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FDOT Maintenance Memorandum of Agreement~~ - ~~~ _ ._--~- ` ' ` ~ ~ '' ATTACHMENT 1 . ,' ~ ~ ' .. ~ 1 . ~. FLORIDA DEPARTMENT OF~.TRANSPORTATION • ~ PLANTERS, PAVERS AND SPECIALTY SURFP,CES ,,• MAINTENP,NCE MEMORANDUM OF :AGREEMENT ` :• WITH CITY OF MIAMI BEACH - ~ ` This AGREEMENT; entered into this 21 day- of. ~~ f , • .20'l,b, by and between, the FLORIDA- .DEPARTMENT OF TRANSP RTATION, a .component agency o_f the State of Florida, hereinafter called the - DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation of the.St:ate of Florida, hereinafter called the CITY. • RECITALS: ' WHEREAS,' the DEPARTMENT .has jurisdiction over State. Road (S.R.), 93.4/Normandy Drive/71st Street, from ,West Bay Drive (M.P. 2..64.0) to 50 feet west of Colhins Avenue-(M.P. 4.175), within the- ' ~` limits of the CITY, as part of the State of Florida Highway System; and ~_ ,WHEREAS, the ,DEPARTMENT has drafted design. plans for . improvements on S.R. 934/Normandy Drive/71St Street,. from West Bay - -Drive to; 50 feet west of Collins Avenue, iri accordance with • ~ •DEPARTMENT. Contract # T-6.187 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 pl:ante"rs with sod,sidewalk pavers, and specialty surface ` crosswalks .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 , ~plo - 233cdi~ dated • ~--D~2.i l 14, 2010, 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..fol1•ows Planters, Pavers, and Specialty Surfaces Maintenance Memorandum, of Agreement between Florida Department of Transportation and City of Miami Beach . Page 1 of 9 ' •• '. 'I, DEPARTMENT RESPONSIBILITIES • 1. 1.: Ps s ignment ' The DEPARTMENT and the CITY agree that, by executing this AGREEMENT, all ,maintenance responsibilities pertaining to -. the. planters, sidewalk pavers, and specialty surface ~. crosswalks installed by DEPARTMENT.within the PROJECT •LIMITS,.pursuant to this ..AGREEMENT, .will-be~assi,gned ,to the CITY in perpetuity. 2.:; CITY'S MAINTENANCE RESPONSIBIL"ITIES The CITY shall be solely se~sporisi-ble•for-the maintenance and preservation of the planters,.. pavers, and .specialty surface crosswalks within the PROJECT LIMITS as"follows: 2.1. Maintain 'and make repairs-to the 'planters., pavers, and • specialty surface crosswalks to .prevent. safety hazards for those..us-ing or intending to use. the sidewalk and pedestrian. crossings. . 2..2,• Mow; cut and/or`trim and edge the grass or turf in . accordance with the latest edition of the 6tate of Florida "Guide. for. Roadside Mowing" and the latest ~: ~ edition.of the ."Maintenance Rating, Program". 2.3. On a biannual 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 FN4OR or equivalent .. • as specified. in Exhibit "A", Table 1, Failure to achieve minimum friction resistance shall require all • ~ lanes of he. crosswalk to- be .friction tested to ~.' ~ determine .the. extent of-the deficiency. A11 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 " ~ ; _ with a different product on the_Qualified Products . List .. 2.4. The CITY, shall conduct biannual condition surveys of the specialty surface crosswalks for rutting, raveling, pot holes, delaminaton and cracking (for the .life of - the adj scent pavement) • Planters,. Pavers, and Specialty Surfaces ' Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach . Page 2 of 9 ' a) Unless the pavement adjacent tothe cro"sswaIk 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 y ~ or delamination of the .specialty surface shall .not exceed 0.25 .inches in depth or more than 25 square t `• inches in area. Remedial work "shall include"the patching of the" specialty surface in accordance wi h the manufacturer's instructions. '"~ c) Unles's pavement adjacent in the intersection is .. deficient in cracking criteria,, cracking- width of ` the specialty, surface shall not exceed l/8 of an ~w inch for more -than 10 feet in` any lane of the crosswalk.- Remedial work shall 'include the full ~. depth removal of ,the specialty surface along the " -complete length of the crack (s) and for the width. . recommended by the manufacturer. 2.5. The results of all"friction.-tests and condition surveys. •: shall be sent to the District Maintenance Office's ' Warranty Coordna or with a ,cover let er. 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. . .~ 9 2.6. 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"identfied. ~2.7. No~ more than two (2) full .specialty. surface repairs shall be'made to an area without first resurfacing the pavement to its full depth. e 2.8.,"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." Planters,.Pavers„and Specialty Surfaces 4 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach " Page 3 of 9 " ' ~ _ 2.9. Remove and properly dispose of. .litter. from planters, • sidewalk pavers .and .specialty surfaces. • 2.10. For any routine repairs or replacement due to noticeable coaor. scarring or surface deterioration of ' the`sdewalk pavers and specialty surfaces, the .product. . authorized installer should be contacted. - 3. 'AMENDMENTS •. • °rThis AGREEMENT may be amended in. writing if mutually agreed to and executed by both parties. ' ': ~• ~"4. MAINTENANCE DEFICIENCIES ' If,,.at any time-while the terms of this AGREEMENT are in ~..,effect,t shall come. to -the a tenton of the DEPARTMENT'S ;•~ DISTRICT MAINTENANCE ENGINEER that the.CITY's responsibility ..~ ` as established herein, is not being `properly accomplished - pursuant to' the terms of this. AGREEMENT,. said DISTRICT MAINTENANCE. :ENGINEER may, at his option, issue a written .. ~ notice, .irz 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. °. -' •defciencies are not corrected within this time period, the . 'DEPARTMENT may, at its option, proceed as follows.: . :4.1.~Maintan th.e punters,. sidewalk. pavers; and specialty. °~ •- surface cr.osswalks•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.Thee. DEPARTMENT reserves the right to .replace the planters,° sidewalk pavers, `and 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 registered . , mail. or certified U.S. mail, return ;receipt requested, postage -. ~: ~" ..prepaid, ..addressed to~ the party to .receive such notices- as •~ - Planters„Pavers, and Specialty Surfaces 'Maintenance Memorahdum of Agreement between Florida Department of Transportation and City of Miami Beach • Page 4 of 9 ,- " ~ - foll-ows : ~ " . To .-the. DEPARTMENT: Florida Department of Transportation ' ~ '. 1000 Northwest 111 Avenue,- Room 62.0-5' " Miami, Florida. 33172-5800 ' ~ Attention: Dis-trict Maintenance Engineer, '' ` °' To the CITY: ` '~ City of Miami Beach 1700 Convention Center Drive _ ' .~~ Miami Beach,"Florida 33139 ' ~:. Attention:. City Manager. . ~` ,Copies toc ~ City of Miami Beach ~ " ` 1700 ~ Convention Center Drive ~ . . , "Miami Beach, Florida 33139 Attention: Public Works Director 6:. -PLANTERS, .SIDEWALK PAVERS,. AND•SPECIALTY SURFACE CROSSWALKS ` •,` `' INSTALLATION ~ .. , 6:.1;It is understoodbetween the parties hereto that the planters;.,- sidewalks pavers, and ,specialty "surface . 'crosswalks";covered by this AGREEMENT .may be removed "at ~, any time in the future, as found necessary by the • ~ DEPARTMENT,. ri 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 w111 be solely ' ,' at. the ;expense of the DEPARTMENT., 7 : ~ ~ . TERMINATION `. ~ ; This AGREEMENT .is subject to termination under a-ny one of the ' :following corrditions~.: . 7.1. Iri ~ 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,, r letters,. or other materials. made or received by the CITY - ~ ~ , pertinent i.o -. this .AGREEMENT -which are subject ~ to provisions of Chapter 119, of the Florida Statutes. a x T.2.If~mutually agreed to by both parties with a six {6) month written" notice . :Planters, Pavers; and Specialty Surfaces Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach .P ~ Page 5 of 9 .. ' - "~• 8. TERMS _ - . 8.1.Theterm of.•thi 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. . $:2.Ths.. writing ".embodies the. entire' AGREEMENT and. • understanding between the parties hereto and there are .;• `` not other agreements and understanding,- oral .or written, with .reference to the' ubject matter.here,of•that are not.. .. merged.$eren. { -: 8.3.Ths AGREEMENT is .nontransferable and ronassgnable in whole or :in part without the prior-'written consent of the DEPARTMENT. • ~- - 8.4.Ths AGREEMENT,"regardless of where executed, shall be governed-by and constructed iri-accordancewith the. laws of .the State of -Florida . ~~ -IN WITNESS WHEREOF,.. the parties hereto -have caused these , presents to`beexecutedthe day and year frst• above written::. CITY OF MIAMI. BEACH: ~ STATE OF FLORIDA • ' DEPARTM OF TRANSPORTATION; • t" BY :. BY ; _- .. a_ _- - - - ---_=---~ - 1 i rict Secretary Matti Herrera Bower i `." Mayor 1 _, ; • "• `" ~ • ATTEST a (~ Gvt. C ATTEST : ~~~ ~- _.r~ . • ~ City Clerk - Executive Sir to ary . ,.. C7 " ~ ~ District Chief Counsel APPROVED AS TQ , . " FORM & LANGUAGE • - Planters, Pavers, and' Specialty Surfaces tSC FO ~XECtJTlON Maintenance Memorandum of Agreement between Florida Department of Transportation and- of Mi i Beach Page 6 of 9 , • . " ity Attocn ate EXHIBIT "A" PROJECT LIMITS . Below ,are the- limits of the planters, sidewalk pavers,. and specialty.surface crosswalks to be maintained under this "AGREEMENT. State Road Number: 93'4/Normandy Drive/71st Street Agreement. Limits: From West Bay Drive (M.P. 2.640) to 50 feet west ~" of Collins Avenue (M.P. 4.175) .:County:. Miami-Dade Planters .. ~~ • Intersections of 71St Street & o.Dickens Avenue - At the northwest and southeast corners " ~ -. o .Carlyle Avenue - At`the southwest and southeast corners . _ o, Byron Avenue - At the northwest and northeast corners o Abbott Avenue - At the southwest corner o Bay° Drive East - southwest, southeast and northeast . corners . • Median island on the south side of-71St Street and Bonita Drive Sidewalk Pavers: • Intersections of 71St Street & ~ " F .. o Rue Vendome - Install pavers along, the four "(4) corners o. Bay Drive East - Replace pavers in-kind on all four , corners o Bonita `Dr"ve - Replace pavers in-kind on all four corners ~o Indian Creek Drive - Replace. pavers. in-..kind on the northwest, southwest.-and southeast corners o Byron Avenue - Replace. .pavers in-kind on all-four corners o Abbott. Avenue - Replace pavers in-kind on,all four ,, " corners o Harding Avenue - Replace pavers in-kind 'ori the northwest,~~ southwest and southeast corners Planters,. Pavers, and Specialty Surfaces _ .Maintenance Memorandum of F~greement between Florida Department of Transportation and'City of Miami Beach Page 7 of 9 ~ Intersec~igns of. Normandy Drive,& o Rue Notre Dame - Replace pavers in-kind along the northeast. corner o: Rue Versailles - Replace pavers in-.kind along the northeast and northwest.-corners o Rue'-Vendome - Replace pavers 'in-kind on the northeast .and northwest corners S.pecialnty. Surface Crosswalks : ~ . ~•,Normandy Drive & Rue Vendome - Install specialty surface - crosswalk ' ~ ~ Intersections of 71St Street & ' _. o~Rue Vendome - install specialty surface crosswalk on .the . northeast and northwest corners. o .Bonita Drive -across the north and south legs (east-west •.A '.crossings) ~. ~ o Dickens Avenue/Ind'ian Creek Dr. - north, east and south . legs q Carlyle Avenue - north .and south legs ~. '- ~ o Byron Avenue,- north and south legs ,o Harding .,Avenue o Abbott Avenue . _~ :Table 1:.~ Friction Number Conversions for Test Speeds Other Than 40 mph. ` 30 mph Test Speed FN Results To Convert to 40 mph Results 5O mph Test. Speed FN Results ~ To Convert to 40 mph Results <29 =Subtract 1 <26 Add 1 29 to 47 Subtracf 2 26 to 42 Add 2~ 48 'to 67 Subtract.3 43 to 60 Add 3 EXHIBIT "B" CITY OF MIAMI BEACH RESOLUTION 'ITo be herein incorporated once ratified by the CITY Board of ::Commissioners . Planters, Pavers, and Specialty Surfaces Maintenance.Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 9of9.