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HomeMy WebLinkAboutExhibit 1 SUBst mw/ i e&e7/1 7I MEMORANDUM OF AGREEMENT This AGREEMENT, made and entered into this day of 9Avo r O�iY1rs6�c' �c , 2005, by and between the CITY OF MIAMI, 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". WITNESSETH WHEREAS, both parties herein wish to facilitate a landscaping improvement project, hereinafter referred to as the "Project", described as follows: Landscape installation within the center area between the northbound and southbound lanes of 1-95, south of 1-395 and north of NW 11 Terrace, referred to as the "V" area, and the southbound exit at NW 8 Street, The City shall apply for the Florida Department of Transportation Permit to conduct the landscape installation. 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 his designee to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the promises and the covenants contained herein, the parties agree: 1. The COUNTY shall provide up to $52,000.00 in funds to the CITY for the "Project", from the Landscape Joint Participation Agreement (JPA No. AK579) with the Florida Department of Transportation. 2. The CITY will work with the Community Image Advisory Board to complete the landscape plans for the "Project" and submit plans for approval by the Florida Department of Transportation. The CITY shall not change the plans without written approval by the 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 Administ vs -- 009c, TfiraDn J °MGk yAL PP E • t,=. L) ; r nS1 Y' � A vt,t .. ,:mau,..lurtix. . "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 edition 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 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) hours prior to the start of the "Project". The CITY shall identify and obtain all necessary permits, utility adjustments and right-of-way to o 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. The CITY shall clear all utilities within the "Project" limits at least forty-eight (48) hours prior to any landscape installation activities. The CITY shall not allow landscaping to obstruct the view of Florida Department of Transportation's roadway signs. 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 for the "Project". The COUNTY has the right to comment and amend the plans. .:,1 z . The CITY shall enter into a five (5) year agreement with Roots in the City, Inc., a non-profit community based organization located in Overtown, to provide landscaping installment and guarantee work for a period of one (1) year. In addition, the agreement between Roots in the City and the CITY will allow for maintenance in year 2 through year 5. At any time during the installation of the project, the COUNTY may inspect the landscaping and require compliance with the approved plans or the CITY may request an alteration to the plans, subject to the approval of the COUNTY. 11. 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 Joint Participation Agreement funds to the CITY shall be based upon submissions of CITY'S certified invoice copies and paid service provider estimates attachments. 12. The CITY shall be responsible for the inspection of the landscaping installation. However, the J (') - 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 fig. CO unit prices for "Project" limits. The contractors' invoices shall be attached for backup. --1 13. The CITY shall maintain records of costs incurred under the terms of this AGREEMENT and ' shall make them available to the COUNTY'S and Florida Department of Transportation's auditors at all times during the period of this AGREEMENT, and for three (3) years after the . i. i..', final payment is made. Copies of these documents and records shall be made available to the "" LL COUNTY and/or the Florida Department of Transportation within five (5) working days after ..vcwc receipt of a written request from the COUNTY or the Florida Department of Transportation. 14. 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, ) G 1 - CO claims of liability arising out of the CITY'S negligent performance of the work under this µ AGREEMENT, due to the failure of the CITY to construct and maintain the "Project" in I G a C conformance with the standards described in this AGREEMENT and as stipulated in the 4'. •.,-i Florida Department of Transportation's Permit No. L-004-01. Zas•`;.:15. The CITY, as part of this AGREEMENT, shall be responsible for the maintenance in perpetuity co ""F yti; of the landscape within the "Project" limits, including existing plant materials, after the "Project" is completed. The CITY shall be eligible for $20,000 per year for four (4) years from funds allocated to the Community Image Advisory Board to defray the cost of maintenance, subject to the approval of the Community Image Advisory Board and the annual budget approval of the Board of County Commissioners. 16. 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. All plant material 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 material 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 MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: City Manager County Manager ATTEST: (SEAL) ATTEST: (SEAL) City Clerk County Clerk APPROVED AS TO LEGAL FORM By: By: County Attorney CITY Attorney THIS DOCUMENT ORIGINN. SEEN A E v } ATTACHMENT "A" CITY RESOLUTION CITY Resolution No. dated attached hereto and incorporated herein. , 20 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT MEMORANDUM OF AGREEMENT This AG - EMENT, made and entered into this day of , 2005, by and between the CITY • MIAMI, FLORIDA, a political subdivision of the STATE OF FLORIDA, hereinafter referred to - the "CITY", and MIAMI-DADS COUNTY, a political subdivision of STATE OF FLORIDA, her after referred to as the "COUNTY". WITNESSETH WHEREAS, both parties -rein wish to facilitate a landscaping improve ' -nt project, hereinafter referred to as the "Proje ", described as follows: Landscape installation within the enter area between the northbnd and southbound lanes of 1-95, south of 395 and north of NW 11 race, referred to as the " area, and the southbound exit at NW 8 Street, The City shall seek the Florida Departme of Transp' ation Permit to conduct the landscape installation. WHEREAS, the City Commission has by pro esolution attached hereto as attachment "A" and by reference made a part thereof, authorized ' s city ager or his designee to enter into this AGREEMENT. NOW, THEREFORE, in considera '•n of the promises an, the covenants contained herein, the parties agree: 1. The COUNTY shall provid p to $52,000.00 in funds to the CI for the "Project", from the Landscape Joint Partic ation Agreement (JPA No. AK579) with th Florida Department of Transportation. 2. The CITY will rk with the Community Image Advisory Board to comple = the landscape plans for t - Project" and submit plans for approval by the Florida Departm• t of Transp' ation. The CITY shall not change the plans without written approval : the COUNTY an• e Florida Department of Transportation. he CITY warrants that said plans, at a minimum, comply with Chapter 14-40, Part I, lorida Administrative Code, and the Florida Department of Transportation's "Design Standards .nd k ns Preparation Manual", and the installed landscaping shall remain in compliance there th throughout the term of this AGREEMENT. 4. During th installation of the "Project", and all future maintenance operations, the CITY sha perform mai -nance of traffic in accordance with the latest edition of the Florida Depa ent of Transportatio "Design Standards" and the Federal Highway Administration's " i -nual on Uniform Traffic Con I Devices". No work shall be carried out during peak traffi ours. 5. The CITY shall provide e COUNTY and the Florida Department of Transpo'-tion's local maintenance office listed b ow a twenty-four (24) hour contact person, i uding the telephone number and the na - of the responsible person for the "Prect" that may be contacted by the COUNTY and the lorida Department of Transp.. ation. The CITY shall notify the Florida Department of Tran 'ortation's local mainten ce office forty-eight (48) hours prior to the start of the "Project". Florida Department of Transporta 'n Telep' •ne (305) 470-5466 6. The CITY shall identify and obtain all necessary p ' its, utility adjustments and right-of-way to perform the work at the "Project" location, in a' ordan. - with applicable State, Federal, and local laws and ordinances, and shall not c• mence the w k described in this AGREEMENT until all necessary permits have been o ained. 7. The CITY shall clear all utilities wit the "Project" limits at least arty -eight (48) hours prior to any landscape installation activi 8. The CITY shall not allow lan'-caping to obstruct the view of Florida De rtment of Transportation's roadwa igns. 9. The CITY shall subm' inal "Project" plans, specifications, and other contract • cuments to the COUNTY for rev i: , accompanied by a copy of the Florida Department of Transp, ation's Permit for the ` 'roject". The COUNTY has the right to comment and amend the plan 10. The CITY all enter into a five (5) year agreement with Roots in the City, Inc., a non -pro comet ity based organization located in Overtown, to provide landscaping installment and gu- -ntee work for a period of one (1) year, In addition, the agreement between Roots in the City and th CITY will allow for maintenance in year 2 through year 5. At any time during t installation o e project, the COUNTY may inspect the landscaping and require comp'. nce with the approv- plans or the CITY may request an alteration to the plans, subjec o the approval of the CO NTY. 11. At the time of comple •n of this "Project", the CITY shall submit the final in •ice for the project to the COUNTY. Lump m disbursement of Joint Participation Agree -nt funds to the CITY shall be based upon submi -ions of CITY'S certified invoice copies - nd paid service provider estimates attachments. 12. The CITY shall be responsible fo the inspection of the land -ping installation. However, the CITY shall request a final inspectio by the Florida Depa ent of Transportation's Landscape Architect prior to the submittal of invoi -s for final pa ent. Invoices shall include contract unit prices for "Project" limits. The contr- tors' in ices shall be attached for backup. 13. The CITY shall maintain records of costs in, r -d under the terms of this AGREEMENT and shall make them available to the COUNTY' d Florida Department of Transportation's auditors at all times during the period o is AG' EMENT, and for three (3) years after the final payment is made. Copies oft e documents nd records shall be made available to the COUNTY and/or the Florida De• - ment of Transport- 'on within five (5) working days after receipt of a written request frthe COUNTY or the Flo •a Department of Transportation. 14. To the extent permitted b aw, the CITY shall indemnify an hold harmless the COUNTY and the Florida Departm- of Transportation, its officers and emp •yees, from all suits, actions, claims of liability ising out of the CITY'S negligent performanc •f the work under this AGREEME due to the failure of the CITY to construct and main -in the "Project" in conform- ce with the standards described in this AGREEMENT and - - stipulated in the Flor' • - Department of Transportation's Permit No. L-004-01. 15. e CITY, as part of this AGREEMENT, shall be responsible for the maint- 'ance in perpetuity of the landscape within the "Project" limits, including existing plant materials, - er the "Project" is completed. The CITY shall be eligible for $20,000 per year for four (4) years •m funds allocated to the Community Ima•e Advisory Board to defray the cost of maintenan• , subject approval of the Community Image Advisory Board and the annual budget approval of the B. d of County Commissioners. 16. The CIT hall remove or replace dead or diseased plant materials in their entirety, * remove or replace th• e that fall below original "Project" standards. All plant material re ed or replaced for wha ver reason, shall be replaced by plants of the same size an grade as specified in the per ' ted plans and specifications. The cost for the replac= ent of dead or diseased plant material ust be at no cost to the COUNTY or the Flori • Department of Transportation. IN WITNESS WHEREOF, the arties hereto have caused thes- •resents to be executed the day and year first above written. CITY OF MIAMI By: MIAMI-DA r COUNTY, FLORIDA BY ITS : B ARD OF OUN COMMISSIONERS CITY Manager C• my Manager ATTEST: AL) ATTEST: (SEAL) CITY Clerk Count Clerk APPROVED AS TO LEGAL F. 'aRM By: By: CITY Attor County Attorney ATTACHMENT "A" CITY RESOLUTION CITY Resolution No. dated , 20 , attached hereto and incor ' • rated herein.