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
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ATTEST: ' •
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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
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Moved by:
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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
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S%)""Y's%FCity of Sunny Isles Beach
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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:
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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�
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PROJECT MANAGER: yIv= p
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CITY MANAGER: ;Christopher,], Russo
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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
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IBill To • Ship To
•Ebsary Foundation Company Ebiary Foundation Company
2154 Northwest North River Dr. sunny Isles Bach
Miami,FL 33125 Yosmel Milian
• •
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' Due Dale
3/13'1019 I
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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
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- - '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
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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 ��