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HomeMy WebLinkAboutMiami-Dade County ResoR-1257-05 Approved Veto Override Mayor Jenda Item No. 8(P)( I )(F) 11-1-05 fIIf1cJAl filE coPy CLERK (IF THE BOARD Of COUNTYCOM~SSIONERI DAOE COUNTY. FLORIO" RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH TO PARTICIPATE IN THE FUNDING OF LANDSCAPING IMPROVEMENTS ALONG ALTON ROAD FROM 23 STREET TO 60 STREET RESOLUTION NO. R-1257-DS 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, for the reimbursement of up to $137,946 of the cost of the survey, design and installation of landscaping along Alton Road from 23 Street to 60 Street, in substantially the form attached hereto and made a P!lrt ~e~eof~ ~d._ ~uthoriz~s. th~~ou~t}'}~~ana~~~!o C?x_ecut~_~~me ~o~_ ~.?~ ~n _ b_e~l! _~f_ t~ _ _ County and to exercise the provisions therein. The foregoing resolution was offered by Commissioner Rebeca Sosa who moved its adoption. The motion was seconded by Commissioner Dennis C. Moss and upon being put to a vote, the vote was as follows: Joe A. Martinez, Chairman aye Dennis C. Moss, Vice-Chairman aye Bruno A. Barreiro aye Dr. Barbara Carey-Shuler aye Jose "Pepe" Diaz aye Carlos A. Gimenez aye Sally A. Heyman aye Barbara J. Jordan aye Dorrin D. Rolle aye Natacha Seijas aye Katy Sorenson aye Rebeca Sosa aye Sen. Javier D. Souto aye :7 Agenda J No. 8(P)(I)(F) Page No. L. The Chairperson thereupon declared the resolution duly passed and adopted this 3rd day of November, 2005. This Resolution and contract, ifnot vetoed, shall become effective in accordance with Resolution No. R-377-04. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS l'l Approved by County Attorney ~ II"lI- to form and legal sufficiency.~/ Hugo Benitez L( _.morlodulD &SD Date: November 1, 2005 Agenda Item No. 8(P)( 1) (F) To: Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners From: Subject: Resolution Authorizing Execution of a Memorandum of Agreement with the City of Miami Beach to Participate in the Funding of Landscaping Improvements Along Alton Road from 23 Street to 60 Street . RECOMMENDATION It is recommended that the Board of County Commissioners approve the attached resolution authorizing the execution of a Memorandum of Agreement with the City of Miami Beach (CMB) to participate in the funding for landscaping improvements along Alton Road, from 23 Street to 60 Street. The agreement provides for reimbursement of up to $137,946 from funds provided by the Landscape Joint Participation Agreement (JPA AK579) with the Florida Department of Transportation (FDOT) for the design and installation of landscape improvements. BACKGROUND The CMB wishes to plant trees and shrubs to enhance the appearance of Alton Road, from 23 Street to 60 Street, and has requested the assistance of Miami-Dade County by contributing monies for the project from FDOT's JPA funding allocation. The Miami-Dade County Landscape Committee has approved funding in the amount of $13 7,946 as a maximum contribution to the proj ect. The CMB will design, advertise and bid the contracts and manage the installation of said improvements. Reimbur~ement by the County will be made to the City in a lump sum, upon full completion of the project, through the submissiQuQf theCMBmcertified jnvQices and appropriate support doc1Jl11entation... Furthermore, pursuant to the agreement, the CMB will be responsible for the future maintenance of the proposed landscaping once the project has been completed. . J . MEMORANDUM (Revised) TO: FROM: Honorable Chainnan Joe A. Martinez DATE: and Members, Board of County Commissioners November 1, 2005 , J ~ SUBJECT: Agenda Item No. 8(P) (1) (F) Please note any Items checked. "4-Day Rule" ("3-Day Rule" for committees) applicable if raised 6 weeks required between fint reading and public hearing 4 weeks notification to municipal officials required prior to public hearing - DecreaseS revenues or increues- expenditures without balancing budget Budget required Statement of fiscal Impact required Bid waiver requiring County Manager's written recommendatioD . . Ordinance creating a new board requires detailed County Manager's report for pubUc hearing_ _ ---.-- Housekeeping item (no polley decision required) No committee review ~ MEMORANDUM OF AGREEMENT This AGREEMENT made and entered into this _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 Permit 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 shatl not change the-plans without written approval by1he ___.. n _.__~.._ .~_.... _U______'.""_ _.____ . ~.___.__._ __.._.._ 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 FlmidaDepartment of Transportation's local maintenance office forty-eight (48) hors prior to the start of the "Project". Florida Department of Transportation's North Dade Maintenance Office: 1773 NE 205th Street, North Miami, Florida 33179 Tel# (305) 654-7163 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 peimits have been obtained. 7. The CITY shall clear all utilities within the "Project" limits at least forty-eight . (48}hours priorto any landscape installation activities. 8. The-.CITYsha.I1notaIIo\vlaridscapmg t()obstriiCt the view of Florida DePartment of Transportation's roadway signs or permitted outdoor advertising sigru:;. No new materials shall be installed in the billboard view zones, as shown on the Lo 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 ofthe 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 JP A 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 disburserftent of JP A 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 .+ ~ _ _ n _ _ _ _._ _. _ _ _ _ _ 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 indudeeontract unit prices for "Project" limits: nThe 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 .0fTransportation's auditors at all times during the period of this Agreement, and T for three years after the final payment is made. Copies of these 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 forthe maintenance in perpetuity of the landscape within the "Project" limits, including existing plant materials, after the "Project" is completed. 1 7. 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 COMMlSSIONERS By: By: City Manager County Manager ATTEST: (SEAL) ATTEST: (SEAL) City Clerk County Clerk APPROVED AS TO LEGAL FORM By: By: City Attorney County Attorney Attachment "A" CITY OF MIAMI BEACH RESOLUTION City of Miami Beach Resolution No. dated Attached hereto and incorporated herein. , 2005, q STATE OF FLORIDA ) ) ) ss: COUNTY OF MIAMI-DADE I, HARVEY RUVIN, Clerk of the Circuit Court in and for Miami-Dade County, Florida and Ex-Officio Clerk of the Board of County Commissioners of Said County, Do Hereby Certify that the above and foregoing is a true and correct copy of Resolution No. R-1257-05 adopted by said board of County Commissioners at its meeting held on November 3,2005. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 30th day of November A.D. 2005. ,..- HARVEY RUVIN, Clerk Board of County Conunissioners DOO~ By .' Deputy Clerk d~M;;~~h L """;::'" '_~ . <r.,~ '-.y /'0 A if''',. "'4"", ~ f _ ~ .~.\ ., :;:) 1/ Sl3~ Ii e .<> \:-.,<~t)) \0 "0-- ..~,V-H . -"..1' . I.., '~ .. "I'P ....... '{ ~-'" c,--v \~. l:'c >'i* .,/ .....,... ,~, .J~.<,;:tj.{I).f),%~ Board of County Commissioners Miami-Dade County, Florida