08/15/2018 Agreement COOQ, X1
" �,, Kevin Madok, CPA
"" 11 ' � Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: August 28, 2018
TO: Breanne Erickson
Engineering Services
FROM: Pamela G. HancokC.
SUBJECT: August 15 BOCC Meeting
Attached are four duplicate originals of C8, Memorandum of Agreement between the
United States Coast Guard, the Florida State Historic Preservation Officer and Monroe County
regarding the replacement of the Duck Key bridges, executed on behalf of Monroe County for
your handling.
Please be sure to return a duplicate original to my office once the USCG has signed, for
the record Should you have any questions, please feel free to contact me at ext. 3130. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070
305- 294 -4641 305 - 289 -6027 305 - 852 -7145 305 -852 -7145
MEMORANDUM OF AGREEMENT (MOA)
BETWEEN
THE UNITED STATES COAST GUARD,THE FLORIDA STATE HISTORIC
PRESERVATION OFFICER AND MONROE COUNTY
REGARDING THE REPLACEMENT OF THE DUCK KEY BRIDGES
MONROE COUNTY, FLORIDA
WHEREAS, the United States Coast Guard (USCG) is the federal agency responsible for the
processing of a federal bridge permit application for the replacement of four bridges: Harbour
Drive Bridge (Florida Department of Transportation [FDOT] Bridge No. 904604/ Florida Master
Site File [FMSF] No. 8MO2135), Bimini Drive Bridge (FDOT Bridge No. 904603 /FMSF No.
8MO2136), Truman Bridge (FDOT Bridge No. 904602 /FMSF No. 8MO2137), and Rosen Bridge
(FDOT Bridge No. 904606 /FMSF No. 8MO2138) (hereinafter referred to as the historic bridges)
at Duck Key by Monroe County, Florida; and
WHEREAS, the historic bridges have previously been determined to be eligible for inclusion in
the National Register of Historic Places; and
WHEREAS, the United States Coast Guard (USCG) pursuant to Section 106 of the National
Historic Preservation Act (NHPA) (54 United States Code (U.S.C.) Section 306108) and its
implementing regulations at Title 36 Code of Federal Regulations Part 800 has consulted with the
Florida State Historic Preservation Officer (SHPO); and
WHEREAS, the USCG has established an Area of Potential Effect (APE) for the replacement
project in accordance with 36 CFR Section 700.16(d) as illustrated by Exhibit A; and
WHEREAS, the USCG has determined that the replacement project requires removal of the
National Register of Historic Places (NRHP)- eligible historic bridges which will have an adverse
effect on the bridges; and has consulted with the Florida State Historic Preservation Officer
(SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National
Historic Preservation Act; and
WHEREAS, the USCG, SHPO and Monroe County consulted with the Cultural Resources
Committee (CRC), which includes locally affected parties, the Historic Florida Keys Foundation,
and a representative from the Duck Key Security District Advisory Board and Duck Key Property
Owners Association, and considered their input regarding the proposed effects as well as potential
mitigation options; and
WHEREAS, in accordance with 36 CFR § 800.6(a)(1), the USCG has notified the Advisory
Council on Historic Preservation (ACHP) of its adverse effect determination with specified
documentation, and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR
§ 800.6(a)(1)(iii); and
NOW, THEREFORE, Monroe County, USCG, and SHPO agree that the Project shall be
implemented in accordance with the following stipulations in order to mitigate adverse effects to
the historic bridges.
STIPULATIONS
The USCG shall ensure that the following measures are carried out:
Project Design and Construction
A. The replacement typical sections for the four bridges will consist of two lanes
(matching existing roadway approach lane width) and two striped shoulders
meeting minimum width requirements as defined by the 'FDOT Florida Design
Manual, Florida Green Book or American Association of State Highway and
Transportation Officials (AASHTO) standards. Pedestrians will be accommodated
by at least one raised sidewalk meeting Americans with Disabilities Act (ADA)
requirements.
B. Efforts will be made to acknowledge the historic bridge geometry and historic
railing aesthetics in the new bridge design. New construction shall be carried out
using contemporary construction methods, structural systems, dimensions and
materials so as to clearly make the replacement bridges a product of their own time
while referencing certain aesthetic design elements of the original bridges,
specifically related to the railing with the understanding that new railings will not
exactly replicate the historic railings. The bridge railings will be re- designed to
withstand the impact forces required for a TL -2 Railing, as defined in AASHTO
standards.
C. Monroe County will create a bridge aesthetics committee consisting of
representatives from the Duck Key Security District Advisory Board, Duck Key
Property Owners Association, Historic Florida Keys Foundation, and SHPO to
serve in an advisory capacity regarding appropriate design elements for the
replacement bridges that may be addressed during the design phase of the Project.
D. Should there be any substantive alterations to the Project design that could result in
adverse effects to historic resources not addressed in this agreement, Monroe
County shall notify the USCG and the SHPO of these alterations and provide the
SHPO with an opportunity to review and comment on the alterations in accordance
with Stipulation XI.
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II. Documentation of the Duck Key Bridges
A. The following documentation requirements were developed in consultation with
the National Park Service and will be undertaken prior to any demolition or
alterations to the four bridges:
1. The written historical and descriptive data prepared in accordance with outline
format guidelines containing:
a. A general history of the community development;
b. A construction history of the bridges including the history of the bridge
type(s);
c. An architectural description of the resource including alterations;
d. A description of the site and changes;
e. Any historical photographs in the supplementary materials section (these
may be subject to copyright release); and
f. A site plan
2. Reproduction of as built drawings
3. Large - format (4" x 5" or larger negative size) photographs processed for
archival permanence in accordance with Historic American Buildings Survey
(HABS)/Historic American Engineering Record (HAER) photographic
specifications (www.nps.gov /hdp /standards /photoguidelines.pdf). Views will
include:
a. At least one view that shows the resource in context.
b. One photograph of both faces.
c. Photographs of the substructure.
d. Views of any detail unique to the resource including railings or date
stamps /plaques.
4. At least one color digital photograph of each resource and its setting. The
digital format should meet the NPS National Register of Historic Places
(NRHP's) 75 -year permanence standard and higher resolution digital files
(www.nps.gov/NR/PUBLICATIONS/bulletins/photopolicy/index.htm).
5. Photo locations keyed to the site plan and included with the "Index to
Photographs."
B. All architectural history work carried out pursuant to this Agreement shall be
conducted by, or under the direct supervision of, a person or persons meeting the
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Secretary of the Interior 's Professional Qualifications Standards for Architectural
History (62 FR 33708 — 33723, June 20, 1997) and all archaeological work shall be
carried out by, or under the direct supervision of, a person or persons meeting the
Secretary of the Interior's Professional Qualifications Standards for Archaeology
(62 FR 33708 — 33723, June 20, 1997).
C. Monroe County will provide copies of the documentation completed in accordance
with Stipulation II.A as follows:
1. An archival copy to the U.S. Department of Interior, National Park Service
Southeast Regional Office for review and approval prior to demolition of the
structure, per HABS /HAER guidelines; and
2. An archival copy and digital copy to the SHPO for inclusion in the Florida
Master Site File (FMSF); and
3. A non - archival copy and electronic copy to the Historic Florida Keys
Foundation.
III. Public Education
Monroe County will assist with the development and funding of a State Historic Marker placed in
proximity to the Truman Bridge location. The draft State Historic Marker text and location will be
coordinated with the Florida Historical Marker Program for review.
IV. Archeological Investigations /Discoveries
In consultation with the SHPO, Monroe County will ensure efforts to avoid, minimize or mitigate
adverse effects to any significant archaeological resources at the current bridge locations during
the Project in accordance with 36 CFR 800.13(b). All records resulting from archaeological
discoveries shall be in accordance with 36 CFR 79; and shall be submitted to the SHPO.
Should potentially significant archaeological resources be identified during ground disturbing
activities and construction of the Project, Monroe County, in consultation with the SHPO, will
ensure efforts to avoid, minimize, or mitigate adverse effects to these resources.
Should archaeological artifacts, ecofacts, or features be encountered during ground disturbing
activities and construction of the Project, Monroe County will ensure that they are examined by a
professional archaeologist meeting the Secretary of the Interior 's Professional Qualifications
Standards (62 FR 33708 — 33723, June 20, 1997).
Should unmarked human remains be encountered during the cultural resources assessment survey
or construction of the Project, Monroe County will ensure that they are treated in accordance with
Chapter 872.05, Florida Statutes.
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V. Monitoring and Reporting
Ninety (90) days after issuance of the USCG Bridge Permit and annually on that date until this
agreement expires or is terminated, Monroe County shall provide all parties to this agreement a
summary report detailing work undertaken pursuant to its terms. Such report shall include any
scheduling changes proposed, any problems encountered, and any disputes and objections received
in Monroe County's efforts to carry out the terms of this agreement. Failure to provide such
summary report may be considered noncompliance with the terms of this MOA pursuant to
Stipulation XI, below.
VI. Schedule for Completion
This agreement will be null and void if its terms are not carried out within five (5) years from the
date of permit or if the USCG permit becomes null and void, whichever occurs first. Prior to such
time, USCG may consult with the other signatories to reconsider the terms of the agreement and
amend in accordance with Stipulation XI, below.
VII. Points of Contact
The USCG Point of Contact (POC) will be the Commander (DPB), Seventh Coast Guard District,
ATTN: Director, Bridge Branch, 909 SE ls Avenue, Suite 432, Miami, FL 33131, at (305) 415-
6743, Fax: (305) 415 -6763.
The POC for the SHPO will be Timothy Parsons, Ph.D., State Historic Preservation Officer, 500
South Bronough Street, Tallahassee, FL 32399 -0250 at (850) 245 -6300, Fax: (850) 245 -6436.
The POC for Monroe County will be Judith S. Clarke, P.E., Director of Engineering Services,
1100 Simonton Street, Key West, FL 33040, at (305) 295 -4329, Fax (305) 295 -4321.
VIII. Post Review Discoveries
If potential historic properties are discovered or unanticipated effects on historic properties found,
the signatory parties shall consult in accordance with 36 CFR Section 800.13. In such instances,
the terms of this MOA will be reconsidered and may be amended in accordance with Stipulation
XI, below.
IX. Effective Date
The terms of this agreement will become effective on the date that it is fully executed by all parties.
X. Dispute Resolution
Should any party to this agreement object within (30) days after receipt to any plans, specifications,
contracts, or other documents provided for review pursuant to this agreement, or to the manner in
which this agreement is being implemented, USCG shall consult with the objecting party to resolve
the objection. USCG shall forward all documentation relevant to the dispute to the SHPO, and the
5
ACHP, only if it is a dispute among review agencies. Within thirty (30) days after receipt of all
pertinent documentation, the SHPO and /or ACHP will either:
A. Provide USCG with recommendations, which USCG will consider in reaching a
final decision regarding the dispute; or
B. Notify USCG that the ACHP will comment pursuant to 36 CFR 800.6 (b)(1)(v) and
proceed to comment. Any ACHP comment provided in response to such request
will be considered by USCG in accordance with 38 CFR 800.7(a) with reference to
the subject of the dispute.
C. Any recommendation or comment provided by the ACHP will be understood to
pertain only to the subject of the dispute; USCG and Monroe County's
responsibility to carry out all of the actions under this agreement that are not the
subject of the dispute will remain unchanged.
XI. Amendments and Non - compliance
If any signatory to this MOA, including any invited signatory, determines that its terms will not or
cannot be carried out or that an amendment to its terms must be made, that party shall immediately
consult with the other parties to develop an amendment to this MOA pursuant to 36 CFR Sections
800.6(c)(7) and 800.6(c)(8). The amendment will be effective on the date a copy signed by all of
the original signatories is filed with the ACHP. If the signatories cannot agree to appropriate terms
to amend the MOA, any signatory may terminate the agreement in accordance with Stipulation
XII, below.
XII. Termination
If this MOA is not amended following the consultation set out in Stipulation X, it may be
terminated by any signatory or invited signatory. Within 30 days following termination, USCG
shall notify the signatories if it will initiate consultation to execute a revised MOA with the
signatories under 36 CFR Section 800.6(a)(1) or request the comments of the ACHP under 36 CFR
Section 800.7(c) and proceed accordingly.
Execution of this MOA by USCG, Monroe County, and SHPO and implementation of its terms
evidences that USCG has satisfied requirements of Section 106 of the National Historic
Preservation Act [Title 16 USC Section 470(0] by taking into account the effects of the
undertaking on historic properties and afforded the ACHP an opportunity to comment.
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SIGNATORIES:
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United Sta Is Coast Guard : o - r
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Date: IV Gc.0 '�0!:. r3:Ar r
P.J. Bro ' `"
R ear A. ► iral, USCG, Seventh Coast Guard District Y r = .. ;
Florida tate jag ric Preservation Officer
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.4 ,4 r Date: eViv fry
Ti o _. P arsons, Ph.D.
,il .&,t a R •.• ® ' i ion of Historical Resources and State Historic Preservation Officer ,,v,..
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„ ' "A s =� N MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
.'°„:: - . ` OF MONROE COUNTY, FLORIDA
By: G���..4 ‘4.....w.4., Ary,,4
Deputy Clerk • Mayor Rice
Date: G. r dx ( y,. 2- '' /
MONROE COUNTY ATTORNEY
APEllaVAD AS T Q F ,,ORM: 7,
Le e �P "-f rDr Riret,v)
CHRISTINE LIMBERT- BARROWS
ASSISTANT OUNTY ATTORNEY
DATE: 1 pi/ A
,
7
Exhibit A:
Area of Potential Effect for the 2017 CRAS Report
8
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