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HomeMy WebLinkAboutReso 2009-1380 RESOLUTION NO. 2009- --1 3~D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING ADDENDUM NO.3 TO AGREEMENT WITH LUKES-SA WGRASS LANDSCAPING, INC. FOR LANDSCAPING SERVICES FOR CAPIT AL IMPROVEMENT PROJECTS BASED ON A UNIT PRICE BASIS, IN AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED SEVENTY -NINE THOUSAND DOLLARS ($1,279,000.00), A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID ADDENDUM NO.3 TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 21, 2008 via Resolution No. 2008-1224 the City Commission awarded Bid No. 07-10-04 to and entered 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); and WHEREAS, on March 20, 2008 via Resolution No. 2008-1245, the City Commission approved Addendum No.1 to that Agreement to landscape the 174th Street median that had been damaged by Hurricane Wilma, in the amount of Ninety-Four Thousand One Hundred Sixty-Seven Dollars and Four Cents ($94,167.04); and WHEREAS, on November 18, 2008 via Resolution No. 2008-1346, the City Commission approved Addendum No.2 to that Agreement to complete the landscaping on Atlantic Boulevard from the south side of 182nd Street to 183rd Street, the sea wall corner at north side of the Sunny Isles Beach Community School, and at Pelican Community Park, in the amount of Twenty-Six Thousand Six Hundred Sixty-Six Dollars ($26,666.00); and WHEREAS, in order to keep the Capital Projects moving forward, the City contracted with Lukes-Sawgrass Landscaping, Inc. to do additional work for the Capital Improvement Projects listed below: Sunny Isles Boulevard Detention Ponds Additional Landscaping on 172nd Additional Landscaping on Sunny Isles Boulevard Median Fencing Project Repairs to Landscaping caused by Vehicular Accidents Atlantic Isles Central Island Drainage Pelican Community Park Bella Vista Bay Park TOTAL $ 175,000 $ 222,000 $ 215,000 $ 98,000 $ 25,000 $ 125,000 $ 350,000 $ 59,000 $ 10,000 $1,279,000 R2009- Lukes-Sawgrass 3rd Addendum re Capital Projects Page I of 3 WHEREAS, Lukes-Sawgrass Landscaping, Inc. expressed its ability and desire to provide these products and services, and provided these in accordance with the unit pricing set forth in the original agreement dated February 21,2008 in the amount of One Million Two Hundred Seventy- Nine Thousand Dollars ($1,279,000.00), bringing the total amount of the agreement to One Million Eight Hundred Ninety-Nine Thousand Eight Hundred Thirty-Three Dollars and Four Cents ($1,899,833.04); and WHEREAS, the City wishes to amend its Landscape Maintenance Agreement with Lukes- Sawgrass Landscaping, Inc., to do the additional work on the listed Capital Improvement Projects, based on a unit price basis and in an amount not to exceed One Million Two Hundred Seventy-Nine Thousand Dollars ($1,279,000.00), 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. Approval of Addendum No.3 to Agreement. The City Commission hereby approves Addendum No.3 to Agreement with Lukes-Sawgrass Landscaping, Inc. to do the additional work on the listed Capital Improvement Projects, based on a unit price basis and in an amount not to exceed One Million Two Hundred Seventy-Nine Thousand Dollars ($1,279,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Addendum No.3 to Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of February 2009. ~n~J~ Norman S. Edelcup, Mayor / ATTEST: ~A~ Jane A: Hines, CMC, City Clerk R2009- Lukes-Sawgrass 3rd Addendum re Capital Projects Page 2 of 3 Vote: c;-O Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ----!L(Y es) k:1Y es) V(Y es) I/(Y es) ~Yes) R2009- Lukes-Sawgrass 3rd Addendum re Capital Projects Moved by: 'VI U YY\(lISV ~A1-<;-~ Seconded by: C~ ~rtOLL _(No) _(No) _(No) _(No) _(No) Page 3 of3 ;'~.:!.~~.r' Ok%~......:;t~1f €t;::;::::"::"':;!~~'ii::::[;:,~~ \. :{(::::;;::;!:r THIRD ADDENDUM TO CITY OF SUNNY ISLES BEACH -s.~ ~~. FlO"" ...... <"'0,,"",.0 AND LUKES-SAWGRASS LANDSCAPING. INC. AGREEMENT CONTRACT NO. C0809-041 THIS THIRD ADDEND!JM TO THE LUKES-SA WGRASS LANDSCAPING, INC. AGREEMENT, executed this ~ day of ~w.u~ 2009, is hereby attached to and is made a part of said Lukes-Sawgrass Landscaping, Inc. Agreement ontract No. C0708-040 by and between the City of Sunny Isles Beach ("City") and Lukes-Sawgrass Landscaping, Inc. aJk/a "Lukes Landscaping" ("Contractor") a business corporation licensed in the State of Florida, whose Federal Identification # is 59-1587233. The City and Contractor hereby agree as follows: 1. ADDITIONAL SCOPE OF WORK: The City wishes to enter into a Third Addendum to the original Agreement by and between the City and Contractor, to do additional work for the Capital Improvement Project ("Services"), as more fully described in the attached Exhibit" A". The scope of Services for the Third Addendum is based on unit pricing under the original Agreement between the parties, dated February 21, 2008, to provide landscaping services, including the maintenance of landscape medians, trimming and/or removal of trees, planting and re-planting of narrow medians, in a total amount not to exceed $500,000. On March 20, 2008, the parties entered into a First Addendum to the Agreement, placing trees in the median at 174th Street that had been damaged by Hurricane Wilma, in a total amount not to exceed $94,167.04 On November 18, 2008, the parties entered into a Second Addendum to the Agreement, to complete the landscaping on Atlantic Blvd. from the south side of 182nd Street to 183rd Street, the sea wall corner at the north side of the Sunny Isles Beach Community School, and at Pelican Community Park, in a total amount not to exceed $26,666.00 The Third Addendum to the Agreement is for additional work for the Capital Improvements Project, including (1) Sunny Isles Blvd. retention pond; (2) additional landscaping on 172n Street; (3) additional landscaping on Sunny Isles Blvd.; (4) median fencing project; (5) repairs to landscaping; (6) Atlantic Isles; (7) Central Island drainage; (8) Pelican Community Park; and (9) Bella Vista Bay Park. 2. COST: The Contractor agrees to charge an amount not to exceed One Million Two Hundred Seventy-Nine Thousand Dollars ($1,279,000.00) for said Services. The additional scope of services in the Third Addendum increases the limits on Luke's unit price contract, per the original Agreement, from $620,833.00 to $1,899,833.00. 3. TERM: The term of this Third Addendum shall begin upon the execution date of this Third Addendum and shall end upon the completion of Services. 4. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the Original Agreement between the parties, and all subsequent addendums, shall remain in full force and effect. Exhibit "A" C0809-041 Lukes-Sawgrass Landscaping, Inc. Agreement S't - IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESSES: S LANDSCAPING INC. Print Name BY: Luke Facarazzo, President Signature WITNESSES: Signature Print Name ATTEST: BY: ~~~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFF IENCY 2 ~, l C0809-041 Lukes-Sawgrass Landscaping, Inc. Agreement City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk November 3, 2008 Mr. Luke Facarazzo Lukes-Sawgrass Landscaping 2200 North 30th Road Hollywood, Florida 33021 Re: The Sunny Isles Boulevard Retention Pond Project Dear Mr. Facarazzo: This letter is your official notice to proceed on the Sunny Isles Boulevard Retention Pond Project as denoted in the plans. This work shall be performed at the unit prices as established in your contract. Work is to begin immediately and must be completed before March 1 st of 2009. The work outlined anticipates that the total price for this project shall not exceed $175,000. If you anticipate placing additional material at the established unit price that will cause the total price to exceed this amount, you must request permission to do so in writing, and it must be approved in writing by the City. We look forward to the finished product. Please fee free to contact me if you have any questions. Rick Con ner City Engineer & Director of Public Works Cc: Hans Ottinot, City Attorney John Szerlag, City Manager Jorge Vera, Assistant City Manager Exhibit "A" SIB City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk December 15, 2008 Mr. Luke Facarazzo Lukes-Sawgrass Landscaping 2200 North 30th Road Hollywood, Florida 33021 Re: The Additional Landscaping on the 172nd Street Project Dear Mr. F acarazzo: This letter is your official notice to proceed on the Additional Landscaping Work for the 172nd Street Project as denoted in the redesigned plans. This work shall be performed at the unit prices as established in your contract. Work is to begin immediately and must be completed before February 2nd of 2009. The work outlined anticipates that the total price for this project shall not exceed $222,000. If you anticipate placing additional material at the established unit price that will cause the total price to exceed this amount, you must request permission to do so in writing, and it must be approved in writing by the City. We look forward to the finished product. Please fee free to contact me if you have any questions. Sincerely, Rick C nner City Engineer & Director of Public Works Cc: Hans Ottinot, City Attorney John Szerlag, City Manager Jorge Vera, Assistant City Manager SIB City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk October 3,2008 Mr. Luke Facarazzo Lukes-Sawgrass Landscaping 2200 North 30th Road Hollywood, Florida 33021 Re: The Additional Landscaping on Sunny Isles Boulevard Dear Mr. F acarazzo: This letter is your official notice to proceed on the additional landscaping on Sunny Isles Boulevard as denoted in the redesigned plans. This work shall be performed at the unit prices as established in your contract. Work is to begin immediately and must be completed before April 1st of 2009. The work outlined anticipates that the total price for this project shall not exceed $215,000. If you anticipate placing additional material at the established unit price that will cause the total price to exceed this amount, you must request permission to do so in writing, and it must be approved in writing by the City. We look forward to the finished product. Please fee free to contact me if you have any questions. Rick Conner City Engineer & Director of Public Works Cc: Hans Ottinot, City Attorney John Szerlag, City Manager Jorge Vera, Assistant City Manager S\B City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner GeorQe "Bud" Scholl Commissioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk November 3, 2008 Mr. Luke Facarazzo Lukes-Sawgrass Landscaping 2200 North 30th Road Hollywood, Florida 33021 Re: The Collins Avenue Median Fencing Project Dear Mr. Facarazzo: This letter is your official notice to proceed on the Collins Avenue Median Fencing Project as denoted in the plans. This work shall be performed at the unit prices as established in your contract. Work is to begin immediately and must be completed before February 3rd of 2009. The work outlined anticipates that the total price for this project shall not exceed $98,000. If you anticipate placing additional material at the established unit price that will cause the total price to exceed this amount, you must request permission to do so in writing, and it must be approved in writing by the City. We look forward to the finished product. Please fee free to contact me if you have any questions. Rick Co er City Engineer & Director of Public Works Cc: Hans Ottinot, City Attorney John Szerlag, City Manager Jorge Vera, Assistant City Manager ~\~ City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner Acting Cily Manager Ha ns Otti not Cily Attorney Jane A. Hines Cily Clerk October 1, 2008 Mr. Luke Facarazzo Lukes-Sawgrass Landscaping 2200 North 30th Road Hollywood, Florida 33021 Re: On-Call Repair for Median Repairs Dear Mr. Facarazzo: This letter is your official notice to proceed that the City of Sunny Isles Beach authorizes, as requested, median repairs caused by vehicular accidents. This work shall be performed at the unit prices as established in your contract. This work is ongoing for the entire fiscal year. The work outlined anticipates that the total price for this function shall not exceed $25,000. If you anticipate placing additional material at the established unit price that will cause the total price to exceed this amount, you must request permission to do so in writing, and it must be approved in writing by the City. We look forward to the finished product. Please fee free to contact me if you have any questions. Sincerely, fi2;t~ Rick Con er City Engineer & Director of Public Works Cc: Hans Ottinot, City Attorney John Szerlag, City Manager Jorge Vera, Assistant City Manager S\\3 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl CommIssioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk November 3, 2008 Mr. Luke Facarazzo Lukes-Sawgrass Landscaping 2200 North 30th Road Hollywood, Florida 33021 Re: The Landscaping for the Atlantic Isles Drainage Project Dear Mr. F acarazzo: This letter is your official notice to proceed on the Atlantic Isles Drainage Project as denoted in the plans. This work shall be performed at the unit prices as established in your contract. Work is to begin immediately and must be completed before September 30th of 2009. The work outlined anticipates that the total price for this project shall not exceed $125,000. If you anticipate placing additional material at the established unit price that will cause the total price to exceed this amount, you must request permission to do so in writing, and it must be approved in writing by the City. We look forward to the finished product. Please fee free to contact me if you have any questions. Rick Conner City Engineer & Director of Public Works Cc: Hans Ottinot, City Attorney John Szerlag, City Manager Jorge Vera, Assistant City Manager s\~ City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner GeorQe "Bud" Scholl Commissioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk October 6,2008 Mr. Luke Facarazzo Lukes-Sawgrass Landscaping 2200 North 30th Road Hollywood, Florida 33021 Re: The Landscaping for the Central Island Drainage Project Dear Mr. F acarazzo: This letter is your official notice to proceed on the Central Island Drainage Project as denoted in the plans. This work shall be performed at the unit prices as established in your contract. Work is to begin immediately and must be completed before September 30th of 2009. The work outlined anticipates that the total price for this project shall not exceed $350,000. If you anticipate placing additional material at the established unit price that will cause the total price to exceed this amount, you must request permission to do so in writing, and it must be approved in writing by the City. We look forward to the finished product. Please fee free to contact me if you have any questions. Sincerely, Cc: Hans Ottinot, City Attorney John Szerlag, City Manager Jorge Vera, Assistant City Manager Sl" City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner December 15, 2008 Mr. Luke Facarazzo Lukes-Sawgrass Landscaping 2200 North 30th Road Hollywood, Florida 33021 George "Bud" Scholl CommIssioner Re: The Additional Landscaping for Pelican Community Park Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk Dear Mr. Facarazzo: This letter is your official notice to proceed on the additional landscaping for Pelican Community Park as denoted in the plans. This work shall be performed at the unit prices as established in your contract. Work is to begin immediately and must be completed before February 1st of 2009. The work outlined anticipates that the total price for this project shall not exceed $59,000. If you anticipate placing additional material at the established unit price that will cause the total price to exceed this amount, you must request permission to do so in writing, and it must be approved in writing by the City. We look forward to the finished product. Please fee free to contact me if you have any questions. Sincerely, ~L~ Rick Con r City Engineer & Director of Public Works Cc: Hans Ottinot, City Attorney John Szerlag, City Manager Jorge Vera, Assistant City Manager SIB City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Moyor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk October 6, 2008 Mr. Luke Facarazzo Lukes-Sawgrass Landscaping 2200 North 30th Road Hollywood, Florida 33021 Re: The Landscaping for the Bella Vista Bay Park Project Dear Mr. Facarazzo: This letter is your official notice to proceed on the landscaping for the Bella Vista Bay Park Project as denoted in the plans. This work shall be performed at the unit prices as established in your contract. Work is to begin immediately and must be completed before February 2yth of 2009. The work outlined anticipates that the total price for this project shall not exceed $10,000. If you anticipate placing additional material at the established unit price that will cause the total price to exceed this amount, you must request permission to do so in writing, and it must be approved in writing by the City. We look forward to the finished product. Please fee free to contact me if you have any questions. Sincerely, ick Co er City Engineer & Director of Public Works Cc: Hans Ottinot, City Attorney John Szerlag, City Manager Jorge Vera, Assistant City Manager 0'// City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (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 Rick Conner, Acting City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Rick Conner Acting City Manager DATE: February 19,2009 RE: Approval of Addendum No.3 to Agreement with Lukes-Sawgrass Landscaping, Inc. RECOMMENDATION It is recommended that the City Commission approve Addendum No.3 to Lukes-Sawgrass Landscaping, Inc. Agreement (including Addendums I & 2) to increase the limits on their unit price contract from $620,833.04 to $1,899,833.04 to allow payment for additional work funded through the Capital Projects Budget. BACKGROUND In order to keep our Capital Projects moving forward, the City contracted with Lukes-Sawgrass Landscaping, Inc. to do the additional work for the Capital Improvements Projects listed below. Lukes' cost is based on the unit price work that he submitted to the City under its original contract. This is a one-time payment to Lukes' on the Capital Projects that the firm has worked on. We now need to amend that contract to allow the payments to be made (out of other funded, appropriate accounts) to the contractor for the additional work. We are therefore asking for approval of Addendum No.3. Some of the additional work that is included in this Addendum is: Sub- Total $ $ $ $ $ $ $ $ $ 10,000.00 $1,279,000.00 $ 620,833.04 $1,899,833.04 175,000.00 222,000.00 215,000.00 98,000.00 25,000.00 125,000.00 350,000.00 59,000.00 Sunny Isles Boulevard Detention Ponds Additional Landscaping on Innd Additional Landscaping on Sunny Isles Boulevard Median Fencing Project Repairs to Landscaping caused by Vehicular Accidents Atlantic Isles Central Island Drainage Pelican Community Park Bella Vista Bay Park Existing Contract Total Clerk's GRice Finance Dcpartment r\ pproval: City Managcr Agcnda Item No.: \ DE:- .;;l- ,q - Oq Funding availablc: Commission Mceting Date: To: The Honorable Mayor and City Commission Date: February 19, 2009 Page: 2 REASONS This will allow us to make payments for work done as budgeted, authorized, and performed. ADDITIONAL INFORMATION Funding is available and will be paid out of the related accounts In General Fund, Capital Improvements Project and Stormwater Fund. City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk February 19, 2009 Luke Facarazzo, President Lukes-Sawgrass Landscaping, Inc. 3920 N.W. 94th Avenue Hollywood, Florida 33024 Re: 3rd Addendum to Landscape Maintenance Services Agreement Dear Mr. Facarazzo: At its regular meeting of February 19, 2009, the City Commission adopted Resolution No. 2009-1380, which approved the 3rd Addendum to Landscape Maintenance Services Agreement with Lukes-Sawgrass Landscaping, Inc. Enclosed are two (2) original agreements for execution and witnessing by your firm. Upon completion. please return both orie:inal Ae:reements and any and all insurances and/or bonds required by Ae:reement to the attention of Deputy City Clerk Priscilla Walker for further processine:. An executed original agreement and a copy of the approving resolution will be mailed to you thereafter. Thank you. Very truly yours, ~~~ Priscilla Walker, CMC Deputy City Clerk/Office Manager Enclosures cc: Shaun Gelvez, Admin. Assist. to Dept. Head/Public Works (w/o attachments) LlIkcs-Sawf,'fass LanJscaping Scn'iccs :\grml 3rJ :\JJt'nJum for Sig Llr