HomeMy WebLinkAboutReso 2003-617
RESOLUTION NO. 2003. ~ I '7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BY
AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND TENEX
ENTERPRISES, INC., FOR ROADWAY AND CENTRAL ISLAND
RESIDENT PARKING IMPROVEMENTS, IN AN AMOUNT OF
$88,056.38, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is in need of a qualified contractor to perform
roadway and Central Island resident parking improvements within the City for the health, welfare
and benefit of its citizens; and
WHEREAS, Tenex Enterprises, Inc. was duly qualified under the City of Weston Bid
No. 2003-1 as lowest, responsible bidder, to perform various road improvements; and
WHEREAS, in conjunction with that effort the City wishes to contract with Tenex
Enterprises, Inc., piggy-backing off from that bid prepared by Calvin, Giordano and Associates,
Inc., to perform specific road improvements, under the same terms and unit prices of the City of
Weston Bid No. 2003-01, in an amount of $88,056.38, 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 Agreement. The Agreement by and between the City of Sunny Isles
Beach and Tenex Enterprises, Inc., for roadway and Central Island resident parking
improvements, in an amount of $88,056.38, attached hereto as Exhibit "A", be, and the same, is
hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
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 shall become effective upon adoption.
PASSED AND ADOPTED this 18th day of December, 2003.
R2003. Tenex Enterprises. Inc,
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APPRdVED'i~; TO FORM
AND LEGAL SUFFICIENCY:
eO f -4"'."
ynn M. DannheIsser, CIty Attorney
Moved by:
Co~t'(\\.ts.'Oatl. T~~
~mltr'l)MJUL. L('oL~tl'l\S"
Seconded by:
Vote: 4-0-\
Mayor Edelcup
Vice Mayor Goodman y- AbseW\.T-
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
v(Yes)
_(Yes)
V(Yes)
---v (Yes)
V (Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2003- Tenex Enterprises, Inc.
2
" .
CITY OF SUNNY ISLES BEACH
CONSTRUCTION TERM CONTRACT NO. 03-4122-B
ROADWAY AND RESIDENT PARKING IMPROVEMENTS
-=:t> THI:,JONSTRUCTION TERM CONTRACT made and entered into this J1f!!.aay
of ~Q t:f.(' . 2003, by and between the CITY OF SUNNY ISLES BEACH,
FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City")
and TENEX ENTERPRISES, INC., a Florida corporation, authorized to do business in the
State of Florida, (hereinafter referred to as "Contractor"), whose Federal I.D.# is
522 Ola4 LQt:L.
WHEREAS, was duly qualified under City of Weston Bid No. 2003-01 as lowest,
responsible bidder, to perform various road improvements more specifically described in said bid
documents; and
WHEREAS, the City of Sunny Isles Beach is in need of a qualified contractor to perform
similar road improvements with the City for the health, welfare and benefit of its citizens; and
WHEREAS, the City desires to contract with the Contractor to perform specific road
improvements, as more particularly described in the attached Roadway and Resident Parking
Improvements specifications prepared by Calvin, Giordano and Associates, Inc., under the same
terms and unit prices of City of Weston Bid No. 2003-01 incorporated herein by reference;
NOW THEREFORE, in consideration of the mutual covenants and Contracts
hereinafter contained, it is agreed by and between the parties hereto as follows:
1. SERVICES TO BE PERFORMED. Contractor shall diligently, safely and in a timely
manner, perform the following services:
a. Roadway and Resident Parking Improvements as designed by Calvin, Giordano &
Associates, Inc., (hereinafter "Engineer") and more specifically described as Exhibit "A"
ofCGA Project No. 03-4122.B attached hereto and made a part hereof.
b. Contractor will prepare and present oral/written reports as needed or as requested on a
periodic basis while engaged in special projects. Contractor shall provide, on a monthly
basis, to the Engineer, a detailed narrative report delineating all services provided by the
Contractor in the previous month. The Contractor shall also provide quarterly, written
reports, detailing all of the Contractor's activities in the previous quarter and the results
of the Contractor's efforts. Each report required herein will be submitted to the attention
of the Engineer.
c. It is understood and agreed that the City designates Calvin, Giordano & Associates, Inc.,
to represent the City in all technical matters pertaining to and arising from the
performance of this Contract.
1
Tenex Construction Term Contract B
Attomey/Contracts/ch
Exhibit "A"
" ,
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
2. TERM. Subject to the provisions relating to the termination of this Contract as set forth
in Paragraph 10, hereunder, the term of this Contract shall be for 90 days and shall begin within
ten (10) days after notification to proceed. Any change in fee, terms or conditions shall be
accomplished by written amendment to this contract.
3. LIOUIDA TED DAMAGES. Should Contractor fail to complete the required
construction as specified herein within the times specified, (allowed extensions, if any, included),
the City will suffer damage, the amount of which is difficult, if not impossible to ascertain.
Therefore Contractor hereby agrees to pay the City, as liquidated damages, the sum of Five
Hundred and No/lOO dollars ($500.00) for each calendar day of delay that actual completion
extends beyond the time limit specified.
4. COM:e NSATION. The total price for these services, as specified in Exhibit "A"
hereto, shal not exceed Eighty-Eight Thousand Fifty-Six and 38/100 Dollars ($88,056.38)
payable: monthly 0 as invoiced. Payment to Contractor for all charges and tasks under this
Contract shall be in accordance with this Contract and the schedule of charges reflected in
Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Contract will be reviewed by the initiating City Department. If services have
been rendered in confo,:,mity with the Contract, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Contract is contingent upon an annual appropriation for its purpose by the City
Commission. .
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" 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 this account will
thereupon be closed, any and other additional charges, if not properly included on
this final invoice 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
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by Contract with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgnlent, lien, or any form of indebtedness. The Contractor
2
Tenex Construction Term Contract B
Attomey/Contractslch
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Contract.
5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are
discovered during the performance of this Contract, the City shall have the right to cancel this
Contract upon thirty (30)-days written notice to Contractor. Upon termination, the City may
bid/re-bid the project if the Contractor fails to perform under this Contract due to the undisclosed
conditions.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Contract 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 Contract. 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 Contract. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Contract.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Contract, 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, sub-Contractors or employees, as indicated below:
(J Comprehensive General liability insurance -- including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed opc~rations, personal injury and property damage liability
with limits of One Million Dollars ($1,000,000) combined single limit
occurrence.
(J Workmen's Compensation, with no less than $100,000 for Employer's Liability.
Said coverage shall include a waiver of subrogation in favor of the City, its
agents, employees and officials.
(J Errors and Omission -- Contractor shall carry a minimum of $500,000 coverage
for errors and omissions.
(J Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for limits of not less than $500,000 per occurrence,
Combined Single Limit or its equivalent.
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
3
Tenex Construction Term Contract B
Attomey/Contracts/ch
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Such insurance shall not diminish Contractor's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do business
under the laws of the State of Florida and acceptable to the City. Before any work under this
Contract 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's Risk Management
Department. 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. The City
reserves the right from time to time to change the insurance coverage and limits of liability
required to be maintained by Contractor hereunder.
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. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Contractor pursuant to this Contract and related services to this Contract are intended and
represented for the ownership ofthe City only. Any other use by Contractor or other parties shall
be approved in writing by the City.
Contractor shall deliver to the City for approval and acceptance, and before being eligible
for final payment or any amounts due, all documents and materials prepared by, and for, the City
under this Contract.
All oral and written information not in the public domain or not previously known, and
all information and data obtained, developed or supplied by the City, or at its expense, will be
kept confidential by the Contractor and will not be disclosed to any other party, directly or
indirectly, without the City's prior written consent, unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed or purchased
under this Contract for, or at the City's expense, shall be and remain the City's property and may
be reproduced and reused at the discretion of the City.
The City and Contractor shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, Contracts, representations and warranties made herein, or otherwise made
in writing by any party pursuant hereto, including, but not limited to, any representations made
herein relating to disclosure or ownership of documents, shall survive the execution and delivery
ofthis Contract and the consummation ofthe transactions contemplated hereby.
4
Tenex Construction Term Contract B
Attomey/Contractslch
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
officers, agents, and employees from, and against any and all claims, actions, liabilities, losses
and expenses including, but not limited to, attorney's fees for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct
of the Contractor, agents or other personal entity acting under Contractor's control in connection
with the Contractor's performance of services pursuant to that Contract and to that extent the
Contractor shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses including wrongful termination
or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees
expended by the City in defense of such claims and losses including appeals. The parties agree
that ten percent (10%) of the total compensation is a specific consideration from the City to the
Contractor for this indemnity.
10. TERMINATION.
a. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a
timely manner or otherwise violate any of the covenants, Contracts or stipulations material to
this Contract, 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 Contract and grant Contractor ten (10)
days to cure such default. If the default remains uncured after ten (10) days the City may
terminate this Contract.
1. In the event of termination, all finished and unfinished documents,
data and other work product prepared by Contractor (and sub-
Contractor(sD shall be delivered to the City and the City shall
compensate the Contractor for all services satisfactorily performed
prior to the date of termination, as provided in Paragraph 4 herein.
11. 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 Contract by Contractor and the City may reasonably withhold
payments 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.
Ill. After receipt of a Termination Notice and except as otherwise directed
by the City, the Contractor shall:
I. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts
relating to the performance of the terminated work.
5
Tenex Construction Term Contract B
Attorney/Contractslch
City of Sunny Isles Beach
17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
3. Transfer all work in process, completed work and
other materials related to the terminated work to
the City.
4. Continue and complete all parts of that work that
have not been terminated.
b. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed in the event the Contractor
is placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit
of creditors.
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. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this Contract without the prior written consent of
the City. Should the Contractor subcontract any services under this Contract, it shall be done
with continued liability for the Contractor. The Contractor shall remain responsible for services,
responsibilities and liabilities of any person or entity acting under Contractor.
12. TIME OF COMPLETION. The services to be rendered by the Contractor shall be
commenced upon execution of this contract and shall be completed within the time specified in
this Contract. A reasonable extension of time shall be granted in the event the work of the
Contractor is delayed or prevented by the City or by circumstances beyond the reasonable
control of the Contractor including weather conditions of acts of God which render the
performance of the Contractor's duty impracticable.
13. AUTHORITY TO PRACTICE. ~ontractor hereby represents and warrants that it has,
and will continue to maintain, all licenses and approvals required to conduct its business and that
it will at all times conduct its business activities in a reputable manner. Proof of such licenses
and approvals shall be submitted to the City prior to commencement of work under this Contract.
14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the
work, including alterations, reductions or additions thereto. Upon receipt of the City's
notification of a contemplated change, the Contractor shall (1) if requested by the City, provide
an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
City of any estimated change in completion date, and (3) advise the City in writing if the
contemplated change shall affect the Contractor's ability to meet the completion dates or
schedules of this Contract.
15. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
6
Tenex Construction Term Contract B
Attomey/Contractslch
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all
costs of arbitration and attorneys' fees incurred by the parties or, if neither party prevails on the
whole, each party shall be responsible for a portion ofthe costs of arbitration and their respective
attorneys' fees as may be determined by the court on confirmation.
16. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Contract or anytime for a period ofTen (10) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Contract,
any information which the City designates in writing as "confidential." As a violation by the
Contractor ofthe 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 in a court of equity for
violating such provisions.
17. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City to Christopher J. Russo, City Manager, with a copy to Lynn M.
Dannheisser, City Attorney, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250,
Sunny Isles Beach, Florida 33160, telephone 305/947-0606; fax 305/949-3113; and, if intended
for Contractor, shall be addressed to Tenex Enterprises, Inc., 12452 Wiles Road, Coral Springs,
Florida 33076; telephone ~99J.-757-hl/:;o; to Engineer at Calvin, Giordano & Associates,
Inc., Attention: Scott Gombar, Project Manager, 1800 Eller Drive, Suite 600, Ft. Lauderdale,
FL 33316, telephone: 954/921-7781; fax: 954/921-8807.
19. GOVERNING LAW. The validity of this Contract and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
action or proceeding commenced under or pursuant to this Contract shall be in Miami-Dade
County, in the State of Florida. .
20. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Contract for a period of three (3) years.
21. 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 I 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, disability or other handicap, age,
marital/family status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination.
7
Tenex Construction Term Contract B
AttorneylContractslch
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
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 V.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
22. 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
Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully
set forth herein, in connection with the Contract conditions hereunder.
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly that should conflict in any manner or degree with the performance of the services.
23. CONFLICTING PROVISIONS. The terms and conditions in this Contract supersede
any other conflicting provisions that are contained in any other document.
24. MISCELLANEOUS.
a. The rights granted to Contractor hereunder are nonexclusive, and the City reserves the
right to enter into Contracts with other persons or firms to perform services including those
provided hereunder.
b. Contractor and its employees shall promptly observe and comply with applicable
provisions of all published federal, state and local laws, rules and regulations which govern or
apply to the services rendered by Contracto.r hereunder, or to the wages paid by Contractor to its
employees.
c. Contractor shall obtain and keep in force during the term of this Contract all necessary
licenses, registrations, certificates, permits and other authorizations as are required by law in
order for Contractor to render the service(s) required hereunder.
d. Contractor shall not use the name or official seal of the City in any promotional material
without the prior written consent of the City.
e. Except as expressly provided for in this Contract, Contractor is not authorized to act as
the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind
the City hereunder, either in Contractor's relations with sub-Contractors, or in any other manner
whatsoever.
8
Tenex Construction Term Contract B
Attomey/Contractslch
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach. Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
25. ENTIRE CONTRACT. The contract documents include:
A. This Contract (pages 1 to 10, inclusive)
B. Exhibit "A," (pages A-I and A-2)
C. General Conditions (pages 1-42 inclusive)
D. Specifications bearing the title Roadway and Resident Parking Improvements,
CGA Project No. 4122.B consisting of items as listed in Table of Contents thereof
E. Drawings consisting of drawings by Civil Works, Inc. for Atlantic Avenue
Drainage Improvements numbered C1-C3; Resident Only Parking by CGA
Project No. 03-4415, sheets CI-ClO
F. Anti-Collusion Affidavit
G. Certificate as to Corporate Principal
H. Certificate as to Corporate Personnel
I. Acknowledgement of Conformance w/O.S.H.A. Standards
J. Construction Performance Bond
K. Terms and conditions of City of Weston Bid No. 2003-01
all of which are expressly incorporated herein by reference, shall constitute the entire Contract
between the parties with respect to the subject matter hereof, and it shall supersede all previous
and contemporaneous oral and written negotiations, commitments, Contracts and understanding
relating hereto. This Contract may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
26. AMENDMENT. Any modification of this Contract shall be effective only if in writing
and signed by the parties to this Contract. No waiver of any provision of this Contract shall be
valid or enforceable unless such waiver is in writing and signed bv the -party granting such
waIver.
9
Tenex Construction Term Contract B
Attomey/Contractslch
City of Sunny Isles Beach
17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Contract in duplicate
on the day and year first written above.
WITNESS:
-' .i-'
AT'tEST: '
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. Jane A. Hine~; City Clerk
::NE~:~
Print/type Name: HaY'r\\cl rO\A\~d' President
CITY OF SUNNY ISLES BEACH
10
Tenex Construction Term Contract B
Attomey/Contracts/ch
A EXHIBIT A
Roadway and Resident Parking Improvements
Bid Estimated
Item Description Quantity Unit Unit Price Estimated Total
I. GENERAL
1 Mobilization and MOT LS $9,109.28 $9,109.28
II. Atlantic Isles Drainage and Resurfacing
1 Removal of Existing Asphalt Walkway
(includes Sawcutting, removal, hauling
and disposal of asphalt walkway and 1,186 SY $2.00 $2,372.00
existing curbing)
2 Adjust Water Valves 1 EA $40.00 $40.00
3 Relocate Existisng Electrical Box 1 EA $1,000.00 $1,000.00
4 Tree Removal 4 EA $100.00 $400.00
5 Planting soil spread in place-80/20 mix
per cubic yard-includes backfill soil for $984.20
shrub hedges 49 CY $20.00
6 St. Augustine 'Floratam' sod 900 SF $0.25 $225.00
7 1-1/4" Asphalt Type 5-1, Structural
Course 1,111 SY $3.80 $4,222.22
8 1-1/4" Asphalt Type S-I, Structural
Course (CUL-DE-SAC) 968 SY $3.80 $3,678.40
9 Stabilized Subgrade 12" 968 SY $3.00 $2,904.00
10 8" Limerock Base 968 SY $5.00 $4,840.00
11 Type "F" Curb & Gutter 230 LF $12.00 $2,760.00
1 2 Concrete Apron 3 EA $250.00 $750.00
13 Type C Inlet with Pollution Retardant
Baffle 3 EA $3,000.00 $9,000.00
14 Storm MH, 42" 2 EA $3,000.00 $6,000.00
Subtotal Atalntic Isles Drainage and Resurfacing J $39,175.82 f
III. Resident Only Parking
1 5 Type S-1 Structural Course 1 1/4" thick 690 SY $3.75 $2,587.50
1 6 Type S-1I1 Surface Course 1" thick 690 SY $2.35 $1,621.50
17 8" Limerock Base 700 SY $5.00 $3,500.00
18 Stabilized Subgrade 12" 700 SY $3.00 $2,100.00
19 Type "F" Curb & Gutter 120 LF $12.00 $1,440.00
20 Adjust MH 1 EA $150.00 $1 50.00
21 4" Thick Concrete Sidewalk 1,250 SF $2.10 $2,625.00
22 Excavation and disposal of muck, clay,
rock or any other unsuitable material
(including backfill as directed by the CY $9,000.00
Engineer) 3,000 $3.00
23 24" Solid White (Stop Bar) Thermo 150 LF $3.00 $450.00
11/03 A-1 03-4122.8
: i
EXHIBIT A
Roadway and Resident Parking Improvements
Bid Estimated
Item Description Quantity Unit Unit Price Estimated Total
24 6" Solid White Thermo 3,720 LF $0.40 $1,488.00
25 10'-30' Skip 6" WhitelYellow 2,690 LF $0.45 $1,210.50
26 18" Solid White Thermo 295 LF $1.60 $472.00
Subtotal Resident Only Parking I $26,644.50 I
IV. Miscellaneous Miling and Resurfacing
27 1" Milling (as directed by engineer) 2,069 SY $2.00 $4,138.00
28 Type S-1I1 Surface Course 1" thick 2,069 SY $2.35 $4,862.15
29 6" Solid White Thermo 1,217 LF $0.40 $486.80
30 6" Solid Yellow Thermo 652 LF $0.40 $260.80
31 24" Solid White (Stop Bar) Thermo 31 LF $3.00 $93.00
32 12" Solid White Thermo 192 LF $1.30 $249.60
Subtotal Miscellaneous Miling and Resurfacing I $10,090.35 ,
V. Contigency $3,036.43
TOTAL CONTRACT AMOUNT (Item L Thru IV) I $88,056.38 ,
~ \1+ Cdtn
a..."L "- "'Z. . 0 <f
(Date)
EXCLUSION: ASPHALT AT THE DRIVE WAYS
11/03
A-2
03-4122.8
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the J res \ d e.nt of
'T~'vl t.X E-hte~~r\ 8C.~ \ \'(lC. , and that
t\ a ~ \ d. fou I a d i , who signed the Bid with City of Sunny Isles,
for
Miami-Dade
County
~\~~~~f=t-~~:~:ctNO.
IS ?Yts\cUh\
Florida
o 3 - 4( 21 . (3
of said Corporation with full authority to sign said Bid on
behalf of the Corporation.
Signed and sealed this..22c day of ;fa II L> Cc 1'J .20rl.1.
(SEAL)
~ CZ=sr~
19nat
ftami d fuvtlad i I Pr-eil dem
Typed w/Title
STATE OF FLORIDA
COUNTY OF
SWORN TO AND SUBSCRIBED before me this Z'l. day of I~ca;
, 200r
My Commission Expires:
....;:;;.~rU..." Maria Liliana lOliegue
{.ri!Ji.~~ MYCOMMISSJON# DD221148 EXPIRES
~.~~~ June 9, 2007
'''I~;iif.~~''''' BONDED THRU TROY FAIN INSURANC~ INt
/(#Ilc
11/03
00500-9
03-4122.6
CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
I, ~am'l d f"mA\ ad:, , certify that I am the ~re.\ \ dJ'/hl' of
T e,hoX. fhre\'~y\ ~\" \nc, , who
signed the Bid with City of Sunny Isles Beach, Miami-Dade County Florida for the project titled
f<D(1dw~y and Rej\d,Htt_P()Jlt'tv~_llrw~ }
Cl\\S~L(t) f\\ T (!tr'n Ctvrh-o.CD 03....~C.,Calvin, Giordano & Associates, Inc.
Project No. O~- 4'rz,Z, 'B , and that the following persons have the authority to sign
payment requests on behalf of the Corpor
\t ~'-'"\ 0 f'.~ LA (:j
(Signature)
Pr~.J.jk
(Typed Name w/Title)
(Signature)
(Typed Name w/Title)
(Signature)
(Typed Name w/Title)
.J
Signed and sealed this 2? day of cI q YU"J Cd' Y
...........'.....,
\
(SEAL)
(jam id flru fadi J PmJ'denl
Typed w/Title
STATE OF FLORIDA
COUNTY OF
SWORN TO AND SUBSCRIBED before me this zz.. day of jpl..ll~
- ,
, 20Qf
My Commission Expires:
",.nfl" M . l" .
.....~v.r~~ ana ,hana latlegue
[*rJi..\*~ MY COMMISSION # 00221148 EXPIRES
~.~:~:~ June 9, 2007
...;r,.Cff..r.-'t.. BONDED THRU TIIOY FAIN INSURANCE, INC
H/I!J
11/03
00500-10
03-4122.8
PERFORMANCE AND PAYMENT BOND
(public Work)
In compliance with F.S. Chapter 255.05(1)(a)
BOND NO:
00145
CONTRACTOR NAME:
Tenex Enterprises, Inc.
CONTRACTOR ADDRESS:
12452 Wiles Road
Coral Springs, FL 33076
CONTRACTOR PHONE NO:
(954) 510-0700
SURETY COMPANY:
First Sealord Surety, Inc.
SURETY AGENT:
Clarion Insurance Agency of America, Inc.
OWNER NAME:
City of Sunny Isles Beach
OWNER ADDRESS:
17070 Collins Avenue
Sunny Isles Beach, FL 33160
OWNER PHONE NO:
(305) 947-2150
OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO:
BOND AMOUNT:
$88,'056.38
CONTRACT NO:
03-4122B
DESCRIPTION OF WORK:
Roadway & Resident Parking Improvements
PROJECT ADDRESS:
LEGAL DESCRIPTION:
Front Paee
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-
printed thereon
Ot/18/~004 15:09 FAX 9545100702
~
TENEX_ENTERPRISES_INC
tal 001/002
Construction Performance Bond
BOND NO. 00145
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
80NTRACTOR (Name and Address):
Tenex Enterprises, Inc.
12452 Wiles Road
Coral Springs, FL 33076
SURETY (Name and Principal Place of ausiness):
First Sealord Surety, Inc.
4901 NW 17 Way
Ft. Lauderdale, FL 33309
:)WNER (Name and Address):
/l
.' ,
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $ 88,056.38
Description (Name and Location):
ROADWA Y AND RESIDENT PARKING IMPROVEMENTS
Ci[y of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date);
Amount: S 88,056 .38
Modifications to this Bond Form:
January 19, 2004
Signature;
_--....'--.....0.... .....
SURETY
Camp an
I
J
CONTRACTOR AS P
Company
AL
CONTRACTOR AS PRINCIPAL
Company
SURETY
(Corp. Seal) Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
00601-1
EJCDC No. 1910-2BA (1984 Bdition) .
Prepared through the joim efforts of the Surety Association of America, Engineers' Ioint Conuact Documents Conunittec. The Associated
General Contractors of' America. American lNtitute of ArchitectS. Aml!!rican Subeontracwrs Association, and the Associated Specialty
COnrrac.toTs.
03.4122.B
01/18/2004 15:08 FAX 8545100702
.'
TENEX_ENTERPRISES_INC,
~ 002/002
c Comracror and the: Surcl}'. jointly and $e\'e~l1y, bind thclIlllelves,
iT hein, executors, administrators, successors and assigns to thc Owner for
the performance of the Conslnlclion Contract, which ~ mCQtpOraced herein by
rcfereocc:.
2. If the Contractor pcrfonns the COn!tNedol1 Contract, lttc Surety and the
COnttllctor shall bave no obligation UndCT this :Sond, cltcept to panicipare in
confcrcnccs as provided in SUbpal1lgIllph 3.1.
3. If there is no Owner Oefll\1l~, the Surety's obligation undcr this lIond shall
arise after: .
3. L The Owner has notified the Conrracror and the Surety al hs
address desctlbed in Paragraph 10 below, rhat the OWDer is
considering declari.JIg a Contractor Defaul~ and has requested ami
attempted to mange a conference wlrh rhe Contractor" and the
SUrety to be held not later than fifteen days after receipt of such
notice to discllM methods of perform~ the Construction
Contract. If the Owner, thc Contractor ~ ~e SureI}' agree, thc
Contractor shaU be allowed a reasollab1e time lO pcrform me:
ConstrucnoD Conmct, but &uch all aSRlcment shall no~ waive rhe
Owner's right. If any, aubsequernly to declare a Contractor
Defaul~: and
3.2. The Owner has declared a Contractor Default and formally
lermUlated lhll Concnetor's righr to complete the contract, Such
COlllrllclOr Default shall not bc dcclarcd elltlier lban lWemy days
after the Connaccor and lhe SurelY have received notice as
provided in Subpangraph 3.1: and
3.3. Tbe Owner us agreed to pay rhe Balance of the Contnet Price to
lbe Surety in. aeeordance with the terms of the COlUlIUCtion
Contract or to a comractor seleCted to perfOtm lhe COllstnlcnon
Contract in accordance with the tcnns of the conrnet with the
OWMr.
4, When the Owner ha, satisfied the conditions of Pll1"agrapb 3, die SureI)'
shall promptly and al die Surety's expense take one of the fonowing actions;
4.1, Arrange faT the: Contractor, with consel1f of thc Owner, to
pctform and complete the COIISlIUcuon Contracl: or
4,2. Underrake 10 perform and complete the ConslJUction Contract
Itself, through Its agenrs or througb indcpcnde:nl contractors: or
4.3. Obtain bids Ot negotlall:d proposals from quallfied conlral:tors
acceptible tg the Owner tor a contnlet for performance and
completion of the ComttUctioll Contrac~. arrange tor a COnInlel ro
be prepared for execution by the Owner and thc cODlractor
selected with the Owner's cOllCUffence, to be secured with
perfonnancc: and payment bo11ds executed by a qualified surel)'
equivalem lO rhe bond, issued on the Constnlction COl\traCI, and
pay to the Owner the BJI10\lnl of damages as described in
Paragraph 6 in eJ;ceS5 of lbe Balance of the Contract Price
incurred by the Owner resultillg from the Contractor's default:
or
4.4, Waive: its nibt to perform and complete, amange for compleno!'.
or obral4 a rtew COl1tn1Clor and with reasonable promptness ulldor
rbe circumstances:
1. Afrer invesdgadon. detenniru: the amgunt for which Ir may
be liable to the OWJICr and. as soon as practicable after \fu:
amount is detennined, tender paymcl1f therefor tg tile
Owner: pr
2. Deny liability in whole or in part and notify rbe Owner
citing reasons therefor.
S. If the Sure:ly ~ nOI proceed as proYidcd in Paullraph 4 with reasonable
prompmess, the SUrely shall be deemed to be in dcfault 011 this Bond fUleen
days afll:r receipt of an additional wriltcn notice from the Owner co the SureI}'
demanding that lbe Surety perfonn its obli!luion, \lDder tI1.is. Bond, and rhe
Owner ,hall be enllded to enfon:e any remedy avaDable lO rhe Owner. If the
SUTCty proceeds u provided in SUbparagraph 4.4. and the Owner refu5cs the
paymelU tendered Dr the SUrety has denied liability, in whole or in pan,
wilhoUI funher notice the Owner sha.1I be entitled to enforce any remedy
available to the Owner.
6. After the Owner has terminated rh,e Contractor's rigbt to complete !be
Construction COlUCact, and if the Surety elects to ace under SubpanB'TIph 4.1,
4.2, or 4.3 abovr;, lben the responsibUlties of thc Surety 10 the Owner shall not
be grealer than those of the ConlIllolor Ul)der the Construction Contract, and
the responsiblliries of dJc Owner to the Surety shall not be grelrer than rhose of
rhe Owner ullllcr the Construction Contracr. To the limit of rhe artlgum of this
Bond, bUt subject to eornmilrl1e:nt by the Owner of the Balance: of the Conlfllct
Price to mitigation of cOSts and damair;, on the Constnlction ContfllCt, the:
SurelY is obligated withoul duplication for:
6.1. The responslbilltics of tile Contractor fot cOrrection of defective
work and completion of the ConstNClion Conllllc~
6.2. Additional legal, design professional a.ml delay C:OStS r~lting
from lbe: Contractor's Default, and reS\llting from tM actions or
failure to act of the Surcty \Inder Plllllgtaph 4: and
6,3. Liquidated damascs. or If no liquidated damaSC8 are Ipecmed Ut
the Conslruction Contract, at;lWll damages caused by delayed
performance Or non.performance of the Contractor.
7, The SUfOty shall not be Hable to the Owner or other:s fot obligatiON of me
Contl1lCIOr rhal are unrelalCd to lhc ConslJUction COlltIllet, aIld the Balaru:e of
the Contracl Price &hall nol be reduced or set off on account of any such
unrclatc4 obligations. No right of action shall aceNe on this Bond w any
puson or endty orher than the OWner or irs heirs, executors. adminiStrators, or
successors.
8. The Surcty hereby waives notice of any change, including changcs of
limr;. to the Consrrucdon COnlTllct or 10 related sUbCOntrllclS, purchase orders
and other obligatioll5.
9. Any proceeding, legal or equitable, under this Bond may be insdtUted in
any court of competcnt jurisdiclion in the location in which the work or part of
lIle \IOorlc u located and shall be InStlUlled within two years after ContIllctor
Dc(auJt or within tWo yeats alter the Contl1lctor ceased wodeins' or within !WO
years atrer the Surety refuses or fails lO perfomJ its obligations under this
Bond, whichever occurs first. If the provisions ot Iimitalion available to
sureties as a dcfe:lI5c in thr; jurisdicllon of the suit shall be applicable.
10. Notice to the Surety, the Owncr or the Conrraclor shall be mailed or
delivered to !he address slJown 'on rhe signamre page.
11. When Ibis Bond has been furnished CO comply with a statutory or other
Icgal requirement in the location where lbe COJlStnlcrion WIll to be performed,
any provision in this 80nd contlicting with said Stlll\ltory or legal requiremcot
Shllll be deemed deleted herd'rom and provisions contorming CO sl.Icll staturory
or orher legal rcquirement shall be deemed lneorponted herein. The intent is
that Ibis Bond sball be construed a, a statutory bond and lI(It as a conunon law
bond.
12. DefirutioDS.
12.1. Balance of rhe COntraCf Price: Tho total aDtOUllt payable by the
Owner to the Contractor under the Comtruction Contract after all
proper adjusummrs have been madc, including allowance to rhe
Contractor of any amounts received or CO bQ received by the
Owner in settlement of insurance OT other claims for dlmlge. to
which the COlltraelOr is cndl1~, reduced by all valid UId proper
paymenu made to or on behalf of the Contraclor \Inder the
COlQtruction Comnct,
12.2. Construction Contract: The agreement between the Owner and,
the COlUnelor identified on the signature page, including all J
Contract Documen13 and changes thereto.
12.3. Cgnlractor DefauIr: Failure of the Conrractor, which has neither
been TCQlcdie:d nor waived. to perform or olberwise (0 comply
with the terms of me Constl'\lction Contract.
12.4. OWllc:r Defawr: Failure of the Owner. which lias neither beell
remedied nor wait'cd, 10 pay tho Contractor as required by the
Consrmction Contner or to perform and complcte or CClJl1ply with
thc othcr fl:nns 1hereof.
(FOR INFORMATION ONLY-NameAdclress and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Bngineer or other party):
00601.2
BICDC No. 191o-28A (1984 Bdition)
Prepared through the JOIN effolU of lbe Surety Association of America, Enginctts' Joint Contract Oocumems Committee, The ASSociated
Gr;nend Contnetors of Am.rica. American Institute of Architects, American SubconrrlU:tors Association, and the Associated Specialty
,,~_..._------
03-4122.B
.
.
.
DOCUMENT 00650
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
TO THE CITY OF SUNNY ISLES BEACH
We J:e:het ~risls, (he. lacknowledge and agree that as
contractors for the construction of the "ROADWAY AND RESIDENT PARKING
IMPROVEMENTS", that we have the sole responsibility for compliance with all
requirements of the Federal Occupational Safety and Health Act of 1970, and all State and
Local Safety and Health regulations, and agree to indemnify and hold harmless the City of
Sunny Isles Beach, Florida and Calvin, Giordano & Associates, Inc., Consulting Engineers
against any and all lef;J~1 liability or loss the District or the Engineer may incur due to
-r-tJi\ll m~r f>ri\.e~' failure to comply with such act.
~
~
Inc.
C:J
By: \
Title:
PrfJ i diJvf
tJl /zz./$1
I DATE
END OF DOCUMENT
1 1/03
00650-1
03-4122.8
PRODUCER
954 583-5444
CERTIFICATE OF LIABILITY INSURANCE 1/5/~~-r;=.tMIDDIYY\
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE
ACORD
Pelican Insurance Agency
6950 Cypress Rd Ste 208/7
Plantation, FI 33317
INSURER A:
Burlington
INSURED
Tenex Enterprises Inc.
12452 Wiles Road
Coral Springs, FL 33076
INSURER B: TICO
INSURER C: Mount Vernon Fire Insurance Company
INSURER 0: Ins Co. State of Penn.
INSURER E:
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INS POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDIYY) DATE (MMlDDIYY)
A GENERAL LIABILITY EACH OCCURENCE $ 1,000,000.00
X COMMERCIAL GENERAL lIABILITY FIRE DAMAGE (Anyone fire) $ 50,000.00
CLAIMS MADE DOCCUR MED EXP (Anyone person) $ 1,000.00
3598510438 4/29/2003 4/29/2004 1,000.000.00
PERSONAL & ADV INJURY $
I GE~'l AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000.00
PRODUCTS. COMP/OP AGG $ 1,000,000.00
,PRO-
POLICY JECT lOC
B I AUTiMOTIVE LIABlLITY COMBINED SINGLE LIMIT 3,000,000
$
I X ANY AUTO (Ea accident)
R
' All OWNED AUTOS BODILY INJURY 1,000,000
(Per person) $
~ SCHEDULED AUTOS LCOOo0857503 5/13/2003 5/13/2004
X HIRED AUTOS BODILY INJURY
(Per accident) $ 1,000,000
, X NON-OWNED AUTOS
PROPERTY DAMAGE 1,000,000
(Per accident) $
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
o ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG
C f~:" UAmUW EACH OCCURENCE $ 1,000,000,00
~ OCCUR D CLAIMS MADE AGGREGATE $ 1,000,000,00
CCP-251756 4/29/2003 4/29/2004
$
I DEDUCTIBLE $
RETENTION $ $
D WORKER'S COMPENSATION AND OTH.
EMPLOYERS' LIABILITY ER
WC02120103 12/8/2002 12/1/2004 $ 100,000.00
E.L. DISEASE. EA EMPLOYEE $ 100,000.00
E.L. DISEASE. POLICY LIMIT $ 500.000.00
OTWFR
DESCRIPTION OF OPERATlDNSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project No 03-4122.8 Roadway and Resident Parking Improvements
cert holder also named as an additional insured
CERTIFICATE HOLDER
City Of Sunny Isles Beach
17070 Collins Avenue Ste 250
Sunny Isles Beach, FL 33160
3059493113
~DDfTlONAL INSURED: INSURER LETTER: A
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
30 EXPIRATION OAT THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY,ITS AGENfS ORREP SEN 1;$. .'.
AUTHORIZED REPRESENTATIVE
C2/ 7
City,un" is, Ci
City Of Sunny Isles Beach Norman S. Commission
delcup,Mayor
04 °a 17070 Collins Avenue, Suite 250 Gerry Goodman,Vice Mayor
Sunny Isles Beach,Florida 33160
Roslyn Breda Commissioner
v x Danny Iglesias.Commissioner
• (305) 947-0606 City Hall Lewis Thaler,Commissioner
(305J 949-3113 Fax Christopher J.Russo,City Manager
. F1ov> ,E (305) 947-2150 Building Department Lynn M.Dannheisser,Oa,Attorney
re or su ""
° (305 947-5107 Fax Jane A.Hines,Ciy Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J.Russo,City Manager `-^Y`fi.._
DATE: December 18,2003
RE: ROADWAY AND CENTRAL ISLAND RESIDENT PARKING
IMPROVEMENTS AGREEMENT
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution approving an
agreement with Tenex Enterprises, Inc. ("Tenex") for roadway and Central Island resident
parking improvements.
REASONS
The City is in need of various roadway and resident parking improvements services, such as
milling and resurfacing; asphalt repair and removal; relocating an existing electrical box; tree
removal; re-sodding; and more, as fully described in Exhibit"A" of the attached contract.
Earlier this year the City of Weston awarded a contract for like services to Tenex, as the most
responsive, responsible bidder. Staff recommends that the City piggyback that contract and enter
into an agreement for professional services with Tenex, under the same terms and unit pricing as
Weston Bid No. 2003-01.
Tenex has submitted a proposal for services in the amount of Eighty-Eight Thousand Fifty-Six
Dollars and Thirty-Eight Cents ($88,056.38), which utilizes said pricing.
ADDITIONAL INFORMATION
Piggybacking the Weston contract benefits the City in cost and time. It excludes us from having
to prepare and issue a formal bid for services, white ensuring we receive competitive pricing and
services. It will also allow us to complete this project sooner.
CJR/pw
Resident Parking,Drainage&Milling Agenda Memo