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HomeMy WebLinkAboutMemorandum of Agreement MEMORANDUM OF AGREEMENT This AGREEMENT made and entered into this 3) day of ~"", 2005, by and between the CITY OF MIAMI BEACH, FLORIDA, a political subdivision of the STATE OF FLORIDA, hereinafter referred to as the "CITY", and MIAMI-DADE COUNTY, a political subdivision of the STATE OF FLORIDA, hereinafter referred to as the "COUNTY". WHEREAS, both parties herein wish to facilitate a landscaping improvement project, hereinafter referred to as the "Project", described as follows: Landscape installation within the raised medians of Alton Road, Miami Beach From: 23rd Street To: 60th Street In accordance with: Florida Department of Transportation's ~ermit No. 05-L-691-0011. WHEREAS, the CITY Commission has by proper Resolution attached hereto as attachment "A" and by reference made a part thereof, authorized its City Manager, or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree: I. The COUNTY shall provide up to $137,946 in funds to the CITY for the "Project" from the Landscape Joint Participation Agreement with the Florida Department of Transportation. 2. The CITY has completed the landscape plans for the "Project". Plans have been permitted by the Florida Department of Transportation under Permit No. 05-L- 691-0011. The CITY shall not chaIlge thejJla!ls withQlltwrit!~l1a}JPJovall>yth€:: COUNTY and the Florida Department of Transportation. 3. The CITY warrants that said plans, at a minimum, comply with Chapter 14-40, Part I, Florida Administrative Code and the Florida Department of Transportation's "Design Standards" and "Plans Preparation Manual", and the installed landscaping shall remain in compliance therewith throughout the term of this Agreement. 4. During the installation of the "Project", and all future maintenance operations, the CITY shall perform maintenance of traffic in accordance with the latest editions of the Florida Department of Transportation's "Design Standards" and the Federal Highway Administration's "Manual on Uniform Traffic Control Devices". No work shall be carried out during peak traffic hours. 5. The CITY shall provide the COUNTY and the Florida Department of Transportation's local maintenance office listed below a twenty-four (24) hour contact person, including the telephone number and the name of the responsible person for the "Project" that may be contacted by the COUNTY and the Florida Department of Transportation. The CITY shall notify the Florida Department of Transportation's local maintenance office forty-eight (48) hors prior to the start of the "Project". Florida Department of Transportation's South Dade Maintenance Office: 14655 S.W. 122 Terrace, Miami, Florida Telephone: (305) 256-6330 6. The CITY shall identify and obtain all necessary permits, utility adjustments and right-of-way to perform the work at the "Project" location, in accordance with applicable State, Federal and local laws and ordinances, and shall not commence the work described in this Agreement until all necessary permits have been obtained. 7. The CITY shall clear all utilities within the "Project" limits at least forty-eight (48) hours prior to any landscape installation activities. 8. The CITY shall not allow landscaping to obstruct the view of Florida Department of Transportation's roadway signs or permitted outdoor advertising signs. No new materials shall be installed in.t..he billboard vi~w zones, as shown_Ol1tl1e.. _______n_ _____..__.... --..- ---- ___" ,. __ u Florida Department of Transportation's permitted plans under Permit No. 05-L- 691-0011. 9. The CITY shall submit final "Project" plans, specifications and other contract documents to the COUNTY for review, accompanied by a copy of the Florida Department of Transportation's Permit No. 05-L-691-0011 for the "Project". 10. The CITY shall advertise the Project and receive bids. After evaluation of bids by the CITY and determination of the apparent low responsible bidder, the CITY shall provide said evaluation and recommendation to the COUNTY for approval. Commitment of COUNTY funds for the "Project" shall occur upon COUNTY approval of the contract award. II. At the time of completion of this "Project", the CITY shall submit the final invoice for the Project to the COUNTY. Lump sum disbursement of COUNTY funds to the CITY shall be based upon submissions of the CITY'S certified invoice copies and paid contractor estimates attachments. 12. Subsequent to contract award, any proposed change orders and supplemental agreements shall be approved by the COUNTY and the Florida Department of Transportation prior to execution by the CITY. Upon completion of the "Project", final construction contract costs will be determined and certified by the CITY. The COUNTY'S financial participation and disbursement of funds shall be adjusted accordingly, but in no event shall the County's contribution exceed $137,946. 13. The CITY shall be responsible for the inspection of the landscaping installation. However, the CITY shall request a final inspection by the Florida Department of Transportation's Landscape Architect prior to the submittal of invoices for final payment. Invoices shall include contract unit prices for "Project" limits. The contractor's invoices shall be attached for backup. 14. The CITY shall maintain records of costs incurred under the terms of this Agreement and make them available to the COUNTY'S and Florida Department of Transportation's auditors at all times during the period ofthis Agreement, and for three years after the final p~yme!ltis made. Cgpies of th(~se__documents and records shall be made available to the COUNTY and/or the Florida Department of Transportation within five (5) working days after receipt of a written request from the COUNTY or the Florida Department of Transportation. 15. To the extent permitted by law, the CITY shall indemnify and hold harmless the COUNTY and the Florida Department of Transportation, its officers and employees, from all suits, actions, claims of liability arising out of the CITY'S negligent performance of the work under this Agreement, due to the failure of the CITY to construct and maintain the "Project" in conformance with the standards described in the Agreement and as stipulated in the Florida Department of Transportation's Permit No. 05-L-691-0011. 16. The CITY, as part of this Agreement, shall be responsible for the maintenance in perpetuity of the landscape within the "Project" limits, including existing plant materials, after the "Project" is completed. 17. The CITY shall remove or replace dead or diseased plant materials in their entirety, or remove or replace those that fall below original "Project" standards, with the exclusion of plant materials damaged through ','Acts of God" and automobile accidents. All plant materials removed or replaced for whatever reason, shall be replaced by plants of the same size and grade as specified in the permitted plans and specifications. The cost for the replacement of dead or diseased plant materials must be at no cost to the COUNTY or the Florida Department of Transportation. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIO By: ". -,.-.--.---.--.-.. - --- -----------" - ----------.--. ~VEDASTOLEGALFORM FORM & LANGUAGE & fOR EXECunON ~ '2--) .. 0)- Attachment" A" Date CITY OF MIAMI BEACH RESOLUTION "2.J;::x!::J 5 - City of Miami Beach Resolution No.2S92.D dated~, 2005, Attached hereto and incorporated herein.