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HomeMy WebLinkAboutReso 2012-1834 RESOLUTION NO. 2012 - 1<63l{_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, A WARDING REQUEST FOR PROPOSALS (RFP) NO. 11-11-03 TO AND ENTERING INTO AN AGREEMENT WITH TENEX ENTERPRISES, INC., FOR THE COLLINS AVENUE (WEST SIDE) SIDEWALK PAVERS PROJECT, IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED FORTY-SIX THOUSAND ONE HUNDRED SIXTY-ONE DOLLARS AND FIFTY CENTS ($546,161.50), A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AGREEMENTS FOR CONTINGENCY SERVICES, IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00), AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has long desired to have a consistent streets cape theme along Collins Avenue; and WHEREAS, the City is now in need of a contractor to furnish all materials, equipment and labor for sidewalk pavers on the west side of Collins A venue; and WHEREAS, the City issued and advertised Request for Proposals No. 11-11-03, for the Collins Avenue Sidewalk Paver Project, for which four (4) responses were received; and WHEREAS, staff has determined that the bid response from Tenex Enterprises, Inc. is the lowest responsive responsible bid; and WHEREAS, City staff negotiated a proposal with Tenex Enterprises, Inc. and has recommended the bid award, based on a careful review of the line items and consideration for the Contractor's reputation and past working relationship with the City; and WHEREAS, the City wishes to award RFP No. 11-11-03 to and enter into an agreement with Tenex Enterprises, Inc. to provide services on a unit price basis for the Collins Avenue Sidewalk Pavers Project, in an amount not to exceed Five Hundred Forty-Six Thousand One Hundred Sixty-One Dollars and Fifty-Cents ($546,161.50), attached hereto as Exhibit "A"; and WHEREAS, pursuant to the optional landscaping component to RFP No. 11-11-03, the City Commission desires to expand the scope of the Collins Avenue (west side) Sidewalk Pavers Project to include landscaping and authorizes the City Manager to negotiate and execute agreements, subject to legal sufficiency, in an amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) for contingency services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2012- Tenex Enterprises Collins Ave Sidewalk Pavers (Bid 11-11-03) Page I of2 Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. A ward of Bid and Approval of Agreement. The City Commission hereby awards RFP No. 11-11-03 to and enters into an agreement with Tenex Enterprises, Inc., for the Collins Avenue Sidewalk Pavers Project, in an amount not to exceed Five Hundred Forty-Six Thousand One Hundred Sixty-One Dollars and Fifty-Cents ($546,161.50), attached hereto as Exhibit "A". Section 3. Authorization of Mavor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to negotiate and execute agreements, subject to legal sufficiency, for contingency landscape services on the west side of Collins A venue in an amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00), and to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of January 2012. Vote: CS-o Mayor Ede1cup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl --\.L (Yes) -LL.(Yes) V (Yes) ~(Yes) ----1L. (Yes) R201Z- Tenex Enterprises Collins Ave Sidewalk Pavers (Bid 11-11-03) Moved by: ~M.tvV.Mto"ev A~L"O,;) GMY1\.\S ~\~~ ~\-\O LL Seconded by: _(No) _(No) _(No) _(No) _(No) Page 2 of2 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND TENEX ENTERPRISES, INC. CONSTRUCTION SERVICE CONTRACT NO. Cll12-0I 1 THIS AGREEMENT is made and entered into this 11]1tday J,wll~ of 20 I 2 by and between the City of Sunny Isles Beach (the "City") an Tenex Enterprises, Inc. a Florida Corporation (the "Contractor"). WITNESSETH: WHEREAS, the City issued Request for Proposal ("FRP") No. I 1-11-03 for all necessary work, labor and equipment to demolish existing concrete sidewalks and the constmction of a paver sidewalk along Collins A venue in the City (the "Project"); and WHEREAS, Contractor represents to the City that it possesses the reqUisIte qualifications, expertise and licenses to perform the Project as more particularly described in RFP No. 11-11-03; and WHEREAS, the Contractor agrees to provides the desired services to complete the Project in an amount not to exceed Five Hundred Forty Six Thousand One Hundred Sixty One Dollars and Fifty Cents ($546,161.50); and WHEREAS, pursuant to the optional landscaping component to RFP No. 11-11-03, the City Commission desires to expand the scope of services of the Project to include landscaping services and authorizes the City Manager to negotiate the cost for said contingency services in an additional amount not to exceed Seven Hundred Fifty Thollsand Dollars ($750,000.00). NOW THEREFORE, in consideration of the foregoing, and the mutual covenants and compensation set forth herein, the City and Contractor agree as follows: ARTICLE I. DEFINITIONS Agreement means this Agreement together with the Contract Documents. Bond(s) means the Payment Bond and the Performance Bond issued by a surety or sureties in accordance with the provisions of the Contract Documents. Commencement Date means the date on which Contractor commences on-site construction of the Project, but in no event later than five (5) days after the City's issuance of a Notice to Proceed. Contingency Services means the optional landscaping component to RFP No. 11-11-03. Contract Amount means the total sum of monies which has been agreed to between the Contractor and the City as the total price for the construction of the Project and Contingency Services under this Agreement. CONSTRUCTION SERVICE CONTRACT NO. CI 1 12-01 1 Page I oF28 ~') H l~.. w~D Contract Documents means this Agreement, the Request for Proposals, the Supplemental Provisions thereto, any Addenda to the Request for Proposals, the Contractor's Response to the Request for Proposals, the Bid Plans and Specifications, if any, the Notice(s) to Proceed issued by the City, as well as the documents specifically identified in Article 16 below. Contract Time means the time period defined in this Agreement for the Contractor to complete the Work. Contractor means the Successful Contractor selected by the City to provide all labor, materials, equipment, and services to complete the Work described in the Contract Documents. Contractor Project Manager means the person designated by Contractor as its lead representative to the City. The Contractor Project Manager shall have the authority to obligate and bind the Contractor and to act on all matters on behalf of Contractor except for revisions to the Contract Documents and Change Orders. Construction Change Directive means a written directive to effect changes to the Work, prepared by and executed by the City. Construction Schedule means a critical path schedule or other constrllction schedule, as defined and required by this Agreement. Construction Work means all Work required by this Agreement for the construction of the Project. The Construction Work s also referred to herein as the "Work". Cure means the action taken by the Contractor, promptly after receipt of written notice from the City of a breach of the Agreement, which shall be performed at no cost to the City, to repair, replace, correct, and/or remedy all material, equipment, or other elements of the Work or the Agreement affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site disturbed in performing such cure. Cure Period means a period of seven (7) days, after receipt of written notice to cure from the City, in which the Contractor is required to cure deficiencies in the Work or compliance with this Agreement or the Contract Documents. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such Drawings. Field Directive means a written approval for the Contractor to proceed with Work requested by the City, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Contractor has completed all the Work in accordance with the Agreement as certified by the City and submitted all documentation required by the Agreement. Final Completion shall be evidenced by the City's issuance of a Final Certificate for Payment. Insurance Requirements means the requirements described in this Agreement and the Contract Documents. Notice To Proceed means a written letter or directive issued by the City directing that the Contractor may begin Work on the Project or a specific task of the Project. CONSTRUCTION SERVICE CONTRACT NO. CI I 12-01 I Page 2 of 28 SIB Project Manager means an employee or representative of the City assigned to manage and monitor the Work to be performed under this Agreement and the construction of the Project. Project means the construction and incidentals thereto, of the project entitled RFP I 1- 11-03 for the Work described in the Contract Documents. Punch List means a compilation of items of Constmction Work required to be performed by, or through the Contractor after the Substantial Completion inspection and prior to Final Completion and payment. Request For Information (RFI) means a request from the Contractor seeking an interpretation or clarification by the City relative to the Agreement and/or the Contract Documents. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractor's interpretation or understanding of the document(s) in question, along with the reason for such understanding. Schedule of Values means a written schedule setting forth the detailed and itemized cost breakdown, inclusive oflabor, material, and taxes of all elements comprising the Work. Specifications and Plans as used herein means that portion of the Contract Documents which are the written requirements for the materials, equipment, systems, standards and workmanship for completion of the Work and performance of related services. Sub-Contractor(s) means a person or entity other than a materialman or laborer that has a direct contract with the Contractor to perform or supply any portion of the Work. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the deadlines set forth in the City's Notice(s) to Proceed such that the City can use, occupy and/or operate the facility in all respects to its intended purpose. Substantial Completion shall be evidenced by the City's execution of a Certificate of Substantial Completion. Time for Completion means the date of Substantial Completion as specified in the City's Notice(s) to Proceed. Work as used herein refers to all services required by the Contract Documents, including all labor, materials, equipment, supervision and services needed to complete the Project and Contingency Services in accordance with the Contract Documents. ARTICLE I. SCOPE OF WORK Contractor shall provide all labor, materials, equipment, tools, manpower, management, supervision, and all other necessary goods and services to perform the Work in the manner provided this Agreement and the Contract Documents. ARTICLE 2. CONTRACT TIME, TIME FOR COMPLETION AND LIQUIDATED DAMAGES 2.1 Time is of the essence in the performance of the Work under this Agreement. The Commencement Date shall be no later than five (5) days after City's issuance of the CONSTRUCTION SERVICE CONTRACT NO. CI I 12.01 I Page 3 oF28 C' ..:; .." '..-1 U Notice to Proceed. Contractor shall perform the Work in accordance with the Construction Schedule, as more particularly set forth in attached Exhibit "B", and shall achieve Substantial Completion of construction not later than the Time for Completion specified in the City's Notice(s) to Proceed. 2.2 Contractor shall complete all applications for the Permits within ten (10) calendar days aftcr execution of this Agreement. A Notice to Proceed for the commencement of the Work will not be issued until Contractor's submission to the City of all required documents, including, but not limited to, the Bonds, the Insurance Certificate and the Permits. In the event Contractor fails to deliver to the City the required documents within ten (10) days after the Execution Date, or fails to apply for the Permits within ten (10) days after the Execution Date, or fails to commence the Work within five (5) days after the City's Issuance of a Notice to Proceed, then Contractor shall be in default. In such event the City, in addition to all remedies provided for an event of Contractor's default hereunder, shall have the right to collect from Contractor all expenses incurred by the City in the re-procurement of the Services. 2.3 Time is of the essence throughout this Agreement. 2.4 The Work shall be substantially complete within the Time for Completion specified in the Notice(s) to Proceed issued by the City's Project Manager. Upon failure of Contractor to substantially complete the Work within the Time for Completion specified in the Notice(s) to Proceed, plus approved time extensions (if applicable), Contractor shall pay to the City the sum of Four Hundred Dollars ($400.00) for each calendar day after the Time for Completion plus any approved time extensions (if applicable). These amounts are not penalties but are liquidated damages to the City for its inability to obtain beneficial use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Construction Work on time. 2.5 The City is authorized to deduct liquidated damages from monies due to Contractor for Work under this Agreement or as much thereof as the City may, in its sole discretion, deem just and reasonable. 2.6 Contractor will promptly perform its duties under the Contract Documents and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. Time is of the essence of this Agreement. All Work shall be substantially performed within the time limitations necessary to meet all deadlines established in the Contract Documents. 2.7 All dates and periods of time set forth in the Notice(s) to Proceed and the Contract Documents, including those for the commencement, prosecution, Interim CONSTRUCTION SERVICE CONTRACT NO. CI 1 12-011 Page 4 of 28 SI8 milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. 2.8 Contractor acknowledges and recognizes that (i) the City is entitled to full and beneficial use of the completed Work following expiration of the Time for Completion, and (ii) the City will schedule the opening of the Project based upon the Contractor's achieving Substantial Completion of the Work on or before the Time for Completion. 2.9 Contractor agrees to the assessment of liquidated damages as provided in this Agreement. 2.10 Except for extensions approved in writing by the City, Excusable Delays, or as otherwise specifically provided in this Agreement, the Contractor understands that the occurrence of events of delay within the Contractor's control, shall not excuse the Contractor from its obligation to achieve Substantial completion of the Work within the time stipulated in this Agreement, and shall not entitle the Contractor to an adjustment of the Contract Amount. All parties under the control or contract with the Contractor shall include, but are not limited to, subcontractors, materialmen and/or laborers. ARTICLE 3. EXCUSABLE DELAY The Time for Completion may be extended by reason of an Excusable Delay. An Excusable Delay is delay caused by circumstances (i) beyond the control of Contractor, its Sub-Contractors, suppliers and vendors and (ii) not caused by the negligence of Contractor, its Sub-Contractors, suppliers and vendors. Where Contractor claims that it is entitled to an extension because of an excusable delay, it shall furnish to the Project Manager all documentation supporting its claim, including, details of the claim, a description of the work affected and the actual costs resulting from the delay. Failure of Contractor to comply with this Article as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. ARTICLE 4. NO DAMAGE FOR DELAY In the event completion of the Project is delayed through no fault of Contractor or Owner, it is agreed that Contractor's sole and exclusive remedy is a time extension of the Time for Completion equal to each day the Work is so delayed. The City shall not be liable for any delay damages or damages in any way attributable to performing work out of sequence, acceleration claims, or other similar type claims, incurred by Contractor or any of its Sub-contractors, arising out of or in any way associated with the perfomlance of this Contract. In the event Contractor is delayed in performance of the Work by act or omission of Owner, or Owner's Agents, employees, consultants or Separate Contractor's, Contractor shall be entitled to an equitable adjustment of the Time for Completion and Contractor's expenses associated with the delay. CONSTRUCTION SERVICE CONTRACT NO. CI I 12-01 I Page 5 01'28 SIB ARTICLE 5. CONTRACT AMOUNT. PROCESS OF PA YMENTS AND FINAL PAYMENT 5.1 The City shall pay to the Contractor, for the faithful performance of this Contract, the Contract Amount in accordance with the provisions of Article 2 of this Agreement. The Contract Amount for the Work described in the Contract Documents is a guaranteed maximum amount not to exceed Five Hundrcd Forty Six Thousand One Hundred Sixty Onc Dollars and Fifty Ccnts ($546,161.50) , as described in attached Exhibit "A", incorporated herein by reference. Payment shall be made pursuant to approved applications for payment approved by the City. Payment shall be made within thirty (30) days after the City's receipt of Contractor's Application for Payment, approved by the City, and accompanied by sufficient supporting documentation, and containing sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. 5.2 Contractor may make Application for Payment for Construction Work completed during the Project at intervals of not more than once a month. Contractor's Application for Payment shall include partial release(s) of liens or consent of Surety relative to the portion of the Work, which is the subject of the Application for Payment and any other information required by the City. Each Application for Payment shall be submitted in triplicate to the City for approval. 5.3 Ten percent (10%) of all monies earned by Contractor shall be retained by the City until Final Completion, receipt of closeout documents, and acceptance by the City except that after fifty percent (50%) of the Work has been completed, the Contractor may request a reduction in the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in accordance with Section 255.078 Florida Statutes. Any interest earned on retainage shall accrue to the benefit of the City. All requests for retainage reduction shall be in writing in a separate stand alone document. 5.4 The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 5.4.1 Defective Construction Work not remedied. 5.4.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or the City because of Contractor's performance. 5.4.3 Failure of Contractor to make payments properly to Sub- Contractors or for material or labor. 5.4.4 Liquidated damages and costs incurred by the City for extended construction administration. Failure of Contractor to comply with other provisions of this 5.4.5 Agreement. 5.5 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, the City or its designee shall, within ten (10) calendar days, make an inspection thereof. If the City or its designee finds the Work CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-01 1 Page 6 01'28 S., I !J..., i r.J acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by the City or its designee, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.6 Before issuance of the Final Certificate for Payment, Contractor shall deliver to the City or its designee a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof, an affidavit certifying that all suppliers and Sub-Contractors have been paid in full and that all other indcbtedness connected with the Construction Work has been paid, and a consent of the surety to final payment; the final corrected As-Built Drawings; the Record Set; and the final bill of materials, if required, and Application for Payment. Contractor shall deliver the written Contractor's and all Manufacturers warranties prior to issuance of the Final Certificate for Payment. 5.7 If, after the Construction Work has been snbstantially completed, full completion thereof is materially delayed through no fault of Contractor, and the City or its designee so certifies, the City shall, upon certificate of its designee, and without terminating the Agreement, make payment of the balance due for that portion of the Construction Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.8 Final payment shall be made only after the City or designee has reviewed a written evaluation of the performance of Contractor prepared by the City or its designee, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Agreement and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6. CONTINGENCY SERVICES The City may, pursuant to the optional landscaping component to RFP No. 11-11-03, enter into negotiations with Contractor to provide all labor, materials and equipment to perform landscaping services related to the Project (the "Contingency Services") in an additional amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) for said Contingency Services. ARTICLE 7. REQUESTS FOR INFORMATION (RFn The Contractor shall submit in writing a Request for Information (RFI) to the City or its designee, where the Contractor believes that the specifications or drawings are CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-01 I Page 7 of 28 c; P') WID unclear or conflict. All requests must be submitted in a manner that clearly identi fies the drawing and/or specification section where clarification or interpretation is being requested. ARTICLE 8. FIELD DIRECTIVES The City or its designee may at times issue Field Directives to the Contractor based on visits to the Project site. Such Field Directives shall be issued in writing and the Contractor shall be required to comply with such directive. Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall, within 48 hours, notify the City or its designec that the Field Directive is outside the scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a Change Order proposal. Where the Contractor is notified of the position that the Field Directive is within the scope and the Contractor disagrees, the Contractor shall notify the City or its designee that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a dctermination that the Contractor is in default of the Agreement. ARTICLE 9. CHANGE ORDERS 9.1 Changes in the quantity or character of the Construction Work of the Project which are not properly the subject of Field Directives shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of this Contract. 9.2 All changes to the Work or the construction Schedule must be pre-approved in writing by the City Manager in accordance with the value of the Change Order or the calculated value of the time extension. 9.3 In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Amount, the City reserves the right at its sole option to either terminate the Agreement as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or may submit the matter in dispute as set forth in the dispute resolution procedures set forth in this Agreement. 9.4 On approval of any changc increasing the Contract amount, Contractor shall ensure that the Bonds are increased accordingly. ARTICLE 10. SCOPE OF WORK MODIFICATION PROCEDURES 10.1 OWNER INITIATED MODIFICATIONS The City or its designee will issue a detailed description of proposed changes in the Work that may require an adjustment(s) to the Contract Amount or Contract Time. If necessary, the description will include supplemental or revised drawings and specifications. Subsequent to notification of modifications in the Work by City or its CONSTRUCTION SERVICE CONTRACT NO. CI I 12-01 I Page 8 of28 t"" I 'f.) :,,<, 1-' '-' ,J designee, Contractor shall submit a quotation estimating cost adjustments to the Contract Amount and/or the Contract Time necessary to execute the change. Contractor shall include the following information when rcsponding: . Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. . Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. . Include costs of labor and supervision directly attributable to the change. . Include an updated contractor's construction schedule that indicates the effect of the change, including but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float, if any, before requesting an extension of the Contract Time. 10.2 CONTRACTOR INITIATED MODIFICATIONS If latent or unforeseen conditions require modifications in the contract, the Contractor may propose changes by submitting a request for a change to the City or its designee. Contractor shall use form AlA Document G709 for said modification requests. The following MUST be submitted/included by Contractor: . A statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Amount and the Contract Time. . A list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. . Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. . Cost oflabor and supervision directly attributable to the change. . Updated contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start to finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. . Comply with any applicable product requirements if the proposed change requires substitution of one product or system for product or system specified. 10.3 ALLOWANCES Allowance Adjustment. To adjust allowance amounts, Contractor shall base each Change Order proposal on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place. If applicable, Contractor shall also include reasonable allowances for cutting losses, tolerances, mixing wastes, nOrnlal product imperfections, and similar margins. Contractor also agrees to the following conditions: CONSTRUCTION SERVICE CONTRACT NO. C11 12-01 1 Page 9 01'28 SIB . Include installation costs in purchase amount only where indicates as part of the allowance. . If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. . Submit substantiation of a change in scope of work, if any, claimed in change orders related to unit-cost allowances. . The City reserves the right to establish the quantity of work-in-place by independent quantity survey, measure, or count. Contractor must submit claims for increased costs because of a change in scope or nature of the allowance described in the contract documents, whether for the purchase order amount or contractor's handling, labor, installation, overhead, and profit. Contractor shall submit claims within fourteen (14) days of receipt of the change order or construction change directive authorizing work to proceed. The City or its designee will reject claims submitted later than fourteen (14) days after such authorization. Contractor also agrees to the following conditions: . Do not include Contractor's or subcontractor's indirect expense in the change order cost unless it is clearly shown that the nature or extent of work has changed from what could have been foreseen from information in the contract documents. . No change to Contractor's indirect expense is permitted for selection of higher or lower priced materials or systems of the same scope and nature as originally indicated. 10.4 CHANGE ORDER PROCEDURES On the City's approval of a proposal request, the City or its designee will issue a change order for signatures of the City and the contractor on AlA Document 0701 or approved change order form prepared by the City. 10.5 CONSTRUCTION CHANGE DIRECTIVE Construction Change Directive. The City or its designee may issue a construction change directive on AlA Document 0714 or approved change directive form prepared by the City. Construction change directivc instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a change order. Construction change directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Amount or the Contract Time. Documentation. Contractor agrees to maintain detailed records on a time and material basis of work required by the construction change directive. After completion of change directive, Contractor shall submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the contract. CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-01 I Page 1001'28 ~ V ~J !'.) ARTICLE II. SUBSTANTIAL COMPLETION, PUNCH LIST & FINAL COMPLETION II.I The Work shall be substantially complete when the City or its designee, in the reasonable exercise of their discretion, determines that the Work is complcte, that there are no material and/or substantial variations from the Agreement, and the Work is fit for its intended purpose. Upon Substantial Completion, the City will prepare a Certificate of Substantial Completion. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. 11.2 When the Contractor believes that the Construction Work is substantially complete, the Contractor shall request in writing that the City or its designee inspect the Construction Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submittcd until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or a Temporary Certificate of Occupancy unless the failure to obtain such certificate(s) is beyond the Contractor's control. The City of its designec shall schedule the date and time for any inspection and notify the Contractor and any other parties deemed necessary. During this inspection, the City or its designee and the Contractor shall sign a Substantial Completion Inspection certificate, any remaining Work shall be identified on the Punch list form, which work shall be known as Punch List work. The Punch List shall be signed by the City or its designee and the Contractor to confirm that the Punch List contains the item(s) necessary to complete the Construction Work. The failure or refusal of the Contractor to sign the Substantial Completion Inspection form or the Punch List, or the failure to include any items of corrective work on such Punch List, do not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. 11.3 Where the Punch List is limited to minor omissions and defects, the City or its designee shall indicate that the Constmction Work is substantially complete subject to completion of the Punch List. Where the City or its designee determines that the Work is not substantially complete, the City or its designee shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. 11.4 The City or its designee, and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. 11.5 Upon the receipt of all documentation, resolution of any outstanding issues and completion of the Punch List items, the City or its designee shall issue a Final Certificate for Payment. Upon issuance of the final payment, the City or its designee shall notify the Contractor in writing of the closeout of the Project. 11.6 Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. CONSTRUCTION SERVICE CONTRACT NO. CI I 12-011 Page 11 01'28 o ~. r") vlO ARTICLE 12. WARRANTY OF CONSTRUCTION The Contractor shall warrant that the Work conforms to the Agreement and is free of any patent and/or latent defect of the workmanship for a minimum period of one year from the date of Final Completion. This warranty shall be in addition to whatever rights the City may have under law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. ARTICLE 13. AS-BUILT DRAWINGS During the Construction Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as approved by the City or its designee and furnish such information as is required for the City or its designee to prepare As-Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the work as it was actually constructed. ARTICLE 14. CLEANING UP - THE CITY'S RIGHT TO CLEAN UP Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Construction Work, the City may do so and the cost thereof shall be charged to Contractor. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. ARTICLE 15. REMOVAL OF EQUIPMENT In case of termination of this Agreement before completion for any cause whatsoever, Contractor, if notified to do so by the City or its designee, shall promptly remove any part or all of Contractor's equipment and supplies from the property of the City. If the Contractor fails to comply with the City's order, the City shall have the right to remove such equipment and supplies at the expense of Contractor. ARTICLE 16. CONTRACT DOCUMENTS The Contract Documents shall consist of this Agreement, the Exhibits, the Request for Proposals No. 11-11-03, the Contractor's Response to the Request for Proposals No. 11- 11-03, the Payment and Performance Bond, the Drawings and Specifications, the CONSTRUCTION SERVICE CONTRACT NO. CI I 12-01 I Page 12 01'28 ~ ij " .:.. H.J City's Notice(s) to Proceed, Addenda to Request for Proposals No. 11-11-03" Contractor's Schedule of Value, approved written interpretations and clarifications, Field Directives, Construction Change Directives, any Change Orders issued thereto, and any modifications, duly issued after execution of the Agreement. Any modification to this Agreement shall only be effective if it is reduced to writing, and duly executed by both parties, except a Field Directive or Constructive Change Directive shall be effective after approval and execution by the City. The general intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Project by the Contractor. ARTICLE 17. SITE INVESTIGATION AND REPRESENTATION 17.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground and all other matters which can in any way affect the Work or the Contract Amount. 17.2 The Contractor further acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials to be encountered from evaluating information included in the Contract Documents. Any failure by the Contractor to acquaint itself with all the provided information will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. ARTICLE 18. OWNERSHIP AND USE OF DOCUMENTS The Drawings, Specifications and other documents prepared by the City or its designee, and copies thereof furnished to the Contractor, are for use solely with respect to this Agreement. They are not to be used by the Contractor, Sub-Contractors, and/or material suppliers on other projects, without the specific express written consent of the City. The Contractor, Sub-Contractors, and/or material suppliers are granted only a limited license to use and reproduce applicable portions of the Drawings, Specifications, and other documents prepared by the City or its designee, appropriate to and for use in the execution of their Work under this Agreement. ARTICLE 19. PLANS, SPECIFICATIONS AND WORKING DRAWINGS 19.1 The City or its designee shall have the right to modify the details of the Plans, Specifications, and Working Drawings with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. 19.2 Where the Contractor believes that the modification or supplement is outside the scope of the Work, the Contractor shall, within 72 hours, notify the City or its designee that the modification or supplement is outside the scope of the Work. At that time CONSTRUCTION SERVICE CONTRACT NO. Cl1 12-01 I Page 13 of 28 S II ~(; ',~J ,,,d _~ the modification or supplement may be rescinded or the Contractor may be required to submit a request for a Change Order proposal. Where the Contractor is notified of the City's position that the modification or supplement is within the scope and the Contractor disagrees, the Contractor shall notify the City or its designee that the Contractor reserves the right to make a claim for the time and monies based on the modification or supplement. At no time shall the Contractor refuse to comply with the modification or supplement. 19.3 When, in the opinion of the City or its designee, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by the City or its Designee. The supplementary drawings shall be binding upon Contractor with the same force as the Contract Documents. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 19.4 The City or its designee, as applicable, shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance. ARTICLE 20. CONTINUING THE WORK Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the City, including, without limitation, disputes or disagreements concerning a request for a Change Order, the Contract Amount, the Contract Time, or Time for Completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. All disputes shall be resolved in accordance with Article 37 pertaining to Mediation and Arbitration of Disputes. ARTICLE 21. AUTHORITY OF THE CITY AND ITS DESIGNEE 21.1 The City or its designee shall determine or answer, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and/or as to the interpretation of the Work to be performed. 21.2 The Contractor shall be bound by all determinations or orders of the City or its Designee and shall promptly respond to requests of the City or its Designee, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the City's or its designee's determination or requests. 21.3 The City's designee shall have authority to act on behalf of the City to the extent provided by the Agreement, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued through the City or its designee. CONSTRUCTION SERVICE CONTRACT NO. CI 112-01 I Page 14 of28 S. ,~ r() :10 21.4 The City or its designee shall have access to the Project Site during normal work hours, unless access is required by the City due to health, safety or welfare of the City or the public. The Contractor shall provide safe facilities for such access so the City or it designee may perform their functions under the Agreement. The City or its designee will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. 21.5 The City or its designee will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Constmction Work in accordance with the Agreement. 21.6 The City or its designee will have authority to reject Work that does not conform to the Contract Documents requirements. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper implementation of the Contract Documents, the City or its designee will have authority to require special inspections or testing of the Constmction Work, whether or not such Construction Work is fabricated, installed or completed. Neither the City's and/or its designee's authority to act under this Article, nor any decision made by him/her in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the City or its designee to the Contractor, any Sub-Contractor, supplier or any of their agents, employees, or any other person performing any of the Construction Work. 21. 7 The City or its designee will not be responsible for the acts or omissions of the Contractor, or anyone employed or contracted directly or indirectly by the Contractor including any Sub-Contractor, or any of their agents or employees, or any other persons performing any of the Work. ARTICLE 22. DEFECTIVE WORK 22.1 The City or its designee shall have the authority to reject or disapprove Work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective Work and replace it with non- defective Work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 22.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Payment and Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the Cure Period, the City may declare Contractor in default. CONSTRUCTION SERVICE CONTRACT NO. CI I 12-01 1 Page 1501'28 (' f.' n dlD 22.3 If, within one (I) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of the Contract Documents, any of the Constmction Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconfornling Construction Work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. 22.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. ARTICLE 23. CORRECTION OF WORK Where the City or its designee becomes aware of faults, defects or non-conformity in any of the Work provided under this Agreement or with the Work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non-confornling Work. ARTICLE 24. WARRANTY OF MATERIALS AND EQUIPMENT 24.1 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 24.2 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required by Florida law. The Contract Documents may supersede the manufacturer's standard warranty. CONSTRUCTION SERVICE CONTRACT NO. CI I 12-011 Page 1601'28 ~ ~ ~J ;) I t~) ARTICLE 25. CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS 25.1 Without invalidating the Agreement and without notice to any Surety, the City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be issued in writing in accordance with the requirements of this Agreement. 25.2 Any changes to the tenns of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any Work reflecting such change. This Article shall not prohibit the issuance of Change Orders executed only by the City or its designee as hereinafter provided. 25.3 Contractor shall increase or decrease the val ue of the Performance and Payment Bonds to reflect the Contract Amount, as it may be revised. ARTICLE 26. OSHA COMPLIANCE AND SAFETY PRECAUTIONS 26.1 The Contractor warrants that it will comply with all safety precautions as required by federal, state or local laws, rules, regulations and ordinances 26.2 Contractor warrants that it will adhere to the applicable environmental protection guidelines for the duration of the Project. If hazardous waste materials are used, detected or generated at any time, the City or its designee must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including, without limitation, OSHA, EPA, DERM, the City of Sunny Isles Beach, Miami-Dade County, State of Florida, and Florida Building Code) which bear on the performance of the Work. 26.3 I f an emergency condition should develop during the Project, the Contractor must immediately notify the City or its designee of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the City or its designee. ARTICLE 27. PRIORITY OF PROVISIONS 27.1 If there is a conflict or inconsistency between any term, statement requirement, or provision of any Exhibit or Attachment hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requircment, the specifications and plans, or provision of this Agreement the following order of precedence shall apply: CONSTRUCTION SERVICE CONTRACT NO. CI1 12-01 1 Page 1701'28 ~. j' n v Lj 27.2 In the event of conflicts in the Contract Documents the priorities stated below shall govern. . Revisions to the Contract Documents shall govern over the Contract Documents . No section of the Scope of Work, specifications or plans shall govern over the Contract Terms and Conditions . Scope of Work and Specifications shall govern over plans and drawings . The Construction Schedule Deadlines specified by the City in its Notice(s) to Proceed shall prevail over any inconsistent deadlines specified by the Contractor. 27.3 In the event of conflicts with the plans the priorities stated below shall govern: . Schedules, when identified as such shall govern over all other portions of the plans . Specific notes shall govern over all other notes, and all other portions of the plans, unless specifically stated otherwise . Larger scale drawings shall govern over smaller scale drawings . Figured or numerical dimensions shall govern over dimensions obtained by scaling . Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern 27.4 In the event omissions in the Contract Documents are not complete as to any incidental detail of construction or construction system or with regard to the manner of combining or installing equipment, parts, or materials, such detail shall be deemed to be an implied requirement of the Contract Documents. "Minor Detail" shall include the concept of substantially identical components, where the price of each such component is small. The quality and quantity of the equipment, material, or part so furnished shall confonn to trade standards and be compatible with the type, composition, strength, size and profile of thc equipment, materials or parts otherwise specified in the Contract Documents. ARTICLE 28. NOTICES Whenever either party desires to give written notice to the other, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice given in accordance with the provisions of this Article. Notice shall be deemed given on the date received or within 3 days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: CONSTRUCTION SERVICE CONTRACT NO. CI I 12-01 I "\ J '.',) Page 1801'28 t" '-' L) If to the City: Alan J. Cohen With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-170 I Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Contractor: Hamid Fouladi President Tenex Enterprises, Inc. 850 SW 14th Court Pompano Beach, Florida 33060 Tel: (954) 788-8100 ARTICLE 29. INDEMNIFICATION 29.1 Contractor shall indemnify, defend and hold harmless the City, its officers, agents, directors, and employees, from any and all claims, liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, and costs to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and/or persons employed or utilized by Contractor in the performance of this Agreement, excluding damage or injury that is caused by the City, its officers, agents, directors, or employees. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Contractor shall, upon written notice from the City or its designee, resist and defend such action or proceeding by counsel satisfactory to the City. 29.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by this Article, which may be brought against the City whether performed by Contractor, or persons employed or utilized by Contractor. 29.3 This indemnity will survive the cancellation or expiration of this Agreement. This indemnity will be interpreted under and construed to conform to the laws of the State of Florida. 29.4 Contractor shall require all Sub-Contractor agreements to include a provision that they will indemnify the City. CONSTRUCTION SERVICE CONTRACT NO. CI 1 12-01 I Page 1901'28 r\ " 'oO, ',,' ~,l ~..J 0utJ ARTICLE 30. INSURANCE REQUIREMENTS 30.1 Contractor shall not start Work undcr this Agreement until it has delivered to the City or its designee certificates of insurance clearly indicating that the Contractor is in compliance with the Insurance Requirements required under RFP No. 11-11-03. 30.2 Contractor shall maintain insurance coverage with equal or better rating as required herein for the term of this Agreement. Contractor shall provide written notice to the City Manager or its designee of any material change, cancellation and/or notice of non-renewal of the insurance at least 30 (thirty) days prior to the anticipated change or event. Contractor shall furnish a copy of the insurance policy or policies upon request of the City or its designee. 30.3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to the City or its designee within ten (10) days of written request. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnishcd at least thirty (30) days prior to the date of their expiration. 30.4 The City or its designee reserves the right to require modifications, increases, or changes in the Insurance Requirements, and shall provide a thirty (30) day written notice thereof to the Contractor. ARTICLE 31. PAYMENT AND PERFORMANCE BOND 31.1 Contractor shall not start Work under this Agreement until it has delivcred to the City or its designee a Performance Bond and a Payment Bond in accordance with the requirements under RFP No. 11-11-03. 31.2 Pursuant to the requirements of Section 255.05(l)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the Bond(s) are recorded in the public records of Miami-Dade County and provide the City or its designee with evidcnce of such recording. ARTICLE 32. THE CITY'S RIGHT TO TERMINATE 32.1 The City has the right to terminate this Agreement for any reason or no reason, upon thirty (30) days prior written notice to the Contractor stating the date upon which Contractor shall cease all Work under this Agreement and vacate the Project Site. Upon termination of this Agreement, all charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under this Agreement, whether finished or not, must be turned over to the City. The Contractor shall be paid in accordance with provisions of this Agreement, provided that said documentation is turned over to the City or its designee within twenty (20) days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments duc without recourse by Contractor until all documentation is delivered to the City. CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-01 I C' ',I D Page 20 of28 ;;) J LJ 32.2 If Contractor fails to comply with any tcrm or condition of this Agreement, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default which is not cured within the Cure Period, in addition to all remedies available to it by law, the City or its designee may immediately, upon written notice to Contractor, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The City or its designee may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of this Agreement under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. 32.3 In the event of termination due to default, in addition to the foregoing Contractor shall be liable for all costs and expenses incurred by the City in the re-procurement of the Work under this Agreement. In the event of Default, the City or its designee may also issue a Notice to Cure and suspend or withhold payments to Contractor until such time as the actions giving rise to default have been cured. 32.4 A finding of default and subsequent termination for cause may includc, without limitation, any of the following: 32.4.1 Contractor fails to obtain and deliver to the City or its designee the Insurance certificates, the Bonds, and the Permits in the manner and within the time herein required. 32.4.2 Contractor fails to comply with any of its duties under this Agreement, with any terms or conditions set forth in this Agreemcnt beyond the spccified period allowed to cure such default. 32.4.3 Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by this Agreement. 32.5 Except as otherwise provided for in this Agreement, the City or its designee shall provide Written Notice to Cure to Contractor as to a finding of default, and Contractor shall take all necessary action to Cure said default within the Cure Period. The City or its designee may extend the Cure Period at its sole discretion or terminate the Agreement upon failure of the Contractor to cure such default in the specified timeframe. ARTICLE 33. CONTRACTOR'S RIGHT TO TERMINATE 33.1 Subject to the provisions of Section 33.2 below, the Contractor may terminatc this Agreement if the Work is stopped for any of the reasons listed below for a period of 60 days through no act or fault of the Contractor, his agents, employees, or other persons performing any portion of the Work for the Contractor, or for the reason listed in section 33.1.3 below. CONSTRUCTION SERVICE CONTRACT NO. CI I 12-01 I Page 2101'28 ~ , :.f) ~,~ :j t). [; 33.1.1 Issuance of an Order of the Court or other Public Authority having jurisdiction; 33.1.2 An act of government which results in a cession of Work on this Agreement; 33.1.3 Failure of the City to pay the Contractor any properly presented and authorized payment within 30 days after approval and subsequent to an additional 30 days after notification from the Contractor in writing of such failure. 33.2 Contractor shall provide written notice of its intent to terminate to the City and the City shall have the right to cure the event giving rise to the right of termination within thirty (30) days after receipt of Contractor's notice. The Contractor may extend the City's cure period at its sole discretion or terminate the Agreement upon failure of the City to cure such event in the specified timeframe. In such event the Contractor shall be entitled to recover from the City any costs for work performed in accordance with the Agreement for which payment has not been made. Contractor agrees that this is its exclusive remedy for the City's default or for the occurrence of an event of termination and that the City shall not be liable to Contractor for any consequential or special damages. ARTICLE 34. UNDISCLOSED LOBBYIST OR AGENT - TERMINATION Contractor warrants that it has not employed or retained any company or person to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. The City or its designee shall have the right to terminate this Agreement, without giving Contractor the opportunity to Cure, in the event of a breach of this provision. ARTICLE 35. PUBLIC ENTITY CRIMES In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perfornl work as a contractor, supplier, subcontractor, or sub- consultant under a contract with the City, and may not transact any business with the City in excess of certain amounts provided in Section 287.017, Florida Statutes. Violation of this section by Contractor shall result in ternlination of this Agreement and may result in Contractor's debarment. CONSTRUCTION SERVICE CONTRACT NO. CI I 12-01 I Page 22 01'28 (' 'J 1;") V D ARTICLE 36. MATERIALITY AND WAIVER OF BREACH 36.1 The City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Agreement. 36.2 The City's or its designee's failure to enforce any provision of this Agreemcnt shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. ARTICLE 37. FORCE MAJEURE Should any party fail to perform its obligations under this Agreement due to a condition of force majeure, as that term is interpreted under Florida law, and specifically including but not limited to Acts of God, Hurricanes, Tropical Storms, fire, flood, earthquakes and the unavailability of materials, equipment or labor resulting from said events, then the time for perfornlancc of said obligation hereunder will be extended by a period rcasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under this Agreement due to a force majeure condition, the Contractor shall request a time extension from the City within three (3) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. Events of Force Majeure Do Not Include acts or omissions of Sub- Contractors. ARTICLE 38. MEDIATION AND ARBITRATION OF DISPUTES The merits of any dispute arising under, out of, in connection with, or in relation to this agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be deternlined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then obtaining of the American Arbitration Association. If the parties hereto are unable to agree upon the selection of an arbitrator, such arbitration shall be held before the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties hereto and a judgment thereon may be entered in the highest court of the State of Florida having jurisdiction. Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either party may give notice for a Mediation session before a Mediator appointed by mutual agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection of a mediator, such mediation shall be held before the American Arbitration Association. The Mediator shall make a recommendation to the parties in the form of a written mediated settlement agreement. Each party to the CONSTRUCTION SERVICE CONTRACT NO. CI1 12-011 Page 23 of28 f'" ~. '(') ;:, J \) dispute shall sign such agreement after receipt of the same or immediately file a demand for Arbitration, in which event the parties shall proceed to Arbitration in accordance with the previous paragraph. All costs of the Arbitration, including Mediation and the legal action to confirm and enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both parties shall be paid by the non-prevailing party, or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of Arbitration and Mediation as may be determined by the court on confirnlation. ARTICLE 39. APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami-Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of Contractor's duties to indemnify the City under this Agreement where Contractor shall pay the City's reasonable attorney's fees. ARTICLE 40. PERMITS AND LICENSES ("PERMITS") Except as otherwise provided within the Agreement, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Agreement shall be applied for, obtained and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. ARTICLE 41. AUDIT RIGHTS 41.1 Contractor's records which shall include but not be limited to accounting records, payroll time sheets, cancelled payroll checks, W -2's, 1099's, written policies and procedures, computer records, disks and software, videos, photographs, subcontract files, originals estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement (all the foregoing hereinafter referred to as "records") shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the City's agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Contractor or any of his payees pursuant to the execution of the Agreement. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this Agreement. CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-011 Page 24 01'28 n I 1:.'" ~ 1 () 41.2 Records subject to the provIsIOns of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise, for the purpose of such audits, inspections, examinations and evaluations, the City's agent or authorized representative shall have access to said records from the effective date of this Agreement, for the duration of the Work, and until 5 years after the date of final payment by the City to Contractor pursuant to this Agreement. 41.3 The City's agent or its authorized representative shall have access to the Contractor's facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this provision. The City or its authorized representative shall give auditees reasonable advance notice of intended audits. 41.4 If an audit inspection or examination in accordance with this Article discloses overcharges in excess of 1 % except negotiated fees by the Contractor to the City, the actual cost of the City's audit shall be paid by the Contractor. If the audit discloses contract billing or charges to which Contractor is not contractually entitled, Contractor shall pay over to the City said sum within twenty (20) days of receipt of a written demand unless otherwise agreed to by both parties in writing. ARTICLE 42. COMPLIANCE WITH LA WS, NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND ADA ACT 42.1 Contractor shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement, including specifically, but without limitation, where applicable, the Contract Work Hours and Safety-Standards Act, the Lead-Based Paint Poisoning Prevention Act and any other laws, ordinances and regulations made applicable to this Agreement by the Contract Documents or the source of funds. 42.2 Contractor warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractors performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his /her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 42.3 Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-011 Page 25 01'28 rq T; ~.;- !1 ('~l t.J , f<-" ARTICLE 43. INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor or on Contractor's behalf pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. Contractor further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Contractor, or for any employee, or entity working for the Contractor rendering services to the City under this Agreement. This Agreement shall not constitute or make the parties a partnership or joint venture. ARTICLE 44. SUCCESSORS AND ASSIGNS 44.1 The performance of this Agreement shall not be transferred, pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the express written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. 44.2 The Contractor's services are unique in nature and any transference without City approval shall be cause for the City to nullify this Agreement. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. ARTICLE 45. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days written notice. ARTICLE 46. JOINT PREPARATION-INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-011 Page 26 of28 n. n r~, '",' I." U j ,) requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, article, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section or Article, unless the reference is made to a particular subsection or subparagraph of such section or article. ARTICLE 47. AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City and Contractor. ARTICLE 48. SEVERABILITY In the event the any provision of this Agreement is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Agreement, and the remainder of this Agreement shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate this Agreement in its entirety. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. ARTICLE 49. ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement. [Remainder of page intentionally left blank] CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-01 I Page 27 of28 n ::. r; "" s ,".'. 't.J r f~'" IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. TENEX ENTERPRISES, INC. Print (. "'-- '^'. \ B . ',- Hamid Fouladi, President WITNESSES #2: ~------:> .-:: ---- Signature 1'/ /7},A /ry. f tf D:J. Print Name ATTEST: CITY OF SUNNY ISLES BEACH BY: C ~ ~ ~l~w Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU CIENCY B CONSTRUCTION SERVICE CONTRACT NO. CI 1 12-01 I Page 28 01'28 S' ~ :;") . It) . , PROPOSAL COLLINS AVENUE STREETSCAPE ( WESTSIDEl CITY OF SUNNY ISLES BEACH V. Westside Collins Ave Sidewalk From 158 to 159 St Item# Description Qty Unit Unit Price Amount 45 Concrete Sidewalk Demolition/Hauling 488.0 SY $ 6.00 $ 2.928.00 46 Concrete Paver Sidewalk on Sand 4,400.0 SF $ 4.75 $ 20,900.00 47 Concrete Paver Sidewalk on Concrete 490.0 SF $ 6.00 $ 2,940.00 4B Concrete Color Patch & Concrete Restoration 1.0 LS $ 4,000.00 $ 4,000.00 49 Mobilization 1.0 LS $ 8,700.00 $ 8,700.00 50 Maintenance of Traffic 1.0 LS $ 7,800.00 $ 7,800.00 51 Police Officer 30.0 HR $ 48.00 $ 1,440.00 52 Clearing & Grubbing 1.0 LS $ 2,500.00 $ 2,500.00 53 Base Optional 300.0 SY $ 8.00 $ 2,400.00 54 Valve Box Adjust 6.0 EA $ 250.00 $ 1,500.00 55 Curb & Gutter Type F 50.0 LF $ 25.00 $ 1,250.00 $ 56,358.00 VI. Westside Collins Ave Sidewalk From 159 - Poinciana Item # Description Qty Unit Unit Price Amount 56 Concrete Sidewalk Demolilion/Hauling 604.0 SY $ 6.00 $ 3.624.00 57 Concrete Paver Sidewalk on Sand 4.900.0 SF $ 4.75 $ 23,275.00 58 Concrete Paver Sidewalk on Concrete 590.0 SF $ 6.00 $ 3.540.00 59 Concrete Color Patch & Concrete Restoration 1.0 LS $ 4,000.00 $ 4.000.00 60 Mobilization 1.0 LS $ 9,700.00 $ 9.700.00 61 Maintenance of Traffic 1.0 LS $ 7,600.00 $ 7,600.00 62 Police Officer 30.0 HR $ 48.00 $ 1,440.00 63 Clearing & Grubbing 1.0 LS $ 2,500.00 $ 2,500.00 64 Base Optional 490.0 SY $ 8.00 $ 3,920.00 65 Valve Box Adjust 6.0 EA $ 250.00 $ 1,500.00 66 Curb & Gutter Type F 50.0 LF $ 25.00 $ 1,250.00 $ 62,349.00 VII. Westside Collins Ave Sidewalk From Poinciana - ATLANTIC ISLE Item # Description Qty Unit Unit Price Amount 67 Concrete Sidewalk Demolition/Hauling 500.0 SY $ 6.00 $ 3,000.00 68 Concrete Paver Sidewalk on Sand 4,504.0 SF $ 4.75 $ 21.394.00 69 Concrete Paver Sidewalk on Concrete 590.0 SF $ 6.00 $ 3,540.00 70 Concrete Color Patch & Concrete Restoration 1.0 LS $ 4,000.00 $ 4,000.00 71 Mobilization 1.0 LS $ 8,700.00 $ 8,700.00 72 Maintenance of Traffic 1.0 LS $ 7,800.00 $ 7,800.00 73 Police Officer 30.0 HR $ 48.00 $ 1,440.00 74 Clearing & Grubbing 1.0 LS $ 2.500.00 $ 2,500.00 75 Base Optional 460.0 SY $ 8.00 $ 3,680.00 76 Valve Box Adjust 6.0 EA $ 250.00 $ 1,500.00 77 Curb & Gutter Type F 50.0 LF $ 25.00 $ 1,250.00 $ 58,804.00 Page 1 of4 EXHIBIT "A" ......\ .".. ~ ,(\ ";) \ ,,' PROPOSAL COLLINS AVENUE STREETSCAPE (WESTSIDE) CITY OF SUNNY ISLES BEACH III. Westside Collins Ave Sidewalk From 188 St to 186 St Item # Description Qty Unit Unit Price Amount 23 Concrete Sidewalk Demolition/Hauling 358.0 SY $ 6.00 $ 2,148.00 24 Concrele Paver Sidewalk on Sand 2,900.0 SF $ 4.75 $ 13.775.00 25 Concrete Paver Sidewalk on Concrete 450.0 SF $ 6.00 $ 2.700.00 26 Concrete Color Patch & Concrete Restoration 1.0 LS $ 4,000.00 $ 4,000.00 27 Mobilization 1.0 LS $ 7.800.00 $ 7,800.00 28 Maintenance of Traffic 1.0 LS $ 6.800.00 $ 6,800.00 29 Police Officer 30.0 HR $ 48.00 $ 1,440.00 30 Clearing & Grubbin9 1.0 LS $ 2,500.00 $ 2,500.00 31 Base Optional 300.0 SY $ 8.00 $ 2,400.00 32 Valve Box Adjust 6.0 EA $ 250.00 $ 1,500.00 33 Curb & Gutter Type F 50.0 LF $ 25.00 $ 1,250.00 $ 46,313.00 II. Westside Collins Ave Sidewalk From 186 St to 185 St Item# Description Qty Unit Unit Price Amount 12 Concrete Sidewalk Demolition/Hauling 350.0 SY $ 6.00 $ 2.100.00 13 Concrete Paver Sidewalk on Sand 2,850.0 SF $ 4.75 $ 13,537.50 14 Concrete Paver Sidewalk on Concrete 400.0 SF $ 6.00 $ 2,400.00 15 Concrete Color Patch & Concrete Restoration 1.0 LS $ 4.800.00 $ 4,800.00 16 Mobilization 1.0 LS $ 7,800.00 $ 7.800.00 17 Maintenance of Traffic 1.0 LS $ 6,800.00 $ 6,800.00 18 Police Officer 30.0 HR $ 48.00 $ 1,440.00 19 Clearing & Grubbin9 1.0 LS $ 2.500.00 $ 2,500.00 20 Base Optional 310.0 SY $ 8.00 $ 2,480.00 21 Valve Box Adjust 6.0 EA $ 250.00 $ 1,500.00 22 Curb & Gutter Type F 150.0 LF $ 25.00 $ 3,750.00 $ 49,107.50 I. Wests ide Collins Ave Sidewalk From 185 St to 183 St Item # Description Qty Unit Unit Price Amount 1 Concrete Sidewalk Demolition/Haulin9 484.0 SY $ 6.00 $ 2,904.00 2 Concrete Paver Sidewalk on Sand 3,950.0 SF $ 4.75 $ 18,762.50 3 Concrete Paver Sidewalk on Concrete 500.0 SF $ 6.00 $ 3,000.00 4 Concrete Color Patch & Concrete Restoration 1.0 LS $ 4,800.00 $ 4,800.00 5 Mobilization 1.0 LS $ 8.900.00 $ 8.900.00 6 Maintenance of Traffic 1.0 LS $ 6.600.00 $ 6,600.00 7 Police Officer 30.0 HR $ 48.00 $ 1,440.00 8 Clearing & Grubbing 1.0 LS $ 2,500.00 $ 2.500.00 9 Base Optional 410.0 SY $ 8.00 $ 3,280.00 10 Water or Electrical Boxes Adjust or Replacement 6.0 EA $ 250.00 $ 1,500.00 11 Curb & Gutter Type F 50.0 LF $ 25.00 $ 1.250.00 $ 54,936.50 Page 2 of4 ", .<"0 \ T') ";). '- PROPOSAL COLLINS AVENUE STREETSCAPE ( WESTSIDEl CITY OF SUNNY ISLES BEACH X. Westside Collins Ave Sidewalk From 178 Terr. to 175 Item # Description Qty Unit Unit Price Amount 103 Concrete Sidewalk Demolition/Hauling 936,0 SY $ 6.00 $ 5,616.00 104 Concrete Paver Sidewalk on Sand 7,908.0 SF $ 4.75 $ 37.563,00 105 Concrete Paver Sidewalk on Concrete 900.0 SF $ 6.00 $ 5.400.00 106 Concrete C%r Patch & Concrete Restoration 1.0 LS $ 4,000.00 $ 4,000,00 107 Mobilization 1.0 LS $ 7,800.00 $ 7.800.00 108 Maintenance of Traffic 1.0 LS $ 6,700.00 $ 6,700.00 109 Police Officer 30,0 HR $ 48.00 $ 1,440.00 110 Clearing & Grubbing 1.0 LS $ 2,500.00 $ 2,500.00 111 Base Optional 760.0 SY $ 8.00 $ 6.080.00 112 Valve Box Adjust 6.0 EA $ 250.00 $ 1,500.00 113 Curb & Gutter Type F 50.0 LF $ 25.00 $ 1.250.00 $ 79,849.00 IX. Westside Collins Ave Sidewalk From 175 to 174 Terr. Item # Description Qty Unit Unit Price Amount 92 Concrete Sidewalk Demolition/Haulin9 223.0 SY $ 6.00 $ 1,338.00 93 Concrete Paver Sidewalk on Sand 1,688.0 SF $ 4.75 $ 8,018,00 94 Concrete Paver Sidewalk on Concrete 390.0 SF $ 6.00 $ 2,340.00 95 Concrete Color Patch & Concrete Restoration 1.0 LS $ 4,000.00 $ 4,000.00 96 Mobilization 1.0 LS $ 7.800.00 $ 7.800.00 97 Maintenance ofT raffie 1.0 LS $ 6,700.00 $ 6,700.00 98 Police Officer 30.0 HR $ 48,00 $ 1,440.00 99 Clearing & Grubbing 1.0 LS $ 2,500,00 $ 2,500.00 100 Base Optional 200,0 SY $ 8.00 $ 1.600.00 101 Valve Box Adjust 6.0 EA $ 250.00 $ 1,500.00 102 Curb & Gutter Type F 50.0 LF $ 25.00 $ 1,250,00 $ 38,486.00 VIII. Westside Collins Ave Sidewalk From 172 to 174 Item # Description Qty Unit Unit Price Amount 78 Concrete Sidewalk Demolition/Hauling 716.0 SY $ 6.00 $ 4,296,00 79 Concrete Paver Sidewalk on Sand 5,600,0 SF $ 4.75 $ 26,600.00 80 Concrete Paver Sidewalk on Concrete 430.0 SF $ 6.00 $ 2,580.00 81 Park Entrance: Concrete Sidewalk Demolition/Haulin9 350.0 SY $ 6.00 $ 2,100.00 82 Park Entrance: Concrete Paver Sidewalk on Sand 350.0 SF $ 4.75 $ 1,662.50 83 Park Entrance: Concrete Paver Sidewalk on Concrete 500.0 SF $ 6.00 $ 3,000.00 Park Entrance: Concrete Color Patch & Concrete Restoration 84 (Pattern to be determined) 1.0 LS $ 4,000.00 $ 4,000.00 85 Mobilization 1.0 LS $ 7,800.00 $ 7,800.00 86 Maintenance of Traffic 1.0 LS $ 6.800.00 $ 6.800.00 87 Police Officer 30,0 HR $ 48.00 $ 1,440.00 88 Clearin9 & Grubbing 1.0 LS $ 2.500.00 $ 2.500.00 Page 3 of 4 ,'j <'" ~ 'n ~\ '- PROPOSAL COLLINS AVENUE STREETSCAPE ( WESTSIDE) CITY OF SUNNY ISLES BEACH 89 Base Dptional 410.0 SY $ 8.00 $ 3,280.00 90 Valve Box Adjust 6.0 EA $ 250.00 $ 1,500.00 91 Curb & Gutter Type F 80.0 LF $ 25.00 $ 2,000.00 $ 69,558.50 1 Concrete Color Patch & Concrete Restoration 1.0 LS $ 9,000.00 $ 9,000.00 2 Mobilization 1.0 LS $ 3.600.00 $ 3,600.00 3 Maintenance of Traffic 1.0 LS $ 3,600.00 $ 3.600.00 $ 16,200.00 1 Payment and proformanee bond 1 Is $ 14,200.00 $ 14,200.00 Page 4 of 4 PROJECT TOTAL $ 546,161.50 C~~\\ ;,;\" Stage 1 2 3 4 5 6 7 8 9 10 PROPOSAL SCHEDULE COLLINS AVENUE STREETSCAPE ( WESTSIDE) CITY OF SUNNY ISLES BEACH Descriotion Pre-Construction (FOOT Permit, Etc) Wests ide Collins Ave Sidewalk From IS8 to 159 St Wests ide Collins Ave Sidewalk From IS9 - Poinciana Wests ide Collins Ave Sidewalk From Poinciana - ATLANTIC ISLE Westside Collins Ave Sidewalk From 188 St to 186 St Westslde Collins Ave Sidewalk From 186 St to 18S St Westslde Collins Ave Sidewalk From 18S St to 183 St Westslde Collins Ave Sidewalk From 178 Terr. to 17S Westslde Collins Ave Sidewalk From 17S to 174 Terr. Westside Collins Ave Sidewalk From 172 to 174 Page 1 of 1 Date Soan JAN 20 - FEB 20 FEB 21 - MAR 12 MAR 13 - APR 2 APR 3 - APR 23 APR 24 - MAY 15 MAY 16. JUN 06 JUN 07 - JULY 08 JULY09-JULY30 JUL 31 - AUG 21 AUG 22 - SEPT 30 Duration (Davs) 32 21 21 21 22 22 32 22 22 40 PROJECT TOTAL DAYS 255 EXHIBIT "B" \; J 1''' o /.4 .J ~ . I , .1 ! . o r . . ill ~ .l r . ~ ! c I ~ . ! . I i[~~~~~~*~ < < ~O>, n ~ ;:;: o. ~ 0 !; O"-~-~&if"~ " ~1<1 [ ~ ;, ~ ,,} So 8'O'fl~Il~.Q. "...." 5l.6:." <>-G'l .... ~ "tI ~ ;0 ;:; Ii ~ 3' g: ~ ~ ;; a ~ . 0 c q l , . I ~ o ~ , ..o~ ~ ~j> ~ ~ ~)> >"~ "o~ ,vg!~:gg~~~ _ ~ ~ ~, 0 [ ;:;: 0 ~ 0 ~ ~ ~2:!a:.!o;:ig,if~~ E' ;1 ~ i "" i: "..;: 50. g- -: Q I:l II '" ~ I/O "~i~~~~ifG) ~~~~ i !:Z"tI!!: i <ll ~t ~ .. ~ 0 ~ [ . 1 o ~ ~ > "I> - 0 - I:i 3 ~ 0, 0 ij ~ '"I ~ ~l ~ .., > 0 .1f\!a 'a.. ., ~!:i ~ '" 0 . ' ~ ~ ~ . < 0 ~ [ ~ ;l) i .l ~ > ] ~ I ., :.';:!:::!::!: >oe o~ "0"' o~ 88~~~'~' ~ i;:;: ~~ 1J!; or :i g 11 !!:, ~ g l:l' !!!.;: ~ S- 0" CIli!:' l>> a ~ ~ g. 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[ n !' ~ 0 I!. ~ ~ ~ r o o l~ h , < < ~ . ! o . . , < .. 9 ~ ? " 9 ...........P j ~. . - .. ~ ............... . ;; I\, I. i V a Preview Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Giovanni Batista, Public Works Director DATE: 1/19/2012 RE: Approval of award of contract with Tenex Enterprises, Inc. for RFP 11-11 -03 Collins Avenue Sidewalk Pavers RECOMMENDATION: Staff recommends that the Commission approve the award of RFP 11-11-03 for the Collins Avenue (west side) Sidewalk Paver installation to Tenex Enterprises, Inc. in an amount not to exceed $546,161.50 plus a $750,000,00 contingency for landscaping and related work. REASONS: City staff issued RFP 11-11-03 for Collins Avenue Sidewalk Paver installation on November 11, 2011. Bids were received and on December 16, 2011 a transmittal was sent to the three (3) participating vendors indicating that all bids were rejected. The three vendors are listed below: 1. H.A. Contracting Corp. - (total bid: $693,097.00) - Rejected based on City Code 62-10 (B) 2. Sanchez Arango Construction Co. - Non-responsive 3. Williams Paving Co. - Non-responsive Subsequently, City staff negotiated a proposal with Tenex Enterprises, Inc. (Tenex). Tenex is the original general contracting firm that installed the first phase of decorative pavers along Collins A venue. The proposal negotiated for the installation of pavers along Collins Avenue (west side) is inclusive of all the requirements incorporated into the RFP 11-11-03 for a total of$546,161.50. A contingency in an amount not to exceed $750,000.00 has been included for the purpose of allowing the contractor to provide landscaping services inclusive of the installation of Agenda Item I 0 ~ http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=682&MeetingII I 10 I-? Date ~_ Preview Page 2 of2 approximately 70 date palms, an irrigation system to support the new landscaping, electrical connections for irrigation, and other tasks necessary to ensure a complete landscaping installation as acceptable to the City. FUNDING SOURCE: Funding of $450,000 is currently available in account number 20-600-5621. Upon Commission Approval of the Budget Amendments, the total funding of the project will be available in account number 20-600-5621. ATTACHMENTS: . Resolution . Agreement http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=682&MeetingID=0&MeetingDate... 1/1212012