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HomeMy WebLinkAboutReso 2023-3539RESOLUTION NO. 2023 - ', � A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL ("RFP") NO. 23-07-01 TO, AND ENTERING INTO AN AGREEMENT WITH, CONTOUR MARINE INCORPORATED FOR THE TURNKEY DESIGN AND INSTALLATION OF BOAT LIFTS AT BELLA VISTA PARK, IN AN AMOUNT NOT TO EXCEED NINETY-SIX THOUSAND FIVE HUNDRED DOLLARS ($96,500.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") is in need of a contractor to provide turnkey design and installation services of boatlifts at Bella Vista Park ("Services"); and WHEREAS, the City issued and advertised RFP No. 23-07-01 for the Services and received one (1) response; and WHEREAS, Contour Marine Incorporated ("Contractor") has represented to the City that it possesses the requisite qualifications, expertise, and licenses to perform all necessary work in connection with the Services specified in the RFP; and WHEREAS, the City Commission wishes to award RFP No. 23-07-01 to, and enter into an Agreement with, the Contractor to provide the Services in an amount not to exceed Ninety -Six Thousand Five Hundred Dollars and No Cents ($96,500.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Award of RFP No. 23-07-01 and Approval of Agreement. The City Commission hereby awards RFP No. 23-07-01 to Contour Marine Incorporated for turnkey design and installation services of boatlifts at Bella Vista Park, in an amount not to exceed Ninety -Six Thousand Five Hundred Dollars and No Cents ($96,500.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective PASSED AND ADOPTED this 17th day of A gust Larisa Sve @BCL@E806F28F.doc adoption. , Mayor Page 1 of 2 222 ATTEST: Mauticio Beta APPROVED AS TO FORM AND LEGAL SUFFICIENCY: f; r, CMC, City Clerk Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney � � a Moved by: Seconded by: fl f Vote: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant Commissioner Viscarra V/(Yes) (Yes) (Yes) / (No) JTT (No) (No) +� (Yes) (Yes) (No) (No) @BCL@E806F28F.doc Page 2 of 2 223 SUNNY 1" F OS O A 0 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH a`�TFOpY. ysAND CONTOUR MARINE INCORPORATED CONTRACT NO. 2023-8507 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this Oday of bMt, 2023, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and CONTOUR MARINE INCORPORATED, a for-profit Florida corporation (hereinafter referred to as "Contractor") whose Federal I.D. No. is 92-0191940. RECITALS WHEREAS, the City is in need of a Contractor to assemble two (2) new 14,000 lb. minimum lifting capacity boat lifts at Bella Vista Park; and WHEREAS, the City issued Request for Proposals ("RFP") No. 23-07-01, entitled "Turnkey Design and Installation of Boat Lifts," as more particularly described in Attachment "A," a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon evaluation, Contractor was determined to have submitted the only responsible and responsive bid; and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Contractor has agreed to provide the Services, as more particularly described in Attachment `B," a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Section 3 and Exhibit `B," for a total amount not to exceed Ninety -Six Thousand Five Hundred Dollars and No Cents ($96,500.00); NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations, and warranties, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: TERMS RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of RFP No. 23-07-01, entitled "Turnkey Design and Installation of Boat Lifts," which is specifically incorporated herein and made a part hereof as Attachment "A," as well as Contractor's Proposal, attached as Attachment `B" (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: Contour Marine Incorporated City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax A. First, this Agreement Between the City of Sunny Isles Beach and Contour Marine Incorporated —Contract No. 2023-8507. B. Second, the terms and conditions of RFP No. 23-07-01, entitled "Turnkey Design and Installation of Boat Lifts." C. Third, Contractor's Proposal. 3. SERVICES. Contractor shall provide equipment and services to the City pursuant to the terms and conditions set forth in the Contract Documents (hereinafter referred to as "Services"), to specifically include, but not limited to, assembling two (2) new 14,000 lb. minimum lifting capacity boat lifts at Bella Vista Park, as more particularly described in Attachment "B." The Contractor shall furnish all labor, equipment, and materials necessary to furnish and install the boat lifts in accordance with the specifications in the Contract Documents. The project may include removal of existing piling, installing new concrete piling, and installation of lift equipment with radio remote control and manual control. Modification and installation of existing plumbing and electric service will be required for the provision of water and electrical service to the lift and lift control panel. The Contractor will be required to retain an engineer to provide final design and signed and sealed drawings for permit and construction. The Contractor is responsible for obtaining the Army Corps of Engineers, DERM, and DEP permits. The aluminum lift system will be warranted for ten (10) years and the galvanized structure will be warranted for a period of five (5) years. The Services shall also include preventative maintenance for a period of one (1) year. The preventative maintenance shall consist of: • filling all grease fittings on the pulleys with grease; • greasing all wheels that the cable rides on; • checking all pulleys and cables for fraying; • if pulley/cables need to be changed, the labor to change the pulleys/cables is included; • tightening all bolts and hardware on the bunks, head units and elsewhere on lift; • adjusting bunks, if needed; and • surveying the overall condition of the lift. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon full execution of the Agreement and shall expire at the Final Completion of Work, as defined herein and in the Contract Documents. The Contractor shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) directing the Contractor to proceed with the work has been received by the Contractor from the City Manager or Project Manager. The Services shall be substantially completed within ninety (90) calendar days from the initiation specified in the NTP (once permits have been received) and final completion within one -hundred and twenty (120) calendar days from date specified in the NTP. The total one -hundred and twenty (120) calendar days include weekend days and holidays. Time is of the essence. Final Completion shall be defined at that point after which the City Engineer or their representative, have made and approved the Final Inspection and the Punch List has been completed, and all deliverables have been provided to the City. Contour Marine Incorporated City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. Any and all terms with respect to warranties, including Sections 8 and 9 herein entitled "Warranty of Services" and "Defective Work", and those specifically provided for in the Contract Documents shall also survive termination of this Agreement. Payment will be made only for work completed to the satisfaction of the City. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. 5. COMPENSATION. The City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Ninety -Six Thousand Five Hundred Dollars and No Cents ($96,500.00), as set forth in Contractor's Proposal, attached hereto as Attachment `B," and in the Contract Documents. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges reflected as reflected in Exhibit `B." Contractor may request payments for work completed at intervals, subject to the Project Manager's approval. Contractor's requisition shall show a complete breakdown of the project components, the quantities completed, and the amount due, together with all supporting documentation and other information reasonably requested by City, including, but not limited to a Partial Release of Lien or Final Release of Lien as appropriate in the forms set forth in Chapter 713.20, Florida Statutes. Reference herein to Chapter 713, Florida Statutes is for convenience, and shall not be construed as a waiver of sovereign immunity or authority for imposition of liens against public property. When the Project Manager finds the work acceptable under the Agreement, the Project Manager will promptly sign the invoice confirming that the work required by this Agreement has been completed and is accepted by the City under the terms and conditions of the Agreement. A. Disbursements. There are no reimbursable expenses associated with this contract. B. Payment Schedule. Payment requisitions must reference the contract number assigned hereto. City shall make payment to Contractor within fourteen (14) days after approval of the Contractor's requisition for payment by the Project Manager, unless the City notifies the Contractor in writing of the dispute, before the payment is due. Payments made in excess of fourteen (14) days shall be subject to an eighteen percent (18%) annual interest late fee. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Payment Requisition. In order for both parties herein to close their books and records, the Contractor will clearly state "final payment requisition" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since Contour Marine Incorporated City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax this account will thereupon be closed, any other additional charges, if not properly included on this final payment requisition, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the payment requisitions, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: A. Comprehensive General liability insurance. General Liability for Bodily Injury & Property Damage with limits of $1,000,000 per occurrence and $2,000,000 annual aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach as Additional Insured, with a Waiver of Subrogation to the City and a Hold Harmless Agreement. Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: 1. Premises and Operation; 2. Independent Contractors; 3. Products and/or Completed Operations Hazard; 4. Broad Form Property Damage; 5. Broad Form Contractual Coverage applicable to this specific Contract, including and hold harmless and/or indemnification agreement; Contour Marine Incorporated City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 6. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability; and 7. $3,000,000 Umbrella/Excess Liability over and above and following the above mentioned General Liability, Employers Liability & Commercial Automobile Liabilities. The Umbrella/Excess Liability must be follow -form of the underlying policies. B. Worker's Compensation Insurance. Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. 4. Workers' Compensation in accordance with Florida Statute, including Employer's Liability of $1,000,000. Bidder agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. C. Business Automobile Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Owned Vehicles; 2. Hired and Non -Owned Vehicles; 3. Employers Non -City ship. D. Builder's Risk Insurance. Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value of the structure(s), building(s) or addition(s). Where the contract calls for installation of machinery or equipment, the policy must be endorsed to provide coverage on "All Risk" basis during transit and installation. The policy must be issued with a deductible of not more than $50,000 per claim. E. Professional Liability Insurance. Evidence of Professional Liability Insurance coverage for negligent acts, errors, and omissions in the amount of one million dollars ($1,000,000), with a minimum coverage of one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate. The Professional Liability policy/coverage shall be amended, if necessary, to include the following: 1. Description on the declaration describing the scope of your professional services and shall include all aspects of the services performed under this Agreement, including negligent acts, errors or omissions arising out of your operations or any qualified subconsultants and sub -tier consultants for whom you are legally liable. 2. Deletion of any exclusions pertaining to design/build liability 3. Coverage shall apply for one (1) year after the Project is complete. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's Contour Marine Incorporated City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub - Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. WARRANTY OF SERVICES. 8.1 The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 8.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 8.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 9. DEFECTIVE WORK. 9.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect Contour Marine Incorporated City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax costs of such removal or corrections including cost of testing laboratories and personnel. 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 9.3 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 9.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 9.5 Where the City or its designee becomes aware of faults, defects or non -conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 10. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor Contour Marine Incorporated 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph l0A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 11. LIQUIDATED DAMAGES. Should Contractor fail to complete the Services, the City will suffer damage. The amount of damage suffered by the City is difficult, if not impossible, to determine at this time. Contractor shall pay the City, as liquidated damages, $500.00 per calendar day of delay in completion of all the Services. Contractor will make every attempt to perform the Services within the time frame(s) requested. Repeated failure to timely perform the Services may result in termination of the Agreement for cause and shall cause the City to procure in the open market services meeting or similar to those specified in the Agreement and obligate the Contractor to pay the City any increase in costs occasioned thereby. These amounts are not penalties but liquidated damages to the CITY. Liquidated damages are hereby fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Agreement on time. 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Agreement expires or is terminated for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. Contour Marine Incorporated g City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 13. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris sibfl.net aboileau n nlaw.com If to the Thomas Lospalluto, President Contractor: Contour Marine Incorporated 1040 Adams Street Hollywood, FL 33019 Tel: (954) 849-9186 SlypIO08@qol.com 15. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable Contour Marine Incorporated City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4tn Floor, Sunny Isles Beach, Florida 33160. 16. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 17. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, gender, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. Contour Marine Incorporated 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachments "A" and `B." Contour Marine Incorporated 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 22. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractor must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractor must submit the certification that is attached to this agreement as Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 23. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each parry to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D." 24. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. Contour Marine Incorporated 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 _ (305) 947-0606 phone (305) 949-311.3 Fax C. This Agreement shall constitute the entire .agreement between the parties with respect to the subject matter. hereof, and it shall supersede all.previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement: E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above: WITNESS: CONTOUR MARINE INCORPORATED igtaature Thomas Lospdluto, President Print Name _ ATTEST:. CITY OF S ISL S BEACH 7 BY: BY: Nlaurici' B tancur, Larisa Svechin, Mayo CMC City Clerk APPROVED AS TO FORM - AND LEGAL SUFFICIENCY BY BY: Department Head Alain E. Boi eau for Nabors; Giblin & Nickerson, PA, City Attorney Contour Marine Incorporated 19 ,i' City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" Contour Marine Incorporated 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "B" Contour Marine Incorporated 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "C" Contour Marine Incorporated 16 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "D" Contour Marine Incorporated 17 1. Obtain All Necessary Permits $ ✓UOG'P 2. Design Drawings and Construction Documents $ 3. Purchase of Two Boat -Lifts 4. Mobilize, Install, clean-up Sub -total 1-4: $ 5. Bi -annual Preventative Maintenance l Grand Bid Total 1 - 5: $ --- lam/ s�o. Submit proposed concept plan/photograph of proposed lift with Bid Proposal Form. e Written total Signature PROPOSAL *Negotiated* FROM: Contour Marine Incorporated 1040 Adams Street PAGE NO. 1 OF 1 PAGES Hollywood, FL 33019 DATE: 8/2/2023 Office: (800) 577-7005 Cell: (954) 849-9186 Fax: (954) 920-4762 PROPOSAL SUBMITTED TO: City of Sunny Isles Beach Marine Division of Police 18070 Collins Ave. Sunny Isles Beach, FL 33160 (305) 947-0606 JOB NAME: Boatlift for SIB Marine Police We hereby submit specifications and estimate for: 1. Mobilize barge, crane, all necessary materials, and labor crew to job site. 2. Supply and drive eight (8) 12" x 12" x 25' prestressed concrete boat lift pilings, driven to refusal. 3. Supply and install two (2) 16,000 pound capacity DECO CONCEPT CRS boat lifts with remote control, limit switch, cable retention system, stainless steel motors, sealed direct drive gear boxes, and aluminum bunks. 4. Supply and install four (4) DECO 15 %2" x 24' aluminum walkways with a connecting work platform at the stern. There will be a walkway on the port and starboard side of each boatlift. 5. Provide all necessary electrical connections from pedestals to boat lifts. Pedestals to be done by others and supplied by others. 6. All work will be done according to state licensed engineering and in compliance with all applicable municipal and county codes. 7. All plans, engineering costs, expediting of permits, city and county fees are included in this price. 8. In addition to DECO's boat lift warranty, Contour Marine will warrant installation of pilings and boat lift for a period five (5) years assuming reasonable maintenance of the boat lifts. 9. Contour Marine agrees to a bi-annual Preventative Maintenance for a period of 1 year. We herebypropose to furnish labor and materials -complete in accordance with the above specifications, for the sum of Ninety -Six Thousand Five Hundred Dollars ($96,500.00 ) with payments to be made as follows: 10% deposit due upon signing of contract. $25,000 due when permits are received and work commences. $20,000 due when pilings are driven. $35,000 when boat lifts are delivered to fob site. Final balance due when all work is completed. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All debris will be removed from the premises and disposed of in an environmentally recommended manner. Payments are due immediately upon billing. Late payments are subject to 2% interest/month and work will cease until payment is made. Final payment is due when the project is complete as described in the contract. A courtesy hold back of $500 may be retained pending final inspection. Authorized CLK4a91IGVto) WOW9-ITAE63Y:\Il The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: DATE Signature Signature 238 S Cfr"eFs�i"�60 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Rick Labinsky, P.E., City Engineer DATE: August 17, 2023 RE: Award Request for Proposal No. 23-07-01, Approval of Agreement with Contour Marine Incorporated for the Turnkey Design and Installation of Boal Lifts at Bella Vista Park RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach desires to install 2 boat lifts at Bella Vista Docks to be used by the Marin Patrol for 2 new boats and work in conjunction with the new marine patrol office presently under design as part of the overall park improvement. On July 11th, 2023 the City issued Request for Proposals 23-07-01 Turnkey Design and Installation o - Boat Lifts on DemandStar. On Monday, July 17, 2023, the Procurement division held a scheduled non. mandatory pre-bid site visit at the project location. On Tuesday, August 3, 2023, the City received 1 bid from Contour Marine Incorporated. Upor thorough evaluation of the bid following the guidelines published in the solicitation, it is recommended to award and enter into an agreement with the lowest responsible and responsive bidder: Contour Marine Incorporated in the amount of $96,500.00. FUNDING SOURCE: Funds have been appropriated in accounts: 300-6-5720-465000-10001 (Capital Funds) - $57,500; Item Number: 10.M 220