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HomeMy WebLinkAboutMemorandum Of Agreement 06/29/0~ TUE 08:25 FAX 305 375 2484 "'7"J~/1 . -. ~,- ~ .,- r'r" 17 ',.: r .:/ "..:" /? , / 31S-. (1< 1'.... . ..... IFfl~AL fiLE ~y ~ 8F THE IOAPtD MEMORANDUM OF AGREEMENT Of O(I)UNTY COMMIS310NERS DADE ceUNlY, FLORIDA This AGREEMENT, made and entered into this I ~day of ~~ ' CLERK OF BOARD [4] 001 . . \ 2003, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the STATE OF FLORIOA, hereinafter referred to as the "CITY" and MIAMI-DADE COUNTY, a pol ltlca I subdivision of the STATE OF FLORIDA, . - ' hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, both parties wish to facilitate a landscaping improvement project, hereinafter referred to as the "Project" described as follows: Installation of landscaping within median islands on Pine Tree and La Gorce from 51 Street to 62 Street and Right of Way Swale; And, WHEREAS the CITY has, by proper resolution attached hereto and by reference made a part thereof, has authorized its' officer to enter into this Agreement. NOW, THEREFORE, in consideration of the promises and the covenants contained herein, the parties agree: .' . . :: . 1. The COUNTY shall con~ribute a portion of the Project's costs on a reimbursement basis to the CITY, not to exceed the amount set forth below as follows: CONTRIBUTION TO LANDSCAPING PROJECT $40,000 COUNTY FISCAL YEAR OF COMMITMENT 03/04 }-t- -p \t0L Lo... G, lo..t...d - 0:\"'0 - rz \ 6 z,003 ,-/ 2. The CITY shall complete the landscaping plans in accordance with standard COUNTY design criteria, and shall submit to the COUNTY a written certification of compliance with those standards. 3. The CITY shall identify all necessary permits, utility adjustments and right-of-way for the Project, in accordance with applicable State, Federal and Local Laws and ordinances. 4. The CITY shall advertise the Project and receive bids. Subsequent to evaluation of bids by the CITY and determination of the apparent low responsive bidder, the CITY shall provide said evaluation and recommendation to the COUNTY for approval. 5. At the time of contract award for this Project, the CITY shall submit the Estimated Monthly Construction Payout Schedule for the Project to the COUNTY. Monthly disbursement of COUNTY funds to the CITY shall be based upon CITY invoices with certified copies of paid contractor estimates attached. 6. Subsequent to contract award, any proposed change orders and Supplemental Agreements shall be approved by the COUNTY prior to execution by the CITY, and upon completion of the Project, final construction contract costs will be determined and certified by the CITY, and the COUNTY'S financial participation and disbursement of funds adjusted accordingly. 7. The CITY shall be responsible for the inspection of landscaping installation" . 8. The CITY agrees to permit the COUNTY auditors to inspect the books, records, and accounts of the Project for three years after completion of the Project. These records shall be made available to the COUNTY for inspection, within five (5) working days upon receipt of a written request from the COUNTY. 9. The CITY hereby agrees to indemnify, defend. save and hold the COUNTY harmless, to the extent of the limitations included within Section 768.28, Florida Statues, subject to the provisions of said Section whereby, the CITY shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100.00, or any claim or judgment or portions thereof, which when totaled with all other claims or judgments paid by the CITY arising out of the same incident or occurrence, exceeds the sum of $200,000, from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of this Agreement by the CITY, its agents or employees. It is specially understood and agreed, that this indemnification clause does not cover or indemnify the COUNTY for any liability or claim arising out of the negligence, performance, or failure of performance of the COUNTY, or as a result of the negligence of any unrelated third party. 10. The CITY agrees to require its contractor to provide and maintain the following insurance throughout the term of the contract: Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami- Dade County must be shown as an additional insured with respect to this coverage. Certificate of insurance will be furnished to: Miami-Dade County Risk Management Division 111 N.W. 1 Street, Suite 2340 Miami, FL 33128-1987 11. The CITY shall be responsible for the maintenance of the landscaping after the Project is completed. 06/29/04 TOE 08:26 FAX 305 375 2484 CLERK OF BOARD ~005 , ' IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. B~~~ By= ATTEST: Approval by County Attorney as to form and IQgal sufficiency: I BEACH, FLORIDA ATTEST: BV:_IUw+ f a--~ Approval by City omey as to form and legal s fficiency. ATTACHMENT IIA" Pine Tree/La Gorce Dr. Traffic Calming ISlands Landscaping PINE TREE/LA GORCE DR TRAFFIC CALMING ISU\NDS LANDSCAPING Resolution No. 2001-24462 dated June 6.2001. Attached hereto and incorporated herein. O~/29/0~ TUE 08:27 FAX 305 375 2484 CLERK OF BOARD 141 007 Approved Veto Override Mayor Agcnda Itc:m No. 7(p) (1) (A) 12-4-03 mlG4Al F\U. l:4Jf';, ,', CL€R:-.,2~~~I~~~fR~ OF COu.'h , ...... I:IORIOA OAD~ ceUNlY. .... RESOLUTION NO. R.-132S-03 RESOLUTION AUllIORlZlNG THE EXECUTION, OF A 'MEMORANDUM OF AGREEMENT TO CONI'RIBUI'E FUNDS TO TIIE CI1Y OF MIAMI BEACH FOR LANDSCAPThlG COSTS OF MEDIANS ALONG PINE TREE DRIvE AND LA GORCE DRIvE BETWEEN 51 STREET AND 62 STREET WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the Memorandum of Agreement between Miami-Dade County and the City of Miami Beach authorizing the allocation of funds in an amount not to exceed $40,000. to contnbute fimds to the design and installation of landscaping and irrigation of medians along Pine Tree Drive and La Gorce Drive between 51 Street and 62 Street. The foregoing resolution was offered by Commissioner Deauis C. lfoss ' ,.' r' ~ . who moved for its adoption. The motion was seoonded by Commissioner Dr. ~a Camy-Sbuler and upon being put to a vote. the vote was as follows: Dr. Barbara Carey..Shuler, ChaUperson aye Katy Sorenson, Vice-Chairpe:rson a,e Bruno A. Barreiro aye Jose "Pcpc" Diaz BcttyT. Ferguson absent SallyHeyman . Joe A. Martinez <iJt! Jimmy 1.. Morales Dennis C. Moss aye Dorrin D. RoUe Natacba Seijas aye Rebeca Sosa Sen. Javier D. Souto ~ aye ~ aye aye ~ .06/29/0~ TUB 08; 27 FAX 305 375 2484 CLERK OF BOARD I4J 008 Agenda Item No. 7(P) (1) (A) Page No.2 The Chairperson thereupon declared the resolution duly passed and adopted this 4th day of December, 2003. This resolution shall become effective ten (10) days aftcrthe date of its adoption unless vetoed by the Mayor, and ifvetoed, shall become effective only upon an override by this Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK. KAYSULUVAN Approved by County AttOTP~~ to form and legal suffjciency.~ Thomas GOldstein By: Deputy Clerk 06/29/04 Tl~ 08:27 FAX 305 375 2484 _" -!_r.. -r---- CLERK OF BOARD I4J 009 MEMORANDUM Aganda Item No. 1(P)(I)(A) TO: Honorable ChaiJperson Barbara Carey-Shu1er, Ed.D. and Members, Board of Countj Commissioners DATE: December 4, 2003 SUBJECT: Resolution Authorizing the Execution of a Memora1dum of Agreement to Conlribtrte Funds to the ~ of Miami Beach for Landscaping and I~lion Costs of MedIans Located Along Pine Tree DriVe and La Gorce Drive Between .51 Streel and 62 Street RECOMMEND~TIO~ It is recommended thai the Board of County Commissioners approve the attached resolution aulhOJizing the execution of a Memora~um of Agreemen~ allocating funds il the amount of $40,000, to refund the City of Miami Beach (CMS) for landscaping and inigation costs of media1~ located along Pine Tree Drive and La Gorce Drive between 51 Street and 62 Street BACKG~OUND The CMB wishes to enhance the aesthetic appearance of Pine Tree Drive and La Gorca Drive between 51 Street to 62 Street by planting trees, shrubs and installing irrigation. These roads are under the jurisdiction of Miami-Dade Countj. The contribution lrom the County In the amOlBlt of $40,000 as approved by the Landscape Committee, represents the cost of the typical County funded improvements for similar projects. The CMS wm provide the additional funding to finance the requested enhancements and shal be responsible for the full maintenance of the. proposed landscaping improvements, once inslalation has been completed. The eMS wiD design. advertise. bid the contract and supervise the .construction of the landso.aping improvements. The County shal provide a lump sum payment to !he eMS upon completion of the project, tI:Irot:lg{j.ihe submission of certified invoices and appropriate support documentaDon by the CMS. . . . ,. .~ Assistanl eoJty Manager U411~/lUU1 ";U ~.:~. ~A4 u~r"u 11111 AU..L!' .. MIAMI-DADE COUNTY, FLORIDA -~ ~_I"~ ... ill ~ s ~.4I' STEPHEN P. ClARK CENTER III uu.: \., . PUBUC WORKS DEPARTMENT SUITE 1&10 ' 171 N.W.1slSTAEET MIA~I. FLOAIQA 33121-\'70 t3CIS) 37S-aeo April 6, 2001 Mr. Matthew Schwartz Assistant City Manager City of Miami Beacb 1700 Convention Center Drive Miami Beach, Fl33139 RE: Agreement with the City of Miami Beach Pine Tree arid La Gorce Drive Median Landscaping Dear Mr. Schwartz: Tri1IWJ1itted berewith is a draft agreement committin&: Miami-Dade County to provide funds ' faT the installation of landscaping in Pine Tree and La Gorce Drive medians. lr the agreement meets with your legal requiIements, the communication of your approvel for this document, at your earliest convenience will be very much appreciated. '-.... Upon our mutual concurrence, copies of the agreement will be sent to the City for execution. These will then be returned to our department for further processing by the Count)' Commission and execution by the County Manager. Subsequently, we will forward a certified copy oftbe signed agreement and pertinent resolution. Should you have any questions, please do not hesitate to call M$. Esther Calas. P .E... Assistant Director, Highway and Traffic Engineering at (305) 375-2091. Sincerely, Aristides Rivera, P.E., P L.S. Dbector ' A.nathment ( c:c: Esther Calls. P .E. '-- " Equal Opg~ EinpIoy1tIIS.1'\IICec ..-.-- , '. J>CPJrD .B1fY ADMIN EtHr&T ft I4l OQ3 0./11/2001 WEQ 08:38 FAX .' \ . ME~ORANDUM OF AGREEME1fT This AGREEMENT, made and entered into this day of . 2001, by and between \ " the CITY OF MIAMI BEACH, FLORIDA. a political subdi'lision of the STATE OF FLORlDA, hereinaftez referred to as the "CITY", and MIAMI-DADE COUNTY. a political subdivision of the STATE OF FLORIDA, hereinafter referred to as the "COUNTY". ~J WlTNF..sSETH ::::} I . ~ I WlIEREAS, both partiea hereiD wish to facilitate .l..~ng + eIIl proj1 r ..- to as the "Project", d..cribed as follOWS: I \ I L:J bJL' ping witbi4me~an ~an~ oninfree and L Go I from D / 11\ \ ) / v \ i ! 'f' \ ~/0 I WHEREAS, the cty 0 ~i cb ~:1Z~ r h / by proper resolution attached hereto and 1 I \ \ by toI'cJenee made f P l/ j tj..~. cer to ....... into ibis agreement. NOW, 1HEREI'okllSiden1ion of the promises aud the ......... CODtlbned. baeia, the parties agree: (.". 1). The COUNTY slW1 provide funds on a reimbursement basis to the cn-v for Project for the total cost detailed as follows: C.9NTIUBOTlON TO LA'NDSCA"PlN9 PROJECT $40,000 CC)UNTY JIS~ YEAR Oll' COMMITMENT 00101 \ .- Page 1 04/11~%OOl lED 0':3' FAX ~CPWD JIWY ADMIN r4! 004 2). The CITY shall complete the landscaping plans in accordance with standard . COUNTY design criteria and shall submit to the COUNTY a written certification , . , -' of compliance with those standar~s. 3). The CITY shall identify aU necessll')' permits. utility adjustments and right-of- way for the Project in accordance with applicable State, Federal and LoCal Laws and ordinances. 4). The CITY shall advertise tho Project and RCei". bids. Subseq1lent '" ~oo . of bids by the CITY and dete.nnination ottbe apparent lOW~nsive bi~~f the CITY shall provide said evaluation and recomm~ m{rrv for I ~ ' approvtI. Commilment of fimda by ~l.lNtf ~'" 11 occur upon COUNTY apptovaI.A>r co t t1 \ I) I At the time of co tr~ for/tm} froJ\ct, thereITY shal s~lTlit the ~.. ~ ~y/d ~l' lor tho Project to tho I eel Monlf I \ I I co~on dis~em 4fC~~tbeCrrYshallbebased upo~ atv ~vOi wi~ ~fi . ~ of ~d cOntractor estimates attached. i I j I \ Subrqut'Yto croQt f ward, any proposed change orders and Supplemental ~I be 'PpIIl.ed by tho COUNTY prior to exetutioo by tho aTY, and upon completioJl of the Project, final construction cootrac:t cOStS win be determined and certified by the CITY. and the COUNTY's financial participation 5). 6). and disbursement of funds ad~ accordinaly. 7). The CITY shall be responsible for the inspection oflandscaping installation. 8). The CITY agrees to permit the COUNTY auditoE$ to inspect the boob. records, and accounts of the Project for three years after completion of the Project. These Paae 2 .: 04/11/1001 ~ 01: 10 FA.l DC"D. ii1ft' AD.IN \ ... \ ,. lClOO~ records shall be made available to the COUNTY for inspection within fiw (5) working days u.pon receipt of a written request from the COUNTY. The CITY hereby agrees to indemnify r' defend, save and hold hannless the COUNTY from all claims, demands, liabilities and suits of any nature wbatsoeVer 9). arising out o~ because of or due to the breach of this Agreement by the CITY, its agents or employees. it is specifically understood and agreed that this indemnification clause does not cover or indenmify the COUNTY for . rfole negIig_ or bJeadI of eonII>d. ~) The aTY shaI1 be responsihle for tbe ~Of? 'g " tbe Proj~b_~ (\ ,~ I , ol/b\,( Qr\ \ ) I /\ \G iU) r0J~ V to). Page 3 , '... \.. 04/11/2001 ~ 08:.0 PAl . . .DCPWD.BWY AD.IN I4l 008 . " IN WITNESS WHEREOF. the parties bereto set their hands and official seals the day and ytar first above written. WITNESS: Approval by Co~ Attorney IS to form and legal sufficiency. WITNESS: W I j . . I Approved by City ~tto as tp fotm and legal V '., MIAMI.DADE COUNTY, FLORIDA. BY ITS BOARD OF COUNTY COMMISSIONERS BY: ATIEST: I VI I A \ I ~ II t~~FPL~A \l,) ~ ATI'BST: pqe 4 CITY OF MIAMI BEACH CITY HAlL 1700 CONVENTION CENTER DR.IVE MIAMI BEACH. FLORIDA 33139 htlp:\\d.mlami-beach.ft.us COMMISSION MEMORANDUM NO. 37f/-f)/ TO: Mayor Neisen O. KudiD aDd Member. or the City COIlllDilsioD DATE: JUDe 6, 2001 SUBJECT: Jorp M. Gonzalez \.~ City Mauler d- 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT WITH MIAMI-DADE COUNTY WHEREIN THE COUNTY AGREES TO PROVIDE APPROXIMATELY $40,000 IN FUNDING TO REIMBURSE THE CITY FOR THE INSTALLATION OF LANDSCAPING IN THE MEDIANS ALONG PINETREE AND LA GORCE DRIVES. FROM: ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANAI~VSIS: Miami-Dade County undertook to install nineteen (19) traffic-calming islands on Pine Tree Drive and La Gorce Drive from 51 st Street to 62nd Street. The County's plan for landscaping includes sod and two Foxtail Palms per Median Island as part of a subsequent contract. The City, with the community's input, would prefer a more substantia11andscaping plan consisting of trees, shrubs, ground cover, irrigation and uplighting, which would confonn to all Miami-Dade County standards. On July 12, 2000, the Mayor and City Commission approved a Resolution appropriating 5470,000 from Mid-Beach Quality of Life Funds to insta111andscaping on the nineteen (19) traffic calming islands in the center of both Pinetree and La Gorce Drives. This matter was reviewed by the Finance and Citywide Projects Committee, who recommended that the City vigorously pursue reimbursement from the County for a portion of the cost of landscaping the islands. City Staffmet with the Director of Miami-Dade County Public Works and staff. As result of this meeting, the County has agreed to provide the City approximately $40,000, to reimburse a portion of the design and installation of landscaping improvements. Agenda Item C:70 Date b -t, -Of The County installed sleeves for installation of irrigation and uplighting of the islands during the construction in order to facilitate the City's installation of the landscaping features. City staff developed an estimate of probable constIUction cost in the amount of $470,000 for the traffic calming islands landscaping enhancements, and retained Robert M. Mitchell ill, ASLA, a specialist in Landscape Architecture under the City's rotational consultant contract to design landscaping which would meet the requirements of the neighborhood, as well as complying with the stringent requirements set by the County for landscaping in public rights-of-way. Miami-Dade County has submitted a proposed Memorandum of Agreement under which approximately $40,000 of the costs of the landscaping incurred by the City will be reimbursed. The text of this proposed Memorandum of Agreement has been reviewed by the City Attorney. A copy of the proposed Memorandum of Agreement is attached as Exhibit leA It. Representatives of the community expressed dissatisfaction with the size of the medians installed along La Gorce Drive. After a number of meetings with the community, a design has been agreed upon which extends the medians. The City's Police and Fire Departments have reviewed the proposed modified design and have concurred in accepting the revision. The Consultant has prepared final drawings of the revised design for submission to Miami-Dade County Public Works Department for acceptance. City Staff is currently circulating a petition within the community seeking to assure concurrence with the revised design, which was requested by the County as a condition of approval. The Administration recommends approval of the Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and City Clerk to execute a Memorandum of Agreement with Miami-Dade County wherein the County agrees to provide approximately $40,000 in funding to reimburse the City for the installation oflandscaping in the medians along Pinetree and La Gorce Drives. h' j,:J JMG~CAH ~ CORZO CASTELLA CARBALLO THOMSON SALMAN, PA Page:1 of 1 P,,*cl: Miami Beach Lincoln Road Mall Budget Date: January 5, 2001 Project No.: 1317-03.03 Revision Date: Preliminary Design Estimate of Probable Cost #2 (400-1100 Block) KEY DESCRIPTION QUANTllY UNIT UNIT PRICE TOTAL FulL Version with New Fountains Div.1 GENERAL .' Cuttino. Trenchinc,& Patchinatincl. It. fixt. removal) 1 LS 20,000.00 $20,000.00 SECTION TOTAL $20,000.00 Div.2 SITEWORK New fountain 1000 block incl. installation 1 EA 65,825.00 $65,825.00 New fountain 700 block incl. installation 1 EA 66,825.00 $66,825.00 Fiber oDtiCS 500 blk fountain incl. installation 1 EA 23,212.00 $23,212.00 Rehab. fountain 400 block 1 EA $0.00 SECTION TOTAL $155.862.00 Div.3 CONCRETE Footinas for Licht Fixtures 137 CY 130.00 $17,810.00 Concrete Fill for 500 Blk Fountain 83 CY 130.00 $10790.00 SECTION TOTAL $28,600.00 Oiv.16 ELECTRICAL Pole Mounted LiQht Fixtures 58 EA 975.00 $56,550.00 Shruberv Liaht Fixtures 292 EA 342.00 $99864.00 Shruberv Liaht Fixtures (1100 blk only) 42 LS 342.00 $14,364.00 Installation & MisC. Winne & EauiDment 1 LS 280,000.00 $280 000.00 SECTION TOTAL $450.778.00 ESTIMATE SUMMARY Div.1 GENERAL $20,000.00 Dlv.2 SITEWORK $155,862.00 Div.3 CONCRETE $28,600.00 Div.16 ELECTRICAL $450,n8.00 Subtotal $655.240.00 General Conditions 12 % 0.12 $78,628.80 Subtotal $733 868.80 G.C OVerhead & Profit 10 % 0.10 $73 386.88 Subtotal $807,255.68 Bond Premium 2% 0.02 $16.145.11 Subtotal $823,400.79 Desian ContinQencies 15 % 0.15 $123,510.12 GRAND TOTAL $946,910.91 CITY OF MIAMI BEACH MEMORANDUM TO: Nury Menicucci FROM: Robert Parcher City Clerk ~~ DATE: August 20, 2003 SUBJECT: Agreements Enclosed are four Memorandum of Agreements for the signatures of the appropriate officials. After obtaining the applicable signatures, please return the documents in the blue-backed cover to the City Clerk's Office, to the attention of Mercy Williams. Subsequently, a fully executed copy will be forwarded to you for your files in addition to a copy of the resolution authorizing said agreements (Resolution No. 2001-24462, 6/6/01, C-7-0) Thank you ATTACHMENT "Au RESOLUTION NO. 2001-24462 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT Wlm MIAMI-DADE COUNTY WHEREIN THE COUNTY AGREES TO PROVIDE APPROXIMATELY $40,000 IN FUNDING TO REIMBURSE THE CITY FOR THE INST ALLA TION OF LANDSCAPING IN THE MEDIANS ALONG PINETREE AND LA GORCE DRIVES. WHEREAS, Miami Dade County has installed nineteen (19) traffic calming islands in Pinetree Drive and La Gorce Drive. from S 1 st Street to 62nd Street; and WHEREAS, the City desires to modifY the islands in La Gorce Drive, and to enhance the landscaping. and to provide irrigation and uplighting for this project~ and WHEREAS, funds in the amount of $470,000, for this project have been appropriated from Mid-Beach Quality of Life Funds by Resolution 2000-23992; and WHEREAS, Miami-Dade County has proposed to enter an Interlocal Agreement with the City, wherein approximately $40.000 of the City's costs for this project will be reimbursed by the County. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Conunission of the City of Miami Beach, Florida, hereby approve and authorize the Mayor and City Clerk to execute the Interlocal Agreement with Miami-Dade COWlty wherein the County agrees to provide approximately $40,000 in funding to reimburse the City for a portioo of the installation of landscaping in the medians along Pinetree and La Gorce Drives. PASSED and ADOPTED this 6th day of June , 2001. ArrEST: ~~ V ~- Mayor _ fawJ flvtrkA City Clerk APPRC7Y~ .. fORM al.ANGUAG8 &fORDECU1'1OII ~oaK\lALL\CAINHTEIU..OC au ~ -f?-cJ}