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Home My WebLink AboutReso 2013-2084 RESOLUTION NO. 2013 - 201q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH LUKES-SAWGRASS LANDSCAPING, INC. FOR CITYWIDE LANDSCAPING SERVICES, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED EIGHTY-TWO THOUSAND DOLLARS ($682,009.00) FOR A ONE- YEAR PERIOD, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 21, 2012 via Resolution No. 2012-1953 the City Commission awarded RFP No. 12-05-01 and entered into an Agreement with Lukes-Sawgrass Landscaping,Inc.to provide Citywide Landscape Maintenance Services, in an amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00) for a one year period with four (4) one-year renewal options; and WHEREAS, on February 21; 2013 via Resolution No. 2013-2032 the City Commission approved the First Amendment to Agreement with Lukes-Sawgrass Landscaping, Inc. to provide additional landscaping services throughout the City, in an amount not to exceed Four Hundred Thousand Dollars($400,000.00),attached hereto as Exhibit"A", bringing the total contract amount not to exceed to One Million Fifty Thousand Dollars ($1,050,000.00); and WHEREAS, the City being satisfied with the landscaping maintenance services of Lukes- Sawgrass Landscaping, Inc. and who has expressed its ability and desire to provide these services, desires to renew their Agreement for a one-year period; and WHEREAS,the City Commission wishes to approve the Second Amendment to Agreement with Lukes-Sawgrass Landscaping, Inc.to provide Citywide Landscaping Services,in an amount not to exceed Six Hundred Eighty-Two Thousand Nine Dollars ($682,009.00) for a one-year period, attached hereto as Exhibit "A", bringing the total contract amount not to exceed to One Million Seven Hundred Thirty-Two Thousand Nine Dollars ($1,732,009.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Second Amendment to Agreement. The City Commission hereby approves the Second Amendment to Agreement with Lukes-Sawgrass Landscaping, Inc.to provide Citywide Landscaping Services, in an amount not to exceed Six Hundred Eighty-Two Thousand Nine Dollars ($682,009.00) for a one-year period, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment. R2013-Lukes-Sawgrass Landscape 2nd Amd to Agmt Page I of 2 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. The Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED on this 18t1i day of July 2013. di,(071,J4fdiA . Orman S. Edelcup, Mayor C.,' 0. • • `ATTEST: , , ®\• ".1 Jane&. Hines, C1VIC, City Clerk (; t APPROVED AS TO FORM AND I ; UFFICIENCY: jA Alig H. fri'tinot, City Attorney Moved by: `_e 4 \-l0‘..1-- Seconded by: i GIP(V Tp Vote: 5-0 Mayor Edelcup V/ (Yes) (No) Vice Mayor Aelion 1.7(Yes) (No) Commissioner Gatto _L,/Yes) (No) Commissioner Levin (/(Yes) (No) Commissioner Scholl j/(Yes) (No) R2013-Lukes-Sawgrass Landscape 2nd Amd to Aumt Page 2 of 2 Z.- -1 ,H`!Y SECOND AMENDMENT TO THE AGREEMENT BETWEEN _ 4; i THE CITY OF SUNNY ISLES BEACH AND LUK.ES'LANDSCAPING, INC., d/b/a/LUKES-SAWGRASS LANDSCAPE, INC. CONTRACT NO. C1213-040 THIS SECOND AMENDMENT to the Agreement between the City of Sunny Isles Beach and Lukes' Landscaping, Inc., d/b/a/ Lukes-Sawgrass Landscape, Inc., executed this I bv day of July, 2013, is made a part of the original Agreement between the parties dated August 21, 2012, ("the Agreement") between the City of Sunny Isles Beach ("City") and Lukes' Landscapin 7 Inc. ("Contractor") attached hereto as Attachment "B". whose Federal Identification # is Si. (S i7- . The City and • Contractor hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. The scope of Services, as set forth in Section 2 of the original Agreement, is hereby amended to include additional landscaping services throughout the City ("Additional Services"), as more particularly set forth in Attachment "A", attached hereto and incorporated herein by reference. 2. ADDITIONAL COMPENSATION. The payments to the Contractor, as set forth in Section of the original Agreement, is hereby amended to include additional compensation for the Additional Services, in an amount not to exceed Six Hundred Eighty Two Thousand and Nine Dollars ($682,009.00), bringing the total contact amount not to exceed One Million Seven Hundred Thirty-Two Thousand and Nine Dollars($1,732,009.00). • 3. OPTION TO RENEW: The City hereby exercises its second optional one (1) year renewal term, from the date of approval of this Amendment by the City Commission in accordance with Section '4 of the original Agreement. 4. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated August 21, 2012, shall remain in full force and effect. • 5. CONFLICTING PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to • herein, or any document incorporated into this Second Amendment, the Agreement, or the First Amendment thereto, the term, statement, requirement, or• provision contained in this Second Amendment, the Agreement, or the First Amendment thereto, shall prevail and be given effect over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment"A" attached hereto. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date • mentioned above. WITNESS: LUKES' LANDSCAPING, INC., d/b/a/ LUKES-SAWGRASS LANDSCAPE, INC. Signature BY: CA. . D..: • - 13es,DOvq Signature and Title Print Name CITY OF SUNNY IS • .S BEACH ,��1�n! G C• •N man S. Edelcu.. Mayor /�� I • t • ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY . . .• — , 4 • . 111, BY /AI, mr- • ir fane A. I ines, C 1C, City Clerk tt not, City Attorney .• • f 1 • f 1 , t Ste" s PROPOSAL DATE PROPOSAL# F9 y J ) r _� +�� `y 6/27/2013 0613000 an caa,- •Ili : l �ll, ':\ yakt 2711 SW 36th Street,Dania Beach,FL 33312 PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn @lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL WEEKLY GROUNDS MAINTENANCE SERVICE- RIGHT-OF-WAYS-As per Resolution 2012-1953 SECTION F - RIGHTS-OF-WAY: Collins Avenue weekly maintenance as per contract line 15, item Fl and resolution 52 1,200.00 62,400.00 2012-1953 Sunny Isles Boulevard weekly maintenance as per contract line 16, item F2 and 52 700.00 36,400.00 resolution 2012-1953 Lehman Causeway weekly maintenance as per contract line 17, item F3 and resolution 52 400.00 20,800.00 2012-1953 174th Street(including medians)weekly maintenance as per contract line 18, item F4 52 250.00 13,000.00 and resolution 2012-1953 158th Street Entrance weekly maintenance as per contract line 19, item F5 and 52 50.00 2,600.00 resolution 2012-1953 159th Street weekly maintenance as per contract line 20, item F6 and resolution 52 120.00 6,240.00 2012-1953 Atlantic Isles weekly maintenance as per contract line 21, item F7 and resolution 52 100.00 5,200.00 2012-1953 North Bay Road weekly maintenance as per contract line 22, item F8 and resolution 52 120.00 6,240.00 2012-1953 172nd Street weekly maintenance as per contract line 23, item F9 and resolution 52 100.00 5,200.00 2012-1953 175th Terrace weekly maintenance line 24, item F10 and resolution 2012-1953 52 20.00 1,040.00 North Bay Road(northern section)weekly maintenance as per contract line 25,item 52 100.00 5,200.00 F l l and resolution 2012-1953 Atlantic Boulevard(southern section)weekly maintenance as per contract line 26, 52 200.00 10,400.00 item F12 and resolution 2012-1953 177th Drive weekly maintenance as per contract line 27,item Fl3 and resolution 52 20.00 1,040.00 2012-1953 Church Street weekly maintenance as per contract line 28, item F14 and resolution 52 30.00 1,560.00 2012-1953 IF APPROVED,PLEASE SIGN: Void after 90 days —®_ AL INSTALLED AND Attachment "A" S b APPROVED • - 17„ SAS, . ` '` J DATE PROPOSAL# (+ rev ( r 4it✓ 1 To1\ l-° -h_.,.,...:.,:....._ .. _ ._ ,.._=, . __, '' "- s 6/27/2013 0613000 2711 SW 36th Street,Dania Beach,FL 33312 PHONE: 954-431-1111.FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER Iyn @lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL 178th Drive weekly maintenance as per contract line 29, item F15 and resolution 52 30.00 1,560.00 2012-1953 179th Drive weekly service as per contract line 30, item F16 and resolution 52 30.00 1,560.00 2012-1953 180th Drive weekly service as per contract line 31, item F17 and resolution 52 30.00 1,560.00 2012-1953 181st Drive weekly service as per contract line 32, item F18 and resolution 52 30.00 1,560.00 2012-1953 182nd Drive weekly maintenance as per contract line 33, item F19 and resolution 52 30.00 1,560.00 2012-1953 183rd Street weekly maintenance as per contract line 34, item F20 and resolution 52 30.00 1,560.00 2012-1953 185th Street weekly maintenance as per contract line 35, item F21 and resolution 52 30.00 1,560.00 2012-1953 Atlantic Boulevard(northern section)weekly maintenance as per contract line 36, item 52 50.00 2,600.00 F22 and resolution 2012-1953 186th Street weekly maintenance as per contract line 37, item F23 and resolution 52 30.00 1,560.00 2012-1953 187th Street weekly maintenance as per contract line 38, item F24 and resolution 52 30.00 1,560.00 2012-1953 188th Street weekly maintenance as per contract line 39, item F25 and resolution 52 30.00 1,560.00 2012-1953 . 189th Street weekly maintenance as per contract line 40, item F26 and resolution 52 30.00 1,560.00 2012-1953 189th Terrace weekly maintenance as per contract line 41,item F27 and resolution 52 30.00 1,560.00 2012-1953 190th Street weekly maintenance as per contract line 42, item F28 and resolution 52 40.00 2,080.00 2012-1953 • 191st Street weekly maintenance as per contract line 43, item F29 and resolution 52 40.00 2,080.00 2012-1953 IF APPROVED,PLEASE SIGN: Void after 90 days Page 2. TOTAL INSTALLED AND S 1 APPROVED PROPOSAL �1 ' i' DATE PROPOSAL# '`• 6/27/2013 0613000 2711 SW 36th Street,Dania Beach,FL 33312 PHONE: 954-431-1111 FAX: 954-433-11-11 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson • EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn @lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL 191st Terrace weekly maintenance as per contract line 44, item F30 and resolution 52 40.00 2,080.00 2012-1953 Daily litter pickup for lines Fl - F30(7 days a week)-as per contract line 45 52 0.00 0.00 SUBTOTAL SECTION F - RIGHT-OF-WAYS: 204,880.00 SECTION G- BEACH AND BEACH ACCESS PATHS: Future location of the Regalia(7 days a week litter pickup only)as per contract line 52 30.00 1,560.00 46, item G2 and resolution 2012-1953 Oceans I(7 days a week litter pickup only)as per contract line 47, item G3 and 52 30.00 1,560.00 resolution 2012-1953 Ellen Wynne(7 days a week litter pickup and maintenance 1 day a week)as per 52 125.00 6,500.00 contract line 48, item G4 and resolution 2012-1953 William "Bill" Lone(7 days a week litter pickup only)as per contract line 49, item 05 52 30.00 1,560.00 and resolution 2012-1953 Cecile Sippin(7 days a week litter pickup only)as per contract line 50, item G6 52 30.00 1,560.00 Varadero IV,Le Meridien(7 days a week litter pickup only)as per contract line 51, 52 30.00 1,560.00 item G7/8 and resolution 2012-1953 Millennium(7 days a week litter pickup only)as per contract•line 52, item G9 and 52 30.00 1,560.00 resolution 2012-1953 Trump(7 days a week litter pickup only)as per contract line 53, item G10 and 52 30.00 1,560.00 resolution 2012-1953 Walter Bresslour(7 days a week litter pickup only)as per contract line 54, item G 1 1 52 • 30.00 1,560.00 and resolution 2012-1953 Pinnacle(7 days a week litter pickup only)as per contract line 55, item G12 and 52 30.00 1,560.00 resolution 2012-1953 - • Florida Ocean Club(7 days a week litter pickup only)as per contract line 56, item 52 30.00 1,560.00 G13 and resolution 2012-1953 Ocean IV(7 days a week litter pickup only)as per contract line 57, item G14 and 52 30.00 , 1,560.00 resolution 2012-1953 Future location of Jade on the Beach(7 days a week litter pickup only)as per contract 52 30.00 1,560.00 line 58, item 015 and resolution 2012-1953 IF APPROVED,PLEASE SIGN: Void after 90 days Page 3 TOTAL c INSTALLED AND APPROVED PROPOSAL "� t' DATE PROPOSAL# PIECJ 6/27/2013 0613000 2711 SW 36th Street,Dania Beach,FL 33312 PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn@lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget • 130000166001 DESCRIPTION 0TY COST . TOTAL Future location of Paramount Beach(7 days a week litter pickup only)as per contract 52 30.00 1,560.00 line 59, item G16 and resolution 2012-1953 Pier Park(See E8)as per contract line 60, item G17 and resolution 2012-1953 52 50.00 2,600.00 Oceania,future location of Sayan(7 days a week litter pickup only)as per contract 52 30.00 1,560.00 line 61, items G18/19 and resolution 2012-1953 Trump I, II, III(7 days a week litter pickup only)as per contract line 62, item G20 52 30.00 1,560.00 and resolution 2012-1953 Future location of Solis(7 days a week litter pickup only)as per contract line 63, item 52 30.00 1,560.00 G21 and resolution 2012-1953 SUBTOTAL SECTION G: 34,060.00 SECTION I-PARKING LOTS: Under the William Lehman Causeway Bridge as per contract line 65, item 11 and 52 100.00 5,200.00 resolution 2012-1953 Under the north bound William Lehman flyover ramp as per contract line 66, item 12 52 50.00 2,600.00 and resolution 2012-1953 174th Street at North Bay Road as per contract line 67, item IS and resolution 52 40.00 2,080.00 2012-1953 Parking lot behind the Walgreens as per contract line 68, item I6 and resolution 52 40.00 2,080.00 2012-1953 SUBTOTAL SECTION I- PARKING LOTS: 11,960.00 SECTION J-GOVERNMENT FACILITIES: Sunny Isles Beach Government Center as per contract line 65, item J1 and resolution 52 400.00 20,800.00 2012-1953 Storm water Pond at Sunny Isles Boulevard and Collins Avenue as per contract line 52 100.00 5,200.00 66, item J2 and resolution 2012-1953 Storm water Pond at Sunny Isles Boulevard and North Bay Road as per contract line 52 100.00 5,200.00 67, item J3 and resolution 2012-1953 Storm water Pond at Sunny Isles Boulevard on west end as per contract line 68, item 52 100.00 . 5,200.00 J4 and resolution 2012-1953 IF APPROVED,PLEASE SIGN: Void after 90 days Page 4 TOTAL INSTALLED AND B APPROVED } et.„ _ PROPOSAL �.•_ �I DATE PROPOSAL# �1 l m -¢ ( 6/27/2013 0613000 •Z � 2711 SW 36th Street,Dania Beach,FL 33312 PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn @lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL WASA Pump Station at 350 Sunny Isles Boulevard as per contract line 69, item J5 52 50.00 2,600.00 and resolution 2012-1953 . WASA Pump Station at Atlantic Isles as per contract line 70, item J7 and resolution 52 25.00 1,300.00 2012-1953 . 162nd Street and Collins Avenue(Plaza on west side)as per contract line 71, item J8 52 75.00 3,900.00 and resolution 2012-1953 Norman S. Edelcup K-8 School as per contract line 72, item J9 and resolution 52 250.00 13,000.00 2012-1953 Daily litter pickup for J1 -J9(7 days a week)as per contract line 73 and resolution 52 50.00 2,600.00 2012-1953 SUBTOTAL SECTION J - GOVERNMENT FACILITIES 59,800.00 ADDENDUM TO CITYWIDE LANDSCAPE MAINTENANCE SERVICES RFP 12-05-01 Weekly maintenance of the West side of Collins from the Millennium,south to Arlen 52 1,400.00 72,800.00 House to include: 1. Weekly landscape maintenance Medjool Date palms(trimming in May and September) 2. Weekly maintenance of all Ficus "green island" 3. Maintenance of irrigation system to provide adequate coverage, including clock adjustments 4. Re-furbish"red" mulch as needed 5. Fertilization of Ficus "green island" 6. Pest control 7. Daily litter pick-up SUBTOTAL-ADDENDUM 72,800.00 SECTION E- PARKS: Gwen Margolis Park weekly maintenance as per contract line 1, item El and 52 475.00 24,700.00 resolution 2012-1953 - (15%REDUCED SUMMER PRICING) IF APPROVED,PLEASE SIGN: Void after 90 days Page 5 TOTAL INSTALLED AND APPROVED C � n r PROPOSAL DATE PROPOSAL# tip :` "w T - a 9 6/27/2013 0613000 2711 SW 36th Street,Dania Beach, FL 33312 • PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn @lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 • DESCRIPTION QTY COST TOTAL Town Center Park weekly maintenance as per contract line 2, item E2 and resolution 52 300.00 15,600.00 2012-1953 - Samson Oceanfront Park weekly maintenance per contract line 3, item E3 and 52 300.00 15,600.00 resolution 2012-1953 Pelican Community Park weekly maintenance as per contract line 4, E4 and resolution 52 480.00 24,960.00 2012-1953 - (20% REDUCED SUMMER PRICING) Golden Shores Park weekly maintenance as per contract line 5, item E5 and resolution 52 200.00 10,400.00 2012-1953 Heritage Park weekly maintenance as per contract line 6, item E6 and resolution 52 700.00 36,400.00 2012-1953 Bella Vista Park weekly maintenance as per contract line 7, E7 and resolution 52 100.00 5,200.00 2012-1953 Pier Park weekly maintenance as per contract line 8, item E8 and resolution 52 50.00 2,600.00 2012-1953 Atlantic Isles Bridge Lagoon area weekly maintenance as per contract line 9, item E9 52 . 50.00 2,600.00 and resolution 2012-1953 Atlantic Isles West-End-Cul-de-Sac Park weekly maintenance as per contract line 10, 52 50.00 2,600.00 item E 1 0 and resolution 2012-1953 Oceania Park weekly maintenance as per contract line 11, item El 1 and resolution 52 50.00 2,600.00 2012-1953 Intracoastal Parks(16000-16200)Collins Avenue Park weekly maintenance as per 52 150.00 7,800.00 contract line 12,item E 12 and resolution 2012-1953 SUBTOTAL SECTION E- PARKS 151,060.00 SEASONAL ANNUALS(3 times per year) -ROW's" WILLIAM LEHMAN CAUSEWAY: 600 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 1,800 1.20 2,160.00 old plantings;and fertilize with Osmocote-as per contract line 74,item A Al. CITY HALL: 1200 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and 3,600 1.20 4,320.00 remove old plantings; and fertilize with Osmocote-as per contract line 74, item A 1 IF APPROVED,PLEASE SIGN: Void after 90 days Page 6 TOTAL P INSTALLED AND • APPROVED • ��ry� rV DATE PROPOSAL# lic ��.r\. 6/27/2013 0613000 ua i f��I!i .J. �. ?I 2711 SW 36th Street,Dania Beach, FL 33312 PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn@lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL TONY ROMAS: 375 @ 3 plantings-Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 1,125 1.20 1,350.00 old plantings;and fertilize with Osmocote- as per contract line 74, item Al WINSTON BOULEVARD-ALL BULL NOSES: 3,150 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and 9,450 1.20 11,340.00 remove old plantings; and fertilize with Osmocote-as'per contract line 74, item A 1 COLLINS - 826 INTERCHANGE ISLAND: 1200 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and 3,600 1.20 4,320.00 remove old plantings; and fertilize with Osmocote-as per contract line 74, item A 1 ATLANTIC PARK AND ATLANTIC ISLES ENTRANCE: 300 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 900 1.20 1,080.00 old plantings;and fertilize with Osmocote-as per contract line 74, item Al 225 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 675 1.20 810.00 old plantings;and fertilize with Osmocote-as per contract line 74, item A 1 PIER PARK: 225 @ 3 plantings-Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 675 1.20 810.00 old plantings;and fertilize with Osmocote-as per contract line 74, item A 1 COLLINS-NORTH ENTRANCE SIGN: 120 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 360 1.20 432.00 old plantings;and fertilize with Osmocote-as per contract line 74, item Al GOLDEN SHORES ENTRANCE: 300 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 900 1.20 1,080.00 old plantings;and fertilize with Osmocote-as per contract line 74, item A 1 COLLINS SOUTH ENTRANCE SIGN: 940 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 2,820 1.20 3,384;00 old plantings;and fertilize with Osmocote-as per contract line 74, item A 1 22 @ 3 plantings-Cubic Yards of Atlas "3000" Mix,delivered and installed- as per 66 40.00 2,640.00 contract line 226,item D6 and resolution 2012-1953 SUBTOTAL ROW's FLOWER CHANGEOUTS 33,726.00 SEASONAL ANNUALS(3 times per year)-PARKS: IF APPROVED,PLEASE SIGN: Void after 90 days Page 7 S R INSTALLED AND APPROVED PROPOSAL 3 DATE PROPOSAL# .•pclllSta f if id? (1i pirri ', - 4r.4:1,7;1 6/27/2013 0613000 7p nu artur nx f� �„ rrJ_._. `L f;\�� Jv \� ,�l =a ILA 2711 SW 36th Street,Dania Beach,FL 33312 PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn @lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL HERITAGE PARK: COLLINS BED- 900 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch 2,700 1.20 3,240.00 Annuals and remove old plantings; and fertilize with Osmocote=as per contract line 74, item A 1 INSIDE NEAR SIGN TRIANGLE-270 @ 3 plantings- Seasonal Color 810 1.20 972.00 Replacement: Plant 4.5 inch Annuals and remove old plantings;and fertilize with Osmocote-as per contract line 74, item A 1 INSIDE NEAR SIGN WALKWAY-60 @ 3 plantings- Seasonal Color 180 1.20 216.00 Replacement: Plant 4.5 inch Annuals and remove old plantings;and fertilize with Osmocote-as per contract line 74, item Al INSIDE PARK BEHIND WALL- 150 @ 3 plantings-Seasonal Color Replacement: 450 1.20 540.00 Plant 4.5 inch Annuals and remove old plantings;and fertilize with Osmocote-as per contract line 74,item A 1 SAMSON PARK-FRONT BED: 1050 @ 3 plantings-Seasonal Color Replacement: Plant 4.5 inch Annuals and 3,150 1.20 3,780.00 remove old plantings; and fertilize with Osmocote-as per contract line 74, item A 1 SAMSON PARK BIRD: 150 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 450 1.20 540.00 old plantings;and fertilize with Osmocote-as per contract line 74, item A 1 PELICAN PARK: 150 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 450 1.20 540.00 old plantings;and fertilize with Osmocote-as per contract line 74, item A 1 GWEN MARGOLIS PARK: 150 @ 3 plantings-Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 450 1.20 540.00 old plantings; and fertilize with Osmocote-as per contract line 74, item A 1 GOLDEN SHORES PARK: 150 @ 3 plantings- Seasonal Color Replacement: Plant 4.5 inch Annuals and remove 450 1.20 540.00 old plantings;and fertilize with Osmocote-as per contract line 74, item A 1 12 @ 3 plantings-Cubic Yards of Atlas "3000" Mix,delivered and installed- as per 36 40.00 1,440.00 contract line 226, item D6 and resolution 2012-1953 SUBTOTAL PARKS FLOWER CHANGEOUTS 12,348.00 IF APPROVED,PLEASE SIGN: Void after 90 days Page 8 TOTAL *® INSTALLED AND APPROVED �5 mu r P ROPOSAL��' i a DATE PROPOSAL# i/ 6/27/2013 0613000 2711 SW 36th Street,Dania Beach, FL 33312 PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida. 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn @lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL MEDJOOL DATE PALM MAINTENANCE-3 TIMES PER YEAR- ROW's- COLLINS AVENUE: 164 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)- 492 35.00 17,220.00 as per contract line 191,item Al 18 and resolution 2012-1953 ATLANTIC ISLES: 1 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)-as 3 35.00 105.00 per contract line 191, item A118 and resolution 2012-1953 SUNNY ISLES BOULEVARD: 52 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)- 156 35.00 5,460.00 as per contract line 191,item A118 and resolution 2012-1953 172ND STREET: 11 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)- 33 35.00 1,155.00 as per contract line 191,item A118 and resolution 2012-1953 174TH STREET: 4 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)-as 12 35.00 420.00 per contract line 191, item A118 and resolution 2012-1953 CITY HALL: 7 @ 3 treatments- Phoenix "Medjool" Dactylifera Maintenance(per application)-as . 21 35.00 735.00 per contract line 191, item A118 and resolution 2012-1953 PELICAN PARK: 5 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)-as 15 35.00 525.00 per contract line 191, item A118 and resolution 2012-1953 WEST SIDE OF COLLINS: 125 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)- 375 35.00 13,125.00 as per contract line 191, item A118 and resolution 2012-1953 SUBTOTAL ROW'S MEDJOOL MAINTENANCE 38,745.00 MEDJOOL DATE PALM MAINTENANCE_3 TIMES PER YEAR- PARKS - HERITAGE PARK: • IF APPROVED,PLEASE SIGN: e Void after 90 days Page 9 T•TN_ S w� i° INSTALLED AND APPROVED • S ` ,i _ PROPOSAL DATE �` PROPOSAL# aiwv [ � v c .. �. Tici -� . ..:: •`gut 6/27/2013 0613000 .-.--tom 2711 SW 36th Street,Dania Beach, FL 33312 PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To. 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY PROJECT P.O. NUMBER lyn @lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL 26 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)- 78 35.00 2,730.00 as per contract line 191, item Al 18 and resolution 2012-1953 PELICAN PARK: 9 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)-as 27 35.00 945.00 per contract line 191, item A118 and resolution 2012-1953 MARGOLIS PARK: 9 @ 3 treatments-Phoenix "Medjool" Dactylifera Maintenance(per application)- as 27 35.00 945.00 per contract line 191, item A118 and resolution 2012-1953 TOWN CENTER PARK: 16 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)- 48 35.00 1,680.00 as per contract line 191, item A118 and resolution 2012-1953 SAMSON PARK: 8 @ 3 treatments- Phoenix"Medjool" Dactylifera Maintenance(per application)-as 24 35.00 840.00 per contract line 191, item Al 18 and resolution 2012-1953 SUBTOTAL PARKS MEDJOOL PALM MAINTENANCE • 7,140.00 CYGON&MERIT FOR ROYAL PALM TREES - 1 TIME PER YEAR- ROW's- ATLANTIC ISLES: 54 -Cygon Foliar Spray for Royal palms(per application)-as per contract line 190, 54 15.00 810.00 item A117 and resolution 2012-1953 54 -Merit Soil Drench for Royal Palms(per application)-as per contract line 189, 54 15.00 810.00 item A116 and resolution 2012-1953 • PIER PARK: 8 - Cygon Foliar Spray for Royal palms(per application)-as per contract line 190, 8 15.00 120.00 item A117 and resolution 2012-1953 8 @ 3 treatments-Merit Soil Drench for Royal Palms(per application)- as per 8 15.00 120.00 contract line 189, item A116 and resolution 2012-1953 172ND STREET: 55 Royal palms- Cygon Foliar Spray for Royal palms(per application)-as per 55 15.00 825.00 contract line 190, item A117 and resolution 2012-1953 IF APPROVED,PLEASE SIGN: Void after 90 days Page 10 TOTAL L 4� p e INSTALLED AND APPROVED L , PROPOSAL r - Cy% DATE PROPOSAL# �1 �ryy'� --+ --'+ - - -. ,--- '!p=`•" 6/27/2013 0613000 }lam 1' .. q.' _ GR l'f IIII CI][ •. I ec 'C4M•r, . 2711 SW 36th Street,Dania Beach,FL 33312 PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn@lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL 55 Royal palms- Merit Soil Drench for Royal Palms(per application)- as per 55 15.00 825.00 contract line 189, item A116 and resolution 2012-1953 - ATLANTIC BOULEVARD: 11 Royal palms-Cygon Foliar Spray for Royal palms(per application)- as per 11 15.00 165.00 contract line 190, item A117 and resolution 2012-1953 11 Royal palms- Merit Soil Drench for Royal Palms(per application)-as per 11 15.00 165.00 contract line 189, item A116 and resolution 2012-1953 PARKING LOT BEHIND WALGREENS: 1 Royal palm-Cygon Foliar Spray for Royal palms(per application)- as per 1 15.00 15.00 contract line 190, item A117 and resolution 2012-1953 1 Royal palm- Merit Soil Drench for Royal Palms(per application)-as per contract 1 15.00 15.00 line 189,item A116 and resolution 2012-1953 NORTH BAY ROAD & 178TH STREET: 6 Royal palms - Cygon Foliar Spray for Royal palms(per application)- as per 6 15.00 90.00 contract line 190, item A117 and resolution 2012-1953 6 Royal palms- Merit Soil Drench for Royal Palms(per application)-as per 6 15.00 90.00 contract line 189, item A116 and resolution 2012-1953 CITY HALL: 25 Royal palms- Cygon Foliar Spray for Royal palms(per application)- as per 25 15.00 375.00 contract line 190, item A117 and resolution 2012-1953 25 Royal palms-Merit Soil Drench for Royal Palms(per application)-as per 25 15.00 375.00 contract line 189, item A116 and resolution 2012-1953 NORMAN S. EDELCUP SCHOOL: 6 Royal palms-Cygon Foliar Spray for Royal palms(per application) -as per . 6 15.00 90.00 contract line 190, item A117 and resolution 2012-1953 Merit Soil Drench for Royal Palms(per application)-as per contract line 189,item 6 15.00 90.00 A116 and resolution 2012-1953 PELICAN PARK: 2 Royal palms- Cygon Foliar Spray for Royal palms(per application)-as per 2 15.00 30.00 contract line 190, item A117 and resolution 2012-1953 • IF APPROVED,PLEASE SIGN: • Void after 90 days Page 11 TOTAL Sp B' INSTALLED AND APPROVED PROPOSAL �✓ DATE PROPOSAL# . _ ' ._ .. r (";., ;9 6/27/2013 0613000 I �l! I " \ (�,g swd. 2711 SW 36th Street, Dania Beach, FL 33312 PHONE: 954-431-1111 FAX: 954-433-1111 The City of Sunny Isles Beach Ship To 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTENTION: Robert Williamson EMAIL DIVISION REP APPROVED BY: PROJECT P.O. NUMBER lyn @lukes-sawgrass.biz 2200-Lands... GV 0613000LM/budget 130000166001 DESCRIPTION QTY COST TOTAL 2 Royal palms - Merit Soil Drench for Royal Palms(per application)- as per contract 2 15.00 30.00 line 189, item A 116 and resolution 2012-1953 ELLEN WYNNE BEACH ACCESS: 6 Royal palms - Cygon Foliar Spray for Royal palms(per application)-as per 6 15.00 90.00 contract line 190, item A117 and resolution 2012-1953 6 Royal palms- Merit Soil Drench for Royal Palms(per application)-as per contract 6 15.00 90.00 line 189, item Al 16 and resolution 2012-1953 SUBTOTAL OF CYGON&MERIT TO TREAT ROYAL PALM BUG- 5,220.00 RIGHT-OF-WAYS CYGON&MERIT FOR ROYAL PALM TREES - 1 TIME PER YEAR- PARKS- MARGOLIS PARK: 47 Royal palms-Cygon Foliar Spray for Royal palms(per application)-as per 47 15.00 705.00 contract line 190, item A117 and resolution 2012-1953 47 Royal palms-Merit Soil Drench for Royal Palms(per application)-as per 47 15.00 705.00 contract line 189, item A116 and resolution 2012-1953 TOWN CENTER PARK: 2 Royal palms-Cygon Foliar Spray for Royal palms(per application)- as per 2 15.00 30.00 contract line 190, item A117 and resolution 2012-1953 Merit Soil Drench for Royal Palms(per application)-as per contract line 189, item 2 15:00 30.00 A116 and resolution 2012-1953 SUBTOTAL OF CYGON& MERIT TO TREAT ROYAL PALM BUG -PARKS 1,470.00 AUTO DAMAGES- Estimated costs related to auto/pedestrian damages 1 20,000.00 20,000.00 MULCH-2 times per year- 600 @ 2 times per year-Cubic Yards of Premium "red" mulch delivered and installed 1,200 24.00 28,800.00 - as per contract line 222, item D2 and resolution 2012-1953 IF APPROVED,PLEASE SIGN: Void after 90 days Page 12 TOTAL $682,009.00 INSTALLED AND APPROVED SUNNY I SIFJ . .„- - AGREEMENT BETWEEN THE CITY OF SUNNY ISLES 04� BEACH AND LUKES' LANDSCAPING, INC., d/b/a LUKES- sFC >�or suN�N SAWGRASS LANDSCAPE, INC. CONTRACT NO. C1112-057 THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 5 x day of Qc , 2012, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and LUKES' LANDSCAPING, INC. d/b/a LUKES-SAWGRASS LANDSCAPE, INC. a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D. # is RECITALS WHEREAS, the City is need of landscaping services to include maintenance of landscape, irrigation, public right-of-way maintenance, sidewalks, street furniture, facility maintenance,trimming, planting and/or removal of trees ("Services"); and WHEREAS, the City advertised City Wide Landscaping Services, Request for Proposal No. 12-05-01, for the Services, and the Contractor submitted a bid in response thereto which is incorporated herein by reference; and WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in this Agreement, Request for Proposal No. 12-05-01, and the Contractor's response thereto which is incorporated herein by reference (collectively "Scope of Work"). 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 11 hereunder, this Agreement shall commence on the first calendar day of the month succeeding approval of this Agreement by the City Commission and shall end one (1) year thereafter. 4. RENEWAL. Prior to, or upon completion of the initial one year term, the City shall have the option to renew this Agreement for an additional four (4)one year renewal terms. C1112-057-LUKES-SAWGR ' 1 ,i ATTACHMENT cc B 5. COMPENSATION. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00) for the performance of the Services. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Request for Proposal No. 12-05-01, and the Contractor's response thereto, which is incorporated herein by reference, and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon ten (10) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. ADDITIONAL SERVICES. All payments to Contractor shall be based on invoices submitted to the City. The City shall only reimburse Contractor for services authorized pursuant to this Agreement. Any additional work performed by Contractor that is outside the Scope of C1112-057—LUKES-SAWGRASS LANDSCAPING Page 2 of 8 ;( g ; T ^ 1 n x.> Work shall be required to be pre-authorized in advance in writing by the City Manager or his designee. In the event the Contractor performs work that it outside the Scope of Work, and does not obtain the required pre-authorization in writing from the City Manager or his designee, then the City shall not be under any legal obligation to reimburse Contractor for said services. 7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: (a) General liability insurance with limits of Five Million Dollars ($5,000,000.00) combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Workers Compensation(Statutory Limits). Products and/or Completed Operations Hazard. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Contractor or the acts or omissions of Contractor in connection with such operation. C1112-057—LUKES-SAWGRASS LANDSCAPING Page 3 of 8 :,) r: 0 "V .n✓ (b) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non-owned vehicles. Employers' non-ownership. Such policies of insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All.policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar day's prior written notice to the City Manager or his designee. 9. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties needs to be approved in writing by the City in order to be properly authorized. 10. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and •expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of services pursuant to that agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. C1112-057—LUKES-SAWGRASS LANDSCAPING Page 4 of 8 r g� 11. TERMINATION. A. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 5 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor and the City may reasonably withhold payments to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by giving written notice which shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs A(i) and(ii)above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 12. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 13. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 14. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. C1112-057—LUKES-SAWGRASS LANDSCAPING Page 5 of 8 y 1 rig Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the 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 their respective attorneys' fees as may be determined by the court on confirmation. 15. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10)years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Chief Fred A. Mass With a copy to: Acting 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) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Jerry Palaz7olo Contractor: President Lukes' Landscaping, Inc., d/b/a Lukes-Sawgrass Landscape, Inc. 2200 North 30th Road Hollywood, FL 33021 Tel: (954)431-1111 17. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 18. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3)years. C1112-057—LUKES-SAWGRASS LANDSCAPING Page 6 of 8 0 11 U 19. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 :U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Contractor further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 21. ENTIRE AGREEMENT. This Agreement, together with all terms and conditions contained in Request for Proposal No. 12-05-01, and the Contractor's response thereto, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. [remainder of page intentionally left blank] C1112-057—LUKES-SAWGRASS LANDSCAPING Page 7 of 8 trII IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS #1: LUKES' LANDSCAPING,INC. DB/A LUKES-SAWGRASS LANDSCAPING, / / //2/ INC. BY: 41111 I ' i w I � Si:°.ture. Signature and Title / go v-i,,,,t_7 /1 Print Name WITNESS#2: Signature Print Name ATTEST: CITY OF SUNNY ISLES BEACH cl.&,_______Sts)h.LA 46;102_, BY. fri.,/,/14/ / Jane A. Hines,CMC, City Clerk orman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY d B � �i iss •ttinot i City Attorney C1112-057—LUKES-SAWGRASS LANDSCAPING Page 8 of 8 fiZ 1y5 .ill p .1 L.) , Ao _ __y�„ 0� City of Sunny Isles Beach , . , 18070 Collins Avenue lL { = Sunny Isles Beach, Florida 33160 '•.t.• -......--______' '-::`-tr. L.--;.. sP , F o¢ 5 (305)947-0606 City Hall (.,e.,.0F iµ �`� (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Bill Evans, Assistant City Manager DATE: 7/18/2013 RE: Second Amendment to the Lukes-Sawgrass Landscaping, Inc. Agreement RECOMMENDATION: We recommend that the City Commission renew the Lukes-Sawgrass Landscaping, Inc. Agreement for second term. The original agreement contains four (4) one year renewal options. We would be exercising our second renewal. REASONS: In August 2012 the City entered into an agreement with Lukes-Sawgrass Landscaping Inc. for Citywide Landscaping Services. Resolution No. 2012-1953 capped expenses at $650,000.00 which included regular on-going maintenance as well as special projects. The special projects allocation was $100,000.00 In February 2013 the City entered into a First Amendment to the agreement with Lukes-Sawgrass Landscaping Inc. for special projects used to bring the City up to its standards and several projects that were for the 2012-2013 fiscal year. Resolution 2013-2032 capped expenses at $400,000.00 bringing the total amount to $1,050,000.00. The City is requesting to renew the original agreement for landscaping services to include maintenance of landscape, irrigation, public right-of-way maintenance, sidewalks, street furniture, facility maintenance, trimming, planting and/or removal of trees. Agenda Item No.IOF Date 7/18/2013 93 The scope of services include the following: 1. Park Maintenance $151,060.00 2. Right-of-Way $204,880.00 3. Beach Access $34,060.00 4. Parking Lots $11,960.00 5. Government Facilities $59,800.00 6. Miscellaneous Tasks $220,249.00 The renewal of this agreement will be a Second Amendment to the Lukes- Sawgrass Landscaping, Inc. in an amount not to exceed is $682,009.00 FUNDING SOURCE: Funding has been appropriated as follows: 1. Park Maintenance $151,060.00 (10-573-5464 and 10-577-5348) 2. Right-of-Way $204,880.00 (11-541-5464) 3. Beach Access $34,060.00 (10-577-5348) 4. Parking Lots $11,960.00 (10-525-5348 and 10-525-5464) 5. Government Facilities $59,800.00 (10-534-5348) ATTACHMENTS: • Resolution • Second Amendment to Agreement Agenda Item No 10F Date 7/18/2013 94