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Home My WebLink AboutExhibit 2FLORIDA DEPARTMENT OF TRANSPORTATION DECORATIVE PEDESTRIAN CROSSWALKS MAINTENANCE MEMORANDUM OF AGREEMENT WITH CITY OF MIAMI This AGREEMENT, entered into this day of; , 20_, by and between the FLORIDA DEPARTMENT66F TRANSPORTATION, a component agency of the State of Florida,:,there�nafter called the DEPARTMENT, and the CITY OF MIAMI, a mun1�gipal" rporation of the �J State of Florida, hereinafter called t1ie.,ClTY.:u. RECITALa` WHEREAS, the DEPARTMENT has j' sdzc'ion over ,S'Late Road (S.R.) 5/Brickell Avenue from south of "SE 25 Road to SE 5 Street, within the limits ,.f the CITY, as" part of the State of Florida Highway System; and%,,F WHEREAS, the DEPARTMENT is ins,alling decorative pedestrian :'� "� crosswalks on S.R. 5/Brickell Aven� ueotztusouth of SE 25th Road to SE 5th Street, in accordance withxDEPARTME1T Contract # T-6190 the limits of which ter PROJECT LIMITS, are described in the attached Exhib�� A wksch by reference hereto shall become a part hereof; and WHEREAS, ,the D�PARTi NTk'ands'"`the CITY are both committed to improving' 'th'd', het s;within the PROJECT LIMITS; and WHEREAS, theQC TY lt&sT requested the DEPARTMENT to install 0— decoratxv pedestraza crosswalks, within the PROJECT LIMITS, and the DEPARTMENT is Villing to do so subject to the terms and conditions4=hcontained ;'herein; and WHEREAS,the`' CITY, by Resolution No. dated attached hereto as Exhibit `B', which by reference hereto shall become a part hereof, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. DEPARTMENT RESPONSIBILITIES Decorative Pedestrian Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportatiomd City of Miarn Page 1 of 7 1.1.Assignment The DEPARTMENT and the CITY agree that, by executing this AGREEMENT, all maintenance responsibilities pertaining to the decorative crosswalks on various intersections within the PROJECT LIMITS will be assigned to the CITY in perpetuity., .5 ` 2. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall be solely responsible ;for th-ie maintenance and preservation of the decor ative�urf`ace on11 pedestrian crosswalks within the PROJECT .LIMITS, which tions are described in Exhibit "A". ;ran 2.1.LITTER REMOVAL 2.1.1. Promptly and regularly, remove all litter from the decorative pedestrian, crosswalk surfaces. 2.2. DECORATIVE SURFACE V 2.2.1. Maintain and rake repairs to the decorative "✓ro swalk sfaces to prevent safety hazards f,those using or intending to use the pedestrian crdssi,ngs . 3. AMENDMENTS eepE ,*tk- e �de"c`orative surfaces on pedestrian osswalks periodically to keep them free of bar p and to maintain an aesthetically 0 eaR11hg condition. A light pressure washing y bye°=. necessary for heavy stain removal or eanznq. r any routine repairs or replacement due to ticeable color scarring or surface terioration of the decorative surfaces, the oduct authorized installer should be contacted. This AGREEMENT may be amended in writing if mutually agreed to by both parties. 4. MAINTENANCE DEFICIENCIES Decorative Pedestrian Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportatio3nd City of Miam Page 2 of 7 If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT'S DISTRICT MAINTENANCE ENGINEER that the CITY's responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, said DISTRICT MAINTENANCE ENGINEER may, at his option, issue a written notice, in care of the CITY MANAGER, to place the CITY on notice regarding its maintenance deficiencies. Thereafter, the CITY shall have a period of thirtyof,- O 'I_ calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected";within this time period, the DEPARTMENT may, at its option, proceed as follows: 4.1. Maintain the decorative pedestrian crosswalks declared deficient with DEPARTMENT and/or independent"acontnactor's materials, equipment and pexsonne The actua�ost for such work will be charged fi �'he, ,'ttTY . 5. NOTICES All notices, requests, 664mands,,cons ents, approvals, and other communication which are=� required to be served or given hereunder, shall be in writing and Ishall. be sent by registered mail or certified, , U.S. mails, return redeipt requested, postage prepaid, addressed ;to theparty tooreceive such notices as follows �F � h To the D'PARTMENT,f,%�F-lorida Department of Transportation a 10& Iaio hwest 111 Avenue, Room 6205 Miami;Florida 33172-5800 :attention: District Maintenance Engineer To the CITY:C:ty of Miami � ` 44 SW 2nd X4Avenue Miami, FL 33130 Attention: City Manager er 6. DECO .',.,.-PEDESTRIAN CROSSWALKS INSTALLATION 6.1. It is" understood between the parties hereto that the decorative pedestrian crosswalks covered by this AGREEMENT may be removed at any time in the future, as found necessary by the DEPARTMENT, in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. All costs associated with such activities will be solely at the expense of the Decorative Pedestrian Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportatioind City of Miarri Page 3 of 7 DEPARTMENT. 7. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: 7.1. In accordance with Section 287.05,8(1)(c), Florida Statutes, the DEPARTMENT shall reserves; the right to unilaterally cancel this AGREEMENT if e CITY refuses to allow public access to any or,;all��,d�cuments, papers, letters, or other materials made or reeved by the CITY pertinent to this AGREEMENT wrhich ar`._ subject to provisions of Chapter 119,s f th Florida -`Statutes. 7.2. Only if mutually agreed to Eby bot ,parties with; i six (6) a month written notice. 8. TERMS 8.1.The terms of thls'NAGREEMENT shall only commence upon execution by all parties'after to CITY receives the Notice To ProceedDEPARTMENT. This AGREEMENT shall cortt3'nae sn ` `perpetuity or until terminAE' " pa`s set forth in Section 7. 4' 8.2.This 'writings; embodies Fthe entire AGREEMENT and understandingetween the" parties hereto and there are not, otherazgreemen;s ani' understanding, oral or written, wtiRrefererice to the `subject matter hereof that are not mergedherein and superseded hereby. 8 3 This AG EMENT zs nontransferable and nonassignable in W 'whole or ,part without the prior written consent of the J °DEPARTMENT •k N« 1 UR 8.4. This AGREEMENT, regardless of where executed, shall be governed by and constructed in accordance with the laws of fhC State of Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: Decorative Pedestrian Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportatiomd City of Miarri Page 4 of 7 BY: ATTEST: City Manager City Clerk BY: City Attorney By: Risk Management BY: District Secretary ATTEST: ve Secretary LEGAL REVIEW: Y „ Distt ct ChiefxCbunsel Decorative Pedestrian Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportatio3nd City of Miarri Page 5 of 7 EXHIBIT `A' PROJECT LIMITS Below are the limits of the decorative pedestrian crosswalks to be maintained under this AGREEMENT. State Road Number: 5/Brickell Avenue Agreement Limits: From south of SE 25th County: Miami -Dade All • Crosswalk at station 68+60+ pavers) • Crosswalk at station 91+20+ pavers) • SE 15th Road (includes remota: leg of intersection) "HY • SE 14th Street • SE 13th Street • SE 10th Stree� P • SE 8th Street • SE 7th Street`s (incl (includes ting section) to SE;�Sth Street of ex%stint= brick 1 of existing brick on the south Decorative Pedestrian Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportatiomd City of Miarri Page 6 of 7 EXHIBIT 'B' CITY RESOLUTION To be herein incorporated once ratified by the City of Miami Board of CITY Commissioners. Decorative Pedestrian Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportatimnd City of Miam Page 7 of 7