HomeMy WebLinkAboutR-91-0901}s
_
91' 901
RESOLUTION NO.
t
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF
4/5THS OF THE MEMBERS OF THE CITY
i
COMMISS_ION,. WAIVING FORMAL_ COMPETITIVE
SEALED BID PROCEDURES POP CERTAIN ADDITIONAL-
SUPPORT WORK FOR THE SPECIFIED STRUCTURAL
'i
REPAIRS AND IMPROVEMENTS TO THE ORANGE BOWL
STADIUM; RATIFYING, CONFIRMING AND APPROVING
THE CITY MANAGER'S FINDING THAT A VALID
"-
PUBLIC EMERGENCY EXISTS JUSI.TFYING SAID
'
WAIVER; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY CONTRACTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND TO
ISSUE THE NECESSARY PURCHASE ORDERS FOR SAID
SUPPORT WORK; ALLOCATING FUNDS THEREFOR IN
AN AMOUNT NOT TO EXCEED THE TOTAL OF
$1951000 FROM THE CAPITAL IMPROVEMENT
PROJECT NO. .404238, ENTITLED "ORANGE BOWL
MODERNIZATION PROJECT - PHASE II". SAID
TOTAL CONSISTS OF $85,000 FOR. LAW
ENGINEERING, $82,100 FOR MCO ENVIRONMENTAL,
INC., $10,000 FOR FERNANDO GOMEZ-PINA AND
$17,900 FOR ESTIMATED EXPENSES INCURRED BY
THE. CITY; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRMS.
WHEREAS, the Department of Conferences, Conventions and
Public Facilities and the Department of Public Works were making
preparations for the University of Miami football season games at
the Orange Bowl Stadium, which began on September 12, 1991; and
WHEREAS, the consultant firm of Law Engineering, which
is presently under contract with the City as a Testing and
fi
Laboratory firm for the Orange Bowl Modernization Project, has
cTrlr co Fors
WEErnv
DEC 5 1991
91 -- 9
411,
EMENE111- $_
77
conductod a, Aurvey,sampling and testing to evaluate. thepeese'ned
of - asbestos in the form board originally used to pour. in p 1 ac 0
f
the -c.o of the stands; and
WHEREAS, saidfirm, . with the assistance, of the. P,ubli,o
Works staff, has confirmed the presence of asb,estos., .,in
approximately-56% of the concrete deck proposed for re,pl.a,cement;,
and
WHEREAS,, in order to accomplish the Tannedstructural
repairs in the decking of the stadium, the removal of the form
board containing asbestos is also.;required; and
WHEREAS, the Environmental Protection Agency, EPA).,. has
ruled that - asbestos presents, a significant risk- to the -human
health,-andit,is therefore a hazardous air pollutant; and
—WHEREAS, sufficient time does not exist- for formal.
competitive sealed, bi ddi ng,-, procedu.res< for contracting out ....-ah
a,blatement,.company,for the removal of asbestos. containing decking;
and.
WHEREAS, .:Junds for.:. repai,rs and improvements a. r, p
avail.able,.-,,from the: Capital -.Improvement Project NO$ 4 0 _Z1
entitled.",Orange Bowl Modernization: Phase: II' -;,.,and
WHEREAS,,: the, .City Manager has made, a.. written,, J i ndfn 9'
-, _f or that.. emergency .,additional support., work,: is required rthe
abatement.; of. the; asbestos present ;in_ the form.. - board that it :a
part of. - the ,,south . upper deckof. the stadium, an.d.._,thq, pro,curemen't,
4
o U..the,.necessary s-erv,i.ces, materials and/ort:equ,ippent.,., e,qu r,,ed
do .the,., abatement :,work are necessary -to safeguard the property,,
2
. ... ....... .. .
9
y..
a;
welfare and- convenience OV the Citys thus -constituting a valid
publ is timer gancy and Justifying the waiver, of formal seal ed bid
procedures, and
;WHEREAS, Sections.18-52.5 and 15-52.5 of the Code of the
City of Miami, Florida,,as amended, provides for the City.Manager
to waive competi.ti ve seal e,d bidding requi rements based on „a
.<p
finding of.an emergency and, directs that suchprocurement.be made
with as much competition .ispracticable under,the circumstances;
}
and4
F
. T
WHEREAS, the herein resolution has been the subject. of ,a
properly advertised public hearing before the City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION.OF THE
C17Y.OF MIAMI, FLORIDA:
Section 1. The -recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
'
Section 2. By an affirmative vote of four -fifths (4/5ths)
of the members of the City Commi.ssi on, ,:the .City Manager's finding
that. a valid public emergency exists. justif in the waiver of
Y- 9
formal competitive sealed bid procedures for certain specified
support .work- ;for repairs and improvements to . the Orange Bowl'
'
Stadium_is hereby ratified, confirmed and app.roved.
Section 3. Formal competitive sealed bid p'rocedures. for ,the
G
i'
procurement of services, material and equipment necessary for
.said 'repairs •and, improvements are hereby waived.
1tlt
3 , -
ITY
C 6P MIAMI, FLOIDA
INTER -OFFICE MEMORANDUM
to,
Ho'norabl a Mayor and DATE :NOV 1 1.'1�7� PILE
Members of the City Commission
sUEUECT : Resolution for Repairs
to the Orange Bow
Stadium: Emergency Waiver
FROM :
C e a r t1 • b f� i o REFERENCES
city Manager
ENCLOSURES:
a_
a
<r
R�COMMENbAT�ON:
respectful l y r.ecomm`ended `that the City Commi ss i on adopt the `
.d,.
attached.. `resol uti'on which waives formal competitive seal ed' bi
procedures for certain additional support. work that had `to, be.
conducted; in order to- accomplish the planned structural repairs
i
and improvements to the Orange Bowl Stadium to make possible the
`
readiness of the Stadium for the beginning of 1991 football,
season -based, upon the City Manager's,writte'n finding, that a
valid public emergency exists justifying such, waiver.. The.
r'esol ution'- also authorizes the .City Manager., to execute... the:
necessary. contracts and issue `Ipurchase orders.fbr..the .reguired1.
goods and services (construction, materials,_ and. equipment).and
allocates funds in an amount not to 'exceed $195,000 from t,the.
`i
Orange Bowl Modernization Project - Phase II (C.'I.P. No. 404238)
:t
BACKGROUND: r
j,
The.. Department of _ P'ub1 is Works and Urban "arch tects, : I,nc. , the f..
1`
archi tectural ' engi ne'er`i ng firm, presently under contract: wi t, th.e
Y
�f
City for "the ' Moder;ni zati on Project, had prepared, a schedule of ,
.
work for` the structural improvement: of';the Orange Bowl ..Stidi:'um 04
y.earl:y 'basis. `As ; a part ' of the 1991 improvements is was
.
proposed the �rep1acement -of 580 joist=, :25; 000; sq.:ft,. of decking; t
the construction of :the golden cane seating, and 'miscellaneous
'
repairs to the structure of the stadium.
During the demolition process of the stands _in th`e' south ''uppert
deck of the stadium, it was suspected that :the form board
'to,
'
originally, used . - pour >i n ; pl ace the concrete decking: 'of the
stands,. possibly contained, asbestos. A survey', "'-sampling and.
s zk
assessment was conducted by Law Engineering,- to evaluate the''.
Y'
presence of asbestos.;.; On;,.June 26., ,1991, Law Engineering .produced,
a report confirming the presence of asbestos in approximately 55%
of the deck scheduled to be removed.qj
Y
1
t
�
r
Aar
}
Honorable Mayor and Members
of the City Cotwi'ssior�
Th'e Environmental ' Protection Agency (EPA) promulgated rt�f'1e 40
CFp, part 619 under Section 1126 of the Clean Air Act (CAA) fo'n
a signifcafi
asbestos emission, ruled that asbestos
risk to the human health as a result of air
presents
emission from one o.r,
K
more source categories. Asbestos has therefore been categorized
u
,f
as a halardous air pollutant.
`
The potentially hazardous conditions required an emergency action..
to the human health, to maintain the`
I-
in order to prevent any risk
required. pace of work, and to _assure that most of the proposed;
`
repairs were accomplished before September'12 1991, date of the'
first game for the University of. Miami. Said deadline does n;o,
the normal requirements ot
allow sufficient time to meet
j
competitive sealed bid procedures.:'
On thi s basis, the City Manages has made a written find ndi n'g_,
(attached) that these repairs` constitute an emergency si,tuat1'0In
requiring particular action to protect the health, safety, and,
welfare of residents and the convenience of the City.. It is'
further recommended. that formal` competitive sealed bid proce"dun`s.
be waived ' fo.r`' thi'this'work, in accordance with Secti on 18-52.5 and
18-52 '6 of the City Code.
By adoption of the attached, the City Manager would be authorized.-
to execute the necessary contracts and issue purchase orders fo't`-
the goods services for this. work _ i.n an amount, not to.
„needed .and
exceed the' total $195,b00. Said total consists.of $85,000.for,.
j
.of
Law Engineering, $82,lnf) for MCO Env'ironm.ental Inc., 10,0OC.0,0
for Fernando, Gomez=Dino . and $17`,.900 ,for . _estimated.expenses:
'
i ncur'red by the {City. Funds i n that amount `ar.e. presently;
available the , Orange Bowl Moderns za,ti on : P,roject. (Capita
Improvement Project No. 404238).
a
5 " r
a M
i.J
s
Page 2 of 2
91— �Q1
i
f
....w..-./. . .W.. 1.1V1.1wnh11WWM
t FILE WE NOV 21 1991
SU6JEC7 Emergency ndi ng: Waiver
Formal Bid Procedures for
of
r
Asbestos Removal at the Orange
Bowl
b `Od i o Cesar H.
City Manager
_
eNCLOSURES
This memorandum serves as the written finding of a valid public
emergency for certain additional support work that had to be
conducted in order to accomplish the planned structural repairs and
improvements to the Orange Bowl Stadium under the "ORANGE: BOWIE.
MODERNIZATION PROJECT, PHASE It (1991), B-3231-C," prior to the
1991 football season. This finding is based upon the following:
"
* During the demolition process of the stands of the .SouthJi
upper deck of the stadium, it was suspected that the form
• board originally used to pour in place the concrete decking
of th'e stands was 'thought to possibly contain asbestos.
* Asurvey,' sampling and asssessment was conducted by Law
-
Engineering to evaluate the presence of asbestos. On June
26, 1991, Law Engineering produced a report confirming the
presence of asbestos in approximately 55% of the,, deck:,
scheduled to be removed.
* The Environmental Protection Agency (EPA) promulgated rule
40 CFR, Part 61, under Section 112 of the Clean Air Act
(CAA) forasbestos emission, making the determination that
asbestos presents a significant risk to the human health:a,s
a result of air emission tests from one or more source
categories, and is therefore a hazardous air pollutant.
* The potentially ,,hazardous_ conditions require -emergency-
action in order to prevent any risk to the human health and
to maintain the required pace of work to ensure that most
of the`'pr6posed repairs were accomplished before September
'!
12, 1991. The date of the, first .game played ; by th.e, ;
University of Miami .'
,r
* Said dealine does not "allow sufficient time to meet the
normal requirements of competitive sealed bid procedures.
Such conditions indicate the need for extraordinary, measures -to
S_
-
protect the welfare and the convenience of the City. In order to
i nitiate and complete these improvements by September
,i2., ,;1991r'
formal competitive sealed bid procedures shall be ;waived for th'e
procurement of goods and services (construction, materials, an&/or,
equipment) requi red for this project, pursuant to Sections 1$-52.5
s
}
_ and .6 of the City Code.
0. - - - 0'
1,
s,,.