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HomeMy Public PortalAboutr 24-072Y"Oolutian of #hQ Parogh of aartind, N04. No. #24-72 Dale of RESOLUTION AUTHORIZING THE AWARD OR A NON -PAIR AND OPEN CONTRACT FOR MAINTENANCE OF THE CARTERET MARINA WHEREAS, the BOROUGH OF CARTERET is in need of Maintenance of the Carteret Marina in the Borough as a non -fair and open contract pursuant to the provisions of RJSd. 19:44A-20.4 or 20.5; and WHEREAS, Bellingham Marine has submitted a proposal indicating they will provide these services for $33,650.00; and WHEREAS, Bellingham Marine has completed and submitted a Business Entity Disclosure Certification which certifies that Bellingham Marine has not made any reportable contributions to a political or candidate committee in the Borough of Carteret in the previous one year, and that the contract will prohibit Bellingham Marine from making any reportable contributions through the term of the contract, and WHEREAS, the CFO has certified the availability of funds; and Account#: NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Carteret authorizes the CFO to enter into a contract with Bellingham Marine as described herein; and BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. Adopted this 7" day of March, 2024 and certified as a true copy of the original on March 8, 2024. CARMELA POGORLELSKI, RMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO X JOBAL x DIAZ X KRUM X DIMASCIO NAPLES X X-Indicate Vote AB -Absent NV -Not Voling XOR-Indicates Voteto Ovenule Veto Adopted at a meeting of the Municipal Council ., March 7 2024 , MUN C T A. CrERKI Bellingham am" gy f 0 7Ao Wald's Most ComprWienslva Marina 6(ildnr March 6, 2024 CME Associates 1460 Rt. 9 South Howell, NJ 07731 Florida Floats, Inc. dba 5613 Barbados Blvd. Bellingham Marine Castle Hayne, NC 28429 ht!psa/www.bellingham-marine.com PH (910) 210-4866 AGREEMENT FOR ANNUAL MAINTENANCE AND INSPECTION Attention: Matthew Zwingraf Re: Maintenance of Carteret Marina 2014 Dennis Street Jacksonville, FL 32204 PH (904) 358-3362 This Letter Agreement for Maintenance and Inspection ("Agreement") is entered into between CME Associates ("Owner"), and Florida Floats, Inc., dba Bellingham Marine ("Contractor"), for inspection and maintenance for a period of Two (2) year's of the floating concrete dock system located at 200 Middlesex Ave. Carteret, NJ 07008 ("die "Facility"). The Owner and the Contractor agree as follows: 1. INCLUSIONS. The following services are included in this Agreement: 1.1 Pre-Armual Maintenance Walk -Through. Approximately I month in advance of annual maintenance service, a Project Manager will visit the facility and prepare a list of items that are excluded from the maintenance contract with priced recommendations on how to correct issues. At such time, the Owner may incorporate suggestions into this Agreement via change order to be completed at die thne of the amoral maintenance service. Project Manager will visually check for miscellaneous items including: • Missing and loose nails, screws/hardware for both fixed and floating docks • Uneven or loose wood connections • Fixed pier wood rot or damage to decks or visible sections of piling • Floating dock end boards and fascia for breaks/impact damage • Fendering for loose and missing nails • Corner bumpers • Float grounding issues • Low freeboard conditions • Rub blocks or rollers for tightness and wear • Check any accessible door closures and latches • Verify all panels in place • Visually check pedestal/power center doors • Visually check pedestal/power center anchoring • Visually check pedestal/power center receptacles if accessible • Check G cables for damage and potential rub spots. • Check kellum grips. • Check fire cabinets/fire department connections/standpipes • Visually check for leaks in cabinets or hose bibs • Check water lines for strapping/drooping lines • Check fire extinguisher dates and notify owner if out of date • Visually inspect dock flex lines for wear, leak, corrosion • Check gangway shoremount bracket for sign of wear Check gangway dock guides, wheel, or rub blocks for wear 1.2 Amoral Maintenance Work will be performed as follows: • Level and straighten walkways and fingers for the floating dock system, as much as practical. • Tighten all triangle frames in finger -walk connection. • Check for loose cleats, and tighten as necessary. • Maintenance labor is based on adequate access to the dock systems hardware. Dock ladders and other boater accessories that impede the work must be removed by others from work area. 1.3 Maintenance Documentation. Report will be firnished including a detailed log of any reconmiended maintenance work observed during each annual visit. Areas of concern will be noted for the Owner to pay attention to over the coarse of the following year. 2. EXCLUSIONS. Services and items not specifically included in Section I above are specifically excluded from this Agreement. Excluded items include, but are not limited in, the following: 2.1 Maintenance or repair's to fire systems, electrical systems, potable water systems or other utility systems. 2.2 Any dock hardware, major structural repairs, patching, deck treatment, supplemental floatation, gangways, gales, or piers. 2.3 Fixed docks decking or piling replacement, nailing of loose deck boards. 2.4 Certified Payroll 2.5 Prevailing Wages 2.6 Bonds. 3. SCHEDULE. At a mutually agreed upon time, and will perform one animal inspection thereafter for one additional year, on or about this month at a time mutually agreeable to Contractor and Owner, for a total of two (2) around inspections. Inspection and maintenance will be scheduled and performed only following receipt of annual written authorization from Owner to in with the Work. 4. FEES. The fee for the annual inspection and maintenance set forth by this contract is $32,365 (Thirty -Two Thousand, Three Hundred and Sixty -Five Dollars) for the first annual site visit. Maintenance services excluded from this Agreement will be billed at the rate of $85.00 per man hour for the initial year and adjusted in accordance with the CPI index for each subsequent year. Maintenance materials as well as lodging will be billed at cost plus 20%. A "not to exceed" amount will be established in Contractor's annual inspection report for agreed upon maintenance items. Current pricing is based on standard Contractor billing rates and does not include certified payroll or prevailing wage rates. Contractor reserves the right to adjust price if certified payroll or prevailing wage rates are required. 5. PAYMENT. Contractor shall invoice Owner for each annual inspection and maintenance service upon its completion. A report summarizing labor and material costs will be provided to support the Work to be performed by Contractor or its designated representative. Payment shall be due net cash ten (10) days from receipt of invoice. Method of payment to be approved by Contractor's credit department prior to conmiencement of services. Interest will be charged on past due accounts at 18%per ammo, or at the highest non -usurious commercial rate allowable by state law or provided by state statute, whichever is less. I£ Contractor is required to employ an attorney to collect any amount due as a result of the default of Owner, the Owner shall pay all costs of collection, including reasonable attorney's fees and court costs. Any present or firture taxes or any other goverunent charges now or hereafter imposed by existing or fiuhure laws in connection with (lie transfer, use, ownership, or possession of any of the Facility which CONTRACTOR is required to collect and/or pay are in addition to the Contract Sum and will be charged to lire Owner accordingly. 7. MATERIALS SUPPLIED. All parts, components, and supplies supplied hereunder to maintain the facility shall be furnished by Contractor on as exchange basis, and the removed parts and/or components shall become the property of Contractor upon removal. Any parts, components, equipment, or supplies supplied by Contractor hereunder may, at Contractors option, be either new or reconditioned, but in any case, they shall meet or exceed the specifications for the replaced part, component, equipment, or supply. 8. WARRANTY. Contractor warrants to Owner that all services will be performed in a good, workmanlike manner and that repaired or replaced parts or components will be free from defects in material and workmanship until the termination of this Agreement or one (1) year from the dale of the service, whichever occurs first, Contractor's sole obligation under this warranty shall be to repair any item in the Facility which is covered by this warranty that is repairable, or, at its option, to refurbish, overhaul, rebuild, replace, or issue a credit or refired for any item in the Facility which is covered by this warranty that has been reported to Contractor as defective in material or workmanship by Owner and which has been determined by Contractor to be defective, provided that the Owner has complied with all of the terns and conditions of this Agreement. Failure of the Owner to promptly modify Contractor of a defect or nolfimnction will void the warranty, as will product misuse or neglect, use that is not considered "normal" under this Agreement, or if flay other terms or conditions of this Agreement are violated. THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY CONTRACTOR. 'PHIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; OR (I3) IMPLIED WARRANTY OR CONDITION ARISING FROM COURSE Of PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. UNDER NO CIRCUMSTANCES SHALL CONTRACTOR HAVE ANY LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, OR FOR LOSS OF PROFITS OR ANY SIMILAR DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONTRACTOR SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY A DELAY IN FURNISHING OF MAINTENANCE OR INSPECTION SERVICES UNDER THIS AGREEMENT. Owner specifically acknowledges and agrees that Contractors obligations hereunder are strictly that of a provider of services, and not as a vendor of goods or as a merchant. 9. LIMITATION OF LIABILITY AND HOLD HARMLESS. Unless otherwise expressly stated, these Services do not include testing or inspection intended to discover or analyze soil or water conditions, hazardous materials, electrical or mechanical systems, sewage disposal or water systems, or the suitability of the design and construction of the Facility to withstand fire, flood, windstorm and wave action or other casualty, and we disclaim any responsibility to advise you of any conditions related thereto. Services performed hereunder do not constitute a warranty or guarantee concerning any condition, and Contractor's fee for services has been determined accordingly. If Owner or any third party claims that Contractor is liable for negligent performance of Services hereunder or for any other reason Owner claims that Contractor has not (idly, satisfied its obligations under this Agreement, it is expressly agreed that Contractor's liability to Owner is exclusively limited to the Fee paid under this Agreement. The Services performed hereunder are not intended to be performed for the benefit or use of any party other (Iran the Owner, and Owner agrees to indemnity and hold Contractor harmless from any claim made by any third party relating in any way to the Service provided hereunder. 10. MODIFICATIONS OR DAMAGE TO THE FACILITY. Owner shall be responsible for use, care, and cleaning of the Facility in accordance with instructions provided. All risk of loss or damage to the Facility, except that caused by the negligence of Contractor, shall be the responsibility of Owner at all times. If the Facility is changed, modified, altered, or damaged in any respect by any party other than as a result of Contractor's negligence during the term of this Agreement, then, at (lie option of Contractor, this Agreement shall be terminated. Absent such tennination, Contractor shall give Owner written notice of the change, modification, alteration, or damage, and Owner shall promptly correct the change, modification, alternation, or damage, or adjust the price payable hereunder to cover any increased costs to Contractor. 11. ACCESS. During the tern of this Agreement, Owner will allow access to all of the Facility and to all devices which are part of or associated with the Facility. Contractor will use its best efforts to coordinate annual inspection visits with Owner to minimize operational interruptions. In the event Contractor is denied or prevented from gaining access to the Facility, Contractors obligations trader this Agreement shall be suspended until the act, omission, or condition affecting access is remedied. If Contractor is denied or prevented from gaining access to the Facility as a result of an act or omission of Owner, Contractor shall be entitled to be paid for any visit which it is required to make as a result of such denial or prevention at its then standard rate for labor, material, and travel. 12. ASSESSMENT AND ADJUSTMENTS. Owner agrees to assume full responsibility for any present or future taxes or any other government charges now or hereafter imposed by existing or future laws in connection with the transfer, use, ownership, or possession of any of the Facility or materials. 13. ADDITIONAL DEVICES. Owner agrees not to employ additional attachments, features, or devices to the Facility, make alterations to (he Facility, or penmit the maintenance of the Facility by other than Contractor's personnel without the writ(en consent of Contractor. Contractor shall not be liable for loss or damage to Owner resulting from unauthorized additional attachments, and Owner shall be liable to Contractor for any repair or damage costs incurred by Contractor as a result of the addition of unauthorized attachments. In addition, the warranty contained herein shall be null and void and of no force and effect if tiny provision of this paragraph is violated. 14. ARBITRATION. All controversies, disputes, or claims of whatever nature arising out of, in connection with, or in relation to the interpretation, from performance or breach of this Agreement, including any claim based on contract, tort, or statute, shall be resolved, at the request of either Contractor or Owner, by final and binding arbitration administered by and in accordance with the then existing Construction Industry Rules of the American Arbitration Association, and judgment upon any award rendered by the Arbitrator(s) may be entered by any state or federal court having jurisdiction thereof. The arbitrator shall determine which is the prevailing party and shall include in the award that party's reasonable attorrey's fees and costs. Arbitration shall be heard and determined by a single arbitrator. The venue of proceedings shall be San Francisco, California. 15. LICENSING. Owner has confirmed that special licensing or apprenticeship program is required to perform this work. If New Jersey Public Works License or membership requirement to an apprenticeship program is required, Contractor shall be reimbursed for all additional charges plus 20% nmarkup. 16. AGREEMENT. This Agreement represents the entire agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. This Agreement entered into as of the day and year first contract is executed between bout parties. Optional Work: 1. Supply and installation of two each lift tanks (3' x 6' x 1211) at main gangway location. Add $1,285.00 _Accept _Decline Owner: CME Associates Contractor: Florida Floats Inc., dba Bellingham Marine By: Title: Date: Approved: By: Title: Date: