HomeMy WebLinkAboutItem #07 - Discussion ItemWETROPOLITAN DADE AWNTY, FLORIDA rfA
METRO•DADE ` <,r �(` r; `.
METRO-DADE CENTER
• ODE COMPLIANCE OFFICE • February 18, 1992 BUILDINGc SUITE 1010
�lst STREET MIAMI, FLORIDA 33128-1974
(305) 375-2981
Mr. Santiago Jorge - Ventura, A.I.A
Deputy Director & Chief Building Official
City of Miami
Planning, Building and Zoning Department
275 NW 2 Street
Miami, F1 33233-0708
Re: Construction Trades Qualifying Board
"A" Division - Asbestos Abatement Contractor
Dear Mr. Ventura:
This letter is to clarify the Construction Trades Qualifying
Board "A" Division ruling on February 13, 1992 concerning the
'! scope of an Asbestos Abatement Contractor and the 51% rule.
It is the local jurisdictions responsibility to determine in a
bidding process who the primary contractor will be based on the
percentage of work to be performed. The primary contractor has
to be qualified in the particular trade for which the work being
# performed is 51% or more of the total job. The primary
contractor thlsn has a responsibility to sub -contract all portions
of the work that does not fall under the scope of this license to
licensed qualified contractors.
If the City of Miami determines in the Orange Bowl Stadium
Modernization - Phase II (1992) Project that the primary work
falls within the scope of an Asbestos Abatement Contractor then
the Asbestos Abatement Contractor who is awarded the contract
must be licensed by the State of Florida as required by Florida
Statutes 455.301 - 455.309. All work which does not fall under
the scope of the Asbestos Abatement Contractor must be sub-
contracted to licensed qualified contractors in the trade for
which the work is to be performed.
If you require any further information concerning this matter, do
not hesitate to contact me at 375-2981.
S ' q r e ly Submitted into the " Public
record in connection with
Charles Danger, .E. 1teln N—--._on
Chief Building Code Compliance Officer
CD: i a Matty Hirai
C; tit Cl rk
c : Al Childress 9.� , �� . j_
Chief Enforcement Officer
SERGIO RODRIGUEZ, AICP ` rtTM
CESAR H. ODIO
"""
Director � " " ' ,'
City Manager
February 14,,'199Z
1
Robert W. Perry, Chairman
Construction Trades qualifying Board
of Dade County
111 N. W. First Street - 11th Floor '
Miami, Florida 33128,
REt Asbestos Abatement - Miami Orange Bowl
Dear Mr. Perry:
At yesterday's Commission meeting, Richard Weiss, attorney for SAC Construction,
• distributed the attached letter to the Miami City Commission.
He claims the contract was incorrectly given to an asbestos abatement
contractor whc
will be doing the whole demolition; the' demolition should be done
by a demolition
contractor and not an asbestos abatement contractor.
a
As confirmed by Law Engineering in their January 8, 199Z letter, the asbestos•
containing form board was adhered to the underside of the concrete bleacher sections.
They could not remove this asbestos -containing waste, without demolishing the bleacher
section (see attached letter): I fully.agree with their determination.
A regular demolition contractor could not do this, it could only be done by an asbestoE
abatement contractor. If the asbestos abatement contractor could have treated the
asbestos with spray and removed same, then a demolition contractor could have proceede6
with the demolition. But this was not the case.
Mr. Weiss informed us that he appeared before the Board of Rules and Appeal on February
13, 1992 to discuss this matter, but no one from the City of Miami was notified or was
requested to be present to explain the situation.
Submitted into the public
record in connection with
item A- on
i' lHatty Mica,
City Cle-'-
92 140
4
PLANNING, BUILDING AND ZONING DEPARTMENT
275 N.W. 2nd Street/P.O. Box 330708/Miami, FL 33233-0708/(305) 579-6800
n
Robert W. Perry, Chairman
;
February 14, 1992
Page two
The purpose of this letter is to request a. copy of your determination or opinion and to
explain my determination.
This matter was before the Miami City Commission on January 23, 1992 but was not on
yesterday's agenda. .It was brought up as'.a "pocket
item".
Very truly yours,
San�agoJorge-Ventura,-A.I.A.*
Deputy Director & Chief Building Official-.".".''.*
SJV:mc
encl.
cc: Sergio Rodriguez, Director
Submitted into the public
Waldemar Lee, Acting Public Works Dir.
•
record in connection with
A. Quinn Jone, III, City Attorney
Alan Poms, Chief Architect
`
item onMr.
Bertram Warshaw, P.E:, Chairman
Board of Rules `and Appeals
Matty Hirai
Charles Danger, P.E.
City Clerk
Executive Secretary
Board of Rules and Appeals
Central file
!I ;3.--- 1 40-L
EDWARD G. OUEDES
I I STEPHEN J. HELFMAN
GILBERTO PASTORIZA
ELLEN NOLEN SAUL
JOSEPH H. SEROTA
` 11 RICHARO JAY WEISS
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2888 SOUTH SAYSHORE DRIVE
SUITE 2p4;
MIAMI, FLOR1bA Li0100
TKLEPHON6 (305) 054.0800
TELECOPIER (305) 854.2323
February 13, 1992
BROWARO OFFICE
300 SOUTHEAST 6*- STREET
SUITE 200
FORT LAUDERDALE. FLORIDA 33301
r
TELEPHON[ (305) 763•1189 r
i
Submitted into the public
The Honorable A. Quinn Jones, III record in connection wit:,
City Attorney, City of Miami
100 Biscayne Boulevard Way item, ri __on .� - S " �•
Dupont Plaza Building, Suite 300
Miami, Florida 33131 Fatty Hirai
City Clerk
;i RE: Bid No. B-6200 C.I.P. 404238 - Orange Bowl
Dear Quinn:
As we discussed over the telephone, at the request of our
client, SAC Construction, Inc., the Dade County Board of Rules and
Appeals considered the question of whether a. person holding an
Asbestos Abatement' Contractors Specialty License was qualified
under State law -and under the Dade County Code to perform the
demolition work contemplated under the captioned City of Miami bid.
As you may recall, when I originally presented this issue to
the City Commission, the staff advised the Commission that in their
opinion this work could be handled by an Asbestos Abatement
Contractor. The governmental agency having jurisdiction over these
matters has -now ruled on :this issue and I believe that it is
incumbent upon the City to reverse their decision in light of that
ruling.
Pursuant to Chapter 10-3B of the Code of Metropolitan Dade
County, a bid submitted for a municipal project by a bidder not
holding the requisite license, is null and void.
It follows,, therefor,' that the bid submitted by PDG, the
successful bidder, was null and void and, therefore, the contract
that the City entered into with PDG is also null and void.
The purpose of this 1F:tter is to request that the City of
Miami, City Commission place this matter on today's agenda on an
emergency basis, move td;,reconsider their prior award, and award
this contract to our client:
•
, 111
#i
1
.
A. Quinn
Jones, III, Esq.
February
13, 1992
,I
Page 2
I might add as a footnote that PDG still has not started this
work and
that:our.client will begin work tomorrow morning provided
the City
Commission takes the requested action. '
If you have an questions, Y y q , please do not hesitate to contact
me.
Sincerely,
I
Richard Jayhe
i�
RJW/sk
f
120.001
i
Submitted into
record in
x I
cozljzeCtion with
item,_
On
Nlatty Hirai
City Clerk
I
I
f
WEISS SEROTA & HELITMAN, P.A.
I
a
a
JAnuary 8. 1992
city of "aml
Dopactaiont of Public
Design Diviston
276 N.W. 2nd Street
Miami, Florida 33128
AtteriUm: Ms.
Civil
Subject: Ashe
Mk
Mien
Law
In reforonoo to out col
auncnitly out to bid, (C
Removal8000 C.I.P.
that trio work be perfo
(465.301- 4Z-309). (
of die work InvoWe a
Ttils opinion is basdd
(1041) Involving Mo
conofete bleacher as
.y Pwtoja-Xmenoz
Ineer. I
Abatement
Orango Bowl
lorlda
r P la 2
LAW ENGINEERING
U61Cf-f`lGtl tiW-xil;5;i;t
i D*^a: humor+ MXKA:3
(WM%n
Submitted into the public
xecord in connection with
item . tQ A on
Matty Hirai
City Clerk
Projiict Number E3"1262 03
3raotlon today, It io the ophlon of Law EnQlnuxlnQ that the City of Mlaml ixolocA
ige nowt Sloolum ModernizaWn - Phase Il (199?) - ASbestOs-Conta1ntr1Q Materials
).404238), be addressed primarliy as an Asbestos Abatement Project. it is sp000d
ad by a t.tcOW Asbestos Abatement Contractor as required by Florida Statutes
or trades will be necessary to property oxocute into project,, however, tine ma)ority
Woe abatoment.
data obtal►tied during the most repent project performed st the Miami OmVo Bowl
noval of the asbeslos-oonta ping form board3 adhored to tho underaloo of rho
IN asUestw-containl waste genoraletl Ux U jas the asbestos-conta'tnino form Ooa ro, ali concrete Vim
the form board Is Wioi ed to, and all debris that is mixed with the asbestos-oontalnin9 form board detuis.
This amount of waste represents tho malority of tho waste generated on this proJed. Also. specifbd
enolneedria oontrole m ist bu Wind in order to reduce the `iO.SB!ttllity of visible emisslons as regulated by
Vic National EmisstonsStandards for Ilayardous Air PolkAants (NF.SI,tAF'S. 40 CFA Part 61. Subpart M).
In order to property ha idle the ashastos-contalning waste And exocuto the rvqulred eNineorirV controls
necessary to achieve ptat le alri7orno fiber concontrati(=, a Lloensed Asbestos Abatement Contractor
must be utillzod..-
a.-
j
U5Nrr 10187ErAE['
i
MIAMI./l 311C)
! O�PE3C59e/9:Es
f
• r
r
JHN- 1 3�1„•MON 1 S 1
P.O3
MIOMI OrWge Howl Page 2
' Liaw Engtne9rtng Prole Numt*r 639 OVUM
Law Engtneerinp appre ate$ ute opportunity to offer you e"Istance h this Matte, If you have any
t con t letter, recontact me at your convenlenee at (305) 044.OM6.
ques Ions c ernt r g , nars
d.' 81rworoty.
L LAW ENAINCERING, 0.
t ' Hmatd a. Co6tantint cuttry
Uontor Asbestos >; p Ist XFIo
oPrir
Dopartr at Marnptsterd, t= a 3470a
ftaC/JAM/do
1262o3.LEr
Distribution: Addree eo (2)
Flfo .(1)
I
Submitted into the pu'D.Lic
record in connection with
item on �D -1 9 - q ---)- •
Matty Hirai
City Clerk
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Santiago Jorge -Ventura DATE: February 14, 1992 FILE: B-620(
Deputy Director
Department of Planning,
and Zoning
FROM: Juan B. Ordonez, P.E.
.Project Manager
Building SUEWECT : Orange Bowl Stadium
Modernization Phase II
(1992) Asbestos -Containing ;
REFERENCES: Material Removal
'Department of Public Works
ENCLOSURES:
For your information, we want to clarify that this contract is
intended for the removal of the concrete decking that partially
form the bleachers at the Orange Bowl Stadium, and were poured in
place using as permanent formboard, a 'board with the commercial
name of "Transite." The transite tested positive to contain more
than 32% of asbestos fiber.
The transite formboard are monolithic adhered to the concrete
deck of the stadium. These decks are concrete slab 2-1/2 inches
thick, with a size of 2.5 feet wide by 17 feet long and weight an
average of 1300 pounds. It is our understanding from the
asbestos abatement contractor, that the concrete slabs will be
cut in approximately 4 ft. long sections. These sections will be
lifted by a crane and placed into a closed container for
disposal.
The process to be used for the asbestos abatement is described in
the attachment taken from the specifications of the contract. We
want to reiterate that no other structural element will be
removed under this contract.
It is our opinion that this work includes about 75% of asbestos
abatement work, and that the prime contractor shall be an
asbestos abatement contractor.
J B O/ d r Submitted info the public
Attachments record in connection ',rith
item`, on 1 �/q-
Watty Hirai
City Clerk
I
THE MIAMI ORANGE BOA ,?.
53" 1262.03
Submit-td _ 1 to the public
record in connection �� with
item _. N ---- °n 1J-�� — , -
Matty Hirai,
City Cle.xk
2. Engineer will consider equivalent products by other manufacturers for approval if
submitted with appropriate Information to Engineer not later than five days prior.
to the scheduled time for the material to be used. Minimum information shall
include Material Safety Data Sheet, OSHA Form No. 20; toxicological reports, and
Installation recommendations for use on asbestos -containing materials.
3 D. Sealant (encapsulant) - Shall be manufactured by reputable, established manufacturer of
encapsulant/sealant materials and be approved specifically for use in asbestos -
contaminated environments. Shall be compatible with the temperature conditions on
surfaces to which sealant Is to be applied. It Is the responsibility of the Contractor to
determine compatibility of the sealant with materials and conditions.
E. Impermeable containers - Shall be suitable to receive and retain asbestos -containing or
contaminated materials until disposal at an approved site and shall be labeled in
accordance with OSHA Regulation 29 CFR 1926.58, and U.S. DOT 49 CFR 171 and 172,
containers shall be both air and water- tight. Use a minimum of two types of impermeable
containers: 1) six mil plastic bags sized to fit within the drum 2) metal or fiber drums with
tightly fitting lids.
F. Warning labels and signs - Shall be as required by OSHA regulation 29 CFR 1926.58 (and
U.S. DOT 49CFR 171 and 172 for impermeable containers).
G. Other materials - Provide all other materials, such as lumber, nails and hardware, which
may be required to construct and dismantle the decontamination area and the barriers
that Isolate the work area(s).
H. Caulking - Shall be non -shrinking caulk to be used where insulated pipes continue
through walls, ceilings, etc. Contractor shall determine and and submit proof that caulk
proposed for use is compatible with the temperature conditions of the surfaces to which it
Is to be applied.
2.02 ` T,99- 1,. ND CU1P,,MENTV'+�
A. Provide suitable tools for asbestos removal.
1.
2.
Water sprayer - Utilize airless or other low pressure sprayer for amended water
application.
. Air purifying 'equipment (for internal recirculation in the work area) - Shall be
<141)-•• 110.1
December 5, 1991 02080-10 CITY OF iJIAMI
. THE MIAMI ORANGE BOr.1?1�
539-01262.03
Subm into the public
record in connection �vith
item an -I-4& ; 2
Natty Hirai
City Clerk
HEPA Filtration Systems or Electronic Precipitators. Ensure that no internal air
movement system or purification equipment exhausts contaminated air from the
work area(s) outside the work area
3. Diminished air pressure equipment - comply with ANSI Z9.2-79, local exhaust
ventilation.
4. Scaffolding - Shall be as required to accomplish the specified work and shall
meet all applicable safety regulations.
5. Transportation - As required for loading, temporary storage, transit, and
unloading of contaminated waste without exposure to persons or property.
6. Communication equipment - Shall be suitable for interroom communications,
such as "walkie-talkies".
PART 3 - EXECUTION
`3:01'PRt�,RATiON ANp WO 111ApEA ENCLOSURE,
Coordinate sequence of work area preparation throughout the building with owner and
other trades in order to properly segregate the work area from areas that must remain
fully or partially operational or in which other construction is being performed.
a. The following is a delineation of the work area. This work area has been
established for the purpose of defining work schedules and/or in terms of Owner
access for approval.
a
1. The Work Area Is considered to be the northeast, northwest, southeast
and southwest Upper Deck and Lower Deck Quadrants In the Miami
Orange Bowl located at 1400 N.W. 4th Street in Miami, Florida.
Preparation and Precleaning - Work Area
These procedures shall be utilized during precleaning and preparation activities
for the removal of the designated rows of bleachers from the Work Area
constructed with asbestos -containing form board.
1. Coordirate with Owner for access to the Work Area for the duration of
December 5, 1991 02080-11 CITY OF MIAMI
THE MIAMI ORANGE l3a
639-01262.03 Subriiitied into the public
record in connection with
item N on a
Matty Hirai
the project. City Clerk
2. Isolate the work area until Clearance testing is accepted by the Engineer.
3. Construct a remote worker and barrel/equipment decontamination unit in
compliance with EPA guidelines concerning number, size and placement
of airlocks, etc. Shower in worker decontamination unit shall open on two
sided and open into airlock on both contaminated and uncontaminated
sides. Construct decontamination units of appropriate materials including
plastic sheeting (to provide airtight barriers) and plywood or other
suitable rigid materials. Post OSHA decontamination procedures in
change room for duration of Project
4. Preclean the horizontal surfaces within the work area using wet -cleaning
and HEPA vacuuming.
5. Drop Cloth utilization
i) Provide a drop cloth below the section of bleachers, constructed
with asbestos -containing form board, scheduled to be removed.
The drop cloth must be secured to the structure in such a way as
to withstand the impact of debris being distributed from above
without damaging its integrity. Secure the drop cloth in such a
manner as to assure that the falling debris will be distribed onto
the drop cloth. Ensure that the drop cloth remain effectively in
place for duration of bleacher removal and subsequent cleaning.
Repair damaged barriers and drop cloth and remedy defects
immediately upon discovery. Visually inspect the drop cloth at
the beginning of each work period.
6. Maintain emergency and fire exits from the work areas, or establish
alternative exits satisfactory to fire officials.
7. Provide temporary power, and lighting utilizing ground fault protection
devices as necessary, to maintain a comfortable work environment.
Normal water and electric utilities to be supplied by Owner.
Notify Engineer for observation of the preparation of jobsite prior to any
December 5, 1991
02080-12
clrr OF
THE MIAMI ORANGE B(:;p,) Subr • �_d into the pll}J11C
539-01262.03 record in connection with
item_ on q-)-
' Malty Hirai.
City Clerk
removal of asbestos -containing material. Prior to notification, complete
the preparation of the drop cloth in the work area and construction of
worker and barrel/equipment decontamination enclosure systems, and
store all equipment required for the Project.
9. Maintain for the duration of the Project from the first activity requiring
disturbance of asbestos -containing materials, a sign In/out log in the
immediate area of the change room. Log shall be utilized by every person
and each time upon entering and leaving the work area. Submit notarized
copies of this log to Engineer for permanent file upon completion of
Project.
10. Trap all waste water using a three stage filtration system using filters
having pore sizes in succession of 10.0, 5.0, and 1.0 microns and drain
shower wastewater into sanitary sewer. Replace contaminated filters
when they become clogged but not less then every third day. Dispose of
filters as contaminated waste. Contractor may dispose of water as
contaminated material, at his option, rather than filtering and draining into
sanitary sewer. .
3.02 'tftEiIAOVAL'OF'ASBESTOS-CONTAINING MATERIAL
Properly remove and dispose of asbestos -containing materials indicated to be removed as
described in this Addendum in accordance with the methods and procedures outlined in the U.S.
Department of Labor Occupational Safety and Health Administration (OSHA) Asbestos Regulation
(Code of Federal Regulations Title 29, Part 1926, Section 1926.58) or as more stringently specified
herein.
A. Removal In Work Area
1. Prepare Work Area as previously specified.
2. Properly remove asbestos -containing material within the Work Area
utilizing the following guidelines:
a. Spray the areas of asbestos material with amended water, using
spray equipment recommended by surfactant manufacturer
capable of providing a "mist" application to reduce the release of
-,fibers. Wet the material sufficiently to saturate in to the substrate
I V- L
December 5, 1991 02080-13 CITY OF MIAMI
I
• THE MIAMI ORANGE BO, Submittc639-01262.03
C11tQ {�C pit o,l i c
record hi Cojlnection with
ism N A on I C
Matty Hirai
without'excessive dripping. Spray the ashes 0@**M and the
falling debris repeatedly during removal to maintain wet condition
but do not use excessive amounts of water.
b. Wet core drill two holes in the bleacher row to be removed. The
holes' diameter and distance from each other shall be
determined by the City of Miami. Drill holes in such a manner as
to allow the debris from the holes to fall directly onto the drop
cloth below.
c. Collect the fallen, saturated asbestos debris in small amounts. Do
not allow material to accumulate or to dry out. As it is removed
1 place the material In sealable bags of six -mil minimum thickness
and place in labeled containers for transport
I
j
d. Following the drilling process, saw cut the bleacher row to be
removed In order to loosen the row from the structure. Saw cut
the row from the top in such manner as to assure the cut DOES
NOT penetrate the asbestos -containing form board below.
e. Crane lift the row from the structure and encapsulate the form
board prior to placing it directly into an approved dumpster.
f. The dumpster must be lined with two layers of six -mil plastic
sheeting.
f. After removal of bleacher row, all surfaces shall be wet -cleaned
to remove residual accumulated material. Continue wet -cleaning
until surface Is free of visible material.
3.03 CLEAN-UP AND CLEARANCE TESTING
A. Provide general clean-up of work area currently with the removal of asbestos -containing
materials. Do not permit accumulation of removed materials on floor or ground.
B. Clean Up Sequence
December 5, 1991 02080-14 CITY OF MIAMI