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Resolution: R-05-0632
File Number: 05-01122 Final Action Date: 11/3/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE INTERLOCAL AGREEMENT
WITH THE MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT
("DISTRICT"), A LOCAL UNIT OF SPECIAL PURPOSE GOVERNMENT,
PURSUANT TO RESOLUTION NO. 05-0102, ADOPTED FEBRUARY 10, 2005,
FOR THE DISTRICT TO FURTHER PROVIDE THE CONSTRUCTION OF
UNDERGROUND INFRASTRUCTURE AND RELATED ENGINEERING SERVICES
TO ACCOMMODATE THE MIAMI STREETCAR PROJECT WITHIN THE MIDTOWN
MIAMI PROJECT, IN THE TOTAL AMOUNT NOT TO EXCEED $3,758,378;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341330,
"B -71215D STREETCAR PROJECT -MIDTOWN UNDERGROUND
INFRASTRUCTURE."
WHEREAS, pursuant to Resolution No. 03-135, adopted November 13, 2003, the City Commission
supported the petition submitted to the Miami -Dade County Commission by Biscayne Development
Partners, LLC, to create the Midtown Miami Community Development District ("District"); and
WHEREAS, the District was created by the County pursuant to Ordinance No. 03-271, adopted by
the Board of County Commissioners December 16, 2003 and effective on December 26, 2003, as a
local unit of special purpose government for the purpose of delivering certain community development
services and facilities within and outside the boundaries of the District; and
WHEREAS, the District began to undertake the design, acquisition and construction of certain
roadways (within and outside the boundaries of the District), water and sewer facilities, a stormwater
management system, streetscape and landscape in Midtown Miami in the summer of 2003; and
WHEREAS, pursuant to Resolution No. 05-0293, adopted May 12, 2005, the City Commission
adopted the "City of Miami Initial Streetcar Corridor Feasibility Study, Final Report, April 2005" and
authorized the City Manager to continue the City of Miami ("City") efforts on the study's subsequent
implementation phases; and
WHEREAS, President Bush, with the support of Miami's Congressional Delegation, authorized $50
million for the Miami Streetcar Project by signing into law on August 10, 2005, the national
transportation reauthorization bill entitled, "The Safe, Accountable, Flexible, Efficient, Transportation
Equity Act: A Legacy for Users (SAFETEA-LU)," and said funding authorization further solidifies the
Miami Streetcar Project ("Project") as a viable project; and
WHEREAS, pursuant to Resolution No. 05-0102, adopted February 10, 2005, the City Commission
authorized an Interlocal Agreement ("Agreement") which was executed on April 14, 2005, between the
City and the District for limited engineering services to include $126,000, for conceptual design,
$457,000, for final design, and $30,000, for permitting modifications, and $550,000, for construction
services associated with the underground utilities construction to accommodate the Project within the
City of IVianli Pune I of 3 Printed On. 111312005
File Number 05-01122 Enactment Numher R-05-0632
Midtown Miami Project for a total amount not to exceed $1,163,000; and
WHEREAS, the conceptual and final design to accommodate the Project within the Midtown Miami
Project has been completed and the initial construction for utility modifications has begun; and
WHEREAS, the final design phase included construction details for the Project that are
recommended to be built now, while the Midtown Miami Project is under construction, in order to
mitigate underground utility relocation, significant environmental contamination remediation and higher
future construction costs associated with the Project underground infrastructure; and
WHEREAS, the City's Department of Capital Improvement Projects and Transportation
("Department") has determined that construction and related engineering services for the underground
power and communication conduits and poles and their foundations for the overhead contact system of
the Miami Streetcar within the District is warranted to avoid significant negative impacts that would
occur in the future from construction of the Project; and
WHEREAS, the Department has also determined that 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 without further contamination remediation is also warranted; and
WHEREAS, said underground infrastructure construction and related engineering services, as
further detailed in Amendment No. 1 and "Exhibit C", attached and incorporated, total an amount not to
exceed $3,758,378; and
WHEREAS, the cost associated with the construction of the underground infrastructure and related
engineering services of the Project within the Midtown Miami Project will be determined through bids
provided by the District's contractors in accordance with applicable standard City, County and State
laws; and
WHEREAS, the Agreement stipulates that amendments and modifications to the Agreement must
receive authorization by the Miami City Commission; and
WHEREAS, Amendment No. 1 authorizes the City Manager to approve a funding allocation for an
amount not to exceed $3,758,378; and
WHEREAS, funding in the amount of $3,758,378 is derived from several funding sources including
the City's share of the one-half cent transit tax, the FEC Corridor Improvement Trust Fund in the
Special Revenue Fund, local option gas tax, contributions from the Midtown Miami private developers,
and impact fees to be made available in Capital Improvements Project ("CIP") No. 341330, "B -71215D
Streetcar Project -Midtown Underground Infrastructure;"
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(1} to execute Amendment No. 1, in substantially the
attached form, to the Agreement with the District, a local unit of special purpose government, pursuant
to Resolution No. 05-0102, adopted February 10, 2005, for the District to further provide the
City of Mand Page 2 of 3 Printed On. 11/3/2005
File Number: 05-01122
Euretmeru Number-: R-05-0032
construction of underground infrastructure and related engineering services to accommodate the
Project within the Midtown Miami Project, in the total amount not to exceed $3,758,378, with funds
allocated from CIP No. 341330, °B -71215D Streetcar Project -Midtown Underground Infrastructure."
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
s
'"-JORE L. , ERNANDEZ ,
CITI ATTORNEY
Footnotes:
{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 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 Pr bited Cin: 11/3/20115
File Number: 05-01122
City of Miami
Legislation
Resolution
City Haft
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.flms
Final Action hate:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO, 1, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE INTERLOCAL AGREEMENT
WITH THE MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT
("DISTRICT"), A LOCAL UNIT OF SPECIAL PURPOSE GOVERNMENT,
PURSUANT TO RESOLUTION NO. 05-0102, ADOPTED FEBRUARY 10, 2005,
FOR THE DISTRICT TO FURTHER PROVIDE THE CONSTRUCTION OF
UNDERGROUND INFRASTRUCTURE AND RELATED ENGINEERING SERVICES
TO ACCOMMODATE THE MIAMI STREETCAR PROJECT WITHIN THE MIDTOWN
MIAMI PROJECT, IN THE TOTAL AMOUNT NOT TO EXCEED $6,921,405;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341330,
"B-712150 STREETCAR PROJECT -MIDTOWN UNDERGROUND
INFRASTRUCTURE."
WHEREAS, pursuant to Resolution No. 03-135, adopted November 13, 2003, the City Commission
supported the petition submitted to the Miami -Dade County Commission by Biscayne Development
Partners, LLC, to create the Midtown Miami Community Development District ("District"); and
WHEREAS, the District was created by the County pursuant to Ordinance No. 03-271, adopted by
the Board of County Commissioners December 16, 2003 and effective on December 26, 2003, as a
local unit of special purpose government for the purpose of delivering certain community development
services and facilities within and outside the boundaries of the District; and
WHEREAS, the District began to undertake the design, acquisition and construction of certain
roadways (within and outside the boundaries of the District), water and sewer facilities, a stormwater
management system, streetscape and landscape in Midtown Miami in the summer of 2003; and
WHEREAS, pursuant to Resolution No. 05-0293, adopted May 12, 2005, the City Commission
adopted the "City of Miami Initial Streetcar Corridor Feasibility Study, Final Report, April 2005" and
authorized the City Manager to continue the City of Miami ("City") efforts on the study's subsequent
implementation phases; and
WHEREAS, President Bush, with the support of Miami's Congressional Delegation, authorized $50
million for the Miami Streetcar Project by signing into law on August 10, 2005, the national
transportation reauthorization bill entitled, "The Safe, Accountable, Flexible, Efficient, Transportation
Equity Act: A Legacy for users (SAFETEA LU)," and said funding authorization further solidifies the
Miami Streetcar Project ("Project") as a viable project; and
WHEREAS, pursuant to Resolution No. 05-0102, adopted February 10, 2005, the City Commission
authorized an Interlocal Agreement ("Agreement") which was executed on April 14, 2005, between the
City and the District for limited engineering services to include $126,000, for conceptual design,
$457,000, for final design, and $30,000, for permitting modifications, and $5150,000, for construction
services associated with the underground utilities construction to accommodate the Project within the
City of Miami Page } of 3 Printed Utt: 1011312005
File Number.05-01122
Midtown Miami Project for a total amount not to exceed $1,163,000; and
WHEREAS, the conceptual and final design to accommodate the Project within the Midtown Miami
Project has been completed and the initial construction for utility modifications has begun; and
WHEREAS, the final design phase included construction details for the Project that are
recommended to be built now, while the Midtown Miami Project is under construction, in order to
mitigate underground utility relocation, significant environmental contamination remediation and higher
future construction costs associated with the Project underground infrastructure; and
WHEREAS, the City's Department of Capital Improvement Projects and Transportation
("Department") has determined that construction and related engineering services for the underground
power and communication conduits and poles and their foundations for the overhead contact system of
the Miami Streetcar within the District is warranted to avoid significant negative impacts that would
occur in the future from construction of the Project; and
WHEREAS, the Department has also determined that 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 without further contamination remediation is also warranted; and
WHEREAS, said underground infrastructure construction and related engineering services, as
further detailed in Amendment No. 1 and "Exhibit C", attached and incorporated, total an amount not to
exceed $5,921,405; and
WHEREAS, the cost associated with the construction of the underground infrastructure and related
engineering services of the Project within the Midtown Miami Project will be determined through bids
provided by the District's contractors in accordance with applicable standard City, County and State
laws; and
WHEREAS, the Agreement stipulates that amendments and modifications to the Agreement must
receive authorization by the Miami City Commission; and
WHEREAS, Amendment No. 1 authorizes the City Manager to approve a funding allocation for an
amount not to exceed $6,921,405; and
WHEREAS, funding in the amount of $6,921,405 is derived from several funding sources including
the City's share of the one-half cent transit tax, the PEC Corridor Improvement Trust Fund in the
Special Revenue Fund, local option gas tax, contributions from the Midtown Miami private developers,
and impact fees to be made available in Capital Improvements Project ("GIP") No. 341330, "B -7'1215D
Streetcar Project -Midtown Underground Infrastructure;"
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{1) to execute Amendment No. 1, in substantially the
attached form, to the Agreement with the District, a local unit of special purpose government, pursuant
to Resolution No. 05-0102, adopted February 10, 2005, for the District to further provide the
City of miand Page 2 of 3 Printed On; 1011312005
File Number 05-07722
construction of underground infrastructure and related engineering services to accommodate the
Project within the Midtown Miami Project, in the total amount not to exceed $6,921,405, with funds
allocated from CIP No. 341330, "B -71215D Streetcar Project -Midtown Underground Infrastructure,"
Section 3, This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVE -D AS TO FORM AND CORRECTNESS -*?1
JORGE ANDEZ
CITY ATTORNEY
Footnotes:
{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 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 Df Miatp:i Page 3 of 3 Printed On, 1WI312065