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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8774 Date: 03/15/2021 Commission Meeting Date: 04/08/2021 Type: Subject: Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 5 Resolution Execute Stipulation of Parties Agreement - Florida East Cost Railway Purpose of Item: To authorize the City Manager to negotiate and execute a Stipulation of Parties ("SOP") agreement with the Florida Department of Transportation ("FDOT") and Florida East Coast Railway ("FEC") for the construction of N.E. 42nd Street between N. Federal Highway and N.E 4th Avenue at -grade roadway within FEC's Right of Way for Office of Capital Improvements ("OCI") project 40-B173901, and close the railroad crossing at NE Miami Court between 71 st Street and NE 74th Street for OCI project 40-B183616. Background of Item: The City intends to construct N.E 42nd Street roadway to alleviate both pedestrian and vehicular traffic between North Federal Highway and N.E. 4th Avenue at -grade roadway within the Florida East Coast Railway's Right of Way ("ROW'). This is also in lieu of the traffic modifications on N.E 36th Street and N.E 2nd Avenue by County forces. The City agrees to close N. Miami Ct at -grade crossing per the request and agreement between FEC and the City of Miami. Funds are to be allocated and appropriated by separate resolution. Budget Impact Analysis Item has NOT an Expenditure Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: OCI Project No: 40-B173901 Office of Capital Improvements Hector L Badia Office of Management and Budget Lai -wan McGinnis Office of Management and Budget Leon P Michel City Manager's Office Nzeribe Ihekwaba City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Department of Resilience and Public Works Office of the City Attorney Office of the City Attorney City Commission Barnaby L. Min Victoria Mendez Nicole Ewan Reviewed B Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Valentin J Alvarez Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed ACA Review Completed Completed Completed 03/18/2021 10:22 AM 03/18/2021 4:01 PM 03/18/2021 7:55 PM 03/23/2021 3:40 PM 03/23/2021 4:51 PM 03/24/2021 4:52 PM Skipped 03/25/2021 3:07 PM 03/30/2021 6:45 PM 04/08/2021 9:00 AM Office of the City Clerk Legislative Division Department of Resilience and Office of the City Attorney Office of the City Attorney City Clerk's Office Valentin J Alvarez Public Works Barnaby L. Min Victoria Mendez Rendered Legislative Division Review Joseph Murray Deputy Attorney Review Approved Form and Correctness Completed Completed ACA Review Completed Completed 04/09/2021 7:58 PM 04/14/2021 11:40 AM Completed 04/14/2021 7:55 PM 04/16/2021 11:00 AM City of Miami Legislation Resolution Enactment Number: R-21-0138 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8774 Final Action Date:4/8/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A STIPULATION OF PARTIES AGREEMENT ("SOP"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA EAST COAST RAILWAY ("FEC") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION 1) FOR THE CONSTRUCTION OF A RAILROAD CROSSING ALONG NORTHEAST 42ND STREET BETWEEN NORTHEAST 4TH AVENUE AND FEDERAL HIGHWAY WITHIN THE FEC RIGHT OF WAY, OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B173901 AND 2) TO CLOSE THE RAILROAD CROSSING AT NORTHEAST MIAMI COURT BETWEEN NORTHEAST 71ST STREET AND NORTHEAST 74TH STREET, OCI PROJECT NO. 40-B183616 (COLLECTIVELY, "PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE SOP, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FEC'S STANDARD GRADE CROSSING LICENSE AGREEMENT FOR THE USE AND EXISTENCE OF THE NORTHEAST 42ND STREET RAIL -HIGHWAY PUBLIC AT GRADE CROSSING IN COMPLIANCE WITH THE TERMS OF THE SOP; PROVIDING FOR THE BUDGETING, ALLOCATION, AND APPROPRIATION OF FUNDS BY SEPARATE RESOLUTION. WHEREAS, the City of Miami ("City") filed an opening application with the Florida Department of Transportation ("FDOT") to open a railroad -highway grade crossing at Northeast 42nd Street; and WHEREAS, the City and Florida East Coast Railway ("FEC") wish to construct a railroad crossing along Northeast 42nd Street between Northeast 4t" Avenue and Federal Highway, within the FEC Right of Way ("ROW'), Office of Capital Improvements ("OCI") Project No. 40- B173901 ("Railroad Crossing"), as well as close the railroad crossing at Northeast Miami Court between Northeast 71st Street and Northeast 74th Street, OCI Project No. 40-B183616 ("Railroad Closure") (collectively, "Project"); and WHEREAS, the scope of the Railroad Crossing consists of constructing an at -grade roadway across the existing railroad crossing within FEC's ROW to allow for vehicular and pedestrian traffic along with other roadway enhancements such as traffic signals, street lighting, sidewalks, ramps, curb and gutter, drainage improvements, and modifications to the existing on - street parking; and WHEREAS, the scope of the Railroad Closure consists of removing the at -grade roadway crossing to prohibit vehicular and pedestrian traffic along with installing guardrails across Northeast Miami Court within the City's ROW on both sides of the railroad and removing the leveling concrete blocks, concrete ties, control cabinet, railroad gate, and arms; and WHEREAS, FEC will be responsible for the construction, management, administration, and maintenance of the Project within its ROW; and WHEREAS, the City agrees to contribute funds towards the construction of the Project in an amount not to exceed nine hundred thousand dollars ($900,000.00) for the Railroad Crossing and an amount not to exceed two hundred forty-two thousand dollars ($242,000.00) for the Railroad Closure; and WHEREAS, on February 6, 2019, the City entered into a Joint Participation Agreement with Miami -Dade County ("County") for the acceptance and use of One Million, Four Hundred One Thousand Dollars ($1,401,000.00) in County funds for the construction of the Railroad Crossing, attached and incorporated as Exhibit "B"; and WHEREAS, the City, FEC, and FDOT wish to execute a Stipulation of Parties Agreement ("SOP"), attached and incorporated as Exhibit "A", to enable the City and FEC to construct 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to execute an SOP, in substantially the attached form, with FEC and FDOT for the Project. Section 3. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments and modifications to the SOP, all in forms acceptable to the City Attorney, as may be necessary for the Project. Section 4. The City Manager is further authorized' to negotiate and execute FEC's standard grade crossing License Agreement for the use and existence of the Northeast 42nd Street rail -highway public at grade crossing in compliance with the terms of the SOP. Section 5. Funds for the Project are to be budgeted, allocated, and appropriated by separate Resolution. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey ) 3/30/2021 ndez, City Attor ey ) 4/16/2021 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.