Loading...
HomeMy WebLinkAboutExhibit AFLORIDA DEPARTMENT OF TRANSPORTATION PATTERN PAVEMENT CROSSWALKS, SPECIALTY SURFACES, ROADWAY LIGHTING, LANDSCAPE AND DECORATIVE LIGHTING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI This AGREEMENT, entered into on , 20, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an 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, and collectively referred to as the PARTIES. RECITALS: A. The DEPARTMENT has jurisdiction over State Road (S.R.) 5/US-1/US 41/SE 2nd Street from SE 3rd Avenue to SE 2nd Avenue, and S.R. 5/ US-1/US 41/SE 2nd Avenue from SE 2nd Street to SE 3rd Street, which is located within the limits of the CITY; and B. The CITY has drafted design plans for beautification improvements on S.R. 5/US-1/US 41/SE 2nd Street from SE 3rd Avenue (M.P 0.088) to SE 2nd Avenue (M. P 0.166), and S.R. 5/ US-1/US 41/SE 2nd Avenue from SE 2nd Street (M.P 0.166) to SE 3rd Street (M.P 0.226), the limits of which are described in the attached Exhibit 'A' (the PROJECT LIMITS), which by reference shall become a part of this AGREEMENT; and C. The CITY will install pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping within the PROJECT LIMITS in accordance with the design plans for: • Construction Agreement(s) # • Permit Number(s) hereinafter referred to as (the "Project"); and D. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party with regards to the maintenance of the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping installed pursuant to the Project; and Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 1 of 15 E. The CITY, by Resolution No. , dated , attached hereto as Exhibit `B', which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. 2. DEPARTMENT RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping within the PROJECT LIMITS to the CITY in perpetuity upon the DEPARTMENT's release of its contractor from further warranty work and responsibility. 3. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook as may be amended from time to time, the Project Specifications and Special Provisions, and in accordance with the standards set forth in the Project Plans. Additionally, when the DEPARTMENT does not have guidelines, standards, and procedures related to certain maintenance activities, the CITY shall maintain the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping in accordance with Federal standards, guidelines, and procedures, as may be amended from time to time, and in accordance with all Manufacturer's and Vendor's maintenance recommendations. The CITY shall ensure that any improvements and modifications comply with the terms of this AGREEMENT and meet the DEPARTMENTS's safety guidelines. The CITY's maintenance obligations shall include but not be limited to: Maintenance Memorandum ofAereernenl between Florida Department ot'Transportation and City of htnunr Page 2of15 3.1 General: a. Removing and disposing of litter from roadside and median strips in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. b. Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. c. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT's right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. 3.2 Pattern Pavement Crosswalks: a. Within sixty (60) days of project acceptance by the DEPARTMENT, all lanes of each patterned crosswalk shall be evaluated for surface friction. The friction test shall be conducted using either a locked wheel tester in accordance with FM 5-592 (Florida Test Method for Friction Measuring Protocol for Patterned Pavements) or a Dynamic Friction Tester in accordance with ASTM E1911. FM5-592 can be accessed at the following link: http://materials.dot.state.fl.us/smo/administration/resources/li brary/publications/fstm/Methods/fm5-592.pdf b. The initial friction resistance shall be at least 35 obtained at 40 mph with a ribbed tire test (FN4OR) or equivalent. Failure to achieve this minimum resistance shall require all deficient crosswalk areas to be removed to their full extent (lane -by -lane) and replaced with the same product installed initially. If the DEPARTMENT determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the Qualified Products List (QPL) or replaced with conventional pavement. Maintenance Memorandum oIAgrcement between Florida Department of Transportation and City of Miami Page 3 of 15 c. Approximately one (1) year after project acceptance and every two (2) years thereafter and for the life of the adjacent pavement, only the outside traffic lane areas of each patterned crosswalk shall be tested for friction resistance in accordance with ASTM E274 or ASTM E1911. Friction resistance shall, at a minimum, have a FN40R value of 35 (or equivalent). d. The results of all friction tests shall be sent to the District's Warranty Coordinator with a cover letter either certifying that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. e. Failure to achieve the minimum 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 the DEPARTMENT determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the QPL or replaced with conventional pavement. f. When remedial action is required in accordance with the above requirements, the CITY shall complete all necessary repairs at its own expense within ninety (90) days of the date when the deficiency was identified. No more than two (2) full depth patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1" minimum depth. g• The DEPARTMENT will not be responsible for replacing the treatment following any construction activities in the vicinity of the treatment. h. Should the CITY fail to satisfactorily perform any required remedial work in accordance with this AGREEMENT, the DEPARTMENT reserves the right to replace the patterned pavement with conventional pavement (matching the adjacent pavement) and bill the CITY for this cost. 3.3 Specialty Surfaces The CITY shall inspect, manage and perform maintenance and repairs of all planters, pavers, specialty surfaces, concrete segments bordering all pavers and specialty surfaces located within the PROJECT LIMITS. The CITY's responsibilities and maintenance obligations hereunder shall include, but not be limited to: Maintenance Memorandum of Agreement between Florida Department of -Transportation and City of Miami Page 4 of 15 a. Performing routine and regular inspections of the pavers and specialty surfaces sidewalks surface to ensure that the surface is ADA compliant; b. Identifying damage and/or malfunctions in the pavers and specialty sidewalks surfaces; and repairing and/or replacing damaged areas to ensure surfaces are maintained and that they do not pose safety hazards for the public. c. Conducting annual condition surveys of the specialty surfaces for gaps, settlement, drop-offs, rutting, raveling, pot holes, delamination, cracking and other deficiencies described in this AGREEMENT. d. Sweep the sidewalk pavers and 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 cleaning. e. Remove and properly dispose of litter from planters, sidewalk pavers and specialty surfaces. f. For any routine repairs or replacement due to noticeable color scarring or surface deterioration of the sidewalk pavers and specialty surfaces, the product authorized installer should be contacted. g• Ensuring that gaps within the pavers and specialty sidewalks surfaces shall not exceed a quarter (1/4) of an inch. Differential settlement within the concrete/finish surfaces shall not exceed a quarter (1/4) of an inch in depth. h. Undertaking the maintenance and repair (when needed) of proposed detectable warning surface as specified in the Project and the latest STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION and in accordance with all applicable DEPARTMENT guidelines, standards, and all applicable ADA requirements, as amended from time to time. i. 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. Maintenance tvlemorandum of Agreement between Florida Department of Transportation and City of Miami Paee5of15 j• Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. 3.4 Roadway Lighting: The CITY shall be responsible at no cost to the DEPARTMENT for the maintenance of all the Roadway Lighting System within the project limits. The CITY shall be responsible for performing the work described below: a. The parties herein agree that the lighting system includes: light poles, attached signs, light fixtures, luminaire, foundations, pull -boxes, conductors, conduits, load centers, and all wiring from the tie-in (service point) location with the power company to the load center and from the load center to the components that make up the lighting system. b. The CITY shall maintain the entire lighting systems at a minimum of 95% operational at all times. c. The CITY assumes responsibility for the cost of electricity, maintenance and repairs to the entire lighting systems. d. The CITY is responsible for the removal, disposal and replacement of knock -down light poles and light poles foundation caused by traffic accidents in a manner that will protect the general public. e. The CITY shall replace stolen wire and any other component of the lighting system affected by theft and vandalism. The existing electrical panel and circuit wires shall be maintained by the CITY. f. The CITY shall conduct the lighting system work in a manner as to ensure the least practical interference with the roadway and pedestrian. g• The CITY shall perform all work in accordance with the latest laws of the State of Florida, applicable municipal ordinances, regulations and requirements of the Public Services Commission, the current standard of the National Electric Code, the latest edition of the Department of Transportation Standard Specifications for Road Bridge Construction, and the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and amendments thereto. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page6of15 h. In the event that the lighting system is damaged due to construction by the DEPARTMENT, or any third party permitted by the DEPARTMENT, the lighting system shall be restored promptly to its original condition by the DEPARTMENT or the third responsible party at no cost to the CITY. The CITY shall not be liable for any damages, claims, losses or actions arising out of such damages. i. It is understood between the parties hereto that the Electric System covered by this AGREEMENT may be removed, relocated or adjusted 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. 3.5 Landscaping and Decorative Lighting: a. The CITY shall maintain the landscape in accordance with the International Society of Arboriculture standards, guidelines, and procedures, as may be amended from time to time. b. Mowing, cutting and/or trimming and edging the grass and turf. c. Pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof. d. Removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in the Project Plans and in the Project Specifications, incorporated herein by reference, and all applicable DEPARTMENT guidelines, standards and procedures, as may be amended from time to time. All replacement materials shall be in accordance with the Project Plans and the Project Specifications and Special Provisions. e Mulching all plant beds and tree rings. f. Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. g. Watering and fertilizing all plants as needed to maintain the plant materials in a healthy and vigorous growing condition. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 7 of 15 h. Paying for all water use and all costs associated therewith. i. Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by 3.a through 3.h. Performing routine and regular inspection of the decorative lighting performance to ensure that the system(s) are fully functional; identifying damage and/or malfunctions; repairing or replacing broken or missing lighting equipment; and adjusting light throw to eliminate interference with visibility of motoring public. The DEPARTMENT may, at its sole discretion, perform periodic inspection of the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The Department shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. 4. MAINTENANCE DEFICIENCIES If at any time it shall come to the attention of the DEPARTMENT that the CITY's responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to notify the CITY of the maintenance deficiencies. From the date of receipt of the notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: a. Maintain the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping, or a part thereof and invoice the CITY for expenses incurred; or Maintenance Memorandum of Agreement between Florida Depantnent of Transportation and City of Miami Page 8 of I5 b. Terminate this AGREEMENT in accordance with Section 7, remove any or all the pattern pavement crosswalks, pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal. 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 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 444 S.W. 2nd, Ave. 10th Floor Miami, FL 33130 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE PATTERN PAVEMENT CROSSWALKS, SPECIALTY SURFACES AND ITS CONCRETE BORDER, ROADWAY LIGHTING, DECORATIVE LIGHTING AND LANDSCAPING a. The PARTIES agree that the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT's sole discretion. In the event that the DEPARTMENT relocates or adjusts the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping, the CITY's maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the PROJECT LIMITS. Maintenance Memorandum of Agreement between Florida Department of Transportation and Cite of Miami Page 9 of 15 7. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. b. 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. c. If mutually agreed to by both parties, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. 8. TERMS a. The effective date of this AGREEMENT shall commence upon execution by the PARTIES. This AGREEMENT shall continue in perpetuity or until termination as set forth in Section 7. b. E-Verify The CITY / Contractors or Vendors shall: i. Utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and ii. Expressly require any 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 eligibility of all new employees hired by the subcontractor during the contract term. (Executive Order Number 2011-02) The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this AGREEMENT. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 10 of 15 c. This writing embodies the entire AGREEMENT and understanding between the PARTIES hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. d. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. e This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. f. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. g• A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. i. The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. J No term or provision of this AGREEMENT shall be interpreted for or against either Party because the Party or its legal representative drafted the provision. k. The DEPARTMENT is a state agency, self -insured and subject to the provisions of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 9. INDEMNIFICATION Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 11 of 15 assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorney's fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to this AGREEMENT, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence of the DEPARTMENT. The CITY's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY's receipt of the DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT's failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. The CITY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the CITY's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was solely negligent shall excuse performance of this provision by the CITY. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Maintenance Memorandum of Agreement between Florida Depanment of Transportation and City of Miami Page 12 of 15 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 Mayor District Director of Transportation Operations ATTEST: (SEAL) ATTEST: CITY Clerk Executive Secretary LEGAL REVIEW: BY: BY: CITY Attorney District Chief Counsel Maintenance Memorandum of Agreement between Florida Department ofTransponanon and City of Miami Page I3ofI5 EXHIBIT 'A' PROJECT LIMITS Below are the limits of the pattern pavement crosswalks, pavers, specialty surfaces, decorative lighting and landscape to be maintained under this AGREEMENT. State Road Number: 5 Agreement Limits: SE 2nd Street from SE 3rd Avenue (M.P 0.088) to SE 2nd Avenue (M.P 0.166), and SE 2nd Avenue from SE 2nd Street (M.P 0.166) to SE 3rd Street (M.P 0.226) , County: Miami -Dade Maintenance Memorandum of Agreement betneen Florida Department of Transportation and City of Miami Page 14 of 15 EXHIBIT 'B' CITY RESOLUTION To be herein incorporated once ratified by the City of Miami Board of Commissioners. Alaintenance Memorandum ol'Agreement between Florida Department ofTransportation and City of rliamt Page 15 of 15