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Home My WebLink AboutR-95-0548rr RESOLUTION NO. 1�4 5 48 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY OF MIAMI'S PARTICIPATION IN A COOPERATIVE PROJECT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE - DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT FOR THE DISPOSAL OF SURPLUS FILL MATERIAL FROM THE BILL BAGGS/CAPE FLORIDA STATE PARK ONTO DESIGNATED AREAS OF CITY PROPERTY ON VIRGINIA KEY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. WHEREAS, as an integral part of the post hurricane restoration of the Bill Baggs/ Cape Florida State Park, the State of Florida, Department of Environmental Protection (hereinafter "DEP") has planned to create approximately 100 acres of wetland areas within the confines of said State Park; and WHEREAS, in so doing, it is anticipated that as much as 500,000 cubic yards of earth and fill material (hereinafter "Fill") will be excavated from said State Park, which will further require removal and disposal at an appropriate upland site, at considerable cost to the State (in excess of $2,000,000) if the disposal site is distantly located; and WHEREAS, DEP has enlisted the services of Metropolitan Dade County's Department of Environmental Resources Management ("DERM") project manager for the wetland project; and ATTACHMENT(S) CONTAINED CITY COMMISSION MEETING OF J U L 1 3 1n� Resolution No. 95— 548 WHEREAS, at the same time, the City of Miami had long ago determined the need for beach renourishment at its recreational swimming beach on Virginia Key, located approximately six (6) miles from the State park, and has repeatedly sought the State's financial and technical assistance in fulfilling this requirement; and WHEREAS, as a proposed cooperative project between the City, DEP and DERM, the City would permit DEP, through its contractors, to prepare and approve all necessary permits and designs, and subsequently to test, segregate, transfer (haul) and dispose of the Fill on City land on Virginia Key, with the requirement that suitable beach quality material be placed on the City's beach as a renourishment project and the balance to be placed in the general spoil disposal site at the north end; and WHEREAS, it is recommended that the City's participation in the cooperative project be authorized as this effort should achieve the most advantageous resolution to the outstanding needs of both government agencies at the least possible cost; and WHEREAS, the attachment to this Resolution contains the general terms of an agreement which may be entered into between the City and DEP for said project, if authorized; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 2 95 - 548 Section 1. The City of Miami is hereby authorized to participate in a cooperative project with the State of Florida Department of Environmental Protection and the Dade County Department of Environmental Resources Management for the disposal of surplus fill material from the Bill Baggs/Cape Florida State Park onto designated areas of City property on Virginia Key. Section 2. The City Manager is hereby authorized to execute all necessary documents in a form acceptable to the City Attorney and subject to compliance with all applicable City Charter and Code provision. Section 3. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13thday of July , 1995. Stephen P. Clark, Mayor PREPARED AND APPROVED BY: RAFAEZ 0. DIAZ DEPUTY CITY ATTORNEY 3 1110 {, PROPOSAL FOR COOPERATIVE DISPOSITION OF SPOIL MATERIAL FROM BILL BAGGS/CAPE FLORIDA STATE PARK PROJECT ]DESCRIPTION This cooperative project (hereinafter "Project") shall provide for the appropriate and. mutually beneficial disposal of surplus fill material, up to 500,000 cubic yards, which is to be excavated from the Bill Baggs/Cape Florida State Park (hereinafter "State Park") and placed onto specified areas of City of Miami owned property on Virginia Key. Suitable beach quality material shall be placed onto the City's public swimming beach as a renourishment effort in accordance with approved permits and engineering designs, and the balance of fill material shall be placed the City's designated "spoil disposal site". PURPOSE As an integral part of the post hurricane restoration of the Bill Baggs/Cape Florida State Park, the State of Florida, Department of Environmental Protection (hereinafter "DEP") has planned to create approximately 100 acres of wetland areas within the confines of said State Park. In so doing, it is anticipated that as much as 500,000 cubic yards of earth and fill material (hereinafter "Fill") will be excavated from said areas, which will further require removal and disposal at an appropriate upland site, at considerable cost if the disposal site is distantly located. At the same time, the City of Miami (hereinafter "City") has long ago determined the need for beach renourishment at its recreational swimming beach on Virginia Key, located approximately six (6) miles from the State park, and has repeatedly sought the State's financial and technical assistance in fulfilling this requirement. This cooperative project calls for DEP to dispose of the Fill on City land on Virginia Key, with suitable materialbeing utilized to renourish the City's beach. This effort should achieve the most advantageous resolution to the outstanding needs of both government agencies at the least possible cost. STATE'S RESPONSIBILITIES The below listed scope of work shall be undertaken at DEP's sole cost and expense, and at no charge to the City. 1. TESTING DEP or its duly authorized representative shall be responsible to conduct subsurface and geotechnical tests and investigations of excavated Fill prior to removal from State Park, and shall subsequently identify and segregate 95 suitable beach quality material for placement on the City's beach. Any contaminated material shall additionally be identified and segregated and shall not be accepted by City. 2. DESIGN AND PERMITTING DEP or its duly authorized representative shall prepare or arrange for the preparation of all required permit documents and engineered drawings for the Project, particularly those as may be required for the renourishment of the City's beach. DEP shall additionally facilitate the processing and approval of such permit(s) to every extent possible. 3. REMOVAL, TRANSFER AND DISPOSAL DEP or its duly authorized representative shall contract for and supervise the segregation of Fill into beach quality and non -contaminated material, and the removal, hauling and disposal of Fill from the State Park to the designated City facilities. Beach quality material is to be placed onto the City's recreational swimming beach in a manner consistent with the approved permits. The balance of acceptable material shall be placed as directed by City at its general spoil disposal site on the north end of Virginia Key. 4. NOTICE TO CITY DEP shall notify City in writing as to the schedule of all activities relating to the Project and shall not assign or delegate any of its responsibilities without first notifying City. CITY'S RESPONSIBILITIES 1. BITE PREPARATION City shall, at its sole cost and expense, arrange to have both the general spoil disposal site and the beach areas on Virginia Key prepared, as reasonably directed by DEP, for the placement of Fill 2. ACCESS TO SITES City shall provide DEP, or its duly authorized representative, access to the City's spoil disposal site and the beach on Virginia Key for placement of Fill and activities required therefor. 3. ACCEPTANCE/DISPOSITION City shall accept uncontaminated Fill, in amounts not to exceed 500,000 cubic yards, from DEP. Beach quality material shall be utilized for the renourishment of the City's beach. Fill placed at the spoil disposal site shall become the property of the City upon the conclusion of the Project. 95- 548 MUTUAL. INDEMNIFICATION The City and DEP shall mutually indemnify each other, their officers, agents and employees, to the extent permitted by Florida Statutes. INSURANCR Private third parties hired by either DEP or the City for the performance of the Project shall be required to provide liability insurance in a form acceptable to the City, with the City and DEP named as additional insureds. ,1«01PVJIp',I- CITY OF MIAMI, FLORIDA a INTER -OFFICE MEMORANDUM To ; Honorable Mayor and Members of the City Commission <FROM City C� DATE : .JUI1 L 9) 1905 FILE SUBJECT : Resoliitibn to Authorize Placement of Fill on Virginia Key by Florida Dept. of Environmental Protection REFERENCES: ENCLOSUREResolutlon and Attachment RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City's participation in a cooperative project with the Florida Department of Environmental Protection and the Dade County Department of Environmental Resources Management for the disposal of surplus fill material from the Bill Baggs/Cape Florida State Park onto designated areas of City property on Virginia Key, as a means, in part, to renourish the City's beach. The legislation would further authorize the City Manager to execute all necessary documents, in a form acceptable to the City Attorney, for said project. BACKGROUND This legislation has been prepared by the Department of Development, upon consultation with the Office of Asset Management and Capital Projects and with the Parks and Recreation Department. The City has been approached by Dade County Department of Environmental Resources Management (DERM), as project manager for a State project to recreate wetlands on Bill Baggs/Cape Florida State Park (State Park"), for authorization to place up to 500,000 cubic yards of fill from the State Park onto Virginia Key. It is estimated that removal and disposal of this Fill at an appropriate upland site, if the disposal site is distantly located from the project, would be at considerable cost to the State, in excess of $2,000,000. The City had long ago identified the need for beach renourishment at its recreational swimming beach on Virginia Key, located approximately six (6) miles from the State park, and has repeatedly sought the State's financial and technical assistance in fulfilling this requirement. In an effort to achieve the most advantageous resolution to the outstanding needs of both government agencies at the least possible cost, this cooperative project is recommended: the City would permit DEP, through its contractors, to prepare and approve all necessary permits and designs, and subsequently to test, segregate, transfer (haul) and dispose of the Fill on City land on Virginia Key, with the requirement that suitable beach quality material be placed on the City's beach as a renourishment project and the balance be placed in the general spoil disposal site at the north end. This project has been initially approved by the State and DERM officials, and the attachment to the Resolution outlines the general terms of an agreement with the 95P 548