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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 ~ ......., ~. 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. �.. 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Uzg Ura Ur° Ura Ura Ura Ura p �DBZ o-, o ov oa a.i oe'r o� O UU no v a r70\ tea, via CArn ono UD a 00 q 1 tom: ti N N T' ice.. 0 vs CA 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