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Item 6A - Resolution 15-11RESOLUTION NO. 15-11 AGENDA ITEM# 6A OCTOBER 26, 2015 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO SIGN MODIFICATION OF MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 27, 2014, the City executed an agreement with the Flmida Department of Transpm1ation to provide maintenance on certain streets and other areas throughout the city; and WHEREAS, the Florida Department of Transportation discovered an error in the mathematical calculations used to derive the payment schedule to the Agency (City). This calculation error necessitates changes to be made to faragraph 11 (PAYMENTS TO AGENCY), resulting in a $4,017.08 reduction of Overall Yearly Cost (from $53,315.76 to $49,298.68) to be paid to the City for services rendered. WHEREAS, the City desires to continue to maintain landscaped areas on Atlantic Boulevard and pm1ions of Maypo11 Road; and NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Manager is hereby authorized to sign the Modification of Maintenance Agreement with the Florida Department of Transportation, modifying the existing Agreement for Maintenance for three years (November I, 2014 through October 31, 20 17). SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 26th day of October, 2015. Approved as to form and correctness: Richard Komando, ESQUIRE City Attorney ATTEST: Donna L. Bartle, CMC City Clerk Carolyn Woods Mayor MODIFICATION OF MAINTENANCE AGREEMENT AGENDA ITEM #6A OCTOBER 26, 2015 THIS MODIFICATION OF MAINTENANCE AGREEMENT ("Modification") is made and entered into by and between the State of Florida Department of Transportation ("Department") and the City of Atlantic Beach, Duval County, Florida ("Agency"). -RECITALS- A The terms and provisions set forth in this Modification are incorporated in and made part of that certain Maintenance Agreement ("Original Agreement") entered into by the parties on August 21, 2014, a copy is attached as Exhibit "A"; and B. This Modification shall be merged into and made part of the Original Agreement and both documents shall be collectively referred to as the "Agreement"; and C. Following execution of the Original Agreement, the Department discovered an error in the mathematical calculations used to derive the payment schedule to the Agency; and D. The calculation error necessitates changes be made to Paragraph 11 (PAYMENTS TO AGENCY) and Exhibit A of the Original Agreement; and E. Exhibit A of the Original Agreement will be replaced with the attached Exhibit "B" to this Modification; F. Upon the Effective Date, as defined below, of this Modification, a negative encumbrance in the amount of Four-Thousand Seventeen and 08/100 Dollars ($4,017.08) will be issued by the Department in order to reduce the amount of the Original Contract; and G. In the event of any conflict or inconsistency between the Original Agreement and this Modification, the provisions of this Modification shall control; and H. All other terms and conditions of the Original Agreement shall remain in full force and effect. NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Modification, the parties, intending to be legally bound, acknowledge, covenant and agree as follows: 1. RECITALS & EXHIBITS The above recitals and attached exhibits are specifically incorporated by reference and made part of this Modification. 2. EFFECTIVE DATE The effective date of this Modification shall be the date the last of the parties to be charged executes the Modification ("Effective Date"). 3. E-VERIFY The Agency: (A) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the contract; and (B) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 4. PAYMENTS TO AGENCY A. The parties specifically agree that Paragraph 11 of the Original Agreement is deleted in its entirety and replaced with the following: AGENDA ITEM #6A OCTOBER 26,2015 The Department shall compensate the Agency for the performance of this Agreement in the amount of Twelve -Thousand T hre e-Hun dred Twenty -Four and 67/100 Dollars per quarter $12,324.67 for a total sum of Forty -Nine Thousand Two -Hundred Ninety-Eight and 68/100 Dollars $49,298.68 per year. The next payment shall occur at the conclusion of the next three-month period following the Effective Date of this Modification and subsequent to the last prior payment made pursuant to the Orig in al Agreement. The Department may suspend payment of any sums due hereunder without penalty or mterest if the Agency is In breach of any term or provision of the Agreement at the time payment Is due. In the event th•s Agreement is terminated, payment shall be prorated for the quarter In which termination occurs . IN WITNESS WHEREOF . intend ing to be legally bound hereby, the parties execute th is Addendum consisting of two (2) pages. Florida Oopartment of Transportation Attest: By : ___________ _ By:------------- Printed Name:-----------Printed Name:----------- Title:--------------Title :-------------- Da te :--------------Date :-------------- Legal Review: By:-=--------------------------Offlce of the Genera l Counsel Florida Department of Transportation Agoncy By:------------- Printed Name:----------- Title :--------------- Date:-------------- Legal Review: By :~~~-~--~--------­Lega l Counsel for the Agency 2 Attest: By:--------------- Printed Name:----------- Title :-------------- Date:-------------- Lne No. 1 l 3 4 8 State Road No. 10 101 101 101 101 101 Street Name Atlantic Blvd. Mayport Rd. Mayport Rd. Mayport Rd. 4th & 5th St. @Begonia Mayport Rd. off Mayport Rd. City of Atlantic Beach Maintenance Agreement Exhibit "A" Maintenance Locations & Activities litter lntermet:ftate From To Removal Machine (acre) Mowing {acre) East of Intracoastal Waterway Bridge 3rd St. 6.83 Atlantic Blvd. Assisi Rd. 4.59 Ditch @ Saratoga Cir. So. 1.07 0.50 Ditch @ Fleet Landing Blvd. 0.63 0.30 Retention Pond "B" off Mayport Rd. 1.30 Retention Pond "C" off Atlantic Blvd. 0.67 Pond # 3 @ Hess Station 0.60 Robert St. Dudley St. 0.27 Totals 15.96 0.80 Cycles Per Year 12 9 Total Qty's. 191.52 7.20 Per Year Unit Cost $9.00 $60.00 Total Cost I $1,723 .68 Per Year $432.00 Revised 7/2/2015 Small Slope Mechanical Tree Chemical Edging& Machine Mowing Sweeping Trimming Weed&Grass Sweeping Mowing (acre) (mile) (mile) Control {gal.) (mile) {acre) 4.91 0.78 10.20 0.50 9.09 3.82 6.70 0.50 12.68 2.00 4.80 0.30 9.36 0.78 0.30 3.50 0.56 2.75 0.34 0.26 0.24 10.41 3.88 16.90 1.00 20.41 21.77 9 4 12 2 93.69 15.52 202.80 43.54 $75.00 $175.00 $31.59 $520.00 $7,026.75 $2,716.00 $6,406.45 $1,500.00 $6,853.00 $22,640.80 Quarterly Amount I $49,298.681 1---1 I $12,324.67 l Overall Yearly Cost