HomeMy WebLinkAboutSubmittal-Memo-VA Key LandfillHannon, Todd
From: Gallastegui, Elvi
Sent: Wednesday, July 20, 2011 5:59 PM
To: Hannon, Todd
Subject: Fw: Substitution Memo-virgrnia key landfill
Attachments: July 28 - RE 5 - Substitution Va Key Landfill Cover Material.pdf
Importance: High
This communication may contain confidential and/or otherwise proprietary material and is thus for use only by the
intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from
all computers.
From: Westall, Lynn
To: Gort, Wifredo (Commissioner); Carollo, Frank (Commissioner); Sarnoff, Marc (Commissioner); Suarez, Francis
(Commissioner); Dunn II, Richard P. (Commissioner District 5)
Cc: Regalado, Tomas (Mayor); Martinez, Johnny; Bravo, Alice; Sosa, Albert; Gallastegui, Elvi; Llorente, Mike; Zacarias,
Chris; Jenkins, Jeffrey; Castaneda, Frank; Diaz, Placido; Alexander, Koteles
Sent: Wed Jul 20 16:52:42 2011
Subject: FW: Substitution Memo-virginia key landfill
Honorable City Commission — this e-mail serves to clarify that the attached substitution that was delivered to.your office
earlier today incorrectly listed the referenced Agenda item as RE.7 in the SUBJECT caption. The correct Agenda item
number is RE.5. The remaining title and subject matter is correct.
Please feel free to contact me or the Agenda Office at 305-250-5400, should you have any further questions.
Many thanks,
Lynn Westall
Senior Assistant to the City Manager
City of Miami
3500 Pan American Drive
Miami FL 33133
305-250-5407 (office)
305-250-5410 (fax)
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM .5 ,
From: Gallastegui, Elvi
Sent: Wednesday, July 20, 2011 4:36 PM
To: Westall, Lynn
Cc: Bravo, Alice; Jacks -Palomino, Charlene; Casseus, Edwin; Franco, Mayren; Sosa, Albert
Subject: FW: Substitution Memo-virginia key landfill
Importance: High
Lynn -
For clarification...this item is RE.5 —FILE ID 11-00606 on the final agenda —pg 17.
City Commission received the substituted documents...however we need to advise them of the correct number.
Let me know if you have any questions.
006.067-9ubk)-2;11.1- me.m,�_
Submitted Into the public
record in connectl n with
Rem onl2'tt
Priscilla A. Thompson
City Clerk
•
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and
Members of the City Commission
Johnny Martinez,
FROM : City Manager
DATE: July20,2011
FILE :
SUBJECT: Substitution for Item RE.7
Virginia Key Landfill Cover Material
REFERENCES:
ENCLOSURES:
Please be advised that the Resolution and Access Agreement related to item RE.7 scheduled for the
July 28, 2011 Commission Meeting needs to be revised and substituted as follows:
• Resolution:
...Title
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE AN ACCESS, INDEMNIFICATION AND ACCEPTANCE
AGREEMENT WITH BOUYGUES CIVIL WORKS FLORIDA, INC. ("BOUYGUES"), GRANTING
TEMPORARY ACCESS RIGHTS TO THE VIRGINIA KEY LANDFILL SITE ("PROPERTY") FOR
THE DELIVERY OF DONATED TUNNEL FILL MATERIAL, TO BE USED FOR THE NECESSARY
REMEDIATION OF THE LANDFILL SITE, WITH FINAL LOCATIONS, HEIGHTS AND QUANTITY
APPROVED LOCATIONS TO BE DETERMINED BY THE CITY OF MIAMI, SUBJECT TO SOIL RE-
USE APPROVALS FROM MIAMI-DADE COUNTY.
..Body
WHEREAS, the City of Miami ("City") is the owner of certain real property located at Folio
Number No. 01-4209-000-0010 Miami, Florida, known as Virginia Key Landfill ("Property"); and
WHEREAS, the agreement grants access to 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 final locations,
heights and quantity to be determined by the City, in conjunction with the Planning Department,
amounts and grades of fill will be sL�b ct to the written annroval of the CIP Director and m st be
in compliance with the soil management plan to be agreed uppn 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 tomporary and final Iocationc to bo
approv locations idQntifgd in the soil
management plan to be approved by the City and other applicable permitting agencies; and
WHEREAS, this agreement results in no fiscal impact to the City;
Submitted Into the publ
recorgl, in connection rthh
item E 5 on 7( III J
Priscilla A. Thompson
City Clerk
•
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 Access, Indemnification and
Acceptance Agreement, with Bouygues Civil Works Florida, Inc., in substantially the attached
form, granting temporary access to the Virginia Key Landfill property for the purpose of
performing certain work relating to the acceptance of donated tunnel fill material, with final
locations, heights and quantity to be approved Iocationstdetermined by the City, in conjunction
with the Planning Department.
• ACCESS , INDEMNIFICATION AND ACCEPTANCE AGREEMENT
This Access, Indemnification and Acceptance Agreement (the "Agreement') is made and
entered into this day of , 2011, by and between the City of Miami, a municipal
corporation of the State of Florida ("City" or "Owner") and Bouygues Civil Works Florida, Inc.
(the "Company"), a corporation organized under the laws of the State of Florida and qualified to
transact business in Florida and provides as follows:
WHEREAS, the Owner is the fee simple owner of certain real property located at Folio
Number# 01-4209-000-0010 Miami, Florida, known as Virginia Key Landfill, described in
Exhibit A, attached hereto and made a part hereof (the "Property"); and
WHEREAS, the Owner grants to the Company, its agents, representatives, employees
or contractors herein after collectively referred to as "the Company", permission to enter upon
the Property (as such term is defined below) for the purpose of performing certain work relating
to the acceptance of fill material, and movement of land related to stockpiling fill material in
various locations within the Property, subject to providing the Owner's Public Facilities Director
at 444 S.W. 2"d Avenue, Miami, Florida 33130 not less than twenty-four (24) hours advance
notice of when access is first required; and
WHEREAS, in conjunction with the Planning Department, the City will determine the
final locations, heights, and quantity of fill to be delivered by the Company to the Property, and
amounts and grades of fill will be subject to the written approval of the CAP Director and must be
in compliance with the soil management plan to be agreed upon between the parties in writina
and signed within 90 days;
WHEREAS, the Company is generously and graciously giving, devising and quitclaiming
to the City tunnel fill material ("fill"), which the Miami -Dade County Department of
Environmental Resources Management ("DERM") will have an opportunity to test prior to
delivery and determine that such fill is suitable for use by the City; and
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
and covenants herein set forth, the parties hereto agree as follows:
1. DUTIES OF THE COMPANY
1.1 The Company will perform the following scope of work on the Property:
(a) Donate, give, devise and quitclaim to the City fill material in final
locations and quantities to be approved by the City on the Property; and
•
•
(b) 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 temporary afid final locations identified in
the soil management plan to be approvedjy the City and other permitting authorities to —be
and
(c) Movement of land; and
(d) The Company will perform this Agreement in a commercially reasonable
manner following the best practices of its trade as exercised in South Florida.
(e) The Company will be responsible for gaining all necessary or applicable
permits (local, state, and federal) for the transport as well as the temporary and
permanent placement of this material at the Property. The Company is also responsible
for permitting, site preparation, construction, removal, and restoration of any facilities
(dock, pier, barge etc.) that may be required to deliver the material to its temporary or
final destination in the soil management plan as approved by the City and other
permitting authorities.
1.2 (a) Prior to the Company, its agents, employees, and contractors, or anyone
directly or indirectly employed by any of them entering upon the Property for purposes of
performing the work described above, the Company, shall obtain and maintain or cause to be
obtained and maintained throughout the Term of the Agreement, the types and amounts of
insurance coverages set forth in Exhibit B, the Certificate of Liability Insurance attached hereto
and incorporated therein by this reference in such reasonable amounts as approved by the
Owner's Risk Management Director protecting the City, its officers and employees, against all
claims for personal injury, property damage, and regulatory actions by governmental agencies
arising out of or related to the activities undertaken by the Company upon the Property and
naming the City as an additional insured.
(b) The insurance required hereunder shall be effective for the Term and any
extensions or renewals thereof. Owner's Risk Management Administrator shall review the
insurance requirements upon any extension or renewal of the Term and reserves the right to
make reasonable changes in the types and amounts of insurance coverages as necessary and
shall revise Exhibit "B" accordingly as necessary.
(c) The Company shall be responsible for assuring that the insurance
certificates required under this Agreement remain in full force and effect for the Term, including
any extensions hereof. If insurance certificates are scheduled to expire during the Term and
any extension thereof, the Company shall be responsible for submitting new or renewed
insurance certificates to the Owner's Risk Management Administrator at least ten (10) calendar
days before such expiration. In the event that expired certificates are not replaced, with new or
renewed certificates which cover the Term•and any extension thereof; the Owner shall suspend
this Agreement until such time as the new or renewed certificate(s) are received in acceptable
form by the Owner's Risk Management Administrator; and the Company shall not enter the
Property nor allow any of its employees, agents or contractors to enter the Property; or the
Owner may, at its sole discretion, terminate the Agreement.
Submitted Into the public)
recordin connection with
item 16E. 5 on 7 /2g l i
Priscilla A. Thompson
City Clerk
•
•
(d) Compliance with the foregoing insurance requirements shall not relieve
the Company of its liabilities and obligations under this Agreement.
1.3 The Company has requested and the Owner has agreed to grant access to the
Property to perform the work described in Section 1.1 above for a period of eighteen (18)
months from the date of notice by the Company (the "Term"). If additional time is required, the
Company shall notify the Owner at least three (3) days prior to the commencement of the work.
The Company will affirm and ensure that only material that meets DERM approval or any other
permitting agency having jurisdiction will be placed on site and it will be placed in a manner
approved by DERM or any other permitting agency having jurisdiction.
1.4 Specifically, any fill/ soil brought to the Property by the Company, as a minimum,
must meet DERM's Fill/ Soil Re -Use guidelines and requirements for Residential Fill/Soil oil
Virginia Key. All fill/ soil must be tested off site in accordance with the soil management plan as
approved by the City and other permitting authorities and the appropriate environmental
agencies must provide the City with the necessary clearances prior to the fill/ soil being
transported to the Property.
1.5 The Board of Directors of the Company shall approve corporate resolutions in
substantially the form attached hereto as Exhibit C.
2. RIGHT OF ACCESS
2.1 The Owner grants to the Company, temporary access rights, subject to the
conditions and limitations hereinafter contained, to the Property.
2.2 The Company shall indemnify, defend (excluding professional liability) and hold
harmless the Owner and Virginia Key Beach Park Trust, their respective officers, employees,
and servants from and against all claims, damages or losses resulting from contaminated
,polluted or unpermitted fill/soil or other material brought on the Property by the Company or any
statutory, strict liability or civil action related thereto, bodily injury, including death to anyone
injured on the Property and property damage to or at the described premises as a result of the
negligence, action or omissions of the Company, its employees, sub -contractors, or consultants
performing the work or activities on its behalf or even if it is alleged that the City, its officials
and/or employees were negligent, unless such injuries or damages are ultimately proven to be
the result of grossly negligent or willful acts or omissions on the part of the City, its officials
and/or employees. The Company shall insure that adequate safety precautions are in effect at
all times during the term of the Agreement. This required indemnification and hold harmless
shall survive the revocation or expiration of the Agreement..
2.3 .This Section shall survive the cancellation or expiration of the Agreement. This
Section shall be interpreted to comply with § 725.06, Fla. Stat. if such Statute is deemed
applicable by a court of competent jurisdiction. Ten ($10.00) dollars is given to the company as
specific and independent consideration for the granting of this indemnity.
Submitted Into the public'
recordn 792g"`iitl
item RE 5 on
Priscilla A. Thompson
City Clerk
•
•
2.4 The Company shall list the City of Miami and Virginia Key Beach Park Trust as
an additional insured on its general liability, auto and excess liability policies, and shall require
all sub -contractors, if any, to carry equal limits of coverage, including applicable coverage
endorsements, as may be applicable in connection to the scope of services being performed.
2.5 The Company hereby voluntarily and knowingly waives any and all claims
against the Owner for personal injury or property damage sustained by the Company, its
agents, employees, contractors, sub -contractors or consultants arising out of or related to the
activities undertaken by the Company, its agents, employees, contractors, sub -contractors, or
consultants upon the Property or in connection with the work and releases the Owner for any
claims in connection therewith. The Company, its agents, representatives or contractors cannot
under Florida law place any type of lien or encumbrance on the Property.
2.6 The Company agrees that in the event of damage to the Property caused by the
Company outside the general work area, the Company will restore the Property to the same or
better condition than it was before the work was conducted.
2.6 Notwithstanding any other term or provision herein it is expressly understood and
agreed by the Company that the Owner is not responsible, liable, or otherwise answerable to pay
any fee, cost, expense, reimbursement or other monetary compensation to the Company, its
agents, representatives, employees or contractors for their work or their services under this
Agreement.
2.7 The term of this Agreement shall be for eighteen (18) months from the date of
execution of this Agreement or until formal acceptance of the work by the Owner, whichever
occurs first. The Owner may for cause grant a written thirty (30) day extension for completion of
the work. § 2.2, § 2.4, § 2.5 and § 2.6 shall survive the expiration or cancellation of this
Agreement.
2.8 The City hereby gratefully accepts the grant, devise, and gift from the Company
of tunnel fill material ("fill"). The fill will be transported by the Company to the Property at its own
cost and expense. The City will not pay a cost, fee, or other imposition, levy, or assessment for
such fill or any of the work associated with its transport and placement at the Property. DERM
and any other environmental agencies with jurisdiction will be afforded the occasion and
opportunity to test the fill prior to delivery. If DERM disapproves of the fill the company will either
provide alternative fill to the City to satisfy this section or tho any portion of the fill, the City may
will elect to accept a lesser amount of material. The Company will execute a bill of sale absolute
or bill of lading or similar document it customarily employs when conveying and transporting fill.
2.9 The Company may use staging area A as depicted in Exhibit D per the following
requirements:
(a) The service road around the Water and Sewer facility may not be blocked
or interrupted
(b) Area A may be used for temporary staging of fill material prior to
placement in final location.
(c) The Company shall bare all costs associated with placement and
movement of fill and of restoration activities as outlined above.
Submitted Into the pubtic
record� 5 onconnection ��2�°I
Item
Priscilla A. Thoir:pso
--.�. _ City Clerk
•
The Owner grants permission to the Company to park its equipment in the Property
during the Term.
The undersigned hereby acknowledges that he/she has requested permission to perform
certain work relating to the providing of fill material on City owned property located at,
Miami, Florida.
Dated and executed by the Company this day of
2011.
WITNESS:
By:
By:
Attest:
•
Corporate Secretary
Affix Corporate Seal
Bouygues Civil Works Florida Inc.,
By:
Name:
Title: President
The words that have been double underlined reflect the additions and those that have been
struck through reflect the deletions.
C: Alice N. Bravo, P.E., Assistant City Manager/Chief of Infrastructure
Albert Sosa, P.E., Director, CIP
Elvi Gallastegui, Agenda Coordinator
•
ubmitted into the publis
recoviEnSan an1 I Ict'7 128`h
item
priscaiia A. Thompson
--. . City Clerk