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Contract between CMB & Ric-Man International, Inc 2-ht DocuSign Envelope ID:785CCD60-92DD-4084-A0B1-6526412897A3 l /31 2-02.-1/41 DocuSign Envelope ID:E1C16F8C-D7B7-4312-AD6A-00D800096651 Contract No. 24-016-01 CONTRACT THIS CONTRACT("Contract")is made and entered into as of the 3/26/2024 12 by 344ana between the City of Miami Beach, Florida, a municipal corporation (the "City") and RIC-MAN INTERNATIONAL,INC.(the"Contractor"): WITNESSETH,that the Contractor,for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications,and other Contract Documents,which are hereby incorporated into this Contract by reference,for: ITB 2024-016-LB FORCE MAIN CANAL CROSSING REPLACEMENT AT PINE TREE DRIVE The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid are hereby incorporated by reference to the Formal Solicitations Terms&Conditions dated October 27, 2022, General Conditions for Construction Contracts dated April 13, 2020, and Solicitation Terms &Conditions-Grants and Federal Requirements dated August 20, 2020,are hereby incorporated by reference as if fully set forth herein. Without limiting the foregoing, the Contract Documents expressly include this Contract, Composite Attachment A (the City's General Conditions for Construction Contracts),Attachment B(Plans and Specifications,Invitation to Bid No.ITB-2024- 016-LB and all Addenda thereto),Attachment C (Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D (Insurance requirements). For the avoidance of doubt, all of the documents constituting the Contract Documents now or hereafter existing (including any Change Orders, Work Orders, Field Orders, schedules,shop drawings, issued subsequent to the date of this Contract etc.)shall govern this Project. In consideration of these premises, the City hereby agrees to pay to the Contractor for the work, when fully completed,the total maximum sum of five million,one hundred eighty-nine thousand, two hundred fifty-five dollars and fifty cents($5,189,255.50).The Contract Price consists of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid+Indemnification $4,528,505.00 Total Permit Allowance Account $84,000.00 Total Off-Duty Police Officer Allowance .... $15,000.00 Total Flow Management During Construction Allowance... .$90,000.00 Total Alternate Items(if applicable) NONE Total Owner's Contingency ...$471,750.50 Contract Price $5,189,255.50 1 DocuSign Envelope ID:785CCD60-92DD-4084-A0B1-6526412897A3 DocuSign Envelope ID:E1C16F8C-D7B7-4312-AD6A-000800096651 Contract No. 24-016-01 The Contract Price,exclusive of the Owner's Contingency and Permit Allowance,includes,without limitation,all costs for all labor,materials,equipment,fixtures,freight,field supervision,supervisory expenses, project vehicles, field office and equipment, postage and delivery, safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as-built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom,even if such items of Work are not specifically or expressly identified as part of a line item in the Bid Price Form,The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Progress and Final Payments will be made as provided for in the Contract Documents. Contract Time: Contract Time and Schedule Days for Substantial Completion:455 calendar days Days for Final Completion:25 calendar days • Liquidated Damages(as applicable) Failure to achieve Substantial Completion:$500.00/day Failure to achieve Final Completion:$500.00/day [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] • 2 DocuSign Envelope ID:785CCD60-92DD-4084-A0B1-6526412897A3 DocuSign Envelope ID:ElC16F8C-D7B7-4312-AD6A-000800096651 Contract No. 24-016-01 Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City: City of Miami Beach Public Works Engineering 1700 Convention Center Drive,4th Floor Miami Beach, FL.33139 Attn: Matthew LePera Ph:305-673-7000 Email: matthewleperaAmiamibeachfl.gov With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Rafael Paz, City Attorney Ph:305-673-7000 • Email:rafaelpazt mlamibeachfl.gov For Contractor: RIC-MAN INTERNATIONAL, INC. Attn: Michael Jankowski 1545 NW 27''Avenue Pompano Beach, FL 33069 Ph:954-426-1042 Email:bidCa?ric-man.us 3 DocuSign Envelope ID:785CCD60-92DD-4084-A0B1-6526412897A3 DocuSign Envelope ID:El C16F8C-D7B7-4312-AD6A-00D800096651 Contract No. 24-016-01 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA -DocuSigned by: AI ti By: ad, t. Gr'aaA.a.�,o By: j1 �,,J ! Cek Rafaeti"EW14Vat °@ity Clerk Ir. T. Hudak,City Mana•-r Date: 3/26/2024 I 2:34 PM EDT 1Wl (seal) APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION f 1. 12..E a2jo7Jzq 2 City Attorney '' Date FOR CONTRACTOR: RIC-MAN INTE; ATIO A- INC. By: _ rte." ame: MICNAEL JANKOWSKI Date: 2/22/2024 . (seal] 4 DocuSign Envelope ID:785CCD60-92DD-4084-A0B1-6526412897A3 Competitive Bid Reports-C2 M MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: January 31,2024 SUBJECT:REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB)2024-016-LB FORCE MAINS CANAL CROSSING REPLACEMENT AT PINE TREE DRIVE. RECOMMENDATION It is recommended that the Mayor and City Commission approve the award of a contract, pursuant to Invitation to Bid (ITB) No. 2024-016-LB,for the force main canal crossing replacement project at Pine Tree Drive between Flamingo Waterway and West 51st Street to Ric-man International, Inc.,the lowest responsive and responsible bidder, and authorize the City Manager and City Clerk to execute a contract. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY The purpose of this project is to replace a force main canal crossing which has aged beyond its life expectancy and, if not replaced, may rupture and cause disruption to sewer collection system and release of sewage to the environment. The force mains canal crossing replacement project at Pine Tree Drive between Flamingo Waterway and West 51st Street includes the installation of approximately 1850 LF of two (2) parallel 30-inch HDPE sub-aqueous force main canal crossings to replace the two (2) existing canal crossings.The proposed pipelines will be installed via horizontal directional drilling, crossing the Flamingo Waterway. They will replace the existing 24-inch CIP force main aerial crossing (located along the center section of bridge # 874712, owned by Miami Dade County) and a 30-inch CIP force main subaqueous crossing located along the west side of the bridge.The entry/exit pits and connections to the existing force mains will be made at the uplands of the Flamingo Waterway, and the existing force mains will be capped and abandoned in place. A prior ITB for the project was issued on May 9, 2023. However, the two(2)responsive bids significantly exceeded the estimated budget.As a result,pursuant to Section 2-367(b)(1)of the Miami Beach City Code,the City Manager approved the rejection of bids received on August 31,2023 and directed staff to issue a new solicitation. ANALYSIS On October 6, 2023,a subsequent ITB was issued.The Procurement Department issued bid notices to 32,362 companies through the City's e-procurement system,with 54 prospective bidders accessing the advertised solicitation.A voluntary site visit and pre-bid conference were held to provide information to bidders submitting a response on October 24, 2023. Three (3) addenda were issued. ITB responses were due and received on December 8, 2023.The City received five(5)bids from the following firms: Amici Engineering Contractors LLC David Mancini&Sons, Inc. DBE Management, Inc. Metro Equipment Service, Inc. Ric-man International,Inc. Ric-man International submitted the lowest bid at a cost of$4,717,505.00(see Attachment A for tabulation of bids received).As in the prior ITB that was rejected because the bids were significantly higher than the budget stated in the ITB, the bid submitted by Ric-Man International for this ITB also exceeds the stated budget. However,while the lowest responsive bid in the prior ITB was for a cost of$5,472,063, the bid submitted by Ric-man International under this ITB is for a cost of$4,717,505.00,which is$754,558 less than the lowest responsive bid in the prior ITB.The budget stated in the most recent ITB was$3,437,996.58.The additional funds necessary for the difference have been identified as part of Capital Project No. 28520 Water and Wastewater Mains and Rehabilitation,as presented in the 2019 Water and Sewer Master Plan and Five-Year Critical Needs Projects. The ITB stated that the lowest responsive and responsible Bidder meeting all ITB terms, conditions, and specifications would be recommended for award.The Procurement Department and the Public Works Department found that the bid submitted by Ric-man International, Inc.meets the requirements of the ITB,including: 1. Licensing Requirements.The ITB required that bidders be a State of Florida Certified General Contractor,with Florida Certified Underground Utility and Excavation Subcontractor, or Miami Dade County Licensed General Contractor to be considered for the DocuSign Envelope ID:785CCD60-92DD-4084-A0B1-6526412897A3 award, with Florida Certified Underground Utility and Excavation Subcontractor, or State of Florida Certified Utility and Excavation Contractor. Ric-man International, Inc.is State certified as a General Contractor.The state license number is CGC1526106, expiring on August 31, 2024. The firm also holds an Under Utility and Excavation license. The state license number is CUC056824, expiring on August 31,2024. 2. Previous Experience of Bidder(Firm or principal). The ITB required that the bidder or its principal must have been awarded a minimum of three (3) projects of similar scope and budget within the last five (5) years, two (2) of which must be successfully completed and the third may be ongoing.A project of similar scope shall be defined as construction and repair of Force Main with a construction cost of at least$2.5 million. Projects must illustrate familiarity with all the following aspects: experience in permitting and construction of open cut installation and horizontal directional drill(provide at least one example). Ric-man International, Inc. provided three (3) project references documenting compliance with the minimum experience requirement. 3. Previous Experience of Bidder (Firm) Project Manager. Bidder's Lead Project Manager must have completed at least two (2) projects with similar scope and budget.A project of similar scope shall be defined as construction with a hard construction cost of at least$2.5 million. Ric-man International, Inc.submitted proof of the required experience for its personnel. 4. Previous Experience of Bidder(Firm) Superintendent. Bidder's Superintendent must have completed at least two (2) projects with similar scope and budget.A project of similar scope shall be defined as construction with a hard construction cost of at least $2.5 million. Ric-man International, Inc.submitted proof of the required experience for its personnel. Accordingly, Ric-man International, Inc. has been deemed the lowest responsive and responsible Bidder, meeting all ITB terms, conditions,and specifications. Below is a brief bio of the lowest responsive and responsible bidder based on information provided by the firm. Ric-man International, Inc. Ric-man International, Inc., has performed engineering design/build, heavy construction, land development, trenchless technologies,emergency repair, hurricane clean up, marine construction,and bridge construction services since 1965.A few areas of specialty include directional drilling, micro tunneling,water and sewer sanitary pump stations,and storm sewer pumps and wells. Previous work includes services for the Florida Department of Transportation, the Miami-Dade County Water and Sewer Department,the City of West Palm Beach,the City of Cape Coral,the City of Coral Gables, and the City of Miami Beach. Ric-man International Inc. has worked with the City's CIP Department on central Bayshore right-of-way infrastructure improvement projects and provided design-build services for Sunset Island.Since 2021,the firm has provided routine and emergency repair services for the City's water and sewer systems.To date,the City is satisfied with the services being provided. SUPPORTING SURVEY DATA Not applicable. FINANCIAL INFORMATION The lowest responsive and responsible bidder is Ric-man International, Inc.,with a total cost of$4,717,505.00 for the force mains canal crossing replacement project at Pine Tree Drive between Flamingo Waterway and West 51st Street.The contract total with the City's contingency is$5,189,255.50. It is not anticipated that grant funding will be utilized for these services. Ric-man International, Inc.: Grand Total $4,717,505.00 Plus 10%Owner's Contingency: $471,750.50 Total: $5,189,255.50 Amount(s)/Account(s): This project is funded as part of Capital Project No.28520 Water and Wastewater Mains and Rehabilitation,as identified in the 2019 Water and Sewer Master Plan and Five-Year Critical Needs Projects.This project is fully funded and the respective funding accounts are presented below. Account:28520-CONSTRUCT-UTILITIES-418 / 418-0815-069357-29-418-000-00-00-00-28520...$5,189,255.50 CONCLUSION Based on the foregoing, it is recommended that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract, pursuant to Invitation to Bid (ITB) No. 2024-016-LB for the force mains canal crossing replacement project at DocuSign Envelope ID:785CCD60-92DD-4084-A0B1-6526412897A3 Pine Tree Drive between Flamingo Waterway and West 51st Street to Ric-man International, Inc., the lowest responsive and responsible bidder,and authorize the City Manager and City Clerk to execute a contract. Was Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying?No. Applicable Area Middle Beach Is this a"Residents Right to Does this item utilize G.O. Know"item,_pursuant to Bond Funds? aty Code Section 2-14? No No Strategic Connection Non-Applicable Legislative Tracking Public Works/Procurement ATTACHMENTS: Description ❑ Attachment A , DocuSign Envelope ID:785CCD60-92DD-4084-AOB1-6526412897A3 DocuSign Envelope ID:ElCl6F8C-D7B7-4312-AD6A-00D800096651 MIAMI BEACH 24-016-01 FORCE MAIN CANAL CROSSING REPLACEMENT AT PINE TREE DRIVE •n.`s-+ 'Yr`.w�� a:: :k„ ._'k a m ..a',. 5 IRe• eit, D ',/ Ric-man International,Inc. PUBLIC WORKS ENGINEERING ;be `tljp{alit,'.` r�dd'b :x ttlf '8riiYaie f . tgraniVAZ,C" $csi `.,h±,:1: V i`' . 0 Joe Gomez abs Gb�kt� Eric Carpenter � 70277Z a,G • � / 50V43887811492_ IM37c. e w. :4 abailbfe. .<e.' � - :al.''pf,1Cs�.. 1�, r'�. •N��f} r IPOKS44 w:',71, �4°�1 :4' r{j,; ," X Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation. Type 3—independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement Type 5—Grant agreements with the City as the grantor Type 8—Other: tY... ary& .0 >1° a a•x e` ff q t "h.<<, ��'f '1;t& - , On January 31,2024,the Mayor and City Commission approved the award of a contract to Ric-man International, Inc.the lowest,responsive,and responsible vendor pursuant to Invitation to Bid(ITB)2024-016-LB for Force Main Canal Crossing Replacement at Pine Tree Drive between Flamingo Waterway and West 5151 Street;authorizing the City Manager and City Clerk to execute a contract.The contract has been form approved by the City Attorney's Office and fully executed by the company.Pursuant to the authority established in the Commission Item C2 M,this item seeks the City Manager's signature to finalize the contract execution process. {g ° (: L- .4N pSz 4; N/A N/A N/A argiM 4.4 • a r . tX I 'i t 0,." (e` V140.,' * ..alt Grant Funded: Yes No • a E ^� P cam "i �X�x; �€ .1 1 State ate Federal .1 Other .i g•gam' .;r .T,: ‘4 *A gr � � � � � �Ws4 : e 144ARE ,Mt 15.4,. N/A $5,189,255.50 418-0815-069357-29-418-000-00-00-00-28520 Yes X No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3,Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. 1441,14 .` 4 gig1,7 'tai> rte+MxYr 6MP City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: N/A C2 M 01/31/2024 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: twgierkavivag moe '• - it _' .' Vie-5, Ci'1' avec::. "ta r" a "" .•,,.?�'% Procurement: '—o«°s.°"`°6y:. Grants: N/A Alex Denis A6. Da" Budget: �1f ^J�� r Information Technology: N/A Tameka Otto-Stewart Matt.Mb s{P.wavf. Risk Management: fifja�00/P810EE1B1' Fleet&Facilities: N/A Human Resources: N/A Other:Kristy Bada Maria Estevez °s "—Ds e--1). Ayanna DaCosta-Earle ��� -l'i�