Loading...
Resolution 2019-30915 - — -- RESOLUTION NO.' 2019-30915 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, RELATING TO INVITATION TO BID NO. 2019-231-KB, FOR PHASE III IMPROVEMENTS FROM 25TH TO 41ST STREET (THE "PROJECT"); APPROVING THE AWARD OF A CONSTRUCTION CONTRACT TO RIC-MAN CONSTRUCTION FLORIDA, INC., THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, IN AN AMOUNT NOT TO EXCEED $13,636,984.00; FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND FINALIZE A SECOND AMENDMENT TO THE CITY'S DEPARTMENT FUNDED AGREEMENT ("DFA") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), WITH RESPECT TO THE SHARING OF COSTS FOR THE SCOPE OF WORK AWARDED FOR THE PROJECT ("SECOND AMENDMENT"), AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SECOND AMENDMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION AND FORM APPROVAL BY THE CITY ATTORNEY; FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT WITH RIC-MAN CONSTRUCTION FLORIDA, INC., CONTINGENT UPON CITY'S RECEIPT OF A WRITTEN COMMITMENT FROM FDOT WITH RESPECT TO THE COST SHARE FOR THE SECOND AMENDMENT. WHEREAS, on March 9, 2016, the City Commission adopted Resolution No. 2016- 29332, approving the substantive terms of the cost sharing agreement, and on September 30, 2016, the City and FDOT entered into a Department Funded Agreement (DFA) for Financial Project Number 439228-2-58 (Contract AS-343), for roadway and drainage improvements on S.R. A1A/Indian Creek from 41st Street to 26th Street (the "Project"), in the total amount of $25,408,493, comprised of FDOT funding in a maximum of$20,008,493, and City funding in the maximum of$5,400,000; and WHEREAS, the DFA stipulated a FDOT participation of 78.7% and a City participation of 21.3% of the total allowable cost. Thereafter, the Project was divided into three (3) phases; and WHEREAS, on October 17, 2018, the Mayor and City Commission adopted Resolution No. 2018-30574 to amend the DFA agreement by increasing FDOT's participation by $5,991,507 from the original maximum amount of $20,008,493 to the amended maximum amount of $26,000,000; and increasing the City's participation by $1,636,848 from an original maximum amount of$5,400,000, to a maximum participation of$7,036,848; and WHEREAS, with Phase I and II substantially complete, the City sought to solicit bids for the final Phase III of the Project. Invitation to Bid (ITB) 2018-054-ZD, which included roadway reconstruction and drainage improvements north of 32nd Street, was issued on September 21, 2018; and WHEREAS, three (3) bids were received, however the lowest bid was deemed non- responsive and the next low bid significantly exceeded the City's available budget; therefore, the Mayor and City Commission approved the rejection of bids received pursuant to Invitation to Bid (ITB)2018-054-ZD, for Phase III Improvements from 25th to 41st Street; and WHEREAS, subsequent to the rejection of bids pursuant to ITB 2018-054-ZD, staff has worked with the Engineer of Record and FDOT to value engineer the remaining portion of the Project and to provide for two (2) options, either for(1) the partial completion of the project up to 35th Street; or(2)the full completion of the project to 41St Street; and WHEREAS, as part of these efforts, in May 2019 the City conducted Industry Review Meetings in an effort to assure that the City's approach to bidding the portion of the Project is in line with industry standards and best practices; staff met with eleven (11) vendors which yielded valuable insight and comments from the industry regarding the Project; and WHEREAS, ITB No. 2019-231-KB, was issued on May 24, 2019, with a bid opening date of July 2, 2019; notices were issued to 1,130 companies and 120 prospective bidders accessed the advertised solicitation; and WHEREAS, the notices resulted in the receipt of seven (7) responses from: American Pipeline Construction, LLC; Danz Contracting, LLC; David Mancini & Sons, Inc.; Lanzo Construction Co., Florida; Ric-Man Construction Florida, Inc.; Ric-Man Construction, Inc.; and Ric-Man International, Inc.; and WHEREAS, in its due diligence, the Procurement Department verified that the lowest responsive bid submitted by Ric-Man Construction Florida, Inc. ("Ric-Man Construction Florida") met the requirements of the ITB; and WHEREAS, Ric-Man Construction Florida has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB; and WHEREAS, recently, the City Administration has been negotiating with FDOT for additional funding for the Project, via a second amendment to the DFA ("Second Amendment"). If the negotiations are successful, FDOT's maximum contribution will increase by $2.25 million to $28.25 million; and the City's required contribution will also increase by $2.25 million to $9,262,848; and WHEREAS, after considering the bids received and the evaluation of staff, the City Manager recommends approval of the award of a contract to Ric-Man Construction Florida, Inc., the lowest responsive, responsible bidder to the ITB, in an amount not to exceed $13,636,984.00; further, the Administration recommends that the City Manager be authorized to negotiate and finalize the Second Amendment to the DFA with FDOT, and further authorize the Mayor and City Clerk to execute the Second Amendment upon conclusion of successful negotiations by the Administration; and further, the Administration recommends authorizing the Mayor and City Clerk to execute the contract with Ric-Man Construction Florida, Inc., subject to City's receipt of a written commitment from FDOT with regard to the cost share for the Second Amendment. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Invitation to, Bid No. 2019-231-KB, for Phase III Improvements from 25th to 41st street; approving the award of a contract to Ric-Man Construction Florida, Inc., the lowest responsive, responsible bidder to the ITB, in an amount not to exceed $13,636,984.00; further, authorize the City Manager to negotiate and finalize a second amendment to the City's Department Funded Agreement ("DFA") with the Florida Department Of Transportation ("FDOT"), with respect to the sharing of costs for the scope of work awarded for the Project ("Second Amendment"), and authorize the Mayor and City Clerk to execute the Second Amendment upon conclusion of successful negotiations by the Administration and form approval by the City Attorney; further, authorize the Mayor and City Clerk to execute the contract with Ric-man Construction Florida, Inc., contingent upon City's receipt of a written commitment from FDOT with respect to the cost share for the Second Amendment. PASSED AND ADOPTED this 31 day ofILI2019. ATTEST: 71 RAFA LeGRANADO, CITY CLERK DAN G LBER, MAYOR T:\Agenda\2019\07 July 31\Procurement\ITB 2019-231-KB Indian Creek\ITB 2019-231-KB-Resolution DRAFT.doc • '0J� "9 �.�'�` B 11., APPROVED AS TO 3���P ......04 FORM FORM&LANGUAGE c : CLITION 0 *i INCORP ORATED *& di 5 4,14.••..........• ,, ' me ate ,�CH 26 Attorney r Resolutions-C7 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 31, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, RELATING TO INVITATION TO BID NO. 2019-231-KB, FOR INDIAN CREEK PHASE III IMPROVEMENTS FROM 25TH TO 41ST STREET (THE "PROJECT"); APPROVING THE AWARD OF A CONSTRUCTION CONTRACT TO RIC-MAN CONSTRUCTION FLORIDA, INC., THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, IN AN AMOUNT NOT TO EXCEED $13,636,984.00; FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND FINALIZE A SECOND AMENDMENT TO THE CITY'S DEPARTMENT FUNDED AGREEMENT ("DFA") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), WITH RESPECT TO THE SHARING OF COSTS FOR THE SCOPE OF WORK AWARDED FOR THE PROJECT ("SECOND AMENDMENT"), AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SECOND AMENDMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION AND FORM APPROVAL BY THE CITY ATTORNEY; FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT WITH RIC-MAN CONSTRUCTION FLORIDA, INC., CONTINGENT UPON CITY'S RECEIPT OF A WRITTEN COMMITMENT FROM FDOT WITH RESPECT TO THE COST SHARE FOR THE SECOND AMENDMENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2019-231-KB, Indian Creek (SR A1A) - Phase III Improvements from 25th to 41st Street. ANALYSIS On March 9, 2016, the City Commission adopted Resolution 2016-29332 approving the substantive terms of the cost sharing agreement and on September 30, 2016, the City and FDOT entered into a Department Funded Agreement (DFA) for Financial Project Number 439228-2-58 (Contract AS-343), for roadway and drainage improvements on S.R. A1A/Indian Creek from 41st Street to 26th Street in the total amount of $25,408,493, comprised of FDOT funding in a maximum of $20,008,493, and City funds to a maximum of $5,400,000. The DFA stipulated a FDOT participation of 78.7% and a City participation of 21.3% of the total allowable cost. Thereafter,the Project was divided into three (3) phases. At the October 17, 2018 Commission meeting, the Commission approved Resolution 2018- 30574 to amend the DFA agreement by increasing FDOT's participation by $5,991,507 from the original maximum amount of $20,008,493- to the amended maximum amount of $26,000,000; and increasing the City's participation by $1,636,848 from an original maximum amount of$5,400,000 to a maximum participation of$7,036,848. With Phase I and II substantially complete, the City sought to solicit bids for the final Phase III of the Project. Invitation to Bid (ITB) 2018-054-ZD, which included roadway reconstruction and drainage improvements north of 32nd Street, was issued on September 21, 2018. Three (3) bids were received, however the lowest bid was deemed non-responsive and the next low bid significantly exceeded the City's available budget. Therefore, the Mayor and City Commission approved the rejection of bids received pursuant to Invitation to Bid (ITB) 2018-054-ZD, for Phase III Improvements from 25th to 41st Street. Subsequent to the rejection of bids pursuant to ITB 2018-054-ZD, staff has worked with the Engineer of Record and FDOT to value engineer the remaining portion of the Project and to provide for two (2) options: 1)for the partial,completion of the project up to 35th Street; and 2) for the full completion of the project to 41st Street.As part of these efforts, in May 2019 the City conducted Industry Review Meetings in an effort to assure that the City's approach to bidding the portion of the Project is in line with industry standards and best practices. During the meetings, the City met with eleven (11) vendors which yielded valuable insight and comments from the industry regarding the Project. ITB PROCESS ITB No. 2019-231-KB, was issued on May 24, 2019, with a bid opening date of July 2, 2019. Three (3) addenda were issued. The Procurement Department issued bid notices to 1,130 companies utilizing www.publicpurchase.com website. 120 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of seven (7) responses from: American Pipeline Construction, LLC; Danz Contracting, LLC; David Mancini & Sons, Inc.; Lanzo Construction Co., Florida; Ric-Man Construction Florida, Inc.; Ric-Man Construction, Inc.; and Ric-Man International, Inc. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that the lowest responsive bid submitted by Ric-Man Construction Florida, Inc. ("Ric-Man Construction Florida")met the requirements of the ITB, including: 1. Bid Bond: Bidder shall submit, WITH ITS BID, either an original bid bond, in a form acceptable to the City, executed by a surety company meeting the qualifications specified herein, in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. In the alternative, Bidder may submit a certified check or cashier's check issued by any national or state bank(United States). Ric-Man Construction Florida submitted a bid bond for 5% of the bid amount, as required. 4 2. Licensing Requirements: Bidder shall be State of Florida Certified General Contractor or Underground Utility Contractor in the State of Florida, Division of Business and Professional Regulations to be considered for award. Ric-Man Construction Florida is State certified as a General Contractor. State license number is: CGC1514965 and expires on August 31, 2020. 3 . Previous Experience (Firm): Bidder (or member of its team) shall have completed the construction of at least three (3) similar projects in scope and volume demonstrating their experience in urban right of ways and infrastructure improvements. Similar projects shall be interpreted to mean projects which involve all of the following aspects: underground storm water collection system and disposal, pump stations construction, roadway construction and site concrete work.At least one (1) of the projects must demonstrate experience in construction and maintenance of traffic within an existing heavily traveled urban roadway. Ric-Man Construction Florida submitted the required projects, which were similar in size, scope, and in the timeframe requested. The projects submitted included construction of a facility that includes underground storm water collection system and disposal, pump stations construction, roadway construction and site concrete work. but Accordingly, Ric-Man Construction Florida has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. Below is a brief • summary of the firm. 6 According to the information provided by the firm, in 2004 Ric-Man Construction Florida commenced operations in the Southeastern United States. The company specializes in heavy underground and tunnel construction of all types and sizes. Its team is proud to carry on the tradition of quality and service, set forth by its founder, which have become the standards used every day within the company. Additionally, Ric-Man Construction Florida is currently under contract with the City of Miami Beach for design build services for West Avenue improvements south of 14th Street and north of 14th Street. Throughout the term of these contracts Ric-Man Construction Florida has proven to be a dependable contractor. CONCLUSION Recently, the City Administration has been negotiating with FDOT for additional funding for the Project,,via a second amendment to the DFA ("Second Amendment"). If the negotiations are successful, FDOT's maximum contribution will increase by $2.25 million to $28.25 million; and the City's required contribution will also increase by$2.25 million to $9,261,84 After considering the bids received and the evaluation of staff, the City Manager recommends approval of the award of a contract to Ric-Man Construction Florida, Inc., the lowest responsive, responsible bidder to the ITB, in an amount not to exceed $13,636,984.00; further, the Administration recommends that the City Manager be authorized to negotiate and finalize the Second Amendment to the DFA with F DOT, and further authorize the Mayor and City Clerk to execute the Second Amendment upon conclusion of successful negotiations by the Administration; and further, the Administration recommends authorizing the Mayor and City Clerk to execute the contract with Ric-Man Construction Florida, Inc., subject to City's receipt of a written commitment from FDOT with regard to the cost share for the Second Amendment. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION Project Cost: $ 13,636,984.00 (Grand Total Option A,Alternate Side Streets and Contingency) Legislative Tracking Public Works/Procurement ATTACHMENTS: Description D ITB 2019-231-KB Tabulation © Resolution INVITATION TO BID(ITB)NO.2019-231-KB FOR INDIAN CREEK(SR A1A)-PHASE III IMPROVEMENTS FROM 25TH TO 41ST STREET Ric Man Construction of FL Inc." Ric-Man Construction,Inc American Pipeline Construction Lanzo Construction Danz Contracting David Mancini&Sons Ric-Man International F-7 ;""""::- „,„„.,,. _.»..�. m-- _..._ ' . ...._,_.K.,,.» ..,,,......_.m,....,..:..,,.... „...».;-*-.- ''''''OPTION w.,.(_..»p..�,ve ent...from -»..-- '''' i --> """' _ - -� A(Improvements.fromsouth'of 25th streetifo4lst) '1 "" -" ' _ , SUBTOTAL $ 13,151,875.00 $ 13,733952.56 $ 16,178,454.92 $ 16,905,000.75 $ 19,479,556.52 $ 21,179198.85 $ 26,237,271.50 Allowance for Trench Safety Act $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 Permit Allowance $ 50000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 GRAND TOTAL $ 13,201,900.00 $ 13,783,977.56 5 16,228,479.92 $ 16,955,025.75 $ 19,529,581.52 $ 21,229,223.85 $ 26,287,296.50 OPTION A ALTERNATE ITEMS FOR SIDE STREETS DRAINAGE $ 435,084.00 $ 381,119.15 $ 632,229.00 $ 717,999.00 $ 1,007,049.00 $ 1,189,900.00 $ 1,131,904.00 GRAND TOTAL a ALTERNATE SIDE STREETS $ 13,636,984.00 $ 14,165,096.71 $ 16,860,708.92 $ 17,673,024.75 $ 20,536,630.52 $ 22,419,123.85 $ 27,419,200.50 P,: ,, .m- , 7 ., 3 ,,,, _'. ", ' / OP71bN=B(Ifnprovdments from south of 25th-Street to 3$4h 5treet):�, ^S 7: SUBTOTAL $ 8,699,820.00 $ 8,964,071.27 $ 10,337,985.17 $ 11,265,345.55 $ 13,021,890.85 $ 13,346,975.73 $ 18,151,534.10 Allowance for Trench Safely Act $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 Permit Allowance $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 GRAND TOTAL $ 8,749,845.00 $ 9,014,096.27 $ 10,388,010.17 $ 11,315,370.55 5 13,071,915.85 $ 13,397,000.73 $ 18,201,559.10 OPTION B ALTERNATE ITEMS FOR SIDE STREETS DRAINAGE $ 253,689.00 $ 239,988.00 5 382,794.00 5 429,516.00 $ 626,506.00 $ 703,600.00 $ 665,164.00 GRAND TOTAL a ALTERNATE SIDE STREETS $ 9,003,534.00 1 9,254,084.27 $ 10,770,804.17 $ 11,744,886.55 2 13,698,421.85 $ 14,100,600.73 1 18,866,723.10 'Recommended for award.