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Home My WebLink AboutExhibit 1FLORIDA DEPARTMENT OF TRANSPORTATION SPECIALTY SURFACE CROSSWALKS 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, hereinafter called` the DEPARTMENT, and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter' called the CITY. RECITALS: WHEREAS, this AGREEMENT shall supersede the Decorative Pedestrian Crosswalks Maintenance Memorandum of Agreement - State Road (S.R.) 5/Brickell Avenue from south of SE 25Lh Road to SE 5th Street, entered into on February 22, 2010, approved by CITY Commission Resolution No. 09-0534; and WHEREAS, the DEPARTMENT has jurisdiction over S.R. 5/Brickell Avenue from SE 5th Street (M.P. 8.846) to south of SE 25th Road (M.P. 10.405), within the limits of the CITY, as part of the State of Florida Highway System; and WHEREAS, the DEPARTMENT has previously installed specialty surface crosswalks within PROJECT LIMITS, in accordance with DEPARTMENT Contract # T-6190; and WHEREAS, the DEPARTMENT has drafted design plans for improvements on S.R. 5/Brickell Avenue from SE 5th Street to south of SE 25th Road, in accordance with DEPARTMENT Contract # T-6277 the limits of which, hereinafter PROJECT LIMITS, are described in the attached Exhibit -A", which by reference hereto shall become a part hereof; and WHEREAS, the DEPARTMENT and the CITY are both committed to improving the aesthetics within the PROJECT LIMITS; and WHEREAS, the CITY has requested that the•DEPARTMENT install 'specia:1ty ur'face .crosswalks within PROJECT•.LIMITS, and.::the• ..: . DEPARTMENT- is :milling to do so subject to the terms-- and: conditions - .- . contained herein; and ' Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 1 of 9 1 c/ 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 1.1.Assignment The DEPARTMENT and the CITY agree that, by executing this AGREEMENT, all maintenance responsibilities pertaining to the specialty surface crosswalks installed by DEPARTMENT 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 maintenance and preservation of the specialty surface crosswalks within the PROJECT LIMITS. 2.1. Maintain and make repairs to the specialty surfaces to prevent safety hazards for those using or intending to use the crosswalks. 2.2. On an annual basis, the area of each crosswalk in the outside traffic lane shall be tested for friction resistance in accordance with ASTM E 274-06. Friction resistance shall be no less than 30 FN40R or equivalent as specified in Exhibit "A", Table 1. Failure to achieve minimum friction resistance shall require all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shall be removed to their full extent (lane -by - lane) and replaced with the same product installed initially.. If more than fifty percent (50%) of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed a. different-, .pr.o.duct:.„on .-the..: -Qualified . Products. List. 2.3. TheCITYshall conduct annual condition surveys of the. .specialty surfaces for rutting, raveling, pot holes, Specialty Surface Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page2of9 delamination and cracking for the life of the adjacent pavement. a) Unless the pavement adjacent to the crosswalk is also deficient in rutting, rutting depth of the 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 patching 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-1/8 of an inch for more than 10 feet in any lane of the crosswalk. Remedial work shall include as a minimum, the full depth removal of the specialty surface along the complete length of the crack(s) and for the width recommended by the manufacturer. 2.4. The results of .all friction tests and condition surveys shall be sent to the District Maintenance Office's Warranty Coordinator with a cover letter either certifying that the crosswalks comply with the above stated requirements, or what remedial action will be taken to restore the friction and/or integrity of the crosswalk area. 2.5. When remedial action is required in accordance 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. 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 -debrisand to maintain an aesthetically pleasing condition: A light pressure Specialty Surface Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 3 of 9 washing may be necessary for heavy stain removal or -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. 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 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 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, at its option, proceed as follows: 4.1.Maintain the specialty surface crosswalks declared deficient with DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the CITY. 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; demandsconsents, approval ,- and. „other, communication which are required to be served 'or given hereunder, shall be in writingand 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 Specialty Surface Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 4 of 9 follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To the CITY: City of Miami 444 SW 2Pd Avenue Miami, Florida 33130 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 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 DEPARTMENT. 7. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: 7.1.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. 7.2.Only if mutually agreed to by both parties with a six (6) month written notice. 8. TERMS 8.1.The CITY shall utilize the U.S. Department of Homeland Security's `E-Verify system,n-accordance with the, terms governing use of the system, to confirm the employment eligibility of: i all persons employed by the CITY during the_ Specialty Surface Crosswalks - 'Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 5of9. term of this AGREEMENT to perform employment duties within Florida; and ii. all persons, including subcontractors, assigned by the CITY to perform work pursuant to this AGREEMENT with the DEPARTMENT. 8.2.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. 8:3.This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are not other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein. 8.4.This AGREEMENT is nontransferable and nonassignable in whole or in part without the prior written consent of the DEPARTMENT. 8.5.This AGREEMENT, regardless of where executed, shall be governed by and constructed in accordance with the laws of the State of Florida. Specialty Surface Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page6of9 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 District Secretary ATTEST: ATTEST: City Clerk Executive Secretary LEGAL REVIEW: BY: BY: . City Attorney District Chief Counsel Specialty Surface Crosswalks =" 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: Agreement Limits: County: 5/Brickell Avenue. From 5th Street (M.P. 8.846) to south of SE 25th Road (M.P. 10.405) Miami -Dade Intersection of Brickell Avenue &: • Crosswalk at station 68+60+ (includes removal of existing brick pavers) • Crosswalk at station 91+20+ (includes removal of existing brick pavers) • • • SE SE SE 5th Street (all four legs) 7th Street (all four legs) 8th Street (all four legs) • SE 10th Street (all three legs) • 1100 Block • SE 13th Street (all four legs) • SE 14th Street (all four legs) • 14th Terrace • SE 15th Road (all four legs). Incorporate herein by reference are the Plans for the specialty surface crosswalks. Table 1: Friction Number Conversions for Test Speeds Other Than 40 mph 30 mph Test Speed FN Results To Convert 40 mph Results to 50 mph Test Speed FN Results To Convert to 40 mph Results <29 . = -.Subtract 1. '<.26 =. Add'-1 29 to 47 Subtract 2 26 to 42 Add 2 _. 4 8 to 67 Subtract 3 :.;::;.. 4.3 to 60 . , .. _ ..Add..3. ..,.:.. Specialty Surface Crosswalks Maintenance Memorandum of MI -cement between Florida Department of Transportation and City of Miami Page8of9 EXHIBIT "B" CITY OF MIAMI RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners. Specialty Surface Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page9of9