Loading...
LTC 114-2003CITY OF MIAMI BEACH Office of the City Man,aggr Letter to Commission No. //z/.f,2~z~L~ To: From: Subject: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~.~,~ City Manager CWA GRIEVANCE Date: May 13, 2003 It has come to my attention that the Communications Workers of America (CWA) distributed a grievance form to the attention of the Mayor and each Commissioner. The collective bargaining agreement which was ratified and agreed to the City and Union outlines the procedure for handling grievances under article 4, GRIEVANCE PROCEDURE. The City will be responding to the grievance according to these guidelines. Due to the serious nature of the allegations, the Property Management has already prepared a comprehensive response, (see attached). This attachment includes two reports from the Department of Environmental Resource Management, (DERM) which were in response to anonymous phone calls made to this Agency about the Byron Cadyle. CWA has been reminded and encouraged to follow the procedures in their collective bargaining agreement. JMG\MDB\LG\mr cc: Mayra Diaz Buttacavoli, Assistant City Manager Christina Cuervo, Assistant City Manager Bob Middaugh, Assistant City Manager Fred Beckman, Public Works Director Brad Judd, Property Management Division Director Ramiro Inguanzo, Chief of Staff Linda Gonzalez, Labor Relations Division Director ~ - The City agrees to provide, at no cost to the employee, any appropriate safety equipment required to be worn or otherwise ut~Zed by the employee. This shall include such items as h~ud hats, gioves, etc. Those employees issued such equipment w/~ be respons~le for such safety equipment, ~nd any loss or damage due t~ the neglect of the employee require the employee to pay for the replacemen~ of said City-issued equipment.' CITY OF MIAMI BEACH BARGAINING UNIT GRIEVANCE PROCEDURE FORM UNION GRIEVANCE #:J.F. 036 / 10..2003 LABOR RELATIONS GRIEVANCE #: Instructions: Spaces 1-9 should be ~rinted so that the same information appears at all steps. The lower ~ortion is to be com?leted at each ste~. 1. Bargaining Unit: COMMUNICATIONS WORKERS OF AMERICA (CWA) - LOCAL 3178 2. Date grievant(s) became aware of the alleged violation(s): 3. Grievant's Name(s) & Classification(s): On going C.W.A. Local 3178 4. Grievant's Department/Division & Telephone Ext. 7630 s. Grtevant's Immediate Supervisor & Telephone Ext. 7630 Class Action Class Action 6. Statement/Nature of Grievance: Union members are being required to work at the Byron-Carlyle Theater, which is contaminated with, mold, mildew, and lead paint. The union considers this practice to be an unfair, unjust discipline of our members ,not to mention unnecessarily dangerous. 7. contract Article(s)Alleged Violated:_ Article 4 section 4.4, Grievances involving Discipline. Section 4.3(c)Special Provisions. Article 9.Section 9.8 Safety COPY 8. Suggested Adiustment: Stop requiring our men to work in an unsafe environment (Byron-Carlyle theater) Properly abate all contamination prior to having our men on any job where contam~is present. 'Grienvant's -- -- -- ~,'~[j~ I~re~entative's Signatd~e ' Date TO BE COMPLETED, SIGNED I. BLU~IIf~K AN/D P~ESENTED AT EACH STEP STEP 1 - RESPONSE (FROM DIVISION TO PRESENTER) __ (state how): Grievance Denied (state why): Grievance Resolved (signature/title) Date: Received by (Print): Date: I Received bY (signatUre/title): ~Pl~--s~nt~d bY (s~ ' ~ Oatai I STEP 2 - RESPONSE (FROM DEPARTMENT TO PRESENTER) __ (state how): Grievance Denied (state why): Gdevance Resolved (s gnature/title). Date: Date: Received by (Print): STEP 3 - RESPONSE - Reply from City Manager's designee/Labor Relations is attached (signature/title) Date: Received by (Print): Date: APPENDIX to and CWA COMMUNICATIONS WORKE~RS OF AMERICA LOCAL 3178 ELECTION OF REMEDY FORM Grievance No. This form must be completed and signed at the initial step of the grievance procedure. Employee must elect, sign, and date only at the initial step of the grievance procedure: ? 1. ~r Grievance Procedure: I/We elect to utilize the Grievance Procedure contained in the current Conlx-act between the City of Miami Beach, Florida, and Communications Workers of America (CWA). I understand that this choice precludes my utilization of the Personnel Board. Signature Date I g :£ Nd I g ~d¥ gO THE CITY OF MIAMI BEACH PROPERTY MANAGEMENT DIVISION 1245 MICHIGAN AVENUE MIAMI BEACH, FLORIDA 33139 (305) 673-7630 fax (305) 673-7963 To: From: Subject: Linda Gonzalez, Labor Relations Director Brad A. Judd RPA, FMA, CGC Director, Property Management Asbestos (DERM) Issue at the Byron Carlyle Theater May6,2003 To respond to allegations made by the CWA Union and anonymous calls to Miami-Dade Department of Environmental Resource Management (DERM) citing improper or illegal actions on my part as the General Contractor of Record for the project, the following is a chronological history of actions taken to ensure the compliance of Building Code requirements and the safety of contracted and internal workers on the project: 1) Feasibility Study; On November 17, 2001, a feasibility study of the property was completed by Property Management and submitted to the City Manager that recommended asbestos and roof surveys be performed to determine proper construction costs estimates if the City were to purchase the facility. 2) Environmental Site Assessment; On January 26, 2001, a site survey was started and on February 2, 2001, ATC Associates Inc provided a complete environmental site assessment of the Byron Carlyle Theater that included a review of public environmental agency, historical records, and site observations. The scope of the ESA was consistent with the American Society for Testing and Materials (ASTM), Standard Practice E 1527-97. The report of all three measures revealed "No recognized environmental conditions in connection with the site" and that additional assessment "does not appear to be warranted." (attached). 3) Asbestos Survey and Report, At the same time as the environmental site assessment was being performed, ATC Associates Inc. perfo,med an asbestos survey of the facility. In the asbestos survey, over 65 samples of materials throughout the building were taken and analyzed by Hygeia Laboratories Inc. for the presence of asbestos containing materials (ACMs). The asbestos report showed ACMs only in the exterior plaster surfaces of the building, black mastic used on the insulation ofductwork, and in some of the old floor tile. The interior ACMs were all determined to be non-friable. (attached) 4) Construction Cost Estimate; On February 10, 2001, I provided a construction cost estimate to the Manager's Office based on the construction of the entire facility that included a $100,000 cost estimate for the abatement or encapsulation of ACMs in the interior and exterior of the building. (attached) 5) Phase One Construction, Because the Phase One construction was contained to the open space existing common lobby area, ADA compliant restroom renovations, low partitions for offices, and minimal demolition of existing concession counters, there was no requirement for DERM approval by the Building Department to obtain a building permit. Because our design allowed the space to remain as an open space, there was minimal reconfiguration required of the HVAC ductwork. The existing floor tile that contained ACMs were floated to level with leveling compound and encapsulated with carpet covering. We obtained all required inspections and obtained the required CO to allow occupancy of the space. 6) Building Permit for Theater Space, After a complete plans review by the Building Department, on September 24, 2002, a master building permit was applied for to begin work on the performing arts theater project. Because of major demolition work to be done and as part of the permit plans review requirements, DERM reviewed the plans and asbestos report and signed off for compliance on the project on 7/29/02. The Building permit was issued on September 27, 2002. (attached) 7) Demolition and Revisions Permit, On March 18, 2003, a revision to the plans was submitted to the Building Department including additional demolition needs. To comply with permitting requirements. DERM also reviewed the plans and asbestos report and signed off for compliance on the project on 4/7/03. The permit is pending Fire Department approval. 8) First Anonymous Complaint to DERM On April 23, 2003, Property Management received a call from Lango Demolition Inc, the demolition contractor doing work at the Byron, who was contacted by DERM about an anonymous call they had received about illegal work on the project. The subject was about a 12"x 12" opening that had been cut in the South exterior wall of the building to provide for a fresh air intake for the air conditioning system that is required by building code. Although the area was under the 160 square feet of area that would trigger asbestos abatement requirements, DERM removed a sample of the materials and had it analyzed for ACMs. Dove Environmental Corp. performed the analysis of the samples and determined that there was no asbestos detected. (attached). This report was provided to the CWA Union and to Property Management staffon the day it was received. 7) Second Anonymous Complaint to DERM On April 30, 2003, Viviana Alemany (Construction Manager) with Property Management was contacted by DERM about another anonymous phone call citing illegal asbestos demolition at the project. Viviana Alemany set up a site meeting with DERM on May 2, 2003 for an inspection of the facility to verify the presence of all of the materials identified in the original asbestos survey conducted by ATC Associates on February 2, 2001. Based on the report provided by DERM on May 2, 2003, all of the materials were found intact, in place, and in good condition. The only exception was a discrepancy of the quantity of floor tile in the fire stairwells that are not included or part of the construction project. ATC Associates has been contacted to provide a response to this issue. See ( attached ) letter from Bruce Henderson. 9) DERM Recommendations and Comments Mark A. Roberts, a Pollution Control Inspector for Air Quality Management Division of DERM was the inspector at the May 2, 2003, inspection of the Byron Carlyle Theater. Present also at the inspection were myself, Viviana Alemany (Construction Manager), Ralph Moreno (Air Conditioning Supervisor), and Bruce Henderson from the City's Environmental Resource Management Division. Mr. Roberts said that the anonymous caller had said that the City was lying to DERM and that asbestos floor tile had been demolished and removed from the theater space. It took Mr. Roberts very little time to find that this was not tree. The theater space, like most theater spaces including the Jackie Gleason Theater, has never had floor tile. The floors are painted concrete with carpet in the aisles. Mr. Roberts said he had no idea why these calls were being made, as he found no violations of DERM requirements. During the meeting and at the previous anonymous call inspection, Ralph Moreno asked Mr. Roberts about disturbance of the duct mastic to connect new ducts as required by the new theater plan. Although Mr. Roberts told Mr. Moreno that to release fibers from non-friable asbestos mastics would require grinding, sanding, or crushing of the materials. He did make the recommendation to ease the concerns of whoever was making the calls, to have the small areas needed to be removed to connect the new ducts, abated by a asbestos abatement contractor. Although this would not be required by DERM or Building code as the areas did not meet the 160 Square Foot requirements, I advised Mr. Roberts and Ralph Moreno that we would follow these recommendations to ease any concerns of our employees about the work on the project. Conclusion; The City and myself, has followed all proper procedures to develop feasibility studies and construction costs estimates necessary to provide reliable information to the City Commission to help in their decision of the purchase of the Byron Carlyle Theater. Because I received no exemptions or exceptions to the rules and processes of any contractor in the State of Florida, and as the principle designer and General Contractor of Record for the project, I understand the building and have followed all of the requirements of the Florida Building Code, Florida State Statutes #489, the Miami Beach Building Department, and the Miami-Dade County Department of Environmental Resource Management in the design, development, and construction of the Byron Carlyle Theater project. In my twenty-four years of experience in interior design and in being an active State Certified (unlimited) General Contractor with over ten years with the City of Miami Beach, I have never been accused of any misconduct or illegal activities on any project that I have ever done. Also, It would never be my intension or direction to place any employee, internal or contracted, in any danger on any project that I have done, or will do, in the future. As the project's building permit is pulled through my personal license, I would also be held personally responsible and accountable, for any improper actions by the State of Florida Department of Professional Regulation and the State of Florida Construction Industry Licensing Board. I hope this provides the infommtion you need. If you have any questions, please do not hesitate to call me at x7630. BAJ Attachments 1) 2) 3) 4) 5) 6) 7) 8) 9) Environmental Site Assessment Executive Summary Asbestos Survey (Hygeia Laboratories Inc. Bulk Sample Analysis Report) Byron Carlyle Theater Construction Cost Estimate Report Summary Copy of the Building Pemdt application and the 7/29/02 DERM sign-offon the first Theater plan. Copy of the Building Pemdt application and 4/7/03 DERM sign-offon Revisions and Demolition Plan. Copy of DERM report from the first anonymous call and copy of the Dove Environmental Corp. report showing no asbestos present. Copy of DERM report from second anonymous caller that finds ACMs to be intact, in place, and in good condition. Copy of the United States Environmental Protection Agency's Code of Federal Regulation Chapter I (7-1-02) edition on regulation on Standards for Demolition and Renovation. (160 square feet and above requirements) Letter from Brace Henderson concerning ATC Associates Inc.quantity discrepancies for green floor tile in the Fire stairwells at the Byron Carlyle Theater Phase I Environmental Site Assessment Byron Carlyle Theatre Miami Beach, Florida 1.0 FOREWORD ATC Associates Inc. (ATC) performed a Phase I Environmental Site Assessment (ESA) of the The Byron Carlyle Theatre located at 500 71st Street in Miami Beach, Miami-Dade County, Florida. The site is a 0.58- acre property improved with a two-story, steel-framed, concrete block building. The site is located on the southern side of 71st Street, between Byron Avenue and Carlyle Avenue. This study was conducted at the request of The City of Miami Beach. The site visit was conducted on January 26, 2001 by Ms. Beth Zimmer and Mr. Robert Sport of ATC's Miami, Florida office. The ESA included a review of public environmental agency and historical records, site observations, limited asbestos sampling and analyses, and report preparation. The scope of the ESA was consistent with the American Society for Testing and Materials (ASTM), Standard Practice E 1527-97. This report includes ATC's findings, conclusions, recommendations and supporting documentation. - ATC Associates Inc. 1 Project No. 31.19623.0010 Phase I Environmental Site Assessment Byron Carlyle Theatre Miami Beach, Florida 2.0 EXECUTIVE SUMMARY At the request of The City of Miami Beach, ATC performed a Phase I ESA of the Byron Carlyle Theatre, herein referred to as the "site." The site is located at 500 71st Street, in Miami Beach, Florida and is situated in an area that contains a mixture of commercial and residential properties. The site consists of a 0.58-acre parcel of land that is improved with a two-story movie theater building and an associated asphalt-paved parking area. Prior to the current development of the site in 1968, the site was developed by a rectangular building located on the northeastern comer of the property. The reviewed city directories listed this former building as the "Normandie Villa Apartments" and the "71s~ Street Professional Building." The objective of the ESA was to provide a preliminary evaluation of the presence, use or release on the site of hazardous substances or petroleum products such as is defined in ASTM E 1527-97 as a recognized environmental condition. The ESA included a review of environmental agency databases and historical documents; visual observation of the site and neighboring properties; and limited sampling and analyses for the presence of asbestos containing materials. A summary of the findings and conclusion are listed below: · Review of current environmental agency records revealed no recognized environmental conditions in connection with the site. · Review of historical record sources indicated no recognized environmental conditions in connection with the site. · Observations conducted by ATC revealed no recognized environmental conditions in connection with the site. · Results of the limited asbestos sampling indicate that asbestos was detected the exterior stucco and in several types of floor tile and mastics. - ATC Associates Inc. 2 Project No. 31.19623.0010 Phase I Environmental Site Assessment Byron Carlyle Theatre Miami Beach, Florida .] '] -] 3.0 RECOMMENDATIONS Based on information collected from the site reconnaissance and record reviews, this assessment has revealed no evidence of recognized environmental conditions in connection with the site, and additional assessment does not appear to be warranted. However, based on information collected from the limited asbestos sampling and analysis, ATC offers the following recommendation: Review of the analytical data indicated that asbestos was detected in obtained samples of exterior stucco, vinyl floor tile and adhesive mastics. These materials were noted to be in good condition, with a low potential for disturbance. ATC recommends that these materials be handled under an Operations and Maintenance Program. · - ATC Associates Inc. 3 Project No. 31.19623.0010 ' YGEIA LABORATORIES, INC _ NVLAP Accredited t/200335-0 ~7lient Name Project # -'roject Name -Collected By ~Date Collected ~SLaample ID~ b ID BULK SAMPLE ANALYSIS REPORT City of Miami Beach 31.19623.0010 Task Byron Carlisle Theatre - 500 71 St. Robert Sport 01/26/01 ample escription Stereoscopic ~sbestos Description IType(s) Page 1 of 6 ~7 .IC13 iExterior Stucco ]Exterior Stucco iExterior Stucco Exterior Stucco Color Pink i Chrysotile Friable Yes Homogenous Yes Layered No Color Friable Homogenous Layered Color Friable Homogenous Layered Color Friable Homogenous Layered Pink Chrysotile Yes Yes No Gray None Detected Yes Yes No Gray None Detected Yes Yes ~ No ~ Batch 01-137 Date Received 1/26/01 Date Analyzed 1/30/01 Analyst J. Lopez AnalystSignature ~~.~ % Fibrous Components 5-10 Talc None Detected None Detected None Detected 1-2 % Non-Fibrous Components 1-2 ]Carbonates iSilicates Carbonates Silicates Exterior Stucco Color Gray ~ None Detected None Detected i Friable Yes Homogenous Yes ~ Layered No None Detecteo Carbonates iSilicates Color Friable Homogenous Layered Color Friable Homogenous Layered Color Friable Homogenous Layered Exterior Stucco Gray None Detected Yes Yes No Gray None Detected Yes Yes No Gray, Pink None Detected Yes Yes No i None Detected Color White,Gray Friable Yes Homogenous Yes r Layered No ]Exterior Stucco ;Exterior Plaster iSuffix 3-5 iExterior Plaster iSuffix LExterior Plaster iSuffix Exterior Plaster Suffix Exterior Plaster Suffix No6e Detected None Detected None Detected None Detected None Detected None Detected None Detected '9 x 9 Floor Tile (Green) Color White,Gray None Detected Friable Yes Homogenous Yes Layered No ~ Color Gray, Pink None Detected Friable Yes : Homogenous Yes Layered No Color Gray, Pink '. None Detected Friable Yes Homogenous Yes Layered No Color Friable Homogenous Layered Black, Green [ Chrysotile No Yes No Carbonates Silicates Carbonates ~S cates ;Carbenates ~Silicates Carbonates Silicates Paint Carbonates IS cates Carbonates Silicates iCarbonates iSilicates iPaint !Carbonates !Silicates Paint iCad~onates ;Silicates Carbonates Silicates Binders i ; - IYGEIALABORATORIES, INC I, '~ 19955 NW 11~~ Way, Suite IMiami, Florida 33178, (305)882-8200, (305)882-1200 (fax) JH~~eia~ NVLAPAccredited#200335-Opage 2 of 6 BULK SAMPLE ANALYSIS REPORT Jlient Name Project #  roject Name ollected By ate Collected 13Mastic City of Miami Beach 31.19623.0010 Task # Byron Carlisle Theatre - 500 71 St. Robert Sport 01/26/01 ample escription [Black Mastic tereoscopic escription yp Sbestos e(s) Color Black Chwsotile Friable No Homogenous Yes Layered No Batch 01-137 Date Received 1/26/01 Date Analyzed 1/3O/Ol Analyst J. Lopez Analyst Signature % [Fibrous % Components 5-10 None Detected [9 x 9 Floor Tile i(Green) Stair Tread IAdhesive IStair Tread Adhes~v~ Color Friable Homogenous , Layered Color Friable Homogenous Layered Color Friaole Homogenous Layered Brown No Yes No 'NOT ANALYZED None Detected Brown None Detected No Yes No ~ Talc 15-20 Talc 15-20 Yon-Fibrous Components 3arbonates Silicates linders Silicates iMasbc iCarbonates Silicates [Carbonates E18 iPlaster Walls and ~Ceilings ;Plaster Walls and Ceilings iPlaster Walls and iCeilings Color Gray None Detected Friable Yes Homogeno~Js Yes Layered No I'io~e Detected Color Friable Homogenous Layered Color Friable Homogenous Layered Gray Yes Yes No Gray Yes Yes No None Detected i None Detected None Detected None Detected ]Silicates Carbonates ISilicates Carbonates Silicates - E20 -'E21 - E22 iE23 _ iE24 ~F25 ,~Plaster Walls and iCeilings jPlaster Wails and iCeilings iPlaster Walls and ICeilings IPlaster Walls and ICeilings iPlaster Walls and Ceilings 12 x 12 Ceiling Tile i:(Large Worm Hole) Color Friable Homogenous Layered Color Friable Homogenous Layered Color Friable Homogenous Layered Color Friable Homogenous Layered Color Friable Homogenous Layered Color Friable Homogenous Layered Gray None Detected Yes Yes No Gray None Detected Yes Yes No Brown,White None Detected Yes No Yes , Brown,White None Detected Yes No Yes Brown,White ~ None Detected Yes No Yes i Gray None Detected Yes Yes No None Detected [Carbonates iSilicates , None Detected iCarbonates 'Si icates None Detected None Detected None Detected Cellulose Fibrous Glass 1-2 20-25 [Carbonates t~Silicates ~Carbonates Silicates iCarbonates ISilicates iPerlite Silicates N VLA P Accredited #200335-0 ¥. 19955 NW 11~ Way, Suite 1Miami, Florida 33178, (305)882-8200, (305)882-1200 (fax) I ~~ Page 3 of 6 BULK SAMPLE ANALYSIS REPORT ~lient Name ciW of Miami ~oech Project · ~ .~ 9s23.oom Task >roject Name Byron Cadislo Theatre - 500 ~ollected By ~ooon soon Date Collected aample ID~ b ID ample escription Gray Mastic G27 12 x 12 Floor Tile ms l(Tan) G27 Mastic iBlack Mastic G28 12 x 12 Floor Tile ~ :(Tan) ,-~29 9 x 9 Floor Tile ](Gray) ~ IH29 Mastic Black Mastic H30 9 x 9 Floor Tile Stereoscopic Description Color Gray Friable Yes Homogenous Yes Layered No Asbestos Type(s) None Detected Color Tan i Chrysotile Friable No Homogenous Yes i Layered No ~ Color Black Friable No Homogenous Yes Layered No Color Friable Homogenous Layered Color Gray Friable No Homogenous Yes Layered No Batch 01-137 Date Received 1/26/01 Date Analyzed 1/30/01 Analyst J. Lopez Analyst Signature ~~ % IFibrous % Non-Fibrous Components Components 3-5 Chrysotile 5-10 'NOT ANALYZED Chrysotile 5-10 Color Black Chrysotile Friable No Homogenous Yes Layered No -Ij33 - Ij34 - !K35 _ !K36 (Gray) & Mastic iBlack HVAC Duct Vlastic 31ack HVAC Duct Vlastic Vibration Isolator Vibration Isolator 2 x 4 Ceiling Tile Color Friable Homogenous Layered Color Black Friable No Homogenous Yes Layered No Color Friable Homogenous Layered Color Gray Friable Yes Homogenous Yes Layered No *NOT ANALYZED Chrysotile 'NOT ANALYZED None Detected None Detected Color Gray Friable Yes Homogenous Yes Layered No 15-20 15-20 Cellulose 1-2 Fibrous Glass 20-25 None Detected None Detected None Detected None Detected Fibrous Glass None Detected ]Pedite iSiticates iCafbonates Silicates iCarbonates iSilicates Bitumen ~tCarbonates iSilicates [Bitumen !Silicates ]Bitumen iCarbonates Silicates Cellulose 90-95 Cellulose 90-95 Cellulose 10-15 Fibrous Glass 15-20 Scattered ;2 x 4 Ceiling Tile (Scattered Color Gray Friab e Yes Homogenous Yes Layered No Color Gray Fr able Yes I Homogenous Yes Layered No None Detected ;)ther Dther iPerlite Cellulose 10-15 iPerlite Fibrous Glass 15-20 .,, Hygeia r55 NW 1 l d Way, Suite 1Miami, Florida 33178, (305)882-8200, (305)882-1200 (faX/vLA P Accredited #200335-0 .Tlie.t Name Project # --'roject Name -Collected By Date Collected '~S. ample ID~ ALab ID L37 L38 L37 Mastic City of Miami Beach 31.19623.0010 Task # Byron Carlisle Theatre - 500 71 St. Robert Sport 01/26/01 BULK SAMPLE ANALYSIS REPORT Batch 01-137 Date Received 1/26/01 Date Analyzed 1/30/01 Analyst J. Lopez Analyst Signatare ~ample Description 2 x 2 Floor Tile Scattered) Y'etlow Mastic Stereoscopic I~sbestos Description IType(s ) Color Black None Detected Friable No Homogenous Yes Layered No Color Yeflow None Detected Friable No Homogenous Yes Layered No L38 I x 2 Floor Tile Color Black None Detected ',Scattered) Friable No ~ Homogenous Yes I Layered No Yellow Mastic None Detected O43 P45 L P46 i2 x 2 Ceiling Tile (Scattered) Color Yellow Friable Nn Homogenous Yes Layered No Color Beige Friable Yes Homogenous Yes Layered No i2 x 4 Ceiling Tile ](Beige) i2 x 4 Ceiling Tile None Detected ;2 x 2 Ceiling Tile Color Beige None Detectecl (Scattered) ' Friable Yes , Homogenous Yes i Layered No iBlack Baseboard Color Black, Tan None Detected I Friable No ~ Homogenous No I Layered Yes IBlack Baseboard Color Black, Tan None Detected ] Friable No Homogenous No ~ Layered Yes Color Beige None Detected Friable Yes Homogenous Yes Layered No ; Color Beige I Friable Yes Homogenous Yes Layered No Color Friable Homogenous Layered None Detected i(Beige) i2 x 2 Ceiling Tile Color Beige None Detected i(Pin Hole) Friable Yes ! Homogenous Yes , Layered No i2 x 2 Ceiling Tile Color Beige None Detected i(Pin Hole) Friable Yes , Homogenous Yes r Layered No =12 x 12 Ceiling Tile White None Detected Yes (Black) Yes ~ No Page 4 of 6 None Detected None Detected None Detected Fibroas % Non-Fibrous Components Components None Detected Carbonates Silicates 'Mastic Carbonates Silicates Mastic Cellulose 35-40 Perlite Fibrous Glass 35-40 ISilicates Cellulose Fibrous Glass None Detected None Detected Cellulose Fibrous Glass Cellulose Fibrous Glass Cellulose Fibrous Glass Cellulose Fibrous Glass Cellulose Fibrous Glass 35-40 ~" 35-40 Mastic Vinyl Mastic 'Vinyl 35-40 Pedite 35-40 ISilicates 35-40 !Per te 35-40 [Silicates 35-40 IPedite 35-40 Silicates 35-40 iPerlite 35-40 Silicates 3-5 iSilicates 65-70 ~ - IYG EIA LABORATORIES, INC I.J. ,~r ~955 NW 11~~ Way, Suite 1Miami, Florida 33178, (305)882-8200, (305)882-1200 (fax) NVLAP Accredited//200335-0 _- Hv. geia ~ Page 4 of 6 REPORT BULK SAMPLE ANALYSIS _'.lient Name City of Miami Beach Batch 01-137 Project # 31.19623.OOLO Task # Date Received 1/26/01 ~roject Name Byron Carlisle Theatre - 500 71 St. Date Analyzed 1/30/01 -~'ollected By Robert Sport Analyst J. Lopez Date Collected 01/26/01 Analyst Signature ~~ Fibroas Smnple % Components Description --Satnple ID~ iLab ID L37 -% L37 Mastic L38 L38 2 x 2 Floor Tile Scattered) Yellow Mastic 12 x 2 Floor Tile [(Scattered) ~on-Fibrous IS_tereoscopic ~sbestos % ICOmpOnents ~escription tType(s ) I None Detected !Carbonates Yellow Mastic I._~M39 2 x 2 Ceiling Tile i(Scattered) 2 x 2 Ceiling Tile !(Scattered) 41 iiBlack Baseboard · 42 '1 i]043 ?6 Q47 . Color Black Friable No Homogenous Yes Layered No Color Yellow Friable No Homogenous Yes Layered No Color Black Friable No Homogenous Yes Layered No Color Yellow Friable Nn Homogenous Yes Layered No None Detected None Detected None Detected Color Beige ~ None Detected Friable Yes Homogenous Yes Layered No iBlack Baseboard 12 x 4 Ceiling Tile [(Beige) i2 x 4 Ceiling Tile i(Beige) 2 x 2 Ceiling Tile i(P n Hole) :,2 x 2 Ceiling Tile i(Pin Hole) 12 x 12 Ceiling Tile Ii(Black) Color Beige None Detected Friable Yes Homogenous Yes Layered No Color Black, Tan Friable No Homogenous No Layered Yes Color Black, Tan Friable No Homogenous No Layered Yes Color Beige Friable Yes Homogenous Yes Layered No Color Friable Homogenous Layered Color Friable Homogenous Layered tColor Friable Homogenous Layered Color Friable Homogenous Layered Beige Yes Yes No Beige Yes Yes No None Detected None Detected None Detected None Detected None Detected Beige None Detected Yes Yes No White i None Detected Yes Yes No INone Detected !Silicates Vlastic None Detected None Detected ;arbonates Silicates None Detected ~Masbc Cellulose 35-40 iPerlite Fibrous Glass 35-40 iSilicates Cellulose 35-40 Fibrous Glass 35-40 N6ne Detected None Detected Mastic iVinyl iMastic [Vinyl Cellulose 35-40 Fibrous Glass 35-40 Cellulose 35-40 Fibrous Glass 35-40 Cellulose 35-40 Fibrous Glass 35-40 Cellulose 35-40 Fibrous Glass 35-40 Cellulose 3-5 Fibrous Glass 65-70 tPedite iSilicates iPerlite Silicates !Perhte [Silicates iPerlite ISilicates iSilicates 9955 NW 11~ Way, Suite 1Miami, Florida 33178, (305)882-8200, (305)882-1200 (fax) NVLA P Accredited #200335-0 · ..Hygeia ] Page 5 of 6 BULK SAMPLE ANALYSIS REPORT ~lient Name Project # ~'roject Name -e'ollected By .~ate Collected City of Miami Beach 31.19623.0010 Task # Byron Carlisle Theatre - 500 71 St. Robert Sport 01/26/01 Laatnple ID/ Sample b ID [Description 12 x 12 Ceiling Tile i(Black) q49 i12 x 12 FloorTile l(White) :~49 Mastic ;Black Mastic _L ' q50 12 X 12 Floor Tile i(White) :2' x 2" Ceiling Tiie (Pinhole & Crater) 2' x 2" Ceiling Tile i(Pinhole & Crater) iF53 iCarpet Adhesive I54 U55 Carpet Adhesive Joint Compound (No Drywall U56 JJ56 I57 V57 Mastic Drywall Joint Compound [12" x 12" White ;F Der Tile iBlack Mastic 5tereoscopic Description Color Friable Homogenous Layered Color Friable Homogenous Layered Color Friable Homogenous Layered Color Friable Homogenous Layered White Yes Yes No Beige No Yes No Black No Yes No Color Beige Friable Yes Homogenous Yes Layered No Color Beige Friable Yes Homogenous Yes Layered No Color Yellow Friable No Homogenous Yes Layered No Typsbest°s e(s) ;: None Detected Chrysotile 3-5 i Chrysotile Batch 01-137 Date Received 1/26/01 Date Analyzed 1/30/01 Analyst J. Lopez Analyst Signature Color Black Friable No Homogenous Yes Layered No Color White I Friable No Homogenous Yes Layered No Color White None Detected None Detected Friable Yes Homogenous Yes , Layered No Chrysotile 5-10 Cellulose Color Gray Friabte Yes Homogenous Yes Layered No Color White Friable Yes Homogenous Yes Layered No Color Yellow None Detected Cellulose Friable No Synthetic Fiber Homogenous Yes , Layered No None Detected None Detected None Detected Ch~sotile 5-10 i Cellulose None Detected None Detected "NOT ANALYZED None Detected Cellulose 35-40 Perlite Fibrous Glass 35-40 iSilicates Cellulose 3-5 iSilicates Fibrous Glass 65-70 i Cellulose Cellulose Cellulose Fibrous Glass Cellulose Synthetic Fiber Cellulose 3-5 Carbonates Silicates 3-5 Mastic 35-40 iPerlite 35-40 ISilicates 3-5 IMastic 5-10 3-5 lMast c 5-10 iCartx)nates Sd~cates 30-35 iPaint iSilicates iPaint [Carbonates 3-5 iCarbonates !S~ ~cates ~iBinders 5-10 B tureen Mastic 3-5 Fibrous % Non-Fibrous ~ Components Components J - HYG EIA LABORATORIES, INC Ii y ~955 NW 11~h Way, Suito 1Miami, Florida 33178, (305)88£-$200, (305)882-1200 (fax) H~a ] NVLAP Accredited #200335-O Page 6 of 6 BULK SAMPLE ANALYSIS REPORT ~flient Name City of Miami Beach ~project # 31.19623.0010 Task # ;reject Name Byron Carlisle Theatre - 500 71 St. ~ollected By Robert Sport iDate Collected ot/26/ot ~tnple ID~ IS_ample Stereoscopic ~}Labr ID ~)escription Description  V58 i12" x 12" White Color iFIoor Tile & Mastic Fdable ! Homogenous f Layered 7 59 12" x 12" Beige Color Friable Homogenous I Layered JW59 Mastic iBlack Mastic Color Friable ~'l Homogenous I Layered ' JW60-"' [12" x 12" Beige Color · ~J IFIoor Tile & Mastic Friable Homogenous j j Layered Beige No Yes No Black No Yes No Typ sbest°s e(s) 'NOT ANALYZED Chrysotile 3-5 % Fibrous Componeats Cellulose Batch o1-137 Date Received 1/26/01 Date Analyzed 1/30/01 Analyst J. Lopez A,talyst Signatttre % Non-Fibrous Components 3-5 Carbonates Silicates Binders Cho/sotile 3-5 Cellulose 3-5 iBitumen .Mastic 'NOT ANALYZED J Jmnments- Analytical Methods:EPA 600/R-93/116, Jtt(~, 1993 - Enclosed test results relates only to items te.~tt-d. - This report shall not be reprtMuced, except itt jhll without written approval of the laboratory. -This report.cannot be used to claim product endorsetnent by NVL4P or uny ageucy of the I/. ~. Government. Method I. imitations: Analysis of resinous and bituminous bmtnd materials (i.e. floor tile, roofing, etc.) by Polarized Light Microscopy ( PLM),may. yield false negative results due to method 'mitations. In these cases, EPA and Hygeia recommend alternative methods of analysis. Layered Samples: Samples that contain discreetly identifiable layers will be analy:ed and reported separately, if any layer is found to contain asbestus. When all layers are found not to contain asbestos one composite attalysis can be reported. In addition, samples that contain individual lavers that cannot be discreetly separated without compromising lA , ne laver: these satnples will be analyzed as composite. IILa~ersAnalyzed lNot Analyzed - 1st Positive Stop Series c~_~a~tft'llySubntitted' glbio Lopez oratot~y Manager 1 THE CITY OF MIAMI BEACH PROPERTY MANAGEMENT DMSION 1245 MICHIGAN AVENUE MIA_MI BEACH, FLORIDA 33139 (305) 673-7630 fax (305) 673-7963 To: From: Subject: Christina Cuervo Assistant City Manager Brad A. Judd, RPA, FMA, CGC Director, Property Management Division Byron Carlyle Theater Construction Cost Estimate February 10, 2001 On 11/17/00, the Property Management Division provided a feasibility study on the Byron Carlyle Theater to determine the basic costs to renovate the existing building and to provide information on the condition of the existing components of the structure and the extent of the repairs needed. The report addressed the costs for bringing the building to a useable condition and to the requirements necessary to comply with the South Florida Building Code. On 1/8/01, a meeting was held in the Mayor's conference room with a committee of potential user groups, NBDC, Christina Cuervo, Bernard Zyscovich, and Commissioner Liebman, in which the feam~oility study was reviewed for comments. A follow-up, walk through meeting was scheduled at the Byron Carlyle Theater on 1/17/01, to provide all committee members with a visual understanding of the building's existing conditions and the possible potential use of the facility. At the conclusion of the meeting, it was requested that a meeting be held at the offices of Zyscovich Architects to allow the potential user groups of the facility an opportunity to provide input on the possible design configurations of the building. Due to limited time to prepare a feasibility report and cost estimates on the requested design configurations, this meeting was also held in the evening of 1/17/01. In order for Property Management to have the ability to provide a reasonable cost estimate, it was agreed that Zyscovich Architects would prepare basic design sketches of the requested configuration and forward them to Property Mm~ement by 2/1/01. In the interim, Property Manag~n~ent ordered environmental, asbestos, and roof surveys of the property in order to have a better understanding of the existing conditions that cannot be determined by visual inspection alone. On 2/6/01 Property Manag~ received the very basic sketches (attached) of the requested design criteria from Zyscovich Architects and also received the reports of the roof survey, environmental survey, and asbestos surveys perfo~aied on the building. The following is a estimated construction cost based on the survey information that was provided and the building renovation design that was requested: BUDGET COST ESTIMATE Project: Byron Carlyle Theater February 6, 2001 Location: 500 71th Street Miami Beach, Florida Prepared By: City of Miami Beach Property Management DIX'ISION WORK ESTTMATED CONTINOENCY l, 5e/~SENERAL TOTAL BID PERCENT OF NO. CLASSIFICATION BASE COST 10% CONTRACTOR FORECAST TOTAL COST 00 ! C,~noral R~quitements $ 350.000 $ 35,000 S 5,250 $ 350,000 002 Deaxolitian and Si~e $ 250,000 $ 25,000 $ 3,750 $ 250,000 work (Level and reinforce .............. 004 ~lasunry Work $ 80,000 $ 8,000 $1,200 $ 80,000 Saw Cut and Plaster 005 Elevator and Handicap $160,000 $16,000 $ 2,400 $160,000 Lifts 006 Roof and roof $ 260,000 $ 26,000 $ 3 900 $ 260,000 007 Door. Windows & $ 75,000 '$ 7~500 $ i;125 Glass -~ 008 Seomd Floor Structure $ 305,000 $ 30,500 $ 4,~75 $ 305,000 009 Finishes (wails. floom, $1,040,000 $104,000 $15,600 $1,040,000 ceilings 010 Plumbing (including $ 250,000 $ 25,000 $ 3,750 $ 250,000 ADA mquiremeets and 011 El~trical $ 350,000 S 3~,000 $ 5,250 $ 350,000 012 HVAC & ductwork ' $350,000 $35,000 $ 5,2~0 $350,000 013 Fire Protection $ 200,000 $ 20,.000 $ 2,625 $ 200,000 fire alarm .sy~em 014 Asbe~os Abatmne~ $100,000 $10,000 $1,500 $100,000 and eaeapeulaaiun , 015 Equipment (theater $ 600,000 $ 60,000 $ 9,000 $ 600,000 .... lighting, ri~gin& seatin& sound system) ox6 xo . $ Estimated'Base Caet with A&E $ 5,2~0,200.00 General Cunwaaor'a Fee at 10% $ 473,~60.00 General Contracaor'S Band at L5% $ 71,049.00 Contingency. at 10% $ 473,600.00 TOTAL BUDGET ESTIMATE 36,2~8,~o9.0o CITY OF MIXMI BEACH Building Department 1700 Convention Ctr Dive, 2nd Floor Miami Beach, Florida 33139 Inspections: (305) 673-7370 ,.-~ -~' Office: (305) 673-7610 New/Addition/Remodel 09-2%2002 Status: APPROVED Site Address: 500 71ST ST MBCH Parcel #: 32110021070 Valuation: $100,000.00 Applicant: CITY OF MIAMI BEACH 1245 MICHIGAN AV MIAMI BEACH, FL 33139 305-432-8508 Activity Number: Issued By: Applied: 09/24/2002 Approved: 09/27/2002 Completed: To Expire: 03/26/2003 B0205252 Description: Inspector Area: Property Owner: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR MIAMI BEACH FL 33139 INT RMDL EXSTNG BTH/RM AND LOBBY AREA Class Code: A-2 New Construction Fees New Building or Addition - Per Sq. Ft.: Storage/Industrial Building - E & F - Per Sq. Ft.: Greenhouse/Agriculture on Premises - Per Sq. Ft.: Screen Enclosure/Trail on Premises - Per Sq. Ft.: New Construction other than Above - Per Costs: Wood/Prefabricated Storage Sheds - Per Sq. Ft.: Service Station Undergrund Tanks - Per # of: Civil Defence Approved Shelters - Per # of: FL not Common Elevator Hoistway - Per # of: Alteration/Repair Fees Alteration Bulding/Structures - Per Costs: Awning, Canopy, Patio Cover - Per Costs: Area Under Roof- RADON - Per Sq.Ft.: Walk-Thru - Per Valuation: Repairs to Building/Structure - Per Costs: Roofing or Re-roofing - Per Sq.Ft.: Window/Doors - Per # of: Signs 36-4 (Writer/Erec0 - Per S q. Ft.: Fence and/or Wall - Per Linear Feet: Partial Demo (Struct, Sign, Wall) - Per Costs: Sw/mming Pool - Per Gallon: Painting - Per Costs: Sandblasting - Per Costs: DETAIL LIST 0 0 0 0 $0.00 0 0 0 0 100,000.00 $0.00 1880 100,000.00 $0.00 0 0 0 0 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,827.00 $0.00 $18.80 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 [BUILDPRM] ,./ :,., ,,, ~. ,,~ 'i,'~,, -t-t pUBUCWORK9: ~ ~ gTRUOTuRAL: ~CCESStBtL~TY; ,;' '-~--"--'--- BYRON CARLYLE THEATER RENOVATION ?lst STREET MIAMI BEACH. FL pROP~I'Y MANAGglIENT CITY OF MIAMI BEACH Miami Beach, Florida 33139 RECEIPT OF PAYMENT (This is not a permit it is a receiPt only) 03.18.2003 Receipt: Date Applied: 03/18/2003 Date Completed: Site Address: 500 71ST ST MBCH Parcel #: 32110021070 Applicant: Description: Activity Number: Status: Date Issued: Date Expired: Entered By: B~!$nce Due: ValUation: CITY OF MIAMI BEACH 1245 MICHIGAN AV MIAMI BEACH, FL 33139 305-432-8508 Owner: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR MIAMI BEACH FL 331391819 INTERIOR REMODELING ON THEATRE AREA/DRESSING B0302298 APPLIED BUILGARC $506.80 $20,000.00 Payments made for thi~ receipt: Tyt~e Method Description Amount Payment Made= AcceDted By: Total Payment: .00 Payee: Current Payment Made to the Foflowing Items: Account Summary for Fees and Payments: Item9 Description Account Code Tot Fee Paid Prev. Pmt$ Cur. Pmts 10 Building Permits 0118000322100 387.00 .00 .00 .00 270 Zoning 0118000322630 20.00 .00 .00 .00 280 Fire 0118000322640 22.80 .00 .00 .00 420 SFBC ComDliance Fee 6017000229217 12.00 .00 .00 .00 430 Training 6017000229253 5.00 .00 .00 .00 440 Sanitation Impact Fe 4358000363293 60.00 .00 .00 .00 q~I 'HOFaI8 I~VII~ O~ ] J~il~l&S lslz c~ IqOLLYAOI~.~H HI~.t¥11H,I. ~'IA'IH~D lq HO~'3G IH'e'll~l .-I0 X.LI~) 9~ 'HOV3B 1~4VlJ4 J_33B±S jst£ NOllYAON3B a31V3Hl 39xgBvD NOB,kB Florid~ Dep~rtment of Environmental Protection Twin To. era Office BldJ · 2600 Blatr Stone Rand · TnJlaJmaeee, FJorMO 322g9'2 ~4~0 ASBESTOS PROJECT INSPECTION REPORT Project S~ Superviso _ ^?IS # Date put in APIS_ I . I 33 S W. 2ad ,odmme. Sg~ 0'223 bll·l~ FIa~h ~1,11 ~O-l.~O None Done ... Otfice Code · R~ .novation P£oJect Compliance Checldl~t (Rule 62-257 350 F A C .) I W~s abateme~' of f~6,Cp1 in proiresd 2. Were warning signs vird'~le/ outaid,.;~'obsen~~ ' ....... 3 Were visible emissions to ~e ..... 4. Was the wet method for abatement observed~ .- ........... S. Was the glove ba~ method being used? ..... · ...... 6. Was only C. ate~ory I matnrtal involv.eal. ............... · 7:'Was only Category 11 material involved~ ..................... ' .... 8. Was Ioadout of waste material obse. J~-d? .................. 9- Was waste in labded leak tight contained ........ · ............ I0 Was ~he wetness of the waste considered adequate/ ....... I I Was Ge waste storage area marked during Ioadout? .. · .... 12 Was on-site supe~isor curren~ training cer~cat~ post~? (option) I 3. Wer~ samples obtained for analysis? ..........· ........ 14 Were picturm taken at. ~he site~ .. · · .............. ' ......... D~molltion Project Compliance ChecldlJC (Bule 62-2S7 350 F.A C,) I Was Cate~ry I and/or It in building? .........................' ....... . ......... 2 Was demoRtton in pm~ress? ......... . .... 3 Was suspected RACJ"I observed in 'the building! ........................ '"7 .... . 4 Were ~amples taken? ............................... · ........................... :'" ... '";. .... ~ ;. - .,,. { / DOVE ENVIRONMENTAL CORP. 4715 N.W. 157 Street, Suite 203 ....... ; .... * Hiami, FIoHd~i-33014 Tel. (305) 620-6050 Fax: (305) 620-6350 Dovelabsd~ea rthlink.net CLIENT : DEFT, OF ENVIRON~MTAL .RES. M~N. ~G. PAGE : I AbDAESS: 33 S.W 2nd AVENUE., -.* MIAMi, :*~L 33130 DATE : 04/29/03 PROJECT:, BYRON CARLYLE SAMPLE ID: D304174 soo 7iS? ST. MI~HZ SC~. PL. NV~.AP : 2053 CONSULT: MARk ROBERTS LAB NO. ~' 01 SAMPLE NO.: A FRI/HOM : NO/NO LAGERS: 03 DATE OF ANALYSIS: 04/29/03 DESCRIPTION : CONCRETE/PAINT STUCCO ASBESTOS TYPE: NOME-DETECTED ' OTHER FIBERS : 1% CELLUbOSE t/ON FIBERS : 10% PAINT 89% MINERALS stared far a per~od of 6 .ontJ~. Om* laberlt~y u~ Carl Ze~s~ m~cepe~ and is NVI.AP ~.-,~--~lted. Pol,t count p~rfon~d at, clter~$ rmluest. Flaor-T~la ts no~e~_~,__,~_ a~l results on1¥ ret'leer sable con~nt. Rajendranath Ramnath LABOBATORY HANAGER Z ~° ~ Florida Department o£ ~' Environmental Protection Twh Towe'l Offlm Bid[ · 2600 Blah' Smn~ Road · T~l~hossee. Florida 32399-2400 ASBESTOS PROJECT INSPECTION REPORT e tO p on'eq C' rl l , Date 0~} I~1~ Demolition C1 Renovation~ Date put in APl5 / t Contractor Aft Smim 33 S W 2nd Avcme, Suite 9-223 MJnn~ fl~6~. 32130-!~10 Si~e Survey by None Done Cot~ty # ~ Renovation Project Compliance Checklist (Rule 62-257 350 FAC.) Yes NA Was abateme~ or' RACM in progress?, Were warning signs ~ible? ..................................... Were visible emissions to the outside air obM~ved/ Was the w~t method for abatement observed/ . Was the glove bag method bein~ used/ ............. 6 Was only Category I material involved? ........... 7. Was only Category II materiai involved/ ........ B. Was Ioadout of waste material observed? c) Was waste in labeled leak fight container? . . 10 Was the wetness of the waste considered adequate? .... I i. Was the waste storage area marked during Ioadout2 ....... 12 13 Was on-site super~sor current training certificate posted? ' Were samples obtained foranalysis? . . (C~OtiOnai)fi~i[ .~.~g :,~ ~ ~.l~.~. 14 Were pictures taken at JJ:je site? ......... Demolition Project Compliance Checldl~t (Rule 62-257 350 FAC ,) I Was Category I and/or II in building?.. 2 Was demolition in progress? ....... 3. Was suspected RACM obseeved in the building? 4 Were samples taken? .................. 5. ,Were pictures taken? . .. §61.14~ 40 CFR Ch. I (7-1-02 Ed#ion) emission occurred during the report pe- rind. Semiannual reports shall be post- marked by the 30th day following the end of the six~month period. [49 FR 136~1. Apr. 5, 19~4, as amended at 55 17~ 48419, Nov. ~, 19~0; ~6 PR 16~9, Jan. 16, 1~91; 64 FR?~, Feb. 12, 1999] §61.145 Standard for demolition and renovation. (a) Applicability/. To determine which requirements of paragraphs (a), (b), and (c) of t~is section apply to the owner or operator of a demolition or renovation activtt~ and prior to the commence- ment of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demo- lition or renovation operation will occur for the presence of asbestos, in- cluding Category ! and Category II nonfriable ACM. The requirements of paragraphs (b) and (c) of this section apply to each owner or operator of a demolition or renovation activity, in- cluding the removal of RACM as fo]- lows: (1) In a facility being demolished, ail the requirements of paragraphs (b) and (c) of this section apply, except as pro- vialed in paragraph (a)(3) of this sec- tion, if the combined amount of RACM is (i) At least 8~ linear meters (260 lin- ear feet) on pl~es or at least 15 square meters (160 square feet) on other facil- ity components, or (ii) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured !sraviously. (2) In a facility being demolished, only the notification requirements of paragraphs (b)(1), (2), (3)0) and (iv), and (4)(1) through (vii) and (4)(ix) and (xvi) of this section apply, if the combined amount of RACM is (i) Less than 80 linear meters (260 lin- ear feet) on pipes and less than 15 square meters (16~ square feet) on other facility components, and (ii) Less than one cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously or there is no as- bestos. (3) If the facility is being demolished under an order of a S~ats or local gov- ernment agency, issued because thc fa- ctlity is structurally unsound and in danger of imminent collapse, only the requirements of paragraphs lb)il), (b)(2), (b)(3)(ili), (bX4) (except (b)(4)(viil)), (b)(5), and (c)(4) through (c)(9) of this section apply. (4) In a facility being renovated, in- cluding any individual nonscheduled renovation operation, all the require- merits of paragraphs (b) and (c) of this section apply if the combined amount of RACM to be stripped, removed, dis- lodged, cut, drilled, or similarly dis- turbed is (t) At least 50 linear meters (260 lin- ear feet) on pipes or at least 15 square meters (16~ square feet) on other facil- ity components, or (ii) At least 1 cubic meter (35 cubic feet) off facility componente where the length or area could not be measured previously. (iii) To determine whether paragraph (a)(4) of this section applies to planned renovation operations involving indi- vidual nonscheduled operations, pre- dict the combined additive amount of RACM to be removed er stripped dur- ing a calendar year of January 1 through December 31. (iv) To determine whether paragraph (a)(4) of this section applies to emer- gency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that neces- sitated the renovation. ($) Owners or oporatore of demolition and renovation operations are exempt from the requirements cf §§61.05(a), 61.07, and 61.09. (b) Noti/~ca2on r~uffeme~. Each owner or operator of a demolition or renovation activity to which this sec- tion applies shall: (1) Provide the Administrator with written notice of intention to demolish or renovate. Delivery of the notice by U.S. Postal Service, commercial deliv- ery service, or hand delivery is accept- able. (2) Update notice, as necessary, cluding when the amount of asbestos affected changes by at least 20 percent. (3) Postmark or deliver ~he notice as follows: (i) At least 10 working days before as- bestos stripping or removal work or any other activity begins (such as site 98 City of Hiami Beach HEHORANDUH TO: FROM: DATE: SUBJECT: Brad Judd, Director, Property Management Division Bruce D. Henderson, Environmental Specialist May 7, 2003 Byron Carlyle Theater. I have reviewed the Asbestos Survey Report, prepared by ATC & Associates, Inc., dated February 2001, for the Byron Carlyle Theater. Specifically, I reviewed the report in an effort to rectify the apparent discrepancy between the total estimated square footage of 9"x9", asbestos containing, green, vinyl floor tile in the building's fire escape stairwell (-950 sqft), and the actual square footage of the subject floor tile present in the building (-225 sqft). The subject floor tile was identified in the report as a green, asbestos-containing, 9" by 9" vinyl floor tile and was designated as Homogeneous Sample Area C" (HSA-C). The presence of the subject material was limited to the fire escape stairwell area. The word-processed text portion of the report indicated that there was approximately 950 square feet of the HSA-C material present in the stairwell. Review of the AHERA-inspector notes, specifically the Chain-of-Custody, which is included in the back of the referenced asbestos report, clearly notes that there was only 500 square feet of the HSA-C material. The discrepancy between the text and chain-of-custody quantities appears to be a typographical error. In such instances, it is standard industry practice to rely upon the AHERA-inspectors notes taken at the time of the inspection. However, as is also indicated in the written report, the inspector's estimates are just rough approximations. The subject stairwell within the theater consists of five landings connected by four flights of stairs. The subject floor tile (HSA-C) is present on each of the landings, is in good condition and shows no evidence of disturbance or de-lamination. Each landing measures approximately 5'xl 0' and all five have a combined area of about 225 square feet. There are no other surface areas within the fire escape stairwell that are not covered with the HSA-C floor tile, and therefore, there are no other areas within the theater that the HSA-C tiles could have been removed from or disturbed. Based upon my review of the subject report and inspection of the Byron Carlyle Theater, it is my professional opinion that the discrepancy between the reported and observed quantities of the green, asbestos-containing, 9" by 9", vinyl floor tile in the fire escape stairwell area is the result of typographical and area estimation errors and that no credible evidence exists, which suggests that any of the originally identified asbestos containing floor tile has been disturbed or removed from the building. If you have any questions or require any additional information, please call me at x6343. ~5/85/'2003 i3:25 305~737963 PROP MGMT PAGE 02/05 DOVE ENVIRONHENTAL CORP. ..... ?. 4715 N.W. 157 Streel:, Sull:e 2.03 · Hiaml, FIodd~'33014 Tel. f3OS) 6ZO-60SO Fax: (305) 620-6350 ADD~: 33 ~.~ 2nd AV~., · PAOE : { DAT~ : SAM~L~ ZD: ~V~a~ : .... ---,--,,,-.-,..... .... FRI/HOM : NO/NO ~Y~8: Ol 8AMPLE NO,: l DE~ZPTZON : CON~BTZ/PAZ~ ~T~ccO DA~E OF ANALYstS: 04/29/03 ~ASB~STOS TYPE: MONE-D~B~D OT~ ~IBBRS : 1% ~ON F~S ; 10% ,~5/05/2003 13; 25 305573?953 PROP HGNT PAGE 81/05 Environmental Protection.: ASBESTOS PROJECT iNSPECTION REPORT C~mor .... DemoJition Project Co~pllncl Chl~Jdlll; (Ku~ 62-~J~' ~lSl~ FA C:,~ B5/05/2003 13:25 305G7379G3 PROP HGNT PAGE 03/05 ~5/05/2003 13:25 3056?$?963 PROP MGMT PAGE 05/05 Department o~' '"-~ F_,nvironmental Protection ASBESTOS PROJECT INSPECTION REPORT put In APIS. , · I I~ ~ INwld. Done ~ ~ ~ml~l~----- ~eeklke (la~le 62-2S7 350 F AC.) I, Vv'a,~ abatm~mt et' RAC'~ in 85/8572883 i3:25 3856737963 PROP MGMT PAGE 84/85 The parties acknowledge that, ~s a p~inciple oir interpretation, employees ~,e obligated to work ~s directed wh~le grievances are penclin~ except where the ~l'ety of'~ working conclidon or health of the employee(s) is the basis of the grievance, Section 4.4 ~g~evanc~e lnvolv~a~ I~iac;pl~. - l)isc~olln~' Sh~ be only t'or iust cause and sh~ include wr/~en ~pc;.mand, suspension, or clismlss~. A v~rbal warning is not dlsciplinar~- and is not grlev~ble. ~u~'y r~gu~av employee who is d~sciplined,. and who has completed the seClu~d ptoba6onaty period, may ~e a g~evance pursuant to the p~ov~sinns of this .~icle. The Union or employees not ~p~esented by the Union in a g~ievance or who a~e not members of~ the Union m~r Ge dlsclpllne g~ievances at either Step ! or II within fifteen (15} days of the written notice of acdon. DERM AQMD 9TH FLOOR Rjr [j~llen Site Sutwy by . ~ Retiovatlon p£oJe~t Cnmplianee Checklist (Kute 62-257 350 F A C ,) 2, Were wamin$ siSns visible? ........... ' "' 3 W~ visible emilio,s ~o ~e outside air 4. Was ~e w~t mathod f~ aba~ament o~ed? , ' ..... S, Was ~he ~lova bag me. od being us~ ........ ' 6, Was only Categow I ma~edat inv~lv{d? ........... ' ...... 7)Was only Catego~ I1 m~rlal i~vol~d? ................. ' .... ., 8. W~s Ioado~ or ~e ~la ob~e~ ................. 9, Was wa~ in la~el~ leak ti~ cenainer7 ........ " ' ............. I0 wn~ ~he wetne~ ofih~ w~e co~si~er~d adequate? ....... 1 I. ~ ~e waste ~ are~ ma~d dudnl Ioadou~ · " 12 Wu O~-SAa sup¢~sor cu~nt*~lning c~ca~e 3 Were amp ~ oetain~ for ~l~t~ .......... ' ............... Add~onal DemOlition peoject Compli~nBe Checklist (Rule 52-257 )50 [:,AC.,) · Was Cat. pry t andlor II in b~ildll~8? ..................... , .......... I Was demolition in proFassj ............ , .......... ' · 3. Wit SUi~cLed FI,ACH ObJlrv,~d ir~ me buildlnjf .............. ' ......... .i'., . 4 Were samp es taken? .............................. ': .... 0~1~ Cfl~o'~r C~1~ Ir~t~e~f'lj APR.30.2003 10:31AM DERM AQMD 9TH FLOOR MO.WSb ~.oxo DOVE ENVIRONMENTAL CORP. 471S N.W. 157 Street, Suite 203 ........ ' ..... Mi&m1, FlOrlcF~ "33014 Tel. (305) 620.6050 Fax: (305) 620-6350 Dovel~bsl~ea~hllnkd~e~ ~ROJ~, BgRON CA~YL~ 8A~LI lO: D30417~ ~AHPLZ N0.: A DATE OF LAB NO. : 01 FI~Z/HOM : NO/NO LAYERS: 03 DESCLRiP~ION : GON~STE/PAINT S~CCO ASBESTOS TYPE: NONE-D~TE~TED ' OTHER FIBERS : 1% CELLULOSE NON FZBER~ : 10% PAINT 89% MZHERAL~ Ra}endrana~h Ranna:h "APR.BO.2003 10:2DAM DERM ~QMD gTH FLOOR The following are four (4) qualified Certified Industrial Hygienist, within Miami Dade County, ¥1orida. 1) 3) 4) CRB Geological & Environmental Services 4573 Ponce De Lcon Blvd. Coral Gables, FL 33146 Tele: (305) 447-9777 Contact: Victor Rossinsky ATC Associates 9955 NW 116tu Way Miami FL 33178 T¢la: (305) 882-g200 Contact: John Reichenbaeh Advanced Industrial Hygiene Services 2131 SW 2"d Ave Mi_ami FL 33129 Tele: (305) $54-7554 Contact,' Bruce Marchette I~vaus Environmen~l & Geoseiences 14505 Commerce Way, Suite 400 Mi,mai Lakea, FL :33016 Tele: (305) 374-8300 Contact: Richard Grupenhoff or Jay Sail, COMMUNICATIONS WORKERS OF AMERICA LOCAL 3178 - MIAMI BEACH AFL-CIO 7455 Collins Ave., Suite 212 Miami Beach, FL, 33141 (786) 457-7746 jfisher@cwa3178-miamibeach or.q RICHARD D. MCKINNON President ph¢is Sh~tis Secrelay VICTORIA STEVENS OTH E~ EXEC~IYE BOARD MEMBEIL~ Jonoihan Sink. es Chief Steward SEC11ON - 2 ANDY de OLAZARRA Chief Stewc~0 SEC'lION - 3 BdnliCd Jones Chief Steward SEC'flON - 4 ALEXANDER OTf Chief Steward SECRON - 5 To: From: Subject: Date: Linda Gonzalez, Labor Relations Division Director Joe Fisher, Vice- President, C.W.A. Request for Information 05-01-2003 The Union is requesting the following information. cOPY I A copy of the real estate survey (disclosure of hazardous materials) provided to the city for the purchase of the Byron-Carlyle Theater. 2. A copy of the written notification provided to DERM (permit), pdor to the commencement of work (Byron-Carlyle Theater) at the contaminated worksite. 3. A copy of the Asbestos Survey for the Byron-Carlyle Theater and the name of the environmental consultant that prepared the sunrey. 4. Information regarding testing for radon gas, toxic mold, toxic mildew, lead paint, and any negative assessment conducted for lead exposure required by OSHA. 5. Permission to conduct lab tasting on air and bulk samplings by union's environmental consultant. 6. A copy of the city's policy and procedure for working at contaminated worksitas. Be advised that this request is made pursuant to the public records act, the public employees relations (PERC) act, which entitles the union not only to preexisting documents but also information responsive to specific request, and the Miami Beach citizen's bills of rights. For the purposes of this request, "documents" include memoranda, letters, notes (whether typed or handwritten) work sheets, e-mail, audio tapes, transcripts, work papers, regardless of whether they are kept in computerized format only or on paper or other medium. If there is no document responsive to a particular request, please advise me of that fact. In the event the city intends to charge the union any cost pedaining to this request, I am also requesting an itemized bill including the identity of the work performed by that employee in responding to this request. joe pasident, C.W~,. Once the requested documents are reedy, please contact me at 786-457-7746 so that we may make arrangements to have someone pick up the matedal and pay the appropriate copying cost. Should you have any questions about the scope or the matedal requested, or require clarification, do not hesitate to contact me.