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HomeMy WebLinkAboutReso 2013-2153RESOLUTION NO. 2013 - R ( S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH LUKES- SAWGRASS LANDSCAPING, INC. FOR LANDSCAPING SERVICES FOR CAPITAL PROJECTS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00), ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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, on July 18, 2013 via Resolution No. 2013 -2084 the City Commission approved 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); and WHEREAS, the City being satisfied with the landscaping maintenance services wishes Lukes - Sawgrass Landscaping, Inc. to provide landscaping services for the City's Capital Projects, and who has expressed its ability and desire to provide these services; and WHEREAS, the City Commission wishes to approve the Third Amendment to Agreement with Lukes - Sawgrass Landscaping, Inc. to provide Landscaping Services for the City's Capital Projects, in an amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00), attached hereto as Exhibit "A ", bringing the total contract amount not to exceed to One Million Eight Hundred Fifty -Two Thousand Nine Dollars ($1,852,009.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2013- Lukes - Sawgrass Landscape 3rd Amd to Agmt Page 1 of 2 Section 1. Approval of Third Amendment to Agreement. The City Commission hereby approves the Third Amendment to Agreement with Lukes - Sawgrass Landscaping, Inc. to provide Landscaping Services for the City's Capital Projects, in an amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00), attached hereto as Exhibit "A ". Section 2. Authorization of Maw The Mayor is hereby authorized to execute said Amendment. 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 21St day of November 2013 ATTEST: �Acf*fi � LU� Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM Vote: 6-0 Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl R2013- Lukes - Sawgrass Landsca j(Yes) v/ (Yes) (Yes) (Yes) (Yes) pe 3rd Amd to Agmt �, rman S. Edelcup, Mayor l Moved by: I C-e,�� Seconded by:ptn,�,gM,pti Page 2 oC2 (No) (No) (No) (No) (No) X01 MNr a,+.. THIII AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND LUKESIANDSCAPING. '...Y ��. INC., d/b /a/ LUKES- SAWGRASS LANDSCAPE. INC. CONTRACT NO. C1314 -006 THIS THIRD AMENDMENT to the Agreement between the City of Sunny Isles Beach and Lukes' Landscaping, Inc., d/b/a/ Lukes-Sawgrass Landscape, Inc., executed this *Z 06 day of November, 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' Landscaping, Inc. ("Contractor') attached hereto as Attachment "A ", whose Federal Identification # is _5 `� • 1 S-r6'1 133 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 AgmemM is hereby amended to include additional Capital Improvement Projects Services throughout the City ( "Additional Services'l. 2. ADDITIONAL COMPENSATION. The payments to the Contractor, as set forth in Section 5 of the original Agreement, is hereby amended to include additional compensation for the Additional Services, in an amount not to exceed One Hundred Twenty Thousand Dollars (S 120,000.00). 3. OTHER PROVISIONS REHM 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. 4. CONFLICTING PROVISIONS: If there is a conflict or inconsistency between any term, statement, requimn n% or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Third Amendment, the term, statement, requirement, or provision contained in this Third Amendment shall prevail and be given superior effect and priority 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 WI'T'NESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. LUIM'LANDSCAPING, i OLUKFS-S LAND E, C. 6I i r BY:777 `r Signature and Title CITY OF SUNNY ISLES BEACH 4an S. Edelcup, Mayor N Exhibit "A" ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY BY: Jane --.I-- Hines, MMC, City Clerk Ottinot City Attorney R, i AGREEMENT BETWEEN THE CITY OF SUNNY ISLES .,, . BEACH AND LUX EaS' LANDSCAPING, INC., d/b /a LUKES- �'" we f SAWGRASS LANDSCAPE, INC. CONTRACT NO. C1 112457 TMS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, Ws � day of 2012, by and between the CITY OF SUNNY ISLES BEACH, Florida, InMer referred to as `City"), and LUXES' LANDSCAPING, INC. d/b/a LUXES- SAWGRASS LANDSCAPE, INC. a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D. # is S�j• tS`61Z33 VMREAS, the City is need of landscaping services to include maintenance of landscape, irrigation, public right -of -way maintenance, sidem ft 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 -0 1, for the Services, and the Contractor submitted a bid in response thereto which is incorporated herein by reference; and WHEREAS, the Coatractor is qualified, willing and able to provide the Services on the tams 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 Itousand Dollars (5654,004.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, r+epreaeatationa and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. BfJM" The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. - SERVICES. Conti 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 refs rice (collectively "Scope of Work"). 3. Subject to the provisions relating to the termination of this Agreement as set forth in Section 11 hereunder, this Agreement shall commence on the Brat calendar day of the month snaaoding approval of this Agreement by the City Commission and shall and 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. . t Cr 1 124M - LUKES -SAWQR - ATTACHMENT "A" SIB B S. COMPENSAT ION. As the entire compensation under this Agreement and during the term of this Agirement, 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. Disbanraememta. 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. Avaltabil ty 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 Timis 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 sadsfaotorily performed prior to the effective date of termination. d. EM Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "dal 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, Ueensm permits, overhead or any other expanses or costs unless any such expense or cost is fnc and by Cofactor 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 suzvV 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 SERVICZL All payments to Contractor shall be based on invoices submitted to the City. The City shall only reimburse Contractor for services auth%ind pursuant to this Agreement. Any additional work performed by Contractor that is outside the Scope of Cn 112-057 - s uxES- sAwcaxAW r.AwasCAPUVO Pee 2 orb S r B 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. DEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purpos s. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employe, partner, agent, shareholder, officer or in any other capacity other than as an iadepmdmt contractor other than those obligations which have been or shall have be= undertaken by the City. Contractor shall be responsible for any and all of its own expeam 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 shad be that of the Contractor, other than those set forth in this agreement. Contractor shall- furnish its own hansportation, 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 perforated unda 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) Oeneral liability insurance with limits of Five Million Dollars ($S, 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 Iatest 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. le 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 equ*1 to those required for Bodily IWury 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- M— LUMM- SAWORASSUNMAYINO Page 3ofI SIB (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 endoraemeurts, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non -owned vehicles. Employers' non - ownership. Sock 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 arid 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 famish 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 aubrogatfon endorsement. All policies and certificates shall be informs and issued by insurance caompanies 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) colon nder day's prior written notice to the City Manager or his designee. '9. ORMB,UM 41 DOCUMENTS AND EOUIPXNT. All documents prepared by the Contractor pursuant to this agreement and related savior to this agreement are inteaded and for the ownership of the City only. Any'other use by Contractor or other parties neadsto 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, loan and including, -but not limited to, attorney's fees for personal, economic or bodily injury, wrongtinl death, loss of or damage to property, at law or in equity, which may arise or may be 'alleged to have risen finm 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 cosh 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 loam including appeals. Tire parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. C11124:57 - LUXES- SAWGRA,SS LANDSCAPING zee 4 era SIB ZI 1 t. �'E M�II�i TIC A. through any cause within the reasonable control the Contractor shall fail to fidfill in a timely manner or otherwise violate any of the covenants, egreements or stipulations material to this agreement, the City shall have the right to terminate the services than 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 tea (10) days the City may terminate this agreement (L) In the event of termination, all finished end 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 S herein. 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 Con Xenknee 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 tams of Paragraphs A(i) and (ii) above shall be applicable hereunder. C. Terminatloa for Iaaobeacv. 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 imroluahry bankruptcy or makes any assignment for the benefit of creditors. 12 ASSIGNIVg;NTS. 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 shell 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 kwwhq#y, 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, art or in connection with this agreement or any course of conduct, course of dealing. statements (whether verbal or written) or aeons 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, Hiles 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. C1112-007— UnUM- SAWOMU LANDSCAPING Pars ore SIB Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' Sees 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 INFORMAI' ION. 'Ile Contractor shall not either during tie term of this Agreement or any time for a period of TEN (10) years subsequent to that data upon which the Con tractw 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. NOUCES. 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, (H) by guaranteed overnight delivery by a nationally recognized courier service, or ( iii) by facsimile with confrnudion 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 couder service), addressed to such party as follows: If to the City: Chief Fred A. Maas Will# 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 I8070 Collins Avenue Sunny Isles. Beach, Florida 33160 Fourth Floor Tel: ( 305) 792 -1701 Sunny Was Beach, Florida 33160 Tel: (305) 792 -1702 U to the Jerry Pala*olo oaftw1or. President Lukes' landscaping, Inc., d/b/a Lukes- Sawgrass Landscape, Ina 2200 North 3& Road Hollywood, FL 33021 TeI: 954 431 -1111 I7. GOVERNING LA 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 repmsentadve all required financial records associated with the Agreement for a period of THRtEE (3) years. ct 1 12-037 - LUKBS4AwassAss tANDSCAPM Pte 6 of 8 S 8 19. NON DISCR[NIIDMION. 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, Tide 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of I973, 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 I2086. 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, mariW/familisi status, or Status with regard to public assistance. The Contractor will take afrmative 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, layo$ termination, rates of pay or other forms of compensation, and selection for training, including apprerttic ieship. 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 Swdon 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 Off; M. Mn 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 commtlon with the Agin conditions hereunder. The Contractor covenant$ that it presently has no interest and shall not acquire 8ny interest, direct or indirectly which should conflict in any manner or degree with the pufo Nance of the services. The Contractor father covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Contractor. No member o4 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. ENTME &QRAjMM • 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 eatire 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 amendmaat, waiver, change, modf'fieation, extension and/or rescission is sought. [rmaht*r ojpage intent navy kft bkn kl Cr 1124M - LUKES- SAWGWS LANDSCAPNO Poe 7 ore SIB IN wnww WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year fast written above. WITNESS #1: LUXM9 LANDSCAPING, INC. D/B/A LUKCS- SAWGRASS LANDSCAPING, INC. BY:<ZD LoWe . 3i Sigaatum and Title G Print Name WITNESS X12: Signature Print Name Jane A. Hine$, CM City Clerk CITY OF SUNNY ISLES BEACH APPROVED AS TO FORM AND LEGAL SUFFICIENCY CIii2-W7- antes- MWGItASS LANDSCAPING e p a ors S 118 u4 El E �F L�� S E� N TO: VIA: FROM: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947.0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Helen Gray, PE, City Engineer 11/21/2013 RE: A Resolution Approving the Third Amendment to Agreement with Lukes - Sawgrass Landscaping, Inc. for Landscaping Services for Capital Projects RECOMMENDATION: Staff recommends City Commission approve the Resolution. REASONS: Oftentimes when delivering various capital projects, small items of work arise that are best addressed by Luke's - Sawgrass Landscaping, Inc. As the City's current landscape vendor, their base contract includes routine Citywide maintenance. In addition, they have been preapproved for additional services to a spending threshold for special projects that includes, by way of example, repairs from tropical storms and other miscellaneous cleanup, line of site trimming, median plantings, irrigation repairs, traffic accident repairs, additional improvements or enhancements at various parks or City facilities. Since miscellaneous landscaping work for capital projects should be charged against the associated capital project account and capitalized when the project is completed, this contract amendment will facilitate addressing various landscaping needs as they arise without the delay that would result from having to obtain City Commission approval on numerous and, when compared to the overall project budgets, relatively small cost items. Examples of past work that was charged against special projects that should have been charged against related capital accounts includes relocating irrigation lines that would have otherwise remained under the new artificial turf surface at both Pelican Agenda Item No.IOM Date 11/21/2013 200 Community and Gwen Margolis Parks, installing trees and enhancing the landscaping at Pier Park to both fulfill open DERM permit requirements not included in the - construction contract and for beautification of the area in advance of the grand opening last June along with numerous other small projects or enhancements. Staff is requesting City Manager administrative approval for up to $120,000 in aggregate for Luke's - Sawgrass Landscape, Inc. for services provided on capital projects as detailed below to be invoiced in accordance with the approved unit prices in the base contract: Gwen Margolis Park - $5,000 for replacing plants removed due to the installation of the new area light foundations; account 20- 600.5617. Town Center Park - $15,000 for the relocation of a date palm and modifications to the irrigation system so that no live lines are left under the new artificial turf, relocating trees and installing new landscaping associated with future ADA restroom improvements; account 20- 600.5695. Sunny Isles Boulevard (SR826) at Collins Avenue - $30,000 for enhancing landscaping, including installing new trees, in the medians that FDOT did not or would not include in their recently completed pedestrian safety improvement project; account 20- 600.5621. Heritage Park - $20,000 for removal or relocation of landscape materials in conflict with the proposed solid privacy wall, replace materials at the east end between Ocean Reserve and the sidewalk leading to Golden Shores Park .Additional work may inciude replacement and repair to damaged landscape materials from work on the garage panels and other miscellaneous park improvements; account 20- 600.5663. Intracoastal Park - $30,000 for possible miscellaneous installation of landscape materials and irrigation improvements; account 20- 600.5682/5686/5687 /5692. Arlen House improvements - $5,000 irrigation system modifications; account 20- 600.5697. Beach Access enhancements - $15,000 for landscape modifications needed to provide for emergency vehicle and personnel access; account 20- 600.5696. Any single project or proposal that exceeds $25,000 will be presented to City Commission for approval. ATTACHMENTS: Resolution . Third Amendment to Agreement is Agenda Item No. 10M Date 1112112013 ._ 201