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Home My Public Portal About2015-17 Approving agreement with JWM Builders GroupRESOLUTION NO. 2015-17 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 JWM BUILDERS GROUP, 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, JWM Builders Group, Inc. ("JWM") 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 JWM 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 $5,500.00. 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 JWM, 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. P. I MAY MAYRA PENA LINDSLY` 2 CONCHITA H. ALVAREZ, MMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY \OR►o EXHIBIT "A" VILLAGE OF KEY BISCAYNE, FLORIDA EMERGENCY/MINOR CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT (the "Agreement") dated this 2-:t day of April, 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 JWM Builders Group, Inc., a Florida corporation, with address at 1257 S.W. 15`" Street, Miami, FL 33145 (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 removal and replacement of wood supports for the spire roofs of the boys and girls bathrooms 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 $5,500.00. 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 Helfman Cole & Bierman 2525 Ponce de Leon Boulevard Coral Gables, Florida, 33134 Fax: (305) 854-2323 Email: shelfman@wsh-law.com b. JWM Builders Group, Inc. Attn. John Marcheret 1257 S.W. 15'h Street Miami, Florida, 33145 Email: Jwmbuildersgroup gmail.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 27.1t 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 day of April, 2015. FOR THE CONTRACTOR: JWM B}1jldQrs Group, Inc. B (Title) { le�fO T FOR THE VILLAGE: VILLAGE OF KEY BISCAYNE, a Florida municipal corporation onchita Alvarez, Village Clerk, Approved as to Fo and Legal Sufficiency: JWM Builders Group 1257 S.W. 15 Street 8202 Miami, Fl. 33145 786 457 7182 Jwmbuildersgrou ptg mai I. com For: Brian Keif Description Estimate Estimate No: Date: Quantity 54 24 Feb 15 Rate Amount Remove and replace wood supports for the spire roofs of the boys and girls 1.00 05,500.00 55,500.00' bathrooms at the Village Green park • Indicates non-taxable item Subtotal TAX (8.00%) Total $5,500.00 $0.00 $5,500.00 Page 1 of 1 LICENSE. NUMBER CBC1253716 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The BUILDING CONTRACTOR Named•below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 MARCHERET, JOHN WAL JWM BUILDERS GROU 1257 SW 15THSTR MIAMI PCB ISSUED. 08/31/2014 DISPLAY AS REQUIRED BY LAW SEQ # L1408310003133 16 BUSINESS PAYMENT BNCEMED GENERAL BY YA% COLLECTOR NTRACTOR 4500 08128/2014 16 '' 0223-14-008880 'nib local T R*4 $ .iY L / Y .ili11. L..It T.. tbp.e.i/r b not* lie.a.. .:J• t. or lion IWl1. no •Ox ajons,lt8u .... *Idol MA s.mp1 wins ..Y„..Ir.n.l ' 1N '"I�Lki1i11 M1.I1�.1Ii1M• • drq.v..el*wl¢L ppinwiwwB f. . TL. MAIM NO anode** be :b/1.J./MN.N..rei.l wrM.M.$401-0.4.[... s....4x. TY INSURANCE DATE(MWDDIYYYYI 0510712015 ."1:49731 A ACORD CERTIFICATE OF LIABILI PRODUCER COVER ALL INSURANCE 5800 W. ATLANTIC BLVD. MARGATE FL 33063 PN (954) 956-0006 FX (954)956-0555 INSURED JWM BUILDERS GROUP, INC. 1251 SW 15TH. STREET SURE 202 MIAMI FL 33145 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CERTIFICATE DOES OR ALTER THEHISCOVERAGE AFFORDED BYO TTHE POLICIES BEAMEND XTENLOW. INSURERS AFFORDING COVERAGE INSURERA FEDERATED NATIONAL INSURANCE INSURER B. INSURER C: INSURER 0 INSURER E: NAIC 9 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREENT. TERM OR CONDITION OF ANY WITH RE PECT TO THIS MAY BE ICATE D MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCI SCDESCRIBEDEHEREINU 5ESUBJECT TO O ALL THE TERMS EXCLUSIONSFAND CONDITIONS OFESUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PoATE (Y AVFA4 I PRAAYE 1 M/r1Dr1T'YON TYPF 05 INRIIRANCF GENERAL LIABIUTY A COMMERCIAL GENERAL LIABILITY CLAIMS MADE A OCCUR GEE INL AGOREjG�AT'E LIMIT APPLI S PER. A 1 POLICY I I tWri I LOC AUTOMOBILE LABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED A11108 HIRED AUTOS NON -OWNED AUTOS POLICY NUMBER GL•0504009236.02 05/2212014 05/22/2015 GARAGE L/ABIU TY ANY AUTO EXCESS/UMBRELLA LABILITY 7 OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' UIBILTTY OFFICERIMEMUEER EEXCLUDE ECUTIVE 'kgye dascr O\ SIX SPECIAL PROVISIONS cebr OTHER LIMITS EACH OCCURRENCE $ 1,599,500 DAMAGE TO RENTED PRFMICFEr MED EXP (My one pxeon) PERSONAL S ADV INJURY GENERAL AGGREGATE PRODUCTS • COMPIOP AGG COMBINED SINGLE LIMIT (El ecc.derd) $ 100,000 $ 5,000 $ 1,000,000 $ 2,000,000 2,000,000 BODILY INJURY (Per Person) BODILY INJURY (Poe accident) PROPERTY DAMAGE (Peraoddent) AUTO ONLY • EA ACCIDENT OTHER THAN AUTO ONLY, EA ACC EACH OCCURRENCE AGGREGATE AGG 1 TTIRY T M.ITRA I I° a EL. EACH ACCIDENT L DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS REMODELING CERTIFICATE HOLDER VILLAGE OF KEY BISCAYNE 85 W MCINTIRE STREET KEY BISCAYNE FL 33149 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, (E I5S INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE TIFIC OLDE EDT IE LEFT. BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLI TION OR - OF UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. �^�^�•�a� AUTHORIZED REPRESENTATIVE -' ®ACORD CORPORATION 1988 ACORD 25 (2001108) Report Viewer Page 1 of 1 100% JEFF AIWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION " CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW " CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 8/29/2014 EXPIRATION DATE: 8/28/2016 PERSON: MARCHERET JOHN W FEIN: 272426985 BUSINESS NAME AND ADDRESS: JVMA BUILDERS GROUP INC 1257 S.W. 15 STREET, APT#202 MIAMI FL 33145 SCOPES OF BUSINESS OR TRADE: LICENSED BUILDING CONTRACTOR suent to n.mer++aosn+LF :I a wn+a.c., wroosnli F.e,Pi„n%�u1+9 • .,n' °eom+ DES-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 * ,PL *095 gym.. DUESTIONS2 (850)413-1609 https://apps8.fldfs.com/crreportviewer/reportV iewer.aspx?data=kdvpginc9D7Q3gH6TER6e... 5/8/2015