HomeMy WebLinkAboutExhibit 3MAINTENANCE AGREEMENT
FOR THE SHENANDOAH TRAFFIC CIRCLES
THIS AGREEMENT entered into this day of , 2005 between
MIAMI-DADE COUNTY, a political subdivision of the State of Florida (the "County"), and the
CITY OF MIAMI, a municipal corporation of the State of Florida (the "City").
WHEREAS, the City has submitted to the County a traffic calming study prepared by
Marlin Engineering, Inc., concerning the use of traffic circles as traffic calming devices,
(hereinafter referred to as "Devices"), for use in the City; a list of the locations is attached and
incorporated herein as Exhibit A.
NOW THEREFORE, in consideration of the premises and mutual covenants contained
herein, it is hereby agreed between the City and the County as follows:
1. The recitals set forth above are incorporated herein by reference, The City will
construct the devices only in those locations identified and designated for such features on Exhibit
2. The City assumes sole and complete responsibility for the maintenance of all such
devices that are installed by or on behalf of the City in accordance with the traffic calming study
that was submitted for review and approved by the County.
3. To the extent allowed by Section 768.28, Florida Statutes, the City assumes sole
and complete liability for any accidents and/or injuries which may or are alleged to occur or arise
out of the installation, operation or maintenance of said devices.
4. All devices installed by the City shall conform to the applicable requirements
established by the following publications:
• Florida Department of Transportation Standard Specifications for Road and
Bridge Construction.
• Manual on Uniform Traffic Control Devices for Streets and Highways, U.S.
Department of Transportation Federal Highway Administration (ANSI D6.1e-
1989), including latest revisions to date of execution.
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• Standard Highway Signs, U.S. Department of Transportation, Federal
Highway Administration.
• Miami -Dade County Public Works Manual (available from the Public Works
Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL
33128)
5. The City shall hire a properly licensed Miami -Dade County contractor for the
installation of the devices.
6. The City shall not remove the existing signs from the stop -top installation. Should
the City need to install street name signs at the same location where a stop -top street name sign
exists, then the City shall utilize the other corners of the intersection and subsequently notify the
County's Department of Public Works at which time the County's Traffic Signals and Signs
Division's work crews will remove the street name signs from the stop -top.
7. The City shall be responsible for keeping records of any and all device installations
and repairs, and shall furnishing pertinent documents and records upon the County's request.
8. The City shall attach a decal to the back of all the sign panels installed with each
device indicating ownership and date of installation.
9. INDEMNIFICATION. To the extent authorized by Florida law, the CITY hereby
agrees to indemnify, defend, save and hold harmless the COUNTY to the extent of all
limitations included within Section 768.28, Florida Statutes, 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 specifically understood and agreed
that this indemnification clause does not cover or indemnify the COUNTY for its sole
negligence or breach of contract.
To the extent authorized by Florida law, the COUNTY hereby agrees to indemnify, defend,
save and hold harmless the CITY to the extent of all the limitations included with section
768.28, Florida Statutes, 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 COUNTY,
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its agents or employees. It is specifically understood and agreed that this indemnification
clause does not cover or indemnify the CITY for its sole negligence or breach of contract.
IN WITNESS WHEREOF, the City and the County set their hands and affix their
respective seals, the day and year above written.
ATTEST:
HARVEY RUVIN
CLERK OF THE BOARD
MIAMI-DADE COUNTY, FLORIDA,
BY ITS BOARD OF
COUNTY COMMISSIONERS
BY: BY:
Deputy Clerk George Burgess
County Manager
Approved by County Attorney
as to form and legal sufficiency
ATTEST:
corporation
CITY OF MIAMI, a municipal
of the State of Florida
BY: BY:
Priscilla Thompson
City Clerk
(Affix City Seal)
Joe Arriola
City Manager
Approved by City Attorney
as to Legal form and correctness: Approved to Insurance Requirements:
Jorge L. Fernandez Dania Carrillo, Administrator
City Attorney Risk Management
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