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