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HomeMy Public PortalAbout13-8722 Master Mind Construction for Design Build for Sherbonby Park Sponsored by: City Manager RESOLUTION NO. 13-8722 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, TO ENTER INTO AN AGREEMENT WITH MASTERMIND CONTRACTOR, INC. IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIGHTY FIVE THOUSAND ONE HUNDRED EIGHTY SIX DOLLARS AND EIGHTY ONE CENTS ($285,186.81) FOR DESIGN BUILD SERVICES FOR SHERBONDY VILLAGE PARKING PAYABLE FROM ACCOUNT NUMBER 44- 541802, A BUDGETED ITEM;. PROVIDING FOR INCORPORATION OF RECITALS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka requested and received design build proposals from five bidders for the Sherbondy Village Parking Project(RFP-13-2607200); and WHEREAS, Mastermind Contractor, Inc. is the lowest responsive and responsible bidder and ranked 1St among the five bidders that responded to the Request for Proposal (RFP); and WHEREAS, the RFP evaluation panel ranked the bidders based on price, proposal, experience, calculations, plans, and, references, and other criteria as outlined in the RFP; and WHEREAS, the bid from Mastermind Contractor, Inc. was deemed acceptable, as to all categories; and WHEREAS, the City Manager recommends awarding the contract to Mastermind Contractor, Inc.; and WHEREAS, the design build services will include removal of the existing play ground and installation of a new playground, new roadside parking, milling, resurfacing, sidewalk, drainage systems, marking and stripping in accordance with Miami-Dade County and/or Florida Department of Transportation(FDOT) standards; and Resolution No. 13-8722 WHEREAS the funds for the design and building of the Sherbondy Village Parking Project will be paid from account number 44-541802; in the amount of Two Hundred Eighty Five Thousand One Hundred Eighty Six Dollars and Eighty One Cents ($285,186.81). NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka, approves the award of RFP-13-2607200 to Mastermind Contractor, Inc., for design build services for of Sherbondy Village Parking Project, payable from account number 44-541802, in an amount not to exceed Two Hundred Eighty Five Thousand One Hundred Eighty Six Dollars and Eighty One Cents ($285,186.81), a budgeted item, in substantially the form attached hereto as "Exhibit "A". With appropriate provisions for handicap and young child related parking. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of December, 2013. MYNA TAYLOR MAYOR Attest to: , , Jo.i a Flores Ci Clerk Resolution No. 13-8722 Approved a to form and lega ufficiency: 1 6111 i ipi kV ii v I il Jo`rr .. Heller G q ENS OON MARDER PA . r Attorney Moved by: COMMISSIONER JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES OQP-LOCk4 'O �0 ., 9 O u *. a .Raowst0.0 City of Opa-Locka Agenda Cover Memo Commission Meeting 12/11/2013 Item Type: Resolution_ Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) x Public Hearing: Yes No Yes No (Enter X in box) X x Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Ex: (Enter X in box) x Account#44-541802 RFP was advertized for design build services Contract/P.O. Required: Yes No RFP/RFQ/Bi#: RFP-13-2607200 (EnterX in box) Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) X Enhance Organizational fl Bus.&Economic Dev m Is required to receive design build Public Safety .. services for the Sherbondy Village Quality of Education El Parking Qual.of Life&City Image Communcation El Sponsor Name Department: City Manager City Manager Short Title: Design Build Services for Sherbondy Village Parking Staff Summary: The City of Opa-locka requested and received design build proposals from five bidders for the Sherbondy Village Parking Project. The purpose of awarding the project to Mastermind Contractor, inc. is to receive design build service for the Sherbondy Village Parking.The design will include new playground at sherbondy park, new roadside parking, milling, resurfacing, sidewalk, drainage systems, marking and stripping in accordance with the engineer's design per Miami-Dade County and/or Florida Department of Transportation (FDOT) standards. Proposed Action: Mastermind Contractor, Inc. is the lowest bidder and ranked 15t among the five bidders responded to the RFP. The scope has been revised to exclude milling&resurfacing of the exiting parking lot(east of Old City Hall Bldg.) and new parking lot on the city owned vacant lot located north of Opa Hotel and west of Perviz Av/Barack Obama Avenue from the original scope in the RFP.As a result the total bid has been revised. Attachment: 1. Agenda 2. Evaluation Summary Sheet 3. Panel Member's evaluation sheet 4. Copy of Resolution# 13-8615 5. Draft Contract Agreement OQD LOCkd O A G U D MEMORANDUM To: Mayor Myra L.Tayl I Vice Mayor Joseph L.Ke Commissioner Tim I by Ho Commissioner Dorot y Jo Commissioner Luis B Sa'ti I FROM: Kelvin L.Baker,City Manage DATE: November 27,2013 RE: Design Build Services for Sherbondy Village Parking Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MASTERMIND CONTRACTOR, INC. IN THE AMOUNT NOT TO EXCEED TWO HUNDRED EIGHTY FIVE THOUSAND ONE HUNDRED EIGHTY SIX DOLLARS AND EIGHTY ONE CENTS ($285,186.81) FOR THE DESIGN BUILD SERVICES FOR THE SHERBONDY VILLAGE PARKING AS MASTERMIND CONTRACTOR, INC. IS THE HIGHEST RANKED AND MOST RESPONSIVE LOWEST BIDDER, PAYABLE FROM ACCOUNT NUMBER 44- 541802 (BUDGETED). Description: The City of Opa-locka requested and received design build proposals from five bidders for the Sherbondy Village Parking Project. The purpose of awarding the project to Mastermind Contractor,inc. is to receive design build service for the Sherbondy Village Parking.The design build services will include removal of the existing play ground and installation of a new playground, new roadside parking, milling, resurfacing, sidewalk, drainage systems, marking and stripping in accordance with Miami-Dade County and/or Florida Department of Transportation (FDOT) standards. The RFP evaluation panel consisted of city staff was selected by the City Manager and the panel ranked the bidders based on price proposal, experience, calculations, plans, and, references, and other criteria as outlined in the RFP. The following is the bid and score comparison table: Vendor Bid Price Total Score Rank Mastermind Contractor,Inc. $439,292.21 471 1" JVA Engineering Contractor,Inc. $548.452.00 392 2nd ELCI Construction Group,Inc. $797,914.27 287 3`d Gecko Group,Inc. $805,767.00 286.5 4th Pioneer Construction Management,Inc. $924,739.00 253 5th 1I1' agc Account Number: 44-541802 Financial Impact: The item is budgeted. Implementation Timeline: As soon as Possible. Legislative History: Resolution#:13-8615 Recommendation(s): Mastermind Contractor, Inc. is the lowest bidder and ranked 1st among the five bidders responded to the RFP. The scope has been revised to exclude milling&resurfacing of the exiting parking lot (east of Old City Hall Bldg.) and new parking lot on the city owned vacant lot located north of Opa Hotel and west of Perviz Av/Barack Obama Avenue from the original scope in the RFP.The total bid price has been adjusted due to exclusion of the new parking lot and the east parking lot (east of Old City Hall) per the following breakdown: Item Cost Comment Milling&Resurfacing of existing Parking lot(East of Old City Hall Bldg.) $37,000 New Parking lot(West of Perviz Avenue) $80,638.25 Wheel Stops for new parking lot $2,130.00 Type"D' Curb adjustment $2,437.15 Exfiltration Trench for new parking lot $17,250.00 Drainage Structure for new parking lot $13,772.50 To be deducted Lighting for new parking lot $15,400.00 Landscaping adjustment $7,000.00 Design fee adjustment $17,000.00 Sub-total: $192,627.90 Roadway drainage adjustment Exfiltration Trench $24,750.00 Drainage Structures $13,772.50 Sub-total: $38,522.50 To be added $154,105.40 BID PRICE $439,292.21 ADJUSTED GRAND TOTAL $285,186.81 The cost breakdown is in the received bid and has been adjusted per scope adjustment. This is a design build project and the total cost is conventionally estimated based on the engineer's design. The bid price from Mastermind Contractor, Inc is supported by the City acceptable very comprehensive conceptual plan, and calculations. Mastermind Contractor, Inc. provided the best calculations and engineer's plan per the RFP criteria. Staff recommends awarding the contract to Mastermind Contractor,Inc.for the best interest of the City. 2IPa <gc Analysis: This is a design build project and the total conceptual plan governs the total project cost. Mastermind Construction included the best conceptual plan in the bid package does meet the city's need for Sherbondy Village Parking. ATTACHMENT(S): 1. Evaluation Summary Sheet 2. Panel Member's evaluation sheet 3. Copy of Resolution# 13-8615 4. Draft Contract Agreement PREPARED BY: Mohammad Nasir,PE,City Engineer/CIP Director END OF MEMORANDUM 3IPagc Sponsored by: Commissioner Johnson RESOLUTION NO. 13-8615 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR A QUALIFIED PROFESSIONAL FIRM TO DESIGNBUILD SERVICES FOR SHERBONDY VILLAGE PARKING, PAYABLE FROM ACCOUNT NUMBER 44-541802; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka desires to seek a qualified professional firm to design and build a parking area for Sherbondy Village;and WHEREAS, the design must meet the standards as per Miami-Dade County and/or Florida Department of Transportation("FDOT");and WHEREAS, City staff has prepared a parking layout, that the design engineer is required to adhere to; and WHEREAS, the City Commission of the City of Opa-locka authorizes the City Manager to issue a Request for Proposals ("RFP") to a qualified firm for design/build services for the parking area for Sherbondy Village. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka, Florida, hereby directs and authorizes the City Manager to issue an RFP, seeking a qualified professional firm to provide design/build services for the parking area for Sherbondy Village, payable from Account number 44-541802. Resolution No. 13-8615 Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this lath day of June,2013. YRA YLOR MAYOR Attest to: IC..A.)-Th Jo a Flores City Clerk Approved as to orm and legal sufficiency: Ii l _ 1ilL. .,4 _ _ Job if S. ever ,• EN 'OON MARDER PA /' Atte ey Moved by: COMMISSIONER JOHNSON Seconded by: VICE MAYOR KELLEY Commission Vote: 4-1 Commissioner Holmes: NO Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES Loc 0. (. 9 ti CONTRACT AGREEMENT BETWEEN CITY OF OPA- LOCKA AND MASTERMIND CONSTRUCTION, INC. FOR SHERBONDY VILLAGE PARKING AGREEMENT THIS IS AN AGREEMENT,dated the_day of_, 2013,between: CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter "CITY," and MASTERMIND CONSTRUCTION, INC. A licensed Company, authorized to do business in the State of Florida,hereinafter"DESIGN BUILD CONTRACTOR." WITNESSETH: In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set forth,CITY and DESIGN BUILD CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions, of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 CITY requested proposals for Sherbondy Village Parking Project indicating the CITY's desire to hire a Design Build Contractor to perform this work. 1.2 On ,the CITY awarded the DESIGN BUILD CONTRACT and authorized the proper CITY officials to enter into an agreement with DESIGN BUILD CONTRACTOR to render the services more particularly described herein below. ARTICLE 2 SCOPE OF WORK 2.1 The DESIGN BUILD CONTRACTOR shall furnish all of the materials,tools,supplies,and labor necessary to prepare plans,specifications,permitting and complete construction of Sherbondy Village Parking Project,a copy of the advertized RFP is attached hereto and specifically made a part of this Agreement as Composite Exhibit"A". 2.2 DESIGN BUILD CONTRACTOR hereby represents to CITY,with full knowledge that CITY is relying upon these representations when entering into this Agreement with DESIGN BUILD CONTRACTOR, that DESIGN BUILD CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by DESIGN BUILD CONTRACTOR pursuant to the terms of this Agreement. 2.3 DESIGN BUILD CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards for specified services. If within three (3) years following completion of its services,such services fail to meet the aforesaid standards,and the CITY promptly advises DESIGN BUILD CONTRACTOR, DESIGN BUILD CONTRACTOR agrees to re-perform such deficient services without charge to the CITY. 2.4 DESIGN PHASE Contractor should cause for the proposed improvements under this agreement to be designed according to the all applicable Miami-Dade County, Florida Department of Transportation and City of Opa-locka requirements. Copies of the construction documents should be submitted to City staff for review and approval prior to submittal for permitting. At a minimum the design phase shall include the following: • Field Investigations • Survey • Plans • Permits • Construction Documents The design build services will include new pavement, milling, resurfacing, sidewalk, drainage systems, marking and stripping in accordance with the engineer's design per Miami-Dade County and/or Florida Department of Transportation(FDOT) standards. 2.5 PERMITTING • Obtain all permit approvals from applicable regulatory agencies 2.6 CONSTRUCTION • Upon concurrence and award of the contract, Mastermind Construction, Inc., shall initiate the design and permitting by the sub-consultants and subsequently the construction and project closeout as listed the bid package, a copy of the bid package is attached hereto and specifically made a part of this Agreement as Composite Exhibit • The contractor must provide As-Built Drawings at the project closeout. ARTICLE 3 TIME FOR COMPLETION AND LIQUIDATED DAMAGES 3.1 The DESIGN BUILD CONTRACTOR shall commence work to be performed under this Agreement within five (5) working days from the Notice to Proceed (NTP) and must complete by 3.2 Anything to the contrary notwithstanding,minor adjustment to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay by DESIGN BUILD CONTRACTOR. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute,riot or civil commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by DESIGN BUILD CONTRACTOR for which liquidated damages are due. 3.3 Contractor's failure to perform the work specified in this Agreement shall result in Contractor being required to pay liquidated damages in the Amount $1000 per day for each unexcused day after the completion date set forth in Section 3.1 above. ARTICLE 4 CONTRACT SUM 4.1 The CITY hereby agrees to pay DESIGN BUILD CONTRACTOR for the faithful performance of this Agreement, $ for work to be completed in accordance with the "Proposal" submitted by DESIGN BUILD CONTRACTOR. Work completed by the DESIGN BUILD CONTRACTOR shall be as reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof as Exhibit "B", with no change in the price shown. A total contact price hereto is referred to as Contract Sum and shall be 4.2 Not withstanding any other provision of this contract,the DESIGN BUILD CONTRACTOR shall guarantee all portions of the Project against poor workmanship and faulty materials for a period of three (3)years after final payment and shall immediately correct any defects which may appear during this period upon notification by CITY. This provision shall in no way affect the manufacturing warranty for repair or replacement. 4.3 The making and acceptance of the final payment shall constitute a waiver of all claims by DESIGN BUILD CONTRACTOR except those previously made and still unsettled. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.2.1. Owner shall pay pursuant to the Florida Local Government Prompt Payment Act Chapter 218 Florida Statutes. 5.2.2. Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.2.3. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.2.4. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of In percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.2.4.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing),less retainage of ten percent(10%): 5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and subtract amounts, if any, for which the Construction Manager has withheld or nullified a Certificate for Payment. 5.3 The progress payment amount determined in accordance with the above shall be further modified under the following circumstances: 5.3.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Owner determines for incomplete Work and unsettled claims; and 5.4 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Owner and 3) the contractor has met all provisions of the reporting requirements of grants if the project is funded by grant money; such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 LIABILITY INSURANCE 7.1 The DESIGN BUILD CONTRACTOR shall not commence work under this contract until it has obtained all insurance required under this Article and such insurance has been approved by the CITY nor shall the DESIGN BUILD CONTRACTOR allow any Subcontractor, if applicable, to commence work on a sub-contract until all similar such insurance required of the subcontractor has been obtained and approved. 7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City prior to the commencement of the work. These Certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. 7.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide",published by A.M. Best Guide. 7.4 Insurance shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the DESIGN BUILD CONTRACTOR shall furnish, at least three (3) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension there under is in effect. The DESIGN BUILD CONTRACTOR shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. 7.5 Comprehensive General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations,and certain contracts. Coverage must be written on an occurrence basis,with the following limits of liability: (a) Workers' Compensation Insurance - as required by law; (b) Employer's Liability Insurance - $1,000,000 per occurrence; (c) Automobile Liability Insurance - $2,000,000 per occurrence, $1,000,000 per accident; (d) Accident for bodily injury $300,000 and $1,000,000 per accident for property damage. 7.6 The DESIGN BUILD CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this Agreement and name the CITY as an additional insured under their policy. 7.7 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. 7.8 The DESIGN BUILD CONTRACTOR shall not commence work under this contract until it has obtained all required insurance for professional liability. ARTICLE 8 PROTECTION OF PROPERTY 8.1 At all times during the performance of this Contract, the DESIGN BUILD CONTRACTOR shall protect the CITY's property and properties adjoining the Project site from all damage whatsoever. ARTICLE 9 CONTRACTOR'S INDEMNIFICATION 9.1 The DESIGN BUILD CONTRACTOR agrees to release the CITY from and against any and all liability and responsibility in connection with the above mentioned matters and with the work being performed by Contractor. The DESIGN BUILD CONTRACTOR further agrees not to sue or seek any money or damages from CITY in connection with the above mentioned matters. 9.2 The DESIGN BUILD CONTRACTOR agrees to indemnify and hold harmless the CITY, its trustees,elected and appointed officers,agents,servants and employees,from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the DESIGN BUILD CONTRACTOR's negligent acts, errors, or omissions. 9.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its agents, officers, or employees, such liability shall be limited to the extent and limit provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or defense that the City may possess. The City specifically reserves all rights as against any and all claims that may be brought. ARTICLE 10 INDEPENDENT CONTRACTOR 10.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the DESIGN BUILD CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for any purposes,including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act,and the State unemployment insurance law and similar laws. The DESIGN BUILD CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the DESIGN BUILD CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the DESIGN BUILD CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by DESIGN BUILD CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 11 CONTRACT BOND The DESIGN BUILD CONTRACTOR is required to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, including Alternates if any, with the City of Opa-Locka as the obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. ARTICLE 12 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 12.1 CITY or DESIGN BUILD CONTRACTOR may request changes that would increase decrease or otherwise modify the Scope of Services/Basic Services to be provided under this Agreement as described in Article 2 of this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the parties hereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. Each amendment shall at a minimum include the following information on each project: PROJECT NAME PROJECT DESCRIPTION ESTIMATED PROJECT COST ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT ESTIMATED PROJECT COMPLETION DATE 12.2 In no event will the DESIGN BUILD CONTRACTOR be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 13 TERM AND TERMINATION 13.1 This Agreement may be terminated by either party for cause,or the CITY for convenience, upon written notice by the CITY to DESIGN BUILD CONTRACTOR in which event the DESIGN BUILD CONTRACTOR shall be paid its compensation for services performed to termination date. In the event that the DESIGN BUILD CONTRACTOR abandons this Agreement or causes it to be terminated, he shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared by DESIGN BUILD CONTRACTOR shall become the property of CITY and shall be delivered by DESIGN BUILD CONTRACTOR to CITY. 13.2 This Agreement shall take effect as of the date of execution as shown herein below and continue for such time as is contemplated by the Agreement. ARTICLE 14 CONTRACT DOCUMENTS 14.1 DESIGN BUILD CONTRACTOR and CITY hereby agree that the following Specification and Contract Documents, which are attached hereto and made a part thereof, are fully incorporated herein and made a part of this Agreement, as if written herein word for word: This Agreement; DESIGN BUILD CONTRACTOR's proposal as set forth in Exhibit "B"; Specifications,"A", RFP; and any other exhibits thereto, or to this Agreement.. ARTICLE 15 MISCELLANEOUS 15.1 Legal Representation: It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 15.2 Assignments: This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by DESIGN BUILD CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of DESIGN BUILD CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the CITY and its successors and assigns. 15.3 Records: DESIGN BUILD CONTRACTOR shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which DESIGN BUILD CONTRACTOR expects to be reimbursed, if applicable. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement, or for such longer period as is required by law. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 15.4 Ownership of Documents: Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of City. 15.5 No Contingent Fees: DESIGN BUILD CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the DESIGN BUILD CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for DESIGN BUILD CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage,gift or consideration. 15.6 Notice: Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party,at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the DESIGN BUILD CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: Kelvin L. Baker,City Manager 3400 NW 135th Street, Building-B,Opa-locka,Florida 33054 COPY TO: Joseph S. Geller,City Attorney 3400 NW 135th Street, Building-B, Opa-locka, Florida 33054 CONTRACTOR: Tim Smathers, President Mastermind Construction, Inc. 1854 NW 204th Street,Miami Gardens,FL 33056 Tel :305- 562-0347 Fax: 305-974-4890 15.7 Binding Authority: Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.8 Exhibits: Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 15.9 Headings: Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 15.10 Severability: If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable,the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,and be enforced to the fullest extent permitted by law. 15.11 Governing Law: This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami-Dade County, Florida. 15.12 Disputes: Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Eleventh Judicial Circuit Court in and for Miami-Dade County. 15.13 Attorney's Fees: To the extent authorized by law, in the event that either party brings suit for enforcement of this Agreement,the prevailing party shall be entitled to attorney's fees and court costs in addition to any other remedy afforded by law. 15.14 Extent of Agreement: This Agreement, together with all contract documents, and all exhibits hereto or to the contract documents, represents the entire and integrated agreement between the CITY and the DESIGN BUILD CONTRACTOR and supersedes all prior negotiations, representations or agreements,either written or oral. 15.15 Waiver: Failure of the CITY to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. 15.16 Equal Opportunity Employment: DESIGN BUILD CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take affirmative steps to ensure that applicants are employed and employees are treated, during employment,without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or termination; rates of pay or other forms of compensation;and selection for training,including apprenticeships. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ARTICLE 16 NOTICE TO PROCEED The contractor and the engineer shall commence work within five (5) five working days from the date of the Notice to Proceed (NTP). No work shall begin without NTP. Residents must be given at least 48 hours notice to commence construction at the site. CITY OF OPA-LOCKA ATTEST: BY: Joanna Flores,CMC Kelvin L.Baker City Clerk City Manager APPROVED AS TO FORM: Joseph S.Geller, City Attorney CONTRACTOR WITNESSES: Authorized Representative ATTEST: SECRETARY STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of , a Florida corporation, and acknowledged executed the foregoing Agreement as the proper official of for the use and purposes mentioned in it and affixed the official seal of the corporation,and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this_day of , 2013. NOTARY PUBLIC My Commission Expires: See attached document for Exhibit "A" REQUEST FOR PROPOSAL (RFP) See attached document for Exhibit "B" DESIGN BUILD CONTRACTOR'S PROPOSAL See attached document for Exhibit "C" CONTRACTOR'S BID PACKAGE CITY OF OPA LOCKA RFP-13-2607200 SHERBONDY VILLAGE PARKING MASTERMIND GECKO E.L.C.I. PIONEER JVA PRICE max 60pts Erskin 60 32.7 33 28 48 Howard 60 32.7 33 28 48 Mohammad 60 32.7 33 28 48 Arshad 60 32.7 33 28 48 Gerald 60 32.7 33 28 48 TECH APPROACH max 15 pts Erskin 15 10 10 10 5 Howard 15 10 10 10 0 Mohammad 15 5 5 10 5 Arshad 15 7 5 10 6 Gerald 15 10 15 15 15 RELATED EXPERIENCE max 10 pts Erskin 10 10 10 5 10 Howard 10 5 5 0 10 Mohammad 10 5 5 0 10 Arshad 10 5 5 0 10 Gerald 10 5 5 5 10 REFERENCES max 10 pts Erskin 5 5 10 5 10 Howard 5 5 3 5 10 Mohammad 5 5 3 5 9 Arshad 5 5 3 5 9 Gerald 3 8 5 5 10 LETTER OF INTRODUCTION max pts 5 Erskin 5 5 5 5 5 Howard 5 5 5 5 5 Mohammad 4 4 4 4 4 Arshad 4 4 4 4 4 Gerald 5 5 5 5 5 TOTALS 471 286.5 287 253 392 RANKING Mastermind 471 JVA 392 E.L.C.I. 287 Gecko 286.5 Poineer 253 CITY OF OPA LOCKA RFP-13-2607200 SHERBONDY VILLAGE PARKING MASTERMIND GECKO E.L.C.I. PIONEER NA 4.4 0,9, 2.73. 70s y/(07 797, 9ici 12-41757 SS%, 4 PRICE max 6Opts (, 0 ?Y .3'5 7,5s 1- TECH APPROACH max 15 pts I S /0 (' (0 S RELATED EXPERIENCE max 10pts to /0 10 0 /O REFERENCES max 10 pts 5 5 10 (O LETTER OF INTRODUCTION _ _ max pts 5 IS 5 S S 5 TOTAL TOTALS q 5 (0 . ..7 G g 1-f g - e.-51(...i. 1.-lo„,.,./ 4,',,,,t -zio.,,V 8.- Y - (3 Print name Sign name Date cj l\(. \\IC II CITY OF OPA LOCKA RFP-13-2607200 SHERBONDY VILLAGE PARKING MASTERMIND GECKO E.L.C.I. PIONEER NA PRICE max 60pts 60 12. 7 35 21 0 TECH APPROACH max 15 pts /r lo lb /0 0 RELATED EXPERIENCE max /0 5 5 0 /0 lO pts 3 REFERENCES max 10 pts 5 S ! 5 /0 LETTER OF INTRODUCTION c max pts 5 5 •7 TOTAL TOTALS 75 57 7 5b it f 73 441Md / ,a/ e.g..j Print name Or Sign name Date ' \\':'' i\‘:-) CITY OF OPA LOCKA RFP-13-2607200 SHERBONDY VILLAGE PARKING MASTERMIND GECKO E.L.C.I. PIONEER JVA PRICE max 60pts 60 32-'7 33 078 ifg TECH APPROACH max 15 pts /5 5 S to 6- RELATED EXPERIENCE max (0 S 0 to 10 pts Q REFERENCES max 10 pts 5- S 3 C ` LETTER OF INTRODUCTION [� L max pts 5 TOTAL TOTALS AAMSMAitirb Ni9ks ief& .■*.gt LPL ______?&_ Print name ' ) ame Date 4 n/ 1 Oidi° CITY OF OPA LOCKA RFP-13-2607200 SHERBONDY VILLAGE PARKING MASTERMIND GECKO E.L.C.I. PIONEER JVA PRICE max60pts do 32. 7 33 28 48 TECH APPROACH max 15 pts j s 5' I O 6 RELATED EXPERIENCE max 10pts 10 S S 0 /0 REFERENCES max 10 pts 5- 3 9 LETTER OF INTRODUCTION max pts s 4 4 TOTAL TOTALS ARSHAT) Vi QAR 6-8- /3 Print name Sign name Date i (-)ii\NI CITY OF OPA LOCKA RFP-13-2607200 SHERBONDY VILLAGE PARKING MASTERMIND GECKO E.L.C.I. PIONEER JVA PRICE max 6Opts (DO .el 3 a?) 4b TECH APPROACH max 15 pts I S 10 1 5 I 5 1 6 RELATED EXPERIENCE max O r O 10 pts REFERENCES max 10 pts 3 g 5 5 I LETTER OF INTRODUCTION max pts 5 TOTAL TOTALS q 3 (0 & 3 5 B 78 60,4,a Lo-kr /41 rig I 13 Print name Si: name Date . ' \1 I '.