The URL can be used to link to this page

Home My WebLink AboutFDOT Agreement FLORIDA DEPARTMENT OF TRANSPORTATION DECORATIVE ASPHALTIC SURFACE ON PEDESTRIAN CROSSINGS MAINTENANCE MEMORANDUM OF AGREEMENT WITH CITY OF MIAMI BEACH ~ This AGREEMENT, entered into this /~ day of F£~F~F~ , 200~, by and between the FLORIDA DEPARTMENT OF TRANSPORTATIC~, 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. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over State Road (SR) AiA (5=h Street), within the limits of the CITY, as part of the State of Florida Highway System; and WHEREAS, the DEPARTMENT is constructing a milling and resurfacing project on SR A1A in accordance with DEPARTMENT Contract #C-8835, 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 a decorative asphaltic surfacing system designed specifically for high traffic areas, at all pedestrian crossings 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.10~-g6~~ dated ~W~ !~%~6, attached hereto as Exhibit 'B', which by reference hereto ~hall 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: Stamped Asphalt Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 1 of 7 1. DEPARTMENT RESPONSIBILITIES 1.1. Assignment The DEPARTMENT and the CITY agree that, by executing this AGREEMENT, all maintenance responsibilities pertaining to the decorative asphaltic surface on the pedestrian crossings within the PROJECT LIMITS will be assigned to the CITY in perpetuity. 2. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall be solely responsible for the maintenance and preservation of the decorative asphaltic surface on all pedestrian crossings within the PROJECT LIMITS. 2.1 LITTER REMOVAL 2.1.1. Promptly and regularly remove all litter from the decorative asphaltic surface pedestrian crossings. 2.2. DECORATIVE ASPHALTIC SURFACE 2.2.1. Maintain and make repairs to the decorative asphaltic surface to prevent safety hazards for those using or intending to use the pedestrian crossings. 2.2.2. Sweep the decorative asphaltic surface pedestrian crossings periodically to keep them free of debris and to maintain an aesthetically pleasing condition. 2.2.3 Paint the decorative asphaltic surface pedestrian crossings upon the noticeable color scarring, fading and/or surface deterioration of the decorative asphaltic' surface as needed. The recommended interval for repainting the decorative asphaltic surface is every three to five years. 3. AMENDMENTS This AGREEMENT may be amended in writing if mutually agreed to by both parties. Stamped Asphalt Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 2 of 7 4. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT'S DISTRICT MAINTENANCE ENGINEER that the CITY'S responsibility as established herein or a part thereof is 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 are not corrected within this time period,, the DEPARTMENT may, at its option, proceed as follows: 4.1. Maintain the pedestrian crossing areas 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 Ail 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 6214 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To the CITY: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33159 Attention: City Manager 6. PEDESTRIAN CROSSING MODIFICATION 6.1. It is understood between the parties hereto that the decorative asphaltic surface in pedestrian crossings 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 Stumped A~h~t M~nten~ce Memorandum of A~eem~t be~e~ ~da D~artment of ~spo~fion and CiW ~ Miami Beach Page3of7 criteria or planning of the DEPARTMENT. Ail costs associated with such activities will be solely at the expense of the DEPARTMENT. 7. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: 7.1. In accordance with Section 287.058(1) (c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEM]~NT 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. 8. INDEMNIFICATION Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. For the purpose of liability, both parties are covered by the provisions of section 768.28, Florida Statues, as may be amended from time to time, and this AGREEMENT shall not be deemed or construed as an indemnity or a waiver of sovereign immunity by either party. 9. TERMS 9.1. 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. 9.2. 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 herein and superseded hereby. Stamped Asphalt Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 4 of 7 9.3. This AGREEMENT is nontransferable and nonassignable in whole or in part without the prior written consent of the DEPARTMENT. 9.4. This AGREEMENT, regardless of where executed, shall be governed by and constructed in accordance with the laws of the State of Florida. IN WITNESS W~EREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY ~F ~IA~I~ BEAC}{: STATE OF FLORIDA ~/ ! /, ~ DEPARTMENT OF TRANSPORTATION: ATT~.ST: ATTEST: ~L~ City Clerk ~xecuslve Secretary Robert Parcher LEGAL REVIEW: FORM&LANGUAGE ~ ._~___.{~~.~__~ & FOR EXECUTION B General Counsel City ~ ~' Date Stamped Asphalt Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 5 of 7 EXHIBIT 'A ' PROJECT LIMITS Below are the limits of the decorative asphaltic surface pedestrian crossings to be maintained under this AGREEMENT. State Road Number: AiA (5th Street) Agreement Limits: From West Avenue to Collins Avenue County: Miemi-Dade Stamped Asphalt Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 6 of 7 EXHIBIT 'B ' CITY RESOLUTION To be herein incorporated once ratified by the City of Miami Beach Board of City Commissioners. Stamped Asphalt Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 7 of 7