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HomeMy WebLinkAboutLegislation-SUBigtlf / x� City of Miami Legislation Resolution: 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. Xgas WHEREAS, the City of Miami ("City") filed an opening application with the Fler1 a Department of Transportation ("FDOT") to open a railroad -highway grade crossing 4-f Nortl 42nd Street; and -o WHEREAS, the City and Florida East Coast Railway ("FEC") wish to construet-a railroad crossing along Northeast 42nd Street between Northeast 4th Avenue and Federal Highway, " within the FEC Right of Way ("ROW'), Office of Capital Improvements ("OCI") Project b. 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 City of Miami Page 1 of 3 File ID: 8774 (Revision: A) Printed On: 4/16/2021 8774 t.eyislahon-Sub File ID: 8774 Enactment Number: R-21-0138 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. p N �4 N 171 r t] ' The herein authorization is further subject to compliance with all legal requirements that maC:be imposed, including but not limited to, those prescribed by applicable City Charter and City Code �y provisions. ENT IS A SUBSTI City of Miami Page 2 of 3 File ID: 8774 (Revision: A) Printed on: 4/16/2021 File ID: 8774 Enactment Number: R-21-0138 APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 3/30/2021 dez, City ttor ey 4/16/2021 crt (J1 2J m THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 3 of 3 File ID: 8774 (Revision: A) Printed on: 4/16/2021 *. uauriunu 11 II I. 0l. u`,� File Number: 8774 City of Miami Legislation Resolution City Ha 3500 Pan Am: can Drive Miami, 33133 www.m migov.com Fin. Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACH ENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A STIPULATI• I OF PARTIES AGREEMENT ("SOP"), IN SUBSTANTIALLY THE ATTACHED FOWITH FLORIDA EAST COAST RAILWAY ("FEC") AND THE FLORIDA DEPART NT OF TRANSPORTATION 1) FOR THE CONSTRUCTION OF A RAI OAD CROSSING ALONG NORTHEAST 42ND STREET BETWEEN NORTHE :T 4TH AVENUE AND FEDERAL HIGHWAY WITHIN THE FEC RIGHT OF WAY, ? FICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B173901 A i 2) TO CLOSE THE RAILROAD CROSSING AT NORTHEAST MIAMI COU BETWEEN NORTHEAST 71ST STREET AND NORTHEAST 74TH STREET, OP PROJECT NO. 40-B183616 (COLLECTIVELY, "PROJECT"); FURTHER AUTHO' IZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTH' ' DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO TH OP, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NEC •SARY FOR THE PROJECT; FURTHER AUTHORIZING THE CITY MAN ER TO NEGOTIATE AND EXECUTE FEC'S STANDARD GRADE CROSSING L ENSE AGREEMENT FOR THE USE AND EXISTENCE OF THE NORTHEAST 42N'a STREET RAIL -HIGHWAY PUBLIC AT GRADE CROSSING IN COMPLIANCE i ITH THE TERMS OF THE SOP; PROVIDING FOR THE BUDGETING, ALLOCATI• , AND APPROPRIATION OF FUNDS BY SEPARATE RESOLUTION. WHEREAS, the City of Mia Department of Transportation ("F 42nd Street; and i ("City") filed an opening application with the Florida OT") to open a railroad -highway grade crossing at Northeast WHEREAS, the Cit -nd Florida East Coast Railway ("FEC") wish to construct a railroad crossing along Northeast 2nd Street between Northeast 4th Avenue and Federal Highway, within the FEC Right of ay ("ROW'), Office of Capital Improvements (" OCI") Project No. 40- B173901 ("Railroad C=.ssing"), as well as close the railroad crossing at Northeast Mini Court between Northeast st Street and Northeast 74th Street, OCI Project No. 40-B18361e; ti ("Railroad Closur-' (collectively, "Project"); and 5 WHER' AS, the scope of the Railroad Crossing consists of constructing an roadway acr%ss the existing railroad crossing within FEC's ROW to allow for vehicular and ; pedestrian raffic along with other roadway enhancements such as traffic signals, street liting2 sidewal , ramps, curb and gutter, drainage improvements, and modifications to ti-iixistiTtg. street- •.rking; and 1. r- .. xim WHEREAS, the scope of the Railroad Closure consists of removing the at -grade r• dway crossing to prohibit vehicular and pedestrian traffic along with installing guardrails cross 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 SUBSTITUTED WHEREAS, the City agrees to contribute funds towards the construction of the roject in an amount not to exceed nine hundred thousand dollars ($900,000.00) for the Railro. • W Crossing and an amount not to exceed two hundred forty-two thousand dollars ($2,000.00)imm for the Railroad Closure; and WHEREAS, on February 6, 2019, the City entered into a Joint Particip. ion Agreement Imm with Miami -Dade County ("County") for the acceptance and use of One Millie , Four Hundred One Thousand Dollars ($1,401,000.00) in County funds for the constructio of the Railroad 1' Crossing, attached and incorporated as Exhibit "B"; and c%i WHEREAS, the City, FEC, and FDOT wish to execute a Stipu tion of Parties Agreement ("SOP"), attached and incorporated as Exhibit "A", to en le the City and FEC to construct the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CO I ISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in e Preamble to this Resolution are adopted by reference and incorporated as if fully set fo in this Section. Section 2. The City Manager is authorized' execute an SOP, in substantially the attached form, with FEC and FDOT for the Project Section 3. The City Manager is further thorized' to negotiate and execute any and all other documents, including any amendments nd modifications to the SOP, all in forms acceptable to the City Attorney, as may be ►-cessary for the Project. Section 4. The City Manager is f.rther authorized' to negotiate and execute FEC's standard grade crossing License Agre ent 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 oject are to be budgeted, allocated, and appropriated by separate Resolution. Section 6. This Res' ution shall become effective immediately upon its adoption ate! signature of the Mayor.' APPROVED AS TO FM AND CORRECTNESS: ria nez, ity ttor ey 3/30/2021 ' T herein authorization is further subject to compliance with all legal requirements that may be i posed, including but not limited to, those prescribed by applicable City Charter and City Code ovisions. If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.