HomeMy WebLinkAboutSubmittal-Commissioner Francis Suarez-Letter from Arnstein and LehrSubmitted..into the public
record f/rt�ijis)
on a 'f
City Clerk
ARNSTEIN & LEHR LLP
Accomplished lawyers who understand your goals.
June 9, 2016
Via Email
Victoria Mendez, Esq.
City Attorney
Rafael Suarez -Rivas, Esq.
Senior Assistant City Attorney
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
zoo E. Las Olas Boulevard • Suite loop
Fort Lauderdale, Florida 33301
Phone 954.713.7600 • Fax 954.713.7700
www.arnstein.com
Gary L. Brown
Board Certified in Construction Law
954.713.7615
glbrown@arnstein.com
Re: Protest of Recommended Award — Request For Proposals No. 12-14-077 — Lease of
City -Owned Waterfront Property for Marina/Restaurant/Ship's Store Uses
("Project")
Dear Ms. Mendez and Mr. Suarez:
As you know, this firm represents Virginia Key SMI, LLC d/b/a Suntex Marinas ("Suntex) in the
above matter. We have received a copy of Mr. Carter McDowell's letter to you dated June 6,
2016 ("McDowell Letter") on behalf of the highest ranked Proposer Virginia Key LLC d/b/a RCI
("RCI").
In a desperate attempt to avoid disqualification of RCI, Mr. McDowell goes to great lengths to
twist and contort the requirements of the RFP — as RCI did — to excuse RCI's unjustified
failure to disclose the environmental disaster RCI was responsible for in Biscayne Bay. His
arguments are without merit, and each will be discussed in turn below.
1. Suntex is Prohibited from Supplementing its Bid Protest.
The real issue — ignored by RCI — is not whether the City's Code permits Suntex to
supplement its Protest with newly discovered information before the DREAM Director. Instead,
the issue is whether the Commission is permitted to consider the information contained in
Suntex's Supplemental Protest (or any other relevant information) in determining whether RCI is
a responsive and responsible bidder and whether it is in the City's best interest to move forward
CHICAGO SPRINGFIELD MILWAUKEE
FORT LAUDERDALE MIAMI TAMPA WEST PALM BEACH BOCA RATON
Arnstein & Lehr LLP is a member of the International Lawyers Network
113279672.1
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with RCI. In fact, the Commission need look no further than the RFP itself for its authority to
reject RCI's (or any other Proposer's) bid at any time:
VI. Right to Accept/Reject Proposals
The City reserves the right to accept any proposals deemed to be in the best
interest of the City, to waive any non -material irregularities in any proposals, or to
reject any or all proposals and to re -issue a solicitation. Furthermore, until such
time that the City enters into a Lease and the voters approve the Project via
a referendum, the successful Proposer shall not have any vested rights,
leasehold rights or interest in the Property, or in the Project proposed herein.
Moreover, Section 18-104 of the Code only prohibits the "Procurement Director" (here the
DREAM Director) from considering this newly discovered information. Under the well
accepted rule of statutory interpretation known as "inclusio unius est exclusio alterius," that
which includes one thing excludes another. Applying that rule here, because Section 18-104
includes only the Procurement (DREAM) Director, it excludes the Commission. Had the City
intended to include the Commission when it drafted Section 18-104 of the Code, it would have
expressly said so. It did not. Therefore, the Commission is not precluded by the Code from
considering the spill in Biscayne Bay and RCI's intentional concealment of it when it responded
to the RFP. It bears further noting that a Commission meeting is not judicial or quasi-judicial in
nature so the exclusionary rule that RCI proposes does not apply.
In fact, the City Attorney concurs that the Commission can reject all bids at any time, as
reflected by the following exchange at the Commission meeting on May 26, 2016:
COMMISSIONER CAROLLO: But the City Attorney --correct me if I'm wrong,
Madam City Attorney. You said that we could even --and these (sic) was your
words, not mine. You said that this Commission could even decide to throw the
whole thing out.
MS. MENDEZ: Right.
COMMISSIONER CAROLLO: At this meeting.
MS. MENDEZ: You could decide throw the whole thing out, yes, but not in the
confines of the bid protest. In just a general sense.
[See Pages 86 and 87 of Transcript of Commission Meeting on 5/26/16 (emphasis added)
attached hereto as Exhibit "Al
Therefore, the Commission is free to consider the newly discovered information and conclude
that RCI should be disqualified, or throw out all bids, if in the best interests of the City.
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2. Virginia Key correctly answered Question H of the RFP and all other aspects of the
RFP—and is the only proposer to do so.
Under RCI's forced interpretation of Question H, neither Virginia Key LLC (the actual Proposer)
nor its principals, were required to disclose the spill in Biscayne Bay because neither "caused
environmental damage." (see McDowell Letter, p. 3)(bold in original). To support its incredulous
position, RCI asserts that "Virginia Key LLC is a new entity created for the purpose of
responding to the RFP" and that entity did not cause the spill. Following this strained logic, any
Proposer that wanted to avoid disclosure could simply form a new corporate entity, like RCI did,
to respond to the RFP. Clearly, that is not the intent of the RFP, which is why the disclosure
requirement extends to any principals associated with the Proposer (i.e., Robert W. Christoph or
Robert W. Christoph, Jr.). RCI then injects a completely new requirement into the RFP which.
does not exist: that the principals "personally caused damage." (see McDowell Letter, p.
3)(italics in original) Under RCI's distorted reasoning, any Proposer or its principals could avoid
disclosure if one of their employees or others for whom they are responsible "personally caused"
the damage. However, a corporate entity acts through its principals and employees and bears
responsibility for their actions. Here, RCI and Marina Beach Associates, Ltd. ("Marina Beach"),
the company with whom RCI's principals were associated, were legally responsible for the
actions of the contractor they hired to perform non -permitted work in the Bay. The law is clear
that they cannot avoid responsibility merely because the contractor they engaged to perform the
work was the company that actually caused the contarnination.1
In Biscayne Roofing Co. v. Palmetto Fairway Condominium Association, Inc., 418 So.2d 1109 (Fla. 3`d
DCA 1982), the plaintiff condominium association sued the defendant developer, the general contractor,
and subcontractor for damages caused by the installation of a defective roof. The court found that the
defendant developer was not independently negligent but was nonetheless vicariously liable for
defendant's subcontractor's negligence, and that the general contractor was vicariously liable to the
developer for that negligence. The court also determined that the general contractor was vicariously liable
to the owner for the subcontractor's negligence. Biscayne, 418 So.2d at 1110; See also Atlantic Coast
Development Corp. v. Napoleon Steel Contractors, Inc., 385 So.2d 676 (Fla. 3`d DCA 1980) (noting that
responsibility, i.e., ultimate liability, for the proper performance of a non -delegable duty may not be
delegated).
Similarly, the Florida Supreme Court, in Younger v. Giller Contracting Co., 196 So. 690 (Fla. 1940),
considered the relationship between a general contractor and its subcontractor. The Court determined that
a general contractor is a statutory employer of all employees engaged in a common enterprise, including
thosc of a subcontractor. Id. The duty of a general contractor to use due care in repairing the premises of
another, insofar as it is applicable to the owner of the premises, is a non -delegable duty which may not be
committed to an independent contractor, and the latter will be deemed to be an employee of the general
contractor for whose failure to use due care in repairing said premises the general contractor will be held
responsible. See also Mills v. Krauss, 114 So.2d 817 (Fla. 2'd DCA 1959)(holding that the general
contractor having undertaken the responsibility to repair the premises of another whether by his own
employees or through an independent contractor or other agents, is under a duty to the owner of the
premises by virtue of a relationship created by the general contract, to see to it that due care is used in
repairing the premises). The court further noted that the contractual responsibility of the general
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Thus, RCI and its principals were legally responsible for the spill. Accepting RCI's distorted reasoning,
the City of Miami Beach (where the spill originated) should have had no liability since it did not
hire the contractor or actually cause the contamination. However, the City of Miami Beach was
held accountable along with everyone else in the chain of contract, as reflected by FDEP's
enforcement action against the City of Miami Beach, RCI, Marina Beach, the contractor and
others. Thus, within the clear meaning of the RFP, RCI and its principals "caused"
environmental damage to city -owned land and were required to disclose it. That RCI and its
principals would engage in such "mental gymnastics" to avoid disclosure when they responded
to the RFP—and now to justify that failure after they were caught —bears directly on their lack
of candor and integrity, which goes to the heart of responsibility under the RFP.2
3. So what really happened in June 2000? Was there environmental damage or
liability to any city -owned land or improvements? The answer is NO. There was
certainly a very public accidental rupture of the county owned 54" force main, but
the environmental violations were actually quite limited.
RCI (and its counsel who has now inappropriately become a witness in this matter) incredibly
argues that there was no environmental damage to city -owned land or improvements and "the
environmental violations were actually quite limited." At the risk of insulting the Commission's
collective intelligence, RCI and its counsel suggest, unabashedly, that some 25 Million zallons
of raw sewage and human waste released into Biscayne Bay, resulting in some 20 miles of
beaches being shut down caused no environmental damage and was "actually quite limited"!
RCI goes into great detail of what it contends happened in an attempt to deflect from the real
issue, which is its intentional concealment in responding to the RFP. How the spill actually
occurred is wholly irrelevant. The RFP makes no distinction regarding disclosure, and RCI and
its principals intentionally failed to disclose their role in the spill and their liability or any other
contractor to the owner cannot be delegated to a third person in such manner as to relieve the general
contractor of liability for a violation of his duty in that behalf. Krauss, 114 So.2d at 820. A contractor is
responsible to the owner for the performance of the contract work, whether done by the contractor's
employees or its subcontractors. Id. See also Mortgage Guarantee Ins, Corp, v. Stewart, 427 So.2d 776
(Fla. 3rd DCA 1983) (holding that the law permits a person to hire an employee or an independent
contractor to perform a non -delegable duty but precludes such person from escaping, by that devise,
vicarious responsibility for the proper performance of that non -delegable duty).
2 As set forth in the RFP, a non -responsible Proposer is "one that does not have the capability in any or all
material respects to fully perform the requirements set forth in the proposal or Lease or that does not have
the relevant experience, integrity and reliability which assure good faith performance." See RFP, Section
II.W (emphasis added). The Code similarly provides that a "[r]esponsible bidder, proposer, offeror, or
respondent means a business which has submitted a bid, offer, proposal, quotation or response, which has
the capability, as determined by the city, in all respects to perform fully the contract requirements, and the
integrity and reliability of which give reasonable assurance of good faith and performance." See Section
18-73 (emphasis added). The Code also lists the following factor for determining non -responsibility: "..,
(3) A satisfactory record of integrity;..." See Section 18-95 (emphasis added).
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material liabilities relating thereto, in direct violation of the RFP.3 RCI further attempts to justify
its actions by asserting that the City's lands or improvements were not damaged based on
selective DERM testing. However, even the results RCI relies upon reflect that sampling done on
June 21, 2000 showed "minimal contamination" in adjacent bay waters.
RCI and its principals ignore the clear and unambiguous requirements of the RFP to disclose
their "role in causing any city -owned land or improvements to incur environmental damage (or)
environmental 'contamination...". "Any" means any no matter how "minimal." If the City
intended to exclude "minimal" contaminations from the disclosure requirements, or not require
disclosure of "very public" contaminations, it would have said so. It did not. This requirement
could not have been any clearer. It was for the City's Evaluation Committee alone to determine
whether the incident or "minimal contamination" would render RCI non -responsive and/or non -
responsible. Again, the issue is not the extent of the damage caused, which is debatable,4 but
RCI's intentional failure to disclose it that automatically disqualifies them from consideration.
4. The pipe break was an unfortunate accident as a result of many mistakes by many
people over a long period of time.
As stated above, RCI incorrectly focuses on the history of the spill and its cause attempting to
shift the focus away from RCI's deliberate deceitfulness in responding to perhaps one of the
most important questions in the entire RFP. Truthfulness in responding to the RFP goes to the
essence of a Proposer's candor and integrity. Given the sensitive environmental issues of the
Project, the fact that Question H relates to the role of a Proposer or its principals in any prior
environmental damage or contamination of city -owned lands or improvements or their liability
or other material liabilities relating thereto, makes RCI's conduct all the more reprehensible.
In light of the foregoing, the Commission is entitled, indeed obligated, to consider RCI's role in
the Biscayne Bay incident and its intentional failure to disclose it in responding to the RFP.
3 Not only was RCI, Marina Beach, and others required to pay FDEP, Miami -Dade County, and the City
of Miami Beach the collective sum of nearly $2.8 Million, but the City of Miami Beach and the Miami
Beach Redevelopment Agency were held accountable by FEDP for the spill.
4 It is respectfully submitted that DERM's findings are inconclusive as to whether the spill caused
environmental damage to waters or lands or improvements within the City of Miami. The sampling was
done in isolated, specific areas, where tidal events and currents could have and likely did carry the
contamination away from the areas tested. Further, with over 20 miles of beaches closed down, and the
nearest City of Miami land (Dodge Island) approximately only 0.4 miles away from the spill site, it is
highly unlikely that City -land and surrounding waters were not contaminated, if only "minimally." In
fact, marine engineering experts engaged by Suntex have opined that the spill did damage shorelines of
both the City of Miami Beach and City of Miami. See Exhibit "B" attached hereto. Even if the
contamination occurred only in the City of Miami Beach, the RFP's disclosure requirement applies to
damage or contamination to any "city -owned land or improvement." The "City of Miami," as a defined
term in the RFP, is referred to throughout the RFP as "City." Accordingly, the phrase "city -owned" is not
limited to the City of Miami and disclosure by RCI was required.
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Submitted into the public ik E
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Because RCI's conduct demonstrates its lack of integrity and responsibility, RCI should be
disqualified and the Project awarded to Suntex as the next highest Proposer.
Respectfully submitted,
Gary L. Brown
Miguel A. Diaz de la Portilla
GLB/mt
Enclosures
cc: Daniel Alfonso, City Manager (via email)
Todd Hannon, City Clerk (via email)
Aldo Bustamante, Assistant Director — Real Estate and Asset Management (via email)
Jason Spalding, CBRE (via email)
Daniel Rotenberg, Director, DREAM
Virginia Key SMI, LLC (via email)
The Honorable Tomas Regalado, Mayor
The Honorable Keon Hardemon, Chairman of City Commission
The Honorable Ken Russell, Vice Chairman of City Commission
The Honorable Wilfredo Gort, Commissioner
The Honorable Frank Carollo, Commissioner
The Honorable Francis Suarez, Commissioner
Miriam Ramos, Special Counsel to City of Miami
113279672.1
Submitted into the public(L r'
recor i e i(s)
r� 0
on $ I City Clerk
Exhibit "A"
Siabmitted.i.nto the _pub:liciE--
recorfrgi(s)
°n I City Clerk
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86
possibly deny the award at that point,
based on this issue?
COMMISSIONER GORT: Yes.
COMMISSIONER CAROLLO:
B u t that would
i
bet h a t s why 1 s a i d, kicking the can
down the road, because that would take --
CHAIRMAN HARDEMON:
I t s a different
thing It's like a can of milk and a
glass of wine It's two totally different
I s s u e s.
COMMISSIONER CAROLLO: I don't see
why it i s, because we're say i n g, okay, we
i
cant deal with it now; we have to deal
with it l a t e r.
CHAIRMAN HARDEMON: Because this is a
bid protest, not an award.
COMMISSIONER CAROLLO:
B u t the City
Attorney -- correct me if I m wrong, Madam
City Attorney. You said that we could
even -- and these was your words, n o t
mine. Y o u said that this Commission could
even decide to throw the whole thing out
MS. MENDEZ: Right.
COMMISSIONER CAROLLO:
meeting.
At this
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Subrnitted into the public Q
recor r iti s) ,
on $q City Clerk
87
MS. MENDEZ: You could decide to
throw the whole thing out, yes, but not in
the confines of the bid protest. In just
a general sense.
The bid protest only has to do with
one person at a time or two people at a
time for now.
COMMISSIONER CAROLLO: But why would
we throw the whole thing out, if we
haven't heard from all the issues?
VICE CHAIR RUSSELL: Other reasons,
COMMISSIONER CAROLLO:
Other reasons,
which is I guess why Commissioner Russell
and myself are trying to obtain.
MS. MENDEZ: Right, but that is with
regard to the grand scheme of things, n o t
based an any one or two bid protests.
,
re saying that there are other reasons
or reasons, or this reason, whatever t h e
case may be, but you re giving reasons as
to why you think the whole thing should be
thrown out, not in the confines of a bid
protest. I ti s two separate things. n d
obviously i t s the rejection of all bids,
,
not one, unless y o u r e doing a bid
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
Submitted into the public
record�T(s) E �[
r p
on City Clerk
Exhibit "B"
WLININTERNATIONAL
engineors I planners j scientists
May 25, 2016
Mr. David Filler
Suntex Marinas
1688 Meridian Ave, Suite `900
Miami Beach, Florida 33139
RE: Miami Beach Marina
June 20, 2000 Sewage Spill
Dear Mr. Filler:
Submitted into the pubJj
�^
record♦rjt,(s)
on City Clerk
T.Y. Lin International is a full service infrastructure engineering firm with experience in coastal and
marine engineering. 1 am an environmental engineer with 27 years of experience working in. South
Florida coastal. environments,
I have independently reviewed the May 2.5 2016 letter and -supporting documents prepared by Mr.
Ron Schults of Edgewater Resources and. concur with his conclusions that the 25 million gallon
discharge of sewage into Biscayne Bay from the Miami Beach Marina on June 20, 2000 would have
impacted both city of Miami and City of Miami Beach shoreline properties (see report annexed hereto
for ease of reference).
,If you have any questions, please contact me at (305) 714-4037 or colilrlienderson
Sincerely,
T. Y. LIN INTERNATIONAL
Colin P. Henderson.
Vice President -Environmental
201 Alhambra Circle; Suite 900 Coral Gables, Florida 33134 .I T 305.567,1$3S i F 305,5671771 I www.tylin.com
wiEd
May 25„2016
ewater
resources
David Filler
Suntex Marinas
T688 Meridian Ave
Suite 900
Miami Beach, FL 33139
RE: Sewage Spill at Miami Beach Marina
June 20„ 2000 Affected Spill Areas
Dear Mr. Filler
Submitted into the public ea
recor i (s) E . 0
on City Clerk
518 Broad Street, Suite 200
St Joseph, Michigan 49085
269 932 4502
Edgewater Resources is .a marina engineering firm with worldwide experience In the design and development 'Of
marinas.
1 am a licensed Florida Professional Engineer and.widely recognized as a marine industry expert. lt'i's my opinion
that the 25 Million gallon sewage discharge into Biscayne Bay on June 20, 2000 at Miami Beach Manna
contaminated the surrounding areas in both the City of Miami and City of Miami Beach.
According to the Warning Letter #WLOO-01 7 1 DW 13SED from the Department of Environmental Protection
(Attachment i ), "violations of surface water quality standard? were observed within Biscayne Bay Aquatic
Preserve which extends North, West and South of the spill site into City of Miami submerged land areas.
Therefore the contaminant plume that occurred following this event could NOT have avoided the areas of
Biscayne Bay, Key Biscayne, Virginia Key or Virginia Key Beach in the City of Miami.
It is also interesting to note that while water quality testing was being completed multiple beach warnings and
shutdowns throughout Miami Dade County covering nearly 20 miles of coastline, including City of Miarni beaches;
were issued.. Please refer to the attached documents to support this opinion.
For reference purposes, 25 Million gallons .of untreated sanitary waste would be contained in 2,500, I0,000
gallon, IS - wheel tractor trailers. If lined' :up from end to end, this would be a lime of trucks, 33..1 miles long. This
is an extremely serious and disastrous spill which endangered many properties in both the City of Miami and City
of Miami Beach.
Attachments
01: DepartMent of Environmental Protection Warming Letter #WL00-0171 DW 135ED
02::Biscayne Bay Acquatic Preserve and Plume illustration Map
03: Broken Pipe Spewing kaw Sewage into Biscayne Bay in South Florida - CNN World Today
04: Large Miami Beach Sewage Spill Turns Tourists Into Spectators - LA Times
05: Sewage Spill closes Florida beaches - Miami Herald
06: Sewage Spill Closes Miami -Dade Beaches - Miami Tribune Sun Sentinel
Marinas and Waterfronts Worldwide
Planning Design. Development
Submitted into the public
record�t��n(s) �E,
on
City Clerk
2
07 Sewage Spill InquiryWho It Responsible Miami Tribune Su:n Sentinel
08: Watson Island Submerged Lands Survey
09: Maps of City Owned Submerged Land
l0: Article: Florida beaches contaminated by sewage ti ti r f t
Please let Me know if More information is needed,
Sincerely,
Ronald E Schults, PE
CC: 'Lindsey Mathus, Elf
tacee-Starr (Horton)Patterson
Submitted into the public
jeb Bush
Governor
on ifti City Clerk
Department of
Environmental Protection
OCT 0 3 2000
Southeast District
' P.O. Box 15425
West Palm Beach, Florida 31416
CERTIFIED MAIL #0-en,h815 6P77 / 7:97
RETURN RECEIPT REQUESTED #WL00-0171 DW 13SED
Mr. Jorge Gonzales, City Manner
City of Miarni Beach
1700 Convention Center Drive
Miami Beach, FL 33119
WARNING LE i i ER
. .
Dwild B,Siiuhs
Secretary
RE: Warning Letter #VVL:00-0171 DW 13SED
linpermitted construction and unauthorized discharge of raw sewage into VVaters of
the State at the City of Miami Beach Marina.
"Viameiegeltese.e.
Dear Sirs:
•
The Pirpose of this letter is to advise you of potential violations that may have occurred for riehiCh
you may be responsible, and to seek your cooperation in resolving the matter. Several field
inspections were conducted between June 20 and July a, 2000 of the structures riparian to your
ownership at the Miami Beach Marina, Dade County, Fonda. These inspections in&cated that
violations of Chapters 253„ 258, 373 and/or 403, Florida Statutes (F,S,), and the rules promulgated
thereunder, may exist at the above described location. Department personnel observed the
followingi all of which have occurred within Biscayne Bay, which is located Biscayne Bay_Aquatic
Preserve, Class 111 Waters of the State, and is Outstanding Florida Waters:
A. Unauthorized construction at the Miami Beach Marina in two phases resulted in a major
rupture of a 541' sanitary sewerforte main;
B, Unauthorized Construction, in conflict with the terms and conditions of the existing
sovereign, submerged land lease (No. 130765459);
C. Unauthorized discharge of raw ,sewage into Biscayne Bay Aquatic Preserve and other
Waters of the State; and
D. Violation of Surface Water quality Standards within Biscayne Bay Aquatic Preserve
and other Waters of the State. •
CCk; i"l •
OCT in 2NU
"More Protection, Less Process"
ivIDWASD
ITA;11-1,04:4%,tifiK
Mimed on retried poet
• Submittej intotl
recor e (s)
on
City of Miami Beach
Warning Letter #WL00-0171 DWt3.SED
Page Two
City Clerk
Chapters 373 and .403,. :FS, provides that it shall be a violation to fail to comply with any permit
issued by the Department, The activities observed during the Departments field inspection and
any other activities at your facility that may be contributing to violations cf the above described
statutes or rules should be ceased.
Violation of Florida Statutes or Rules may result in liability for damages and restoration, end the
judicial imposition of civil penalties up to $10,000.00 per violation per day pursuant to Sections
253.83., 403.141 and 403.1.61, F.S.
You are requested to. contact Don Kelm at the letterhead address, electronically at
Don.Keirnadep.fl.stateus, or by telephone (561) 681-6652 or within fifteen (15) days of receipt of
this Warning Letter to arrange a meeting with Department personnel to discuss the issues raised,
The Department is interested in reviewing any facts that you may have that will assist in
determining Whether any violations have occurred You may bring anyone with you to the meeting
that you feel could resolve this matter, Please be advised that this Warning Letter is part of an
agency investigation, preliminary to agency actor, in accordance with Section 120.57(5), F.S. We
look forward to your cooperation in completing the investigation and resolution of this matter,
Sincerely,
issa L. Mee
Director of District Maement
Southeast District
cc: Office of General Counsel FDEP, Tallahassee
U.S. Army Corps of Engineers - WPB
Ed Sierra, Water Facilities WPB
• Mary Murphy - ERP, WPB
Donald Keirn ERP, WPB
Gary Winston - State Attorney's Office, Miami
Thomas Wheeler - FDEP/DLE, Miami
John Renfrow — Director, DERM
Robert Duvall - Assistant Dade County Attorney
-William Brent — Director, MDWASD
NILMitvlaVildk
City of Miami
Beach
ite of 25M
lion Spill
y of Miami
undary Line
City of Miami
0 0.25 0.5
fbNYSk _000010:9iiiiiit : •
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Court+;
Everglades
National Part;
Aquatic Preserves
State Parks
National Parks
National Wildlife Refuges
Florida keys National Marine Sanctuary
Biscayne Bay Aquatic Preserve
ake
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John
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Coral Reef
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4 a
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iscayne
24
Submitted into the public pE
record f r .t J s)
on
City Clerk
CAMA Map
Created April, 2005
Aquatic Preserves layer maintained by:
Office :of Coastal and Aquatic Managed Areas
3900 Commonwealth Blvd,MS235
Tallahassee, FL 32393-3003
850-245-2034
Aquatic Preserves include all the state-owned
submerged lands within their boundaries. This
Miles reap is not intended for use for determination
of wetlands or land ownership.
5/24/2016
CNN Transcript- World Tocey: tirdttri Pipe SpelAing RewSevmeirrie Biscayne Bey in South Fl aide - Jure 21,2000
corn transcripts
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FrilttOsimyCNNi Video !Audio 1 Headline New Brief 1 Feedimck
World Today
Broken Pipe Spewing Raw Sewage into Biscayne Bay in
South Florida
Aired June 21, 2000 -2: 16 p.m, ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS
FINAL FORM AND MAY BE UPDATED.
JOIE CHEN, CNN ANCHOR: In South.Florida, fishmarkets are deserted
and swimmers are steering clear of the beach following a major sewage spill
.A. broken pipe is spewing raw sewage along several miles of Biscayne Bay.
CNN's Pat Neal reports how it is affecting tourism along Miami Beach.
(BEGIN VIDEOTAPE)
PAT NEAL, CNN CORRESPONDENT (voice-ovei): Despite whistles and
warnings, some people still went swimming in the contaminated waters off
M i ami Beach,
Jade Wills and Esa Micallef (ph), here ontheir first day of vacation, heeded
the warning, but were frustrated:
UNIDENTIFIED FEMALE: It's really hot. VA: cant get in the water We're
on vacation so we're a little disappointed,
NEAL: Raw sewage continues to flow into Biscayne Bay and the Atlantic
Ocean, On Tuesday, a contractor working on a marina accidentally drove a
piling into the main waste pipeline for Miami Beach and the surrounding
treAt,
ADRIANNA LAMAR, MIAMI .DADE COUNTY WATER AND SEWER
DEFT: The line is under about five feet of cover, so it's a hardline to get to,
and it'll be a bard repair to make:
NEAL: County water and sewer officials believe it cant fixed by Friday. It
the meantime, about half the outflow has been diverted through an pipeline
not used in 30 years. But until the repairis completed, about 13 million
gallons ,of raw sewage a day i1i continue to flaw into the bay.
(on camera): Authorities say they couldn't simply shut off the pipeline
be Oaliae raw eWage Would backup through toilets and through manhole
COVers,i4r out oil the Streets.
(voice-ovei): The lion an swimming and fishing now covers more than 20
miles of shoreline, from Sunny Isles through Miami Beach, and South all way
to Key Biscayne. That area was expanded after more than 30 imilion gallons
of sewage went into the bay, and one-half million more is spilling every
City Clerk
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5/24'2O16 Large Miami Beach Sewage Spill Turns Tourists IrtoSpectatDrs - latimes On
record t
s)
City Clerk
.Ageks E `1tur,'s I ARTICLE, co oxs
4— tadr,toOrignal Attide.
Large Miami Beach Sewage Spill Turns Tourists Into Spectators
June 22,.2eggi J PromAsaociated Press
MIAMI BEACH, Ela. The Atlantic Ocean looked crystal clear Wednesday, but the beach t+,as lined with red "Danger" flags and swimming was banned along a
2,5-rnile stretch because abrokten pipe spewed more than 75 million gallons of raw sewage into Biscayne Bay,
On sunny go —degree day, touristtsat onthe shore, •watching the flat. ocean, while many locals headed farther northto avoid contaminated waters. Lifeguards
patrolledthe beach to by to keep people fromentering the vaster..
"Today was the day we picked to spend on South Beach," gru bledNorma Pryor of Grand Ledge,l lirh„ who was visiting daughter. inMiatiiL "Its pretty
disappointing thatwecan't go inthe water."
"itreallystinks," said Nick 1lenuck, her 5$year-old gat dsoti.
A marine •contractor drove a concrete piding through: a 4 4ndh underwater sewage main Tuesday afternoon, Bynoon Wednesday, the sewage was partially
rrouted. romthebroken naintoanotherline:.
Torkershopsdto. seal the broken main and containth0kakbyFtiday,said BarbaraSanche2,a,spoke vaomanfor lti'!zainii ?adet'.ountyWaterand Ssufe. .
Iiritikitigi�aterta!a.5not.a eLtett,butMiamiBeachand tail Harbaitrresidents Were Aced toCOnse ewater'toreduce:the floe*into the sewer system.
Contaminated water Gould linger after the. kakis seAEI
"Ws to o say when the bea he be opened," said S Ehnir, administrator of Marti -Dade Conn Enviror ntakHealth.
,s Angc.
rUtCS CcriVrightok6 Lim Angeles Tunas Iudexby Kf.vc d I Indsz bynate I Privacy Pcdi,y I Terms ei Service
at
rltp:lfarticlesJatir esomtpnrltl2.00a1( /22/PeWstmn-43774,
5/24/2016 Sewage spill closes Florida beaches record f r i (s)
Submitted into the public plE
, b
on City Clerk
Sewage spill closes Florida beaches
greenspun.com LUSENET : Grassroots Information Coordination
Center (CiIC ,) : One Thread
I Geode Search
Published Wednesday, June 21, 2000, in the Miami
Herald
SEWAGE SPILL CLOSES BEACHES
WORKERS HIT UNDERWATER PIPE AT
BEACH MARINA BY GAIL EPS th.IN NIEVES.
CHRIS GAITHER AND JUDY OD1ERNA
gepsteinVierald.com
County' administrators on Tuesday closed miles of
beaches on Miami Beach and Key Biscayne, along
with a huge swath of Biscayne Bay, after
construction workers accidentally punctured a
major sewer line. sending millions of gallons of
raw sewage spewing into the bay.
Regulators advised the public to avoid SW, Miming.
fishing or diving in possibly contaminated Waters
from 4 I st Street in Miami Beach -- including the
Indian Creek waterways -- all the way south to the
tip of KeaBiscayne. including Fisher Island and
Virginia Kc). and west to Matheson Hammock
Park.
Beaches will not reopen for at least 48 hours.
county officials say. Water tests must be clean for
at least two straight days before health officials
will open the beaches. Administrators said the
earliest they could expect to stop the leak AVOUld be
midday today,
It's a major spill," said Barbara Sanchez,
spokeswoman for Miami -Dada's Water and Sewer
Department.
Emergency divers were examining the break Tuesday evening, as Miami -Dade and Mimni
Beach administrators tried to determine the best way to repair it and stop the spill. Sanchez
said an average of 24 million gallons of sewage flow every day through the line -- a million
gallons an hour. nearly 17,000 gallons a minute. The line is the only conduit carrying sewage
from Bal Harbor. Surfside and Miaini Beach.
LIMITED DAMAGE
Despite huge flow of sewage, little environmental damage was anticipated. The extra
nutrients in the water might hurt Mlle coral in the immediate area or cause a boom in
httpI/wwWgreenspun.coM/bboarcitq-atio-a-ft0h-msg.tcrt11$g_itC031Agi.! 1/4
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record�fc�r�t r (5)
5/24/2016 Sewage spill closes .Florida beaches
on
plankton, but the waste is much more harmful to humans than marine life; ss
Markley, chief of the Department of Environmental Resources Management's natural
resources division.
Fortunately, this kind of thing doesn't cause any acute fish -kill or anything like that," she
said. -It's not like a fuel spillor some other hazardous spill."
Miami Beach atfloials said engineers were considering bunging in a large underwater clamp
or diverting the flow to an abandoned pipeline :at 71st Street. No repairs were expected
before early today, when an emergency contractor was scheduled to send a team to evaluate
the break.
AFTERNOON ACCIDENT'
City Clerk
The accident occurred about . 12:30 p.m., just off the southernmost pier of South Pointe Park.
Workers for Marin and Marin Construction punctured a 54-inch: underground sewer main
that carries waste water from South Pointe to the central districtwastewater plant on Virginia
Key, Sanchez said.
Rick Sadler, general manager for Marin and Marin, a marine construction firm, said the
company was hired to sink 42 concrete pilings, each 42 feet long, for the construction of new
boat lifts at the Miami. Beach Marina. Sadler said he did not know how the accident
occurred, though it appeared construction maps being used on the jab were not complete.
On the construction plans that we had, that the superintendent on the job site had, there was
no indication of any utility lines," he said.
Sadler could not say who provided the construction plans. Marin and Marin was the
subcontractor, he said, working for Broward-based general contractor Amerilift Technology..
A phone call to Amerilift was not returned.
Matthew. Schwartz Miami Beach assistant city manager, said it wasn't clear whether Marin
and Marin ',had the proper permitsto do whatever they were doing." Sadler said his
company is fully 'licensed, bonded and insured,"
City Manager Lawrence Levy said establishing blame for what happened would have to
wait: 'We're not up to that part of the process. The priority right now is getting this problem
solved."
TIDES' EFFECT
Bruce Henderson, environmental resources director for Miami Beach public works, said
because the tide was heading out when the spill first occurred, sewage spread toward the
beaches, Around 5 p.m., when the tide turned, it brought the sewage back into the bay, he
said.
Tuesday afternoon found Angel Rodrmguez and his 13-year-old son at the Miami Beach
Marina cleaning the bottom of a 56-foot Sea Ray. Rodrmguez said he felt nauseous when he
got out of the water but didn't know why v until 90 minutes later, when he heard about the
spill:
"Thank God it was anoutgoing tide," he said. "The water here is bad enough as it is."
htjp:/twww.greenspun.com rd/d-and-a-fetch-msg#cl?msg ith003Mgu 2/4
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recor f¢ r 't s)
5/24/2016 Sewage spill closes Florida beaches on 1 (4 City Clerk
The spill made South Pointe Park a smelly place to avoid. No unusual odors were observed
at the South Beach coastline, but the contamination warnings did keep some people away.
Lifeguard Dennis Rutkin, stationed on First Street in Miami Beach, said the shore was not
bustling as usual..
.Everyone left," he said. 'It rained sonie people' day."
Some of those who stayed were unhappy that they couldn't .cool off .in the water.
"I feel frustrated," said Daniel Lara, on vacation from Honduras. "This is our first day here
and Fin upset that we can't spend it in the water."
SAMPLING WATER
While trying to figure out what caused the accident, health and environmental administrators
said they would spend the next few days sampling the waters for harmful bacteria.
",People who have been exposed to the sewage should shower thoroughly with soap, paying
special attention. to .open cuts," .Henderson said.
Signs saying,'Danger. Contaminated Water. Avoid contact," were to be posted late Tuesday
at several Miami Beach locations, including the marina, Lummus Park, the South Pointe
Park pier, Island View Park, Purdy Avenue and 18th Street, and all public access points to
Miami Beach along Collins Avenue between 15th and 40th streets.
GOOD TIMIMG?
Also, on the beaches at Virginia Key, Crandon Park, Cape Florida, Matheson Hammock Park
and all sides of the Rickenbacker Causeway, including Bear Cut near the University of
Miami.
Hotel operators along Ocrive and Collins Avenue seemed unconcern eciby the no -swim
order. June is traditionally a slow month, they said, and most guests will be content with
sunning themselves on the beach or taking a dip in hotel pools, provided the restrictions last
no more than a :few days..
"We have informed our hotel guests of a temporary setback," said Mario Courtney, director
of operations for Goldman Properties, which operates the Park Central Hotel and The Hotel
"These things happen from time to time."
The water and sewer department also urged people living in Bal Harbour, Snrfside and
Miami Beach to conserve water -- including toilet flushing and dish washing -- to reduce
flows to the sewer system and help reduce spillage from the broken pipe.
A massive sewage spill like Tuesday's was feared in the mid-1990s, when the federal
government sued Miami -Dade County, accusing it of letting the sewer system deteriorate to
a dangerous degree. County commissioners agreed to spend more than $1 billion to shore up
the aging pipelines and paid a $2 million fine, the largest ever paid by a local government
under the Clean Water Act.
Herald staff writers Cynthia Corzo and Sara Olkon contributed to this report.
http:ftww.greenspun.comibboard/q-and-a-fetch-rnsg.tcl?rnsg icd903Mgu 314
5/24/2016 Sewage spill closes Florida beaches
Submitted into the public ,
recor fi rjjt s) + C ,
http://wwwherald.con content/today/does/001293.htm on ` � City Clerk
-- Martin Thompson (mthom 1927@aol,coin), June 21, 2000
Answers
Posted at 3:45 p.m. BDT Wednesday, June 21, 2000
Miami beach sewer line may not be fixed for days BY IVIADELINE BARO DIAZ Online
News Reporter mbaroherald,corr ACCIDENT SCENE: This pile driver, hanging from the
crane, broke a sewage pipe that leaked raw sewage into Government Cut. Striker' by sewage:
A map of the affected area 01KB graphic)
Sewage spill closes beach
Beaches on Miami Beach and Key Biscayne will be offlimits for swimming, fishing and
diving indefinitely..
On Tuesday, miles of beaches were closed after construction workers accidentally punctured
a major sewer line, sending millions of gallons of raw sewage .spewing into the bay.
Regulators advised the public to avoid swimming, fishing or diving in possibly contaminated
waters from 41st Street in Miami Beach -- including the Indian Creek waterways -- south to
the tip of Key Biscayne, including Fisher Island and Virginia Key, and west to Matheson
Hammock Park. That advisory area was extended to 163rd Street today.
As of this afternoon, the sewage flow had been rerouted to an old 48- inch sewer line in
Miami Beach, said 1Vliarni-Dade Water and Sewer Department spokeswoman Barbara
Sanchez.
Coniplicating, matters was the fact that the pipe is five feet underground and the sewage was
spewing out at high pressure -- about 25 million gallons a day (roughly a million gallons an
howl Sanchez said.
The next step is to shut off the valve so a contractor can begin repairs, Sanchez said. It is
unknown how many days repairs will take, she said. Water tests must be clean for at least
two consecutive days before health offie als will open the beaches.
The line is the only conduit carrying sewage from Bal Harbour Surfside and Miami Beach.
http://www.herald.com/contentitoday/docs/040049alitm
-- Martin Thompson (inthom 1927@aol.com), June 21, 2000.
Moderation questions? read
bttp://www,greenspun.com rd/q-and-a-fetctrmsg.tci?msg_i003Mgu
4/4.
524/2016
Submitted into the public f r
SewageSpill Closes Miami -lade Beaches - tribtmedigita-sunsentinei record r t s) C ,
on City Clerk
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Sewage Spill Closes Miamli-dade
Beaches
June 21, 2000 t By JOSE-DANTE PARRA HERRERA Miami Bureau
MIAMI BEACH More than 40 blocks of beaches were -Closed to bathers on Tuesday after tens of
thousands of gallons. of raw sewage spilled into Biscayne Bay from a large sewage pipe at the Miami
Beach Marina.
0
Marlene Preston, spokesweman for the 'Miami -Dade Water and Sewer Department, said a=contractor
doing work at the marina drove a concrete piling through the 54-inch water main, pouring sewage into
the bay's waters,
"Just because this is in the water, this is a potentially serious compiioation," Preston said. "It's a fairly
large line.
The pipe transports about 24 million gallons of raw sewage a day from 13a1 Harbor, Surfside and Miami
Beach, Preston said. It then carries the sewage under the bay to a treatment plant on Virginia Key.
Water and sewer officials are asking the residents of those<areas to conserve waterby liisliting toilet
flushes, showers and -Gar washes to ease the pressure on the damaged main.
Officials aren't sure how much sewage spilled into the bay. Preston said officials asked the contractor to
leave the piling in place to serve as a cork while they figure out how to fix the break,
There. are no warnings about drinking -Water contamination
Mate and county authorities decided to close beaches to swimming and fishing from Cape Florida in
-key Biscayne to 41 st Street in Miami Beach to prevent health hazards
;Even though the spill was on the bay side, officials worry that currents could take the contaminated
water up the beaches en the ocean side.
Samir Stair, spokesperson for the Florida Department of Health, said water contaminated with raw
sewage cotild infect people with .diseases ranging from. gastrointestinal to ear infections:.
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There is not even fishing allowed until we get the test results," emir said.
Susan Markley, spokeswotnan'for the county's Department of Environmental Resources Management,
said those results could come back today.
Based on that and on how fast ittakes the Water Department to fix the main, officials will decide how
long to keep the ban.
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5/24/2016 Sewage Spill Closes Miami-dade Beaches - tibunedigital-sunsenteitt . City Clerk
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> 8. Sewage Overflow
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Biscayne Bay
Sewage Spill inquiry: Who Is
Responsible?
,tune 24, 2000 I By JOSE PANTE PARRA HERtRERA and MA3TGARITA
HfDALGO Miami Buee$u and Stafreoearybers Patricia Parker and John
contributed to this tepnrt
0
MIAMI BEACH Five.days After a construction crew plunged a piling througha largepipeline„ causing
a massive sewage spill, county officials and the Miami -Dade State Attomey's cQ r are trying to
determine'who is to blame and whether it was more then Simple. carelessness,
Miami -Dade State Attlmev,C KatherineFemandez Rundle said her agency is looking into the spill to
find out who is liable and`whethercharges would-be civil or criminal,
"Ifs too early to know whether it's;oriminai to nature or whether it's civil," Fernandez Rundle said. "My
office has been Working with Metro -Dade and the city of Miami Beach, and next week the city will be
forwarding their documented to us."
One of the main players involved hay had a number of legal problems in Miami -Dade and Broward
counties, ranging from private .businessdeals gone awry to problems with construction regulations.
David E. Graham. one of the listed officers of Ameriliftt Technotogiesinc. — the general contractor for
the job at the site of the spill:has been butting.headswtth government agencies: at iea5t since the
early 1980s. when he persuaded Dania, Beach to allow him to develop. Harbor Towne Marina He didn't
:start developing the marina until years later, after the city had fined him S50,000 for delays and
threatened le take hire to court.
He also tangled with Miami-Dade's Parks and Recreation Department for breaking a tease agreement
when he Managed a marina atithe southern end of the county.. Also,.a Coral Gablesroan ,sued him this
year for failing ta build a boatlift and for fading to pull any permits for the job,
"He is o:ne of the individuals we're looking et," said Alice Rtb> risen, essisten! director for Miami-Dades
Department of Environmental Resources Management. Robertson declined to elaborate because of the
State :atto. rney's inquiry.
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Graham, a former attorney, did not return pi) r messages left at his 'Port Lauderdale office Friday,
'On Tuesday. a M crew was driving concrete pilings into the bottom of Biscayne Bay to build
boafiifts atlhe Miami Beach Marina. One of the pilings punctured a 4-fool-wide pipe carrying sewage
from coastal municipalities to a treatment plant, The •ensuing spill sent esmuch as 35 million,gations of
raw sewage into Biscayne Bay, forcing officials to restrict bathing and fishing along moat of Miami-
Dade's beaches,
The beaches are etipected to reMain elesed until'at least nett week. In broWard. Water• sartiples Have
remained Clean.
Amerilfft, the company for which Greheni is en officer, was the general contractor and subcontracted
Henry „1. De Luca, who hi turn subcontracted Marin & MMarin Construction inc to put in the pilings.
Before the companies: started driving pilings into the ground, they were supposed to chectc with
Sunshine State One Call of Florida to makesurethere were no utilities underneath them, Robertson
said.
"As I Understand it, ifs the contractor's responsibility to check;" Robertson said.
One of the things they are trying to define; Robertson said, Is which of the three companies would be
defined as "the contractor" and be responsible for rupturing the massive pipe. Robertson said the job
was riot supposed to start because the contractors had not secured a permit from her agency allowing
them to build in coastal areas, But even if they had, 'Robertson said, they had to find out an their own
whether there was a pipe.
Before this incident. Robertson said, her agency and the State.Attomey`s Office had investigated
whether companies linked to Graham committed criminal acts in relation to environmental permits.
Those companies had been cited by DERM several tines, Because of the inquiry, Robertson declined
to elaborate on the violations.
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5/24/2016 Sewage Spill Inquiry: Who Is Respon5ibIe?- tribunedigital-sunseniinel recor f 1 i (s)
Officials at both the StateAttorney's Office and DERM said the names of
throughout the course of the violations, .but they salt had common links. One of those links is David
Graham.
In other cases, Graham also has been known to use different corporations names for his business.
Earlier this year, Alexander Gonzalez, a Coral Gables resident, sued three companies where Graham
was an officer:American Boatlift Maintenance and Repair, Amerilift Technology Corp. and Mantic
Boatiifts
Gonzalez claimed he made a $5,700 deposit tohave :a boat -lift built at his house. But after months of
waiting, he said, the work did not start.
In the stilt Gonzalez accused company officials of using the names of Amerilift and American Boatlift
interchangeably merely to mislead ... and perpetuate fraud, He attached letterswrittento him with the
stationery of the two companies. The suit was settled in May.
Staff researchers Patricia Parker and John:Maines-contributedto this report.
Josh-i Dante Parra Herrera can. be reached atjparra alsun-senlinet.corn Or 3.05-810-5005.
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FOR ILLUSTRATIVE
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Legend
Deed No. 18030
Deed NO. 18450
Deed No. 19447
Deed No. 19448
Road Names
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18030. 18450.. 19448, 127146 - Granted to City of Miami
Located in Biscayne Flay
Deed No, 18450.
Biscayne Bay
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CHAPTER 8305 - (NO.523).ACT OF 1919
TO GRANT CERTAIN WATER RIPARIAN RIGHTS
AND :SUBMERGED LANDS IN BISCAYNE BAY
TO CITY OF MAIMI
RICKENBACKER CSWY
Submitted into the public D
on recor I YI �i (S) C'ty Clerk
Ili CHAPTER 8305 - (NO. 523) 1919 LEGISLATIVE ACT
TIITF DEED NO.''19447
OVERLAPPING AREAS
Submitted into the public
record�f'of jte(s)
on.
Florida beaches contaminated by sewage.
Link/Page Citation
Seventeen miles of beaches were expected to remain closed in Miami -Dade County after more than 25
million gallons of raw sewage spilled into Biscayne Bay after a 54-inch-diameter underwater sewer tine
was ruptured by a contractor in June.
The line carries discharge from Miami Beach to a wastewater treatment plant on Virginia Key. It was
punctured by a concrete pile driven into it during construction of boat slips at the Miami Beach Marina,
The 12-inch square pile left a 14Anch hole in the pipes, :says Humberto Codispoti., .chief engineer for
the, Miami -Dade Water and Sewer Department.
The contractor had not obtained an environmental permit to work in coastal waters, according to Alice
Robertson, assistant director of Environmental Resources Management, Even with the permit, it would be
the firm's responsibility to check on the location of utilities, said Robertson,
The water -sewer agency hired Lanzo Construction, Miami, to excavate the broken section of concrete
pre -stressed pipe from its burial site 15 feet .below the bottomof the bay to determine if damage extended
beyond one section. The pipe was covered with 10 ft of rock and had to be exposed on both sides of the
break to reach the joints.
Engineers consulted with pipe manufacturers on the feasibility of repairing the break using a metal
saddle. "A patch has to be engineered properly because the prestressing was compromised," said
Codispoti. A section of the pipe lies under the sea wall, which makes logistics difficult. A breakwater pier
encircles the marina to protect it from wakes produced by ships using the channel to the Port of Miami.
The City of Miami Beach leases the marina to Miami Beach Marine Associates., It hired Amerilift
Technology Corp; to install 20 lift slips. Amerilift hired DeLuca as the general contractor. Martin & Martin
Construction, Miami, was hired to drive the piles, says BobiChristoph, president of Miami Beach Marina
Associates.
While the pipeline is under repair, sewage is being diverted to an old 36-in.-dia outfall that discharges the
waste 2.5 miles off the coast. The county health department did open three miles of beach on Key
Biscayne on June 2:5.
COPYRIGHT 2000 Oiidorsi POlishing Company of Texas, inc
No portion of this artidie can be reproduced without the expresS Written :;errnission from the copyright holder.
C o -ght 200c:aaie, Cengage Leorninq.:Ali rights reserved,
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