HomeMy WebLinkAboutExhibit 1 (11/17/11)FLORIDA DEPARTMENT OF TRANSPORTATION
CONCRETE CROSSWALKS AND EDGE -DRAIN
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH
CITY OF MIAMI
This AGREEMENT, entered into this da;yof
20 , by and between the FLORIDA DEPARTMENT,;,OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the
DEPARTMENT, and the CITY OF MIAMI, a municipa^L corporation of
the State of Florida, hereinafter calledt'he CIT7
RECITALS::'
WHEREAS, the DEPARTMENT has jurisdiction over State Road
(S.R.) 933/NW 12 Avenue, from NW 14t?' ;Street (M.P. 2.414) to
north of 15u1 Street (M.P. 2.635), within the limits of the CITY,
as part of the State of Florida Highway System; and
WHEREAS, the CITY has -drafted design plans for
beautification improvements on.a S R, 933, from NW 14th Street to
north of 15th Street,. in accordance with DEPARTMENT Contract #
AP726 the limits `"of °which, (hereinafter PROJECT LIMITS) , are
described in the;. attached Exhibit:."A", which by reference hereto
shall become a part hereof; and
WHEREA,
improving 't
IT
he DEPARTMENT ;and -the CITY are both committed to
'sthetics;within'the PROJECT LIMITS; and
EREAS, they>CITY will install concrete crosswalks and an
edge-dra'ln within the PROJECT LIMITS, subject to the terms and
conditionscontainedherein; 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
u,.
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:
Concrete Crosswalks and Edge -Drain
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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1.DEPARTMENT RESPONSIBILITIES
1.1. Assignment
The DEPARTMENT and the CITY agree that, by executing
this AGREEMENT, all maintenance responsibilities
pertaining to the concrete crosswalks and edge -drain
installed by the CITY within the PROJECT LIMITS,
pursuant to this AGREEMENT, will be assigned to the
CITY in perpetuity.
2.CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall be solely responsible for tW;,maintenance
and preservation of the concrete crosswalks and; edge -drain
within the PROJECT LIMITS.
2.1. General
a) Maintain and.,.make repairs to the concrete
crosswalks to prevent safety hazards for those
using or ihtendi g to use the pedestrian
crossings.
b) S.weep the concrete crosswalks periodically to
eep them free of debris and to maintain an
aes,thet±cally pleasing condition. A light
pressure washing may be necessary for heavy
stain ,.removal or:: cleaning.
eriodicaremove and properly dispose of all
litter fromthe concrete crosswalks.
2 2 ., Concrete Surface
The CITY shall conduct annual condition surveys
>f the concrete surfaces for rutting, raveling,
pot holes, surface condition, settlements,
delamination and cracking for the life of the
concrete pavement and the adjacent ten (10) feet
of asphalt pavement on either side.
b) The results of all inspections and condition
surveys shall be sent to the District
Maintenance Office's Warranty Coordinator with a
Concrete Crosswalks and Edge -Drain
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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cover letter either certifying that the concrete
surface complies with the AGREEMENT
requirements, or what remedial action will be
taken to restore the integrity of the crosswalk
area based on the AGREEMENT.
c) Unless the asphalt pavement adjacent to the
crosswalk is also deficient in;; rutting per the
DEPARTMENT's Pavement Condition u_ rvey reports,
rutting of the concrete surface shall not be
less than a rating of seven-.(7.0). Remedial
work shall include the full depth removal of the
concrete surface across t°he full'::width of the
lane and crosswalk.
d) Unless the asphalt pavement adjacent to the
concrete crosswalk is showing uniform, raveling
deficiencies, concrete _Spalls, pot holes or
delamination of the concrete surface shall not
exceed a quarter (0.25) of an inch in depth or
more than twenty five (25) square inches in
area. • Remedial wark ,-shall include the patching
of the concrete surfaceaccordance with the
manufacturer's instructions.
racking,: width ofthe concrete surface shall not
exceed ..an eighth 41/'8) of an inch or more than
ten (71i0) feet in' any lane of the crosswalk.
Remedial work shall include as a minimum, the
ull depth removal of the concrete surface along
he complete length of the crack(s) and for the
width recommended by the manufacturer.
f) Differential settlement between the concrete and
any adjacent asphalt pavement must not exceed a
uarter (0.25) of an inch in depth. Repairs to
.ther the concrete or the adjacent asphalt must
e repaired as stated in Section 2.,2(c) and
2.2 (i) .
g) Missing, damaged or any other segment of
concrete pavement joint not meeting the
manufacturer's requirements must be replaced.
h) When remedial action is required in accordance
Concrete Crosswalks and Edge -Drain
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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with the above requirements, the CITY at its own
expense shall complete all necessary repairs
within ninety (90) days of the date the
deficiency is identified.
i) No more than two (2) full concrete surface
repairs shall be made to an area without first
resurfacing the pavement to its .full depth.
j) For any. routine repairs or`replacement due to
noticeable color scarring, or surface
deterioration of the concrete;,, surfaces, the
product authorized installer should be
contacted.
2.3. Drainage
a) The permeable sub-base.,Edge-drain, and all the
sub -drain components must, be maintained by the
CITY based on' the requirements stated below.
b)
3. AMENDMENT:
Edge -drain must remain.. free .df all silt, debris
and other Mate ofsiktgo,at can accumulate
throughout the =tlifTo
e of concrete. The CITY
s`esp ronsible F.for flushing or using other
;F
methods, .of maintaining the edge -drain free of
all debris and blockage.
The ItITY is responsible for the reparations to
damaged,, pipes, • sidewalk, curb -and -gutter,
'p,avements,� drains and/or inlets that occur
th�roughout,..''`the life of the system due .to
ma ntenance of the sub -drain system.
This AGREEMENT may be amended in writing if mutually agreed
'to by both parties.
4.MAINTENANCE DEFICIENCIES
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
Concrete Crosswalks and Edge -Drain
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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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 thirty (30) 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 concrete crosswalks -`:and edge -drain
declared deficient with ,-DEPARTMENT~, and/or its
independent contractor's materials, equipment and
personnel. The actual ost for such work will be
charged to the CITY.
4.2.The DEPARTMENT reserves tyre right to replace the
concrete crosswalks with conventional pavement and
bill the CITY for this cost.
5. NOTICES
All notices, requests, demands, consents, approvals, and
other commu`nicat`'on which are required to be served or
given hereunder, `shall be in writing and shall be sent by
•
registered mail or` certified,`° U.S. mail, return receipt
requested, postage prepaid, `addressed to the party to
receive :such notices as follows:
lo.r-ida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
o the DEPARTMENT:
To the CITY:
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Attention: City Manager
6. CONCRETE CROSSWALKS AND EDGE -DRAIN INSTALLATION
6.1.It is understood between the parties hereto that the
concrete crosswalks and edge -drain covered by this
AGREEMENT may be removed at any time in the future, as
Concrete Crosswalks and Edge -Drain
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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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
DEPARTMENT.
7. TERMINATION
This AGREEMENT is subject to terminat,on under any one of
the following conditions:
7.1.By the DEPARTMENT, if the CITY::.fail5 to perform its
duties under Section 2, following thirty (30) days
written notice.
7.2.In accordance with Section 287:.058(1)(c),. Florida
Statutes, the DEPARTMENT shallreserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any; or all documents,
papers, letters, or 'other materials made or received
by the CITY pertinent to this AGREEMENT which are
subject to provisiori's of Chapter: `119, of the Florida
Statutes.:
7.3. Only if mutual y agreekto by both parties with a six
(6)Xmonth written notice"
shall' utilize the U.S. Department of
Homeland Security's E-Verify system to
verify the employment eligibility of all new
employees. hired by the CITY during the term
of the AGREEMENT; and
ii shall expressly require subcontractors
performing work or providing services
pursuant to the state contract to likewise
utilize the U.S. Department of Homeland
Security's E-Verify system to verify the
employment of all new employees hired by the
subcontractor during the AGREEMENT term.
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Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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8.2.This AGREEMENT's maintenanceresponsibilities might be
subject to change if the CITY deviates from the
DEPARTMENT approved plans and specifications.
8.3.The term of this AGREEMENT shall only commence upon
execution by all parties and after the CITY receives
the Notice To Proceed letter from the;.DEPARTMENT. This
AGREEMENT shall continue in perpetuity or until
termination as set forth in Section;;>;7.
8. 4 . This writing embodies the .entire ., , AGREEMENT and
understanding between the parties hereto,: and there are
not other agreements and dnderstanding, oral or
written, with reference to the. subject matter hereof
that are not merged herein,
8.5.This AGREEMENT is nontransfera
whole or in partwithout the
the DEPARTMENT.
e and nonassignable in
rdor written consent of
8.6.This AGREEMENT, regardless o.f where"executed, shall be
governed by and construfcted inr,'accordance with the
laws of ,,the State of Florida.
Concrete Crosswalks and Edge -Drain
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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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:
BY:
BY:
City Manager
ATTEST:
BY:
City Clerk
LEGAL REVhEW:
City Attorney:
District- Director of
ransportation Operations
Executive Secretary
District Chief Counsel
Concrete Crosswalks and Edge -Drain
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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EXHIBIT "A"
PROJECT LIMITS
Below are the limits of the concrete crosswalks and edge -drain
to be maintained under this AGREEMENT.
State Road Number: 933/NW 12th Avenue
Agreement Limits: From NW 14th Street (M.P 2 . 414); to north of NW
15th Street (M.P. 2.63Y
County: Miami -Dade
Concrete Crosswalks:
• NW 12th Avenue & 14th Street Intersection - All four (4) legs
(M.P. 2.414 to M.P. 2.513)
• NW 12th Avenue & just north E of ,15th ?'Street - Crosswalk
Treatment (M.P. 2.633 to ma6
Edge -Drain:
• NW 12th Avenue;, & 14L Street Intersection
Concrete Crosswalks and Edge -Drain
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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EXHIBIT "B"
CITY -OF MIAMI RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
Concrete Crosswalks and Edge -Drain
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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