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A RESOLUTION OF THE MIAMI CITY COMMISSION,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI,
THE DOWNTOWN DEVELOPMENT AUTHORITY, MIAMI-
DADE COUNTY, AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE PURPOSE OF SETTING
FORTH THE TERMS AND CONDITIONS THE PARTIES
INTEND TO DEVELOP AND IMPLEMENT THE DOWNTOWN
FLAGLER STREET CORRIDOR IMPROVEMENT PROJECT.
WHEREAS, the Department of Real Estate and Economic
Development recommends that the City of Miami enter into a
Memorandum of Understanding ("Memorandum") for the Downtown
Flagler Street Corridor Improvement Project ("Project"); and
WHEREAS, the Project is divided into four components:
two-way conversion of Flagler Street, the establishment of a
transit mall, implementation of a shuttle bus system and
streetscape enhancements; and
WHEREAS, the. intent of the Memorandum is for each local
governmental unit to make the most efficient use of its powers by
enabling cooperation with other localities to jointly provide
facilities in a mutually advantageous manner that will best meet
the needs of the local communities; and
7'
CITY COrdMSSION
MEETLNIG OF,
J U N 2 9 2000
Iiesoiution
o u 4 1.
WHEREAS, the City of Miami, the Downtown Development
Authority, Miami -Dade County, and the Florida Department of
Transportation have deemed that the development of the Project,
as defined in the Memorandum, is in the best public interest of
the parties and within each jurisdiction; and
WHEREAS, the parties to the Memorandum plan to develop the
Project in phases, based upon availability of funds, and to enter
into agreement(s) for the Project or phases as funding becomes
available; and
WHEREAS, the purpose of the Memorandum is to set forth the
terms and conditions the parties intend to develop and implement
the Project:
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized" to
execute a Memorandum of Understanding, in substantially the
attached form, between the City of Miami, the Downtown
Development Authority, Miami -Dade County, and the Florida
Department of Transportation for the purpose of setting forth the
terms and conditions pursuant to which the parties intend to
�i 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.
Page 2 of 3 00— 541
develop and implement the Downtown Flagler Street Corridor
Improvement Project.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 29th day of June , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
Ibis legislation by signing it in the designated place provided, said legislation now
becornes effective with the elapse of ten (10) days fro he date Commi ' acton
m9anling same, without the Mayor exer in et .
ATTEST: Wa er J. Clerk
WALTER J. FOEMAN
CITY CLERK)
APPROVED AS T
JANDRO VILAREL
YZATTORNEY
473:RCL
RM AND CORRECTNESS:tj
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.
Page 3 of 3
0 V 1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("Understanding"), dated this day of
,. 2000, is made by and among the City of Miami, a municipal corporation of
the State of Florida (the "City"), The Downtown Development Authority of the City of Miami, a
Florida body corporate (the "DDA"), Miami- Dade:County, a political subdivision of the State of
Florida (the "County") and The Florida Department of Transportation, an agency of the State of
Florida (the "FDOT").
RECITALS
A. The intent of this Memorandum of Understanding is for the local governmental
units to make the most efficient use of their powers by enabling them to cooperate with other
localities on a basis of mutual advantage to jointly provide facilities in a manner that will accord
best with the needs of the local communities.
B. The City, the DDA, the County and FDOT have deemed that the development of
the Downtown Flagler Street Corridor Improvement Project (the "Project"), as defined herein, is
in the best public interest of the parties and within their jurisdiction.
C. FDOT has jurisdiction over certain streets included in the Project and wishes to
assist the City, DDA and the County in the implementation of the Project, to the extent of the
streets under FDOT jurisdiction.
D. The parties to this Agreement plan to develop the Project in phases depending
upon availability of funds and to enter into Agreements for the Project or phases thereof as the
funding becomes available.
The City, DDA, the County and FDOT intend as follows:
ARTICLE 1
PURPOSE AND BACKGROUND
The.purpose of this Understanding is to set forth the terms and conditions pursuant to
which the parties intend to develop and implement the Project.
ARTICLE 2
THE PROJECT
Section 2.1 General Description: The Project consists of the conversion of Flagler Street
into a two-way corridor and the appurtenant roadway and streetscape improvements. The Project
also contemplates the rerouting of delivery trucks and buses to alternate street and the
implementation of a Shuttle Bus System in order to increase pedestrian traffic. The Project is
intended to increase the vitality of the Flagler Street vicinity by addressing operational needs
00- 544.
such as traffic circulation, pedestrian movement and improved intermodal connections with
parking and transit, as well as define an architectural identity.
Section 2.2 Components: In order to facilitate its development and funding, the Project,
which extends from River Drive to Biscayne Boulevard and from South 1 s` Street to North 1 S'
Street, can be divided into four (4) components:
Two (2) way conversion of Flagler Street
Transit mall
Shuttle Bus
Streetscape Enhancement
Section 2.3 Phases: The implementation of the Project may be classified into three (3)
phases: (1) Design & Engineering, (2) Bidding and Construction and (3) Maintenance. Each
component shall have a separate bid package with the corresponding plans and bid specifications
to facilitate the bidding of each component separately, if needed. The administrative, operational
and funding responsibilities of the parties hereto under each phase are outlined hereunder.
Section 2.4 Parties Responsibilities: The parties hereto understand that the source of
funding and the administrative responsibility for development of the Project varies depending on
the component. The intent of this document is to outline the administrative, operational and
funding responsibilities of each party to this Understanding, which are outlined hereunder.
ARTICLE 3
DESIGN & ENGINEERING PHASE
Section 3.1 Carr Smith Associates Agreement: The Design and Engineering Phase of the
Project will be performed by the Architectural firm Carr Smith Associates ("Carr Smith")
pursuant to a Professional Services. Agreement to be entered into between Carr Smith, as
Consultant and DDA as the Client, a copy of which is attached hereto as Exhibit "A" (the
"Consultant Agreement").
Section 3.2 Funding: The estimated cost of the work to be performed under the Design &
Engineering Phase is $576,000, $300,000 of which shall be funded by FDOT, under a Joint
Participation Agreement with DDA dated November 6, 1999, and $276,000 of which shall be
funded by the City under a CDBG contract with DDA dated November 22, 1999.
Section 3.3 DDA's Role: During the Design & Engineering Phase DDA shall be the project
administrator. DDA shall be responsible for coordinating all activities, monitoring all record
keeping requirements, and processing payments to the Consultant in accordance with the
Consultant Agreement. FDOT and the City agree to reimburse DDA for all costs and payments
to the Consultant, in accordance with their respective agreements.
Section 3.4 Participation of County, City and FDOT: The parties hereto acknowledge that
the Project is a joint project and requires the participation of all parties to this Understanding.
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Accordingly, each party agrees to designate a representative(s) to act on each party's behalf
during each phase of the Project. The responsibility of each participant shall include attendance
at meeting, review and approval of submittals, including payments to consultants, and providing
input, as needed. The responsibilities associated with the parties' participation during each phase
of the Project shall be set forth in an Exhibit, to be approved by all parties, before the
commencement of each phase of the Project.
ARTICLE 4
BIDDING AND CONSTRUCTION
Section 4.1 Generally: Upon completion of the Design & Engineering Phase, DDA will
cease its responsibilities as Project Administrator for the entire Project and the County will
assume all such responsibilities except for the Streetscape component of the Project, which will
continue to be administered by DDA.
Section 4.2 Bidding & Construction Phase: The County will be responsible for solicitation
of bid(s), bid award(s), contracting and, except as provided in Section 4.3 below, the
administration and supervision of construction of all components of the Project. The total
estimated cost of administration and supervision services to be provided by the County for all
components of the Project is $750,000, which shall be paid in cash or in-kind contribution by the
DDA or the City. The County will not proceed with the Request to Advertise for Bids on any of
the components of the Project until the complete amount of funds for that specific component,
including the cost of administration and supervision, is available and transferred to the County.
In the event that the responsive low bid is higher than the construction cost estimate and
available funds for that component, the DDA and the City will either identify additional funds in
order to award the Project or make the necessary changes to bring the Project within budget.
Prior to bidding, the County, the City and DDA will identify the items that might be subject to
deletion, as contemplated in the preceding sentence. Each Project component shall be prepared
by the Engineering Consultant as a separate bid package. The County shall bid each component
of the Project separately in order to facilitate its development based on availability of funds, and
shall award the bid(s) for each component of the Project as funds become available. The County
shall be responsible for the evaluation and award of bids and preparation and execution of
contract documents. The County shall include, as part of the bid requirements, the establishment
and maintenance of a traffic plan during construction, as included in the project design plans, in
order to minimize impact to businesses in the Miami downtown area. Except as provided in
Section 4.3 below, the County shall supervise the construction of all the components of the
Project. In the event that additional cost change orders are required during construction, the
DDA and the City shall identify funding prior, and as a condition, to the approval of such change
orders. The County's supervisory responsibilities will be specifically defined in agreement(s)
entered into by the County in furtherance of carrying out this Understanding.
Section 4.3 Streetscape Component: The parties acknowledge that the County does not
have the expertise to supervise the construction of the Streetscape component of the Project and
has asked DDA to do so. The parties have agreed that construction of this component shall be
supervised by WRT, a sub consultant of Carr Smith, in accordance with the provisions of the
3
Consultant Agreement or by such other sub consultant as may be agreed upon by DDA and the
County.
Section 4.4. Participation of City, FDOT and DDA: The City, the FDOT and the DDA shall
each designate a representative(s) to act on each party's behalf during the Construction phase of
the Project. The responsibility of each participant shall include attendance at meeting, review
and approval of submittals and providing input in connection with the County's obligations on
this phase of the Project, as needed. The responsibilities associated with the parties' participation
during each phase of the Project shall be set forth in an Agreement, to be approved by all parties,
before the commencement of the Bidding and Construction phase. Additionally, DDA shall be
the participant responsible for coordinating information to property owners and businesses in the
Miami downtown area in order to minimize the impact to said owners and businesses during
construction of the Project.
ARTICLE 5
FUNDING
Section 5.1 Generally: Given the importance of this Project, the parties hereto have
committed, or anticipate committing funds for the Project from various sources. As of the date
of this Agreement, funding for each component of the Project is committed or anticipated as
follows:
Section 5.2 Design and Engineering Phase: The cost of this phase has been estimated at
$576,000. Funds for this portion of the Project have already been committed as follows:
A. $300,000 from FDOT in accordance with the Joint Participation
Agreement described in Section 3.2 above; and
B. $276,000 from Community Development Grant Funds through the City,
in accordance with the CDBG contract described in Section 3.2 above.
Section 5.3 Construction Phase: The total estimated construction cost of all components of
the Project` is $8.2 million dollars. To this date, funding has been committed or is anticipated as
follows:
A. Two -Way Conversion of Flagler Street: The total estimated cost of this
component is $2,400,000, to be funded as follows:
(i) $500,000 has been approved by the County as part of the
Transportation Improvement Program of the Metropolitan
Planning Organization of Dade County ("MPO").
$1,900,000 has been programmed by the FDOT under its Work
Program for fiscal year 2001. FDOT agrees to use its best efforts
to have said funds allocated in fiscal year 2001.
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00- 541
B. Transit Mall: The total estimated cost of this component is $760,000.
Construction of this component is to be funded by the Miami Dade Transit
Agency ("MDTA"), which has already committed and approved $300,000.
The County will use its best efforts to have the remaining $460,000
allocated to the MDTA from MPO or other sources, to be determined by
the County, not later than fiscal year ending 2001.
C. Shuttle Bus: Funding for this component has not yet been determined.
However, the parties hereto recognize the importance of this component
and agree to use their best efforts to allocate funds for this purpose. The
County's MPO has prepared a study for the Downtown Shuttle Program
which recommends the program as well as funding sources. The parties
agree to cooperate in the identification of funding sources for this
component of the Project.
D. Streetscape Enhancement: The total estimated cost of this component is
$3,875,000, and consists of (i) Street trees and sideways and (ii) CPTED
(pedestrian street lighting, etc.). Funding for this component is committed
or anticipated as follows:
(i) Street trees and sideways: $1,.744,000, to be funded by the City,
of which $744,000 has already been committed as follows:
a. $244,000 CDBG funds under the CDBG Grant Agreement
described in Section 3.2 hereof.
b. $500,000 under amendment to the CDBG Grant Agreement
pending execution no later than December 2000.
The City agrees to use its best efforts to identify funding source(s)
for the remaining $1,000,000 not later than June 2001.
(ii) CPTED: The anticipated cost of this potion of the Streetscape
Enhancement component is $1,875,000. DDA has heretofore submitted a
grant application to the Miami Dade Metropolitan Planning Organization
for the appropriate funds. The County and the FDOT agree to use their
best efforts to process and approve the grant application by not later than
January 2001. The parties agree to cooperate with each other in
identifying other funding source(s) for this amount.
Section 5.4: Nothing in this Memorandum of Understanding shall be construed to violate the
provisions of section 339.Y35(6)(a), Florida Statutes (1999), which provides as follows:
67
.. 00-- 54.E
The Department, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection, is
null and void and no money may be paid on such contract. The
Department shall require a statement from the Comptroller of the
Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of a contract for periods
exceeding one year, but any contract so made shall be executory
only for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years' and this paragraph shall be
incorporated verbatim in all contracts of the Department which are
for an amount in excess of $25,000 and which have a term for a
period of more than one year.
ARTICLE 6
MAINTENANCE
Upon completion of the "Two-way conversion of Flagler Street" component of the Project, the
jurisdictional responsibility and roadway maintenance responsibilities for Flagler Street will be
transferred from FDOT to the City.
ARTICLE 7
MISCELLANEOUS
Section 7.1 Relationship of the Parties: Nothing contained in this Agreement shall be
deemed or construed to create between the parties a relationship of principal and agent or of a
joint venture or of any other association.
Section 7.2 Notices: All Notices, consents and communications required or permitted by
this Understanding shall be in writing and transmitted by hand delivery, registered or certified
mail, return receipt requested, with Notice deemed to be given upon receipt, if hand -delivered, or
five (5) days after deposited in the U.S. mail, if mailed, addressed as follows:
To the County:
Attn:
To the City:
Attn:
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With a copy to:
Dade County Attorney
Metro Dade Center
111 N. W. 1 st Street,
Suite 2810
Miami, Florida 33128
To the FDOT:
District General Counsel
1000 N. W. 111 Avenue
Suite 6207, Miami 33172
Attn:
With a copy to:
•
City Attorney
Miami Riverside Center
444 S.W. 2"d Avenue
Suite 940
Miami, Florida 33130
To the DDA:
Attn:
City Attorney
Miami Riverside Center
444 S.W. 2"d Avenue
Suite 940
Miami, Florida 33130
Section 7.3 Counterparts: This Memorandum of Understanding may be executed in two or
more counterparts, each of which shall constitute an original, but all of which, when taken
together, shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed as of the date and year first above written.
Attest:
Walter J. Foeman, City Clerk
Attest:
ME
Secretary
City of Miami
Carlos Gimenez, City Manager
Downtown Development Authority
By:
Patricia Allen, Executive Director
7
Attest: Miami -Dade County
By: By:
Attest Florida Department of Transportation
By: By:
Approved as to Form and Correctness:
City Attorney
MOT Attorney
County Attorney
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no- 541
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Members of the City Commission
City Manager
RECOMMENDA'T'ION
� 18
DATE: JUN I 4 2000 FILE:
SUBJECT:
Flagler Street Corridor Project/
Memorandum of Understanding
REFERENCES:
For City Commission Meeting
ENCLOSURES: of June 29", 2000
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute the attached Memorandum of Understanding (the
"Agreement") among the City of Miami, the Downtown Development Authority, Miami -
Dade County, and the Florida Department of Transportation for the purpose of setting forth
the terms and conditions pursuant to which the parties intend to develop the Downtown
Flagler Street Corridor Improvement Project.
BACKGROUND
The Department of Real Estate and Economic Development is assisting in coordinating the
review and execution of the attached Agreement.
The Downtown Flagler Street Corridor Improvement Project (the "Project") is intended to
increase the vitality of the Flagler Street vicinity by addressing the operational needs such
as traffic circulation, pedestrian movement and improved intermodal connections with
parking and transit, as well as define an architectural identity. The Project extends from
River Drive to Biscayne Boulevard and from South 1st Street to North 1st Street. The
Project is divided into four components: two-way conversion of Flagler Street;
establishment of a transit mall; implementation. of a shuttle bus system; and, streetscape
enhancements.
The source of funding and the administrative responsibility for development of the Project
varies depending on the component. The intent of the attached Agreement is to outline the
administrative, operation and funding responsibilities of each party to the Agreement.. The
Agreement provides, among other things, for the City of Miami and other parties to the
Agreement to use best efforts to identify funds for portions of the Project. The parties
involved include the City of Miami, the Downtown Development Authority ("DDA"),
Miami -Dade County, and the Florida Department of Transportation ("FDOT").. The Project
will be developed in phases, depending upon availability of funds.
The Honorable Mayor and
Members ofthe.City Commission
Page Two
The design and engineering phase of the Project will be performed by the architectural firm
of Carr Smith Associates under an agreement with the DDA. The cost of the work is
estimated to be $576,000—funded $300,000 by the FDOT and 276,000 by the City of
Miami under 'a Community Development Block. Grant ("CDBG") contract with the DDA
dated November 22nd, 1999.
Administration of the second phase of the Project, bidding and construction, shall be the
responsibility of Miami -Dade County, except for .the streetscape component which shall
continue to be administered by the DDA. The total cost of services -to be provided by the
County is $750,000 which shall be paid in cash or by in-kind contribution by the DDA or
the City.
The total estimated construction cost of all components of the Project is $8.2 million.
Funding has been committed or is anticipated for a majority of the work, as detailed in the
attached Agreement. The City has responsibility for funding a portion of the construction
of the streetscape enhancement component estimated at $3,875,000. The City's total
funding obligation for its portion of this component is $1,744,000, of which $744,000 has
already been committed—$244,000 from CDBG funds under said November 2,2 , 1999
grant agreement and $500,000 under an amendment to the CDBG grant agreement pending
execution no later than December 2000. The Agreement states that the City agrees to use
its best efforts to identify funding source(s) for the remaining $1,000,000.
Upon completion of q the two-way conversion of Flagler Street, the, jurisdictional
responsibility and roadway. maintenance responsibilities for Flagler Street shall be
transferred from FDOT to the City .of Miami.
It is recommended that the City Commission adopt the attached Resolution authorizing the
City Manager to execute the Memorandum of Understanding Agreement so that
implementation of the Downtown Flagler Street Corridor Improvement Project may
proceed.
CAG/GIC/ED/AW
541