Item 8A- Resolution No. 18-08AGENDA ITEM:
SUBMITTED BY:
TODAY'S DATE:
MEETING DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Resolution No. 18-08 authorizing the execution of an agreement
with the Florida Department of Transportation for the
construction of a sidewalk and associated bicycle safety
improvements on Sherry Drive and Seminole Road .
Joe Gerrity, City Manager
March 6, 2018
March 12, 2018
SUMMARY: In May 2016, the City Commission approved an agreement for the Jacksonville
Tran sportation Authority to administer the construction of a pede strian and bicycle sidewalk on
Sherry Drive and Seminole Road from Ahern Street to 17th Street.
With the project publicly vetted and engineered, the next step is for the City of Atlantic Beach
and the Florida Department of Transportation to enter into a construction and maintenance
agreement.
The sidewalk project construction will be funded entirely by FDOT with no financial obligation
on the part of the City of Atlantic Beach. Upon completion of the project, the City of Atlantic
Beach will be responsible for the sidewalk's maintenance.
Construction bids will be solicited shortly after adoption of this resolution and execution of the
agreement with FDOT . On February 28, 2018, FDOT said that the construction budget is
$688,246 .
CITY MANAGER: -~~=-----'A"""-----===-=~ ... IE.t*,..--------
ATTACHMENTS:
• Resolution No . 18-08
• Memorandum of Agreement between the City of Atlantic Beach and the Jacksonville
Tran sportation Authority executed Oct . 12, 2016.
1
Agenda Item 8A
March 12, 2018
RESOLUTION NO. 18-08
RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE
CONSTRUCTION OF A SIDEWALK AND ASSOCIATED PEDESTRIAN
AND BICYCLE SAFETY IMPROVEMENTS ON SHERRY DRIVE AND
SEMINOLE ROAD; ACKNOWLEDGING THAT THE PROJECT IS
FUNDED BY FDOT AND NO CITY FUNDS WILL BE UTILIZED FOR
CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACTS AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS , the health and safety of children, particularly in the area of Atlantic Beach
E lem entary School , is of highest concern to the citizens of Atlantic Beach;
WHEREAS, in May 2016 , the Atlantic Beach City Commission approved an agreement
for the Jacksonvill e Transportation Authority to administer a pedestrian and bicycle sidewalk on
Sherry Drive and Seminole Road from Ahem Street to 17th Street;
WHEREAS, now that the sidewalk project has been publicly vetted and engineered, the
City of Atlantic Beach desires to enter into an agreement with the Florida Department of
Transportation (FDOT) to proceed with construction; an
WHEREAS, the engineering and construction is being funded by FDOT with no
fmancial obligation on the part of the City of Atlantic Beach.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic
Beach as follow s:
SECTION 1. The City Commission hereby approves a contract with FDOT for the
construction of a si dewalk and associated pedestrian and bicycle safety improvements on Sherry
Drive and Seminole Road from Ahem Street to 17th Street.
SECTION 2. The City Commission acknowledges that the sidewalk project is fully
funded by FDOT and no additional city funds will be utili zed to complete the proj ect.
SECTION 3. The City Manager is hereby authorized to execute contracts as necessary
to effectuate the provisions of this Resolution.
SECTION 4. This Resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this 12th day of March, 2018.
Agenda Item 8A
March 12, 2018
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M . Durden, City Attorney
Ellen Glasser, Mayor
Agenda Item 8A
March 12, 2018
Financial Project ld . No. 434343-1-58-01
Federal ld. No . ~D=.2.!...17!..._-~0.!-'75~--"'B~___,.-----:--:-----::
Project Description Sidewalk on Sherry Drive Atlantic Beach Elementary
Off System Agency Construct & Ma intai n
EXHIBIT "C"
Memorandum of Agreement Between City of Atlantic Beach and Jacksonville Transportation
Authority
MEMORANDUM Of AGJIEEMI:NT BETWEEN
THE CfTY OF ATLANTIC BEACH AND
TH.E JACKSONVILlE TAANSPORlA110N AUTHORITY
FOR THE SHERRY DRIV£ SAfETY WAU<S SIDEWALK PROJ£CT
The Memorandum of Agreement (this ..,Agreement") ·1~ made as .of O~b?.v l2. 2016, by and
between the lACKSONVJil.£ TRANSPORTATION AUTHORI1Y, a booy polftlc and corporate and an agency
of the State of Florida ~ted pursuant to Part n, Chapter 349, Ftonda Statutes, whose ptlmary business
address is 12.1 West R>rsy:tf) Street, SUite 200, Jadlcsonvllle, Fl 32202 (the "JTA1 and the CnY OF
ATI.AHTIC BEAOI, a Florida munldpal oorporatiOn whose primary business . address ls
OooJ'eminol e &L '*'· 84, EL SZ-23 (the "City"). The JTA. and the City may herei nafter be
referred to singularly as a "'Party" or coiJective[y u "Parties,"
WrtNESSETH
WHOfAS., it is In the interest of the C[ty and JTA to work together to address mobility In the City and to
combine efforts to more cost effecthlely provide mob!Qty options for the cititens of tfle City and of
Northeast Floridlt; and
WHEREAS, JTA Is engaged In the business of addressing mobiRty In Northeast FJorlda and has delivered
numerous transPOrtJtlon projects In Duval County and presently desires to construct a sidewalk along
Sherry DrlYe and Seminole Road, from Ahern Stn!et to 17tli Street., as weU as minor drainage and
intscertaneous improvermmts which may Impact l-andscaping. mallbOlf.es and utilities along Sherry Drive
and Semfnole Road within Oty risht-of-way (the Project"); and
WHfflfAS, The Cttydeslres to have JTA construct the ProJect; and ·
NOW, lliEREFORE, In consideration of sood and valu:able conslderatfon, the receipt and sufficiency of
which are hereby BCknowle.dge(l, the Parties hereby agree ·llS follows:
1. Retltal1 . The recltals above are true and correct and Incorporated herein by this
referer1ce.
2. Obllutlops of the tttv. The City llgrefl to:
a. Lead and direct all public Involvement efforts for the Project, including meeting
With the City Corpmbsion, and conducting a pobllc meeting to present Project
objectives and address pubUc questions and ·concerns.
b. Accept ownersh1p and maintenance responsibilities. for the Pr:oject.
a. 9l?lfntion of the JTA. The JTA agrees to:
a. Administer the Project.
b. Keep the City advised of the progress of the Project design and oool111oate with
the City all known public concerns w1th the Project.
4. MisceUanequs.
a. Entire Agr:eement. This Asreement folly and completely expresses the
asreement of the Parties with respect to the matters contained herein and s.h!lll
not be modified or further amended ei(Cept by Wii:tten agreement executed by
Page1cf3
D2 Legal Form OffAgCMA FINAL/7-5-2017 Page 24
Agenda Item 8A
March 12, 2018
Financial Project ld. No . 434343-1-58 -01
Federal ld. No . ~D:=.2_!_17c-~0~75:!.:-:.!:!B~--------
Project Description Sidewa lk on S herry Drive Atl antic Beach Elementary
Off System Agency Const ruct & Maintain
EXHIB IT "C" Cont.
each of the Parties hereto. Any and all riders and exhlblts attached to this
Agreement are made part of this; ABreement for aiJ purposes.
b. No Waiver, No proviston of this Agreement slla!J be deemed to have been
waived by JT'A or atv unless such waiver be In writil18 s(Sned bv .the waivrll8
Party and addressed to the other Party, nor shaJJ anv wstom or practics wh ich
may grow up between the Parties In the administration of the prov!Jions hereof
be construed to wailte or lessen fhe r'lsht of .ITA or Otv to lnslst upon the
performance by tbe other Party In strict accordance with the terms hereof.
~. SUtc;assors and Assigns. The termsi provisions, covenants, and COfldltlons
contained In this Agr;eement shall apply to, Inure to the beneflt of, and be
binding upon the Parties hereto, and upon their respective successors in
Interest and legal representatives, except as otherwise herein expressly
prollided.
d. Partiill Jnvalidltv. If any terms of this Agreement. or 1he application of the -term
to aoy person or drcumstance is, to any extent lnvalld or unenfon:eabfe, the
remainder of ·thfs Agreement, or the ~plication of the tenn to persol15 or
circumstances other than those as to which the term Is held lnvand or
unenforceable; will not be affected by the appllcatloD, and each term of this
Agreement will be valid and will be enforced to the fuUest extent pe1mltte.d by
law .
e. Further Apurances.. The Partles a,gree to execute and deliver such other
documents and Instruments as may be reasonably required to effectuate the
purposes of this Agreement . ·
(Signature Page Follows)
Page2of3.
D2 Legal Form OffAgCMA FINAL /7-5-2017 Page 25
Agenda Item 8A
March 12, 2018
Financial Project ld. No. 434343-1-58 -01
Federal ld . No . =<D.=.21,_,7,--0"'-'7'-"5'-'-B"'----------
Project Description Sidewa lk on Sherry Drive Atlantic Beach Elementary
Off System Agency Construct & Maintain
EXHIBIT "D"
(RESOLUTION)
D2 Le gal Form OffAgCMA FINAL/7 -5-2017 Pa ge 27
Agenda Item 8A
March 12, 2018
.. -~ .i
I ...
MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH AND
THE JACICSONVIU£ TRANSPORTATION AUTHORITY
FOR THE SHERRY DRIVE SAFETY WAUCS SIDEWALK PROJECT
The Memorandum of Agreement (this *Agreement") ·Js made as .Of ~tev-l'2. 2016, by and
between the JACJCSONVIU£ TRANSPORTATION AUTHORITY, a body politic and corporate and an agency
of the State of Florida created pursuant to Part II, Chapter 349, Florida Statutes, whose primary business
address is 121 West FOrsyth Street, Suite 200, JadcsonvJIIe, Fl 32202 (the "JTA•) and the CITY OF
ATI.ANTlC BEACH, a Rorfda munidpal rorporation whose primary business address Is
8/J()J'eminole &/)frH, 8th, ~L 22-Z~~ (the "City"). The JTA and the Oty may h~relnafter be
referred to singularly as a "Party" or collectively as "Parties."
WITNESSETH
WHEREAS, it Is in the interest of the City and JTA to work together to address mobility in the City and to
combine efforts to more cost effectively provide mobility options for the citizens of the City and of
Northeast Florida; and
WHEREAS, JTA Is engaged in the business of addressing mobility In Northeast Florida and has delivered
numerous transportation projects In Duval County and presently desires to construct a sidewalk along
Sherry Drive and Seminole Road, from Ahern Street to lt' Street, as weU as minor drainage and
miscellaneous improvements which may impact landscaping, mailboxes and utilities along Sherry Drive
and Seminole Road within City right-of-way (the Project"'); and
WHEREAS, The Oty desires to have JTA construct the Project; and ·
NOW, THEREFORE, In consideration of good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereby agree ·as follows:
1. Recitals. The redtals above are true and correct and incorporated herein by this
reference.
2. Obllsatlons of the Citv. The City agrees to:
a. lead and direct all public involvement efforts for the Project, including meeting
with the Oty ~mission, and conducting a public meeting to present Project
objectives and address pubHc questions and concerns.
b. Accept ownership and maintenance responslbUit:Jes for the Project.
3. ObiJcationoftheJTA. TheJTAagreesto:
a. Administer the Project.
b. Keep the City advised of the progress of the Project design and coor~lnate with
the City all known public concerns with the Project.
4. Miscellaneous.
a. Entire Agreement. This Agreement fully and completely expresses the
agreement of the Parties with respect to the matters contained herein and shall
not be modified or further amended except by written agreement exearted by
Pagelof3
Agenda Item 8A
March 12, 2018
•
each of the Parties hereto. Any and all riders and exhibits attached to this
Agreement are made part of this Agreement for all purposes.
b. No Waiver. No provision of this Agreement shall be deemed to have been
waived by ITA or City unless such waiver be In writing signed by. the waiving
Party and addressed to the other Party, nor shall any custom or practice which
may grow up between the Parties In the administration of the provisions hereof
be construed to waive or lessen the right of JTA or City to Ins ist upon the
performance by the other Party In strict accordance with the terms hereof.
c. Sug:essors and Assigns . The terms, provisions, covenants, and conditions
contained In this Agreement shall apply to, Inure to the benefit of, and be
binding upon the Parties hereto, and upon their respective successors in
interest and legal representatives, except as otherwise herein expressly
provided.
d. Partiallnval!dltv. If any terms of this Agreement, or the application of the-term
to any person or circumstance Is, to any extent, Invalid or unenforceable, the
remainder of this Agreement, or the application of the term to persons or
circumstances other than those as to which the term is held Invalid or
unenforceable, will not be affected by the application, and each term of this
Agreement will be valid and will be enforced to the fullest extent permitted by
law.
e. Further A5surances. The Parties agree to execute and deliver such other
documents and Instruments as may be reasonably required to effectuate the
purposes of this Agreement. ·
(Signature Page Follows)
Page2of3
Agenda Item 8A
March 12, 2018