HomeMy WebLinkAboutReso 2022-3402RESOLUTION NO. 2022 - Z—
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FOURTH AMENDMENT TO THE AGREEMENT WITH
BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR RIGHTS-OF-WAY AND FACILITIES
LANDSCAPE MAINTENANCE SERVICES, IN AN AMOUNT NOT TO EXCEED SEVEN
HUNDRED THOUSAND DOLLARS ($700,000.00); 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, the City of Sunny Isles Beach ("City") issued and advertised Invitation to Bid
("Bid") No. 18-03-03 for Right -of -Ways and Facilities Landscape Maintenance Services
("Services"), and received four (4) responses; and
WHEREAS, on June 21St, 2018, via Resolution No. 2018-2830, the City Commission
awarded the Bid to Luke's Landscaping, Inc. ("Lukes") as the primary awardee, and Superior
Landscape & Lawn Services, Inc. as the secondary awardee; and
WHEREAS, Resolution No. 2018-2830 further authorized the City Manager to negotiate
and enter into an Agreement with Lukes, in an amount not to exceed $1,852,271.10; and
WHEREAS, on October 8th, 2019, the City Manager executed a First Amendment to the
Agreement with Lukes, agreeing to an assignment of interests under the Agreement to
Brightview Landscape Services, Inc. ("Brightview"); and
WHEREAS, on September 17th, 2020, via Resolution No. 2020-3108, the City Commission
ratified the aforementioned First Amendment, and approved a Second Amendment to the
Agreement with Brightview for the Services, thereby exercising its first of three (3) one-year
renewal options, in an amount not to exceed $880,541.19, bringing the total contract amount
not to exceed $2,732,812.29; and
WHEREAS, on September 14th, 2021, via Resolution No. 2021-3246, the City Commission
approved a Third Amendment to the Agreement with Brightview for the Services, thereby
exercising its second of three (3) one-year renewal options, in an amount not to exceed
$650,000.00, bringing the total contract amount not to exceed $3,382,812.29; and
WHEREAS, the City being satisfied with the landscaping maintenance services of
Brightview, who has expressed its ability and willingness to continue providing these Services,
desires to exercise its third and final renewal option; and
WHEREAS, the City Commission now wishes to approve a Fourth Amendment to the
Agreement with Brightview Landscape Services, Inc. for Rights -of -Way and Facilities Landscape
Maintenance Services, in an amount not to exceed Seven Hundred Thousand Dollars
($700,000.00), bringing the total contract amount not to exceed Four Million Eighty -Two
@BCL@B40B3C47.Doc Page 1 oft 381
Thousand Eight Hundred Twelve Dollars and Twenty -Nine Cents ($4,082,812.29), attached
hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Fourth Amendment. The City Commission hereby approves the
Fourth Amendment to the Agreement with Brightview Landscape Services, Inc. for Rights -of -
Way and Facilities Landscape Maintenance Services, in an amount not to exceed Seven Hundred
Thousand Dollars ($700,000.00), bringing the total contract amount not to exceed Four Million
Eighty -Two Thousand Eight Hundred Twelve Dollars and Twenty -Nine Cents ($4,082,812.29),
attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment to the Agreement.
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. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of September 2022.
Dana Robin Goldman, Mayor
A
Maurlcio Betancir, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFF NCY:
C I- Q>L
Edward A. Dion, City Attorney
4..
Moved by:Seconded by: Vid 4AW7
Vote:
Mayor Goldman
—y�(Yes)
(No)
Vice Mayor Viscarra
—i- /(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama(Yes)
(No)
Commissioner Stuyvesant
es)
(No)
@BCL@B40B3C47.Doc Page 2 of 2 382
O4 0NY IS�B
FOURTH AMENDMENT TO THE AGREEMENT BETWEEN
1 THE CITY OF SUNNY ISLES BEACH AND TO BRIGHTVIEW
LANDSCAPING SERVICES, INC. (formerly Lukes Landscaping, Inc.)
F n 'FL00.\
CONTRACT NO. 1012-099
This Fourth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and BR,I�G-H�T.VVIIE—W LANDSCAPING SERVICES, INC., ("Contractor") executed this
004"day of Cj C�� 1 , 2022, is made a part of the original Agreement dated July 18, 2018,
Contract No. 1012-09,9 ("the Agreement"), as assigned and amended, attached hereto as Attachment
"A", between the City and Contractor, whose Federal Identification # is 95-4194223. The City and
Contractor hereby agree as follows:
1. OPTION TO RENEW. The City hereby elects to exercise its final option to renew for one
(1) year as set forth in Section 3 of the original Agreement, which is incorporated herein by reference.
The effective date of this Fourth Amendment shall commence on October 1, 2022, and shall terminate
no later than September 30, 2023. There are no renewal terms remaining as per the original Agreement.
2. ADDITIONAL COMPENSATION. The Contractor agrees to provide the desired Services
to the City, for the term commencing on October 1, 2022, and terminating no later than September 30,
2023, at the rates set forth Attachment `B" for 2022-2023, in a total amount not to exceed Seven
Hundred Thousand Dollars ($700,000.00).
3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited.
Contractors must certify that the company is not participating in a boycott of Israel. Any contract for
goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option
if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July
1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the
company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of
Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C".
Submitting a false certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The
Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's
determination of false certification was made in error, then the City shall have the right to terminate
the contract and seek civil remedies pursuant to Florida Statute Section 287.135.
4. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify
383
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(htt}�s://www.e-veriflov(cmLoyers/encollin��-in-e-verify) and follow the instructions. The
Contractor must retain the 1-9 Forms for inspection. and provide the attached E -Verify Affidavit,
attached hereto as Attachment •`D".
5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the ori`ainal Agreement between the parties dated Rd) 18. ?018, as amended,
shall remain in full force and effect.
6. CONFLICTING PROVISIONS. The terms, statements. requirements. or provisions
contained in this Fourth Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms. statements. requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A". "B", "C'' and "D
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment as of
the date mentioned above.
Department Head
Brightview Landscaping Services, Inc.
BRIGHTVIEW LANDSCAPE
SERVICES, INC.
Charles Gonzalez, Senior VP
CITY OF SUNNY ISLES BEACH
BY: _
Dant Robin Goldman. Mayor
APPROVEAS`T�O FORM AND
LEG LF` FICIE C
BY:
L -'c ward . Dion. City Attorney
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND LUKES LANDSCAPING INC.
`'' • CONTRACT NO. 1012-099
(PRIMARY R.O.W. AGREEMENT),
_THIS AG EMENT {hereinafter referred to as the "Agreement') is made in duplicate,
this = day of UM , 2018, by and between the CITY OF SUNNY ISLES BEACH,
Florida, (hereinafter ref rred to as "City"), and LUXES LANDSCAPINGt INC., a corporation
authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose
Federal I.D. 0 is 59-1587233.
RE ITA
WHEREAS, the City is 1kn need of a primary Contractor to provide Landscape
Maintenance Services throughout the City's Rights of Ways and Facilities ("Services"), as more
particularly described in Attachment "A", which is incorporated herein by reference; and
WHEREAS, Contractor is qualified, willing and able to provide the desired Services
subject to the terms and conditions contained herein; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide the
Services in a total amount not to exceed One Million Eight Hundred Fitly 'rwo Thousand
Tivo Hundred Seventy One Dollars and Ten Cents ($1,852,271.10) in accordance with
Attachments "B" and "C", a copy which is attached hereto.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
names, the parties agree as follows:
1. RECITALS.' The recitals set forih above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Contractor shall provide landscape maintenance to the City's rights of
ways and facilities as the primary Contractor for the Services, as more particularly described in
the Fee Schedules reflected in Attachments "B" and "C". The Services shall be performed by
Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material
in a good and workmanlike and professional manner to perform Services. Contractor agrees to
have a qualified representative to audit and inspect the Services provided on a regular basis to
ensure all Services are being performed in accordance with the City's needs and pursuant to the
terms of this Agreement, and shall report to the City accordingly. Contractor agrees to
irn iiediately inform the City via telephone and in writing of any problems that could cause
damage to the City's property, improvements and persons. Contractor will require its employees
to perform their work in a manner consistent with the type and scope of work to be performed.
In the event that the Contractor. fails to complete the Services pursuant to the terms of this
contract and City must undertake the completion of performance of Services, Contractor agrees
to indemnify the City or all costs incurred with respect to the completion of those Services and
any damages the City may suffer as a result of Contractor's failure to perform the Services.
3. TERM. Subject to the provisions relating to the termination of this Agreement as
set forth in Section 7 hereunder, the term of this Agreement shall have an effective
049.1012 LUKES LANDSCAPMG, INC.
commencement date of August t, 2018 and shall terminate no later than twenty six (26) months
thereafter, with the option to renew for three (3) additional one (1) year term.
.4. COMPENSA'1 ON.. During the term of this Agreement, Contractor agrees to provide
the desired Services to the City in a total amount not to exceed One Million Eight Hundred
Fifty Two Thousand Two Hundred Seventy One Dollars and Ten Cents (S1,852,271.10).
Payment to Contractor for all charges and tasks under this Agreement shall be in accordance
with the Contract Documents and the Fee Schedule as .reflected in Attachments "B" and
which is hereto attached, under the following conditions:
a. ' Disbursements. There are no reimbursable expenses associated with this
Agreement.
b. Payment Schedule. Invoices received fivrn the Contractor pursuant to this
Agreement will be reviewed by the , initiating City- Department.
Contractor shall•invoice the City for monthly recurring payments of Thirty Eight
Thousand Two Hundred Eighty Five Dollars ($38,285.00) for items in Group
A through D bf the recurring' monthly "Basic Services" Fee Schedule, as
particularly described in Attachment "B", and "Beach Access Paths" Fee
Schedule, as described in Attachment "C" which is attached hereto. All other
items, not previously described will be invoiced at the unit rate, as described in
Attachment "B". 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 Agreement number assigned hereto. Invoices will be
paid in accordance with the State of Florida Prompt Payment Act. The City will
pay properly submitted Contractor invoices following each quarterly period
within thirty (30) days of receipt, for completed and accepted deliveries or
specified services and/or goods, unless the City notifies the Contractor in writing
of the dispute, before payment is due.
C. Availabili3Y of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its ptirpose 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 twenty (20) 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
094.1012 LUKES LANDSCAPING, INC.
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.
S. MULTIPLE CONTRACTORS. Contractor acknowledges that the City has
awarded Services.to multiple Contractors (primary and secondary) as available, by line item, by
group, or. in its entirety. The City will utilize Contractors in order of award. The City may utilize
other Contractor-, in the event that: i) a Contractor is not or is unable to be in compliance with
any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of
reason. In the event that one Contractor (primary or secondary) is deemed to- be performing
unsatisfactorily as determined by the City, the City may opt to award Services to a Contractor
performing to City's approval.
6. . PENALTIES FOR RE -INSPECTION. The Contractor shall promptly correct all
apparent and. latent deficiencies and/or defects in work, and/or any Unsatisfactory Work that
fails to. conform . to the contract' documents regardless of project completion status. If
Unsatisfactory Work. is identified, through planned, random or unannounced inspections, or any
other circumstance through which the City becomes aware of Non -Compliant Work, the
Contractor will be notified within two (2) business days. All corrections shall be made within
two (2) business days after such rejected defects, deficiencies, and/or Non -Compliant Work are
written and/or verbally reported to the Contractor by the City's Project Manager(s), who may
confirm all such verbal reports in writing. The Contractor shall bear all costs of correcting such
rejected work: If the Contractor fails to correct the work within the period specified, the City
may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to
contractual default provisions if the corrections ate not completed to the satisfaction of the City
within one (1) business day -of receipt of the notice.
In addition to random or unannounced inspections, the City will conduct planned inspections for
rights-of-way each month which will be conducted prior to the Contractor submitting its monthly
invoice. The City may provide the Contractor an opportunity to correct any Non -Compliant
Work or the City will withhold payment or assess a payment reduction for the Unsatisfactory
Work. When either planned or unplanned inspdction efforts identify Non -Compliant Work'or
Unsatisfactory Work, the Contractor will be notified and the City will conduct a subsequent
inspection to ensure compliance. The City will incur additional administrative expenses for the
additional time required to re -inspect Contractor Work. The City will assess against the
Contractor a payment reduction of Two Hundred Fifty Dollars ($250.00) for rights-of-way re-
inspection -to cover the administrative expenses associated with each re -inspection effort; such
reduction will .be in addition to other payment reductions that may apply per the Contract.
7.. .'.PERFORMANCE AND PAYMENT BOND. The City of Sunny Isles Beach
requires Contractor furnish a Performance and Payment Bond in the amount of 100%'of the total
"Basic Services" recurring• monthly of the extended total as security for the faithful performance
of the Contract and for the payment of all persons performing labor or furnishing materials in
connection herewith within ten (16) calendar. days after notification of the award by the City.
OW. 1012 LUKES LANDSCAPING, INC.
►nds shalt be with a surety company authorized to do business in the State of Florida. The
Bonds) shall not contain a provision allowing the Surety(its) to cancel the Bonds prior to the
completion of the Contract, including any optional renewal periods.
S. INDEPENDENT CONTB& TOR RELATIONSHIP. The Contractor is an
in¢epeodent 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 dutica 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 taxes 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.
9. 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 coverage 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:
O Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage
liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence and Two Million Dollars ($2,000,000.00) aggregate.
O Worker's Compensation, as required by law, but with no less than $1;000,000.00
for Employer's Liability.
O Business Automobile Liability which shall include coverage for all owned, non -
owned and hired vehicles for minimum limits of not less than One Million Dollars.
($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per
accident for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per
accident for property damage.
Insurance required of the Contractor shall be primary to, and not contributory with, any insurance
or self-insurance maintained by. the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy(ies) shall be issued by
companies authorized to do business under the laws of the State of Florida and acceptable to the
City with a minimum A.M. Best rating of A -Excellent. Before any work under this
Agreement is performed, and at any time upon request, ContrActer.shall furnish to the
City certificates of initurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liabigty, with the City named as additional insured.
All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall
044.1012 LU1fES LANDSCAPING, INC.
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) days prior written notice to the City. Contractor shall also
require and ensure that each of its. sub -Contractors) providing services hereunder (if any)
.procures and maintains, until the completion of the services, insurance of the types and to the
limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION
MUST BE APPROVED IN WRITING BY THE CITY.
10. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within 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 ewe such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses or is unable to perform any term of this Agreement, City shall pay
for services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data
and other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily performed
prior to the date of termination.
(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 payment 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 Contractor ten (10) days written notice. The terms of Paragraph A(i)
and A(ii) above snail be applicable hereunder.
C. Ti:rminat'on for Insolventii. 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.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the terns
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
099.1012 LUKES LANDSCAPING, INC.
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 from violating such
provisions.'
12. 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 agr+r:.ment or any course of conduct, course of dealing,
statements (whether verbal or written) or actions of either of party.
13. . GOVERNING LAW, VENUE_ AND ATTORNEYS FEES. It is agreed that this
Agreement shall be governed by, construed and enforced in accordance with the laws of the State
of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event
it becomes necessary for the City to file a lawsuit to enforce any term or provision under this
.Agreement and the City is the prevailing patty then the City shall be entitled to its costs and
attorney's; fees at the pretrial, trial and appellate levels.
14. NOTICE& 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: Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot, Esq.
City of Sunny Isles Beach
City Attorney
18070 Collins Ave.
City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160
18070 Collins Avenue
Tel: (305)-792-1701
Sunny Isles Beach, Florida 33160
Tel: (305)-792-1702
If to the Contractor: Luke Faearazzo
Director of Municipalities & Key
Accounts
Lukes Landscaping, Inc.
2711 SW 360 Street
Dania Beach, FL 33312
Tel: (954) 433-1111
Fax: (954) 433-1111
E-mail: LukeAllslmttt.com
15. • PUBLIC RECQRDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
099-1012 LUK£S LANDSCAPfNG, INC.'
(i.) Contractor shall keep and maintain public records required by the City to perform
'the service.
(ii.) . Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law.
(iii.) Contractor shall ensure that public records that are. exempt or confidential and.
exempt from public records clNolosure requirements are not disclosed except as authorized by
Iawr,(or the duration of the contract term and following completion of the contract if the
Contractor.does not transfer the records to the City.
(iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City
all public records in possession of the Contractor or keep and maintain public records required
by the. City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure •requirements- If the
Contractor keeps and maintains public records upon completion of the contract, the Contractor
shall. meet all applicable requirements for retaining public records. All records stored
electronically must be provided by Contractor to the City, upon request from the City, in a format
that is compatible with the information technology systems of the City.
IF THE • CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF
PUBLIC RECORDS AT - (305) 792-1703, CityClerk@sibfl.net,18070 Collins
Avenue, 4th Floor, Sunny Isles Beach, Florida 33160.
16. 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.
17.. NON-DISCRIMINATLON. 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'eneployee or applicant for employment becagse of Tape, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, maritallfamilial status,
or status with iegard 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, includipg 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
099-1012 LUKES LANDSCAPING, INC:
Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the
handicapped in any Federally assisted program. .
IS.. - •PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that
is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott
of Israel is prohibited. Contractors must certify that the company is not participating in a boycott
of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall
be.terminated.at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract -entered into or renewed after July 1, 2018 shall be terminated at the City's option
if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement.
Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to -the Contractor of the City's determination concerning the false
certification. The Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the
City shall have the right to terminate the contract and seek civil remedies pursuant to Florida
Statute Section 215.4725.
19. CONFLICT OF INTEREST. The Contractor pgrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, 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, directly 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 petsoe.having any such interest shag knowingly be employed by the Contractor.
The Contractor guarantees that he/she has not offered or given to any member of, delegate to the
Congress of the United States, any or part of this Agreement or to any benefit arising therefrom.
20. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees fibm and against claims, damages,
losses and expenses (including but not limited to attomey's fees, arbitration costs, and costs of
appellate.proceedings).relating to, arising out of or resulting'from the Contractor's negligent
acts; errors, mistakes or omissions relating to professional Services performed under this
Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives; officers, directors, officials and employees shall arise in connection. with any
claim, damage, loss or:expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including' loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the
performance of this Agreement including any person for whose acts, errors, mistakes or
099.1012 LUKES LANDSCAPING, INC.
orrriisions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00)
represents specific consideration to the Contractor for the indemnification set forth in this
Agreement.
2I. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be .binding upon• the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agreement of the parties, and may be
amended, waived, changed, modified, extended or rescinded only by in writing signed by the
party against whom any such amendment, waiver, change, modification, extension and/or
iescission is sought.
F. 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 Agreement, the term, statement, requirement, or provision
contained in this Agreement shall prevail and be given superior effect and priority over any
conflicting or :inconsistent tear, statement, requirement or provision contained in any other
`document or attachment, including but not limited to Attachments "A" "13" and "C".
/Remainder of secllon intentionally left blank]
094-1012 LUKE5 LANDSCAPING, INC.
IN WITNESS WHEREOF, the parries hereto have executed this. Agreement in
duplicate on the day and year first written above,
w TNmS
Sigoat
' Print i�lerne
LUKES LANDSCAPING, INC.
BY.
uke Faca hector of Municipalities
AiT 90a
CITY OF SUNNY ISLES BEACH
Arte 'CMC. City. Cicrk Christopher 1. Russo, City Manager
APPROVED AS TO FORK AND
LEGAL SUFFICIENCY
BYB
Department Head
ot,CAttom
0944012 LOWESLANDSCAPIN0, INC.
10
A-N.d 4-11 1-- mz6mxl zozi-zozz wn-an
3%mcleae 5%in.E W. 39k 1-111eledvA-
B. BUSSNELTF0. AND BENCN LOCATIONS
CI
CoOnf Avervx
7900
90D
] 90D
17
27
BSl 7 EybH. .Oa SA.Rr laabon
S7
Weds
3900
t
Al
119551 m 1564. inJ.d WNtm Le7un91 C4ufm9Y)
N
53 WeN5
$1431000
$1431000
$1N,000
147,290
$
1471290.00
If4,6F.10
2
29
053 (51 9n.19ps ShelOar bc449n
SurutY 9W 8oykvaN lt4tOroure Ind tw9htuM
1MI
340
$2,410,201
Z,410.201 $
2,630.7
Total
S2 W..W
$11,960
A2
intludinp BaRnea Loop)
57 Wedu
26,0N
29 000
126,WO
36 780
$
23 790.00
24LI9.00
7
A7
IN W Nom Cala Avenue a 16.nde BNtl
52 VA a
1300
$1,300
300
Ra pak Patdnp Lac 51 Weds
f
4365.00
7900
$5,014
174. SlnNt lirdWnp me0fml
4435.70
$1,
CS
um Wsta Panaq w 52 Wt
765.44
f
12,170.60
1"40
AA
4149944
52 WeeW
f79,
339,000
$39,000
$40170
40,170.00
s
AS
15B.sN.e/&Wtwv Ons.
St wew
$6,240
$4,140
$6,240
$6,427
6,427,0 $
0.746.35
6
I59.1trM 114npt Pow diva
$
91279.27
A6
CNknf Ave
52 Wtdu
560
580
SW
837.40
86]
$;776.
7
P6. 1496.N 1Sndge
f
5,673.80
AT
Cola Avr
57 Walt
200
5 00
5100
$5,356.00
5,356. 00
$;775.
Trunp BeseN Rttat (saM sde) 14061 Collr,s Avenue
6
810
Afl a Isla lagoon Ad- Ide 8rid, de1R9f
52Wbek4
$2,00
43
747
$765.44
765.44
$2,7711. 58
OM WASH P-`
1
s1e23.6o
Ae
52 Weds
5200
5700
5200
5 356
S 358.00
9
A9
Ad-. Ida G6-.
52 Weds
{;600
ft 600
SXWO
$2,678
f
2,478,001
;831.90
l0
Alli
fBktlt Ra J Nom 5. teles NO. to 172 W
32 We.W
$6.240
$5,240
$6.240
$0,427
6,427.201 S
474630
11
172„Scree
All
ham N. Rab ro Colin. Avr.
52 Week.
$5,200
$5,200
5
$5,356
3,356.00 f
5'673.80
17S.Ta
12
Ale
Nom AWnOc aNd.roCal�ro ale.
57 WeeW
1300
300
1339
1333.00 3
1,40{.95
L
A23
North 8. Rd (Iron 174 R. to 183 SL)
52 Weds
500
56,300
16.5m
scoss
6,695. $
7,09.75
1
A14
AWnac BaWfv.N(hem 175 TRe. ro 163591
52 Weds
680
$4,f80
680
620
692040 $
6,06147
15
177. DMt
AIS
frau Chureh d. a-49vd.
51 W..W
ILSSO
$1,560
sllmI,
$1.606.601
606.80 $
3,687'14
1
Ch M Cmt
416
Ihem 176 d, ro 171 Ekli
62 W.W
22,560
$$ ,Sao
$21%0
1606.80
$
1,667.14
176. DMe
Al]
If- A. Oa U. to Cesns ave,
52 WkeW
1560
]560
1560
3606.80
f
],867.16
IS
A18
178.Sueet
han N, BA Qe, to 176,,. R
52 W4
080
2
1 2.40
E142A-0$
1749.57
19
t)oe div.
A19
Ifrpm N. Boy Rd, to 174 R7
52 Weds
080
3080
DBo
214].
$
1749.30
2
IdO. Pi.t
A28
Nom N. Rd. W Atla dk Blvd.
52 We.W
080
O8o
080
2142
3
;349.10
21
IB4, Dine
421
Nom N.9d, a Aril-6vtl.
$2 WeeW
080
ON
$2.142
L142.00 $
4249.10
22
187n f7dvt
A22
from N. Rd. W 44..1, 91vd.
52 WeeW
0817
080
080
142
2,142.00 $
4249.10
!3
IB3.Stne
A27
hgm NPM f>• Ixa W ro Co101 Avtt,e.
52-4
Sum
080
2 142
2,142.00 $
;149.10
24
N. A., AW Ppestrl.a Em s-, 6,Id3f
424
Iran 17 IN St to 172nd SC
52 W.4
Wso
$5,990
Soso
6 159
9,159.40 4
$,467.37
25
owls LOa 9ylug fa Pi-N(70.y.A Wtek TWcr
121
A1s
ger A
10 400
10,400
1 400
10,712
10,712W $
14247.60
Obly 1109 PduD M A) _ 424 f7 dat A Wak-
16
9x6
IN
0 -Per DAy)
32 Weds
160
166
360
$4,264.601
41,264,20 $
114994f
B. BUSSNELTF0. AND BENCN LOCATIONS
CI
UMCMe
.U. L.h Ca-1Bn FA./Vat S2 W..kt
7900
90D
] 90D
17
27
BSl 7 EybH. .Oa SA.Rr laabon
S7
Weds
3900
]900 7900
017
1017.00 f
4,317.6'.
26
657 35la Bm 9tdRr I.W.W.du
52
5 730
$5,7201 15,7201
892.60
5,091.01 f
6,Id6.1'
29
053 (51 9n.19ps ShelOar bc449n
S2
Weds
1MI
340
$2,410,201
Z,410.201 $
2,630.7
Total
S2 W..W
$11,960
$111960 $11,960
$11,339
121319.00 3
12,970.7
C. PAWING LOTS ROW 4 NO ECREAT/Onnt
30
CI
UMCMe
.U. L.h Ca-1Bn FA./Vat S2 W..kt
7900
90D
] 90D
17
$
4017.00
4.317.65
31
C2
IMA, 6t.n bound Wili Le , Ryp PA p 52lV-4
1100
51.2w
SIX*
st.339
1,339.00 $
4405.95
32
C5
Dkn Wym. Pab,p Lot/&km Aust 52 Wedu
690
01600
6006717
$2,600
2,674.00 $
;$13.90
$765.44
746.44
perlw,p bt b Id the WAW-!& a 17534 CdIM
,B
B9
Cala Siaan
Near 189. Street on Calwf Avenue
52 We
2660
747
33
C.
Avers, 52V,
$1.560
1560
IS"
1 6NA0
3 60!.60 {
;667.14
34
CS
Ra pak Patdnp Lac 51 Weds
%7,8W
7800
7900
$5,014
0 034.00 $
4435.70
$1,
CS
um Wsta Panaq w 52 Wt
765.44
4160
4160
1"40
4 284.80
4149944
52 Wtde 1
(5
WBY Licav Pp lar Cl - CB (70rytA WMkI S2 Week.
$743
SYGS,44
765.441$2,775.55
41
81
MiW.nivm (rotls ode) 16671 CPWs.-
52 Weeks
XON
IndOdM
Ihdud
IDduded
ir.dudtd
1Nd d
1Wd.
35
4I
R.Q*l p,aA tib! l95ol Cobs Avy,a.
51 9heA.
$2,
sm
143
765.44
765.44
$;775.$
36
B2
Oa.n llrmM nde) SWS COW. Av
S2WeA.
%2,fiW
747
S
$765,44
76544
$3,773,5
37
B3
Wilum'Bar Inn. 19101 cmm, A-
Sx W.ds
$2,600
743
743
$765.44
746.44
$2,775.5
,B
B9
Cala Siaan
Near 189. Street on Calwf Avenue
52 We
2660
747
747
74%
765.44
$;775.
Future Ioc . of Vaadtm IV 16601 C 1
39
65
52 Wteke
*Z,6N
743
743
765.44
76S.N
f;770.
0.
M.- (north.ide) 1907 Calm A-
52 Wtde 1
S2.600
S7431
$743
SYGS,44
765.441$2,775.55
41
81
MiW.nivm (rotls ode) 16671 CPWs.-
52 Weeks
XON
767
47
76S.
76S.44
$2,775.6
42
Puscbe Des19t Tu (Na SW 145%
w
CNknf Ave
52 WMA
600
747SH
717
765,44
)y,44
$;776.
41
Pa.dte DmO Tw (Sou 5de)IBSSS
49
Cola Avr
52W
600
747
743
$745,44
765.44
$;775.
Trunp BeseN Rttat (saM sde) 14061 Collr,s Avenue
44
810
eontbnM al Aep,eline !,tad. Fidel
52Wbek4
$2,00
43
747
$765.44
765.44
$2,7711. 58
4s
EI
waBe, anaaY,
S1 Waalu
$20dW
(20,800
WAN
$21,424
$
21,424.00
22496.20
e'S
Bll
Nn. 17Be5Yen an [ohm Prcrvxe
Sx wectaS16WI
743
S743
$765.441
765.46
52775
c6
Rnnaya imM uGl nnibintl wl 1]559 EOB:w
Avav,e
31 Wells
570.400
510,400
;10,400
$10,712
1D,712.00
5
617
nanaem at N aeua Yye
53 ww
2 600
743
743
742.M
765.44
52778.
ai
Eq
r -ft Ot— Ck6 (—U d&) 17175 Cabe
57
$3,vw
7 900
S4AI7
4.817.M It
4,217.65
so
813
Avmue
52
S2.60a
743
11741
VW44
765."
f]r776,5
41
E6
Donn W (mulls Yde) 17201 Cama A— .i W w
53..
8 200
6 100
$5.zoo
$5,356
3 356.00 $
1,623.60
BEa
IAuea reTttla)
S2 Weeb
$2,600
743
743
SM.44
76544
$2,775.6
49
81$
lade Ooun lnoM mel l]IIl CaSina Avenue
52
$2,6W
s7431
$742
$765.44
765.44
52776.5
62
E6
3a6e on the Buys (-n ewe) temdnad wY 1X01 Color
52 Weeaa
800
$3,806
113,11001
$4,01114,017AGI
!
4,117.85
5
Avenue..W dw!RSM 1—N)aye SW—
(nameaale)1)0]oC96mPWIIY4
$
$
S
2.775.36
B16
Sl w eds
f00
747
713
765.44
765.44
51
817
Dram (aa.6t me) 16425 Celma Arcnue
52
IF 600
743
743
$769.44
765.44
$2,775.5
S7
BIB
laenlnomieda) 16175 IA--
52 wedu
600
74]
743T6s.44
765.44
$7.775.5
Sl
Trvnp Towv 10 ( siM115111 Cdtm Awnue eembined
Big
wl Ca
ARl anron Bnlderien f— "d.1,52
weeks
2600
74:]
747
765.44
763.44
112,77S.
53
Bid
TmmY Town 1
52.w tl
A7431
$765,44
765.44
52,775.5
EcOyERNNENT 7ACILiTIE9, ROW AND
5E
EI
SvmY IYea Beaty Gaaemme4 [a4v 18070
Arcnue
S1 Waalu
$20dW
(20,800
WAN
$21,424
$
21,424.00
22496.20
e'S
Q
Smrmwar Pom at 5— 1" 6a4evara am
6
11,247.60
'm Av
31 Wells
570.400
510,400
;10,400
$10,712
1D,712.00
5
E7•
amwat� Porti at 6unrtl 1Yn 8a4+s,O sn0
S7 weWa
;86200
;5,100
;5,300
;5,166
5
5,756,00
5,627.80
S71
Eq
5m ---Pell n 5„mY Ides 8oabrc d on Wnt ma
57
$3,vw
7 900
S4AI7
4.817.M It
4,217.65
so
ES
Npman S.Edd,,p 84Sthod
52 Wa
15608
MAW
sts."o
aliLogs
16060.0 f
16,871.40
t9
E6
ftt iK Wa Cary»und wda Wm L— C!=,
53..
8 200
6 100
$5.zoo
$5,356
3 356.00 $
1,623.60
E5
Dah Lea P,rhup Yor Fl -f3
52 We
100
11512oo
$5,2041
*11.3116
S,35646 6
$,621.80
6l
E6
Twm Cents CenewvWen An%(11670 ABa,dc 9Nd)
Rwe
800
7800
7800
8034
8034.00 5
81431.70
62
E6
Bela Wad Consenatlon 4 (wo henry t" fwd)
52 Weeaa
800
$3,806
113,11001
$4,01114,017AGI
!
4,117.85
Contract Tol41 52 w4ek1 5461,920 $424,780 542/,780 $435,287.80 $436,287.89 S 498,904.47
Supplemental Servke9 ("On Uemandn)
Sec"M
111
(This Is Not Included in the Monthly Maintenance)
25.00
MM! The quantities shown In this Bid Farm are estimates only! They may vary sigtblicantly from the actual quentmes ordered by the City. Payments shall be lot the units ordered,
dared, and accepted by the Gly. The Bidders, by signing this Bid Form and Contract, 6* acknowledges that he/she will receive
75.71
no additional compensation (no overhead, no anticipated profits, etc.) other than the proposal unit price of Ine Items times the number of items auMorta d, ordered, placed, and
accepted by the City.
80.00
UNIT ►RICE
Coecoloba jvifer� Seagrape
25.00
No.
Rd Item No.
DESCRIPTION
EaL Qry.
For One item)
30=2.1023
2. PLANT REPLACEMENT
Shrubs B Groun*.vg!,
Cacalaba Seagrape
Aechmea bknchetia. - Orange
81.00
69.00
11
Bromeliad
25.00
15.45
1x.93
16.22
Codlaeum venegatum'Nammey'-
l ,lion
82.00
114
Croton
Aechmea olaMFk"In, - Orange
6.24
6.65
70.00
12
Bromeliads
15.00
30.90
32.46
Codiaeum varsegetum'Petra-
7 a11on
83.00
7200
13
Ncantaree impedalis-impenal
25.00
61.50
8.65
64.89
3 alon
Bromeliad 17" Pot
Canacarpus erectus- Green
ArxNs glabrata - Rhirrnna
84.00
72.00
14
(Peronnial) peanut
200.00
4.12
8.65
4.33
3a9on
I quillon
Conotatpus eteQus -Green
Cappads tyno oD a - lamaira
85.00
73.00
15
Caper
50.00
8.24
32.45
8.65
7 Agan
3 gallon
Conocarous ereceus'senceus'
Chrysobalanus I--Hprhomal'
6600
74.00
16
Nori2oMa/!;'ofaplum
50.00
10.30
9'65
10.82
J gallon
3 Allan
COnocarpus efectus'Sertceus'
Chrysohalanus Ica<a'Red Tip' -
87.00
119
MAW HOMO -00d50.00
75.00
17
Cocoptum
100.00
7.22
7.57
3 a9ons
32.45
CDrdylne blicosa'AuunleLou'-Tn
Chrysobali m s 1tatD'Red lip' -
8800
120
Plant
76.00
18
Cotoptum
25.0
Sa.05
18.95
7 .Milo
Cordylme bulWilled Sister -71,
7700
19
Clusia gultifera - Small Leaf dusua
25.00
11.33
121
11.90
200.00
9.27
3 gall.
9.73
3 gallon
79.00
110
Clusia gultifera - Small teat Clusia
200.00
36.05
122
37.85
15.00
30.90
1 gallon
32,45
79.00
111
Clusia guttlfera - Small Leaf Clusia
25.00
72.10
75.71
15Alton
80.00
112
Coecoloba jvifer� Seagrape
25.00
8.14
8.65
Cacalaba Seagrape
81.00
113
7viMO�
25.00
16.03
1x.93
Codlaeum venegatum'Nammey'-
82.00
114
Croton
25.00
6.24
6.65
3 gallic.
Codiaeum varsegetum'Petra-
83.00
Us
Croton
25.00
8.24
8.65
3 alon
Canacarpus erectus- Green
84.00
116
sun on..d
100.00
8.24
8.65
3a9on
Conotatpus eteQus -Green
85.00
117
Buttonwood
50.00
30.90
32.45
7 Agan
Conocarous ereceus'senceus'
6600
118
5,Aw IfutfonWwd
100.00
8.24
9'65
J gallon
COnocarpus efectus'Sertceus'
87.00
119
MAW HOMO -00d50.00
30.90
7 atm
32.45
CDrdylne blicosa'AuunleLou'-Tn
8800
120
Plant
25,00
9.27
9.73
7 anon
Cordylme bulWilled Sister -71,
89.00
121
plant
200.00
9.27
9.73
3 gallon
9000
122
Crinum augu0�n'queen Emma' 7
15.00
30.90
32,45
DianeRa tasmanica'Vanegata'
91.00
123
Vari*tAdB/rrb-y f7a1 lily
25.00
5.67
S.95
1gallon
92.00
124
African Ins
Dielesvege 3 -
25.0
8.39
,White
La
8.65
Emodea IRalis - Golden Beach
lor
93.00
125
Creeper
2510
5.15
5.41
i gallon
94.00
126
R cw m1crocarp'en Island' 3
200,00
10.30
10.82
9500
127
Focus mic-pa'Green Island' 7
50.00
Stowers' 3 gallons
gakn
800.00
33,48
35.15
95.00
128
Ficus pumila-C7eepin9 Fig
7.57
113.00
145
Schelena arboricola Trinehe' 3
300.00
1 ala
25.00
5,15
gallon
5.41
8700
128
Furcraea foetida - Erect False Agave
25.00
25.75
9.27
9.73
L14.00
7 gallon
SO.,- arbodcola'Trinette' 7
100.00
27,04
96.00
130
Hamelia nodosa -Dwarf Firebush
25.00
30.11.
24.72
6,24
115.00
6.65
99.00
131
Mamela patent-Fbebush
gad.
albrt
75,00
6.24
6.65
100.00
132
1 -'Nora Grant- 3 9a1on
200.00
8.24
6.65
101.00
133
7asminum voluble - Wax Jasmine
300.00
25.00
l allon
6.24
6,65
102.00
134
Linope muman'619 Blue'- Lilyturl 1
200.00
4.12
4,33
Serena repans'Cinerea'. Saw
9alan
117.00
149
Palmetto
25.0
Miaosorum scobpendria -ware
7 1WOn
103.00
135
Fern
25.Ofl
9.27
9.73
118.00
3 Gal.
Palmetto
25.0
Muldenbergia capillads - Mu4 N
82.40
86.52
119.00
104.00
136
Gass
100.00
6.24
8.55
3 0allon
3 all.
9.73
120.00
152
Spartina baked -Sano Cord9rass
25. 00
Mymianlhea grans - Simpson
1 Re.n
10500
137
Stopper
25.QO
8.24
8.65
121.00
!M anon
Gamagrass
100.0
Neomadca teeruea'RegkW
7.21
7.57
106.00
138
Apostk's Iris
25.00
6.24
I22.00
8.65
Fakahatthea Grass
100.00
3 gallon
3 anon
107.00
139
Nephtolepis esaltata - Boston Fern
190.00
2.58
UNola panlndata - Sea oam
2,71
t gallon
155
1 anon
200,00
5.15
101.00
140
Ph2odendron'Rojo Congo' gallon
25.00
9.27
9.73
124.00
156
POdocarpus macrophyfk- -
25.0
_
109.00
141
lapatRu Yew
50.00
35.95
38.80
Zamia pumila - Coontie
T anon
-
12500
157
7 anon
25.0
30.90
Psychotna Iigus6ifolia - Bahama
Trees 9 palms
110.00
142
CoBee
25.00
7.21
7.S7
7 anon
111.00
143
PsychoMa nervosa - Wild CoNaa
25.0
7.21
7.57
7 gallon
112.00
144
Ruellia brilloniana,PW*
50.00
Stowers' 3 gallons
7,21
7.57
113.00
145
Schelena arboricola Trinehe' 3
300.00
gallon
9.27
9.73
L14.00
146
SO.,- arbodcola'Trinette' 7
100.00
gallon
24.72
25.96
115.00
147
50elkne arbaricola'Daack' 3
100.00
gad.
9.27
9,73
116.00
146
Scheflerra afiorkola'Emerald
25.00
Green 3 gallon
8.24
8.69
Serena repans'Cinerea'. Saw
117.00
149
Palmetto
25.0
7 1WOn
36.05
37.85
Serena repens'CineKa' -Saw
118.00
150
Palmetto
25.0
15 alb-
82.40
86.52
119.00
151
Soptwra lomemou - Necklace Pod
25. 00
3 0allon
9.27
9.73
120.00
152
Spartina baked -Sano Cord9rass
25. 00
1 Re.n
7,21
7.57
TnpsdCUm nntlanum - Florida
121.00
153
Gamagrass
100.0
3 anon
7.21
7.57
Tnpsacum da4tykldes-
I22.00
154
Fakahatthea Grass
100.00
3 anon
731
7.57
UNola panlndata - Sea oam
123.00
155
1 anon
200,00
5.15
5.41
2amia Porluracea-CaNboard
124.00
156
PMm
25.0
_
7 6861
30.90
32.45
Zamia pumila - Coontie
-
12500
157
7 anon
25.0
30.90
32.45
Trees 9 palms
128.00
160
Bursera sirremba -'Sumba Limbo
3.0
12'hL
309.00
S
324A5
Chamaerops humilis- European Fan
129.00
161
Palm
3.00
243.34
3'-41,1.
231.75
Cbrysophyllum oliviforme • Saw
130.00
162
Leaf
3.00
135.19
6' o.a.
128.7S
131.00
161
Clusla gultifere • Small Leaf Ch41a
3
S
237.93
IO' ht.
226.60
132.00
164
Clusta rosea - Pilch Apple
3.0
S
2 37.93
12'hL
226.60
Coccoloba diversfolia - Pigeon Mum
133.00
165
3.0
f
324.45
12' ht.
309.00
134,00
166
Coccdoba uWfera • Seagrape
3 00
$
324.45
72' ht.
309.00
Cocos Nucifera Gr. Malayan -
135.00
167
Coconut Palm
3.00
540.75
4' .w
515.00
Coos Nucifcra'Gr. Malayan -
136.DD
166
Coconut Palm
3,0
;
702.96
B' .w.
669.50
Cocos Irucikra'Gr, Malayan' -
13700
169
Coconut Palm
3.0
i
1,081SO
72' w.
1030.00
Cocos Nrxifera'Gr, Malayan"
136.00
170
Co,xnut Palm
3,cio
1,836.55
10' w.
1,751.00
Congcarpus vcctus •Green
139.00
171
Buttonwood
5.0
f
324.45
12' M.
309.00
�-
Concicarpus arectus'Sericeus'
140.00
172
SIA-Batfonryoad
5.00
309.00
i
324,45
f
;270.37
12' hl.
141.00
171
Cordia sebeslena- Orange Gelger
9.0
f
$540.75
12' ht.
257.50
Dclonix regia- Royal Poinciana
142.00
174
16' ht.
30
515.00
i
$243.33
Rex cassine - Oahoon Holy
143.00
175
10, HL
3.0
x31.75
i
324AS
Wugioda,dron femcum- Black
144.00
176
Imnwgod
1.0
S
$757.05
12' H1.
309.00
Ilgu5lrum japonicum • lapanese
105.00
177
Privet
3.0
$
324.45
10'ht. Mulb-trunk
721.00
13Wetona OW -4 Fan
146.00
178
Palm
3.0
12'-14' hl.
309.00
14700
179
Lysiloma ktielliqua - Wild Tamarind
3.0
$E286.60
12'ht.
309,00
Myrcknthee fragrans - 5impWA
148.00
180
Blooper
3.0
S10'hL
272.95
149.00
181
PandanusNibs-SaewPirie
3.0
f
l0' -IT hL, tri trunk
41x.00
Phoenix dacryifera'Medjool'
150.00
182
16' c.t. to nut (certifu46on required)
10.00
5,974.00
$
6,272.70
Phoenix dactylHera'Medjod'
151.00
183
10.00
11,
7,462.36
22' c.t. to nut (certification required)
7,107.00
Phoenix sylvestris- Sylvester Date
15200
184
Palm
3.00
4,163.78
140 to nut
7 965.50
Phoenix roebelenil • Pygmy Date
153.00
185
Paim
5.00
269,05
6'-8' m., triple
xS7.00
Prychosperma elegans - Alexander
15x00
186
Palm
5.0
;
216.30
2 hl OauGe trunk
206,00
Piychosperme elegan6 • $oiltare
155.00
197
Palm
5.00
410.97
20' ht. d k
391.40
156.00
18B
Roysionea Vaca • Ronde Royal Pain
5.00
IF
1,892.63
16' .w.
1 2.50
157.00
189
Royston¢, ekfa - Florida Royal Pain
5,
f
973.35
8' .w.
927.00
158.00
190
Sabal Oalmetto - Cabbage Palm
10.00
i
216.30
16•20' ht,
x06.00
159.00
191
Taxodium distichum - Bald Cypress
5.00
297.41
12' hl,
283.25
7hrklax radiata - Florida The"
16000
192
Palm
3.0
$
378.53
B' ht.
1 360.50
Veitchia mantgomeryana -
16I.00
I93
Montgomery Palm
5.0
$
30162
Veitchla mattgomeryana
--
162.00
I44
Mont9amery Palm
5,g
8 605.64
596.00
5.13
IB'•20'ht. tri a Wnt
576.80
163.00
I95
WadYatia bi7urtata-Foatail Path
5.40
165.00
5.0
721.00 4 757.05
sob ot4l Stolon 9" Unes No. 69 -163;
I. MATERIALS
--
160.00
596.00
5.13
JI
Coconut Palm OTC Injection
Aop6rNM
5.40
165.00
395.00
32
Date Palm OTC Injection
App6taH4n
166.00
TopWI (70/30 Mix) Delivered and
200.00
48'67
Iretaled
46.35
J3
Cu. Yd.
L67,00
Premium Gold Mulch Delivered and
1,500.00
_
Installed
74
Cu. Yd.
32.96
34.61
166.00
Premium Gold Mulch Delivered and
100.00
3.52
installed
3 35
15
Bags 2 cu. R.
169.00
e70 Trap Sand Delhered and
700.00
Installed
16
Cu. Yd.
30.90
IN
32.45
170.00
Atlas 3000 (or equal) Mix N11 eyed
100.00
and Installed
17
Cu. Yd.
$3.56
$614
171.00
Solid St. Auqustlne'Flonwim' Sod
2,500.00
Delivered and Installed
HI
Sq. Ft.
0.72
0.76
60 pallets
172.00
Solid St. Augustine'Floratanl' Sod
0e11vered and Installed
19
(500 SF
360,50
S
37853
Each
Solid Bennuda'ThvaY 419'Turf
5 pallas
173.00
Delivered and Installed
]to
(400 SF
412.00
;
432,60
Each)
Solid Paspa(um noratum'Argentine'
5 pallets
17x.00
Bahia Sod Delivered and Installed
Jll
(9005F
566.50
S
594.83
Each
175.00
12
Dalm Bath Ca Rork
4Sq. H.
41.20
43.26
Suttogl Section "J" Lines No.
145 -175:
K. I ASOR
176.00 100 Hours (Sam - 5pm, M -F)
KI One Lvids,cape Superintendent 30.90
32.45
177.00 100 Hours (All other times)
K2 One landscape Superintendent 41.20
43.26
178.00 too Hours ($am- Spm, Mi)
K3 One Landscape Laborer 25,75
27.04
179.00 100 Hours (All other times)
K9 One Landst a Laborer 25.75
27.Q4
1II0.00 75 Hour (Bam - Spm, M F)
NS One hK anon SpedMist 30.90
32.45
181.00 50 Hours (AI other Hma)
K6 One Int ation Svedalist 41.20
43.26
182.00 75 Hours (Sam - 5pm, M -f)
K7 One litigation Laborer 25.75
27.04
181.00 50 Hours (Al glh4r Ames)
KS One Irrigation Laborer 25.75
27.04
Subtotal Section "K" Una No. 176 -163:
L EIQ UIPMENT
One Front End Loader wltn
184.00
Backhoe, Including an Operator
(Hourly Rate)
LI
5 Hours
61,80
64.89
One Front End LOWer with
185.00
Backhoe, including an Operator
'
(Daily Rate)
L2
5 Days
438.00
459.90
One Setf Propelled 24' Deep by 6'
190.00
One 15,000 GM (Wlarger) Dump
_
186.00
Truck with an Operator (Hourly
'
L7
Rate)
5 Das
309.00
324AS
19100
L3
Bucket Truck (equipment orgy)
5 Hours
46.35
48.67
(Hourly Rate)
187.00
La
One 15,000 GVW (or larger) Dump
Truck with an Operator (Daily Rate)
20 Hours
66.95S
70.30
192.00
L4
Chipper Brush (equipment only)
5 Days
350.50
378.53
One Trailer Mounted Water Tank
188 Og
L9
(500 gallon minimum) with Pump
and Hose Reel
20 Hours
10.60
11621.63
191.00
Li
Dail Rate
5 Das
206.00
216.30
One Self Propelled 24" Deep by 6"
189.00
Wide Trencher with an Operator
(Hourly Rate)
L6
5 Hours
61.80
64,89
One Setf Propelled 24' Deep by 6'
190.00
Wide Trencher with an Operator
_
(Daily Rate)
L7
5 Das
309.00
324AS
19100
Bucket Truck (equipment orgy)
(Hourly Rate)
La
20 Hours
66.95S
70.30
192.00
Chipper Brush (equipment only)
-
(Hourly Rale)
L9
20 Hours
10.60
11621.63
191.00
Stump Gander (equipment only)
-
(Hourly Rate)
L1O
10 Hours
51.50
f
54.08
Grapple Loader
194.00
LIl
(30 cu. yd. capacity, equipment
Hour) Rate
10 Hours
51.50
;
Sf.OB
195.00
Bulldozer (Including Operator)
(Houdy Rale)
L12
10 Hours
51.50
54.08
196.00
Bulldozer (Including Operator)
(Dally Rate)
L13
5 Das
412.00
432.60
Subtotal Section "L" Una. No. 114-196:
M. MISCELLANEOUS
ITEMS
0..1191 Ball Field Netting At Petco"
100 00
l9).00
Communily park B G- Margate:
M1
Park
Square Yards
7.73
8.12
198.00
Pressure Clean various City Facilities
IA
and sidewalks throughout the City
M2
Day
247.00
259,35
Instal City -issued Banners or Flags,
199.00
Including Repairing or Replacing
200 00
M3
City-issueDirectedBanners d Danner Arms, as
Bann
10.30
;
10,92
Move Lifeguard Slands (in both
100.00
normal and
'
M4
extreme weather conditions)
20 Moves
206.00
216,30
10100
Remove a Cover Graffiti, as
Directed
MS
50 Houm
25,75
27.04
202.00
t0,
100.15
M6
Bee, Wasp &Hamel nest removal
Ramovab
103.00
;
Pre"emi"e Mosquito Control within
203.00
GN Rights -Way
10.00
M7
(excluding Cogins 0."e. & Sunny
Irks Blvd.
His
51,50
;
54,08
204.00
Preventive Mosquito Control within
100.00
Catch Basins with Altosld Bnquets
M8
I
Briuela
7 24
t7.01
205.00
395.00
-
M9
Dale Palm inn iclde -$t on.
Applxabcm
20.fi
21.63
1
I
100lirrear Foot
8.7
9.30
206.00
MIO
Deep Root Root bank,
The following rates shall be au inclus2ve of labor, equipment, maintenance, lel, delivery costs, travel time, per diem and any other travel or micceilansous expenWL
107.00
M11
Operations Manager w/ Cel Phone
Hourly Labor Rate
and .5 Tan Pickup Truck
61.8C
$
64.8
208.00
M12
Tree Climber/ Chainsaw and Gear
Hourly Labor Rate
92.70
S
97.3
209.00
M13
Laborer wf Small Tools, Traffic
Hourly labor Rate
Control or Flag Derson
28.84
$
30.2
210.00
M14
Skilled Sawman
Hourly Labor Rate
41.2
$
47.2
Loading an Hauling Debris nom
Public Property and Rights - f -Way
(vegetative or construction debris{ to
a Temporary Debris Staging and
Reduction Site per Cubic Yard within
Ctv Limits
211.00
(Estimated 5,000 cubic yards)
MIS
-
Per Cubic Yard
15.4
L6.22
Loading and Hailing Debris from
Public Properly and RightsoM1Wey
(vegelative or construction debris) to
e Final Disposal 51. per Cubic Yard
within IS miles of City limits
(Cetimated 5,000 cubic yards)
212.00
MIG
Per Cubic Yard
36.0
37.8
125 00
Loading and Haling Debris from
Hourly Labor Rate
Pudic Property and Rightsaf-way
213.00
M25
(Wgetab" or coKtru[ticn debris) to
74,lt
77,0
a Hnal Disposal Site per Cubic Yard
226.00
in excess of 2S miles (Estimated
5,000 cubic Verdi)
M26
Per Cubic Yard
I0.3
S
f
M17 1
Subtotal Section "M" lima No.
160 -126:
36.05
1
37.85
214.00
H18
CollinsRed--by
INgpingl1rindling parCublc Yard
Per Cubic -,it
10.
$
1081
Removal of Hazardous Trees and
Limbs Work cordsts of removing and
placing diem at a City approved
location an the City ROW.
215.00
6 inch to 23.99 inch diameter
M19
Each
3D9.00
5
32445
216.00
M19 (A)
Continued -
24 inch to 35.99 111th diameter
Eacn
515.00
540.75
M19 (0)
Continued...
217.00
36 inch and larger diameter
Each
927.00
971.35
Removal of Hazardous Stumps Rate
includes removal, backfill of stump
216.00
hole, reducfian, and final disposal.
Sizes as blows: 24.1 Inch to 36.99
Inch diameter
M20
Each
It
515.00
540.75
219.00
M20 (A)
37.1h 10 40.99 inch dlemeter
Each
616.0
648,90
220.00
M20 (0)
49 inch and 18r2a diameter
Each
927.00
$
973.35
221.00
Generator, $00 0.W, List IN
Hourly Labor Rate
Capacity (Daily Rate)
M11
103.00
s108.!5
222.00
Wheel Loader, 3 CY, 152 HP
Haunt Labor Rate
(Including Operator) (Daily Rate)
M22
133.9
140.60
Dozer, Tracked, D4 or Equivalent
223.00
(Including Operator)
Hourty Labor Rate
M23
Dai Rant
123.6
$
129.79
Tub Grinder 90010 1,000 HP
224,00
(IncluOing Operator)
Hourly Labor Rate
M24
= Rao)
669.5
702.98
125 00
Track, Flatbed(Includirg Operator)
Hourly Labor Rate
(Hourty Rate)
M25
74,lt
77,0
Dead Animal Car.-, Work
226.00
consists of coectian, Hauling shp
final disposal at dead anmal
cartacses,
M26
Pa ound
I0.3
10.62
Subtotal Section "M" lima No.
160 -126:
Attachment "C"
Brightview Landscaping Services, Inc.
NNv t`F
v � n
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 287.1351
1, 0we5 ��Td,0 ,"on behalf of B yi M412JJ�-jP,i tiCzo C�
Print Name dompany Name
certifies not:
`J Compan Name
1. Participate in a boycott of Israel; and
?. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
Signature
5�� P
Title
Date
Attachment "D"
Brightview Landscaping Services, Inc.
E -Verify Affidavit
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (https://www,e-verify.gov/emplovers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
r,0�,A )wuq)1AAC cr� pirk/ i Ift c_
Comp rly N�re 1
Offeror ,Signature
V Il lUV 1 -Pc�
rnt'Name
Federal Employer Identification Number (FEIN)
Q - 12 -2,2 -
Date
Sal?
Title
• • •
Sworn to and subscribed before me on this this day of 2022.
By rl
JA0A[e �—
_-�s personally known to me %
Has
'-�igl"14te'oM ary Public
Print or Stamp of Notary Public
identification produced:
pATRICIASOTO
MY COMMISSION it Cid 010610
EXPIRES -. WOW B,u
o; 1FwNOWY
a4�CA9�♦ Q \q�S�.y
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Audra Curts-Whann, Assistant City Manager
DATE: September 15, 2022
RE: Approval of a Fourth Amendment to the Agreement with BrightvieN
Landscape Services, Inc., for Right -of -Ways and Facilities Landscape
Maintenance Services
RECOMMENDATION:
Staff recommends the approval of this Resolution.
REASONS:
In July 2018, the City Commission approved a bid award and agreement with the lowest responsivE
and responsible bidder, Brightview Landscaping for landscaping services for the City's Rights -of -Way.
This agreement was renewed for one year in 2020. The City is satisfied with the service provided and
now wishes to exercise its fourth and final option to renew with a term commencing on 10/1/22
through 9/30/23.
Approval of this item will add $700,000 to the original contract amount which is budgeted for in the
general fund of the proposed budget.
ATTACHMENTS:
Resolution
Fourth Amendment
Item Number: 10.11
380