HomeMy WebLinkAboutExhibit 1 12/15/11FLORIDA DEPARTMENT OF TRANSPORTATION
SPECIALTY SURFACES
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH
CITY OF MIAMI
This AGREEMENT, entered into this day of
20 , by and between the FLORIDA DEPARTMENT,OF TRANSPORTATION, a
component agency of the State of Florida, <hereeinafter called the
DEPARTMENT, and the CITY OF MIAMI, a municipal, corporation of
the State of Florida, hereinafter called the CITY`
RECITALS'::
WHEREAS, the DEPARTMENT has jurisdiction over State Road
(S.R.) 933/NW 12th Avenue, from NW 14treet (M.P. 2.414) to
north of 15th 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 onS R'''933 from NW 14th Street to
north of 15th Street, in accordance with 'DEPARTMENT Contract #
AP726 the limitsPhich, (hereinafter PROJECT LIMITS), are
described in tIe- attached. Exhibitw,."A", which by reference hereto
shall become a part hereof; and
u
WHEREAS, the DEPARTMENT ',a , the CITY are both committed to
improving' e aesthetics, within the PROJECT LIMITS; and
EREAS, the ,CITY will'install specialty surface crosswalks
within 'the PROJECTh,IMITS, subject to the terms and conditions
contained 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:
Specialty Surfaces
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 1 of 9
1.DEPARTMENT RESPONSIBILITIES
1.1.Assignment
The DEPARTMENT and the CITY agree that, by executing
this AGREEMENT, all maintenance responsibilities
pertaining to the specialty surf ace crosswalks
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 the,
and preservation of the specialty surfaces
PROJECT LIMITS.
maintenance
within the
2.1. Maintain and make repairs to the specialty surfaces
to prevent safety hazards fopr those using or
intending to use the;`pedestrian crossings.
2.2. On an annual basis
outside traffic lane •Shall
resistante in accordance
Friction resistance shall be
equivalent as specified:- in
,-,each crosswalk in the
tested for friction
with ASTM E 274-06.
no less than 30 FN40R or
Exhibit "A", Table 1.
Failure'to achieve minimum friction resistance shall
wire all lanes qf' the crosswalk to be friction
ested..to determine the extent of the deficiency. All
deficient areas shall be removed to their full extent
(lane-bylaner and replaced with the same product
installed:; initially. If more than fifty percent
500) of the lanes in the intersection require
replacement, the entire intersection installation may
reconstructed with a different product on the
Qualified Products List.
2 3. The CITY shall conduct
the specialty surfaces
holes, delamination and
adjacent pavement.
annual condition surveys of
for rutting, raveling, pot
cracking for the life of the
a) Unless the pavement adjacent to the crosswalk is
:also deficient in rutting, rutting depth of the
Specialty Surfaces
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 2 of 9
specialty surface shall not exceed 0.25 inches.
Remedial work shall include the full depth
removal of the specialty surface across the full
width of the lane and crosswalk.
b) Unless the pavement in the intersection is
showing uniform raveling deficiencies, raveling,
potholes or delamination of the specialty surface
shall not exceed 0.25 inches in,,,„depth or more
than 25 square inches in area. Remedial work
shall include the patchingy of the specialty
surface in accordance with the, manufacturer's
instructions.
c) Unless pavement adjacent in the intersection is
deficient in cracking ,criteria, cracking width of
the specialty surface''shall not exceed fl/8 of an
inch for more than 10 feet in any lane of the
crosswalk. ,. Remedial wor— shall include as a
minimum, thefu11 depth removal of the specialty
surface along fi theK complete length of the crack(s)
and for the width recommended by the
r
manufacturer.
2.4. The results:., of all''fi friction tests and condition
surveys sh41 be sent to the District Maintenance
Office's Warranty Coordinator with a cover letter
either certifying that ""the crosswalks comply with the
rove stated requirements, or what remedial action
wi1L be 'taken to restore the friction and/or
integrity of-t •the crosswalk area.
When remedial"action is required in accordance with
the above' requirements, the CITY at its own expense
hall complete all necessary repairs within ninety
(90)days of the date the deficiency is identified.
2.6. No more than two (2) full specialty surface repairs
shall be made to an area without first resurfacing
the pavement to its full depth.
2.7. Sweep the specialty surface crosswalks periodically
to keep them free of debris and to maintain an
aesthetically pleasing condition. A light pressure
washing -may be necessary for heavy stain removal., or.
Specialty Surfaces -
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 3 of 9
cleaning.
2.8. Remove and properly dispose of litter from specialty
surfaces.
2.9. For any routine repairs or replacement due to
noticeable color scarring or surface deterioration of
the specialty surfaces, the product authorized
installer should be contacted.
3. AMENDMENTS
This AGREEMENT may be amended in writing if ;;mutually agreed
to by both parties.
4. MAINTENANCE DEFICIENCIES
If, at any time
effect, it shall
while
come r, to
the termso:f" this AGREEMENT are in
the attention of the DEPARTMENT'S
ENGINEER that the CITY's
responsibility as established. herein or a- part thereof is
not being properly accomplise'dMh„pursuant to the terms of
this AGREEMENT, said DISTRICT MMAINTENANCE ENGINEER may, at
his option, issue a written` notice, in care of the CITY
MANAGER, to place the CITY onnotice regarding its
maintenance ,deficiencies. Thereafter, the CITY shall have a
period of ninety (90) days within which to correct the
cited deficiency or deficiencies. If said deficiencies are
not corrected within this time period, the DEPARTMENT may,
i`tsA option, proceed as .follows:
1.Maintain ,the specialty surface crosswalks declared
deficient".;;,`, °:,with` DEPARTMENT and/or its independent
ontractor's materials, equipment and personnel. The
actual cost for such work will be charged to the CITY.
DISTRICT MAINTENANCE.
4.2.The "DEPARTMENT reserves the right to replace the
specialty surface crosswalks with conventional
pavement and bill the CITY for this cost.
5.NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or
given -hereunder, " shall be in writing and shall .be -._sent --:-by
Specialty Surfaces
Maintenance Memorandum of Agreement between Florida Departmem of Transportation and City of Miami
Page 4 of 9
registered mail or certified U.S. mail, return receipt
requested, postage prepaid, addressed to the party to
receive such notices as follows:
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY:
City of Miami
3500 Pan American,,,°7
Miami, Florida 3103
Attention: City, Manager
6. SPECIALTY SURFACE CROSSWALKS INSTALLATION
6.1.It is understood between "'the" parties hereto` that the
specialty surface crosswalks covered by this AGREEMENT
may be removed at any time inthe future, as found
necessary by the DEPARTMENT, in order that the
adjacent state road 7be widened, alte"redor otherwise
changed and maintained to -meet with 'future criteria or
planning of the DEPARTMENT Al ,costs associated with
such activities will be° solely `at the expense of the
DEPARTMEN
7. TERMINATION
This :AGREEMENT is subject ,to termination under any one of
the`follow_ing conditions:
l. By the DEPARTMENT, if the CITY fails 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 shall reserve 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 provisions of Chapter 119, of the Florida
Statutes.
7 . 3 -Only- .if mutually .agreed to by both parties with a six
Specialty Surfaces
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 5 of 9 •
(6) month written notice.
8. TERMS
8.1.The CITY:
i. 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 expresslyequire subcontractors
performing work#P Or provigig services
pursuant to t*Ystate contracto likewise
utilize the U.S. Department ciiomeland
Security's E-Verify system to verify the
employment of employees hired by the
subcontractor duringeAGREEMENT term.
8.2.The term of this JkGREEMENT shailly commence upon
execution by all partiesafter the CITY receives
the Notice To Proceetl":',6r5frpmAhe DEPARTMENT. This
AGRE conpau in '7perpetuity or until
termination as forth in Section 7.
8.3.ThfS embodies the entire AGREEMENT and
understanding th'e' parties hereto and there are
0gpother0%agreet4i5gg and understanding, oral or
wiW,,reference to•the subject matter hereof
that ate'4not merged herein.
.This AGREWNT'is nontransferable and nonassignable in
whole or 0 part without the prior written consent of
t,44DEPARTMENT.
8.5.ThiSApREEMENT, regardless of where executed, shall be
governed by and constructed in accordance with the
laws of the State of Florida.
Specialty Surfaces
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 6 of 9
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI:
BY:
City Manager
ATTEST:
City Clerk
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY:
District Director of
Transportation Operations
ATTES'
LEGAL REVIEW,,:
BY: BY:
City Attorne
Executive Secretary
District Chief Counsel
• Specialty Surfaces
• Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 7 of 9
EXHIBIT "A"
PROJECT LIMITS
Below are the limits of the specialty surface crosswalks to be
maintained under this AGREEMENT.
State Road Number: 933/NW 12th Avenue
Agreement Limits: From NW 14th Street (M. P 2 41.4) to north of NW
15 th
County:
Specialty Surfaces:
Street (M.P. 2.635)
Miami -Dade
• NW 12th Avenue & 14th Street Intersection - Intersection
Treatment (M.P. 2.414 to M.P. 2.513Y
• NW 12th Avenue & just a north of 15th _;Street - Crosswalk
Treatment (M.P. 2.633 toy MP 2,k635)
Table 1: Friction Number Conversions
40 mph
test Speeds Other Than
30 mph test
Speed
FN Results
To Convert t
4Omph
.50 mph Test
Speed
FN Results
To Convert to
40 mph
Results
ubtract °1
<26
Add 1
29 to
7
ux
ract 2
26 to 42
Add. 2
48 to 67
Subtract 3
43 to 60
Add 3
Specialty Surfaces
• Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 8 of 9
EXHIBIT "B"
CITY..OF MIAMI. RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
Specialty Surfaces
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 9 of 9