HomeMy Public PortalAbout2015-16 Approving agreement with Keif Carpentry, IncRESOLUTION NO. 2015-16
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, APPROVING THE AGREEMENT
BETWEEN THE VILLAGE OF KEY BISCAYNE AND KEIF
CARPENTRY, INC., CONCERNING THE REPAIR OF THE
VILLAGE GREEN BATHROOMS; PROVIDING FOR
WAIVER OF COMPETITIVE BIDDING; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE
AGREEMENT; AUTHORIZING EXPENDITURE OF FUNDS;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 3.07(b) of the Village Charter, the Village Council desires
to authorize the expenditure of Village funds for a capital project consisting of the repair of the
Village Green bathrooms (the "Bathroom Repairs"); and
WHEREAS, Keif Carpentry, Inc. ("Keif") has submitted a proposal to the Village for the
Bathroom Repairs; and
WHEREAS, the Village Council desires to accept the proposal and enter into an Agreement
with Keif for the Bathroom Repairs in substantially the form attached as Exhibit "A" (the
"Agreement"); and
WHEREAS, pursuant to Section 2-85 of the Village Code of Ordinances (the `Village
Code"), the Village Council finds that it is impractical to competitively bid the Bathroom Repairs
and desires to waive competitive bidding requirements; and
WHEREAS, the Village Council finds that the adoption of this Resolution is in the best
interest and welfare of the residents of the Village.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Project Authorized; Specification of Funds. That the Bathroom Repairs
as described herein and in the Agreement attached hereto as Exhibit "A" is approved and authorized,
subject to the condition that the cost of the Bathroom Repairs shall not exceed $18,200.00. The
funding sources and amounts for the Bathroom Repairs is hereby authorized and approved as set
forth in the Village Manager's Memorandum accompanying this Resolution.
Section 3. Waiver of Competitive Bidding, That pursuant to Section 2-85 of the
Village Code, competitive bidding procedures of the Village Code are hereby waived for the
Bathroom Repairs.
Section 4. Agreement Approved. That the Village Manager is hereby authorized to
execute the Agreement with Keif, in substantially the form attached hereto as Exhibit "A," once the
Agreement is approved by the Village Attorney as to form and legal sufficiency.
Section 5. Implementation. That the Village Manager is authorized to take any
necessary action to implement the purposes of this Resolution and the Agreement.
Section 6. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 28th day of April 2015.
A /1
MA YRA PENA LINDS
2
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
3
EXHIBIT "A"
VILLAGE OF KEY BISCAYNE, FLORIDA
EMERGENCY/MINOR CONSTRUCTION AGREEMENT
I THIS CONSTRUCTION AGREEMENT (the "Agreement") dated this I day of May, 2015,
Is
BETWEEN
the Village of Key Biscayne, a municipal corporation of the State of Florida, with address at
88 West McIntyre Street, Florida 33149 (the "Municipality") AND
Keif Carpentry, Inc. a Florida corporation, with address at 200 Galen Drive #101, Key Biscayne,
FL 33149 (the "Contractor").
BACKGROUND:
A. The Municipality is of the opinion that the Contractor has the necessary qualifications,
experience and abilities to provide services to the Municipality for the Municipality's Village
Green Park bathrooms project (the "Project").
B. The Contractor is agreeable to providing such services to the Municipality on the terms
and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations
set forth in this Agreement, the receipt and sufficiency of which consideration is hereby
acknowledged, the Municipality and the Contractor (individually the "Party" and collectively the
"Parties" to this Agreement) agree as follows:
Services Provided
1. The Municipality hereby agrees to engage the Contractor to provide the Municipality with
services (the "Services") consisting of shaker -style starboard doors, including jamb
material and casing, for the boys and girls bathroom stalls and storage room and of
installation of grey composite at repaired roof top areas at the Village Green Park in
accordance with the Contractor's proposal attached hereto as Exhibit "A".
2. The Services may also include any other related tasks which the Parties may agree on.
The Contractor hereby agrees to provide such Services to the Municipality
Term of Agreement
3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will
remain in full force and effect until the completion of the Services, subject to earlier
termination as provided in this Agreement. The Term of this Agreement may be extended
by mutual written agreement of the Parties.
4. In the event that either Party wishes to terminate this Agreement without cause, that Party
will be required to provide 10 days prior written notice to the other Party.
5. In the event that the Municipality terminates this Agreement for cause, the Contractor shall
immediately cease performance of the work and vacate the site. The Municipality will
compensate the Contractor for the reasonable value of work performed up to the
termination date, but shall reserve the right to withhold payment for damages, excess
costs to complete or other Municipality expenses. Termination costs shall not include lost
profits, consequential damages, delay damages, unabsorbed or under -absorbed
overhead expenses of the Contractor, its subcontractors or suppliers
Performance
6 The Contractor shall be responsible for the performance of all services under this
Agreement until those services are complete and accepted by the Municipality; and shall
assign a skilled and competent supervisor who shall be on the job site at all times that
work is being performed and who shall be responsible for:
o Coordinating, directing and supervising all work and workers utilized on the site,
o Verifying any and all measurements at the site,
o Assuring that all work under this Agreement progresses in accordance with the
plans and specifications and without delay,
o Enforcing Contractor's Health and Safety provisions on the job site, including
fences, guards, use of personal protective equipment and safe work practices.
o Receiving, inspecting, accepting and protecting any and all equipment, materials
and supplies delivered to or stored at the site, and
o Inspecting and protecting any and all completed work at the site
Compensation
7. For the services rendered by the Contractor as required by this Agreement, the
Municipality will provide compensation (the "Compensation") to the Contractor of a fixed
amount of $18,200.00.
8. The Compensation will be payable, while this Agreement is in force, according to the
following payment terms:
o Progress Payments of undisputed amounts shall be made within 30 days of the
receipt by the Municipality of a properly prepared and submitted, per Municipality
requirements, monthly Application for Payment
9. The above Compensation includes all applicable sales tax, and duties as required by law.
Changes
10. In the event that the Municipality orders or authorizes changes in the services, within the
general scope of this Agreement, consisting of additions, deletions or revisions, the
compensation and/or Construction Duration may be equitably adjusted only by a written
Change Order executed by both Parties.
Compliance with Laws and Regulations
11. The Contractor shall comply with any and all applicable federal, state and local laws, rules,
codes and regulations with respect to the services under this Agreement
Payment Penalties
12. In the event that the Municipality does not comply with the rates, amounts, or payment
dates provided in this Agreement, a late payment penalty will be charged as follows:
o Payments of undisputed invoice amounts made more than 30 days after the
payment due date shall bear interest at the current legal rate for each month or
part thereof that the payment is late.
Return of Property
13. Upon the expiry or termination of this Agreement, the Contractor will return to the
Municipality any property, documentation, records, or confidential information which is the
property of the Municipality.
Capacity/ as Independent Contractor
14. In providing the Services under this Agreement it is expressly agreed that the Contractor
is acting as an independent contractor and not as an employee. The Contractor and the
Municipality acknowledge that this Agreement does not create a partnership or joint
venture between them, and is exclusively a contract for service.
Notice
15. All notices, requests, demands or other communications required or permitted by the
terms of this Agreement will be given in writing and delivered to the Parties of this
Agreement as follows:
a. Village of Key Biscayne
Attn. John C. Gilbert, Village Manager
88 West McIntyre
Key Biscayne, Florida, 33149
Fax: (305) 365-8914
With a copy to:
Steven Helfman, Esq.
Village Attorney
Weiss Serota Hellman Cole & Bierman
2525 Ponce de Leon Boulevard
Coral Gables, Florida, 33134
Fax: (305) 854-2323
Email' shelfman@wsh-law.com
b. Leif Carpentry, Inc.
Attn. Brian Keif
200 Galen Drive, #101
Key Biscayne, Florida, 33149
Email: brianmkeif@yahoo.com
or to such other address as any Party may from time to time notify the other.
Indemnification
16. The Contractor will indemnify and hold harmless the Municipality from and against any
and all claims, losses, damages, liabilities, penalties, punitive damages, expenses,
reasonable legal fees and costs of any kind or amount whatsoever to the extent that
any of the foregoing is directly or proximately caused by the negligent or willful acts or
omissions of the Contractor or its agents or representatives and which result from or
arise out of the Contractor's participation in this Agreement. This indemnification will
survive the termination of this Agreement.
Insurance
17. The Contractor will be required to obtain and maintain for the duration of this
Agreement:
a. Commercial General Liability insurance including coverage for bodily injury and
property damage in the minimum amount of $1,000,000 per occurrence and
$2,000,000 in the aggregate combined single limit for bodily injury and property
damage. This liability insurance shall include completed operations and
product liability coverage and eliminate the exclusion respecting property
under the care, custody and control of the Contractor.
b Business Automobile Insurance for owned, hired and non -owned vehicles with
minimum limits of $1,000,000 per occurrence combined single limit for bodily
injury and property damage and without restrictive endorsements.
c. Worker's Compensation Insurance, to apply to all employees of the Contractor,
for statutory limits as required by the State of Florida and Employer's Liability
Insurance with minimum limits of $1,000,000 per accident.
d. Builder's Risk Insurance (Not Applicable)
18. Certificates of Insurance shall be provided to the Municipality by the Contractor prior
to commencing any services hereunder. Each Certificate shall include a provision that
not less than 30 days written notice shall be provided to the Municipality before any
policy or coverage is cancelled, terminated, restricted or materially altered.
19. Except for Worker's Compensation and Employer's Liability policies, all insurances
shall designate the Municipality as an additional insured, shall apply on a primary basis
and contain a severability of interest provision
Permits, Taxes and Licenses
20. The Contractor shall, at its own expense, obtain all necessary permits, pay all license
fees, other fees and taxes required to comply with local ordinances, state and federal
laws, rule, regulations and professional standards that are applicable to this
agreement.
Dispute Resolution
21. In the event a dispute arises out of or in connection with this Agreement, the Parties
will attempt to resolve the dispute through friendly consultation.
22. If the dispute is not resolved within a reasonable period, then any or all outstanding
issues may be submitted to mediation in accordance with any statutory rules of
mediation. In the event that mediation is unsuccessful, either Party may initiate an
action in law or equity in a court of competent jurisdiction.
Modification of Agreement
23. Any amendment or modification of this Agreement or additional obligation assumed
by either Party in connection with this Agreement will only be binding if evidenced in
writing signed by each Party or an authorized representative of each Party.
Time of the Essence
24. Time is of the essence in this Agreement. The duration for the performance of services
under this Agreement is 30 days (Construction Duration), as may be amended. In the
event that performance of the services under this Agreement is delayed by the
occurrence of any act or event that is not the fault of the Contractor, the Construction
Duration may be reasonably extended upon prompt notification and request of the
Contractor and approval by the Municipality, which extension shall be the sole remedy
for such delay.
25. In the event that the Contractor fails to complete the work by the date of this Agreement
plus the Construction Duration, the Contractor shall pay to the Municipality, as
liquidated damages and not as a penalty, the sum of $1.00 per day of delay beyond
the date corresponding to the date of this Agreement plus the Construction Duration,
as may be amended.
Assignment
26. The Contractor will not voluntarily or by operation of law assign or otherwise transfer
its obligations under this Agreement without the prior written consent of the
Municipality.
Entire Agreement
27. It is agreed that there is no representation, warranty, collateral agreement or condition
affecting this Agreement except as expressly provided in this Agreement.
Inurement
28. This Agreement will inure to the benefit of and be binding on the Parties and their
respective heirs, executors, administrators, successors and permitted assigns.
Titles/Headings
29. Headings are inserted for the convenience of the Parties only and are not to be
considered when interpreting this Agreement.
Interpretation
30 Words in the singular mean and include the plural and vice versa Words in the
masculine mean and include the feminine and vice versa.
Governing Law
31. It is the intent of the Parties to this Agreement that this Agreement and the
performance under this Agreement, and all suits and special proceedings under this
Agreement, be construed in accordance with and governed, to the exclusion of the law
of any other forum, by the laws of the State of Florida, without regard to the jurisdiction
in which any action or special proceeding may be instituted.
Severabilit
32. In the event that any of the provisions of this Agreement are held to be invalid or
unenforceable in whole or in part, all other provisions will nevertheless continue to be
valid and enforceable with the invalid or unenforceable parts severed from the
remainder of this Agreement.
Waiver
33 The waiver by either Party of a breach, default, delay or omission of any of the
provisions of this Agreement by the other Party will not be construed as a waiver of
any subsequent breach of the same or other provisions.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on
this \ I day of May, 2015.
FOR THE CONTRACTOR:
Keif .. rpent ; Inc.
By:
(Title) 5/ )7VA)
FOR THE VILLAGE:
VILLAGE OF KEY BISCAYNE,
a Florida municipal corporatigg
,N 1.1
onchita Alvarez, Village Clerk, v1C
Approved as to For Legal Sufficiency:
Estimate
Estimate No: 77
Date: February 24, 2015
For: Village Of Key Biscayne
Ref: Village Green Bathrooms
200 Galen Dr. 0101
Miami, 0 33149
786-488-1467
snanmkeif@yahoo.com
Description Quantity Rate Amount
Custom shaker style starboard doors including all jamb material and casing for doors to 6 $1,700.00 510,200.00"
bathroom stalls. Includes stainless steel hinges.
Storage door done in starboard shaker style 2 51,500.00 $3,000.00'
Install gray composite in areas repaired in rooftop to ensure no future peeling or rot 2 52,500.00 $5,000.00"
* Indicates non-taxable item
50%deposit required
25% for 3/4 progress payment
25% upon completion
Subtotal $18,200.00
TAX (7.00%) $0.00
Total $18,200.00
1l1
AC Mt '
CERTIFICATE OF LIABILITY INSURANCE
DATE (MWDO/YYYY)
08/15/14
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsee. N SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on ihla certificate does not confer rights 50150
certificate holder in lieu of such endorsement(s).
PRODUCER
Florida Bankers Insurance
7276 SW 8 Street
Miami, FL 33144
Phone (305)266-6493 Fax (305)282-0679
CONTACT NAME: MARIA ALONSO
INC No Ess: (305)266-6493 jp um; (305)262-0679
E-MAIL AOORFSS: marta@floridabankerainsurance.com
INSURER(S)AFFORDINO COVERAGE
NAIC ;e
INSURER A: FEDERATED NATIONAL INSURANCE CO..
INSURED
Keif Carpentry Inc, Brian
200 Galen Drive # 101
KEY BISCAYNE, FL 33149- 305
INSURER B :
INSURER C:
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
LFtifiR
TYPE OF INSURANCE
808
S
WVD
POLICY NUMBER
(MNmWyyYYYY)
(MMNWYYYY)
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000.00
0 COMMERCIAL GENERAL LIABILITY
PREMISES (Esoccurrence) 8
100,000.00
❑ ❑ CLAIMS -MADE 0 OCCUR
GL -0504012430-0
person MED EXP (Any one
$ 5,000.00
A
PERSONAL $ ADV INJURY
8 1,000,000.00
❑
❑
GENERAL AGGREGATE
8 2,000,000.00
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMP/OP AGG
$ 2,000,000.00
O POLICY ❑ JF f ❑ LOC
$
AUTOMOBILE UAMLITY
COMBaccident)INEEDSINGLE LIMIT
$
❑ ANY AUTO
BODILY INJURY(Rer person)
5
❑ A O NED ❑ SCHEDULED
BODILY INJURY (Per accident)
$
❑ HIRED AUTOS NON-0Y,NED
❑ AUTOS
PROPERTY DAMAGE
(Per acad.()
$
❑ ❑
$
❑ UMBRELLA LIAB ❑ OCCUR
EACH OCCURRENCE
$
❑ EXCESS DAB ❑ CLAIMS -MADE
AGGREGATE
8
❑ DED ❑ RETENTIONS
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
❑ TWCSTATITS ❑ 0Tµ
ANY PROPRIETOR/PARTNER/EXECUTIVE
E%CLUDED4
N/A
E.L. EACH ACCIDENT
8
(MMIC datory In NH)) ■
Ifyes, 051150under
E. L. DISEASE - EA EMPLOYE
8
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more yam Ie required)
CDC BUILDERS , INC and Agents , Officers , Directors and Employees and MH Ocean House LLC , are named as additional insured with respects to general
liability arising out of the work performed by the insured .Insurance coverage is primary and non-contributory to any other insurance available to the Certificate holder.
Waiver of rights to recover from others in favor of additional insured as respects to general liability .
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CDC BUILDERS INC
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
MH OCEAN HOUSE , LLC
ACCORDANCE WITH THE POLICY PROVISIONS.
5805 BLUE LAGOON DR *480
MIAMI , FLORID 33126
AUTHORIZED REPRESENTATIVE
rv; 0
I
117188. bmp
ACORD 25 (2010/05) QF
m 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTICE OF ELECTION TO BE EXEMPT
If this application contains incomplete or inaccurate information, it may cause a delay in the issuance of your exemption. An
officer electing an exemption under Chapter 440, Florida Statutes, is not entitled to benefits under this chapter.
Section 1:
APPLICANT INFORMATION
First & Last Name: brian m keif
State Driver's License Number: State ID Number:
k100073741450
Date of Birth:
4/25/1974
Social Security Number (last four digits): 3239
Email Address: brianmkeif@yahoo.com
State: FL
Section 2:
CONSTRUCTION INDUSTRY APPLICANT ($50 FEE REQUIRED)
Officer of a Corporation (Construction)
Corporate Title: PRESIDENT
Section 3:
This section should be completed with information specific to your corporation or to the limited liability company in which you are
a member. The name of the corporation or limited liability company listed on this application MUST match the name of the
corporation or limited liability company as registered with the Florida Division of Corporations.
Name of Corporation or LLC: keif carpentry inc
IF YOU NEED TO APPLY FOR A FEIN. CLICK HERE
Business Name (DBA): Keif Carpentry
Applicant's Address of Record: 200 galen dr. 101
City key biscayne State: FL
FEIN: 45-4426589
Phone: (786)488-1467
Zip 33149 County: Miami -Dade
Click on the arrow(s) next to the text box(s) to view a list of available Scope classifications/trades for the form type chosen in
Section 2. Click on the appropriate scope to select. If you are unsure as to which classification/trade to choose, please contact
your workers' compensation insurance carrier. If you do not have a workers' compensation insurance policy, contact the
National Council on Compensation Insurance (NCCI) at 1-800-622-4123 option 5 to obtain a classification code.
Scope 1: 05437 Carpentry -
Installation of Cabinet
Work o
Scope 2:
Scope 3: Scope 4:
Section 4:
The corporation of which you are an officer or limited liability company of which you are a member must be registered and in ACTIVE status
with the Florida Division of Corporations. Applicants applying as an officer of a corporation must be listed as an officer of the Corporation with
the Florida Division of Corporations. List the document number on file with the Florida Division of Corporations.
p10000043589
Section 5:
Pursuant to Chapter 489, F.S. (contractor licensing law), list certified or registered licenses related to the scope of business or
trade listed in Section 3 held by the applicant, or the certified or registered license numbers held by the qualifier for the
corporation or limited liability company listed on this application. The business name listed on the license MUST match the name
of the corporation or limited liability company as registered with the Florida Division of Corporations and on this Notice of Election
to be Exempt.
finish carpentry 12bs00110
Section 6:
If you have submitted an electronic payment for this application, the transaction confirmation number is listed in the following space:
Confirmation Number: 184095937 Application Number: E00185038
Section 7: N/A
Are you affiliated with any corporation or limited liability company other than the corporation or limited liability company to which
this application applies?
Name: FEIN Name: FEIN
Name: FEIN
Section 8: CONSTRUCTION INDUSTRY AND NON -CONSTRUCTION INDUSTRY LLC MEMBERS ONLY
To be eligible for a construction industry exemption or a non -construction limited liability company exemption, an applicant must
have the required ownership of the corporation or limited liability company.
I am a shareholder owning at least ten percent(10%) of stock of the corporation listed on this application.
Section 9:
I certify that any employees of the corporation or members of the limited liability company listed in Section 3 are covered by
workers' compensation insurance. Please identify the workers' compensation insurance carrier that covers any non-exempt
employees.
Carrier Name: My business does not have any non-exempt employees
Section 10: FRAUD NOTICE
A. Any person who, knowingly and with intent to injure, defraud, or deceive the department or any employer or employee,
insurance company or any other person, files a Notice of Election to be Exempt containing any false or misleading
information is guilty of a felony of the third degree.
B. Attestation of applicant — By providing my name below, I attest that I have read, understand and acknowledge the
foregoing notice.
C. Acknowledge that this Notice of Election to be Exempt does not exceed limits for corporate officers, including any
affiliated corporations as provided in Section 440.02, Florida Statutes.
First Name: brian Last Name: keif
Note: The Division has 30 days to review your application to determine if it meets the eligibility requirements for the issuance of
an exemption. The Division will either issue a Certificate of Election to be Exempt or notify you that your application is incomplete.
The Division reviews and processes exemption applications in the order they are received.
Exemption information is reflected on the Proof of Coverage database the day following the issuance of the exemption. Visit the
Division's website at http://www.myfloridacfo.com/wc to print your certificate.