HomeMy WebLinkAboutReso 2004-716
RESOLUTION NO. 2004 - :L.1.1e
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AMENDMENT NO.2
TO THE AGREEMENT, APPROVED UNDER RESOLUTION NO. 2003-
617 BETWEEN THE CITY OF SUNNY ISLES BEACH AND TENEX
ENTERPRISES, INC., FOR ASPHALT STAMPING OF THE PARKING
SPACES ADJACENT TO MARGOLIS PARK, AND CROSSWALKS
ALONG COLLINS A VENUE, IN AN AMOUNT OF $147,000.00,
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT; 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 hired Tenex Enterprises, Inc" under
Resolution No. 2003-617, to perform roadway and Central Island resident parking improvements
within the City for the health, welfare and benefit of its citizens; and
WHEREAS, the City desires additional work to be performed for asphalt stamping of the
parking spaces adjacent to Margolis Park and for the crosswalks along Collins A venue, including
all labor, materials and equipment, for which the City received a proposal from Tenex
Enterprises, Inc., in the amount of One Hundred Forty-Seven Thousand Dollars ($147,000,00);
and
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~.
WHEREAS, the City, being satisfied with the performance and quality of workmanship
of Tenex, wishes to contract with Tenex Enterprises, Inc., to perform this additional work, in the
amount of $147,000.00, 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 Amendment No, 2, Amendment No. 2 by and between the City of
Sunny Isles Beach and Tenex Enterprises, Inc., for asphalt stamping of the parking spaces
adjacent to Margolis Park and for the crosswalks along Collins A venue, in the Amount of
$147,000.00, 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
Amendment No.2.
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.
R2004- Tenex Enterprises. Inc,. Amendment No, 2
1
PASSED AND ADOPTED this 9th day of September, 2004.
A TTE~T: .'
(
orman S, Ede1cup, Mayor
. ,
..~~<~
JaneA. ffines, CitY.Clerk
,
APPE:qYED AS TO FORM
AND"LE ' ICIENCY:
ity Attorney
Moved by:
Cb~ THAt.r.R
~~~ ~~l~
Seconded by:
V ote:fr-D
Mayor Ede1cup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
_JLJYes)
~Y es)
~Yes)
_(Yes)
V(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2004- TeDex Enterprises, Inc" Amendment No, 2
2
11 b
AMENDMENT NO.2
TO ROADWAY AND RESIDENT PARKING CONTRACT BY AND BETWEEN
CITY OF SUNNY ISLES BEACH AND TENEX ENTERPRISES, INC.
CONTRACT NO. 03-4122-B, DATED MAY 29, 2002
WHEREAS, the Tenex Enterprises, Inc., ( "Tenex ") was hired by the City to perform roadway
and resident parking improvements within the City, under the referenced contract and approved
by Resolution No. 2003 -617; and
WHEREAS, pursuant to Paragraph 14 — Modifications of Work, of the referenced contract, the
City requests additional work to be performed for asphalt stamping of the parking spaces and
cross walks that was created adjacent to the Margolis Park and along Collins Avenue, including
all labor, materials and equipment, for which the City has received a proposal from Tenex
Enterprises, Inc., dated August 19, 2004, in the amount of $147,000.00, attached hereto as
Exhibit "A;" and
WHEREAS, the City, being satisfied with the performance and quality of workmanship of
Tenex, wishes to contract with Tenex Enterprises, Inc., to perform this additional work;
NOW THEREFORE, in accordance with the terms of Paragraph 14 of the referenced contract
and Tenex's proposal attached hereto as Exhibit "A," in the amount of $147,000.00, the City
hereby amends the contract as follows:
1. Additional service to be performed: Asphalt stamping of the parking spaces and cross
walks that was created adjacent to the Margolis Park and along Collins Avenue
including labor, materials and equipment, for the additional cost of $147,000.00.
Payment to be made upon completion.
2. The original contract amount is hereby increased by One Hundred and Forty -Seven
Thousand no /100 Dollars ($147,000.00) to Two Hundred and Forty -One
Thousand Five Hundred Fifty -six and 38/100 ($241,556.38).
3. All other terms and conditions of the contract remain the same.
TENEX ENTERPRISES, IN
ouladr; President
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Tenex Enterprises -- Amendment No. 2
Attorney /Agreements /j b
1
CITY OF SUNNY ISLES BEACH
A
a y ti J ✓ r
0
By:Y .'•
Jane A= Hines; -City. Clerk
Date:
SIB
0
D
TENEX
ENTERPRISES, INC.
12452 WILES ROAD CORAL SPRINGS, Fl. 33076 TEL: 954 -510 -0700 FAX: 954. 510 -0702
August 19`h, 2004
Calvin, Giordano & Associates, Inc.
2546 SW 30'' Ave.
Pembroke Park, F133009
Attn: Scott Gambar
Re: City of Stymy Isles- residential Parking Lot Project
Dear Mr. Gumbar,
As per your request regarding the price for the stamp asphalt on the residential parking
lot in front of the church St. and NE 17e Drive, please have following information
regarding above mentioned project.
ITEM I QUANTITY 1 UNIT I UNIT PRICE TOTAL_
STAMP ASPHALT 1 10500 APR. J SF 1 $14.00 $147,000.00
Should you have any questions, please contact me at (954) 214- 75782_
�%3`meerely
I Iamiid
President
gywI/VV4
AMENDMENT NO.2
TO ROADWAY AND RESIDENT PARKING CONTRACT BY AND BETWEEN
CITY OF SUNNY ISLES BEACH AND TENEX ENTERPRISES, INC.
CONTRACT NO. 03- 4122 -B, DATED MAY 29, 2002
WHEREAS, the Tenex Enterprises, Inc., ( "Tenex ") was hired by the City to perform roadway
and resident parking improvements within the City, under the referenced contract and approved
by Resolution No. 2003 -617; and
WHEREAS, pursuant to Paragraph 14 — Modifications of Work, of the referenced contract, the
City requests additional work to be performed for asphalt stamping of the parking spaces and
cross walks that was created adjacent to the Margolis Park and along Collins Avenue, including
all labor, materials and equipment, for which the City has received a proposal from Tenex
Enterprises, Inc., dated August 19, 2004, in the amount of $147,000.00, attached hereto as
Exhibit "A;" and
WHEREAS, the City, being satisfied with the performance and quality of workmanship of
Tenex, wishes to contract with Tenex Enterprises, Inc., to perform this additional work;
NOW THEREFORE, in accordance with the terms of Paragraph 14 of the referenced contract
and Tenex's proposal attached hereto as Exhibit "A," in the amount of $147,000.00, the City
hereby amends the contract as follows:
Additional service to be performed: Asphalt stamping of the parking spaces and cross
walks that was created adjacent to the Margolis Park and along Collins Avenue
including labor, materials and equipment, for the additional cost of $147,000.00.
Payment to be made upon completion.
2. The original contract amount is hereby increased by One Hundred and Forty -Seven
Thousand no /100 Dollars ($147,000.00) to Two Hundred and Forty -One
Thousand Five Hundred Fifty -six and 38/100 ($241,556.38).
3. All other terms and conditions of the contract remain the same.
TENEX ENTERPRISES, I CITY OF SUNNY ISLES BEACH
_... _ By:
Hamid Fouladi, esi ent orman S. Edelcup, Mayor
APPROVED AS TO FORM
AND LEGAL RUFFICIENCY:
M
Tenex Enterprises -- Amendment No. 2
Attorney /Agreements /j b
A
By.
Attorney Jane A.Iines City Clerk
Date:_
r
___.._ ......- ... ..... ..av�o_yn V. 1JVV 1 /VVL
TENEX
ENTERPRISES, INC.
12452 WILES ROAD CORAL SPRINGS, FL 33076 TEL: 954 - 510-0700 FAX: 954510 -0702
August 19`h, 2004
Calvin, Giordano & Associates, Inc.
2546 SW 30'h Ave.
Pembroke Park, F133009
Attn: Scott Gombar
Re: City of Stuiny Jsles- residential Parking Lot Project
Dear Mr. Gumbar,
As per your request regarding the price for the stamp asphalt on the residential parking
lot in front of the church St. and NE 17e Drive, please have following information
regarding above mentioned project.
i I Itivl I QUANTITY UNIT UNIT PRICE TOTAL.
STMMP ASPHALT 1 10500 APR.- SF $14.00 $147,000.00
Should you have any questions, please contact me at (954) 214- 75782.
�ineerely
Tianaid
President
K
i�
TENEX
ENTERPRISES, INC.
12452 WILES ROAD CORAL SPRINGS, Fl. 33076 TEL: 954- 510-0700 FAX: 954510.0702
August 19`h, 2004
Calvin, Giordano & Associates, Inc.
2546 SW 30" Ave.
Pembroke Park, F133009
Attn: Scott Gombar
Re: City of Stymy Jsles - residential Parking Lot Project
Dear Mr. Gumbar,
As per your request regarding the price for the stamp asphalt on the residential parking
lot in Front of the church St. and NE 178'" Drive, please have following information
regarding above mentioned project.
Should you have any questions, please contact me at (954) 214- 75782.
{� mcercly
Ilamid '
President
NA 0
February 5, 2004
VIA FACSIMILE NO. 305/949/3113
AND UNITED STATES MAIL
Mr. Hamid Fouladi, President
Tenex Enterprises, Inc.
12452 Wiles Road
Coral Springs, FL 33076
Re: Notice to Proceed, Term Contract
03- 4122 -B & 03- 4122 -C
Dear Mr. Fouladi:
This letter shall serve as the Authorization to Proceed as required under that certain
contract by and between the City of Sunny Isles Beach and Texex Enterprises, Inc.,
dated February 26, 2004 (the "Agreement'. All work shall be performed in
accordance with the terms and provisions of the Agreement.
If you have any questions, please contact Mr. Scott Gumbar, P.E., Calvin, Giordano and
Associates, Inc. at (954) 921 -7781.
Very truly yours,
CITY OF SUNNY ISLES BEACH
By: es E. atts, Director
Public orks Department
JEW /jw
CITY OF SUNNY ISLES BEACH
CONSTRUCTION TERM CONTRACT NO. 03- 4122 -B
ROADWAY AND RESIDENT PARKING - IMPROVEMENTS
THIS ONSTRUCTION TERM CONTRACT made and entered into this JgAay
of 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
522 069 l01 cl .
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"
of CGA 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.
Tenex Construction Term Contract B Exhibit "A"
Attorney /Contracts/ch
1'
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. LIQUIDATED 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 /100 dollars ($500.00) for each calendar dray of delay that actual completion
extends beyond the time limit specified.
4. COMEENSATION. 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: 9 monthly ❑ 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 conformity. 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, judgment, lien, or any form of indebtedness. The Contractor
2
Tenex Construction Term Contract B
Attorney /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
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:
❑ Comprehensive General liability insurance -- including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with limits of One Million Dollars ($1,000,000) combined single limit
occurrence.
❑ 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.
❑ Errors and Omission -- Contractor shall carry a minimum of $500,000 coverage
for errors and omissions.
❑ 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
Ten" 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 of the 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
of this Contract and the consummation of the transactions contemplated hereby.
4
Tenex Construction Term Contract B
Attorney /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
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.
In the event of termination, all finished and unfinished documents,
data and other work product prepared by Contractor (and sub -
Contractor[s]) 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.
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 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.
iii. After receipt of a Termination Notice and except as otherwise directed
by the City, the Contractor shall:
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
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
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 Insolvencv. 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. Contractor 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 /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
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 of the 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 any time for a period of Ten (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 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 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.
Daunheisser, 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 *54-554-75 7-614o; 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
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 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.
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 Contractor 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.
Tenex Construction Term Contract B
Attorney /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
25. ENTIRE CONTRACT. The contract documents include:
A. This Contract (pages 1 to 10, inclusive)
B. Exhibit "A," (pages A -1 and A -2)
C. General Conditions (pages 1 -42 inclusive)
D. Specifications bearing the title Roadway and Resident Parking Improvements,
CGA Project No. 41223 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 C1 -C10
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 by the party granting such
waiver.
9
Tenex Construction Term Contract B
Attorney /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
IN WITNESS WHEREOF, the parties hereto have executed this Contract in duplicate
on the day and year first written above.
AThST: • ��',�,
By:
.� Jane A. Hines, City Clerk
APPROVED 4S TO FORM
AND LEGAL/SUFFICIENC
Um
M
Tenex Construction Term Contract B
Attorney /Contracts/ch
TENEX ENTERP
By:
Print/type Name: {- dyyN i g dL1j atd l President
10
CITY OF SUNNY ISLES BEACH
N
EXHIBIT A
Roadway and Resident Parking Improvements
Bid Estimated
Item Description Quantity Unit Unit Price Estimated Total
I. GENERAL
1 Mobilization and MOT
II. Atlantic Isles Drainage and Resurfacing
1 Removal of Existing Asphalt Walkway
(includes Sawcutting, removal, hauling
and disposal of asphalt walkway and
existing curbing)
2 Adjust Water Valves
3 Relocate Existisng Electrical Box
4 Tree Removal
5 Planting soil spread in place -80/20 mix
per cubic yard - includes backfill soil for
shrub hedges
6 St. Augustine 'Floratam' sod
7 1-1/4" Asphalt Type S -I, Structural
Course
8 1 -1 /4" Asphalt Type S -I, Structural
Course (CUL -DE -SAC)
9 Stabilized Subgrade 12"
10 8" Limerock Base
11 Type "F" Curb & Gutter
12 Concrete Apron
13 Type C Inlet with Pollution Retardant
Baffle
14 Storm MH, 42"
1 LS $9,109.28 $9,109.28
1,186
SY
$2.00
$2,372.00
1
EA
$40.00
$40.00
1
EA
$1,000.00
$1,000.00
4
EA
$100.00
$400.00
49
CY
$20.00
$984.20
900
SF
$0.25
$225.00
1,111
SY
$3.80
$4,222.22
968
SY
$3.80
$3,678.40
968
SY
$3.00
$2,904.00
968
SY
$5.00
$4,840.00
230
LF
$12.00
$2,760.00
3
EA
$250.00
$750.00
Subtotal Atalntic Isles Drainage and Resurfacing
111. Resident Only Parking
15 Type S -1 Structural Course 1 1/4" thick
16 Type S -III Surface Course 1 " thick
17 8" Limerock Base
18 Stabilized Subgrade 12"
19 Type "F" Curb & Gutter
20 Adjust MH
21 4" Thick Concrete Sidewalk
22 Excavation and disposal of muck, clay,
rock or any other unsuitable material
(including backfill as directed by the
Engineer)
23 24" Solid White (Stop Bar) Thermo
11/03 A -1
3 EA $3,000.00 $ 9, 000.00
2 EA $3,000.00 $ 6, 000.00
690
690
700
700
120
1
1,250
150
$39,175.82
SY
$3.75
$2,587.50
SY
$2.35
$1,621.50
SY
$5.00
$3,500.00
SY
$ 3.00
$2,100.00
LF
$12.00
$1,440.00
EA
$150.00
$150.00
SF
$2.10
$2,625.00
CY
$3.00
$9,000.00
LF
$3.00
$450.00
03- 4122.6
EXHIBIT A
Roadway and Resident Parking Improvements
Bid Estimated
Item Description Quantity Unit Unit Price Estimated Tota'
24 6" Solid White Thermo
3,720 LF $0.40 $1,488.00
25 10' -30' Skip 6" White /Yellow
2,690 LF $0.45 $1,210.50
26 18" Solid White Thermo
295 LF $1.60 $472.00
Subtotal Resident Only Parking $26,644.50
IV. Miscellaneous Miling and Resurfacing
27 1 " Milling (as directed by engineer)
2,069
SY
$2.00
$4,138.00
28 Type S -111 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 $10,090.35
V. Contigency
TOTAL CONTRACT AMOUNT (Item I Thru IV)
$3,036.43
$88,056.38
- r - i h+ Cehts
Written
a.. 't- Zoo
( rector) (Date)
EXCLUSION: ASPHALT AT THE DRIVE WAYS
11/03 A -2 03- 4122.8
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, i� aYYI I d (Q certify that I am the res (,� e- of
Tow ex Eln%Y pr r'. , and that
who signed the Bid with City of Sunny Isles,
Miami -Dade County Florida for
.UYI�lY�1L11(I�(1 iii Nt A128 0 -4122 -13AN CGA Project No. 03-,+122.0
is ?ye S k o of said Corporation with full authority to sign said Bid on
behalf of the Corporation.
Signed and sealed this ,,ZL day of , 2001.
v
(SEAL)
tl��id ladi, P"ujiAcht
Typed w /Title
STATE OF FLORIDA
COUNTY OF
SWORN TO AND SUBSCRIBED before me this 2Z day of 04-W 200Y.
My Commission Expires:
`�is�r» Maria Lifiana Latiegue J�-Ve'A Z��
R MY COMMISSION # DD221148 EXPIRES
a: lune 9, 2001 public
�y°: BONDED THRU TROY FAIN INSURANCE, INC
11/03 00500 -9 03- 4122.13
CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
I, fi Qi hn 1 d FUM I a d i certify that I am the S ,h of
Tell 4 k. h � bY_ l _`ac ' , who
signed the Bid with City of Sunny Isles Beach, Miami -Dade County Florida for the project titled
i� I 1 h . 1 _ 1 n A .
C �n S%V7h rh Tft C fvrfira 03'9' 1222 1LC Calvin, Giordano & Associates, Inc.
Project No. T3' 4-17,2. 13 , and that the following persons have the authority to sign
payment requests on behalf of the Corpora
NPO*\JC> roULA
(Signature)
(Signature)
(Signature)
Signed and sealed this 27 day of at , 2001-
(SEAL)
STATE OF FLORIDA
COUNTY OF
Pr.A. L�
(Typed Name w /Title)
(Typed Name w/Title)
(Typed Name w/Title)
H fialadi, PM idien�
Typed w/Title
SWORN TO AND SUBSCRIBED before me this ZZ day of 1200.V
My Commission Expires:
ti�Ye Maria Lilian latiegue
MY COMMISSION # DD221148 EXPIRES
H:c d June 9, 2007
'4 �'r BONDED THRU TROY FAIN INSURANCE, INC bl1C
11/03 00500 -10 03 -41223
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 Page
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-
printed thereon
01,/16/2004 15:09 FAX 9545100702 TENEk_ENTERPRISES_INC. 1a001/002
Construction Performance Bond
BOND NO. 00145
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Tenet Enterprises, Inc.
12452 Wiles Road
Coral Springs, FL 33076
OWNER (Name and Address):
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):
SURETY (Name and Principal Place of Business):
First Sealord Surety, Inc.
4901 NW 17 Way
Ft. Lauderdale, FL 33309
ROADWAY AND RESIDENT PARKING IMPROVEMENTS
City of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date): January 19, 2004
Amount: $ 88,056.38
Modifications to this Bond Form:
CONTRACTOR AS
Company /
Signature:
Hamid Fouladi President
CONTRACTOR AS PRINCIPAL
Company
SURETY / _ ��
Seal) Company( orp. Seal)
Signature
N me and Title: a
J
Michele nev - At rnev -in- Fact
SURETY
(Corp. Seal) Company (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
00601 -1 03.4122.B
MCDC No. 1910 -28A (1984 Bdition)
Prepared through the joust efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects. American Subcontractors Association, and the Associated Specialty
C'OMICtOTS.
07/16/2004 15:09 FAX 9545100702 TENEX ENTERPRISES INC.
�e Contractor and the Surety, jointly and severally, bind themselves,
k heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by
reference,
2. If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
3. If there is no Owner DefaWr, the Surety's obligation under this Bond shall
arise after:
3.1. The Owner has notified the Contractor and the Surety at its
address described in Paragraph 10 below, that the Owner is
considering declaring a Contractor ]default and has requested and
attempted to arrange a conference with the Contractor and the
Surety to be held not later than fifteen days after receipt of such
notice to discuss methods of perform the Construction
Contract. If the Owner, the Contractor aryl the Surety agree, the
Connector shall be allowed a reasonable time to perform ft
Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor
Default: and
3.2. The Owner his declared a Contractor Default and formally
terminated the Contractor's right to complete the contract, Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received nodco as
provided in Subparagraph 3.1: and
3.3. The Owner has agreed to pay the Balance of the Contract Price to
the Surety in accordance with the terms of the Construction
Contract or to it contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner his satisfied the conditions of Paragraph 3, the Surety
shall promptly and at the Surety's expense halo; one of the following actions:
4.1. Arrange for the Contractor, with consent of the Owner, to
perform and complete the Construction Contract: or
4.2. Undertake to perform and complete the Construction Contract
Itself, through its agents or through independent contractors: or
4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract. arrange for a contract to
be prepared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified surety
equivalert to die bonds !issued on the Construction Contract, and
PAY W 1116 Owner the amount of damages as described In
Paragraph 6 in excess of the Balance of the Contract price
incurred by the Owner resulting from the Contractor's default:
or
4.4. Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under
the circumstances:
I- After investigation. determine the amount for which It may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the
Owner: pr
2. Deny liability in whole or in part and notify the Owner
citing reasons therefor.
3. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen
days after rocelpt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the
Owner shall be entded to enforce any remedy available to the Owner. If to
Surety proceeds ns provided in Subparagraph 4.4, and die Owner relines the
payment tendered or she Surety has denied liability, in whole or in pars,
1a002/002
without further notice the Owner shall be entitled to snfo[ce any remedy
available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the
Construction Contract, anal if the Surety elects to act under Subparagraph 4. 1.
4.2, or 4,3 above, dun the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and
the responsibilities of the Owner to die Surety shall not be greater than those of
the Owner under the Construction Contract. To the limit of the amount of this
Bond, but subject to eommitnhcnt by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
63. The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract
6.2. Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4: and
6.3. Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non - performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the
Contractor that are unrelated to the Construction Contract, and the Balance of
the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any
person or entity other than the Owner or its heirs, executors, administrators, or
successors.
8. The Surety hereby waives notice of any change, including changes of
time. to the Construction Contract or to related subcontracts, purchase orders
and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be insdruted in
any court of competent jurisdiction in the location in which the work or part of
the work is located and shall be Instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two
years after the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of limitation available ro
sureties as a defense in the jurisdiction of die suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page,
11. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be perfortned,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such suturory
or other legal requirement shall be deemed incorporated herein. The intent is
that this Bond shall be construed as a statutory bond and not as a common law
bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to to
Contractor of any amounts received or to be received by the
Owner in settlement of insurance or other claims for damages to
Which she Contractor is entitled, reduced by all valid and proper
Payments made ry or on behalf of the Contractor under the
Construction Contract.
12.2. Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all ,
Contract Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction ContraCL
12.4, Owner Default: Fail= of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Conattuction Contract or to perform and complete or comply with
the other arms thereof.
(FOR INFORMATION ONLY— Namepddress and Telephone)
AG$NT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
BJCDC No. 1910 -26A (1984 Edition) 00601-2 03- 4122.E
Pn^ ipared through the joint efforts of the Surety ASSOCiation of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
Corporation as My and to,the same extent asif signed by the duty authorized:officers of the Corporate ma' rid sea
41 the acts -of said Attomey=in -Fact, porsuanl- to, the�authorlty,hereby given, are hereby, ratified and confirmed
or
r representatives as the Board may from time io time determine. The seal of the Corporation shall' if
piney -in -Fact or representative: Tire authority of such Attomey- in -l±act and Agents shall be as presa
DOCUMENT 00650
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
TO THE CITY OF SUNNY ISLES BEACH
We. ��heaC �h Y) hG. }acknowledge 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 legal liability or loss the District or the Engineer may incur due to
vinix- Pnftr 11rW.'e4' failure to comply with such act.
By:
Title: p W (d,Q,P1
Z7i l%
DATE
END OF DOCUMENT
11/03 00650 -1 03-4122.B
04 /MM/DDmI
ACORD CERTIFICATE OF LIABILITY INSURANCE 1/5 /20DATE
PRODUCER 954 583 -5444
Pelican Insurance Agency
g y
6950 Cypress Rd Ste 208/7
Plantation, Fl 33317
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
INSURERA: Burlington
INSURED
Tenex Enterprises Inc.
12452 Wiles Road
Coral Springs, FL 33076
INSURER B: TICO
INSURER C: Mount Vernon Fire Insurance Company
INSURER D: 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
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE K-1 OCCUR
3598510438
4/29/2003
4/29/2004
EACH OCCURENCE
$ 1,000,000.00
FIRE DAMAGE (Anyone fire)
$ 50,000.00
MED EXP (Any one person)
$ 1,000.00
PERSONAL & ADV INJURY
$ 1,000,000.00
GENERAL AGGREGATE
$ 3,000,000.00
GENL AGGREGATE LIMIT APPLIES PER:
PRO
POLICY JECT LOC
PRODUCTS - COMP /OP AGG
$ 1,000,000.00
B
AUTOMOTIVE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
LC0000857503
5/13/2003
5!13/2004
COMBINED SINGLE LIMIT
(Ea accident)
$ 3 ' 000,000
X
BODILY INJURY
(Per person)
$ 1,000,000
X
BODILY INJURY
(Per accident)
$ 1,000,000
X
PROPERTY DAMAGE
(Per accident)
$ 1 ,000,000
GARAGE LIABILITY
❑ ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
C
EXCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
CCP- 251756
4/29/2003
4/29/2004
EACH OCCURENCE
$ 1,000,000.00
AGGREGATE
$ 1,000,000.00
$
$
$
D
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WCO2120103
12/8/2002
12/1/2004
❑
TORY LIMITS ER
E.L. EACH ACCIDENT
$ 100,000.00
E.L. DISEASE - EA EMPLOYEE
$ 100,000.00
E.L. DISEASE - POLICY LIMIT
$ 500,000.00
nTMFR
7
DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Project No 03- 4122.6 Roadway and Resident Parking Improvements
Cert holder also named as an additional insured
CERTIFICATE HOLDER I ODMONAL INSURED; INSURER LETTER: A
City Of Sunny Isles Beach
17070 Collins Avenue Ste 250
Sunny Isles Beach, FL 33160
3059493113
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
30 EXPIRATION DAT 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 "AGENTS OE€REP $
„F. �..
AUTHORIZED REPRESENTATIVE
7� "a
C4
- 6" a �
1 .1
l- 0 �)
vl_
.2 ds
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sONNv 's<F City of Sunny Isles Beach City Commission
✓ Norman S.Edeleup,Mayor
17070 Collins Avenue, Suite 250 Gerry Goodman,Vice Mayor
` ^ Sunny Isles Beach, Florida 33160 Roslyn Brain,Commissioner
Danny Iglesias,Commissioner
Lewis Thaler,Commissioner
ti,�. r (305) 947-0606 City Hall
t. oma ,, X305) 949-3113 Fax Christopher J.Russo,City Manager
f LO.k o h X305) 947-2150 Building Department Lynn M.Dannheisser,City Attorney
OF 4V X305) 947-5107 Fax
Jane A.Hines,City Clerk
MEMORANDUM
To: Honorable Mayor and City Commission
From: James E. Watts, Director
Public Works Department
Date: August 26, 2004
Re: APPROVAL FOR STAMPED ASPHALT CROSS
WALKS AND PARKING SPACES
RECOMMENDATION:
It is recommended that the Commission approve amending the contract of Tenex Enterprises, Inc.
for the asphalt stamping of the parking spaces they just created adjacent to the Margolis Park plus
the completion of those crosswalks remaining along Collins Avenue. The stamping job consists of
approximately 10,500 S.F. at a cost of$14.00 per S.F. for a total of$147,000.00.
REASONS:
This portion of the Tenex work was contemplated prior to their contract. However, at that time, the
total square footage and cost per S.F. was not known.
ADDITIONAL INFORMATION:
The stamping sub-contractor is a sole source and created the other crosswalks on Collins Avenue.
Therefore, all new work will be consistent in both design and color.
nr CityCommission
o i_< City of Sunny Isles Beach
s as Gerry
Goodman,an dViceup,Mayor
V
die m 17070 Collins Avenue, Suite 250 Gerry rui .C mi Mayor
//.% ` Sunny Isles Beach, Florida 33160 Roryn Bruin.Commissioner
Danny Iglesias,Commissioner
1305) 947-0606 City Hall Lewis Thaler,Commissioner
i\ 4 13051949-3113 Fax Christopher J.Russo,Ciy Manager
„a.' 1305) 947-2150 Building Department Lynn M.Dannheisser,City Avorney
of sus (305) 947-5107 Fax Jane A.Hines,City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Christopher J. Russo, City Manager
DATE: September 9, 2004
RE: ADDENDUM TO ROADWAY AND RESIDENTIAL PARKING (STAMPED
ASPHALT) CONTRACT WITH TENEX ENTERPRISES, INC.
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution authorizing an
addendum to Sunny Isles Beach Contract No. 03-4122-B, Roadway and Residential Parking
Contract with Tenex Enterprises, Inc. ("Tenex").
REASONS
In December 2003 the City entered into an agreement with Tenex for roadway and residential
parking improvement services, which included stamped asphalt for the various intersections.
The City now wishes to modify that contract with additional asphalt stamping services for the
newly-created parking spaces adjacent to the Margolis Park and the remaining crosswalks along
Collins Avenue. Tenex has submitted a proposal in the amount of One Hundred Forty-Seven
Thousand Dollars ($147,000.00), 10,500 square feet at a cost of $14.00 per square feet,
inclusive of labor, materials, and equipment.
ADDITIONAL INFORMATION
Last year, the City of Weston awarded a contract for like services to Tenex, as the most
responsive, responsible bidder. The City was able to piggyback that contract and enter into an
agreement with Tenex, under the same terms and unit pricing as Weston Bid No. 2003-01.
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, while ensuring we receive competitive pricing and
services. It will also allow us to complete this project sooner.
CJR/pw
Agenda Item
Stamped Asphalt-Tenex Addendum Agenda Memo
Date