For more information, contact us via email at
miamiriver@bellsouth.net

MIAMI RIVER COMMISSION 
c/o Robert King High
1407 NW 7 St.,  Suite D
Miami, FL 33125  
  Phone 305-644-0544
Fax 305-642-1136

The Miami River Commission's (MRC) Dredging Working Group met on Wednesday, October 17, 2007 , 10 AM , at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6 th Floor, United Way Executive Conference Room, 2121 SW 3 rd Avenue. Mr. Brett Bibeau, MRC Managing Director, noted MRC staff has revised and distributed the September 19, 2007 DSC meeting minutes-per the request of Mr. Rene Perez-as followed: “Mr. Bibeau requested a status of the dredging contractor's submitted claim. Mr. Perez noted the ACOE contracting officer had responded the dredging contractor and found no merit to the claim” (page 4). Mr. Bibeau noted he had recently met with Ms. Marina Blanco -Pape, Miami-Dade Department of Environmental Resources Management (DERM), whom had notified him the correct spelling of Dorian's last name is “Valdes”. The Dredging Subcommittee reviewed and approved the revised September 19, 2007 meeting minutes. Mr. Eric Buermann chaired the meeting and the attendance sheet is enclosed.

I & II. Status of Miami River Federal Navigable Channel Maintenance Dredging Project & Funding and Status of “Bank to Bank” Maintenance Dredging Project & Funding –Mr. Rene Perez, Army Corps of Engineers (ACOE) project manager for the Miami River maintenance dredging project, stated he was unsure when conference would be held regarding their Fiscal Year (FY) 2008 budget. Mr. Perez noted the President's FY '08 recommended budget submitted to Congress includes a $4.5 million line item for the project, while the Senate's Energy and Water Bill contains $7.5 million line item. Therefore, if Congress passes an Energy and Water Bill it would include between $4.5 -$7.5 million for the project. Mr. Perez added that since the Miami River maintenance dredging project received a $3.5 million appropriation in FY '07, it would therefore receive a $3.5 - $4.5 million appropriation in the scenario of a FY '08 year long CR.

Mr. Eric Buermann , Chair of the MRC Dredging Subcommittee, noted that after recently meeting with Mr. George Duncan from the Office of Assistant Secretary of the Army (ASA) Woodley, and obtained a better understanding of the current magnitude of the federal funding backlogs due to federal funding shortfalls on a National basis. Therefore Chairman Buermann restated the MRC's recommendation for the local cost share partners to secure the remaining $6 - $10 million federal funding shortfall in their respective FY '08 budget cycles in order to complete the project within the current 5 year contract and price. Mr. Buermann thanked the South Florida Water Management District (SFWMD) and Miami-Dade County for their ongoing efforts. Mr. Buermann stated the SFWMD recently appropriated $3 million towards the federal funding shortfall (non-required contributed funds), and a $3 million bridge loan is the Florida Inland Navigational District (FIND) awards a $3 million grant application, in FY '08. Chairman Buermann reminded the DSC that since the current contract requires all acceptance sections to be awarded by the last day of FY '08, September 30, 2008, the ACOE would actually need to receive the remaining funding to award the final sections by the end of July, 2008 to provide the 60 days Mr. Perez indicated the ACOE needs from receipt of the funding to award additional acceptance sections.

Chair Buermann stated he had been provided a copy of a letter from Ms. Betty Burton, ACOE Contracting Officer, denying the Weston/Bean Joint Venture request for a 120 day extension to remobilize. In the October 15, 2007 letter, Ms. Burton writes, “the Government may elect to pursue adverse contractual action against Weston-Bean, including but not limited to our terminating for default your right to proceed with the work for AS 7 & 8. Before a final decision is made, however, I have arranged to meet with you on October 18, 2007 to discuss the matter. At this meeting you will be provided an opportunity orally and in writing to provide any additional information you may wish to present on the subject. To ensure there is no misunderstanding, the Government expects that Weston-Bean will provide a schedule at the meeting which will outline how Bean intends to prosecute the work ordered at no additional cost to the government, if your right to proceed is not terminated.”

Chair Buermann reasoned that considering the history of this long-awaited project, not completing the project under the current contract may leave the 40% project incomplete, or the least create significant additional delays, therefore the MRC prefers that the project is completed before the current contract's April 2009 deadline. Mr. Perez noted he could not comment on the situation, as he had not been informed of the ACOE's recent decision. Mr. Buermann provided Mr. Perez a copy of the letter.

Mr. Dorian Valdes, Miami-Dade Department of Environmental Resources Management (DERM), noted the county is collecting $11.4 million of the previous appropriations from the different local cost share partners, which will be provided to the ACOE by January, 2008. Mr. Valdes explained before the County requests the remaining previously appropriated balance from the locals cost share partners, they intend to conduct a survey In October of the “bank to bank” portion only with the ACOE and contractors to determine any areas in the current contract which for various reasons may not be dredged, therefore that saved funding would be transferred for use towards the federal funding shortfall. Mr. Valdes added that DERM is seeking $10 million from the State of Florida during their 2008 legislative session. Mr. Evan Skornick , South Florida Water Management District, noted an amendment to the agreement with Miami-Dade County will be considered by the SFWMD Governing Board in December 2007, in order to provide the additional SFWMD recently appropriated $3 million for the federal funding shortfall of the Miami River maintenance dredging project.

Mr. Bibeau distributed copies of the revised “Miami River Maintenance Dredging Project's Funding as of October 15, 2007 (w/ USACE 15% Overhead),” and reviewed the following items:

• Federal : “Additional $4.5 million in hurricane supplemental bill will be made available throughout the remaining acceptance sections, so if evenly divided between the nine remaining acceptance sections, it would be $500,000 per section from this approved $4.5 million for the project. Ms Blanco-Pape, DERM, indicated the ACOE reported using $1.8 million from the $4.5 million Hurricane Supplemental towards AS 7 & 8 (which would leave $2.7 million available from this Hurricane Supplemental appropriation). Mr. Bibeau asked is Mr. Perez confirmed this calculation is based on excluding the $4.5 million hurricane supplemental.
• Federal : “Ms Blanco-Pape, DERM, reported the ACOE had indicated net Federal Appropriations at $33.2 million (excluding the Hurricane Supplemental $4.5 million), therefore the ACOE utilized $1.45 million of the appropriated funding for “Savings & Slippage” which is collected by the ACOE above the contract price.” Mr. Perez agreed to verify if the calculation and net are based on excluding the $4.5 million hurricane supplemental.
• Federal : “Ms Blanco-Pape, DERM, reported the ACOE has indicated there is currently an available $1.6 million federal cost share towards awarding/dredging AS 9.” Mr. Perez agreed to verify if the calculation and net are based on excluding the $4.5 million hurricane supplemental. Mr. Perez noted the ACOE has not received any Federal FY '08 money yet.
• State : FY 2004/2005 state cost share=$600,000 (bank-to-bank) not included in two FDEP/DERM contracts. Mr. Skornick explained that appropriation was part of a $10 million line item in the state's budget for flood mitigation in Miami-Dade County , the related contract was between the FDEP & SFWMD, whom passed it through to the County via an Agreement, and the funding has been used for the project.
• State : Available State Cost Share=$13.34 million “(Ms Blanco-Pape, DERM, reported there are two FDEP/DERM contracts for all previously appropriated ST funding, LP6059 with executed amendment #1 for $12 million and WAP041 for $6.5 million.)”
• State : “FDEP payments of $2.7 million and $5.4 million expected to County by 12/31/07 , transfer to ACOE by 1/31/08 , which allows ACOE to award acceptance sections by 4/1/08 .”
• FIND : Total Cost Share = $7.58 million (FY '04 - FY '07 consists of $4.08 million in the channel and $2.6 million outside of the channel)
• FIND : FY '01 agreement=$600,000 (Ms Blanco-Pape, DERM, provided). Mr. Skornick confirmed this agreement is with the County and FIND
• FIND : FY '02 agreement=$300,000 (Ms Blanco-Pape, DERM, provided). Mr. Skornick confirmed this agreement is with the County and FIND
• FIND : FY '04 $680,000 contract is between County and FIND
• FIND : “Ms Blanco-Pape, DERM, stated the county is expecting to receive a $2.1 million FIND payment by 12/31/07 , which the county will transfer to the ACOE by 1/31/08 , which allows the ACOE to award additional acceptance sections no later than April 1, 2008 .”
• FIND : “County will invoice remaining FIND cost share after completing a cubic yard survey of the bank to bank area located outside of the Federal navigable channel in November 2007, and finishing re-analysis by January 2008 (provided by Ms. Blanco-Pape, DERM).”
• Available Miami-Dade County Cost Share= “$1.27 million of which $535,000 payment to ACOE by 1/31/08 , which allows ACOE to award additional acceptance sections no later than April 1, 2008 . County will provide their remaining cost share after completing a cubic yard survey of the bank to bank area located outside of the Federal Navigable channel in November 2007 and finishing re-analysis by January 2008 (provided by Ms. Blanco-Pape, DERM).”
• Available City of Miami Cost Share = “$1,010,506 million of which county is submitting $532,000 invoice which they expect to receive by 12/31/07 , transfer to ACOE by 1/31/08 . County will invoice remaining City cost share after completing a cubic yard survey of the bank to bank area located outside of the Federal navigable channel in November 2007, and finishing re-analysis by January 2008 (provided by Ms. Blanco-Pape, DERM).”
• South Florida Water Management District total cost share= $3,000,000 (towards the federal funding or “non-required contributed funds). Mr. Skornick noted the additional $3 million SFWMD bridge loan would only be made available after hopefully receiving notification of a FIND grant award in June 2008. Mr. Bibeau thanked the SFWMD for applying for a $3 million FIND grant in April 2008.

Mr. Bibeau distributed and reviewed a document entitled, “Dredging Funds Spent and Appropriated (based on DERM Matrix Quantities) - 10/17/07,” as well as copies of the DERM Matrix of “Miami River Dredging Project-Cost Sharing Projections 2006.” Mr. Bibeau noted the first distributed document indicates an estimated previously appropriated and unexpended $35 million for the Miami River maintenance dredging project. Mr. Perez stated he would provide the additional amounts the ACOE used for savings and slippage and the economic analysis.

Mr. Bibeau distributed copies of a letter from MRC Chair Eric Buermann to the Honorable Governor Charles Crist, supporting Miami-Dade County 's request for $10 million in the State FY '08 budget submittal to complete the Miami River Maintenance Dredging project. Mr. Buermann suggested the County take appropriate actions towards securing their requested funding in The Governor's recommended FY '08 budget submittal, which if included would be helpful when the Legislature commences its deliberations during the 2008 legislative session.

Mr. Bibeau distributed copies of the “Miami River Maintenance Dredging completion estimated timeline as of October 17, 2007 , subject to change, based on an estimate of 1,900 cubic yards per day, prepared by the Miami River Commission's Dredging Subcommittee” and cited the following items:

• January 24, 2008 : Dredging recommences-ACOE contractors have stated it will take them 100 days from setting remobilization into action for dredging to recommence in the Miami River
• April 1, 2008 : ACOE awards AS 9 & 10 using $8.1 million from the State, $2.1 million from FIND, $532,000 from the City, and $535,000 from the County, which the County estimates to receive before 12/31/07 , transfer to the ACOE before January 31, 2008
• July 31, 2008 : ACOE deadline to receive all funding to award final acceptance sections by September 30, 2008 , as required by the current 5-year contract.
• Mr. Bibeau noted a critical juncture in the estimated timeline is for the previously mentioned “bank-to-bank” survey to take place ASAP, because the County will only be able to issue accurate invoices for the final remaining portions of the unexpended and previously appropriated local cost shares after the survey is completed.

Mr. Bibeau distributed copies of the “Miami River Maintenance Dredging estimated timeline (subject to available funding) as of October 17, 2007, subject to change, based on the Dredging Contractor's estimate of 1,900 cubic yards per day” and copies of the “Miami River Maintenance Dredging estimated timeline (subject to available funding) as of October 17, 2007, subject to change, based on 1,234 cubic yards per day” (average production while dredging AS 4-6).

Mr. Bibeau asked what would happen if the dredging contractors are still dredging acceptance sections awarded before the contract's required September 30, 2008 deadline, when the contract expires in April 2009. Mr. Perez replied dredging must be concluded before the end of the contract, yet the current April 2009 contract termination will be reviewed to determine if additional extended time is justified.

III. Update River Utility Crossings - Mr. Perez noted the ACOE had scheduled a meeting with FDOT today to discuss timelines, in relation to the removal of the remaining portion of the NW 5 ST Bridge, which is located within acceptance section 11.

IV. Status of Removal of NW 5 th Street Bridge Prior to Dredging within that Acceptance Section – Ms. Tish Burgher, the Florida Department of Transportation/QCA, reported that the 6 pilings of the NW 5 th Street Bridge are 6 inches too high, and will be removed prior to the dredgers' arrival in the area. Ms. Burgher noted FDOT had selected a contractor, Kewitt, to remove the remaining pilings before constructing the new 5 th Street bridge. Ms. Burgher noted the contractor has been given a one-year procurement timeframe to obtain all necessary materials for the project, and noted the contractor can commence the construction of the new bridge as early as December 2008. Chair Buermann suggested with the contractor remove the 6 pilings before the dredging arrives, and Ms. Burgher noted FDOT remains in discussions with the ACOE and the Coast Guard to review different cost-effective methods. Ms. Burgher distributed an update regarding the progress on the FDOT's NW 12 Ave Bridge replacement project.

V. New Business – The following items were addressed/discussed:

• Mr. Bibeau thanked the SFWMD for hosting today's meeting
• On behalf of the River Run Yacht Club, Mr. Richard Ashenoff asked what measures the club's yacht owners needed to take in preparation for the dredgers' arrival. Mr. Ashenoff explained that insurance companies require that yachts be located at least 6.5 miles inland to be covered during natural disasters (i.e. hurricanes). Mr. Perez noted that the dredging contractor is required to provide sufficient notice (between 2 weeks to one month prior) to boat owners whom may need to temporarily relocate their vessels. Mr. Perez asked where River Run Yacht Club is located, and Mr. Ashenoff replied west of the NW 17 th Avenue Bridge, on the river's north shore. Mr. Perez noted that dredging of the federal navigable channel would be performed in the subject area and bank-to-bank dredging would not be required. Mr. Bibeau noted that the subject area is located within Acceptance Section 8, and if dredging were to recommence in January 2008, the estimated time of the dredgers' arrival in that particular Acceptance Section would be March 2008.
• Mr. Perez asked for the status of the collapsed seawall at the Miami Circle . Mr. Bibeau reported a Coast Guard e-mail stated the Department of State must remove the remains of the collapsed seawall from within the federal navigable channel either before dredging commences in the area or a new seawall is constructed, whichever comes first. Mr. Bibeau noted the Department of State (DOS) has yet to apply to the $1.5 million FIND grant to repair the seawall, partially because they do not have the $750,000 match, therefore he is concerned that DOS will be unable to remove the remains of the collapsed seawall from the federal navigable before the dredging arrives and the ACOE contractors will not be able to dredge the mouth of the Miami River. Chair Buermann suggested that the ACOE send a letter to DOS requiring them to remove the collapsed seawall. Lt. Burgess agreed to send a letter to DOS on behalf of the Coast Guard.
• Mr. Perez asked for an update regarding the USCG and/or local marine patrol's assistance in the dredging project's necessary temporary relocation of some boats located along the Miami River . Lt. Burgess noted Mr. Ancil Taylor, ACOE, had recently contacted him to express his concern over the issue. Lt. Burgess noted the Coast Guard would continue to assist the ACOE and local law enforcement to enforce the necessary temporary relocation of vessels as needed for the dredging project. Lt. Burgess added that Mr. Taylor had agreed to forward him a list of private vessels which will need to be temporarily relocated.

The Dredging subcommittee noted their regularly scheduled third Monday of the month meeting would land the day before Thanksgiving in November, therefore scheduled the next meeting for Monday, November 19, 2007 , 10 am , at the South Florida Water Management District Miami-Dade Regional Office, Conference Room, 6 th Floor, 2121 SW 3 rd Avenue .

The meeting adjourned.

  HOME        CALENDARS       ABOUT THE RIVER          ABOUT THE COMMISSION         DREDGING      GREENWAYS   
URBAN INFILL PLANS           STORMWATER RETROFITTING            MINUTES OF MEETINGS      LINKS