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HomeMy WebLinkAboutReso 2008-1224 RESOLUTION NO. 2008- I ~ ~ ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 07-10-04 TO AND ENTERING INTO AN AGREEMENT WITH LUKES- SA WGRASS LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE SERVICES, IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), ATTACHED HERETO AS EXHIBIT "A", BASED ON THE PRICING, TERMS, AND CONDITIONS LISTED IN THE BID RESPONSE, A TT ACHED HERETO AS EXHIBIT "B"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of a contractor to furnish all materials, equipment and labor for landscape maintenance services in the City of Sunny Isles Beach; and WHEREAS, the City issued and advertised Bid No. 07-10-04, for Landscape Maintenance Services, for which four (4) responses were received; and WHEREAS, staff has determined that the bid response from Lukes-Sawgrass Landscaping, Inc., attached hereto as Exhibit "B", is the lowest most responsive responsible bid; and WHEREAS, City staff have recommended the bid award, based on a careful review of the line items and consideration for the Contractor's reputation; and WHEREAS, Lukes-Sawgrass Landscaping, Inc. has expressed its ability and desire to provide these services; and WHEREAS, the City wishes to award Bid No. 07-10-04 to and enter into an agreement with Lukes-Sawgrass Landscaping, Inc. to provide services on a unit price basis for Landscape Maintenance Services, in an amount not to exceed Five Hundred Thousand Dollars ($500,000,00), 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. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 07-10-04 to and enters into an agreement with Lukes-Sawgrass Landscaping, Inc, for Landscape R2008- Lukes-Sawgrass Landscape Maintenance Srvs Agrmt (Bid# 07-10-04) Page I of2 Maintenance Services, in an amount not to exceed Five Hundred Thousand Dollars ($500,000,00), attached hereto as Exhibit "A", based on the pricing, terms, and conditions listed in the bid response, attached hereto as Exhibit "B". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 21st day of February 2008. ATTEST: ~-AtL Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM Moved by: (\~~ ~~'Z...2JJ/ Seconded by: C()~~ SC-\-\C L...L Vote: 4 -0-1 Mayor Edelcup V'CY es) Vice Mayor Thaler ~Y es) Commissioner Brezin t/ (Yes) Commissioner Goodman EcY es) Commissioner Scholl ~(Y es) _(No) _(No) _(No) _(No) _(No) R2008- Lukes-Sawgrass Landscape Maintenance Srvs Agrmt (Bid# 07-10-04) Page 2 of2 OF iUl'l CITY OF SUNNY ISLES BEACH AGREEMENT WITH LUKES LANDSCAPING, INC. CONTRACT NO: C0708-040 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in triplicate, this ~ J~ day of ~u~ ' 2008, by and between the CITY OF SUNNY ISLES BEACH, Florid, (hereinafter referred to as "CIty"), and LUKES LANDSCAPING. INC. (hereinafter referred to as "Contractor") whose Federal J.D. # is RECIT ALS WHEREAS, the City is need of landscaping services to include maintenance of landscape medians, trimming and/or removal of trees, planting and re-planting of narrow medians; and WHEREAS, Contractor has expressed the ability and desire to provide these Services subject to the terms and conditions contained in its proposal as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the City desires to contract with Contractor to provide the Services described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the City desires to enter into an Agreement with Contractor to provide the Services in a total amount not to exceed Five Hundred Thousand Dollars ($500,000,00), NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: 1, RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The scope of services includes the procurement of landscape materials and/or services on an as needed basis as per Attachment "A", items A-I through K -12, The Services shall be performed by Contractor to the full satisfaction of the City, 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 immediately 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 befitting 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 C0708-040 LUKE'S LANDSCAPING INe. AGREEMENT Exhibit "A" City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services, 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end one (1) year thereof. The term of this Agreement may be extended for an additional term at the option of the City, Payment will be made only for work completed to the satisfaction of the City, Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete, Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 4, COMPENSA TION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto, Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City, This certifies that all services have been properly performed and all charges and costs have been invoiced to the City, Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 2 C0708-040 LUKE'S LANDSCAPING INC. AGREEMENT '- City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 5. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 6. INDEPENDENT CONTRACTOR RELATIONSHIP, The Contractor is an independent Contractor and shall be treated as such for all purposes, Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only, Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days, 8, INSURANCE. CONTRACTOR shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractor s or employees, as indicated 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) per occurrence and Two Million Dollars ($2,000,000) aggregate. o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability, 3 C0708-040 LUKE'S LANDSCAPING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits provide total coverage of at least Five Million Dollars ($5,000,000), Insurance required of the Contractor shall be primary to, and not contribute 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, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. 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. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub-Contractor s 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. 9, 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 cure 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, Under no circumstances shall the 4 C0708-040 LUKE'S LANDSCAPING INe. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax City be obligated to compensate Contractor for lost profits, or any resulting or consequential damages, (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii,) Notwithstanding the foregoing, the Contractor shall not be relieved ofliability 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 9 A(i) and A(ii) shall be applicable hereunder. C, Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors, 1 0, ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association, The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida, All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such prOVIsIOns, 5 C0708-040 LUKE'S LANDSCAPING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305)-792-1701 Sunny Isles Beach, Florida 33160 Tel: (305)-792-1702 If to the Contractor: Luke Facarazzo, President Lukes Landscaping, Inc. 3920 N.W, 94th Avenue Hollywood, Florida 33024 Tel: (954) 431-1111 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, Venue shall be in Miami-Dade County, Florida, 14, 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. 15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance, The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, 6 C0708-040 LUKE'S LANDSCAPING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause, The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U,S,C, 708), which prohibits discrimination against the handicapped in any Federally assisted program, 16, CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict ofInterest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are 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 contract or to any benefit arising therefrom, 17, CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 18, ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. 19. 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 from and against claims, damages, losses and expenses (including but not limited to attorney'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 in the performance of 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 professional 7 C0708-040 LUKE'S LANDSCAPING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable, The parties agree that ONE HUNDRED DOLLARS ($100,00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. The Contractor hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration from the City in exchange for giving the City the indemnification provided herein. 20, COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21, UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon ten days (10) days written notice to Contractor . 22, INCORPORATION INTO AGREEMENT. The City's Invitation to Bid No, 07- 10-04, as well as the Contractor's Response thereto, are expressly incorporated into this Agreement by this reference, 23, 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. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto, D, Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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. 8 C0708-040 LUKE'S LANDSCAPING INC. AGREEMENT 1 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above, WITNESSES: LUKES LANDSCAPING INC. . . . . . . . . . . . . . Print Name BY: Luke Facarazzo, President :1W:-:-' :-:-: .'. I . .. .. . . . . . . . . .. ., . . . . . . . . . . . . . Signature WITNESSES: Signature Print Name ATTEST: BY: Jane A. Hines, CMC, City Clerk CITY OF SUNNY ISLES BEACH o ' BY: fl'/t~7~ N rman S, Ede1cup, Mayor APPROVED AS TO FORM AND LEGAL SUFFI<2 iENCY 9 C0708-040 LUKE'S LANDSCAPING INC. AGREEMENT ll.we~ ~ TC1f\" met Dr nu ;ARE 2200 N. 30th Road, Hollywood, Florida 33021 Phone: 954-431-1111 . Fax: 954-433-1111 Sunny Isles, City 18070 Collins Avenue Sunny Isles Beach, Florida 33160 A TT: Rick Conner ,DATE PROPOSAL # 2/6/2008 2080036 PROPOSAL E-mail REP APPROVED BY: PROJECT P,O, NO. gdacal@lukeslandscaping.biz LF 2080036 bid form 2008 DESCRIPTION QTY COST TOTAL SCOPE OF WORK: PROCUREMENT OF LANDSCAPE MATERIALS AND/OR SERVICES AS PER ATTACHED BID FORM ITEMS A-I THRU K-12 ONE YEAR FROM EFFECTIVE DATE 1 500,000,00 500,000.00 If the above Proposal is acceptable, please sign & return TOTAL $500,000,00 Exhibit "B" ATTACHMENT "A" BID FORM FOR THE LANDSCAPE MAINTENANCE SERVICES NOTE: The quantities shown in this bid form are estimates only! They may vary significantly from the actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The Bidder, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.) other than the bid unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. 7.6. Bid Form ITEM DESCRIPTION QUANTITY UNIT BID TOTAL A. PLANTINGS & APPLICATIONS Al Seasonal Color Replacement: Plant I plants x $ 1.65 4.5 inch Impatiens and remove old Per Plant = plantings; and fertilize with Osmocote@ A2 Seasonal Color Replacement: Plant I plants x $ 1.65 4.5 inch Begonias and remove old Per Plant = plantings; and fertilize with Osmocote@ A3 Seasonal Color Replacement: Plant I plants x $ 1.95 4.5 inch Caladiums and remove old Per Plant = plantings; and fertilize with Osmocote@ A4 Seasonal Color Replacement: Plant I plants x $ 2.25 1.0 gallon Impatiens and remove old Per Plant = nlantin!':s' and fertilize with Osmocote@ A5 Seasonal Color Replacement: Plant I plants x $ 2.25 1.0 gallon Begonias and remove old Per Plant = plantings; and fertilize with Osmocote@ A6 Seasonal Color Replacement: Plant I plants x $ 2.50 1.0 gallon Caladiums and remove old Per Plant = plantings; and fertilize with Osmocote@ A7 Plant Euphorbia milli 'Rosy' (Dwarf I plants X $ 5.00 Crown of Thorns) I gal. and remove old plantings; Per Plant = and fertilize A8 Merit Soil Drench for Royal Palms I Applications X $ 12.00 Per Application! Per Tree - A9 Cygon Foliar Spray for Royal Palms I Applications X $ 10.00 Per Application! Per Tree - PAGE 29 OF92 BID No, 07-10-04 AIO Phoenix Dactilfera Maintenance I Applications X $ 45.00 (4 x per year) Per Application! All Coconut Palm OTC Injection 1 Applications X $ 14.00 (4 x per year) Per Application! Al2 Application of Fertilizer to Grassy 1 X $ .003 Areas Square Feet Per Square Feet = A13 Application of Herbicide to Landscaped 1 X $ .0066 Areas Square Feet Per Square Feet = Al4 Application of Insecticides to 1 X$ .09 Landscaped Areas Linear Feet Per Linear Feet = A SUBTOTAL B. LABOR BI One Landscape Superintendent 1 Hours X $ 35.00 (Sam - 5pm, M- Per Hour = F) B2 One Landscape Superintendent 1 Hours X $ 52.00 (All other Per Hour = times) B3 One Landscape Laborer 1 Hours X $ 21.00 (8am - 5pm, M- Per Hour = F) B4 One Landscape Laborer 1 Hours X$31.50 (All other Per Hour = times) B5 One Irrigation Specialist 1 Hours X $ 45.00 (8am - 5pm, M- Per Hour = F) B6 One Irrigation Specialist 1 Hours X $ 67.50 (All other Per Hour = times) B7 One Irrigation Laborer 1 Hours X $ 21.00 (8am - 5pm, M- Per Hour = F) PAGE 30 OF 92 BID No. 07-10-04 B8 One Irrigation Laborer 1 Hours x $ 31.50 (All other times) Per Hour = B SUBTOTAL C. EQUIPMENT Cl One Front End Loader with 1 Hours x$ 55.00 Backhoe, Per Hour = including an Operator C2 One Front End Loader with 1 Days x $ 440.00 Backhoe, Per Day = including an Operator C3 One Front End Loader with 1 Weeks x $ 2000.00 Backhoe, Per Week = including an Operator C4 One Front End Loader with 1 Month x $ 6000.00 Backhoe, Per Month including an Operator = C5 One 15,000 GVW (or larger) 1 Hours x $ 35.00 Dump Per Hour = Truck with an Operator C6 One 15,000 GVW (or larger) 1 Days x $ 280.00 Dump Per Day = Truck with an Operator C7 One 15,000 GVW (or larger) 1 Week x $ 1280.00 Dump Per Week = Truck with an Operator C8 One 15,000 GVW (or larger) 1 Month x $ 4000.00 Dump Per Week = Truck with an Operator C9 One Trailer Mounted Water 1 Days x $ 280.00 Tank (500 Per Day = gallon minimum) with Pump ClO One Trailer Mounted Water 1 Weeks x $ 1000.00 Tank (500 Per Week = gallon minimum) with Pump Cll One Trailer Mounted Water 1 Month x $ 3600.00 Tank (500 Per Month gallon minimum) with Pump = PAGE 31 OF 92 BID No. 07-10-04 CI2 One Self Propelled 24" Deep by 6" I Hours X $ 65.00 Wide Trencher with an Operator Per Hour = CI3 One Self Propelled 24" Deep by 6" I Days X 520.00 Wide Trencher with an Operator Per Day = CI4 One Self Propelled 24" Deep by 6" I Week X 520.00 Wide Trencher with an Operator Per Day = CI5 One Self Propelled 24" Deep by 6" I Month x $ 520.00 Wide Trencher with an Operator Per Month = CI6 Bucket Truck I Bucket Truck X $ 45.00 Per Hour = Cl7 Chipper Brush I Chipper Brush X $ 40.00 Per Hour = CIS Stump Grinder I Stump Grinder X $ 40.00 Per Hour = CI9 Grapple Loader X $ 50.00 (30 cubic yard capacity) I Grapple Loader Per Hour = C SUBTOTAL D. MATERIALS Dl Topsoil (70/30 Mix) I Cubic Yards X $ 30.00 Delivered and Installed Per Cubic Yard = D2 Premium Red or Premium Gold Mu I Cubic Yards X $ 32,00 Delivered and Installed Per Cubic Yard = D3 #70 Trap Sand I Cubic Yards X $ 50.00 Delivered and Installed Per Cubic Yard = D4 Atlas 3000 (or equal) Mix I Cubic Yards X $ 37.50 Delivered and Installed Per Cubic Yard = PAGE 32 OF 92 Big No, 07-10-04 D5 Solid St Augustine Floratam Sod 1 Pallets of 500 X$ .60 Delivered and Installed Square Feet Per Square Foot = D6 Solid St. Augustine F10ratam 1 Pallets of 500 X $ 300.00 Sod Square Feet Per Pallet = Delivered and Installed D7 Solid Bermuda 'Tifway 419' Turf 1 pallets of 400 X $ 340.00 Delivered and Installed Square Feet Per Pallet = D8 Solid Paspalum Notatum 1 pallets of 400 X $ 400.00 'Argentine' Square Feet Per Pallet = Bahia Sod Delivered and D SUBTOTAL E. PARKS EI Gwen Margolis Park I Weeks X $ 500.00 (17815 North Bay Rd) Per Week = Weekly Maintenance per the E2 Town Center Park (17200 I Weeks X $ 800.00 Collins Per Week = Avenue) Weekly Maintenance E3 Samson Oceanfront Park (17425 1 Weeks X $ 500.00 Collins Avenue) Weekly Per Week = Maintenance E4 Pelican Community Park (18115 1 Weeks X $ 75.00 North Per Week = Bay Road) Weekly Maintenance E5 Golden Shores Park (201 195 1 Weeks X $ 150.00 Street) Per Week = Weekly Maintenance per the E6 Heritage Park (19250 Collins 1 Weeks X $ 150.00 A venue) Per Week = Weekly Maintenance per the E7 Bella Vista Park (500 Sunny 1 Weeks X $ 75.00 Isles Per Week = Boulevard) Weekly Maintenance E8 Pier Park (16501 Collins 1 Weeks X $ 50.00 Avenue) Per Week = Weekly Maintenance per the E9 Atlantic Isles Bridge Lagoon 1 Weeks X $ 50.00 Area Per Week = Weekly Maintenance per the PAGE 33 OF 92 BID No, 07-10-04 ElO Atlantic Isles West-End Cul-de-Sac 1 Weeks x $ 50.00 Park Weekly Maintenance per the Per Week = Specifications Ell Newport Pier Park Weekly I Weeks x $ 50.00 Maintenance per the Specifications Per Week = E SUBTOTAL F. RIGHTS-OF-WAY FI Collins Avenue Weekly 1 Weeks X $3,000.00 Maintenance Per Week = per the Specifications F2 Sunny Isles Boulevard Weekly 1 Weeks X $ 1,200.00 Maintenance per the Specifications Per Week = F3 Lehman Causeway Weekly 1 Weeks X $ 400.00 Maintenance per the Specifications Per Week = F4 174'" Street (including medians) 1 Weeks x $ 300.00 Weekly Maintenance per the Per Week = Specifications F5 158'" Street Entrance Weekly I Weeks x $ 50.00 Maintenance per the Specifications Per Week = F6 159th Street Weekly Maintenance 1 Weeks x $ 125.00 per Per Week = the Specifications F7 Atlantic Isles Weekly Maintenance I Weeks x $ 150.00 per Per Week = the Specifications F8 North Bay Road (southern section) I Weeks x $ 125.00 Weekly Maintenance per the Per Week = Specifications F9 172"d Street Weekly Maintenance 1 Weeks X $ 55.00 per Per Week = the Specifications FlO 175th Terrace Weekly Maintenance 1 Weeks X $ 55.00 per Per Week = the Specifications Fl1 North Bay Road (northern section) 1 Weeks x $ 125.00 Weekly Maintenance per the Per Week = Specifications PAGE 34 OF 92 BID No. 07-10-04 FI2 Atlantic Boulevard (southern section) I Weeks X $ 260.00 Weekly Maintenance per the Per Week = Specifications F13 I 77th Drive Weekly Maintenance per I Weeks X $ 55.00 the Specifications Per Week = FI4 Church Street Weekly Maintenance per I Weeks X $ 65.00 the Specifications Per Week = FI5 I 78th Drive Weekly Maintenance per I Weeks X $ 55.00 the Specifications Per Week = FI6 179th Drive Weekly Maintenance per I Weeks X $ 65.00 the Specifications Per Week = F17 180th Drive Weekly Maintenance per I Weeks x $ 65.00 the Specifications Per Week = FI8 1811 Drive Weekly Maintenance per I Weeks X $ 75.00 the Specifications Per Week = FI9 182nd Drive Weekly Maintenance per I Weeks x $ 65.00 the Specifications Per Week = F20 183nd Street Weekly Maintenance per I Weeks x $ 75.00 the Specifications Per Week = F21 185th Street Weekly Maintenance per I Weeks x $ 75.00 the Specifications Per Week = F22 Atlantic Boulevard (northern section) I Weeks x $ 75.00 Weekly Maintenance per the Per Week = Specifications F23 186th Street Weekly Maintenance per I Weeks x $ 75.00 the Specifications Per Week = F24 I 87th Street Weekly Maintenance per I Weeks x $ 75.00 the Specifications Per Week = F25 188th Street Weekly Maintenance per I Weeks x $ 75.00 the Specifications Per Week = PAGE 35 OF 92 BID No, 07-10-04 F26 1891" Street Weekly Maintenance per 1 Weeks X $ 75.00 the Specifications Per Week = F27 189' Terrace Weekly Maintenance per 1 Weeks X $ 75.00 the Specifications Per Week = F28 1901 I Street Weekly Maintenance per 1 Weeks X $ 75.00 the Specifications Per Week = F29 I 915t Street Weekly Maintenance per I Weeks X $ 60.00 the Specifications Per Week = F30 191' Terrace Weekly Maintenance per 1 Weeks X $ 60.00 the Specifications Per Week = F SUBTOTAL G. BEACH & BEACH ACCESS PATHS GI Beach Cleaning (including raking and 1 Cleanups x $ 1,500.00 litter removal) for entire length of Per Cleanup = Sunny Isles Beaches G2 Future Location of the Regalia 1 Weeks X $ 100.00 19501 Collins Avenue Per Week = G3 Oceans I 1 Weeks X $ 100.00 19405 Collins A venue Per Week = G4 Ellen Wynne 1 Weeks X $ 200.00 Near 192"d Street on Collins Avenue Per Week = G5 William 'Bill" Lone 1 Weeks X $ 180.00 19101 Collins A venue Per Week = G6 Cecile Sippin 1 Weeks X $ 100.00 Near 18911 Street on Collins Avenue Per Week = G7 Varadero IV 1 Weeks X $100.00 18801 Collins Avenue Per Week = G8 Le Meridien 1 Weeks X $ 100.00 18695 Collins A venue Per Week = PAGE 36 OF 92 BID No. 07-10-04 G9 Millennium 1 Weeks X $ 100.00 18671 Collins A venue Per Week = GlO Trump 1 Weeks X $ 100.00 18001 Collins A venue Per Week = Gll Walter Bress10ur 1 Weeks X $ 100.00 Near 178th Street on Collins A venue Per Week = G12 Pinnacle 1 Weeks X $ 100.00 17555 Collins A venue Per Week = G13 Florida Ocean Club 1 Weeks X $ 100.00 17275 Collins Avenue Per Week = G14 Ocean IV 1 Weeks X $ 100.00 17201 Collins A venue Per Week = G15 Future Location of 3ade on the Beach 1 Weeks X $100.00 17001 Collins A venue Per Week = G16 Future Location of Paramount Beach 1 Weeks X $ 100.00 16901 Collins A venue Per Week = G17 Pier Park 1 Weeks X $ 100.00 16501 Collins Avenue Per Week = GIS Oceania 1 Weeks X $ 100.00 16425 Collins A venue Per Week = G19 Future Location of Sayan 1 Weeks X $ 100.00 16275 Collins Avenue Per Week = G20 rump I, II, & III 1 Weeks X $ 100.00 Near 160th Street on Collins A venue Per Week = G21 Future Location of 501is 1 Weeks X $ 100.00 15701 Collins Avenue Per Week = G SUBTOTAL H. BUS SHELTER LOCATIONS PAGE 37 OF 92 BID No. 07-10-04 HI Collins A venue at 157th 1 Weeks X $ 75.00 Street Per Week = (west side) H2 Collins Avenue at 163"d 1 Weeks X $ 75.00 Street Per Week = (east side) H3 Collins A venue at 174th 1 Weeks X $ 75.00 Street Per Week = (east side, Samson Park) H4 Collins A venue at 185th 1 Weeks X $ 75.00 Street Per Week = (east side) H5 Collins Avenue at 185th I Weeks X $ 75.00 Street Per Week = (west side) H6 Collins Avenue at 189th I Weeks X $ 75.00 Street Per Week = (east side) H7 Collins A venue at 192nd I Weeks X $ 75.00 Street Per Week = (east side) H8 Collins A venue at I Weeks X $ 75.00 Galahad Dade Boulevard Per Week = (west side) H9 159th Street at Collins I Weeks X $ 75.00 A venue Per Week = (west side) HlO Sunny Isles Boulevard at I Weeks X $ 75.00 North Bay Road (north side) Per Week = HII I 74th Street I Weeks X $ 75.00 (210 street address) Per Week = HI2 1 74th Street 1 Weeks X $ 75.00 (230 street address) Per Week = HI3 I 74th Street I Weeks X $ 75.00 (251 street address) Per Week = HI4 174th Street I Weeks X $ 75.00 (301 street address) Per Week = PAGE 38 OF 92 BID No, 07-10-04 HIS 174th Street 1 Weeks X $ 75.00 (400 street address) Per Week = H16 174th Street at Collins Avenue 1 Weeks X $ 75,00 (north side) Per Week = H17 17801 Drive at 1780' Street 1 Weeks X $ 75.00 Per Week = H18 178th Street at 1780' Drive 1 Weeks X $ 75.00 Per Week = H19 North Bay Road at 17401 1 Weeks X $ 75.00 Street Per Week = (east side) H2O North Bay Road at 1740i Street 1 Weeks X $ 75.00 (west side) Per Week = H21 North Bay Road at 178th Drive 1 Weeks X $ 75.00 (east side) Per Week = H22 North Bay Road at 178th Drive 1 Weeks X $ 75.00 (west side) Per Week = H23 Atlantic Boulevard at 180th 1 Weeks X $ 75.00 Street Per Week = (east side) H24 Atlantic Boulevard at 191 "t 1 Weeks X $ 75.00 Street Per Week = (east side) H SUBTOTAL I. PARKING LOTS 11 Under the 1 Weeks x $ 100.00 William Lehman Causeway Per Week = Bridge 12 Under the north bound 1 Weeks X $ 50.00 William Lehman Flyover Ramp Per Week = 13 Ellen Wynne Beach Access 1 Weeks x $ 25.00 Per Week = PAGE 39 OF 92 BID No. 07-10-04 14 Pier Park 1 Weeks X $ 10.00 Per Week= 15 174th Street at North Bay Road 1 Weeks X $ 5.00 Per Week= I SUBTOTAL J. GOVERNMENT FACILITIES 11 Sunny Isles Beach Government Center I Weeks X $ 692.00 18070 Collins A venue Per Week= 12 Storm water Pond at Sunny Isles 1 Weeks X $ 144.23 Boulevard and Collins A venue Per Week= 13 Stormwater Pond at Sunny Isles 1 Weeks X $ 144.23 Boulevard and North Bay Road Per Week= 14 Old Marina at 159th Street 1 Weeks X $ 144.23 and Collins A venue Per Week= 15 W ASA Pump Station at 1 Weeks X $ 144.23 350 Sunny Isles Boulevard Per Week= 16 Heritage Park I Weeks X $ 300.00 Per Week= 1 SUBTOTAL K. MISCELLANEOUS ITEMS Kl Remove Dead Animals I Animals X $ 20.00 Per Year Per Annimal = K2 Clay Infield Maintenance for the 1 Times X $ 75.00 Pelican Community Park Ball Field Per Year Per Maintenance = K3 Striping of the X $ 75.00 Pelican Community Park Ball Field 1 Times Per Striping= (Chalk Powder) Per Year PAGE 40 OF 92 BID No. 07-10-04 K4 Striping of the 1 Times X $ 600.00 Gwen Margolis Park Soccer Field Per Year Per Striping = (Paint) K5 Repair Ball Field Netting at 1 X $ 25.00 Pelican Community Park Square Yards Per Square Yard = K6 Pressure Clean Various City Facilities I Hours X $ 40.00 Per Hour = K7 Install, Straighten, and Remove Street 1 Signs X $ 20.00 Signs (not on FDOT maintained roads), Per Sign = as directed K8 Remove all Shopping Carts from Public I Carts X $ 2.00 Property and Return to Owners Per Cart = K9 Clean, Repair, and Paint one 1 Times X $ 1300.00 Bus Shelter or Bench Per Time = (with City specified paint, as needed) K10 Install City-issued Banners or Flags, I Banners X $ 10.00 Including Repairing or Replacing Per Banner = City-issued Banner Arms, as Directed Kll Move Lifeguard Stands I Moves X $ 75.00 (in both normal and Per Move = extreme weather conditions) K12 Remove or Cover Graffiti, 1 Hours X $ 27.50 as Directed Per Hours = K SUBTOTAL GRAND TOTAL NOTE: The quantities shown in this bid form are estimates only! They may vary significantly from the actual quantities ordered by the City, Payments shall be for the units ordered, placed, and accepted by the City, The Bidder, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc,) other than the bid unit price of the items times the number of items authorized, ordered, placed, and accepted by the City, PAGE 41 of 92 BID No. 07-10-04 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach ] 8070 Collins A venue Sunny Isles Beach, Florida 33] 60 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S, Edelcup, Mayor Lewis J, Thaler. Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A, John Szerlag, City Manager Hans Ottinot, City A/lorney .Jane A. Hines, City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Jorge L. Vera, Assistant City Manager/Services ,~ Rick Conner, Engineering & Public Works Director U February 21, 2008 Approval of Contract with Lukes-Sawgrass Landscaping for Unit Price Landscaping Services in an amount not to exceed $500,000 RECOMMENDATION: We recommend that the City Commission approve authorize a contract with Lukes-Sawgrass Landscaping to provide landscaping services for the unit prices in their bid in an amount not to exceed $500,000. Our recommendation to the Commission at the last meeting was to have them provide services in an amount not to exceed $479,000, but there will be a transition period before we will have all of our complementary staff on board, so we are asking for a buffer to accommodate the crossover. Because we developed the bids entirely to the City's benefit, we can order as much or as little of specific services from the contractor as we need, and if we can accomplish more in-house than expected, we will simply ask the contractor for less, saving the City even more money. REASONS: As explained at the last Commission Meeting, this will allow us the maximum control and flexibility at the minimum cost and provide truly excellent service to the community. We are asking the Commission to award the work to Lukes-Sawgrass Landscaping even though their bid for the appropriate items is approximately $19,000 more than Superior Landscaping. As you will remember, we specifically asked the Commission for permission to approach this bid as a "Best Value" bid. We consider the lower bidder, Superior Landscaping as a significant unknown. An item of concern is that Superior will be bringing people from other cities that they have contracts with to use here, and we are concerned about what happens when they get another city? As someone described it, they do not have the "bandwidth" that the other three firms have, that being the ability to absorb real changes in demand for their services. Funding available: lOG 2-2/-0<;( Agenda Item No.: Cover Memo Lukes-Sawgrass Landscape Bid Award (07-10-04) Commission Meeting Date: Page 2 For the very small difference in expected expenses, the need to make a major transition from a known and established ongoing provider to a new operation in mid-stream seems to be unnecessary and very unwise. ADDITIONAL INFORMATION: Funding is available from Account 10-539-5348 APPLICATION FOR REGISTRATION OF FICTITIOUS NAME DOCUMENT# G07271900193 Fictitious Name to be Registered: lUKES-SAWGRASS lANDSCAPE Mailing Address of Business: 2950 N 28 TERRACE HOLLYWOOD, Fl 33020 Florida County of principal place of business: MULTIPLE FEI Number: FILED Sep 28, 2007 Secretary of State Owner(s) of Fictitious Name: LUKES LANDSCAPING, INC. 2950 N 28 TERRACE HOLLYWOOD, Fl 33020 Florida Registration Number: 469703 FEI Number: 59-1587233 I (we) the undersigned, being the sole (all the) party(ies) owning interest in the above fictitious name, certify that the information indicated on this form is true and accurate. I (we) understand that the electronic signature(s) below shall have the same legal effect as if made under oath. STEVEN J. CHRISTENSEN Electronic Signature(s) 09/28/2007 Date Certificate of Status Requested (X) Certified Copy Requested ( ) /' FER RAN T E & :A S S 0 C I ATE S ATTORNEYS AT LAW 126 Prospect Street - Cambridge, Massachusetts 02139 Telephone 6 J 7-868-5000 Fax 617-868-2519 December 19,2007 SECOND DA Y DELIVERY Registration Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 3230 I Reo' Merger of Sawgrass Landscape Services, LLC with and into Luke's Landscaping, Inc. Dear Madam/Sir: Enclosed for filing please find the following: 1. Certificate of Merger of Sawgrass Landscape Services. LLC with and into Luke's Landscaping, Inc, with attached Agreement and Plan of Merger PLEASE NOTE THAT THE EFFECTIVE DATE AND TIME OF THIS MERGER IS DECEMBER 31,2007 AT 12:01 P.M. 2. Check payable to the Florida Department of State in the amount of $90.00 for the merger fees and a certified copy of the merger documents. If there are any questions regarding these documents. please feel free to call me. Otherwise, please file the articles of merger in your usual manner and return a certified copy of the merger documents to me. Thank you for your attention to this matter, Very truly yours, ~~-- Catherine Conneely Enclosures CERTIFICATE OF MERGER OF lJ}\~JO \ \ SA WGRASS LANDSCAPE SERVICES, LLC WITH AND INTO LUKE'S LANDSCAPING, INC. ~'\03 Pursuant to the provisions of Section 607.1109 of the Florida Business Corporation Act and Section 608.4382 of the Florida Limited Liability Company Act, the undersigned Sawgrass Landscape Services, LLC and Luke's Landscaping, Inc. adopt the following Certificate of Merger: 1. The name of the surviving entity of the merger is Luke's Landscaping, Inc., a Florida corporation ("Luke's"). The name of the merging entity is Sawgrass Landscape Services, LLC, a Florida limited liability company ("Sawgrass"), which is 1 00% held by Luke's. 2. A copy of the Agreement and Plan of Merger, dated December 3, 2007, by and between Luke's and Sawgrass, is attached hereto as Exhibit "A" and incorporated herein by reference, 3. This merger shall become effective as at 12:01 p.m. on December 31,2007, 4. The Agreement and Plan of Merger was adopted on December 3, 2007 by the sole shareholder and Board of Directors of Luke's by written consent without a meeting in the manner prescribed by the Florida Business Corporation Act. 5. The Agreement and Plan of Merger was adopted on December 3, 2007 by the sole member and the Board of Managers of Sawgrass by written consent without a meeting in the manner prescribed by the Florida Limited Liability Company Act. [SIGNATURES ON FOLLOWING PAGEl --j r-..J ;::-.(." <=> 1M <=> -..I 1(",1 c:::l 11- J;.-7J :x:r.' fT1 ~_-.l n -- r ...., N r ~?~~ f'Tl "' m r:1c -u ':"_-n :n: 0 '. l<.fl C!,1 O-i '4') "".;:~ ~- --{ 0 Drr1 1..0 :P IN WITNESS WHEREOF, this Articles / Certificate of Merger has been executed as of the L day of u.'(I!fY1h.(r ,2007, Sawgrass Landscape Services, LLC, a Florida limited liabi ty company Luke's Landscaping, Inc., a Florida corporation ~:d~ Name:_f4~NIN Title: Se'2. ~1l(\.- 1:\W-AGT\3494S\OOO\sawgrnss\Merger Celt - Sawgrass into Lukes,doc -~ I'.) :;'-:0 (/) = 1fT', = In -oJ J'" ;:rJ 0 .'n :r: rr 1 P'l p.~ ("") tJj;> N r (,1) :.:r: fT1~ ~o -U ,IT1- -" ., :x 0 ItrJ 0-1 ~ ;:o:P --1 0 elm \.0 2 > EXHIBIT nAil AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER (the "Agreement") is made and entered into this 3rd day of December, 2007, by and between Sawgrass Landscape Services, LLC, a Florida limited liability company with its principal office located at 2950 North 28th Terrace, Hollywood, Florida 33020 (the "Merging Entity"), and Luke's Landscaping, Inc" a Florida corporation with its principal office located at 2950 North 28th Terrace, Hollywood, Florida 33020 (the "Surviving Entity"). WHEREAS, the Merging Entity is a limited liability company organized and existing under and by virtue of the laws of the State of Florida; AND WHEREAS, the Surviving Entity is a corporation organized and existing under and by virtue of the laws of the State of Florida; AND WHEREAS, the Surviving Entity is the sole member of the Merging Entity; AND WHEREAS, pursuant to the duly authorized action by the sole shareholder and Board of Directors of the Surviving Entity and by the sole member and Board of Managers of the Merging Entity, the Surviving Entity and the Merging Entity have determined that they shall merge (the "Merger") upon the terms and subject to the conditions and in the manner set forth in this Agreement and in accordance with Section 608.438 of the Florida Limited Liability Company Act and Section 607.1108 of the Florida Business Corporation Act. NOW THEREFORE, in consideration of the premises and the terms, covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Merging Entity and the Surviving Entity hereby mutually agree as follows: 1. Merger, The Merging Entity and the Surviving Entity agree that the Merging Entity shall be merged with and into the Surviving Entity, as a single and surviving entity, upon the terms and subject to the conditions and in the manner set forth in this Agreement, and that the Surviving Entity shall continue under the laws of the State of Florida as the surviving entity. The Merger shall be effective as at 12:01 p,m. on December 31,2007 (the "Effective Time"). 2. Survival; Existence. At and after the Effective Time: (a) the Surviving Entity shall be the surviving entity, and shall continue to exist as a corporation under the laws of the State of Florida, with all of the rights and obligations of such Surviving Entity as arc provided by the Florida Business Corporation Act; and (b) the Merging Entity shall cease id,:exis~nd its ,p" => assets, property and obligations shall become the assets, property and obIH~l!yons-'Of the Surviving Entity as the surviving entity, :i:F'i ~ -n '\>-1 n if> p. N <.I) ::<.l tTl -< C"lo .... ..,.,. ru> o-..j ;0 1> --l OfTl >- -- -0 :J:: ~ a \.0 r 111 o 3. Articles; Bylaws. At and after the Effective Time: (a) the Articles of Incorporation of the Surviving Entity in existence immediately prior to the Effective Time shall continue to be the Articles of Incorporation of the Surviving Entity until duly amended; and (b) the Bylaws of the Surviving Entity in existence immediately prior to the Effective Time shalI continue to be the Bylaws of the Surviving Entity until duly amended. 4. Manner and Basis of Converting Securities. At the Effective Time: (a) all of the issued and outstanding membership interests and other securities, and alI rights to acquire securities, of the Merging Entity shall be cancelled and no longer be issued or outstanding; and (b) all of the issued and outstanding shares of common stock and other securities, and all rights to acquire securities, of the Surviving Entity shall remain unaffected and the sole shareholder of the Surviving Entity shall remain the sole shareholder of the Surviving Entity, 5. Aooroval. The Merger contemplated by this Agreement has previously been submitted to and approved by the sole shareholders and the Board of Directors of the Surviving Entity and by the sole member and the Board of Mangers of the Surviving Entity, Subsequent to the execution of this Agreement by the appropriate representatives of the Merging Entity and the Surviving Entity, the proper representatives of the Merging Entity and the Surviving Entity shaIl, and are hereby authorized and directed to, perform all such further acts and execute and deliver to the proper authorities for filing all documents, as the same may be necessary or proper to render effective the Merger contemplated by this Agreement. 6. Miscellaneous. Prior to the Effective Time, this Agreement may be amended or terminated by the written agreement of the parties hereto. This Agreement may be executed in one or more counterparts, each of which shaIl be deemed to be an original, but all of which together will constitute one and the same agreement. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to the contlict of laws principles thereof. The tenns and conditions of this Agreement are solely for the benefit of the parties hereto and the sole shareholder of the Surviving Entity and the sole Member of the Merging Entity, and no individual who or entity which is not a party to this Agreement shalI have any rights or benefits whatsoever under this Agreement, either as a third party beneficiary or otherwise. \SIGNATURES ON FOLLOWING PAGE) -1 ~ :;><1) = '-f'Tl <:::) In -oJ }:;.::;.) Cl ." :CP 1 1'T'l "]::-:-1 n - <.fJ ,:.... N r V) :::0 f'Tl ""' rq m ,0 ..." ~.. -,., :::!l: 0 I-en 0--; Cf.1 ~)> --I 0 Or.! \.0 ).-,. ~ . IN WITNESS WHEREOF, the Merging Entity and the Surviving Entity have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. MERGING ENTITY: Sawgrass Landscape Services, LLC, a Florida limited liability company SURVIVING ENTITY: Luke's Landscaping, lnc" a Florida corporation ~~ ~~ ~.~ Name:a~ ;17"J,NJN Title: <'oa: / 1~"f7)n 1:\W-AG1'J4945\OOO\suwgrass\Merger Agt - SuwgrllSS into Lukes.doc 3 (Address) (Requestor's Name) 600113218866 (Address) (City/State/Zip/Phone #) o PICK-UP o WAIT o MAIL 12/21/07--01031--001 ~*90.00 (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer: L. SELLERS DEe 282007 EXAMINER -; ......, J:.... CJ) c::> .1'1 C::> rn -.I Office Use Only >~1 Cl " :::: P 1 fT1 3'-" .-\ n .- . )'" N c'/li, r ~-< ~~ -0 m ." :x ~:J r (J'l Ul 0--\ ;:;J~ 0 01'1 \.D ".P City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk February 25,2008 Luke Facarazzo, President Lukes Landscaping, Inc, 3920 N,W, 94th Avenue Hollywood, Florida 33024 Re: Landscape Maintenance Services Agreement Dear Mr. Facarazzo: At its regular meeting of February 21, 2008, the City Commission adopted Resolution No. 2008-1224, which awarded Bid No, 07-10-04 to and approved a Landscape Maintenance Services Agreement with Lukes-Sawgrass Landscaping, Inc. Enclosed are two (2) original agreements for execution and witnessing by your firm. Upon execution by your firm. please return both ori2:inal A2:reements and any and all insurances andlor bonds required by A2:reement to my attention. An original, executed agreement and a copy of the approving resolution will be mailed to you once the Agreement has been completely processed. Thank you, Very truly yours, ~~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Rick Conner, Public Works and Engineering Director (w/o attachments) Lukes-Sawgrass Landscaping Services Agrmt for Sig Ltr City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk SENT VIA CERTIFIED MAIL (RETURN RECEIPT REQUESTED) AND REGULAR MAIL January 7, 2010 Chris Wick President Lukes Landscaping, Inc. 3920 N.W. 94th Ave. Hollywood, FL 33024 Re: City's exercise of optional one year term in Contract No. C0708-040 Dear Mr. Wick, The purpose of this letter is to exercise the City's optional one year renewal term. You will recall that on February 21, 2008, the City of Sunny Isles Beach and Lukes Landscaping, Inc. entered into Contract No. C0708-040 for landscaping services. Pursuant to this agreement, Lukes Landscaping agreed to provided certain landscaping services, including maintenance of landscape medians, trimming and/or removal of trees, planting and re-planting of narrow medians. The agreement specifically provided the City with an optional one (1) year renewal period. Pursuant to Section 3 of the agreement, the City hereby exercises its optional one (1) year renewal period under the same unit pricing. This one year renewal term shall commence from the date of this letter, January 7, 2010, and end one year thereafter. Please call me at (305) 792-1909 with any questions. ~ . . ~ i ill Evans Public Works and Engineering Dir. cc: Hans Ottinot, City Attorney Rick Conner, City Manager