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HomeMy WebLinkAboutOrder No. 20-023 - Reimbursement Agreement with FPL to fund Construction of the Improvements to the Fairgrounds Parking Lot (04-20-20) , ORDER NO. 20-023 AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR AUTHORIZING WAIVER OF THE FORMAL BID PROCESS AND AUTHORIZING ENTERING INTO A REIMBURSEMENT AGREEMENT WITH FLORIDA POWER & LIGHT TO FUND THE CONSTRUCTION OF THE IMPROVEMENTS TO THE FAIRGROUNDS PARKING LOT WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. On March 17, 2020, the St. Lucie County Public Safety Director declared a State of Local Emergency COVID-19 Public Health Emergency ("St. Lucie County Declaration of Emergency"); and 2. The findings in the St. Lucie County Declaration of Emergency are incorporated herein; and 3. On March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ('CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and 4. On March 29, 2020, the President extended such guidance to be in effect until April 30, 2020; and 5. On March 24, 2020, the Governor of the State of Florida issued Executive Order No. 20-83 directing the State Surgeon General and State Health Officer to issue a public health advisory to all persons over 65 years of age and persons that have serious underlying medical conditions that place them at high risk of severe illness from COVID-19 urging them to stay home and to take such other measures as necessary to limit their risk of exposure to COVID-19; and 6. Pursuant to Executive Order No. 20-83, the Governor of the State of JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY 1 FILE# 4701925 04/23/2020 12:23:51 PM OR BOOK 4412 PAGE 1624-1629 Doc Type:ORD RECORDING: $52.50 further directed the State Surgeon General and the State Health Officer to issue a public health advisory providing that individuals should cease all social or recreational gatherings of 10 or more people; and 7. On March 25, 2020, the State Surgeon General issued a Public Health Advisory consistent with Executive Order 20-83; and 8. On March 25, 2020, the President of the United States declared that a major disaster exists in the State of Florida as a result of COVID-19; and 9. On April 1, 2020, the Governor of the State of Florida issued Executive Order 20-91 directing senior citizens, individuals with a significant underlying medical condition, and persons engaging in nonessential services or activities to stay at home. 10. On December 18, 2018 the County and Florida Power and Light (FP&L) entered into a Facility Use Agreement allowing FP&L to use a portion of the Fairgrounds for staging during a public disaster. Ferreira Construction Southern Division Co, Inc. is currently under contract with FP&L to construct a paved parking lot at the County Fairgrounds as part of the County and FPL's Emergency Staging Agreement. FP&L initially committed over $2,000,000 to this parking lot/staging area project and more recently accommodated the County with $200,000 in additional improvements at no cost to the County. County staff recommends the following additional improvements be incorporated in Phase It of the project: eliminate the interior swale providing additional parking area, install underground drainage pipe and catch basins, electrical conduits, electrical service and four parking lot lights. These improvements will provide significant benefit both County Fairground events and the St. Lucie Fair. Making these improvements at this time will save the County time and money and improve customer service. These recommended improvements will expand parking capacity for events, create safer pedestrian ingress and egress both day and night with no interior swales and provide parking lot lighting which would eliminate the need to rent light towers for large events such as the St. Lucie Fair. The attached quote from Ferreira Construction for $203,384.39 includes the cost of the materials and installation. There are no costs for mobilization, 2 asphalt cutting, removal and restoration of parking lot areas with backfitl, asphalt and sod. This proposal reflects a significant cost savings to the County. Per Section 8.1a of the St. Lucie County Purchase Policy Manual, a waiver of formal sealed bid process may be requested based on: "If the Board determines that it is in the best interests of the County to do so." Further, Ferreira Construction was awarded the Fairgrounds Parking Lot project via the FP&L competitive bid process and is a FDOT prequalified contractor. Ferreira Construction is uniquely qualified to perform this pipe and conduit installation since they are currently under FP&L contract to perform work that is directly affiliated with this project. Staff believes that authorizing FP&L to issue a Change Order to Ferreira Construction authorizing completion of the work identified in the attached quote is in the best interest of the County. Therefore, staff is recommending approval to waive the formal bid process and to enter into a reimbursement agreement with FP&L in the amount of $203,384.39 for these additional Fairgrounds Parking Lot Improvements. Funding is available in Parks Impact Fees Account #310008-7215-563000-207626. 11. Due to Executive Order 20-91, the Board has cancelled all public meetings through April 30, 2020. The next Board meeting is May 19, 2020. 12. The County needs to proceed with the Fairground Parking Lot improvements immediately and before the Board's May 19, 2020 meeting. 13. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the County Administrator may take all actions necessary and appropriate to protect human life and prosperity, to the extent necessary to accommodate the emergency; and NOW, THEREFORE, BE IT ORDERED AS FOLLOWS: 1. The determinations, orders, and declarations identified above are incorporated herein. 2. Pursuant to Paragraph 8.1a of the County's Purchasing Manual, the formal sealed bid process, is waived. 3. 1 hereby authorize the County Administrator or designee to sign a Reimbursement Agreement with Florida Power & Light to fund the P construction of improvements to the Fairgrounds Parking Lot, as reviewed and approved by the County Attorney. 4. This Order, as set out above, shall be placed on the agenda of the next Board of County Commissioners meeting for purposes of review and ratification Severability. Any provision(s) within this Order that conflict(s) with any State or Federal law or constitutional provision, or conflict(s) with or are superseded by a current or subsequently -issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Order, with the remainder of the Order remaining intact and in full force and effect. This Order is effective as of 8:00 a.m. oab�day of April 2020. This Order will expire upon the expiration of the existing State of Local Emergency, as same may be extended by subsequent order or declaration, unless earlier terminated by subsequent Order. Prior resolutions and emergency orders remain in force and effect unless modified or superseded. This Order shall be filed in the Office of the Clerk of the Circuit Court. thi Signed day of r'1 2020 at 9 �� Y H ar . Ti on FERREIRA April 15, 2020 St. Lucie County 2300 Virginia ave. Ft. Pierce, FL 34982-5652 Attn: Matt Baum Project SLC Fairgrounds Change Order Requests Pricing Ferreira Construction Southern Division Co., Inc. is pleased to provide this proposal for the following Change Orders. We will provide all labor, material, equipment and supervision to construct the following scope of work. Item Description Total #6 Paving existing rock driveway, west side of west lot entry to $9,275.50 existing road to the south. #7 Eastern lot, eliminate internal swale, provide 24"RCP $98,366.65 and 3 catch basins and pave. #9 Relocate north swale for grass parking, extend drainage pipes, $38,145.70 add two type C basins and two pedestrians crossings in south swale. FERREIRA #10 Add 4 light poles to eastern lot, includes poles, conduit, $44,765.67 wire and junction boxes. Installation of fixtures only. Pricing does not include fixtures, permits or photometrics. #11 West Lot, Add directional arrows and remove 2 temporary drives. $9,830.87 Bond $3000.00 Total cost $203,384.39 This proposal becomes a letter of intent to enter into a contract when executed by authorized representatives of both parties and subject to the conditions noted herein. Ferreira Construction Co., Inc. St. Lucie County Nate Digitally signed by Nate westall westall Date:2020.04.15 15:26:29-04'00' Signature Signature Nate Westall Project Manager Printed Name and Title Printed Name and Title 4/15/2020 Date Date