 2018
City of Miami
Mr. Juvenal Santana
Director of Public Works Department
444 SW 2"d Ave
Miami, FL 33130
Transportation and Public Works
Office of the Director
Overtown Transit Village
701 N.W. 151 Court - 17th Floor
Mlarnl, Florida 33,136
Re: Maintenance Agreement between the City of Miami and Miami -Dade County
Improvements within the City of Miami Bight -of -Way between the Miami fiver and
SW 13th Street.
Dear Mr. Santana,
This document provides a detailed list of the improvements for implementation and
maintenance by Miami -Dade County in relation to The Underline Project — Phase 1
between the Miami River and SW 131h Street.
The list below correlates to the diagrams accompanying this list.
1. Three (3) — 30" PVC Drain Basins (5-34, 5-35 and 5-36) with H-10 pedestrian grates
as shown on :sheet C-506
2, 40 LF of 15" HDPE storm pipe and fittings between 5-34 and DW -6 as shown
on sheet C-506
3. One (1) - Drainage Well (DW -6) 6'W X 8' L X 9.1'1-1 baffled structure with
manhole covers and 24" steel casing as shown on sheet C-506
4. 255 LF of 15" HDPE storm pipe and fittings between DW -6 and 5-39 as shown
on sheet C-506
5. A Total of 10,271 sf in sidewalk geometry burrip-outs:
i. 470 sf at the northeast corner of SW7th Street. The bUrnp out includes
a new sidewalk, ADA Tactile warning strips at ramps and Underline
pavement markings as Illustrated on sheet L-101.
ii. 3,196 sf along the eastern edge of SW 1st Court between SW8th to
SW7th Streets. Bump out includes a new 5 -foot wide sidewalk, a new
planting bed with palm trees and understory planting, ADA Tactile
warning strips at ramps and Underline pavement markings. Two FPL
pales will be relocated to this area. See l__-102.
Exhibit A-1, Pagc 2 of 10
.,@, �ti __.pg �.....,
Mit�1�#t-yamE ,
s r '
Mr. Juvenal Santana
Page 2
Transportation send Public Works
Office of the Director
Overtown Transit Village
701 N.W. 1St Court e 17th Floor
Miami, Florida 33136
iii. 6,320 sf of along the eastern edge of SW V COUrt between SW 10th
and SWI 1th Streets. Bump out includes a new sidewalk, a new planting
beds with trees and understory planting, Underline pavement markings
and a very small portion of the Underline path including a ramp to
connect to future on -road bicycle lanes. Area also includes 4 dedicated
parking spaces for MDT personnel. See sheets L-104 and L-105.
iv. 285 sf of new sidewalk along southern edge of SW13th Street. See
sheet: L-107.
6. Replacement in kind of 1580 sf sidewalk along western edge of SW'I st Ave and
the in introduction of 418 sf of new planting bed with three trees and understory
planting within this sidewalk. See sheet L-102.
7. 318 SF of new planting and soils and two boulders located between the MDT
ROW and the existing Southside Park fence. See sheet L-106.
8. 76 SF of a concrete walkway connecting SW12th Street to the Underline path,
surrounded by 284 sf of new planting. See sheet L-107.
These items will be maintenance by Miami -Dade County until that responsibility is
assumed by a third party or until the Maintenance Agreement is terminated.
Please review the list and accompanying diagrams. Once your review is complete,
please let us know so that we can incorporate these items as part of the
Maintenance Agreement for the, on-going Underline Project.
Sincerely,
r1Jefne Hegedus of Transportation Enhancements
Miami -Dade County
Department of Transportation and public Works
701 NW 161 Court, Suite 1700
Miami, Florida 33,136
786-469-5395
ihegedus@mlarnidade.gov
Exhibit A -i, Page 3 of iU
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SEE SHEET C-507
•TFEUNDERLINE -PHASE1
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Exhibit A-1, Page 10 of 10
G)
0
THE UNDERLING PHASES
FINAL WN$TRUCTION DOCUMENTS
LM1 Owls] wawa. kW4 Rmmqq M
IL
MIAMI.DE
miamidade,gov
April 18, 2018
City of Miami
Mr. Juvenal Santana
Director of Public Works Department
444 SW 2"d Ave
Miami, FL 33134
SUBSTITUTED.
Transportation and Public W ks
Office of the 131 2or
Overlown Transi ilfa0e
701 N.W. V Court - rth Floor
Miami, F19fida 33136
Re: Maintenance Agreement between the City of Miam'and Miami -Dade County
Improvements within the City of Miami Right -off y between the Miami River and
$W 13th Street.
Dear Mr. Santana"
This document provides a detailed list of t/he' provements for implementation and
maintenance by Miami -Dade County in rel on to The Underline Project --Phase 1
between the Miami River and SW 131h Str et.
The list below correlates to the diagrapis accompanying this list.
2.
3.
4.
5.
Three (3) -- 30" PVC Dra
as shown on sheet C-50
40 LF of 15" HDPE
on sheet C-506
ins (5-34, S-35 and S-36) with H-10 pedestrian grates
rm pipe and fittings between S-34 and DW -6 as shown
ane (1 )- Draina Well (DIN -6) — 6"W X 8'L X 9XH baffled structure with
manhole cover and 24" steel casing as shown on sheet C-506
255 LF of 15" DPE storm pipe and fittings between DW -6 and S-39 as shown
on sheet C- 06
A Total of 0,271 sf in sidewalk geometry bump -guts:
i. 0 sf at the northeast comer of SW7th Street. The bump out includes
a new sidewalk, ADA Tactile warning strips at ramps and Underline
pavement markings as illustrated on sheet L-101.
i. 3,196 sf along the eastern edge of SW 1"Court between 5W8th to
SW7th Streets. Bump out includes a new 5 -foot wide sidewalk, a new
planting bed with palm trees and understory planting, ADA Tactile
warning strips at ramps and Underline pavement markings. Two FPL
poles will be relocated to this area. See L-102.
MI�AMI•CIp►DE
4 R, .
Mr. Juvenal Santana
Page 2
SUBSTITUTED.
Transportation and Public W9AS
Office of the Dir..ctor
Overtown Transit Iliage
701 NW154 Court 4 1' th door
Miami, Flo da 33136
iii, 6,320 sf of along the eastern edge of SW 1st Court be een SW 10th
and SW`l1th Streets. Rump out includes a new siciew alk, a new planting
beds with tree: and understory planting, Underlineavement markings
and a very small portion of the Underline; path in uding a ramp to
connect to future on -road bicycle lanes. Area� so includes 4 dedicated
parking spaces for MDT personnel. See sheet's L-104 and L-105.
iv. 285 sf of new sidewalk alone southern edg of SW13th Street. See
sheets L-107.
6. Replacement in kind of 1580 sf sidewalk along estern edgo of SW15t Ave and
the in introduction of 418 sf of new planting b with three trees and understory
planting within this sidewalk. See sheet L-1 2.
7. 318 SF of new planting and soils and two oulders located between the MDT
ROW and the existing Southside Park f ce. See sheet L-106.
8. 76 SF of a concrete walkway connecti _iSW'i 2th Street to the Underline path,
surrounded by 284 sf of new plantin, . See sheet L-107.
These items will be maintenance by Warni-Dade County until that responsibility is
assumed by a third party or until thvMaintenence Agreement is terminated.
Please review the list and acca panying diagrams. Once your review is complete,
please let us know so that we an incorporate these items as part of the
Maintenance Agreement forJhe on -doing Underline Project.
Sinc rely,
I ne Hegedus
filef of Trans, ortat
Miami -Dad ounty
on Enhancements
Departme t of Transportation and Public Work:
701 NW st Court, Suite 1700
Miami lorida 33186
786-/069-5335
ihe�edus@miamidade.gov