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:
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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
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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
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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
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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.
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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
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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:
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Jo a Flores
City Clerk
Approved as to orm and legal sufficiency:
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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
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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 '.