97-22440 RESO
RESOLUTION NUMBER 97-22440
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A
CHANGE ORDER INCREASE IN THE AMOUNT OF $32,883 TO METCALF
& EDDY UNDER STANDING ORDER # 0007601000 TO PROVIDE FOR
THE COMPLETION OF THE CONTAMINATION ASSESSMENT AND
DEVELOPMENT OF A REMEDIAL ACTION PLAN FOR THE BA YSHORE
GOLF COURSE MAINTENANCE FACILITY, AND APPROPRIATING THE
FUNDS FROM REALLOCATED BOND FUND 351 INTO WORK ORDER
#2066 TO FUND THE WORK.
WHEREAS, it has been determined that hazardous waste contamination exist:; c t
the Bayshore Golf Course maintenance facility; and
WHEREAS, the City engaged the environmental engineering firm of Metcalf & Ejd ,f
to begin the assessment of the extent of the contamination on the golf course; and
WHEREAS, Metcalf & Eddy has successfully completed the scope of work includej
in their Professional Services Agreement with the City; and
WHEREAS, the data obtained during this initial phase of work did substantiall,f
delineate the extent of the contamination at the facility, the entire extent of th.~
contamination has not yet been delineated; and
WHEREAS, the City is now required to prepare a Contamination Assessment Pial
for submission to the Dade County Department of Environmental Resources Managerr1er t
(DERM) describing the steps that will be taken to complete the assessment of th$ exl er t
of contamination; and
WHEREAS, after the DERM has approved the Assessment Plan, the City wil b,,~
required to implement the plan by installing the prescribed number of monitoring WE!II~,
advancing soil borings, collecting & analyzing the corresponding samples and cdmpiiWI
the results into a Contamination Assessment Report for submission to the DERM; and
WHEREAS, once the extent of the contamination has been delineated, the Cit l
must then have a Remedial Action Plan prepared which describes the steps that will b'l~
taken to remediate the contamination; and
WHEREAS, it is in the best interest of the City to allow the existing contractor tl)
complete the required work at the site through the development of the Remedial Action
Plan, to ensure the consistency and defensibility of the work product; and
WHEREAS, funding in the amount of $32,883 is available in Reallocated Bond Funj
351.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITl
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the issuance of .:1
Change Order Increase in the amount of $32,883, to Metcalf & Eddy, under Standing OI'dE r
#0007601000, to provide for the completion of the Contamination Assessment:1nj
development of a Remedial Action Plan for the Bayshore Golf Course Maintenance faclli~',
and the appropriation of the funds from Reallocated Bond Fund 351 into Work Order #2D65
to fund the work, is approved.
Passed and Adopted this 2nd day of July, 1997.
''-t",~
ATTEST:
~ (J Lu-J-- P Cv-~
CITY CLERK
APPROVED AS to
FORM & lANGU~E
& FOR EXECUn<pN
,1f!~ lbi~1
City Attorney . I)G'.
CITY OF MIAMI BEACH
m
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
l_j
COMMISSION MEMORANDUM NO. ~ 5 - q /
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: July 2, 1997
FROM:
Jose Garcia-Pedros
City Manager
SUBJECT:
A RESOLUTIO A THORIZING THE ISSUANCE OF A CHANGE OnDER
INCREASE IN HE AMOUNT OF $32,883 TO METCALF & EDDY UNDER
STANDING ORDER # 0007601000 TO PROVIDE FOR THE COMPLETION OF THE
CONT AMINA TION ASSESSMENT AND DEVELOPMENT OF A REIVIE DIAL
ACTION PLAN FOR THE BA YSHORE GOLF COURSE MAINTE N, I~NCE
FACILITY.
ADMINISTRATION RECOMMENDATION
Approve the resolution.
FUNDING
Funding is available in Reallocated Bond Fund 351.
BACKGROUND
Through the performance of a routine compliance inspection by the Dade County Department of Envir on nental
Resources Management (DERM) in 1991, evidence of industrial and agricultural waste contaminatilifi was
discovered at the Bayshore Golf Course maintenance yard. Following the discovery of the contaminltim, the
DERM issued a Notice of Violation and Orders for Corrective Action to representatives of Amerca 1 Golf
Corporation, which operated the course under contract to the City.
American Golf failed to respond appropriately to the DERM's violation notice. From 1991 until Fel mary,
1995, the DERM repeatedly ordered American Golf to institute the appropriate corrective actions. B:cause
of American Golfs continued failure to properly respond, the DERM initiated enforcement actiom, The
DERM's enforcement actions included the issuance of a Final Notice Prior to Court Action directly to the
property owner, the City. Upon learning of the situation, the City immediately conducted an investigltion into
the actions of American Golf, implemented emergency actions to remove large quantities of improperly stored
hazardous agricultural wastes from the site, and hired an environmental contractor to implement the re:J.uired
corrective actions.
The assessment of the extent of the contamination at the Bayshore Golf Course is underway. A seIie~ of
subsurface investigations that were carried out at the site over the course of last year culminated in tht.
AGENDA ITEM _C.3.A
DATE~12dJl
submission of a preliminary Contamination Assessment Report to the DERM in December, 1996. 1 he report
shows that the soil and groundwater are severely contaminated with arsenic and other agricultural c he nica1s
throughout the entire maintenance yard area. While the extent of the contamination has been substa Itially
delineated, the delineation of the entire extent of the contamination has not yet been completed.
The City is now required to prepare a Contamination Assessment Plan for submission to the Dad,::: (:ounty
Department of Environmental Resources Management (DERM) describing the steps that will be ta (en to
complete the assessment of the extent of contamination. Once the DERM has reviewed and appro' ed the
Assessment Plan, the City will be required to implement the plan by installing the prescribed nm ber of
monitoring wells and soil borings, collecting and analyzing the corresponding samples and compili Ig the
results into a Contamination Assessment Report for submission to the DERM.
After the DERM has reviewed and approved the assessment report, the City will then be required to lave a
Remedial Action Plan (RAP) prepared which will describe the steps that will be taken to rem(; di. ..te the
contamination. Implementation of the site remediation efforts will be required, following the DERM's approval
of the RAP.
The City is involved in a dispute with American Golf Corporation, the City's former golf course operator, which
pertains to their operation of the course. American Golf has been put on notice that the City holds th:::rr liable
for the costs associated with assessing and remediating the golf course. The City Attorney's Office is in 'olved
in on-going negotiations with American Golfs representatives. However, no agreements regarding An erican
Golfs financial participation have yet been reached.
ANALYSIS
At the onset of an environmental site assessment, it is not possible to anticipate accurately the total ex .:ent of
contamination at a site. Therefore, if the contamination proves to be too extensive to be fully de lineal ed by the
initial scope of work, a second estimate of the amount of work that will be required to complete the a~se.:sment
is developed, and the contractor is authorized to complete that next phase of the assessment. While thi s r lethod
does require the issuance of multiple contracts or change orders, the process allows for the complete a~se:sment
of a site, while minimizing costs.
Because the City's dispute with American Golf Corporation may lead to litigation, it is in the best iltnest of
the City to allow the existing contractor to complete the required work at the site through the develcpnlent of
the RAP, to ensure the consistency and defensibility of the work product. The implementation of1he actual
remediation or clean-up of the site will be competitively bid subsequent to the DERM's approval of tht. RAP.
The completion of the assessment and the development of the remedial action plan will cost $32,883 ald;hould
be appropriated from Bond Fund 351 into existing Work Order #2066 to fund the work.
CONCLUSION
The City Commission should authorize the issuance of a Change Order Increase in the amount of$~ 2,:,:83, to
Metcalf & Eddy, under Standing Order #0007601000, to provide for the completion of the Cont::m:nation
Assessment and development of a Remedial Action Plan for the Bayshore Golf Course Maintenanc.~ facility,
and appropriate the funds from Reallocated Bond Fund 351 into Work Order #2066 to fund the work.
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