HomeMy Public PortalAboutResolution No. 23-053 - Landshore Enterprises for Burlington Street CanalSponsored by: Interim City Manager
RESOLUTION NO. 23-053
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH
LANDSHORE ENTERPRISES, LLC. TO INCLUDE ADDITIONAL
SERVICES NEEDED FOR THE ELEVATION OF THE
BURLINGTON STREET CANAL BANK, AS DIRECTED BY THE
MIAMI-DADE COUNTY DIVISION OF ENVIRONMENTAL
RESOURCE MANAGEMENT (DERM); AND DIRECT THE INTERIM
CITY MANAGER TO AMEND THE BURLINGTON CANAL
PHASE I CONTRACT WITH AN INCREASE OF TWO HUNDRED
NINETY THOUSAND FOUR HUNDRED AND FORTY-SEVEN
DOLLARS ($290.447.00), FURTHER AUTHORIZING A
CONTINGENCY BUDGET OF TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00); PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOOR AN EFFECTIVE DATE.
WHEREAS, On October 27, 2021, the City Commission of the City of Opa-Locka
("City") adopted Resolution 21-9926 to remobilize the Burlington Street Canal Slope
Restoration Project for the completion of Phase I; and
WHEREAS, Landshore Enterprises, LLC (Landshore) was contracted by the City
for design -build services for the project. The initial design, including stabilization of the
existing canal banks, was approved by the City and other government agencies having
jurisdiction in 2014. A portion of the project (approximately half of Phase I) was
completed but the project was put on hold in 2015 due to financial issues of the City; and
WHEREAS, after the Project recommenced in 2022, the Miami -Dade County
Division of Environmental Resource Management (DERM) directed that the top of the
canal bank be raised to the minimum County Flood Criteria elevation. This would add
Two Hundred Ninety Thousand Four Hundred Forty -Seven Dollars ($290,447.00) to the
Phase I project. This additional canal bank height was not included in the approved
contract; and
WHEREAS, to keep the current project within the approved budgeted amount,
the Interim City Manager recommends that the linear feet of Phase I canal bank that was
contemplated for completion be restored and reduced from 2,502 linear feet to 1,174 linear
feet, with the remaining 1,328 linear feet to be completed at a later date; and
WHEREAS, to fund this project, the Interim City Manager is recommending that
$290,447.00 be reallocated from the Cairo Lane project's FY 23 budget since that project is
not progressing at a rate which will require the use of all funding for this year.
Resolution No. 23-053
Additionally, the Stormwater Operating Fund generates a surplus of at least $800,000
each year which will replace any funds reprogrammed from the Cairo Lane project; and
WHEREAS, the City desires to amend the agreement with Landshore Enterprises,
LLC, Inc., consistent with Contractor's letter of March 16, 2023 and attached hereto as
Exhibit "A", by acceptance of Contractor's proposal; and
WHEREAS, the City Commission finds that entering into an amendment with
Landshore Enterprises, LLC to include additional services needed for the elevation
of the Burlington Street Canal Bank, as directed by the Miami -Dade County Division
of Environmental Resource Management (DERM).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the Interim City
Manager to enter into an amendment with Landshore Enterprises, LLC, Inc., attached
hereto as Exhibit "A", by acceptance of Contractor's proposal. City Commission hereby
authorizes the execution of an amendment for the funding amount set forth in
Resolution 21-9926, plus an additional contingency amount of Twenty -Five
Thousand Dollars ($25,000.00) in the event of an unforeseen emergency.
SECTION 3. AUTHORIZATION OF FUNDS
The City Commission hereby authorizes funds in the amount of Two Hundred Ninety
Thousand Four Hundred and Forty -Seven Dollars ($290,447.00) to be reallocated from
the Cairo Lane project's FY 23 budget to fund this project.
SECTION 4 SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, following review by the City Attorney and without need of public hearing, by
filing a corrected copy of same with the City Clerk.
Section 5. EFFECTIVE DATE.
This Resolution shall be effective immediately upon adoption hereof and approval by the
Governor of the State of Florida or Governor's designee.
2
Resolution No. 23-053
PASSED and ADOPTED this 10th day of May, 2023.
Attest:
nna Flores, City Clerk
Moved by: Commissioner Williams
Seconded by: Commissioner Bass
VOTE:
5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
John ! Tayl Jr., Mayor
Approved as to Form And
Legal Sufficiency:
S"
11,
urnadette Norris -Weeks, P.A.
City Attorney
City of Opa-locka
Agenda Cover Memo
Department
Manager:
Adelina Gross
Department
Manager
Signature:
DocuSlgned by;
C_4-01s.l.,;,,e. 01,,44.
CyRCA R 14
Interim C
g Mana er:ity
Darvin Williams
CM Signature:
C, . �N/.[ivi
`.
Commission
Meeting
Date:
05/10/2023
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(Enter X in box)
15, Reading
2nd Reading
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept.)
Ex:
See Financial
Impact Section
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
Strategic Plan Obj./Strategy:
(list the specifrcobjective/strategy this
item will address)
Economic Development,
Public Safety, Quality of life &
City Image
X
MI
MI
•
MI
Sponsor
Name
City Manager
Department:
Capital Improvements Program
Sponsor Name
City Manager
Short Title:
Burlington Street Canal Project
Change of Scope of Work for Phase I Completion
On October 27, 2021, the City Commission adopted Resolution 21-9926 to remobilize Burlington Street
Canal Project for the completion of Phase I. Landshore Enterprises, LLC (Landshore®) was contracted by the
City of Opa-Locka ("the City") in 2014 for design -build services on Burlington Street Canal Slope Restoration
Project ("the project"). The initial design including the stabilization of existing canal banks was approved by
the City and other government agencies having jurisdiction. A portion of the project (approximately half of
phase I) was successfully finished. This project was put on hold in 2015.
Based on preliminary observations and measurements of remaining portions indicated accelerated erosion
over the period of almost 10 years and significant loss of material. The City and Landshore® then entered
into an agreement in December 2021— to redesign all phases accordingly and to continue the construction
of phase I of the project. As part of this process in 2022, the Miami- Dade County, Division of Environmental
Resource Management (DERM) requested to raise the existing canal top of banks to minimum Miami -Dade
County Flood Criteria elevation.
Option #1
Since the additional work to raise the top of the bank is outside of the originally proposed and accepted
scope, Landshore® is now suggesting that the City may consider a reduction of linear footage in phase I
from 2,502 linear feet to 1,174 linear feet. This will allow to raise the banks to comply with DERM permit
requirements and continue the project, within the contracted budget.
Staff is seeking Commission's approval to change the scope of work under resolution 21-9926 for the
remobilization of the Burlington Street Canal Project to include additional design and construction work to
raise the top of bank which outside of the originally proposed and accepted scope and consider a reduction
of linear footage in phase I from 2,502 linear feet to 1,174 linear feet. This will allow to raise the banks to
comply with DERM permit requirements and continue the project, within the contracted budget. These
changes will not impact the approved budget of $455,531 and additional Phase IB will be added as part of
the original project which will allow the City to be in compliance with the new regulations imposed by the
Miami- Dade County, Division of Environmental Resource Management (DERM) to meet Miami Dade -
County Flood Criteria elevation that were not in place back in 2015 when the project was first adopted by
the City Commission.
Option #2
The additional work to raise the top of bank is outside of the originally proposed and accepted scope,
Landshore® is now suggesting that the City may consider add additional funding in the amount of
$290,446.05 for a total amount of $745,977.05 for the aforementioned project and keep the current
amount of linear footage in phase 12,502 linear feet. This will allow to raise the banks to comply with DERM
permit requirements and continue the project, as intended in resolution 21-9926 for completion.
Staff is seeking Commission's approval to add additional funding for the completion of the 2,502 linear of
phase 1 of the Burlington Canal Project approved under the scope of work as described on resolution 21-
9926 for the remobilization of the Burlington Street Canal Project and include additional design and
construction work to raise the top of bank which outside of the originally proposed and accepted scope.
This will allow to raise the banks to comply with DERM permit requirements and continue the project,
within the contracted budget. These changes will have a fiscal impact in the approved budget of $455,531
completing the scope of work as intended as part of the original project which will allow the City to be in
compliance with the new regulations imposed by the Miami- Dade County, Division of Environmental
Resource Management (DERM) to meet Miami Dade -County Flood Criteria elevation that were not in place
back in 2015 when the project was first adopted by the City Commission.
Financial Impact
Option #1 No Additional Financial Impact.
Option #2
Financial Impact: The Cairo Lane project FY 23 budget includes $1,333,776 of Stormwater Operating Fund
Available Fund Balance. This latter project isn't progressing at a rate that will require the use of all of this
funding this year. It is recommended $290,447 of this funding be reprogrammed to allow the completion
of the full length of the canal bank originally envisioned in Phase I. Additionally, it is recommended that
another $25,000 of the Cairo Lane project be used to establish a Contingency for the Burlington Street
project for arising requirements. If changing circumstances require an increase of more than $25,000, Staff
will return to obtain Commission authorization as required by the City's Code of Ordinances. If approved,
this reprogramming will be included in FY 23 Budget Amendment #3. The Stormwater Operating Fund
generates a surplus of at least $800,000 each year which will replace any funds reprogrammed from the
Cairo Lane project this year.
Proposed Action:
Staff recommends the Commission direct the Interim City Manager to amend Burlington Canal Phase I contract with
an increase of funding of $290,447, with this funding to be obtained by a corresponding reduction to the FY 23 Cairo
Lane budget. Staff further recommends the Commission authorize the City Manager to establish a $25,000
Contingency for the Burlington Canal Phase I project, with funding also sourced from the FY 23 Cairo Lane project.
Attachment:
1. Agenda
2. Technical Justification for Change of Scope of Work Burlington Canal Project.
3. RFI Permit Class III from Miami- Dade County, Division of Environmental Resource
Management (DERM)
4. Burlington Street Canal Design and Build Executed Agreement
5. Project Notice to Proceed
6. Resolution 21-9926, Authorizing the City Manager to enter into an Agreement with
Landshore Enterprises for $455,531 to finish Phase I of the Burlington Canal Project
7. Resolution 14-8841, Authorizing the City Manager to enter into an Agreement with
Landshore Enterprises for $1,636,167.00
8. Opa-locka Contract w. Landshore Enterprises for the Completion of Phase -1 of Burlington
Street Canal Project.
9. Updated Estimated Cost per Phases of Burlington Canal Project.
Landshore Enterprises, LLC
Streambank & Shoreline protection/stabilization/reclamation
Environmental Engineering, Erosion Control, Construction Management
d/b/a Erosion Restoration, LLC
City of Opa-Locka
Attn: Ms. Adelina Gross, Manager CIP Dept.
12950 NW 42nd Avenue,
Opa-Locka, FL 33054
Burlington Street Canal Slope Restoration Project
Technical justification for change in scope of work
Dear Ms. Gross,
Date: March 16, 2023
Pursuant to your request, please see the following timeline and suggested roadmap for the subject project.
Landshore Enterprises, LLC (Landshore®) was contracted by the City of Opa-Locka ("the City") in 2014 for
design -build services on Burlington Street Canal Slope Restoration Project ("the project"). The initial design
including the stabilization of existing canal banks was approved by the City and other government agencies
having jurisdiction. We successfully finished a portion of the project (approximately half of phase I). Due to
circumstances outside of our control the project was put on hold in 2015.
The City contacted Landshore® in 2021 — to continue the project. Our preliminary observations and
measurements of remaining portions indicated accelerated erosion over the period of almost 10 years and
significant loss of material. The City and Landshore® then entered into an agreement in December 2021 — to
redesign all phases accordingly and to continue the construction of phase 1 of the project. In 2022, the Miami -
Dade County, Division of Environmental Resource Management (DERM) requested to raise the existing canal
top of banks to minimum Miami -Dade County Flood Criteria elevation.
Since the additional work to raise the top of bank is outside of the originally proposed and accepted scope,
Landshore® is now suggesting that the City may consider a reduction of linear footage in phase I from 2,502
linear feet to 1,174 linear feet. This will allow to raise the banks to comply with DERM permit requirements and
continue the project, within the contracted budget.
If you have any questions regarding this matter or need additional information, please do not hesitate to
contact our offices.
Kind regards,
Andre van den Berg, President
Landshore Enterprises, LLC.
118 Shamrock Blvd., Venice, FL 34293 • `P? Tel: (941) 303-5238 • A Fax: (941) 218-6113
6555 North Powerline Road, Suite 302, Fort Lauderdale, Florida, 33309 • M Tel: (954) 327-3300 • to Fax: (954) 533-1556
Email: info@landshore.com Website: www.landshore.com
2022120916073602
M I A M I•DADE
COUNTY
miamidade.gov
December 09, 2022
AIRIA AUSTIN
CITY OF OPA-LOCKA
12950 NW 42 AVENUE
OPA-LOCKA, FL 33054
Regulatory and Economic Resources
Environmental Resources Management
701 NW 1st Court, 6th Floor
Miami, Florida 33136-3912
T 305-372-6567 F 305-372-6407
RE: Request for Additional information for BURLINGTON STREET CANAL SLOPE RESTORATION
PHASE 1, Class III Permit Application 20220040 for the proposed referenced project
located at NW 22 AVENUE TP 136 STREET,OPA LOCKA,FL 33054 OPA LOCKA, FL 33054 -
Dear AUSTIN:
Departmental staff has reviewed the items submitted on December 09, 2022 for the
application referenced above. The Department is providing comments and requesting the
following items to be submitted to complete the application prior to permit issuance:
1. Based on the revised estimated cost of construction submitted on October 3, 2022,
the remaining balance of the permit fee for the above referenced project is
$12,056.75. Additionally, a 7.5% RER surcharge fee of $904.26, applies. Submit a
payment for a total amount of $12,691.01 which may be in the form of personal
checks, money orders, or credit cards (Visa and MasterCard only). Checks are to
be made out to "Miami -Dade County".
2. Submit a revised permit application form to correct the Project name in section 3
" project information" to "Burlington Street Canal Slope Restoration "and the
description of proposed work.
3. Submit a revised Engineer Letter of Certification, signed and sealed, to include
the description of proposed work in phases II and III, to match the project name
and description of proposed work, changed on the Application form. Be aware that
the description of the proposed work in the Engineer Letter of Certification must
match the description listed in Section 3 "Project information"
4. The submitted Revised Engineering Plan has not been sealed. Submit a signed and
sealed plan by a Professional Engineer registered in the State of Florida.
5. The submitted Revised Engineering Plan does not show and/or does not have the
correct dimensions, for all the canal features where the proposed works will
occur. Provide a revised plan and cross sections clearly delineating and labeling
the Canal right of way (R.W.) and Canal Maintenance (C.M.E.) for the Burlington
Canal and the Opa-Locka Canal as follows: Phase I- 20' C.M.E. Pb.31 Pg.5, 25'
C.M.E. Pb.71 Pg.92, 70' R.W. Pb.31 Pg.5, 60.87 R.W. Pb.31 Pg.5, 25' R.W. Pb.71
Pg.92, 85.87 (25'+ 60.87) R.W. Pb.69 Pg.72, 25' R.W. Pb.71 Pg.92, 50' R.W.
Pb.31 Pg.5, 20' C.M.E. Pb.31 Pg.5. Phase II -42' R.W. Pb.49 Pg.72, 25' R.W. Pb.49
Pg.60, 35' & 25' R.W. Pb.SO Pg.5. Phase III -70' R.W. Pb.31 Pg.6.The referenced
plat book and page can be found on the Miami -Dade County Clerk of Courts web
page.
6. The proposed canal top of banks must be no lower than the minimum Miami -Dade
County Flood Criteria of approximately 5.5 feet NGVD or 4.0 NAVD for this area.
Revise the cross -sections demonstrating compliance with the requirement.
7. The revised Engineering Plan shows the locations of existing outfalls. If the
proposed scope of works impacts the configuration of the existing outfall exits,
the details must be provided.
8. The submitted Engineering Plan show various locations with "Fence to be removed
and put back after completion of work". Provide the exact locations of the fences
on revised plans. Be advised that the only authorized fence within a canal
maintenance easement is the removable chain -link fence as per the Miami Dade
County Public Works Manual, Detail G5.2.Also if the fences are located within a
private property, written consent from the owner must be provided.
9. Once the revised plan is received, it will be routed to the Miami -Dade County
Department of Regulatory and Economic Resources, Water Management Division, and
Road, Bridge, and Canal Maintenance Division. The applicant is advised that
additional comments may follow.
Prior to responding to this letter, please contact Raul Junco -Pi, Engineer, Natural
Resources Division at 305-372-6681 or via email at E320185@MIAMIDADE.GOV to discuss
solutions to the above questions and/or set a meeting to resolve the remaining items.
Please note that even if new information is provided on future submittals, this
Department may require no more than three requests for additional information (unless
the applicant waives this limitation in writing) prior to the issuance of the Class
III Permit. Be advised that a review of second resubmittal items originally
disapproved may be subject to an additional 50% of the original application fee.
Pursuant to Section 125.022, Florida Statues, within 30 days of the date of this
letter, you are required to submit the information and items requested above to
complete your Class permit application. If the information and items requested above
are not provided within 30 days of this letter and the application remains incomplete,
this application may be denied without prejudice in accordance with Section 125.022,
Florida Statutes. If additional time is necessary, please submit a written request for
an extension of time. An incomplete permit application shall become deactivated within
36 months from the date the permit application was received by this office. For
issuance of this permit, the permit application will be deemed complete when all
information and items, including but not limited to those items specifically
identified in Section 24-48 of the Code of Miami -Dade County, have been submitted to
DERM.
If you have any questions on the NPDES Stormwater program, call 866-336-6312 or email
FDEP at NPDES-stormwater@dep.state.fl.us. For additional information on the NPDES
Stormwater Program including all regulations and forms visit: www.dep.ntatc.fl.uc/wat-
er/stormwater/npdes/. You may need to contact and apply separately to the U.S. Army
Corps of Engineers (Corps) office, Florida Department of Environmental Protection
(561-681-6600), and the South Florida Water Management District (1-800-432-2045) for
activities that may be under their jurisdiction.
Sincerely,
ar Fakhrutdinov, P.E.
Senior Professional Engineer, Water Control Section
Division of Environmental Resources Management
Cc: Pieter M Lombard,P.E.
LANDSHORE ENTERPRISES, LLC
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
OPA- LOCKA, FLORIDA, AND LANDSHORE FOR BURLINGTON
CANAL RESTORATION
THIS AMENDMENT entered into between the CITY OF OPA-LOCKA, a
Florida municipal corporation, hereinafter "CITY", and LANDSHORE
ENTERPRISES, LLC., a Florida corporation, hereinafter "CONTRACTOR", hereby
amends the Agreement between the parties dated December 16, 2021.
WITNESS ETH:
WHEREAS, Contractor currently performs slope restoration and related
professional services in accordance with Attachment "A" and Attachment "B" of the
Agreement between the parties; and
WHEREAS, pursuant to Resolution No. 21-9926, the City Commission
authorized the City Manager to enter into an agreement with Contractor to
remobilize the Burlington Street Canal Project ("Agreement"); and
WHEREAS, in 2022, Miami -Dade County, Division of Environmental
Resource Management (DERM) rendered a directive to the City to raise the existing
canal bank top to the minimum Miami -Dade County Flood Criteria elevation; and
WHEREAS, the additional work to raise the top of bank is outside of the
originally proposed and accepted scope; and
WHEREAS, the parties now agree to amend the Agreement scope of work to
consistent of the attached March 16, 2023 letter, Exhibit "A" hereto; and
WHEREAS, the City Commission desires to authorize the Interim City
Manager to execute the Amendment to the Slope Restoration Services as set forth
herein.
NOW THEREFORE, in consideration of the mutual terms, conditions,
promises, covenants and payments hereinafter set forth in this Amendment, the
parties hereby agree to amend Exhibit "B" entitled Design Build Contractor's
Proposal - Remaining Scope and Fees to Complete Phase I - Proposal Dated
09/08/2021 to include the attached letter dated March 16, 2023 and entitled
Burlington Street Canal Slope Restoration Project Technical justification for change in
scope of work.
1. The foregoing recitals are true and correct and incorporated herein by
reference. Terms not defined herein shall have the same meaning as ascribed
to them in the Slope Restoration Services Agreement.
2. Attachment "B" to the Project Agreement shall be supplemented to include
Page 1 of 2
Attachment A hereto for completion of Phase I of the Project to include an
additional amount of Two Hundred Ninety Thousand Four Hundred Forty -
Seven Dollars ($290,447.00) in order to comply with the requirements of
Miami -Dade County.
The foregoing recitations are true and correct and are hereby incorporated
by reference. All other provisions of the Agreement, except as modified herein, shall
remain in full force and effect.
IN WITNESS OF THE FOREGOING, the parties have set their hands and
seals the day and year first written above.
CONTRACTOR: CITY:
Landshore Enterprises, LLC. City of Opa-Locka
By:
Andre van den Berg,
President
By:
Darvin E. Williams,
Interim City Manager
Date: Date:
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