Reso 2010-1573 - Laserfiche WebLink

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\ltlNY ISl. !I:J!, SECOND AMENDMENT TO CITY OF SUNNY ISLES BEACH ~<:::~~:>" AND TENEX ENTERPRISES~ INC. AGREEMENT FOR SR AlA/COLLINS AVENUE AT 183RD STREET STREETSCAPE IMPROVEMENTS PROJECT CONTRACT NO. C0910-044 THIS SECOND AMENDMENT TO THE TENEX ENTERPRISES, INC., AGREEMENT FOR SR AlA/COLLINS A ,YENUE AT 183RD STREET STREETS CAPE IMPROVEMENTS PROJECT, executed this 11- day of ~\JrJ.6 , 2010, is attached hereto and made a part of the Original Agreement between the parties and approved via Resolution No. 2009-1495, between the City of Sunny Isles Beach ("City") and Tenex Enterprises, Inc. ("Contractor") a business corporation licensed in the State of Florida, whose Federal Identification # is S z.. 2-0(0 q ~ I q . The City and Contractor hereby agree as follows: 1. ADDITIONAL SCOPE OF WORK: The City wishes to add to the original Agreement with the Contractor for the SR AlA/Collins Avenue at 183rd Street Streetscape Improvements Project to include brick paver installation from 172nd Street south on Collins Avenue to approximately 300 feet north of Atlantic Isles Boulevard ("Services"), as more fully described in Attachment "A", attached hereto and made a part hereof. 2. COST: The Contractor agrees to charge an amount not to exceed One Hundred Twenty-One Thousand Seven Hundred Thirty-Two Dollars and Fifty Cents ($121,732.50) for said Services, which, when combined with change orders 1 and 2 totaling $75,668.75 approved via Resolution No. 2010-1557, brings the total amount not to exceed to Six Hundred Eighty-Five Thousand Thirty-Five Dollars and Twenty-Five Cents ($685,035.25). 3. TERM: The Second Amendment shall be effective upon execution by the City. 4. DATE OF COMPLETION: Contractor agrees to complete the services described herein within forty-five (45) days of Notice to Proceed. 5. LIQUIDATED DAMAGES: The Services described in the scope of work shall be completed no later than forty-five (45) days from the date of Notice to Proceed. Upon failure of Contractor to achieve completion of the Services by the Date of Completion, plus approved time extensions (if applicable), the Contractor shall pay to the City the sum of Five Hundred Dollars ($500.00) for each calendar day after the Date of Completion. This amount is not a penalty but rather represents liquidated damages for the City's inability to obtain beneficial use of the affected sidewalk areas. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desire to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Services on time. 6. EARL Y COMPLETION INCENTIVE: In the event the Services are completed prior to the Date of Completion, then the Contractor shall be entitled to payment from the City in the sum of Five Hundred Dollars ($500.00) for each calendar day the Services are complete prior to the Date of Completion, less any offsets the City may be entitled to in accordance with the contract documents. I SIB C0910-044 SECOND AMENDMENT TO THE TENEX ENTERPRISES, INC. STREETSCAPE AGREEMENT