HomeMy WebLinkAboutR-05-0632File Number: 05-01122
City of Miami
Legislation
Resolution: R-05-0632
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
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
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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 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
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reference and incorporated as if fully set forth in this Section.
Enactment Number: R-05-0632
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
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}
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.
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