HomeMy WebLinkAboutR-79-0510RESOLUTION NO. 7 9 - 5.1 O
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH
WISS, JANNEY, ELSTNER AND ASSOCIATES, INC.
FOR THE PURPOSE OF DETERMINING THE
STRUCTURAL INTEGRITY OF THE ORANGE BOWL`
STADIUM FOR A FEE- NOT TO EXCEED $25,�,SUPPORTIV000
AND THAT THE FEE SHALL BE SUBJECT TO E
PAYMENT FROM RETAINED EARNINGS OR THE DOCUMENTS
DADE COUNTY 2% RESORT TAX
FOLLOW"
WHEREAS, Resolution No`. 79-336 authorized the
City; Manager to
negotiate an agreementwith the firm of
Wiss, Janney, El3tner and Associates, Inc. for 'a structural
survey and analysis of the OrangeBowl Stadium to determine
its structural integrity, with said agreement being
submitted to the City Commission prior to execution.; thereof;
NOW,,'THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI,FLORIDA:
Section 1. The City Manager is hereby authorized
to execute the attached agreement-withthe `firm of Wiss, Janney,
Elstner and Associates, Inc. for a"structural survey"and'
analysis of the Orange Bowl Stadium to determine its
structural integrity,with the fee for such; services not
to exceed $25,000 subject to payment from retained earnings
or the Dade County 2% Resort Tax proceeds.
PASSED AND ADOPTED this 23rd
1979.
ATTEST:
ler
PREPARED AND APPROVED BY: AP
• 1 is L A t(IC
Assistant City Attorney
day 0
July,';
ITEM NO
Maurice A. ;; Ferre
vOEX
.
MAURICE A. FERRE,;M A" YO:R
OVED AS
TO FORM AND CORRECTNESS:
George
City A
I
, Kno
orney
LION
MEETING OF
JUL23 1979
„79-510
o�
.41
transfer; recruitment or recruitment advertising; layoff or
termination;. rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The PRINCIPAL"
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to_be provided by the Personnel
Officer setting
Clause.
forth the provisions
of this Equal Opportunity
B. The PRINCIPAL will, `in all solicitations or advertisements
for employees placed by or on behalf
f the PRINCIPAL, state that
all qualified applicants will receive consideration for .'employment
without regard to, race, color, religion, sex or national`. origin.
SECTION XV - CONSTRUCTION OF AGREEMENT
The parties hereto
agree that this Agreement shall °be
construed and enforced according to the laws, statutes and case
law of the State of Florida.`
IN WITNESS WHEREOF the parties hereto have !:individually ;'and`
through their proper corporate officials, executed this Agreemen
the day and year first above set forth.
ATTEST:
•
Secretary
C.i~ilfz
ATTEST:
� � 1
City
Clerk
WISS,'JANNEY,.ELSTER","ASSOCIATES,
BY':
INC.
Chairman $ Chie.f
Executive Officer
r/
THE CITY OF. MIAMI (a municipal
corporation of the State of Florida
BY:
APPROVED AS TO CONTENT
c.,._
i C\1...C` . - - '.- ._. (t./...;()-- k,-....
Director, Department of Public Works
PROV D AS TO F
M AND CORRECTNESS
City At ,orney,
10 -
Cit> tanager,
u�S��.;.���RT
IVE
DOCUMENTS
FOLLOW„
Employers Liability
Insurance in amounts
as indicated
in Para`graph"A" above
E. Workman '`,s.Compensation Insurance in the statutory amounts.
The insurance coverage required shall include those ,clas"sift-
cations as listed in standard liability- insurance manuals, which
most nearly reflect the operations of the PRINCIPAL
All insurance policies shall be issued
by companies
authorized
to do business under the laws of the State of Florida; and which
are approved according to specifications of the Property Manager
of the CITY.`.
The PRINCIPAL shall' furnish certificates of insurance to the
CITY prior the commencement' of operations which certificates
shall clearly indicate that the PRINCIPAL has obtained insurance
in the type, amount and classification as required for stric
compliance
with this Section and that no material change or
• cancellation'` of. the -,insurance :shall be effective without thi'rty;,
(30)
the PRINCIPAL
days written notice to the C.ITY..:
Compliance with the foregoing requirements shall not
�f its liability andobligations under this Section
or under any portion of this Agreement.
SECTION XIII - RELATIONSHIP OF PARTIES
relieve
It is understood that professi`onaland technical services of
PRINCIPAL constituting the WORK hereunder shall be performed in-
accordance with generally' accepted engineering ;standards .in the
community. Nothing in the relationship between PRINCIPAL and CITY
shall be construed to imply partnership or joint venture, and
PRINCIPAL will at all times retain its status as -an independent
contractor.
SECTION XIV - NON-DISCRIMINATION
or
The PRINCIPAL will not discriminate agains
applicant` for employment
or natural origin.
because of.race,
The PRINCIPAL will take
any employee
color, religion, sex,
affirmative action to
ensure that applicants are employed, and the employees are treated
during employment, without regard to their race color, religion,
or natural origin. Such, action shall' include, but not 'be
sex,
limited` to, the following Employment, upgrading,`
emot
i On`, or
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AGREEMEN'T
THIS AGREEMENT made this day of , A.D., 19
by and between THE CITY OF MIAMI, a Municipal Corporation of the
State of Florida, hereinafter cal led CITY and WISS, JANNEY ,
ELSTNER AND ASSOCIATES, INC . , Illinois corporation), herein
after called PRINCIPAL.
WITNESSETH
THAT WHEREAS, the CITY proposes to have made a structural'
study and evaluation of the Orange Bowl Stadium; hereinafter
called PROJECT; and
WHEREAS, the CITY has. programed $25,000.00 to finance the
the professional fee and other expenses of the WORK; and
WHEREAS, the CITY desires to engage an engineering 'firm to
render the necessary professional and technical services hereinafter
called called WORK, upon the terms, conditions and provisions hereinafter
WHEREAS, the Commission of the City of Miami has authorized
the CITY MANAGER to prepare invitation proposals for architectural -
engineering services in accordance with State Laws and Administra-
tive Directive No. 1.25 for the Orange Bowl Structural Study;
further directing the CITY MANAGER to receive said proposals and
submit his findings to the City Commission for its considerations;
and
WHEREAS, •the Commission of the City of Miami by Resolution
No. 79-336 adopted 22 May, 1979 selected the firm of WISS, JANNEY,
ELSTNER & ASSOCIATES, INC . and authorized and directed the CITY
MANAGER to negotiate an Agreement with said firm for the professional
and technical services required for the WORK;
NOW, THEREFORE, the CITY and the PRINCIPAL for the
considerations hereinafter set forth, agree and covenant, one
79-510
SECTION I
GENERAL
The PRINCIPAL shall
dispatch in a sound, economic
carry out the WORK with all applicable
a1, efficient and professional manner.
The provisions of all applicable Federal,. State:and .Local' Laws
must be met; and
&. The PRINCIPAL shall perform the professional and technic
services
as hereinafter set forth an
al
in general accordance with
the instructions of the CITY; and
C. The CITY h
as budgeted. the amount ,of $25,000.00:for 'the
:
WORK,.
....The CITY agrees to-pay,and the PRINCIPAL agrees to accept
in full for all the professional.and-technical servic-es
: as out.lined,in SECTION ,III: -`PROFESSIONAL SERVICES, a'
as payment
rendered,
fee: basedon.the Schedule of Charges -,;listed _hereinafter -whic
shall not exceed $25,000.00 for a complete and, usable report
the stadium
SECTION II.-
s condition. , tt� (`.PORTI V.G
DEFINITIONS..-
DOCuu E NETS
CITY" - is hereby defined as h `'CrtT(of Miami, Florida.
CITY MANAGER -„is"hereby defined as the City Manager of
on
the CITY.
C.DIRECTOR - isherebydefined as the Director of the
Department
of Public Works of the CITY.'
• PRINCIPAL - is hereby defined
ASSOCIATES.
WORK is hereby defined
as_ WISS, JANNEY, ELSTNER &
as allthe professional an
technical services..to be rendered or,
provided by -the PRINCIPAL
for the structural study and evaluation of the Orange Bowl Stadium.
F. PROJECT COORDINATOR - is herebydefined as the PROJECT
COORDINAfOR for the CITY to be named by the CITY at a later date
G. PROJECT MANAGER - is hereby defined a s the MANAGER of
the
SECTION
III ':=-PROFESSIONAL SERVICES.
The PRINCIPAL shall perform the following professional and
technical services.
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aTi6Y.ttfF3 R'CiAlr.'A.L`�"Fib. � �•��'—+.
This
Perform the investigation of the Orange Bowl._ Stadium in the
following phases:;
Visual :inspection
Material evaluation
C. Structural assessment
D._. Development; of: remedial recommendations
E. Cost estimates for proposed remedial work
F. Rccomrncndatjons for future maintenance';
G . Final; report
phased procedure will allow preparation of -a report in which
existing conditions can be documented, observed deterioration can
be evaluated, and procedures suggested for, repair or future
maintena
nce.
VISUAL INSPECTION
-
A visual inspection of t he. entire structure will
made by the Project Manager, assistedby a staff��',.
engineer or senior -level technician
The documentation of this inspection will be
accomplished by a combination of notes`, sketches and.,
photographs of significant conditions This documen-
tation will be keyed to specific locations within the
stadium so that this information may serve as a data.
base for comparative reference at any future time
MATERIALS EVALUATION
At the conclusion of the visual inspection, the
Project Manager and his assistant will : examine the data.
Upon completion of the assessment of these data, a :.plan`
for materials testing will be developed.
If required, concrete cores,. will be removed for
determination of compressive strength and chloride content.
Steel samples may alsobe obtain.ecl= fo.i..deter-mi•walti-on of
physical properties, if such information is not already
available. Chemical tests to=determine the suitability.`
or welding may also be made.
79-510
eeN
STRUCTURAL ASSESSMENT
Analytical studies will be made of 'the conditions."=.
of concrete and steee1 deterioration observed "during
the visual inspection. The results of this analytical
work will determine the need for and extent of remedial
work required to assure the structural safety of the,
stadium.' This work will done
by the Project, Manager,
assisted bystaffmembers with appropriate expertise.
DEVELOPMENT' OF REMEDIAL RECOMMENDATIONS ..
The conditions of the structural members in the
stadium will be divided into three' general <categories,
as follows
"SUPPORTIVE
DOCUMENTS
FOLLOW"
1 Structural
conditionis °good, with no
deterioration
orsigns of distress and
requiring no remedial workor repairs.
Deterioration which has not resulted in
structural deficiencies, and which needs
only to be stabilized to prevent continuing
degradation.
Deterioration or distress which has reduced
the structural capacity so that inadequate
•
factor of safety exists, requiring
strengthening
work and/or replacement of structural components.
Recommendations addressing the second and `third
categories will' be developed. These recommendations will
be in. text form illustrated with sketches', not in the
form of construction plans and'
specifications.' This work
will be done by the Project Manager, assisted as needed
by other members of the staff._
E COST ESTIMATES
Cosa estimates in current dollars'wi1f be.made for
therecommended remedial: work as the repair'
recommendations
are developed. The cost effectiveness of various schemes
wi11 be instrumental in selecting', appropriate repair
techniques.
F. FUTURE MAINTENANCE
In the final phase, •procedures for future inspection
and maintenance of the stadium by the engineering staff
of. the CITY will be addressed. Specific recommendations
will be presented.
FINAL: REPORT
At the conclusion of this study, a final draft and
written report will be prepared which will summarize
the work performed in each of the phases. This will
confirm that the stadium is safe for continued use, or
to define the deficiencies and ,present approaches that
will lead to their correction.
The following features of the stadium need not be evaluated
as part of the WORK:
(1) The main press box structure on the exterior
of the south side of the stadium.
(2) The east end zone speaker tower.
(3) The eight main light towers.
SECTION IV - CITY4S SERVICES AND'RESPONSIBILITIES
A. The CITY will make available its files, plans and
records for the use of the PRINCIPAL.
B. The CITY will provideladders and scaffolds that may,
required by the PRINCIPAL.
C. The CITY will appoint a PROJECT COORDINATOR to act as
other
3,
liaison between the CITY and PRINCIPAL, and the PRINCIPAL will
not start work nor incur expenses without having received written
authorization from the PROJECT COORDINATOR to do so.
SECTION V - COMPENSATION FOR SERVICES
Full payment •for all prefessional and technical services
associated with the WORK will beas follows:
Tirne Charges (per hour)
- " ", , • , ,
Principal
Senior Consultant
SECTION
Consultant
Senior .Engineer,.etc..:
Engineer`, etc.:
unior. Engineer,
etc.':
Engineering Assistant
Senior Technician
Technician
Junior
Technician"
Expenses
Public transportation, subsistance
and out-of-pocket expenses associated
with travel; expended materials for
field and laboratory investigations;
communications, reproductions and
shipping charges:
Company or personal cars:
Company trucks or vans:
Equipment Usage
Approximately equalto one percent',
of theoriginal cost per day,
subject to minimum usage
Computer Usage
HP
9830
OutsideConsulting
or. ;Testing 'Services
VI SCIiEDULE OF WORK
50.00
42.50
2.50
2 7.5
25.00
20.00
17.50
15.00`,
t cos:
0.175/mile
0.25/mile:
` `1 • ' c
SU r S
Basic charge $15.00/hr
Service ;charge plus
10 percent :for related
expense:
At `cost
The PRINCIPAL agrees, that time is of<the essence in the
achievement of the PROJECT and further agrees to execute the
professional and technical services promptly and diligently.
The WORK shall be completed and the final report submitted
no later than ninety (90) calendar days after the date of notice ..
to proceed with the WORK.
any time prior to
SECTION VII,- TERMINATION:OF'AGRCEMENT
The CITY retains the right to terminate this Agreement at
completion of the WORK without penalty to the
CITY. In that event termination of this Agreement shall be in
writing to the PRINCIPAL and the PRINCIPAL;. shall be -;paid for his
services rendered.....
SECTION VIII AWARD`OF AGREEMENT
The PRINCIPAL warrants that he has not employed or retained
any company or persons
that he has
'solicit or secure. this Agreement and.
not paid or agreed
pay any company or person
fee ,.commission, percentage, brokerage
fee:, or,`gifts or any
any..
other.. considerations contingent upon or resulting from the award
making of this Agreement.:
The
PRINCIPAL, also `warrants that to the best of his 'knowledge
and belief no Commissioner, Mayor .or::other
:,
the CITY is interested directly or indirectly in the profits or
emoluments of this Agreement or
CITY in ',Connection
Ag re
who
officer :or emplo'y.eeof.
the job.,. work ,":or services
for, the
with the contract or construction of this
PROJECT.
The PRINCIPAL shall not engage during the period. of this
emen.t the services of any professional or technical person
has been at`.any ..time `during :the period of` this Agreement
the employ
of
the CITY
of the CITY,. This does not apply ret.ired''empl:oyees.
•
The. PRINCIPAL: is aware of_:the 'conflict
both: the
interest=`' laws o
City of Miami and Dade County,' Florida, and agreesthat
fully comply in, all respects with the - terms o f 'said
he,'shalt :
SECTION
IX = -EXTENT .OF AGREEMENT:
This: Agreement represents the entire
and integrated
laws.
Agree=
ment between the CITY and thePRINCIPAL and supercedes."all `:prior
negotiations, representations or Agreements; either` writtenor
oral. This; Agreement may be amended.only by written instrument
both the CITY and the PRINCIPAL...
111IUUU11 IIIIU11111111 11111111
79-510 4
D.4
.41
This Agreement
SECTION X - SUCCESSORS AND ASSIGNS
.The PRINCIPAL shallmake no assignments or transfer of ;thIs:
Agreement,`or sublet, assign or transfer any part of the WORK
under this Agreement without the written consent,: of the CITY-.
shall be
heirs, executors, legal
binding upon the parties hereto, their
representative, successors and assigns.
SECTION XI - RIGHT TO AUDIT.
The CITY reserves the right to audit the records of
the
PRINCIPAL any time during the prosecution of this Agreement and
for a period of one year after final payment is made under this
Agreement.
SECT.ION,. XlI
INSURANCE AND INDEMNIFICATION,
The PRINCIPAL shall not
commence work on this Contract until.
he has obtained all insurance required underthis paragraph and
such insurance has
The
any and all
been approvedby the: CITY.
PRINCIPAL shall indemnify and save
claims,
may arise out of
Agreement.
the , C ITY;`harmless from
iability, losses and causes of actions which
the PRINCIPAL'S negligent operation of this
The PRINCIPAL shall pay all claims and losses ofally nature
whatsoever in connection
the name of. the
judgements
the
therewith and
shall defend all suit
CITY,'when app"licable,'`and shall pay all costs
which may issue thereon.
The PRINCIPAL shall maintain during the term
following insurance:
of this
in
and.
Agreement
Public Liability Insurance in amounts not less than
$300,000.00 per occurrence for 'bodily injury and'$50,000.00 per
each occurrence for property
owned. and
Automobile Liability Insurance covering
vehicles in
per person and $300,000.00 per ;occurrence.
C. Professional Liability Insurance ;in a minimum, amount
all owned, -non
$1,0.00,000.00 covering all liability arising
Agreement.
8
Emplorers Liability Insurance in amounts as indicated
in Para'graph "A"`above.
E. Workman.'s Compensation Insurance in the statutory amounts.
The insurance coverage required shall`include`those classifi-
cations. as listed in standard liability insurancc.manuals,which
most nearly reflect the operations of the PRINCIPAL.
are
All insurance
policies shall be issued by companies,
authorized
o business under the laws of the Statef Florida; and which..
approved according to specifications of the Property Manager.
f the CITY.
The PRINCIPAL
insurance :to ,the:
CITY prior to the coinmencement of operations, which certificates
shall clearly indicate that the PRINCIPAL has obtained insurance
hall furnish certificates
in the type,,amount and classification as required for strict
compliance with this Section and that no material change" "or'.;
cancellation of the insurance shall be. effective without. thirty
(30) days writtennotice to the C.ITY.';
Compliance with the foregoing requirements shall not "relieve
the PRINCIPAL of its liability and obligations under this Section
or under any; portion of this Agreement
SECTION.XIII- RELATIONSHIP OF PARTIES
It is understood that professional and technical services.of
PRINCIPAL constituting. the WORK hereunder shall be performed in
accordance with generally; accepted engineering standards in the"
community. Nothing in the relationship between PRINCIPAL and CITY
be construed to imply partnership or
shall
PRINCIPAL will at
contractor.
SECTION
joint venture, and`
all times retain its status as an
XIV` NON-DISCRIMINATION
independent
The PRINCIPALwill not discriminate :`againstany employee
or applicant for employment because of race; color, religion, sex,
or natural origin. ThePRINCIPAL -will take affirmative action to
ensure that applicants are employed, and the employees are treated
during employment, without regard to theirrace, color, religion,
sex,
or natural origin. Such action shall include, but not
limited to,
the foliowing:
Employment,
pgrading, demotion, or
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:c�l�nL2$:6S1F3f''�`Yi�1:fFii41'Li'14�.--a.Ywsw3
transfer; recruitment or recruitment advertising; layoff or
termination
rates ofpay or other forms of compensation; and
selection for training, including apprenticeship. The, PRINCIPAL
agrees to post in conspicuous places, available to employees and
applicants for employment; notices to be provided by the ;;Personnel
;
Officer setting forth the provisions of this Equal Opportunity
Clause.
B. The PRINCIPAL will, in all: solicitationsor advertisements
for employees placed by or on behalfof the PRINCIPAL, statethat
all qualified applicants will receive c.onsideration for. employment
without regard to race, color, religion," sex or national origin.
SECTION XV CONSTRUCTION" OF AGREEMENT
The parties hereto agree that this Agreement shall be
construed andenforced according to the laws, statutes" and case
law of the State of Florida."
IN WITNESS WHEREOF the parties: hereto have individually and
through their proper corporate officials, executed this Agreement,
the day and year first above set forth.
ATTEST:
,t
Secretary
.ti
L.iL illy'
ATTEST
City
Cler
JANNEY, ELSTER F, 'ASSOCIATES,
BY:
Chairman $
INC.
Chief ,Executive ;Officer
THE CITY OF MIAMI, (a municipal.,
corporation of the State of Florida)"
B
APPROVED AS TO CONTENT
.'4.--...;\/A 1
Director,<Department of Public Works
PROVL:D AS TO F M AND CORRECTNESS
City At -orney
- 10
City
Manager
''SUP'ORTIVE
1
DOCUMENTS
FOLLOW„
TO;
Joseph R. Grassie.
City Manager
F+;oy: Donald W. Cather
Director
D'oartment of Public Works
July 18, 1979
B-2771
ORANGE' BOWL STRUCTURAL'
INVESTIGATION Resolution
Authorizing City;Manager to
Execute Agreement: Between
City and Wiss, Janney,
Elster;' and''Asso;ciates, Inc.
(For Commiss'ion,Meeting
.of July . 23, `1979)
The'Department of;;Public Works recommends
adoption -;'of the resolution authorizing'! the
City; Manager,to execute agreement between'
the Cityof:Miami and=Wins, Janney, Elster
and Associates, Inc. for'a structural
survey and analysis,of the. Orange Bowl.
Resolution No.'79 336 dated May 22, 1979 directed the
City Manager to negotiate. an agreement with the firm
of Wiss, Janney, Elster: and -Associates, Inc. , for a
structural survey and analysis'of. the Orange Bowi to
determine its structural integrity.
Attached is the agreement between the; City and the' firm
of=bliss, Janney, Elstner and`' Associates, Inc., signed by
Jack R. Janne,y,-.Chairman,andChief;Executive Officer.,
JAH:hc
Resolution attached
510
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