FDOT Maintenance Memorandum of Agreement~- Tr+~-cc~r~~~
FLORIDA DEPARTMENT OF TRANSPORTATION
PATTERNED TEXTURED PAVEMENT ON PEDESTRIAN CROSSINGS
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH
CITY OF MIAMI BEACH
This AGREEMENT, entered into this day .of 2008,
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 BEACH, a municipal corporation of and existing under
the Laws of the State of Florida, hereinafter called the CITY.
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WHEREAS, the DEPARTMENT has jurisdiction over State Road (SR)
112/41s1 Street from Chase Avenue to Pine Tree Drive, within the limits
of the CITY, as part of the State of Florida Highway System; and
WHEREAS, the DEPARTMENT is installing patterned textured pavement
crosswalks on SR 112 in accordance with DEPARTMENT Contract #T-6163,
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 the DEPARTMENT to install
patterned textured pavement crosswalks, at various intersections
within the PROJECT LIMITS, and the DEPARTMENT is willing to do so
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:
Patterned Texhired Pavement Crosswalks Maintenance Memorvidum of Agreement between Florida Department of Transportation
and Cit)~ of Miami Beach
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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 patterned textured pavement crosswalks installed by the
DEPARTMENT on behalf of the city on various intersections
within the PROJECT LIMITS will be assigned to the CITY in
perpetuity.
2. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall be solely responsible for maintenance of the
decorative asphaltic surface on all patterned textured pavement
crossings installed by the DEPARTMENT on behalf of the CITY
within the PROJECT LIMITS and shall:
2.1 Periodically remove all litter from the patterned
textured pavement crosswalk surfaces.
2.2. Maintain and make repairs to the patterned
textured pavement crosswalk surfaces to prevent
safety hazards for those using or intending to
use the pedestrian crossings.
2.3 Periodically sweep the patterned textured
pavement surfaces on pedestrian crossings 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.
2.4 For any routine repairs or replacements due to
noticeable color scarring or surface
deterioration of the patterned textured pavement
surfaces, the product authorized installer should
be contacted (Atlantic Paving Co., Inc. of 8309
NW 70t'' St., Miami, Florida 33166/Phone No. 305-
513-8632).
Patterned Textured Pavement Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation
and City of Miami Beach
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3. AMENDMENTS
This AGREEMENT may be amended in writing if mutually agreed to by
both parties.
4. MAINTENANCE DEFICIENCIES
If, at any time during the term of this AGREEMENT, it shall come
to the attention of the DEPARTMENT'S DISTRICT MAINTENANCE
ENGINEER that all or any part of the CITY'S maintenance
responsibilities, as established herein, are 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) calendar days within which to
correct the cited deficiency or deficiencies. If said
deficiencies cited are not corrected, or (if the deficiency or
deficiencies are such that it/they can not be corrected within 30
days) if the CITY does not commence to correct the cited
deficiency or deficiencies within this time period, the
DEPARTMENT may, at its option, proceed as follows:
4.1. Maintain the patterned textured pavement crosswalks declared
deficient with DEPARTMENT and / or independent contractor's
materials, equipment and personnel. The actual cost for
such work will be charged to the CITY.
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 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
Attention: District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
Patterned Textured Pavement Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation
and City of Miami Beach
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6. PATTERNED TEXTURED PAVEMENT CROSSWALKS INSTALLATION
6.1. It is understood between the parties hereto that the
patterned textured pavement 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
7.1 This AGREEMENT is subject to termination for cause after the
DEPARTMENT'S completion of construction and installation of
the patterned textured pavement crosswalks contemplated and
covered herewith and further subject to, and under the
following conditions:
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 Notwithstanding Section 7.1 above, the AGREEMENT may be
terminated without cause only if mutually agreed to by
both parties, with a six (6) month written notice.
8. TERMS
8.1. The terms 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.
8.2. 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
Patterned Textured Pavement Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation
and City of Miami Beach
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8.3. This AGREEMENT is nontransferable and nonassignable in
whole or in part without the prior written consent of the
DEPARTMENT.
8.4. This AGREEMENT, regardless of where executed, shall be
governed by and constructed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH:
BY:
Mayor
ATTEST:
City Clerk
APPROVED AS TO
FORM & LANGUAGE
$ FOR E,~ECUTION
BY:
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a
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY:
District Secretary
ATTEST:
LEGAL REVIEW:
Executive Secretary
District General Counsel
Patterned Texhued Pavement Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation
and City of Miami Beach
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EXHIBIT `A'
PROJECT LIMITS
Below are the limits of the patterned textured pavement surface
pedestrian crossings to be maintained under this AGREEMENT.
State Road Number: 112 (41St Street)
Agreement Limits: From Chase Avenue to Pine Tree Drive
County: Miami-Dade
Patterned Texhued Pavement Crosswalks Maintenance Memorvidum of Agreement between Florida Department of Transportation
and City of Miami Beach
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EXHIBIT `B'
CITY RESOLUTION
To be herein incorporated once ratified by the City of Miami Beach
Board of City Commissioners.
Patterned Textured Pavement Crosswalks Maintenance Memorandum of Agreement between Florida Department of Transportation
and City of Miami Beach
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