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Home My WebLink AboutReso 2010-1573 RESOLUTION NO. 2010 - J 51 '3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE SECOND AMENDMENT TO AGREEMENT WITH TENEX ENTERPRISES, INe. FOR SR AlA/COLLINS AVENUE AT 183 STREET STREETS CAPE IMPROVEMENTS PROJECT TO INCLUDE BRICK PAVER INSTALLATION, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued and advertised Bid No. 09-09-01, for Median Closure at 175 Terrace on Collins Avenue and SR AlA/Collins Avenue Streetscape Improvements Project; and WHEREAS, on October 29, 2009 via Resolution No. 2009-1495, the City Commission awarded and entered into an agreement with Tenex Enterprises, Inc. to provide services on a unit price basis for the Median Closure at 175 Terrace on Collins Avenue and SR AlA/Collins Avenue Streetscape Improvements Project, in an amount not to exceed Four Hundred Eighty- Seven Thousand Six Hundred Thirty-Four Dollars ($487,634.00); and WHEREAS the City wishes to amend the original Agreement with Tenex Enterprises for the SR AlA/Collins Avenue at 183 Street Streetscape Improvements Project to include brick paver installation from 172 Street south on Collins Avenue to approximately 300 feet north of Atlantic Isles Boulevard, in an amount not to exceed One Hundred Twenty-One Thousand Seven Hundred Thirty-Two Dollars and Fifty Cents ($121,732.50), attached hereto as Exhibit "A", bringing the total contract amount to Six Hundred Eighty-Five Thousand Thirty-Five Dollars and Twenty-Five Cents ($685,035.25), and an additional $3,267.50 for an amount not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000.00) as it is a unit price proposal and this will allow the City additional units if needed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Ratifying the Second Amendment to Agreement. The Second Amendment to Agreement with Tenex Enterprises, Inc. for the SR AlA/Collins Avenue at 183 Street Streetscape Improvements Project to include brick paver installation from 172 Street south on Collins Avenue to approximately 300 feet north of Atlantic Isles Boulevard, in an amount $121,732.50 and an additional $3,267.50 for a total amount not to exceed One Hundred Twenty- Five Thousand Dollars ($125,000.00), attached hereto as Exhibit "A", be and the same, is hereby approved. 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 upon adoption. PASSED AND ADOPTED this 17th day of June 2010. ATTEST: ~cht 1+ ~ Jane A. Hines, CMC, City Clerk , ... ;) ..' Moved by: Oo~~~Z'1J -1, <.t ('{\~... W M" 'i. R. Seconded by: Vote: 5-'0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Yes) ~Yes) -0Yes) };;:fY es) (Yes) _(No) _(No) _(No) _(No) _(No) \ltlNY ISl. !I:J!, SECOND AMENDMENT TO CITY OF SUNNY ISLES BEACH ~<:::~~:>" AND TENEX ENTERPRISES~ INC. AGREEMENT FOR SR AlA/COLLINS AVENUE AT 183RD STREET STREETSCAPE IMPROVEMENTS PROJECT CONTRACT NO. C0910-044 THIS SECOND AMENDMENT TO THE TENEX ENTERPRISES, INC., AGREEMENT FOR SR AlA/COLLINS A ,YENUE AT 183RD STREET STREETS CAPE IMPROVEMENTS PROJECT, executed this 11- day of ~\JrJ.6 , 2010, is attached hereto and made a part of the Original Agreement between the parties and approved via Resolution No. 2009-1495, between the City of Sunny Isles Beach ("City") and Tenex Enterprises, Inc. ("Contractor") a business corporation licensed in the State of Florida, whose Federal Identification # is S z.. 2-0(0 q ~ I q . The City and Contractor hereby agree as follows: 1. ADDITIONAL SCOPE OF WORK: The City wishes to add to the original Agreement with the Contractor for the SR AlA/Collins Avenue at 183rd Street Streetscape Improvements Project to include brick paver installation from 172nd Street south on Collins Avenue to approximately 300 feet north of Atlantic Isles Boulevard ("Services"), as more fully described in Attachment "A", attached hereto and made a part hereof. 2. COST: The Contractor agrees to charge an amount not to exceed One Hundred Twenty-One Thousand Seven Hundred Thirty-Two Dollars and Fifty Cents ($121,732.50) for said Services, which, when combined with change orders 1 and 2 totaling $75,668.75 approved via Resolution No. 2010-1557, brings the total amount not to exceed to Six Hundred Eighty-Five Thousand Thirty-Five Dollars and Twenty-Five Cents ($685,035.25). 3. TERM: The Second Amendment shall be effective upon execution by the City. 4. DATE OF COMPLETION: Contractor agrees to complete the services described herein within forty-five (45) days of Notice to Proceed. 5. LIQUIDATED DAMAGES: The Services described in the scope of work shall be completed no later than forty-five (45) days from the date of Notice to Proceed. Upon failure of Contractor to achieve completion of the Services by the Date of Completion, plus approved time extensions (if applicable), the Contractor shall pay to the City the sum of Five Hundred Dollars ($500.00) for each calendar day after the Date of Completion. This amount is not a penalty but rather represents liquidated damages for the City's inability to obtain beneficial use of the affected sidewalk areas. 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 desire to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Services on time. 6. EARL Y COMPLETION INCENTIVE: In the event the Services are completed prior to the Date of Completion, then the Contractor shall be entitled to payment from the City in the sum of Five Hundred Dollars ($500.00) for each calendar day the Services are complete prior to the Date of Completion, less any offsets the City may be entitled to in accordance with the contract documents. I SIB C0910-044 SECOND AMENDMENT TO THE TENEX ENTERPRISES, INC. STREETSCAPE AGREEMENT 7. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the Original Agreement between the parties, approved via Resolution No.2009- 1495, as well as the First Amendment thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. ~ 19na re rfll~- (!l~~fJ' Print Name CONTRACTOR: Tenex Ente ~Inc;~ BY: Hamid Fouladi, President WITNESSES: Jr ~- J-~ Sig at re .Q~ "'^ <1 r=l \,0 Pnnt ame BY:~ ~~ Jane A. Hines,_ CMC, City Clerk BY: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFI NCY 2 s\'3 C0910-044 SECOND AMENDMENT TO THE TENEX ENTERPRISES, INC. STREETSCAPE AGREEMENT 1111~~f;~~~ TO Rick Conner DATE PR(J!>()SAL N(), PRe ~IEcr Cit~, !\Ianager City of Sunn)' 1,le, Beach !l1070 C()lIin~ . hcOl'" Sunny I,b Hcaeh. FL 33WI PRt ~IECr N( I, CC Jorge Ver.. Assistalll City ~(an.g<'r Ciry of SWln)' Islcs Heach Proposal 6/2/2010 060210-A Amcndmcnt to 183rd St Succtscapc Improvcmcnts Project 9/9/2001 ( 1\'('N nR City of Sunny hIeS Bench PREPARED BY --- ---r I I SCOPE Hill E,'ans F&I Pa"en<: From l72nJ St. Solllh on Collins Avc to _ _ _ _ 2pprox. ~ Ft' ~ ~ Ar.!:'Ill~slc~ B~\;I, · ITEM DESCRIPTION QTY 1 Mobilization 2 MOT 3 Concrctc Rcmoval 4 Basc Optional 5 Paver Sct on Sand 6 Paver Sct on Concrete 1 1 1958 1958 15758 1875 'i' Conflict Resolution: N. Miami Beaach Watcr Linc (protective Concrete Pad over Water Main, If Rcquircd) = S180 / SY PAYMENT TERMS 'i' Duration of thc Amcndcd Portion of thc Contract Work to bc 60 Days Or Lcss Exclusions: Permit Fees, Survey, Asbuilr All material is guaranteed 10 bo specified. All work to be completed In a workmanlike manner according to standard practices. Any alteration or deviation above specifications Involving extra costs will be executed only upon written orders, and will becoming an extra charge over the above estimates. A~I agreent contingent upon strikes accidents, or delays beyond the control. Sign: W Date: b ~ 10 T ex Enterprises, Inc. Representative The above price, specifications, and conditions are satisfactory and are hereby accepted. Your authorized to do the work as specified. Payment will be made as outlined above. To accept this proposal, sllln below & return. SIgn: Date: - r - - Sub-To;;'- lS$- - Total ATTACHMENT "A" 850 S\X' 14th Court, Pompano Beach, FL 330(,(J . Phone (954) 788.8100. Fax (954) 788.0005 I -I 121 ,732.;0 j ___I 121,732.50 ~ ~\~ ~ Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Rick Conner, City Manager DATE: 6/17/2010 RE: A Resolution Amending the 183rd Street Streetscape Project Contract with Tenex for additional Streetscape work in an amount not to exceed $125,000. RECOMMENDA TION: The staff recommends that the Commission adopt this Resolution. REASONS: We have an opportunity to work with a private entity (RK Associates) to continue the streetscape program we have started in the northern part of the City to the area between 172nd Street and Sunny Isles Boulevard. The City will replace the sidewalk with pavers, and RK will provide the Medjool palms and landscaping through much of the project. We are asking for an amount not to exceed $125,000, but we will actually pay for the work on a unit basis as requested, approved, and accepted. FUNDING SOURCE: Account 20-600-5621 ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agendalPreview .aspx?I temID=2 73 &MeetingID=O&MeetingDate=... 6/8/20 I 0