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FDOT Maintenance MOM FLORIDA DEPARTMENT OF TRANSPORTATION SPECIALTY SURFACE CROSSWALKS AND SPEED FEEDBACK SIGN MAINTENANCE MEMORANDUM OF AGREEMENT WITH CITY OF MIAMI BEACH This . AGREEMENT, entered into this � ay of 2'0, -by - and between the FLORIDA DEPARTMENT OF TRANSPORTA ON, a component agency of the State of Florida, , hereinaf ter cal Ted the DEPARTMENT, and the_ CITY OF MIAMI BEACH, a municipal corporation of the State of Florida,. hereinafter called the CITY RECITALS WHEREAS, this AGREEMENT shall supersede the Patterned Textured.. Pavement on Pedestrian... Crossings, Maintenance Memorandum of Agreement. - Stat.e Road (S. R .,) 1,12 / 4 l Street , f rom ' ,.Chase . Avenue to Pine Tree Drive, entered.into.on December 1, -2008, approved by CITY Commission.Resolution No,. 2008-26935; and WHEREAS, the DEPARTMENT has j urisdi'ction over. S. R'. 112 /41 Street from east of-Alton Road ,(M.P. 0.010) to Pine Tree Drive (M. P . 0 594) , within the limits of the CITY, as 'part of the State of Florida- Highway System, hereinafter called the PROJECT LIMITS; and WHEREAS, the DEPARTMENT has.previously installed specialty surface crosswalks within the PROJECT LIMITS, in accordance With DEPARTMENT Cont # T 6163.; and WHEREAS,' the DEPARTMENT has" drafted design plans 'for improvements on S. R. 112 /41 Street ' from east of Alton Road to Pine Tree Drive, within the PROJECT LIMITS, in accordance with' DEPARTMENT Contract ## T -6262, 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 spec ialty surface crosswalks and a speed feedback sign, within the PROJECT LIMITS, and the DEPARTMENT is willing to do so subject to the terms and-conditions contained herein; and. Specialty Surface Crosswalksand Speed Feedback Sign Maintenance Memorandum of Agreement between Florida Department of Transportaticand City of Miami Beach Page 1 of 1 l WHEREAS, the CITY, by Resolution No. :2p1►e.V�b35 dated i t 1 3 1 20il , attached hereto as Exhibit "B" which by reference " hereto shall become a part hereof, desires to enter into—this AGREEMENT and authorizes its off icers to do so. NOW,. THEREFORE, for and in consideration of the mutual benefits to flow each to the other', the parties c ovenant.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 and speed,feedback sign installed by DEPARTMENT within the PROJECT LIMITS, pursuant to this will be assigned to the CITY in perpetuity. 2. CITY'S MAINTENANCE RESPONS'IBILSTIES The CITY shall be solely responsible - for the maintenance and preservation of the specialty surface crosswalks and speed feedback sign within the PROJECT LIMITS. 2.1. SPECIALTY SURFACE CROSSWALKS a) Maintain and make repairs to the specialty surfaces to prevent',safety hazards for those using or intending to use the pede strian crossings. b) On an annual basis, the area of each crosswalk in the - _outside. traf - fic lane shall be tested for friction resistance in accordance with ASTM E 274- Friction "resistance shall be no less than 30 FN40R or equivalent as specified in Exhibit "A" , Table 1. Failure_ to achieves 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 (500) o,f the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the.Qualified Products List Specialty Surface Crosswalksand Speed Feedback Sign Maintenance Memorandum of Agreement between Florida Department of Transportaticand City of MiamiBe'ach Page 2 of 11 c) The CITY shall conduct 'annual condition 'surveys of .,the specialty surfaces for - rutting, raveling, 'pot holes, `delamination .'and cracking for . the life of -the adjacent pavement. i.. Unless the pavement adjacent. to _ the .crosswalk is `also deficient in rutting, ruttiftg . 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. ii.. 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 2 5 square - inche.s .1n area. Remedial work shall the atc:hin 'of the s ecialt surface in P. g ' P Y accordance with the ' .. _ - " manufacturer s instructions iii'. Unless . pavement adjacent in the intersecti - on 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 ' 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 (8)' and for the _ width recommended: by the manufacturer... d) 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 cr.os`swalk area. e) When remedial action-is required in.accordance with the above requirements,. the CITY at its own expense. - shall cdmp "'all necessary repairs within ninety, °t (90) days of . the date the deficiency is identified, provided, however,; that if .the necessary repairs _ Specialty Surface.Crosswalksand Speed Feedback Sign Maintenance Memorandum of Agreement between. Florida Department of Transportaticffnd City of MiamiBeach Page 3 of 11 - cannot be completed with ninety (90) days then, upon written, request from the CITY, :the DEPARTMENT shall consider 'grant ing the .CITY an extension -of the within which to make anal 'complete such repairs; for `up to an additional ninety (90) days f) No more than two (2) full specialty surface repairs shall be made to an area without first resurfacing the . pavement to. its full depth. g) 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 cleaning. h) Remove and properly dispose of litter from specialty surfaces ) 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. 2.2 SPEED FEEDBACK SIGN: a) The CITY shall maintain and repair the speed,! 'feedback sign as . detailed' in the .attached Exhibit ' "Cif Speed Feedback Sign. maintenance', which by reference hereto shall become a part hereof '. 3. AMENDMENTS _This AGREEMENT may be amended in writing if mutually agreed to by both parties. 4. MAINTENANCE DEFICIENC "IE'S - If , at any time while the terms- of this AGREEMENT are in • effect, the .CITY fails to comply with its responsibilities established herein, said DISTRICT MAINTENANCE ENGINEER may, at his option, is -sue 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 deficiency or deficiencies are not corrected within this time period,, the,. DEPARTMENT may, at . its Specialty Surface Crosswalksarid Speed Feedback Sign Maintenance Memorandum of Agreement between Florida Department of Transportaticand City of MiamiBeach Page 4 of 11. option, proceed as follows: 4. Maintain the specialty surface- crosswalks and speed-' feedback sign 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; or 4.2 The DEPARTMENT. reserves the right to replace the specialty surface crosswalks with conventional,pavement and bill the CITY .for .this cost; or 4.*3 :. Upon written request by the. CITY,,,. prior to the expiration of the initial ninety (9 >0) day cure the' DEPARTMENT may consider granting the CITY an extension of up to ninety (90) additional. days, within which to continue to correct the cited deficiency or deficiencies- 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 asxr follows: To the DEPARTMENT: Florida Department of Transportation 10'00 Northwest 111 Avenue,. Room 6205 Miami, Florida ,33172-5 Attention: District Maintenance Engineer To the CITY: City of Miami Beach- 1700 Convention Center-Drive Miami. Beach,,, Florida 33139 Attention: City Manager, 6. SPECIALTY SURFACE CROSSWALKS AND SPEED FEEDBACK SIGN INSTALLATION 6.1. It is` understood - between the.. parties hereto that the specialty surface', ,cros.swalks and speed feedback sign covered by this AGREEMENT may be removed at any time in the future, as f.ound 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 Specialty Surface Crosswalksand Speed Feedback Sign 4 Maintenance Memorandum of Agreement between Florida Department of Transportaticand City of MiamiBeach .Page_ 5 of 11 associated with such - activities" will be solely at the expense of the DEPARTMENT, and, in such event, - the CITY.' s . obligation t maintain any removed improvement(s),shall terminate upon removal: 7 . TERMINATION This AGREEMENT is subject to termination under any one 'of the following conditions: • : - 7.1. In accordance with. Section 287..058(l) (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 R. TERMS 8.1. The CITY shall utilize the U. S. Department of Homeland . Security's E- Veri system, in -accordance with the terms governing use of the system, to confirm the employment eligibility of '. all persons employed by the CITY during the > term of this AGREEMENT to perform employment duties within Florida;_ and ii. all persons, including subcontractors, assigned by the: CITY- 'to � perf orm 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 f rom the DEPARTMENT. This AGREEMENT shal con-t in perpe tuity 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 subj matter hereof that are not merged herein. Specialty Surface Crosswalksand Speed Feedback Sign Maintenance Memorandum of Agreement between Florida Department of Transportatiaand City ofMiamiBeach Page 6 of 11 .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 constructe'd accordance with the laws of the State of Florida Venue for this AGREEMENT shall lie in Miami- Dade 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: STATE -OF FLORIDA w DEPAR NT OF TRANSPORTATION: BY B' C ty Ma or District Seer ary, ATTEST: ATTEST: _ City Clerk Execut' e Secretary ,.,. LEGAL REVIEW B. BY: City ttorney District Chie o sel APPROVED AS TO FORM & LANGUAGE _ & FO 4 i ECUTION torn r Dale 3 ' Specialty Surface Crosswalksand Speed Feedback Sign Maintenance Memorandum of Agreement between Florida Department of Transportaticand City of MiamiBeach Page 7 of 11 EXHIBIT ..A.• PROJECT LIMITS Below are. the limits of the. specialty surface crosswalks , and speed feedback sign to be maintained.unde'r this AGREEMENT. State Road Number: 112 /41 Street Agreement . Limits From east Alton. Road (M.P.-O.010) to Pine Tree Drive (M. P. 0.594) County: Miami -Dade Speed Feedback Sign: • Eastbound at Station 196 +98.91 Specialty Surface Crosswalks • Intersections of 41 St Street & o.Garden Avenue (west and south legs) o Meridian Avenue (all four-legs). o , Chase Avenue (all four legs o. Prairie Avenue (all four.legs,) o Mid -block between Prairie Avenue and Royal Palm Avenue o Royal Palm Avenue. (all four legs) - o Mid -block between Royal Palm Avenue and Sheridan Avenue o Sheridan Avenue (all four legs) ..o Pine Tree Drive (all. four legs) Table 1: Friction Number...Conversions for Test Speeds Other Than 40 mph 30 mph Test To Convert to 50 mph Test To Convert to Speed 40 mph Speed 40 mph FN Results. Results FN, Results Results - <29 Subtract 1 <26 Add 1 29 to 47 Subtract 2 26 to 42 Add 2 4.8 to 67 Subtract 3 43 to 60 Add 3 Specialty Surface Crosswalksand. Speed Feedback Sign Maintenance Memorandum of Agreement between Florida Department of Transportaticand City of.MiamiBeach, Page 8 of 11. EXHIBIT "B" CITY OF MIAMI'BEACH RESOLUTION To be ,herein incorporated once by the: CITY Board_ of Commissioners: " Specialty Surface Crosswalksand Speed Feedback Sign Maintenance Memorandum of Agreement between Florida Department of Transportaticand City of MiamiBeach Page 9 of I I EXHIBIT V.C.. SPEED FEEDBACK SIGN MAINTENANCE The CITY shall perform the - below maintenance for each speed feedback sign check (at a .minimum) • Clean :debris and soil from the face of the display "and- sign; • Do not use oil based solvents on the,polycarbonate window or the sign face to prevent permanent fogging; • Check bolts on the sign face.for tightness, as well as the mounting (banding, clamps, or U- bolts) that attaches the display to the po "le -or other mounting structure • For solar applications., check that the solar panels are free from undue debris or obstructions that may reduce the sunlight available to panel • Check solar batteries for-any leaks and /or.loose connections, and .replace as needed ( typically every - five . to ten - years) , ;. •..On 18" displays, the display cabinet should be returned to 'SpeedChe for` servicing and proper alignment of the LED display boards. On 15_" displays (VSC 1520F, CSL- 152 "OF, and ASL- 1520F) the display boards are replaceable in the field; J • Rinse the sheet with warm water prior to cleaning,process; • Don't use abrasives or high alkaline cleaners; Don't leave cleaners on . .sheet for .long periods, wash immediately • Don '-.t apply cleaners in direct sunlight or at elevated temperatures; • Don't. use scrapers, squeegees or- razors; • Don't clean with gasoline; • Follow .the" application with a. lukewarm ,water rinse; Specialty Surface Crosswalksand Speed Feedback Sign Maintenance Memorandum of Agreement between Florida Department of Transportaticand City of MiamiBeach Page -10 of l l • To remove graffiti, use Naphtha VM &P grade, Isopropyl Alcohol or Butyl Cellosolve: Do n.ot.use in direct.sunlight; • Use Isopropyl Alcohol, Naphtha VM &P grade or.Kerosene to lift stickers and other adhesive backed labels. Wash immediately with soap and lukewarm and rinse thoroughly, with' water; • To remove masking,. adhesive and glazing compounds, apply Naphtha VM &P grade, Kerosene or Isopropyl Alcohol with clean soft,cloth. Wash immediately with.soap and lukewarm water and rinse thoroughly with clean water; • Use compatible cleaners -. and- detergents - Formula 4091, Joy2, Windex with 'Ammonia D3 , Palmolive4, Naphtha VM &P Grade, Isopropyl Alcohol; y • Use following suggested polishes when required, - Mirror Clear Plastic Polish, Cleaner..& Detailer (by Meguiars 800- 347 5700 or Meguars .com) , Novus Plastics Polish #1, #2 .(by Novus - Inc. 800- NOVUS60 or www.noscratch.com) Plexus Plastic C1'eaner and Polish (by BTI Chemical Co. www .PlexusPlast'icC.leaner.com and • Cut or trim any* fofiage'.obstructing _the visibility of the signs for the motorists and clean graffiti Upon the completion of the visit, the CITY shall ensure-that the sign is operational. Incorporated herein by reference is the "FDOT District Prevert`ive Maintenance' Checklist" for speed feedback signs, which shall be used as guidance. Specialty Surface Crosswalksand Speed Feedback Sign - Maintenance Memorandum of Agreement between Florida Department of Transportaticand City of_MiamiBeach Page 11 of 11