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HomeMy WebLinkAboutExhibit 1AMENDMENT NUMBER 1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND MIDTOWN COMMUNITY DEVELOPMENT DISTRICT FOR THE MIAMI STREETCAR PROJECT WITHIN THE .MIDTOWN MIAMI PROJECT This document is Amendment No.1 (the "Amendment") to the Interlocal Agreement ("Agreement") for the purpose of providing funds to construct the underground infrastructure and provide related engineering services to accommodate the Miami Streetcar Project within the Midtown Miami Project, entered into between the parties on or about April 14, 2005, is entered into this day of , 2005, by and between the City of Miami, a municipal corporation of the State of Florida ("City„) and Midtown Miami Community Development District, a local unit of special purpose government ("District"). WHEREAS, pursuant to Resolution R-05-0102, the City Commission on Febniary 10, 2005, authorized the City to expend $1,163,000 to provide engineering of elements of the Miami Streetcar Project and modifications to utilities to accommodate the Miami Streetcar Project within Midtown :Miami in the manner provided by the Agreement and required by law; and WHEREAS, the Agreement authorized engineering design services to determine the elements of the Miami Streetcar Project to be constructed as part of the infrastructure development within Midtown Miami; and WHEREAS, the City's Department of CIP and Transportation has determined that construction of certain elements of the Miami Streetcar within the District is warranted to avoid impacts that would occur in the future from construction of the streetcar project; and WHEREAS, the Amendment No. 1 authorizes the City Manager to approve a funding allocation for an amount not to exceed S3,758,378; and WHEREAS, the District agrees to provide the necessary construction, and under the terms and conditions set forth in this Agreement, as amended, and the applicable City of Miami laws, rules, regulations and written directives; and NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained this agreement, the City and District hereby agree to amend the Agreement as follows: ARTICLE I DEFINITIONS 1) Section 1.1 Definitions is modified to read as follows: a) "Project" is modified with the additional text to read as follows: ... and (iii) the construction for the Underground Infrastructure and Related Engineering Services as outlined in Exhibit C, to be provided by the District, and/or their agents, representatives or contractors, with the financial contribution to be made by the City to the District. Page 1 of 3 y _ S b) Definitions is modified with the new definition to read as follows: "Underground Infrastructure and Related Engineering Services" shall mean construction for the underground power and communication conduits and poles and their foundations for the Overhead Contact System and the replacement of the existing contaminated soil under the roadway in the proposed location of the track slab to allow for the future installation of the track slab that supports the rail as defined in Exhibit C. c) Definitions is modified with the new definition to read as follows: "Underground Infrastructure and Related Engineering Services Funds" shall mean $3,758,378. ARTICLE It REPRESENTATIONS, FINDINGS 1) Section 2.3.1 is modified with the additional text to read as follows: The District shall cause to be performed and completed, the construction of Underground Infrastructure and Related Engineering Services, as further detailed in the attached Exhibit C, in connection with the underground infrastructure necessary to accommodate the Streetcar Project. 2) Section 2.3.2 is modified with the additional text to read as follows: The District shall cause to be performed and completed, the construction of Underground Infrastructure and Related Engineering Services, as further detailed in the attached Exhibit C, in accordance with applicable standard City, County and State laws, rules, regulations, design criteria and contract documents to the reasonable satisfaction of the City Manager or his designee. 3) Section 2.3.7 is modified with the additional text to read as follows: The District's contractor shall provide construction documents as outlined in Exhibit C. Should the City Commission request additions and/or modifications to the work outlined in Exhibit C that result in additional costs to the District which are clearly documented and substantiated with prior approval to be sought from the City. The District shall have no obligation to make any changes which could delay con-ipletion of the Underground Infrastructure, ARTICLE III CITY PAYMENTS OF PROJECT COSTS 1) Section 3.1.1 is modified with the additional text to read as follows: The City agrees to disburse to the District, the Underground Infrastructure and Related Engineering Services Funds as outlined in Exhibit C for a total amount not to exceed $3,758,378. The City shall not be liable for any cost, fee, expense or liability in excess of the total amount of $3,758,378 without prior written approval by the City Commission which may be refused or conditioned in the sole discretion of the City Commission and an amendment to this Agreement. The Underground Infrastructure and Related Engineering Services Funds, as outlined in Exhibit C, shall be payable by the City to the District upon receipt of actual construction invoices furnished by the District. Except as expressly amended herein, all of the terms and provisions of the Agreement, as amended, shall remain in operative force and effect. Page 2 of 3 r All Attachments and Exhibits are part of the Agreement, as amended, and are each deemed as being expressly incorporated by reference herein as if set forth in full in the Agreement, as amended. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized. ATTEST: Priscilla A. Thompson, City Clerk ATTEST: Print Name: Title: District Secretary, Board of Supervisors (Affix Seal) APPROVED AS TO LEGAL FORM AND CORRECTNESS: Jorge L. Fernandez City Attorney Page 3 of 3 "City" CITY OF MIAMI, a Municipal Corporation By: Joe Arriola, City Manager "District" MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT By: Print Name: Title: Assistant District Manager APPROVED AS TO INSURANCE REQUIREMENTS: Dania F. Carrillo Administrator, Risk Management Division • EXHIBIT `C' UNDERGROUND INFRASTRUCTURE CONSTRUCTION AND RELATED ENGINEERING SERVICES FOR THE MIAMI STREETCAR IN ACCORDANCE WITH THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE MID TOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT ICOR THE MIAMI S'T'REETCAR PROJECT WITHIN THE MIDTOWN MIAMI PROJECT. Pursuant to Amendment No. i to the Interlocal Agreement (executed April 14, 2005) between the City of Mia€ni ("City") and the Midtown Miami Community Development District ("District"), the following underground infrastructure construction and related cngineering services will be perforated for the Miami Streetcar Project within the Midtown Miami Project: Underground Power/Communication Conduits + 450 linear feet of I W4" Traction Electrification Duct Bank • 2,900 linear feet of 3W4" Traction Electrification Duct Bank • 50 linear feet of W4" Traction Electrification Duct Bank • Nine Power Supply Manholes • 100 linear feet of 2W4" Signal and Communication Duct Bank • 2,900 linear feet of 3W4" Signal and Communication Duct • Eight Signal and Communication Manholes • Cathodic Protection Systems Overhead Contact System (OCS) (Additional Pole Costs) • Twenty-seven modified Street Light Poles • Thirty Street Light/OCS Combo Poles • Four Pedestrian Lights modified to accommodate reduced OCS • Thirty-four Pedestrian Light/OCS Combo Poles • Forty-one OCS Cable Span Poles • Twelve OCS Cantilever Poles Environmental Mitigation • 10,000 Tons of Contaminated Soil • 10,000 Clean Fill Related engineering and construction administration services will also be provided for the construction of the streetcar elements including contract administration, responses to requests for information, field site visits, and other construction engineering support. Based on estimates from the Final Design plans completed in accordance with the Interlocal Agreement, it is recommended that the City allocate $3,758,378 for the construction and construction engineering support. In accordance with the Interlocal Agreement, the District will invoice the City for actual costs with payments to be made by the City to the District based upon detailed back-up provided by the District for these modifications. These costs shall not exceed S3,758,378 without prior written approval from the City. AMENDMENT NUMBER 1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND MIDTOWN COMMUNITY DEVELOPMENT DISTRICT FOR THE MIAMI STREETCAR PROJECT WITHIN THE MIDTOWN MIAMI PROJECT This document is Amendment No.1 (the "Amendment") to the Interlocal Agreement ("Agreement") for the purpose of providing funds to construct the underground infrastructure and provide related engineering services to accommodate the Miami Streetcar Project within the Midtown Miami Project, entered into between the parties on or about April 14, 2005, is entered into this day of , 2005, by and between the City of Miami, a municipal corporation of the State of Florida ("City"), and Midtown Miami Community Development District, a local unit of special purpose government ("District"). WHEREAS, pursuant to Resolution R-05-0102, the City Commission on February 10, 2005, authorized the City to expend $1,163,000 to provide engineering of elements of the Miami Streetcar Project and modifications to utilities to accommodate the Miami Streetcar Project within Midtown Miami in the manner provided by the Agreement and required by law; and WHEREAS, the Agreement authorized engineering design services to determine the elements of the Miami Streetcar Project to be constructed as part of the infrastructure development within Midtown Miami; and WHEREAS, the City's Department of CIP and Transportation has determined that construction of certain elements of the Miami Streetcar within the District is warranted to avoid impacts that would occur in the future from construction of the streetcar project; and WHEREAS, the Amendment No. 1 authorizes the City Manager to approve a funding allocation for an amount not to exceed $6,921,405; and WHEREAS, the District agrees to provide the necessary construction, and under the terms and conditions set forth in this Agreement, as amended, and the applicable City of Miami laws, rules, regulations and written directives; and NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained this agreement, the City and District hereby agree to amend the Agreement as follows: ARTICLE I DEFINITIONS 1) Section 1.1 Definitions is modified to read as follows: a) "Project" is modified with the additional text to read as follows: ... and (iii) the construction for the Underground Infrastructure and Related Engineering Services as outlined in Exhibit C, to be provided by the District, and/or their agents, representatives or contractors, with the financial contribution to be made by the City to the District. Page t of 3 b) Definitions is modified with the new definition to read as follows: "Underground Infrastructure and Related Engineering Services" shall mean construction for the underground power and communication conduits and poles and their foundations for the Overhead Contact System and the replacement of the existing contaminated soil under the roadway in the proposed location of the track slab to allow for the future installation of the track slab that supports the rail as defined in Exhibit C. c) Definitions is modified with the new definition to read as follows: "Underground Infrastructure and Related Engineering Services Funds" shall mean $6,921,405. ARTICLE II REPRESENTATIONS, FINDINGS 1) Section 2.3.1 is modified with the additional text to read as follows: The District shall cause to be performed and completed, the construction of Underground Infrastructure and Related Engineering Services, as further detailed in the attached Exhibit C, in connection with the underground infrastructure necessary to accommodate the Streetcar Project. 2) Section 2.3.2 is modified with the additional text to read as follows: The District shall cause to be performed and completed, the construction of Underground Infrastructure and Related Engineering Services, as further detailed in the attached Exhibit C, in accordance with applicable standard City, County and State laws, rules, regulations, design criteria and contract documents to the reasonable satisfaction of the City Manager or his designee. The District shall comply with applicable competitive procurement laws, rules and regulations. 3) Section 2.3.7 is modified with the additional text to read as follows: The District's contractor shall provide construction documents as outlined in Exhibit C. Should the City Commission request additions and/or modifications to the work outlined in Exhibit C that result in additional costs to the District which are clearly documented and substantiated with prior approval to be sought from the City. The District shall have no obligation to make any changes which could delay completion of the Underground Infrastructure. ARTICLE III CITY PAYMENTS OF PROJECT COSTS 1) Section 3.1.1 is modified with the additional text to read as follows: The City agrees to disburse to the District from "B -71215D Streetcar Project -Midtown Underground Infrastructure," the Underground infrastructure and Related Engineering Services Funds as outlined in Exhibit C for a total amount not to exceed $6,921,405. The City shall not be liable for any cost, fee, expense or liability in excess of the total amount of $6,921,405 without prior written approval by the City Commission which may be refused or conditioned in the sole discretion of the City Commission and an amendment to this Agreement. The Underground Infrastructure and Related Engineering Services Funds, as outlined in Exhibit C, shall be payable by the City to the District upon receipt of actual construction invoices furnished by the District. Except as expressly amended herein, all of the terms and provisions of the Agreement, as amended, shall remain in operative force and effect. Page 2 of 3 All Attachments and Exhibits are part of the Agreement, as amended, and are each deemed as being, expressly incorporated by reference herein as if set forth in full in the Agreement, as amended. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized. ATTEST: Priscilla A. Thompson, City Clerk ATTEST: Print Name: Title: District Secretary, Board of Supervisors (Affix Seal) APPROVED AS TO LEGAL FORM AND CORRECTNESS: Jorge L. Fernandez City Attorney Page 3 of 3 CITY OF MIAMI, a Municipal Corporation ME Joe Arriola, City Manager "District" MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT By: Print Name: Title: Assistant District Manager APPROVED AS TO INSURANCE REQUIREMENTS: Dania F. Carrillo Administrator, Risk Management Division