FDOT Patterned Pavement Crosswalks Maintenance Memorandum of Agreement FLORIDA DEPARTMENT OF TRANSPORTATION
PATTERNED PAVEMENT CROSSWALKS
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on / /j 1( , 20/y., by and
between the STATE OF FLORIDA DEPARTMENT O TRANSPORTATION, an
agency of the State of Florida, hereinafter called the
DEPARTMENT, and the CITY OF MIAMI BEACH, 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 S.R. 907/Alton Road
from 5th Street (MP 0 . 028) to Michigan Avenue (MP 1 .539) ,
which is located within the limits of the CITY; and
B. The DEPARTMENT, pursuant to Contract # T-6290, has drafted
design plans for beautification improvements on S .R.
907/Alton Road from 5th Street to Michigan Avenue, 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 DEPARTMENT will install patterned pavement crosswalks
in accordance with the design plans for Contract T-6290
(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 patterned pavement crosswalks
installed pursuant to the Project; and
E. The CITY, by Resolution No. 2015-29128, dated September
02, 2015, 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
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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/re
sources/library/publications/fstm/Methods/fm5-592 .pdf
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 Approved Products List
(APL) or replaced with conventional pavement .
b) 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 FN4OR value of 35 (or equivalent) .
c) 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
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minimum friction criteria, or stating what remedial
action will be taken to restore the friction.
d) 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 APL
or replaced with conventional pavement .
e) 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.
f) The DEPARTMENT will not be responsible for replacing
the treatment following any construction activities in
the vicinity of the treatment .
g) 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 .
The DEPARTMENT may, at its sole discretion, perform
periodic inspection of the patterned pavement crosswalks 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 .
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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 patterned pavement crosswalks, or a part
thereof and invoice the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7,
remove any or all patterned pavement crosswalks
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 Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof
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unless proof of prior actual receipt is provided.
6 . REMOVAL, RELOCATION OR ADJUSTMENT OF THE PATTERENED
PAVEMENT CROSSWALKS
a. The PARTIES agree that the patterned pavement
crosswalks addressed by this AGREEMENT may be removed,
relocated or adjusted at any time in the future, at
the DEPARTMENT' s sole discretion. Notice of removal by
the DEPARTMENT shall be provided to the CITY at least
thirty (30) days prior to the actual date of removal .
The PARTIES will use reasonable efforts to identify a
new location within the CITY, where the DEPARTMENT is
to relocate the patterned pavement crosswalks . In the
event that the DEPARTMENT relocates or adjusts the
patterned pavement crosswalks, the CITY' s maintenance
responsibilities will survive the relocation or
adjustment, as long as the materials remain within the
PROJECT LIMITS.
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
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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 :
i . shall 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. shall 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.
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.
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.
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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 .
h. The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof .
i . 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.
j . 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,
assessments, penalties, costs, damages, judgments, claims,
demands, liabilities, attorneys 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
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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.
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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
DEPARTMENT OF TRANSPORTATION:
BY BY
CITY i ,or District Director of
Transportation Operations
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BY: , /ClJ ----f- BY:
C T A torney District Chief Counsel
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EXHIBIT 'A '
PROJECT LIMITS
Below are the limits of the patterned pavement crosswalks at all
intersections to be maintained under this AGREEMENT.
State Road Number: 907/Alton Road
Agreement Limits : From 5th Street (M.P. 0. 028) to
Michigan Avenue (M.P. 1 .539)
County: Miami-Dade
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EXHIBIT 'B '
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners .
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