The Florida Department of Transportation (“FDOT”), as owner of Interstate 395/State Road 836 (“I-395”), is currently undertaking the “Signature Bridge Project”. This includes construction of the I-395 Signature Bridge, highway capacity modifications to improve mobility and safety in the surrounding area, and a significant public open space with community enhancements below I-395, which is currently referred to as The Underdeck.
FDOT awarded the Signature Bridge Project on April 22, 2018, to Archer Western-deMoya Joint Venture (“CJV”) under a lump sum contract of $802 Million. FDOT approached the City in 2019 to establish a partnership whereby the City of Miami (“City”) would assist in the design of the Underdeck and thereafter operate and maintain the Underdeck under a master lease agreement.
In furtherance of this proposed collaboration, FDOT and the City entered into a Memorandum of Understanding dated April 4, 2019, Second Memorandum of Understanding dated August 14, 2020 (“MOU 2”, R-20-0147), First Amendment to MOU 2 of September 23, 2021 (R-21-0386), and Second Amendment to MOU 2 dated July 1, 2022. The Parties subsequently entered into that certain Third Memorandum of Understanding, dated October 20, 2023 (“MOU 3”), which collectively set forth the parties’ expectations as to their respective roles and responsibilities regarding the design, maintenance, and operation of The Underdeck.
The CJV submitted to FDOT a design for The Underdeck as part of their original proposal (“Original Design”). The City Commission at its April 14, 2019 meeting directed the administration to collaborate with community stakeholders to review the FDOT design and make recommendations as appropriate, including future operation and maintenance concepts. The collaboration proposed various enhancements to the Original Design, which was presented to the City Commission through Resolution No. R-20-0147 on May 14, 2020 (“Basis of Design”). Between late 2021 and early 2022, the City, FDOT, and the CJV collaboratively refined Basis of Design to establish an consensus design package on February 28, 2022 (“Consensus Plan”).