Loading...
HomeMy WebLinkAboutReso 2019-3001 RESOLUTION NO. 2019 - 3oo 1 ' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING CHANGE ORDER NO. 6 TO AGREEMENT #3 WITH EBSARY FOUNDATION CO. FOR THE THIRD PHASE OF THE CONSTRUCTION OF THE NORTH BAY ROAD PEDESTRIAN EMERGENCY BRIDGE, IN AN AMOUNT NOT TO EXCEED ONE THOUSAND THREE HUNDRED FIFTY DOLLARS ($1,350.00), ATTACHED HERETO, AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO SIGN SAID CHANGE ORDER AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 16, 2017, via Resolution No. 2017-2663, the City Commission approved Agreement #1 with Ebsary Foundation Co. for the North Bay Road Pedestrian Emergency Bridge, consisting of mobilization, MOT, demolition, drilled shafts, cast in place concrete,precast concrete structure, administration, contingency, and associated fees in an amount not to exceed $3,407,032.45; and WHEREAS, on February 16, 2017, via Resolution No. 2017-2664, the City Commission approved Agreement #2 with Ebsary Foundation Co. for the North Bay Road Pedestrian Emergency Bridge, consisting of bridge approaches, MSE walls, road bed support, administration, contingency and associated fees in an amount not to exceed $1,796,673.45; and WHEREAS, on February 16, 2017, via Resolution No. 2017-2665, the City Commission approved Agreement #3 with Ebsary Foundation Co. for the North Bay Road Pedestrian Emergency Bridge, consisting of finish grade, road bed, asphalt, pavers, decorative fencing, hardscape, permanent safety elements, electrical system, administration, contingency and associated fees in a total amount not to exceed $823,010.95; and WHEREAS, on November 16, 2017 via Resolution No. 2017-2757 the City Commission approved Change Order Nos. 1 and 2 to include bridge decorative colored surface material, landscape planters, wooden benches, and associated rigid pavement slabs required to provide a pedestrian friendly atmosphere, the addition of storm water drainage for the bridge, and improved storm water drainage and pavement for the roadway abutting the emergency/pedestrian bridge in a total amount not to exceed $616,379.48; and 11 theCityCommission WHEREAS, on April 19, 2018 via Resolution No. 2018 28 P approved Change Order No. 3 to include milling and resurfacing of the asphalt drive at the Salem House Condominium, complete with new storm sewer access and vehicle parking bumpers, and additional Paveway Systems Coating surface at North bridge approach, installation of additional fencing, gates, guardrail along and adjacent to bridge, furnishing and installing new canal navigational markers, and installing new roadway delineators at the 174 Street intersection, in a total amount not to exceed $223,655.65; and Page 1 of 3 R2019 Ebsary Agmt No 3 CO 6 WHEREAS, on June 21, 2018 via Resolution No. 2018-2839 the City Commission approved Change Order No. 4 to include required services and support for the offsite Mangrove mitigation required by the SFWMD as a condition for the permit to construct the bridge,along with miscellaneous work for bridge drainage grates, and aluminum fencing, in a total amount not to exceed $172,905.90, bringing the total amount of Agreement #3 not to exceed One Million Eight Hundred Thirty-Five Thousand Nine Hundred Fifty-One Dollars and Ninety-Eight Cents ($1,835,951.98); and WHEREAS, on March 21, 2019 via Resolution No. 2019-2928, the City Commission approved Change Order No. 5 for additional services not included in the original scope of work,to include a survey of old skate park at Town Center Park, including steel structures, columns, fencing,office/utility room,property lines for construction; removal and disposal of Sea Grape tree stump; removal and disposal of the last Australian pine; and a professional Mangrove Trimmer to supervise tree removal next to mangroves, in a total amount not to exceed $4,950.00, bringing the total amount of Agreement#3 not to exceed $1,840,901.98; and WHEREAS, Ebsary Foundation Co. has submitted Change Order No. 6 for additional services not included in the original scope of work, to include a Base Line Report for the Wetland and Mangrove Mitigation Planning; and WHEREAS, staff has determined that additional services beyond the original scope of work is needed to complete the project; and WHEREAS,the City wishes to approve Change Order No. 6 to Agreement#3 with Ebsary Foundation Co. for the North Bay Road Pedestrian Emergency Bridge, in a total amount not to exceed One Thousand Three Hundred Fifty Dollars ($1,350.00), attached hereto, as Exhibit "A", bringing the total amount of Agreement #3 not to exceed One Million Eight Hundred Forty-Two Thousand Two Hundred Fifty-One Dollars and Ninety-Eight Cents ($1,842,251.98). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving Change Order No. 6 to Agreement#3 with Ebsary Foundation Co. The City Commission hereby approves Change Order No. 6 to Agreement #3 with Ebsary Foundation Co. for the North Bay Road Pedestrian Emergency Bridge, in a total amount not to exceed One Thousand Three Hundred Fifty Dollars ($1,350.00), attached hereto, as Exhibit "A", bringing the total amount of Agreement#3 not to exceed One Million Eight Hundred Forty-Two Thousand Two Hundred Fifty-One Dollars and Ninety-Eight Cents ($1,842,251.98). Section 2. Authorization of City Manager. The City Manager is hereby authorized to sign said Change Order No. 6 and to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. Page 2 of 3 R2019 Ebsary Agmt No 3 CO 6 PASSED and ADOPTED this 17st day of October 2019. George . Scholl, Mayor c ATTEST: ' • • ^► m L Mauri io Be ss ncu_r;rCMC, City Clerk APPROVE') S TO FORM AND LPGAL SUFFICIENCY: Zde.4) 4ft_ Edward A. Dion, City Attorney vI � - n Moved by: � o �t� Seconded by: COMMt4R4OnfEe ‘e.,1144-4" 4 Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin 1 (Yes) (No) Commissioner Goldman --(Yes) (No) Commissioner Lama /(Yes) (No) ✓ Commissioner Viscarra (Yes) (No) Page 3 of 3 R2019 Ebsary Agmt No 3 CO 6 • S%)""Y's%FCity of Sunny Isles Beach ° /' -pk -,-V?' 4.0 'e-.: ._ : ..p 18070 Collins Avenue .• . `trT -,,j� 1 Sunny Isles Beach, Florida 33160 y •, P • 9� Q.`Qe Sit (305)947-0606 City Hall `r $14+1 - � (305)949 3113 Fax o�sv MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Susan Simpson,Assistant City Manager FROM: Christopher J. Russo, City Manager DATE: 10/17/2019 Approval of Change Order No. 6 to Agreement No. 3 with Ebsary Foundation Co.for the Third Phase of the RE: Construction of the North Bay Road Pedestrian Emergency Bridge 0 • RECOMMENDATION: Staff is recommending the City Commission approve the attached Resolution. REASONS: The City of Sunny Isles Beach is in need of this vendor to provide a Base Line Report for the Wetland and Mangrove Mitigation Planning. This additional scope of services are in accordance to the South Florida Water Management District, the approved plans PERMIT#13- 1 05435-P APP#170717-4. 1 The scope of work includes a report of site conditions before beginning of site excavation & mitigation work in an amount not to exceed $1,350.00. FUNDING SOURCE: Account No. 300-5-5390-465000-83001 QATTACHMENTS: 156 i I 0 )r1NY IS4F • O ii y} ii0:4B ipsm3A_ CITY OF C •.!:�� 56 i.. R7 r� rtl � D�,' * ' SUNNY'ISLES BEACH , 4ORDER FL • T! PF SUN.r .. ... - .. CHANGE ORDER NUMBER: 6 DATE: October 17, 2019 PROJECT: RFP NUMBER: 14-09-01. North Bay Road:Pedestrian Emer•en Bridge_ RESOLUTION NUMBER: Q G s�_ ORIGINAL DOLLAR CONTRACT AMOUNT: $ 823,010.95 NET TOTAL DOLLAR VALUE OF ALL PREVIOUS CHANGE ORDERS: $ 1,017,891.03_._. DOLLAR OLLAR AMOUNT OF THIS CHANGE ORDER: $ 1,350.00 CREDIT,/DIRECT PURCHASES: $ 0' NEW DOLLAR CONTRACT AMOUNT: $ '1,842,251.98 ORIGINAL CONTRACT COMPLETION DATE February'.15, 2018 TOTAL OF PREVIOUS CHANGE ORDER DAYS: 0 AMOUNT OF DAYS PER THIS:CHANGE ORDER: 0 NEW CONTRACT COMPLETION DATE: February 15, 2018 • DESCRIPTION OF SCOPE OR WORK CHANGES: Additional scope of work includes: • To provide a Base Line Report for the Wetland and Mangrove.Mitigation Planning according to the South Florida Water Management District approved plans PERMIT#13-05435-P APP#,170717-4 • • Scope of Work includes report of site conditions before beginning of site excavation&mitigation work. NOTE: Unless specifically stated clearly elsewhere on this page,this contract amendment does NOT indude an extension of time or grant any additional general conditions amounts. The City and the Contractor agree that,the contract time adjustment and sum;agreed to In this document constitute a full and complete settlement of the mattersset'forth herein,:Including all direct and Indirect costs for equipment ;manpower,materials,overhead,profit and delay relating to the issues set forth In this document:.' • CONTRACTOR Ebsary. Foundation Company i _, • 1 CITY ATTORNEY: ZWI _ ,An� � . PROJECT MANAGER: yIv= p A CITY MANAGER: ;Christopher,], Russo Oo'Qo G O ,l Green Spaces• Consulting r P.Q.5ox 6332,West Palm Beach,FL 33405 561-725-4-82.6 • mlange@greenSoacesconsufting com FEE SCHEDULE February 27,2019 To: Ebsary Foundation Company Yosmel Milian 2154 Northwest North River Dr. 305-325-0530 xt110 Miami, FL 33125 305-967-3977 ymilian@ebsaryfoundationco.com Re: Arboricultura! Consultation Wetland and Mangrove Mitigation BASELINE REPORT This proposal-is for the fees associated with the BASELINE REPORT for the Wetland and Mangrove Mitigation Planting according to South Florida Water Management District approved plans PERMIT NO: 13-05435-P;Application Number:170717-4.The scope of work being undertaken includes producing a report reflecting the site conditions before the beginning of site excavation and mitigation area preparation. FEE TO BE CHARGED: BASELINE REPORT $1,350.00 BALANCE DUE UPON INVOICE DATE ALL FUNDS PAYABLE TO:GREEN SPACES CONSULTING Mark Lange • Signature below is authorization to proceed and receive payment. °Z/4 9/I 7 Fort Ebsary Foundation Company Date ISA-Arborist, FL-5492A FNGLA-Horticultural Professional UAF-Landscape Inspector • • • Green Spaces Consulting 1 fl!/®t C( • P.O. Box 6332 Date invoice West Palm Beach,FL 33495 3115/200 I3 11 1 . IBill To • Ship To •Ebsary Foundation Company Ebiary Foundation Company 2154 Northwest North River Dr. sunny Isles Bach Miami,FL 33125 Yosmel Milian • • I ' Due Dale 3/13'1019 I i . • IQuantity I Descripilori ' Frica Each • Amount 1 I _ —i - 1 lime L.rG Mangrove t'C -In Monitoring n 7 1 fl 3 1 angrn MIS prion 1 Ionitoring Report;32100- 2,100..0 ,1010 S75ODISCO.I rr ailjustmentto final charge, . • ,• —756.30,. -750.00 I . • I I • • IP) . • • Q • • o1 •. • I 0 - - 'Thank you I-or your continued business.551-723-1326 - 0 . Total S1,330.00 Certification of Mitigation Credits Know all by these presents, that on this 1 day of April, 2019, Florida Power & Light Company, with an address of 700 Universe Boulevard, Juno Beach, FL 33408 ("FPL"), does hereby certify that the City of Sunny Isles Beach, has received the benefit of the following: 0.16 Saltwater Mitigation Credits in the Everglades Mitigation Bank ("Mitigation Credits"), pursuant to Phase 2 Mitigation Bank Permit no. 0193232-001 from the Florida Department of Environmental Protection ("FDEP Permit"); Permit No. SAJ- 1995-155 (IP-TKW) from the U.S. Army Corp of Engineers ("ACOE Permit"). The Mitigation Credits are hereby certified in accordance with and to meet the requirements of the US Army Corps of Engineers Permit Number SAJ-2009-2265, South Florida Water Management District Permit Number 13-05435-P, and Miami-Dade County Regulatory and Economic Resources Permit Number 2009-CLI-PER-000095 issued to Transferee in connection with Transferee's proposed development in Miami-Dade County, Florida. To have and to hold the same unto Transferee. The certification of Mitigation Credits herein is in no way to be construed as a conveyance of interest in real property. In Witness Whereof, FPL has set its hand and seal on the day and year first above written. Florida Power & Light Company By: I1 iLAI A4110 ,916/ Kathryn Salvador ss Sr. Director Environmental Services Acceptance of the Certification of Mitigation Credits City of Sunny Isles Beach does hereby accept the conveyance of Mitigation Credits by FPL set forth herein above. 141 Christopher J. osso / • 9 ,-` a I APR 082019 EVERGLADES MITIGATION BANK April 1, 2019 City of Sunny Isles Beach Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Christopher J. Rosso, City Manager Re: Mitigation Credit Purchase and Sale Agreement by and between Florida Power& Light Company ("FPL") and City of Sunny Isles Beach, dated September 22, 2017 ("Agreement") Dear Mr. Rosso: Enclosed please find the original Certification of Mitigation Credits along with two (2) partially executed Acceptance of the Certification of Mitigation Credits pages for the referenced Agreement. Please sign both copies of the Acceptance of the Certification of Mitigation Credits, keep one for your records and return the other to me. Failure to return the counter-signed set will result in the transaction not closing. Retain the Certification of Mitigation Credits as evidence to document your purchase of credits from the Everglades Mitigation Bank should you ever receive an inquiry from a regulatory agency. It has been a pleasure working with you on this transaction and I look forward to the opportunity to do business with you again in the future. If you have any questions please contact me at (561) 694-6388. ace rely,' eph R. ' icbaldi � Enclosures (2) Certification of Mitigation Credits Everglades Mitigation Bank Closing Statement Acceptance of the Certification of Mitigation Credits City of Sunny Isles Beach does hereby accept the conveyance of Mitigation Credits by FPL set forth herein above. boe. Christopher Certification of Mitigation Credits Know all by these presents, that on this 1 day of April, 2019, Florida Power & Light Company, with an address of 700 Universe Boulevard, Juno Beach, FL 33408 ("FPL"), does hereby certify that the City of Sunny Isles Beach, has received the benefit of the following: 0.16 Saltwater Mitigation Credits in the Everglades Mitigation Bank ("Mitigation Credits"), pursuant to Phase 2 Mitigation Bank Permit no. 0193232-001 from the Florida Department of Environmental Protection ("FDEP Permit"); Permit No. SAJ- 1995-155 (IP-TKW) from the U.S. Army Corp of Engineers ("ACOE Permit"). The Mitigation Credits are hereby certified in accordance with and to meet the requirements of the US Army Corps of Engineers Permit Number SAJ-2009-2265, South Florida Water Management District Permit Number 13-05435-P, and Miami-Dade County Regulatory and Economic Resources Permit Number 2009-CLI-PER-000095 issued to Transferee in connection with Transferee's proposed development in Miami-Dade County, Florida. To have and to hold the same unto Transferee. The certification of Mitigation Credits herein is in no way to be construed as a conveyance of interest in real property. In Witness Whereof, FPL has set its hand and seal on the day and year first above written. Florida Power & Light Company BY: 'it a, a 1.I! I V) i�,•'�'1�;:��� KathrynSalvador ars Sr. Director Environmental Services Acceptance of the Certification of Mitigation Credits City of Sunny Isles Beach does hereby accept the conveyance of Mitigation Credits by FPL set forth herein above. Christopher ��