HomeMy WebLinkAboutR-11-0319City of Miami
Legislation
Resolution: R-11-0319
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00606 Final Action Date: 7/28/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCESS,
INDEMNIFICATION AND ACCEPTANCE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH BOUYGUES CIVIL WORKS FLORIDA, INC., GRANTING
TEMPORARY ACCESS RIGHTS TO THE VIRGINIA KEY LANDFILL SITE, FOR THE
DELIVERY OF DONATED TUNNEL FILL MATERIAL, TO BE USED FOR THE
NECESSARY REMEDIATION OF THE LANDFILL SITE, WITH APPROVED
LOCATIONS TO BE DETERMINED BY THE CITY OF MIAMI, SUBJECT TO SOIL
RE -USE APPROVALS FROM MIAMI-DADE COUNTY.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at Folio Number
01-4209-000-0010 Miami, Florida, known as Virginia Key Landfill ("Property"); and
WHEREAS, the attached Access, Indemnification and Acceptance Agreement ("Agreement")
grants access to Bouygues Civil Works Florida, Inc. ("Bouygues") for the purpose of performing
certain work relating to the acceptance of donated tunnel fill material; and
WHEREAS, the fill will be transported by Bouygues to the Property at its own cost; and
WHEREAS, the fill will be stockpiled in various locations within the Property, with locations,
heights and quantity to be determined by the City, in conjunction with the Planning Department,
amounts and grades of fill will be subject to the written approval of the CIP Director and must be in
compliance with the soil management plan to be agreed upon between the parties in writing and
signed within 90 days; and
WHEREAS, Bouygues will be responsible for satisfying all applicable environmental (DERM, etc.)
requirements and attaining all environmental approvals that may be required for the testing, transport,
drying and placement of the fill material in locations identified in the soil management plan to be
approved by the City and other applicable permitting agencies; and
WHEREAS, the Agreement results in no fiscal impact to the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an Agreement, with Bouygues, in
substantially the attached form, granting temporary access to the Property, for the delivery of donated
tunnel fill material, to be used for the necessary remediation of the landfill site, with approved
City of Miami
Page 1 of 2 File Id: 11-00606 (Version: 2) Printed On: 10/17/2017
File Number: 11-00606 Enactment Number: R-11-0319
locations to be determined by the City, subject to soil re -use approvals from Miami -Dade County.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 11-00606 (Version: 2) Printed On: 10/17/2017