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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