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HomeMy WebLinkAboutExhibit 1TAMIAMI CANAL /N.W. SOUTH RIVER DRIVE SWING BRIDGE RELOCATION MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION, MIAMI-DADE COUNTY AND THE CITY OF MIAMI This MEMORANDUM OF AGREEMENT is entered into this day of 2010, by and between the State of Florida Department of Transportation, hereinafter called the DEPARTMENT, Miami -Dade County, a political subdivision of the State of Florida hereinafter called the COUNTY, and the City of Miami, hereinafter called the CITY. WITNESSETH WHEREAS the Tamiami Canal / N.W. South River Drive Swing Bridge, a Miami -Dade County owned and operated bridge, (hereinafter "the historic bridge") was determined eligible for inclusion in the National Register of Historic Places (NRHP); and WHEREAS a Project Development and Environment (PD&E) Study undertaken by the DEPARTMENT has determined that the replacement of the historic bridge is necessary to resolve safety concerns, improve hydraulic conductivity, and meet future traffic demands; and WHEREAS Federal Highway Administration (FHWA)'s approval of the PD&E Study National Environmental Policy Act. (NEPA) document as an Environmental Assessment/Finding of No Significant Impact (EA/FONSI) is contingent upon the successful relocation of the historic bridge, in lieu of demolition; and WHEREAS, the DEPARTMENT, the COUNTY and the CITY have the common goal of protecting and preserving the historic bridge as a cultural resource; and WHEREAS maintaining the historic bridge in a visible and accessible location within the River System will benefit the community; and WHEREAS the historic bridge will be relocated to a site within the Miami River System where it will span the South Fork of the Miami River between the City of Miami's Fern Isle Park located on the south shore and City property recently acquired from the Police Benevolent Association (Folio No. 01 31340760020 — hereinafter "PBA Park") located on the north shore, in the City of Miami; and WHEREAS the DEPARTMENT has consulted with the FHWA and the State Historic Preservation Officer (SHPO) pursuant to Section 106 of the National Historic Tamiami Canal Historic Swing Bridge MOA: 11-3-10 Preservation Act (NHPA) of 1966 (Public Law 89-665, as amended), as implemented by 36 CFR Part 800 (Protection of Historic Properties, revised January 2001) (hereinafter referred to as "Section 106") and has made certain commitments to ensure that the proposed relocation will have no adverse effect on the historic bridge; and WHEREAS relocation of the historic bridge is dependent on the construction of a replacement bridge crossing the Tamiami Canal at N.W. South River Drive; and, WHEREAS the Department has estimated that the total cost associated with the bridge replacement including relocation/retrofitting is $35,000,000 only part of which is currently funded; and WHEREAS the COUNTY has $18,000,000 in General Obligation Bonds ("GOB") funding available for the project and this agreement would allow for the approval of a federal NEPA document which would make the project eligible for federal funding. WHEREAS the DEPARTMENT, the COUNTY and the CITY have undertaken coordination regarding the commitments made to FHWA and SHPO, in accordance with the provisions of Section 106 (hereinafter generally referred to as the Section 106 commitments). NOW THEREFORE, the COUNTY, the CITY and the DEPARTMENT agree as follows: ARTICLE 1 INCORPORATION OF "WHEREAS" PROVISIONS The "whereas" provisions listed above are true, correct, and are incorporated herein by reference. ARTICLE 2 PURPOSE The purpose of th'G. MOA is to memorialize the understandings of the DEPARTMENT, the COUNTY and the CITY relative to the relocation of the historic bridge and the Section 106 commitments associated with this relocation. ARTICLE 3 THE RELOCATION OF THE TAMIAMI CANAL / N.W. SOUTHRWER DRIVE SWING BRIDGE 2 Tamiami Canal Historic Swing Bridge MOA: 11-3-10 3.1 City Responsibilities a) The City shall provide to the County the site for relocation of the historic bridge, spanning the South Fork of the Miami River between Fem Isle Park and PBA Park (the "Site"). A map of the Site is shown below. The City represents and warrants that it has full ownership and control of the Site and is fully empowered to authorize the placement of the historic bridge on the Site. Exhibit A b) Subject to the limits of Florida Statute 768.28, the City shall assume all future legal and financial responsibility for the bridge and shall provide perpetual maintenance of the historic bridge at the relocation site in a manner that shall preserve its historic character and still convey its engineering importance as a rare example of a Warren pony truss span type bridge, with no requirement that the bridge be operational as 'ng as the functionality and mechanics are visible, maintained and explained at the new location. c) The City shall not take any action which will impair or hinder the relocation of the historic bridge to the Site. The City shall provide access to the Site for the purpose of surveys, testing and inspection as deemed by the County necessary for the work. The City shall provide to the construction contractor full access to the Site for purposes of the work, including full ingress and egress capabilities, and reasonable staging areas within the park for the construction work. 3 Tamiami Canal Historic Swing Bridge MOA: 11-3-10 d) The City shall bear full responsibility for the use and maintenance of the historic bridge following substantial completion of the relocation to the Site. e) The City shall have no other responsibility related to the relocation of the historic bridge except as shown herein. All City responsibilities are contingent upon an annual appropriation by the City Commission. 3.2 COUNTY RESPONSIBILITIES a) The COUNTY shall provide a relocation and retrofit plan as part of the design phase. This retrofitting will consist ofthe removal of the lead paint and other requirements listed herein. b) The COUNTY shall move the historic bridge from its existing location on N.W. South River Drive and install the historic bridge as a fixed pedestrian bridge in the Site. The COUNTY shall install the historic bridge is such a way that its historic character is not compromised; with the bridge placed on a pivot pier and its mechanisms evident (although it will be fixed) so the bob -tailed swing bridge functionality and method of movement shall be visible and the engineering importance shall be conveyed. c) The COUNTY shall install the historic bridge in such a way as to meet all safety standards and vehicle loading requirements relevant to its new location, including but not limited to provision of access ramps, railings along the truss members and performance of any necessary modifications of the bridge deck to seal or cover openings satisfying requirements for accessibility by individuals with disabilities under the Americans with Disabilities Act of 1990 (ADA), while maintaining at all times the historic characteristics of the bridge. d) The COUNTY shall provide archaeological monitoring at both the existing historic bridge site and the proposed relocation site as required for Section 106 compliance, during any subsurface excavation associated with the replacement and relocation of the historic bridge. e) As determined by a qualified Professional Archaeologist, if any cultural material is identified during the bridge relocation, all work in the immediate area of the discovery shall cease and information regarding the discovery of cultural material shall be forwarded by the COUNTY to SHPO and to the DEPARTMENT for review and comment. 4 Tamiami Canal Historic Swing Bridge MOA: 11-3-10 f) With respect to the Site, the COUNTY assumes full responsibility for: (i) unforeseen site conditions, (ii) subsurface or otherwise concealed physical conditions which differ materially from those indicated or assumed in the retrofit construction documents to relocate the historic bridge and (iii) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided in this agreement. g) The COUNTY shall be responsible for the removal or relocation of man-made obstructions, abandoned foundations, utilities and natural underground obstructions required for the completion of the work. h) The COUNTY shall be responsible for any site conditions, including environmental conditions, caused, disturbed or exacerbated during the construction work necessary for relocation of the historic bridge. i) The COUNTY shall be responsible for up to $115,000 for any unforeseen site conditions encountered during the design or construction that result in costs to relocate/retrofit the bridge above the estimate included in Section 3.3, Table 1of this document. In the event that an unforeseen site condition is encountered during the design phase of this project which would result in a project expenditure expected to exceed the $115,000 amount, the City and the County agree to negotiate in good faith an altemate location for the bridge within the parks, or explore other means to reduce the project cost. 3.3 DEPARTMENT RESPONSIBILITIES a) The DEPARTMENT shall be responsible for ensuring that commitments made in the Environmental Assessment/Finding of No Significant Impact (EA/FONSI) are carried out. b) The DEPARTMENT shall review the design phase submittals only for overall compliance with the EA/FONSI and in particular, the Section 106 commitments, and any cc'.;ments shall relate to such compliance. c) As part of archeological monitoring, the DEPARTMENT and FHWA shall coordinate with the federally -recognized Native American governments, if applicable. d) The DEPARTMENT shall provide interpretive markers to be placed at the relocation site, on both sides of the historic bridge. The markers shall be low maintenance, etched metal displays with photos depicting the engineering and Tamiami Canal Historic Swing Bridge MOA: 11-3-10 historical importance of the Tamiami Bridge and illustrating its former operation as a bob -tailed swing type bridge. e) The DEPARTMENT shall prepare archival copies of bridge drawings and provide Historic American Building Survey/Historic American Engineering Record (HABS/HAER) Level III documentation to the SHPO, and to the Historical Museum of Southern Florida in Miami. f) The DEPARTMENT shall use its best efforts to obtain construction documents from the original builders of the historic bridge - Champion Bridge Company. g) The DEPARTMENT shall be responsible for coordination with SHPO and FHWA. h) The DEPARTMENT shall coordinate relocation and retrofit funding from the FHWA with the understanding that FHWA funding is available for all costs associated with the relocation of the bridge to its new location and its installation for use as a pedestrian bridge, provided these costs do not exceed the estimated cost of demolition. The cost of demolition has been estimated at $784,500. The estimated relocation costs identified in Table 1 have been reviewed and approved by FHWA as costs which would qualify for funding under this provision. Table 1 — Estimated Relocation Costs Construction Costs $530,000 Design & CEI Fees (Relocation, Installation and Retrofit) $103,000 Archeological Monitoring $14,000 Subtotal $647,000 Contingency (10%) & Mobilization (5%) $97,050 Total $744,050 6 Tamiami Canal Historic Swing Bridge MOA: 11-3-10 ARTICLE 4 FEDERAL FUNDING The approved National Environmental Policy Act (NEPA) document will allow the County to become eligible to apply for additional Federal funding in connection with replacement of the historic bridge. As such, the County may pursue any additional Federal funding available. If the COUNTY is not able to obtain federal funding to complete the project, this document will not be implemented. ARTICLE 5 EFFECTIVENESS This agreement shall be effective upon the date in which the last party executes the same, but the obligations of the Parties shall be expressly subject to the condition subsequent that the County receive approval for the funds which the County, in its discretion, determines to be necessary for the complete replacement of the existing bridge and for the relocation and retrofit of the historic bridge. The Agreement shall expire on the later of the completion of the relocation of the bridge or five years following the execution of the agreement, whereupon all obligations of the parties shall cease, except for the City's obligations to maintain the historic bridge upon relocation, which will survive the termination of the agreement. If relocation of the historic bridge cannot be carried out, the provisions of this MOA shall be moot, and the DEPARTMENT, FHWA, and SHPO shall reinitiate Section 106 consultation. ARTICLE 6 AMENDMENTS This Agreement may be amended in writing for the purpose of revising responsibilities f the parties or for any other purpose mutually agree(:; upon by all parties. ARTICLE 7 NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be snit by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: 7 Tarniami Canal Historic Swing Bridge MOA: 11-3-10 To the DEPARTMENT: Florida Department of Transportation District Six Director of Transportation Development 1000 NW 111th Avenue Miami, Florida, 33172 To the COUNTY: Esther L. Galas, P.E. Director, Public Works Department Miami -Dade County 111 NW First Street, Suite 1640 Miami, Florida 33128 (305) 375-2960 To the CITY Alice Bravo, PE Director, CIP 444 SW 2nd Avenue, Suite 945 Miami, FL 33130-1910 IN WITNESS WHEREOF, the Parties have hereunto executed this instrument for the purpose herein expressed, the day and year first above written. Attest: CITY OF MIAMI Name Priscilla H. Thompson, CMC, City Clerk (Print/Type Name) LEGAL REVIEW: Name: Julie O. Bru Title: City Attorney 8 Tamiami Canal Historic Swing Bridge MOA: 11-3-10 By: Carlos A. Migoya, City Manager Attest: Name (Print/Type Name) LEGAL REVIEW: Name: Title: MIAMI-DADE COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS By: County Mayor or County Mayor's Designee Attest: FLORIDA DEPARTMENT OF TRANSPORTATION Name (Print/Type Name) LEGAL REVIEW: Name: Title: 9 Tamiami Canal Historic Swing Bridge MOA: 11-3-10 By: District Six Director of Transportation Development