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HomeMy WebLinkAboutResolution 2026-34302RESOLUTION NO. 2026-34302 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, (1) APPROVING, IN SUBSTANTIAL FORM, THE COMMUNITY AESTHETIC FEATURE AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE CONSTRUCTION OF PUBLIC ART WITHIN AN FDOT RIGHT-OF-WAY ON 41ST STREET, WITH NO BOND REQUIREMENT, AS PART OF THE CITY'S 41ST STREET REVITALIZATION PROJECT; (11) APPROVING, IN SUBSTANTIAL FORM, THE LANDSCAPE, HARDSCAPE, SIDEWALK, AND PAVEMENT MAINTENANCE AND MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND FDOT FOR THE MAINTENANCE OF THE LANDSCAPE, HARDSCAPE, SIDEWALK, AND PAVEMENT ALONG SR 112/41ST STREET, FROM SR 907/ALTON ROAD TO PINE TREE DRIVE; (III) AUTHORIZING THE ADMINISTRATION TO FINALIZE SAID AGREEMENTS; AND (IV) AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL AGREEMENTS WITH FDOT. WHEREAS, on July 31, 2018, the Mayor's 41st Street Blue Ribbon Committee approved the 41st Street Urban Design Vision Plan prepared by Alta Planning and Design and Gehl Architects (the "Vision Plan"); and WHEREAS, the Vision Plan was the culmination of a four -week process that included extensive stakeholder engagement, multiple committee discussions, meetings with business owners and residents, passerby questionnaires, pop-up workshops, a public survey, and a public charrette; and WHEREAS, the Vision Plan report provided an assessment and analysis of the 41 st Street corridor, including traffic patterns and walkability studies; and WHEREAS, ultimately, the Vision Plan proposed a broad set of recommendations aimed at improving the 41st Street corridor as a "town hub," with a particular focus on enhancing the pedestrian experience; and WHEREAS, the report served as a brief to inform a future G.O. Bond process and recommended three proposed designs intended to increase the shade tree canopy, create more open space, and improve human -scale lighting; and WHEREAS, of the proposed options, the Mayor's 41 st Street Blue Ribbon Committee and the Finance Citywide Projects Committee (now the Finance and Economic Resiliency Committee) both selected Option #1, which focuses on removing sidewalk clutter and reprogramming on - street parking; and WHEREAS, on November 6, 2018, Miami Beach voters approved the $439 million G.O. Bond Program in a voter referendum; and WHEREAS, the program included a $15 million budget allocation for quality -of -life improvements to the 41 st Street Corridor; and WHEREAS, the project scope includes the renovation of lighting, landscaping, sidewalks, crosswalks, and street furnishings along this high -traffic corridor to enhance public safety, aesthetics, comfort, and walkability for pedestrians; and WHEREAS, in 2020, the City engaged AECOM to prepare a feasibility study for implementing the master plan and to develop conceptual drawings for the area encompassing portions of 41 st Street between Alton Road and Pine Tree Drive, as well as intersecting roads between Alton Road and Pine Tree Drive, north to 42nd Street, and south to 40th Street; and WHEREAS, the study report and conceptual design completed by AECOM presented ideas for enhancing pedestrian walkways, including shortened crosswalks, modifications to on - street parking, increased public art along the street, bike lanes, human -scale lighting, expanded tree canopy landscaping, irrigation, outdoor seating, modified bus shelters, and gateway features at both entrances to reinvigorate the 41 st Street corridor; and WHEREAS, additional design elements include widened sidewalks, branded pavement, integration of canopy trees with existing royal palms, and bicycle parking; and WHEREAS, on May 14, 2021, the City issued RFQ 2021-196-ND for Architectural and Engineering Design Services for the 41 st Street Corridor Revitalization (the "RFQ"); and WHEREAS, on September 17, 2021, the Mayor and City Commission adopted Resolution No. 2021-31838, authorizing the City to enter negotiations with the consultant Brooks + Scarpa Architects, Inc., and, if successful, execute an agreement pursuant to the RFQ; and WHEREAS, in March 2022, pursuant to the Agreement between the City of Miami Beach and the Consultant for Architectural and Engineering Design Services (RFP-2021-196-ND), the Consultant was formally directed to proceed with the Notice to Proceed for design services, including land surveying and bid assistance, for the referenced project; and WHEREAS, the proposed public art along SR 41 st Street is located within an FDOT right- of-way; and WHEREAS, during a pre -application meeting, FDOT advised that this project would be reviewed under a specific process for gateway and monument signs proposed on state roads within their jurisdiction; and WHEREAS, pursuant to FDOT requirements, the City must (i) execute a Community Aesthetic Feature (CAF) Agreement with FDOT, attached to the City Commission Memorandum accompanying this Resolution as Exhibit A, and (ii) provide a resolution containing specific language related to the responsibility for maintenance of the structures; and WHEREAS, in parallel with the Community Aesthetic Feature (CAF) requirements, the City is required to execute a Landscape, Hardscape, Sidewalk, and Pavement Maintenance Memorandum of Agreement (MMOA) with FDOT, attached to the City Commission Memorandum accompanying this Resolution as Exhibit B, through which the City formally accepts responsibility for the ongoing upkeep of all associated corridor improvements, including the maintenance of landscaped areas, decorative hardscape elements, sidewalks, and pavement surfaces, to ensure that the enhanced public realm remains safe, functional, and consistent with City standards; and WHEREAS, in June 2025, the City submitted visual exhibits and construction drawings to FDOT for permit review and approval for the installation of the public art; and WHEREAS, the project has undergone several rounds of review with FDOT, however, CAF requirements must be satisfied by the City to allow FDOT to finalize the permit review and approval process for the public art; and WHEREAS, the concept designs for public art along SR 112/41st Street from SR 907/Alton Road to Pine Tree Drive include Gateway Sculptures (artistic canopy structures within sidewalks) with decorative lighting at 975 W 41 st Street, 954 W 41 st Street, 301 W 41 st Street, and 3180 W 41 st Street; and WHEREAS, the concept designs also include Concrete Seat Walls at the north side of SR 112/41 st Street between Prairie Avenue and Royal Palm Avenue and south side of SR112/41 st Street between Prairie Avenue and Royal Palm Avenue at 529 W 41 st Street, and at the north side of SR112/41 st Street between Royal Palm Avenue and Sheridan Avenue and south side of SR 112/41 st Street between Royal Palm Avenue and Sheridan Avenue at 451 W 41 st Street; and WHEREAS, the project Gateway Sculptures, Concrete Seat Walls and renderings are attached to the City Commission Memorandum accompanying this Resolution as Exhibit C; and WHEREAS, as stated by FDOT, there will be no bond required for this project; and WHEREAS, on April 30, 2026, FDOT sent a draft MMOA to the City, which is currently being reviewed by City Staff and the City Attorney's Office prior to finalization by FDOT; and WHEREAS, the Administration requests that the Mayor and City Commission do the following: (i) authorize the City Manager and City Clerk to request that FDOT approve a Community Aesthetic Feature (CAF) application for the installation of public art along 41 st Street, and (ii) authorize the City Manager and City Clerk to execute both the Community Aesthetic Feature (CAF) Agreement and the Maintenance Memorandum of Understanding (MMOU) between the City and FDOT, with the MMOU establishing the City's long-term responsibility for the maintenance of all landscape, hardscape, sidewalk, and pavement improvements within FDOT's right-of-way to ensure that such enhancements remain consistent with City standards and the objectives of the 41 st Street Revitalization Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby (i) approve, in substantial form, the Community Aesthetic Feature Agreement between the City and the Florida Department of Transportation ("FDOT") for the construction of public art within an FDOT right-of-way on 41 st Street, with no bond requirement, as part of the City's 41 st Street revitalization project; (ii) approve, in substantial form, the Landscape, Hardscape, Sidewalk, and Pavement Maintenance and Memorandum of Agreement between the City and FDOT for the maintenance of the landscape, hardscape, sidewalk, and pavement along SR 112/41 st Street, from SR 907/Alton Road to Pine Tree Drive; (iii) authorize the Administration to finalize said agreements; and (iv) authorize the City Manager and City Clerk to execute the final agreements with FDOT. PASSED and ADOPTED this day of JUH , 2026 ATTEST: JUN 2 6 2026 Rafael E. Granado, City Clerk Steven Meiner, Mayor APPROVED AS TO NCO RP 0RATEo' FORM & LANGUAGE & FOR EXECUTION 5^I ZZa City LAttorney` Date Resolutions - C7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: June 24, 2026 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, (1) APPROVING, IN SUBSTANTIAL FORM, THE COMMUNITY AESTHETIC FEATURE AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE CONSTRUCTION OF PUBLIC ART WITHIN AN FDOT RIGHT-OF-WAY ON 41ST STREET, WITH NO BOND REQUIREMENT, AS PART OF THE CITY'S 41ST STREET REVITALIZATION PROJECT; (II) APPROVING, IN SUBSTANTIAL FORM, THE LANDSCAPE, HARDSCAPE, SIDEWALK, AND PAVEMENT MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND FDOT FOR THE MAINTENANCE OF THE LANDSCAPE, HARDSCAPE, SIDEWALK, AND DECORATIVE PAVEMENT ALONG SR 112/41 ST STREET, FROM SR 907/ALTON ROAD TO PINE TREE DRIVE; (I11) AUTHORIZING THE ADMINISTRATION TO FINALIZE SAID AGREEMENTS; AND (IV) AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL AGREEMENTS WITH FDOT. RECOMMENDATION The Administration recommends that the Mayor and City Commission (City Commission) adopt the resolution. BACKGROUND/HISTORY On July 31, 2018, the Mayor's 41 st Street Blue Ribbon Committee approved the 41 st Street Urban Design Vision Plan prepared by Alta Planning and Design and Gehl Architects. The Alta -Gehl Vision Plan (Vision Plan) was the culmination of a four -week process that included extensive stakeholder engagement, multiple committee discussions, meetings with business owners and residents, passerby questionnaires, pop-up workshops, a public survey, and a public charrette. The Vision Plan report provided an assessment and analysis of the 41 st Street corridor, including traffic patterns and walkability studies. Ultimately, it proposed a broad set of recommendations aimed at improving the 41 st Street corridor as a "town hub," with a particular focus on enhancing the pedestrian experience. The report served as "a brief to inform a future G.O. Bond process." The Vision Plan report recommended three proposed designs intended to increase the shade tree canopy, create more open space, and improve human -scale lighting. Of the proposed options, the Mayor's 41 st Street Blue Ribbon Committee and the Finance and Citywide Projects Committee (now known as the Finance and Economic Resiliency Committee or FERC) both selected Option #1, which focuses on removing sidewalk clutter and reprogramming on -street parking. On November 6, 2018, Miami Beach voters approved the $439 million G.O. Bond Program in a voter referendum. The program included a $15 million budget allocation for quality -of -life improvements to the 41 st Street Corridor. The project scope includes the renovation of lighting, landscaping, sidewalks, crosswalks, and street furnishings along this high -traffic corridor to enhance public safety, aesthetics, comfort, and walkability for pedestrians. 231 of 2591 In 2020, the City engaged AECOM to prepare a feasibility study for implementing the Vision Plan and to develop conceptual drawings for the area encompassing portions of 41 st Street between Alton Road and Pine Tree Drive, as well as intersecting roads north to 42nd Street and south to 40th Street The study and conceptual design completed by AECOM presented ideas for enhancing pedestrian walkways, including shortened crosswalks, modifications to on -street parking. increased public art along the street, bike lanes, human -scale lighting, expanded tree canopy landscaping, irrigation, outdoor seating, modified bus shelters, and gateway features at both entrances to reinvigorate the 41st Street corridor. Additional design elements included widened sidewalks, rigid pavement bus bays, integration of canopy trees with existing royal palms, and bicycle parking. On September 17, 2021, the City Commission adopted Resolution No. 2021-31838, authorizing the City to enter negotiations with the consultant Brooks + Scarpa Architects, Inc , for Architectural and Engineering Design Services for the 41st Street Corridor Revitalization (Project). In March 2022, pursuant to the Agreement, Brooks + Scarpa Architects was formally directed to proceed with the design services, including land surveying and bid assistance, for the Project The proposed public art along SR 41st Street is located within an FDOT right-of-way. During a pre -application meeting. FDOT advised that this project would be reviewed under a specific process for gateway and monument signs proposed on state roads within their jurisdiction Pursuant to FDOT requirements, the City must execute a Community Aesthetic Feature (CAF) Agreement with FDOT (Exhibit A), provide a resolution containing specific language related to the responsibility for maintenance of the structures, and furnish a bond or letter of credit for the future installation of public art, as may be required by FDOT In parallel with the CAF requirements, the City must also execute a Landscape, Hardscape, Sidewalk, and Pavement Maintenance Memorandum of Agreement (MMOA), through which the City formally accepts responsibility for the ongoing upkeep of all associated corridor improvements This includes the maintenance of landscaped areas, decorative hardscape components, sidewalks, and rigid pavement bus bays to ensure that the enhanced public realm remains safe, functional, and consistent with City standards (Exhibit B). In June 2025. the City submitted visual exhibits and construction drawings to FDOT for permit review and approval for the installation of the public art The project has undergone several rounds of review with FDOT. However, there are outstanding requirements that must be satisfied by the City to allow FDOT to finalize the permit review and approval process for the public art. The concept designs for public art along SR 112/41 st Street from SR 907/Alton Road to Pine Tree Drive (Exhibit C) include: 1. Gateway Sculptures (artistic canopy structures within sidewalks) with decorative lighting at a 975 W 41 st Street b. 954 W 41 st Street c. 301 W 41 st Street d. 300 W 41st Street 2. Concrete Seat Walls at: a. North side of SR 112/41 st Street between Prairie Avenue and Royal Palm Avenue and South side of SR112 / 41st Street between Prairie Avenue and Royal Palm Avenue at 529 W 41st st. Miami beach. FL 33140 b. North side of SIR 112 / 41st Street between Royal Palm Avenue and Sheridan Avenue and 232 of 2591 South side of SR 112 / 41 st Street between Royal Palm Avenue and Sheridan Avenue at 451 W 41st st, Miami beach, FL33140 On April 30, 2026, FDOT sent a draft MMOA which is currently being reviewed by City Staff and the City Attorney's Office prior to finalization by FDOT. The Administration requests that the City Commission authorize the City Manager and City Clerk to request that the FDOT approve a Community Aesthetic Feature application for the installation of public art along 41 st Street by resolution, and to execute, in substantial form, both the Community Aesthetic Feature (CAF) Agreement and the Maintenance Memorandum of Understanding (MMOU) between the City and FDOT. The MMOU formalizes the City's long-term responsibility for the maintenance of all landscape, hardscape, sidewalk, and rigid pavement bus bays associated with the Project, ensuring that the improvements within FDOT's right-of-way are preserved in a condition consistent with City standards and the overall objectives of the 41 st Street Revitalization Project. FISCAL IMPACT STATEMENT N/A Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION N/A CONCLUSION The Administration recommends that the City Commission adopt the resolution requesting that the Florida Department of Transportation review and approve the Community Aesthetic Feature (CAF) application for the proposed public art along SR 112/41st Street. Adoption of this Resolution will further authorize the City Manager and City Clerk to execute the Community Aesthetic Feature Agreement with FDOT, in substantial form and advance the construction of the public art within FDOT's right-of-way. The Administration further recommends authorization to execute the Maintenance Memorandum of Understanding (MMOU), in substantial form, which establishes the City's long-term responsibility for the maintenance of landscape, hardscape, sidewalk, and rigid pavement bus bay improvements. Adoption of the resolution will satisfy FDOT's permitting requirements and allow the project to move forward. Applicable Area Middle Beach Is this a "Residents Riaht to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Project? Yes Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No 233 of 2591 If so, specify the name of lobbyist(s) and principal(s): Department Capital Improvement Projects Sponsor(s) Co-sponsors) Condensed Title Execute CAF Agreement & MMOA W/ FDOT, 41st Street Revitalization Project. CIP Previous Action (For City Clerk Use Only) 234 of 2591 EXHIBIT A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMMUNITY AESTHETIC FEATURE AGREEMENT State Road/Local Road 112 / 41 Street Section No. 87016000 CAFA No. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 1 of 13 This Community Aesthetic Feature Agreement ("Agreement") is entered into this day of between the State of Florida, Department of Transportation ("Department") and City of Miami Beach ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: ®Public Art, ❑Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road SR 112 / 41 Street at MP 1. Gateway Sculptures (Artistic canopy structures within sidewalk) with decorative lighting at: 111 MP 0.029 — 975 W 41 st St, 1`21 MP 0.044 — 954 W 41 st St, 131 MP 0.579 — 301 W 41 st St, [41 MP 0.564 — 318 W 41 st St. 2. Concrete Seat Walls at: [11 North side of SR 112/41 Street between MP 0.341/Prairie Ave and MP 0.419/Roval Palm Ave 1`21 South side of SR 112/41 Street between MP 0.341/Prairie Ave and MP 0.419/Royal Palm Ave, [31 North side of SR 112/41 Street between MP 0.419/Royal Palm Ave and MP 0.522/Sheridan Ave. and [41 South side of SR 112/41 Street between MP 0.419/Royal Palm Ave and MP 0.522/Sheridan Ave in Miami -Dade County, Florida ("Project") B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement ("Effective Date") and continue through 12/31/2056 , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within three hundred sixty-five (365) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: ®Public Art, ❑Local Identification Marker], as more fully described in the plans in Exhibit "A", attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit "D". The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency's property. However, this permissive use of the Department's right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department's right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 235 of 2591 EXHIBIT A 625-010-10 ROADWAY DESIGN OGC - 0&17 Page 2 of 13 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department's District Design Engineer, located at FDOT District Six 1000 NW 111th Avenue, Miami, FL. 33172. The Department will review the plans for conformance to the Department's requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. By review of the plans, the Department signifies only that such plans and improvements satisfies the Department's requirements, and the Department expressly disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department's review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's Construction Project Manager, Raymond Valido (Raymond. ValidoQdot.stateftus) at (305) 470-5359 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way to install the Project (see attached Exhibit "B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of the Department's right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public's safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit "C". 236 of 2591 EXHIBIT A 62"10-10 ROADWAY DESIGN OGc . 06/17 Page 3 of 13 i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department's right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed and sealed by the responsible professional for the project, the form of which is attached to this Agreement as Exhibit "E". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor's/ subcontractors/ consultant's/ subconsultant's property, machinery, and equipment from the Department's right-of-way and shall restore those portions of the Department's right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice to complete the Project and provide the Department with written notice of the same ("Notice of Completion"), If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Any modifications to the design or location of the structures require Department approval. All features installed under this agreement are to be maintained by the Agency. The Agency shall cover all costs for electricity and utilities. If the structures are damaged, the Agency has 48 hours to implement any necessary safety measures, including, but not limited to, ensuring parts of the structure are moved outside the clear zone (as defined in the latest verions of FDOT Standard Plans for Road and Bridge Construction, Index 102-600). Permanent repairs should be completed within 90 days of commencing the repair work. If the department elects to complete a repair. the Department shall provide the aaencv with an invoice for the costs incurred by the Department and the Agency shall pav the invoice within thirty (30) days of the date of the invoice. The Agency will be responsible to repair damage to the Department's assets caused by the structure, regardless of whether the damage is caused by the Agency, and including, but not limited to, damage caused by crashes, accidents, thefts, acts of God, etc 237 of 2591 EXHIBIT A 625-010-10 ROADWAY DESIGN OGC - 08117 Page 4 of 13 m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ 0.00 (waived) . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department's sole discretion, and at the Agency's sole cost. S. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant/ subconsultant, its officers, agents or employees." b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery: United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION 238 of 2591 EXHIBIT A 625410-10 ROADWAY DESIGN OGC - 0807 Pape 5 of 13 DISTRICT 6 PROGRAM MANAGER Karina Fuentes, PE (Karina. Fuentes adot.state. fl.us) 1000 NW 111th AVENUE, MIAMI, FL. 33172 Phone: 305-470-5310 Fax: 305-470-5380 MIAMI BEACH COUNTY [OR CITY], FLORIDA 1700 Convention Center Drive MIAMI BEACH, FL. 33139 4th Floor Phone: 305-673-7000 Fax: 305-673-7066 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the 239 of 2591 EXHIBIT A 625-010-10 ROADWAY DESIGN OGC - 0&17 Pape 6 0113 term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON -ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless 240 of 2591 EXHIBIT A 625-010.10 ROADWAY DESIGN OGC • 08/17 Pape 7 0113 reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 241 of 2591 EXHIBIT A Section No. 87016000 CAFA No. AGENCY City of Miami Beach 1700 Convention Center Drive, Miami Beach, FL 33139 By Print Name: Eric T. Carpenter, PE Title: City Manager As approved by the Council, Board, or Commission on: Attest: Legal Review: City or County Attorney DEPARTMENT State of Florida, Department of Transportation By: Print Name: Daniel Iglesias, PE Title: District Secretary Date: Legal Review: 82" 10-10 ROADWAY DESIGN OGC - 08717 Page 8 01 13 242 of 2591 EXHIBIT A Section No. 87016000 CAFA No. EXHIBIT "A" PROJECT DESCRIPTION SCOPE OF SERVICES 625-010.10 ROADWAY DESIGN OGC-W17 Pape 9 of 13 Two types of Community Aesthetic Feature (CAF) Public Art are proposed by the City of Miami Beach at the following locations: 1. Gateway Sculptures (Artistic canopy structures within sidewalk) with decorative lighting at: [1] MP 0.029 - 975 W 41st St, [2] MP 0.044 - 954 W 41st St, [3] MP 0.579 - 301 W 41st St. [4] MP 0.564 - 318 W 41st St. 2. Concrete Seat Walls at: (1] North side of SR 112/41 Street between MP 0.341/Prairie Ave and MP 0.419/Royal Palm Ave [2] South side of SR 112/41 Street between MP 0.341/Prairie Ave and MP 0.419/Royal Palm Ave, [3] North side of SR 112/41 Street between MP 0.419/Royal Palm Ave and MP 0.522/Sheridan Ave, and [4) South side of SR 112/41 Street between MP 0.419/Royal Palm Ave and MP 0.522/Sheridan Ave. The proposed public art is located within the existing sidewalk limits and does not impact any FDOT facilities PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by P.E./R.L.A./Architect and dated Any revisions to these plans must be approved by the Department in writing. 243 of 2591 EXHIBIT A 62" 10.10 ROADWAY DESIGN OGC - 0&17 pe Pa10 of 13 Section No. 87016000 CAFA No. EXHIBIT "B" SPECIAL PROVISIONS A. The City of Miami Beach or its contractors shall submit temporary traffic control plans via FDOT's Lane Closure Information System (LCIS) for review and approval prior to implementing any lane closures. All lane closure requests must comply with FDOT requirements to minimize impacts on traffic operations and safety. B. All Requests for Information (RFIs), Requests for Modifications (RFMs), Shop Drawings, and Revisions shall be shared with FDOT throughout the duration of construction. FDOT reserves the right to review and approve any modifications or submittals to ensure compliance with project specifications, standards, and regulatory requirements. All submittals must be provided in a timely manner to allow for proper review and approval without delaying construction progress. C. Any modifications to the design or location of the features requires Department approval. All features installed under this agreement are to be maintained by the Agency. The Agency shall cover all costs for electricity and utilities. D. If the department elects to complete a repair of a damaged feature, the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. Alternatively, the Department may choose to utilize the escrow funds for completing the repairs instead of invoicing the City. E. The Agency is required to meet the requirements of FDOT Policy 000-030-003-a (LIGHTING OF FDOT-OWNED FACILITIES) for all proposed lighting installed under this agreement. 244 of 2591 EXHIBIT A 62"10-+0 ROADWAY DESIGN OGC - 08/17 Page t i of 13 Section No. 87016000 CAFA No. EXHIBIT "C" TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT NOT APPLICABLE 245 of 2591 EXHIBIT A 625-010-10 ROADWAY DESIGN OGC - M17 Ps" 12 of 13 Section No. 87016000 CAFA No. EXHIBIT "D" AGENCY RESOLUTION 246 of 2591 EXHIBIT A 625-010-10 ROADWAY DESIGN OGC 08/17 Pape 13 of 13 Section No. 87016000 CAFA No. EXHIBIT "E" NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and City of Miami Beach PROJECT DESCRIPTION: Two types of Community Aesthetic Feature (CAF) Public Art are proposed by the City of Miami Beach at the following locations: 1. Gateway Sculptures (Artistic canopy structures within sidewalk) with decorative lighting at: [11 MP 0.029 — 975 W 41st St, 1`21 MP 0.044 — 954 W 41st St, (31 MP 0.579 — 301 W 41st St, (41 MP 0,564 — 318 W 41st St. 2. Concrete Seat Walls at: 01 North side of SR 112/41 Street between MP 0.341/Prairie Ave and MP 0.419/Royal Palm Ave (21 South side of SR 112/41 Street between MP 0.341/Prairie Ave and MP 0.419/Roval Palm Ave (31 North side of SR 112/41 Street between MP 0.419/Royal Palm Ave and MP 0.522/Sheridan Ave, and (41 South side of SR 112/41 Street between MP 0.419/Royal Palm Ave and MP 0.522/Sheridan Ave. In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of .20 By: Name: Title: RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of "as -built" plans certified by the Engineer of Record. By: SEAL: Name: Date: 247 of 2591 1000:12WO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM TO COMMUNITY AESTHETIC FEATURE AGREEMENT State Road/Local Road Section No. CAFA No. THIS ADDENDUM (hereinafter, "Addendum") made this _ day of 20_, is an Addendum to that certain Community Aesthetic Feature Agreement between State of Florida, Department of Transportation (the "Department") and the City of Miami Beach (the "Agency") dated , 20_ (the "Agreement") (the Department and the Agency are individually referred to as a "Party", collectively the "Parties). WHEREAS, this Addendum is executed in conjunction with and, by this reference, incorporated into said Agreement, to which this Addendum is attached, and which is executed by the parties contemporaneously with this Addendum. WHEREAS, except as modified in this Addendum, all other terms and conditions of the Agreement remain unchanged and are hereby confirmed and ratified by the Parties. Where the terms of this Addendum conflict with the definitions, provisions or terms of the Agreement, this Addendum shall control. NOW, THEREFORE, in consideration of the premises and the mutual promises, the Parties agree as follows: 1. Paragraph 5 is deleted in its entirety and is replaced with the following: a. The Agency, as a public body corporate entity, warrants and represents that it is self - funded for liability insurance and workers compensation insurance in accordance with the provisions of Section 768.28 and 440.09, Florida Statutes, with said protection being applicable to officers, employees, servants and agents while acting within the scope of their employment by the Agency. Such self-insurance obligation shall survive the expiration or termination of this Agreement with respect to any claims which may result from incidents occurring during the term of this Agreement. Upon the request of the Department, the Agency shall provide the Department with a self-insurance letter setting forth the terms and conditions set forth herein. b. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement.- -The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant/ subconsultant, its officers, agents or employees." c. The Agency shall cause its contractors/subcontractors/consultants/ subconsultants to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ Page 1 of 3 248 of 2591 EXHIBIT A subcontractor/consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge Construction, as amended. d. The Agency shall cause its contractors/subcontractors/consultants/ subconsultants to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. e. Nothing in this Agreement shall be construed as a waiver of either Party's sovereign immunity, nor shall anything herein be interpreted as expanding or altering the limitations of liability established in Section 768.28, Florida Statutes. 2. Except as modified in this Addendum, all other terms and conditions of the Agreement are in effect and remain unchanged. In the event that the terms of this Addendum conflict with the terms of the Agreement, this Addendum shall govern. [REMAINDER INTENTIONALLY LEFT BLANK. SIGNATURES FOLLOW] Page 2 of 3 249 of 2591 EXHIBIT A AGENCY City of Miami Beach By: Print Name: Title: As approved by the Council, Board, or Commission on: Attest: Legal Review: City or County Attorney DEPARTMENT State of Florida, Department of Transportation By: Print Name: Title: Date: Legal Review: Page 3 of 3 250 of 2591 EXHIBIT B STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION LANDSCAPE, HARDSCAPE, SIDEWALK, AND PAVEMENT MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This MAINTENANCE MEMORANDUM OF AGREEMENT, entered into on ,20 (the "Effective Date"), by and between the State of Florida, Department of 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", each individually, a "Party," and collectively, referred to as the "Parties." RECITALS WHEREAS, the Department has jurisdiction over state road 112 ("SR 112") / 41 Street / Arthur Godfrey Road, which is located within the limits of the City; and WHEREAS, the City shall install landscaping, turf, irrigation, decorative and aggregate textured sidewalks, hardscape, aesthetic lighting, rigid pavement bus bays, gravity walls with pedestrian railings, and street furniture under FDOT Permit No. 2025- C-691-00011, 025-L-691-00002, 2024-H-691-00255, and 2023-H-691-00414 (the "Improvements") within the Department's right of way along SR 112 from SR 907 / Alton Road to Pine Tree Drive, the limits of which are described in Exhibit "A", attached hereto and incorporated herein by reference (the "Maintenance Limits"); and WHEREAS, the Parties 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 Improvements; and WHEREAS, the City by Resolution No. , dated , attached hereto as Exhibit "B" and incorporated by reference herein, 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 consideration, the Parties covenant and agree as follows: 1. RECITALS 251 of 2591 EXHIBIT B The recitals in this Agreement are true and correct and are incorporated herein by reference and made a part hereof. 2. TERM This Agreement shall commence on the Effective Date and shall continue so long as the Improvements remain in place, unless otherwise earlier terminated as provided herein. 3. ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES The Parties agree that the execution of this Agreement shall constitute an assignment of all maintenance responsibilities pertaining to the Improvements within the Maintenance Limits to the City. 4. CITY's MAINTENANCE RESPONSIBILITIES a. The City shall maintain the Improvements in accordance with all applicable Department guidelines, standards, and procedures, which shall include, but shall not be limited to, the Maintenance Rating Program Handbook, as may be amended from time to time. The City shall further maintain the Improvements in accordance with the standards set forth in applicable Improvement Project Plans, Specifications, and Special Provisions. b. The City shall maintain a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. C. The City shall submit all service logs, inspections, and surveys to the Department Warranty Coordinator. d. The City shall submit 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, and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. e. The City is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, as may be amended from time to time, and applicable project specifications and special provisions. 252 of 2591 EXHIBIT B The City shall perform routine and regular inspections of all Improvements within the Maintenance Limits. g. The City shall conduct annual condition surveys of all Improvements covered by this Agreement. h. The City shall complete all required repairs or replacements within sixty (60) days of identifying a deficiency unless otherwise authorized by the Department. All repairs and replacements shall be made in accordance with Department standards and shall match existing materials in type, color, geometry, and finish unless otherwise approved by the Department. The City shall remove and properly dispose of all debris generated by inspection, maintenance, repair, or replacement activities. k. The City shall ensure all Improvements remain free of hazards and in safe operating condition. Landscaping, Irrigation and Turf: The City is responsible for mowing, cutting and/or trimming and edging the grass and turf of all areas within the Maintenance Limits. M. The City is responsible for pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof, including all material from private property encroaching into the Department's Right -of -Way within the Maintenance Limits. n. All pruning and trimming will follow the Maintenance Rating Program Handbook which specifically requires no encroachment of trees, tree limbs or vegetation in or over travel way (or clear zone) lower than 14.5 feet, or lower than 10 feet over sidewalks. o. The City is responsible for removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in the Improvement Project Plans and in the Project Specifications, incorporated herein by reference, and all applicable Department guidelines, standards and procedures, as may be amended from time to time. All replacement materials shall be in accordance with the Improvement Project Plans and the Project Specifications and Special Provisions. 253 of 2591 EXHIBIT B p. The City is responsible for mulching all plant beds and tree rings. q. The City is responsible for removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. The City is responsible for watering and fertilizing all plants as needed to maintain the plant materials in a healthy and vigorous growing condition. S. The City is responsible for paying for all water use and all costs associated therewith. t. The City is responsible for repairing or replacing all irrigation systems. U. The City is responsible for removing and disposing of litter from roadside and median strips in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. V. The City is responsible for removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by this agreement. Decorative and Aggregate Textured Sidewalks and Hardscape W. The City shall repair and/or replace damaged sidewalks to ensure surfaces are maintained in accordance with all applicable Department guidelines, standards, and all applicable American with Disabilities Act (ADA) requirements, as amended from time to time. X. The City shall conduct annual condition surveys of the sidewalks for gaps, settlement, drop-offs and other deficiencies described in this Agreement for the life of the sidewalks. y. Gaps within the sidewalks shall not exceed a quarter (1/4) of an inch. This requirement also applies to adjacent areas of existing concrete sidewalk(s) that have been impacted by the trees planted within the sidewalks. Z. Differential settlement within the sidewalks shall not exceed a quarter (1/4) of an inch in depth. This requirement also applies to adjacent areas of existing concrete sidewalk(s) that have been impacted by the trees planted within the sidewalks. 254 of 2591 EXHIBIT B aa. The City shall paint, repair, and/or replace damaged concrete slabs/flags. All replacements shall be in -kind (texture, geometry, color, strength, etc.) and shall comply with all applicable Department guidelines, standards, and all applicable Americans with Disabilities Act (ADA) requirements, as amended from time to time. Aesthetic Lighting bb. The City is responsible for performing routine and regular inspections of all existing and proposed landscape and aesthetic lighting systems to ensure all components are fully functional. cc. The City is responsible for identifying damage, deterioration, missing components, or malfunctions affecting the landscape and aesthetic lighting system, including fixtures, lenses, wiring, conduits, foundations, controllers, and associated hardware. dd. The City is responsible for repairing and/or replacing damaged, non-functional, or missing landscape and aesthetic lighting components in accordance with all applicable Department guidelines, standards, and procedures, as amended from time to time. ee. The City is responsible for adjusting fixture orientation, alignment, and light throw to ensure proper illumination of intended features while preventing glare or interference with visibility for the motoring public. ff. The City is responsible for keeping all landscape and aesthetic lighting fixtures, lenses, and associated components clean and free of obstructions, dirt, vegetation, or debris that may impair performance. gg. The City is responsible for ensuring all landscape and aesthetic lighting systems are maintained in a manner consistent with the aesthetic intent of the Improvement Project Plans and Project Specifications, incorporated herein by reference, including color, style, materials, and finish. hh. The City is responsible for performing all preventative maintenance activities necessary to preserve the operational condition and expected service life of the lighting system, including tightening hardware, sealing conduits, and replacing components such as lamps or drivers. The City is responsible for paying all energy costs associated with the operation of the aesthetic lighting system, including service fees, meter charges, and any other related utility expenses. 255 of 2591 jj. The City is responsible for removing and properly disposing of all debris, failed components, packaging, or other materials generated as a result of inspection, maintenance, repair, or replacement activities described in this section. Rigid Pavement Bus Bays kk. The City is responsible for routinely inspecting all existing and proposed rigid pavement bus bays within the Maintenance Limits. Inspections shall identify cracks, spalling, settlement, faulting, joint failures, and any other surface or structural deficiencies. The City shall repair or replace damaged pavement panels to ensure compliance with Department standards. II. The City shall conduct annual condition surveys of the rigid pavement bus bays to assess cracking, joint separation, settlement, surface distress, and other deficiencies described in this Agreement. mm. Gaps or joint separations within rigid pavement bus bays shall not exceed one -eighth (1/8) of an inch unless otherwise specified in Department standards. Gaps or separations that exceed this threshold shall be repaired or sealed in accordance with Department requirements. nn. Differential settlement or vertical displacement between rigid pavement panels shall not exceed one quarter (1/4) of an inch. Any panel exhibiting settlement, heaving, or faulting beyond allowable tolerances shall be corrected in accordance with Department guidelines. oo. When remedial action is required, the City at its own expense shall complete all necessary repairs within sixty (60) days of the date the deficiency is identified. pp. Any pothole within rigid pavement bus bays shall be repaired when the defect exceeds one half ('/2) square foot in area, or when any single measurement of depth equals or exceeds one and one-half (1'/z) inches, or when pervious base is exposed. These thresholds are derived from the Department's Maintenance Rating Program (MRP) rigid pavement pothole standards. qq. All repairs and/or replacements shall match existing pavement in type, strength, geometry, and finish and shall comply with all applicable Department standards, specifications, and procedures. Gravity Wall 256 of 2591 EXHIBIT B rr. The City shall perform routine and regular inspections of all gravity walls within the maintenance limits and shall identify cracks, erosion, undermining, settlement, leaning, spalling, joint deterioration, and any other structural or surface deficiencies in accordance with applicable Department guidelines and standards. ss. The City shall conduct annual condition surveys of all gravity walls to ensure system stability, proper drainage function, and structural integrity. ft. The City shall correct any visible settlement, displacement, or out -of -plumb deviation beyond allowable Department tolerances in accordance with applicable standards, including addressing erosion, loss of backfill, or drainage deficiencies impacting the wall's performance. uu. When deficiencies are identified, the City shall complete all necessary repairs, including restoring drainage features such as weep holes, underdrains, and backfill, within sixty (60) days of identification unless otherwise authorized by the Department. vv. All repairs, replacements, and materials shall comply with applicable Department standards and shall maintain the original structural and aesthetic characteristics of the wail. Pedestrian Railing ww. The City shall perform routine and regular inspections of all pedestrian railing systems within the project limits, including posts, rails, anchorages, foundations, coatings, and associated hardware, and shall identify deterioration, corrosion, deformation, missing components, or any other safety -related deficiencies. xx. The City shall ensure that all pedestrian railing systems remain securely anchored, structurally sound, and in compliance with applicable Department guidelines, standards, and Americans with Disabilities Act (ADA) requirements, as amended from time to time. yy. The City shall maintain all protective coatings, including paint or galvanization, in good condition to prevent corrosion, and shall repair any damaged or deteriorated coatings in accordance with Department standards. zz. The City shall repair or replace any damaged or missing pedestrian railing components within sixty (60) days of identification. All replacement components shall match existing systems in color, geometry, and finish. 257 of 2591 EXHIBIT B aaa. All repairs and maintenance activities shall ensure that the pedestrian railings remain continuous, free of hazards, and fully functional as pedestrian safety features. Street Furniture bbb. The City shall perform routine and regular inspections of all street furniture within the project limits, including benches, trash receptacles, bicycle racks, planters, decorative elements, and similar public -use amenities. ccc. The City shall maintain all street furniture in clean, safe, and functional condition and shall repair or replace any damaged, vandalized, deteriorated, or missing components in accordance with applicable Department guidelines, standards, and the Improvement Project Plans and Specifications. ddd. The City shall ensure that all street furniture is installed, maintained, and positioned in a manner that does not obstruct accessible routes or otherwise impede compliance with the Americans with Disabilities Act (ADA), including applicable Department guidelines, standards, and accessibility requirements eee. The City shall ensure that all street furniture remains properly anchored, level, and free from defects that create hazards, including sharp edges, protrusions, or instability. fff. The City shall clean, repaint, or resurface street furniture as necessary to maintain an acceptable aesthetic condition consistent with the Improvement Project Plans and Specifications. ggg. The City shall remove and dispose of all litter and debris associated with street furniture and shall repair or replace any items within sixty (60) days of identifying deficiencies. hhh. All replacements shall be in -kind with respect to material, color, geometry, and finish and shall comply with all applicable Department standards and guidelines. 5. DEFAULT If the City fails to observe or perform any covenant, condition, or agreement contained herein, the Department shall provide the City with a thirty (30) calendar day 258 of 2591 EXHIBIT B notice to cure. If the City fails to cure within the thirty (30) calendar day notice period (or such longer time period agreed by the Parties in writing), then the City shall be in default of this Agreement and the Department may, at its sole and exclusive discretion, elect to (i) terminate this Agreement, or (ii) cure any default and invoice the City for expenses incurred inclusive of an administrative fee at 20%. The administrative fee shall be reasonable and commensurate with the direct and actual maintenance costs incurred by the Department and any other activities and administrative costs taken on by the Department relating to the maintenance (i.e., time spent by Department employees) and shall offer a detailed explanation of the amounts charged. If the City fails to reimburse the Department for the expenses incurred to cure the default, the Department may immediately terminate this Agreement. If the City's default is of a nature that the City should not be given an opportunity to cure the default (including but not limited to, destruction, damage, or misuse of the Department's property by intentional act or a subsequent or continued unreasonable disturbance), or if the default constitutes a subsequent or continuing default within three (3) months of a written warning by the Department of a similar violation, the Department may immediately terminate this Agreement by delivering a written notice of termination to the City specifying the default. Notwithstanding anything to the contrary herein, if a default by the City occurs, as provided in this Paragraph 5, the Department shall have the right to exercise any and all rights and remedies available to it at law or in equity, including but not limited to recovery of damages and administrative costs. 6. NOTICES All notices, requests, demands, consents, approvals, and other communications which are required to be served or given under this Agreement shall be in writing and shall be delivered by either hand delivery, by a nationally recognized courier (such as FedEx or UPS), or by the United States Postal Service, sent Certified Mail, return receipt requested, postage paid, to the following addresses: To the Department: Florida Department of Transportation 1000 NW 111m Avenue, Room 6105-B Miami, Florida 33172 Attention: Right of Way Manager To the City: 259 of 2591 EXHIBIT B or to such other addresses as either Party may designate in writing from time to time. If the notice requires signature by the Department or City the notice shall be deemed served on the date of the notice was signed for by the Department or City. If the notice does not require signature by the Department or City, or the Department or City is unavailable to sign for the notice if signature by the Department or City is required, then notice shall be deemed served five (5) business days after the date the notice was given to the courier or deposited in a United States Post Office receptacle. 7. REMOVAL, RELOCATION, OR ADJUSTMENT OF THE IMPROVEMENTS a. The Parties agree that any Improvements may be removed, relocated, or adjusted at any time in the future by the Department, and at the Department's sole discretion. If the Department relocates or adjusts any Improvements, the City's maintenance responsibilities will survive the relocation or adjustment, as long as the improvements remain within the Maintenance Limits. b. If at any time the Department is required to replace any transportation - related Improvements as part of the Department's maintenance activities, roadway project, or related construction activities, the Department shall replace the transportation -related Improvements in accordance with Department standards, and the City's maintenance obligations as to said transportation -related Improvements under this Agreement shall terminate. C. The City may, with the approval of the Department, upgrade standard Improvements, if any, at its sole cost and expense with the understanding that the City shall assume all maintenance obligations for the upgraded Improvements, and this Agreement shall be amended to reflect the City's obligation to maintain the upgraded Improvements. 8. TERMINATION This Agreement is subject to termination under any one of the following conditions: a. If mutually agreed to by both parties, upon 365 days written advance notice. 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 unless the records are exempt from Section 24(a) of Article I of the State 260 of 2591 W-4:Illar1111, Constitution and Section 119.07(1), Florida Statutes. Prior to termination of the Agreement under this paragraph, the City shall, at its sole cost and expense, remove all the Improvements and restore the area in accordance with the Department's guidelines, standards, and procedures, and to the satisfaction of the Department. 9. INSURANCE With regard to work to be done inside the Department's right of way, the City shall cause its contractors to add the Department, its employees, officers, agents, representatives, and contractors, and the City as additional insureds and Certificate Holders in their general insurance policies during the term of this Agreement. Such insurance shall include Products/Completed Operations coverage. Prior to commencement of any work by the City's contractors, the City shall provide the Department with its contractors' Certificates of Liability Insurance and Additional Insured Endorsements naming the Department, its employees, officers, agents, representatives, and contractors, and the City as additional insureds. The Department shall be notified in writing within ten (10) days of any cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. 10. MISCELLANEOUS TERMS a. This Agreement shall supplement all existing permits and existing maintenance agreements previously executed between the Department and the City relating to the Improvements. Notwithstanding the foregoing, if the terms of this Agreement and the terms of any existing permits or existing maintenance agreements previously executed between the Department and the City are in conflict, the terms of this Agreement shall govern and control. b. E-Verify The City 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 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 261 of 2591 EXHIBIT B verify the employment eligibility of all new employees hired by the subcontractor during the contract term. (Executive Order Number 2011-02) 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. Venue for any and all actions arising out of or in connection with the interpretation, validity, performance, or breach of this Agreement shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. g. No modification, waiver, or amendment of this Agreement or any of its conditions or provisions shall be binding upon the Parties unless in writing and signed by both Parties. h. The Parties are governmental entities 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 either Party's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 262 of 2591 EXHIBIT B 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: Name Title: Attest: Name: Title. - Legal Review: By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By:_ Name: Title: Attest: Name: Title: Legal Review: By:_ Name: Title: District Six Counsel 263 of 2591 EXHIBIT B EXHIBIT "A" MAINTENANCE LIMITS Below are the maintenance limits of the Improvements to be maintained by the City under this Agreement. State Road Number: 112 Local Street Names: 41 Street / Arthur Godfrey Road Agreement Limits: SR 907 / Alton Road to Pine Tree Drive County: Miami -Dade 264 of 2591 EXHIBIT B EXHIBIT "B" RESOLUTION NO. 265 of 2591 APPEN DIX A.1 Gateway Sculptures - (4) Locations Concept Renderings *{411 t. a S ' �► a '� ,a is - . �''.' � r � � = �,.�., � • ' �-! Rie, Mw, lagrow slow p"®rk- _�- JIB .. •_�_.. i_ � � �+ EXHIBIT C -W- ' GATEWAY SCULPTURE -LOCATION 2 - 954 W 41 st St, Miami, FL 33140 SCALE:NTS tea""' 268 of 2591 xr-s r EXHIBIT C GATEWAY SCULPTURE -LOCATION 4 - 3180 W 41st St, Miami Beach, FL 33140;, r SCALE: NTS c 270 of 2591 Concrete Seat Wails - (4) Locations Concept Renderings Cross Section View Detaits EXHIBIT C c- co,cApt­ CONCRETE SEAT WALL -TYPICAL VIEW SCALE:NTS FACE OF CURB VARIES,T;P 2'-3'MIN. O&A Ad 272 of 2591 EXHIBIT C CONCRETE SEAT WALL — TYPICAL SECTION (DIAGRAM) SCALE:NTS )' ACE OF CURB 273 of 2591 EXHIBIT C CAF Carcertua. App.yval' CONCRETE SEAT WALL - TYPICAL DETAILS SCALEATS not { L_ J auawn �.r main w o.0 aET� wrw• morn r. eocv aETA� M1 M�K 15 ua] aG i Mph , wrca-;s.+vcw a. eo 274 of 2591 APPENDIX B.1 Gateway Sculptures - (4) Locations Overall Location Map Location Plans Ring Diagrams EXHIBIT C CAP C.-pt- pp -al GATEWAY SCULPTURE -OVERALL LOCATION MAP SCALE:NTS GATEWAY SCULPTURE LOCATION 1 z O: J a 4'Rs= 6• �ry i,t GATEWAY SCULPTURE LOCATION 2 GATEWAY SCULPTURE LOCATION 3 A. .__ SR 112 i GATEWAY SCULPTURE LOCATION 4 276 of 2591 EXHIBIT C GATEWAY SCULPTURE - LOCATION 1 - 975 Arthur Godfrey Rd, Miami Beach, FL 33140 SCALE:NTS � t 4 � — uoera��w,a.c .w. nw •� ��,•• �• ..,— u10 277 of 2591 EXHIBIT C ZA< CC-Ctoto*' Apeon, GATEWAY SCULPTURE - LOCATION 2 - 954 W 41 st St, Miami, FL 33140 SCALE:NTS -- • • ..- — ar cowca irnwu+cu - v�.wom.uac.w. n.w 278 of 2591 EXHIBIT C GATEWAY SCULPTURE - LOCATION 3 - 301 Arthur Godfrey Rd, Miami Beach, FL 33140 SCALE:NTS .r i� t, � w w •. .rs ..aM ,pfa•plrt�Np•tlnr �•11ti ]qA aroawr �� GFT��. L}12 279 of 2591 EXHIBIT C CA, Corceotoat AooWvat GATEWAY SCULPTURE- LOCATION 4 - 3180 W 41 st St, Miami Beach, FL 33140 SCALE:NTS i 1 I .h -Nfearu Y GrA�ir �t AMA �laYrY.P11� ,aulEh h r�.• MA•r.y�MMer -L- 0-, s 280 of 2591 EXHIBIT GATEWAY SCULPTURE ' RING DIAGRAM RING TYPE Rl MTAL .111 IT EXHIBIT C GATEWAY SCULPTURE - RING DIAGRAM SCALE NTS RING TYPE R2 1-- CiRCU CHART � E E E 4 E ♦ r ._lP war �[ E s f 4 E 5 ._ra'ynr fir_ [ 0 f ! 1 «•.. Y.•r�r Wes. 1wr1 tin .iai ��w . } •� _ .�.22..... .1t7 a! [pw0011 KN[MtAT10M - �_ L} 19 unruwc awlfuw I 282 of 2591 EXHIBIT C �Af Co^ctv- GATEWAY SCULPTURE - RING DIAGRAM SCALE:NTS I t t 283 of 2591 APPENDIX B.2 Concrete Seat Walls - (4) Locations Location Plans EXHIBIT C _nt,a CONCRETE SEAT WALL - OVERALL LOCATION MAP SCALE:NTS 0 a z 0 a I ter.' '"'P• CONCRETE SEAT WALL LOCATION 1 CONCRETE SEAT WALL LOCATION 3 3 z J r 's a t� • .,r:.��iA. .. v �- .�y,�R � �i' �•�-syT� SR 112 CONCRETE SEAT WALL LOCATION 2 CONCRETE SEAT WALL LOCATION 4 285 of 2591 EXHIBIT C CONCRETE SEAT WALL - LOCATION 1 & 2 - 529 W 41 st St, Miami Beach, FL 33140 SCALE.NTS jSEE ENLARGED '� 1 J + f �••�.��•�•.� a , s LOCATION PLAN 1 j • e� . R _ 112 �r ....... ..s SEE ENLARGED 11 LOCATION PLAN 2 f f f i i � .a.,r oaiwoa� �,.n�wro. - -- "� - _ _ _ �wnwnaa.uw - �ts� 286 of 2591 EXHIBIT C ^.AL CONCRETE SEAT WALL - ENLARGED LOCATION PLAN 1 - 529 W 41 st St, Miami Beach, FL 33140 SCALE:NTS 1j I Q — r r sew, AAu tr►. e � ram' { �.� •. �a ENOIMOW PLAN AT NawT" NWKC= ONNE16 Oder-WYAL POAP AW T .. fC 287 of 2591 EXHIBIT C CONCRETE SEAT WALL - ENLARGED LOCATION PLAN 2 - 524 Arthur Godfrey Rd, Miami Beach, FL 33140 SCALENTS cow¢ seAr*A� TYP — PLAhTwl YJ L T —T 288 of 2591 EXHIBIT C .A: Cc�cvmat ADD-Cv CONCRETE SEAT WALL -LOCATION 3 & 4 - 451 W 41 st St, Miami Beach, FL 33140 SCALE:NTS SEE ENLARGED LOCATION PLAN 3 • — J -Q , t 4'�b: '¢- T .FINvA GiCFAt• .• S.R. 117 • wST7i L ...�.......I....1 SEE ENLARGED LOCATION PLAN 4 MIN 289 of 2591 �^ ^,^,�a Az"" CONCRETESEAJwALL-ENu\RGEDLOCAT0NPU\NLOCATK}N3'451VV41ytEt.xxiomiBomch.FL33v4V Cq PLANTING cavcp" EXHIBIT C CONCRETE SEAT WALL -ENLARGED LOCATION PLAN 4 - 450 W 41 st St, Miami Beach, FL 33140 SCALE:NTS ' CONCRETE SEAT WALL. -. PLANTWU, i1 Ep - o� - EMULARDED ,IAN AT 30l1TN WWOCK CROSS WG OASIS - S/ERDAN AIM77 �. �_ �' � � - ♦IJ, ■T G0�1R)OR REV�iKWTKM �' '• LIiL ILg1�TWlE RIl. 291 of 2591