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HomeMy WebLinkAboutAgenda Item Summary Form",A1' UF..4y AGENDA ITEM SUMMARY FORM File ID: #1525 Date: 12/21/2016 Requesting Department: Department of Resilience and Public Works Commission Meeting Date: 01/26/2017 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Exec. Amend. - Maint. Memo of Aqrmt Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to execute a First Amendment to the Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) for the black powder coating of the traffic signal mast arms, within State Road right-of-way along certain portions of SR-90/SW 8th St/US-41 from SW 1 st Avenue to SE 1 st Avenue and SR-90/SW 7th St/US-41 from SW 1st Avenue to SE 1st Avenue adjacent to the Brickell City Centre Special Area Plan (SAP). Background of Item: The Brickell City Centre SAP was adopted by Ord. No. 13278 on July 28, 2011 and amended by Ord. No. 13369 on March 28, 2013. The SAP includes non-standard improvements and enhancements within the public right-of-way. Brickell City Centre Project, LLC (BCC) further wishes to amend R-15-0539 for the purpose of additional BCC project improvements to include traffic signal mast arms on Department right of way within City Limits to be powder coated flat black. BCC has requested permission from the City, Miami -Dade County and Florida Department of Transportation (FDOT) tc construct and maintain the non-standard improvements within City, County and State Road right-of-way adjacent to the SAP. BCC will construct the non-standard improvements, indemnify and hold the City harmless and be responsible for their maintenance by way of a covenant running with the land with the City. Execution of the covenant by BCC is required prior to the City's execution of a Maintenance Memorandum of Agreement with the FDOT. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Department of Resilience and Public Works Review Completed 12/21/2016 1:55 PM Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Daniel J. Alfonso Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed 12/22/2016 8:56 AM 12/23/2016 8:34 AM 12/27/2016 10:38 AM 12/28/2016 1:10 AM 01/13/2017 3:53 PM 01/13/2017 4:23 PM 01/17/2017 8:20 PM 01/26/2017 9:00 AM 01/31/2017 2:40 PM 01/31/2017 3:03 PM A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON- STANDARD IMPROVEMENTS WITHIN STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF STATE ROAD ("SR") 90/SOUTHWEST 8TH STREET/US-41 FROM SOUTHWEST 1ST AVENUE TO SOUTHEAST 1ST AVENUE AND SR-90/SW 7TH STREET/US-41 FROM SW 1ST AVENUE TO SE 1ST AVENUE, MIAMI, FLORIDA AND TO INCLUDE PAINTING THE MAST ARMS POWDER COATED FLAT BLACK. WHEREAS, the City Commission adopted Ordinance No. 13278 on July 28, 2011, as amended by Ordinance No. 13369 on March 28, 2013, approving a Special Area Plan ("SAP") for the Brickell City Centre, Miami, Florida; and WHEREAS, the SAP includes non-standard improvements and enhancements within the dedicated public Right -of -Way; and WHEREAS, Brickell City Centre Project, LLC ("BCC") has requested permission from the City of Miami ("City") and the Florida Department of Transportation (TDOT") to construct and maintain certain non-standard improvements within the State Road Right -of -Way along certain portions of State Road ("SR") 90/Southwest 8th Street/US-41 from Southwest 1st Avenue to Southeast 1 st Avenue and SR-90/Southwest 7th Street/US-41 from Southwest 1 st Avenue to Southeast 1st Avenue, Miami, Florida ("Improvements"); and WHEREAS, the Maintenance Memorandum of Agreement ("MMOX) addressed the obligations of each party with respect to certain modifications and improvements within the FDOT Right -of -Way and easements within the above -referenced limits, under Department Permit # 2015 A 690 27; and WHEREAS, as part of the BCC project, the City required that the BCC project -related traffic signal mast arms on FDOT Right -of -Way, within City limits, be painted powder coated flat black; and WHEREAS, for purposes of additional BCC project improvements, the FDOT intends to issue Permit #2016 C 690 019, which permit also includes the powder coated flat black mast arms required by the City; and WHEREAS, as a result of the City's requirements for black powder coating of traffic signal mast arms on FDOT Rights -of -Way, within City limits, the parties have agreed to amend the MMOA to include the City's maintenance obligations with respect to the referenced traffic signal mast arms, included in Permit #2016 C 690 019; and WHEREAS, the City and FDOT are mutually desirous of providing assurances for the -,IV ov . City of Miami City Hall IIS iit A4to �. � „1,l ,a Legislation 3500 Pan American Drive r Miami, FL 33133 �—R � _- Resolution www.miamigov.com Enactment Number: R-17-0043 File Number: 1525 Final Action Date:1/26/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON- STANDARD IMPROVEMENTS WITHIN STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF STATE ROAD ("SR") 90/SOUTHWEST 8TH STREET/US-41 FROM SOUTHWEST 1ST AVENUE TO SOUTHEAST 1ST AVENUE AND SR-90/SW 7TH STREET/US-41 FROM SW 1ST AVENUE TO SE 1ST AVENUE, MIAMI, FLORIDA AND TO INCLUDE PAINTING THE MAST ARMS POWDER COATED FLAT BLACK. WHEREAS, the City Commission adopted Ordinance No. 13278 on July 28, 2011, as amended by Ordinance No. 13369 on March 28, 2013, approving a Special Area Plan ("SAP") for the Brickell City Centre, Miami, Florida; and WHEREAS, the SAP includes non-standard improvements and enhancements within the dedicated public Right -of -Way; and WHEREAS, Brickell City Centre Project, LLC ("BCC") has requested permission from the City of Miami ("City") and the Florida Department of Transportation (TDOT") to construct and maintain certain non-standard improvements within the State Road Right -of -Way along certain portions of State Road ("SR") 90/Southwest 8th Street/US-41 from Southwest 1st Avenue to Southeast 1 st Avenue and SR-90/Southwest 7th Street/US-41 from Southwest 1 st Avenue to Southeast 1st Avenue, Miami, Florida ("Improvements"); and WHEREAS, the Maintenance Memorandum of Agreement ("MMOX) addressed the obligations of each party with respect to certain modifications and improvements within the FDOT Right -of -Way and easements within the above -referenced limits, under Department Permit # 2015 A 690 27; and WHEREAS, as part of the BCC project, the City required that the BCC project -related traffic signal mast arms on FDOT Right -of -Way, within City limits, be painted powder coated flat black; and WHEREAS, for purposes of additional BCC project improvements, the FDOT intends to issue Permit #2016 C 690 019, which permit also includes the powder coated flat black mast arms required by the City; and WHEREAS, as a result of the City's requirements for black powder coating of traffic signal mast arms on FDOT Rights -of -Way, within City limits, the parties have agreed to amend the MMOA to include the City's maintenance obligations with respect to the referenced traffic signal mast arms, included in Permit #2016 C 690 019; and WHEREAS, the City and FDOT are mutually desirous of providing assurances for the future continued maintenance, repair and replacement of the Improvements; and WHEREAS, the City shall be responsible for the operation and maintenance of the Improvements; and WHEREAS, the City shall enter into a covenant running with the land with BCC to require BCC to operate, maintain and replace the Improvements and to hold harmless and indemnify the City; 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 a MMOA, in substantially the attached form, to facilitate the installation and maintenance of the Improvements, provided that BCC has executed a covenant running with the land with the City to require BCC to operate, maintain and replace the Improvements and to hold harmless and indemnify the City. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i�t-ndez, Cify Attor iey 1117/2017 ' 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 City Code provisions. 2 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.