HomeMy WebLinkAboutReso 2023-3574RESOLUTION NO. 2023 - �.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH
CONTOUR MARINE INCORPORATED FOR THE TURNKEY DESIGN AND
INSTALLATION OF BOAT LIFTS AT BELLA VISTA PARK, IN AN AMOUNT NOT TO
EXCEED EIGHT THOUSAND DOLLARS ($8,000.00), 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, on August 17th, 2023, via Resolution No. 2023-3539, the City Commission of
the City of Sunny Isles Beach (the "City") awarded Request for Proposal No. 23-07-01 (the
"RFP") to, and approved an Agreement with Marine Contour Incorporated (the "Contractor") to
provide turnkey design and installation services of boatlifts at Bella Vista Park (the "Services"),
in amount not to exceed $96,500.00; and
WHEREAS, in order to maximize the area for future uses, City staff has requested that
the Contractor install the boatlifts be installed perpendicular to the existing dock; and
WHEREAS, this re -configuration will require the installation of an additional finger pier
in-between the boatlifts ("Additional Services"), which was not part of the original scope of
work; and
WHEREAS, the Contactor has submitted a proposal for the Additional Services; and
WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement
with the Contractor for the Additional Services, in an amount not to exceed Eight Thousand
Dollard and No Cents ($8,000.00), bringing the total not exceed contract amount to One
Hundred Four Thousand Five Hundred Dollars and No Cents ($104,500.00), 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. Approval of First Amendment. The City Commission hereby approves a First
Amendment to the Agreement with Marine Contour Incorporated for the installation of an
additional finger pier in-between the boatlifts, in an amount not to exceed Eight Thousand
Dollard and No Cents ($8,000.00), bringing the total not exceed contract amount to One
Hundred Four Thousand Five Hundred Dollars and No Cents ($104,500.00), 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.
@BCL@AC084F07.doc Page 1 of 2
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19th day c
Larisa Svechin, Mayor
S
ATTEST:%� APPROVED AS TO FORM
A 1 I AND LEGAL SUFFICIENCY:
4ir- A6-�-PAIV.4)
Maur io etan ur, CMC, City Clerk Xain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: ltd L �L Seconded by: 6' `! � �.S' � j —
Vote:
Mayor Svechin Z/ (Yes) (No)
Vice Mayor Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@AC084F07.doc Page 2 of 2
o�NY IS�4
e
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
yF , '*F100.�Et
_WN° THE CITY OF SUNNY ISLES BEACH AND
CONTOUR MARINE INCORPORATED
CONTRACT NO. 2023-8507
THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
ISLES BEACH ("City") and CONTOUR MARINE INCORPORATED, whose Federal
Identification # is 92-0191940 ("Contractor"), executed this 5�day of October, 2023, is made a
part of the original Agreement between the Parties dated September 12, 2023 ("the
Agreement"), attached hereto as Attachment "A." The City and Contractor hereby agree as
follows:
1. AMENDING COMPENSATION. City and Contractor hereby agree to amend Section 5
"Compensation" of the Agreement to provide additional compensation for a modification to the
design of the boat lifts and to accommodate a finger pier between the lifts, in an amount not to
exceed Eight Thousand Dollars and No Cents ($8,000.00), which brings the total compensation
under the Agreement, as amended, to One Hundred Four Thousand Five Hundred Dollars and No
Cents ($104,500.00).
Except as specifically modified herein, all terms and conditions of Section 5 of the original
Agreement between the parties shall remain in full force and effect.
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties shall remain in full force
and effect.
3. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other
document or attachment, including but not limited to Attachment "A."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
[SIGNATURE PAGE TO FOLLOW]
Contour Marine Incorporated — First Amendment Page 1 of 4
I
City ofSuney Isles Beach 18070 Collins Avenue, Sunny Isles Bea�h, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
I
WITNESS: CONTOUR lVIA121NE INCORPORATED
Signature Thomas Lospall o.lPresident
Print Name
STATE OF FLORIDA:
COUNTY Of BROWARD
The foregoing instrument was acknowledged before me by means of W physical presence or ❑
online notarization, this 14th day of November, 2023, by Thomas Lospalhao, as President of
Contour Marine Incorporated.
(SEAL) Not 1,y Public, State of Florida
(Sig azure of Notary Public)
'�6r"on•, MICHELE WILSON
'�• �`. Notary 1`411,111, Slate o/Florida
Comndislon N HH 219570
,o r,• My Comm. Eaplm May 8, 2026
euudrd thrniigh National Nina. y Assn. MI hele Wilson
(Prin,TyPC, or Stamp
Com issioned Name of Notary
Personally Known X or Produced Identification
Type of Identification Produced:
(ADDITIONAL SIGNATURE PAGE TO
Contour Marine Incorporated- First Amendment I Page
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATT
Department Head
CITY O:F,,&UNNY'I,SLES BEACH.
Svechin, Mayor
APPROVED AS TO FORINT AND
LEGAL SUFFICIENCY
o
BY:
Amin E. Boileau, for Nabors, Giblin
& Nickerson,' P.A., City Attorney
Page 3 of 4
S\,NNY /so-,
J'
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
' AND CONTOUR MARINE INCORPORATED
' PLOP\Oo,e
CONTRACT NO. 2023-8507
THIS CONTRACTUAL A,PREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this day of �t, 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
1. 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 2
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 (181/6) 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.
8. 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 g
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
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 parry 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@ngniaw.com
If to the
Thomas Lospalluto, President
Contractor:
Contour Marine Incorporated
1040 Adams Street
Hollywood, FL 33019
Tel: (954) 849-9186
Slypl008@aol.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, 4th
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 party 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)949-31-13. Fax:
CThis Agreement shall constitute the entire .agreement. between the parties with
respect to the to matter.hereof; and it shall supersede all.previousand contemporaneous oral
.and .written negotiations; cointriitments, 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 pa-ties.hereto have executed this Agreement in duplicate
on the day and year first written above:
WITNESS: CONTOUR MARINE INCORPORATED
gnature Thomas Lospouto,.President.
Print Name
ATTEST:: CITY OF S ISL S BEACH
BY. BY:
MauriciV B . tancur; Larisa. Svechin, Mayo
CMC City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
IWO BY:
Department Head Alain E.. Boi eau for Nabors; Glblin
& Nickerson; P;A., City Attorney
Contour Marine Incorporated 13
i
1.
Obtain All Necessary Permits
$'�cJOGP
2.
Design Drawings and Construction Documents
$
ADO,.
3.
Purchase of Two Boat-Lifts�fo�'�9 oe
$
_:?10aa
4.
Mobilize, Install, clean-up
$
Sub -total 1-4.
$
5.
Bi -annual Preventative Maintenance
Grand Bid Total 1- 5:
$ --
Submit proposed concept plan/photograph of proposed lift with Bid Proposal Form.
xo,l
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 %" 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 fora period of 1 year.
We hereby propose to furnish labor and materials -complete in accordance with thea ove sped icatlons, or the sum of
Ninety -Six Thousand Five Hundred Dollars 4$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
ACCEPTANCE OF PROPOSAL
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'�, X ♦ P IL'S3 �� .y4.
TO:
VIA:
FROM:
DATE:
RE:
RECOMMENDATION:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Rick Labinsky, P.E., City Engineer
October 19, 2023
Approval of First Amendment to the Agreement with Contour Marine Inc. fo
the Boat Lifts at Bella Vista Park
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.
The Commission approved Resolution 2023-3539 awarding this contract to Contour Marine Inc. or
August 17th, 2023 in the amount of $96,500.00. The City prefers these lifts to be installed
perpendicular to the existing dock to minimize the impact to the overall dock area and maximize the
area for future uses. In order to accomplish this layout and to allow for easy access on and off the
boats an additional finger pier needs to be installed between the lifts, which was not part of the
original specifications included in the RFP.
In an effort to conduct market research, Purchasing contacted Neptune Boat Lifts, who disclosed thal
they only manufacture boatlifts and do not provide pricing directly to customers. They only share
pricing information with marine contractors.
After the Cone of Silence lifted, Purchasing contacted the contractors who received the RFP tc
understand why they did not participate in the bidding process. Out of all the contractors Purchasing
followed-up with, only one responded. BoatLifters.com emailed:
Item Number: 10.1-1
"My apologies for not sending a proposal. We did not quote this project as we are incredibly busy and
did not think this was a project that we could perform to our standards in a timely manner.
Our estimated costs for this scope of work would fall in the range of $115,000 to $125,000 for
Neptune products. Neptune gives a few options for speed and that would dictate where in this range
your Boat lifts would fall.
Thank you for the opportunity and we would be happy to review future needs from the city."
Contour Marine has proposed to include this in the design, permitting and construction for the
amount of $8,000.00 bringing the total cost to $104,500.00.
FUNDING SOURCE:
Funds have been appropriated in account no. 300-6-5720-465000-10001.
ATTACHMENTS:
Resolution
First Amendment
Item Number: 10.H