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Interlocal Agreement for Mayport Road - Contract # 5629-35OFFICE OF GENERAL COUNSEL aA"` RICHARD A. MULLANEY CITY OF JACKSONVILLE CINDY A. LAQUIDARA GENERAL COUNSEL CHIEF DEPUTY GENERAL COUNSEL MICH EL J TO A Sp,CRSO A . RMG N ~ .4 0 NEILL W. MCARTH UR, JR. TRACEY I. ARPEN, JR. ~, ERNST D. MUELLER THOMAS M. BEVERLY F C DOUGLASS E, MYERS, JR. WILLIAM B. BIIRKETT CJ ~ V(RGRJIA B. NORTON KAREN M. CHASTAM BRUCE D. PAGE DERREL Q. CHATMON * F * GAYLE PETRIE THOMAS M. CLAYTON T LORI~~ JON R. PHILLIPS R. WILLIAM CROWE GREGORY K. RADLMSKI COLLETTE B. CUNNiNGHAM CITY HALL, ST. JAMES BUILDING DYLAN T. REEJGOLD TIMOTHY W. DUNHAIvI STEVEN E. ROHAN SHANNON K. ELLER 117 WEST DUVAL STREET, SUITE 480 ANDRES ROJAS BRENDA B. EZELL JACKSONVILLE FLORIDA 32202 JULIANA ROWLAND LOREE L. FRENCH , MARGARET M. SIDMAN JOHN F. GERMANY, JR WENDY L. STEMER SEAN B. GRANAT LESLEI G. STREET SUZANNE S. HOWARD EDWARD C. TANNEN SCOTT D. MAK.4R JASON R. TEAL HOWARD M. MALTZ MICHAEL B. WEDNER June 13, 2006 /~N ` ~' -~ Rick Caper, P.E. j City of Atlantic Beach B~',. S ~~~6 800 Seminole Road ~~ Atlantic, Beach, FL 32233 ~~ RE: Interlocal Agreement For Mayport Road: COJ Contract # 5629-35 Dear Mr. Caper: I am sending you one (1) fully executed interlocal agreement relative to the captioned matter. We shall record this in the Official Records of Duval County and send you a copy of the recorded document. Thank you for your attention. rdially, GtiI,/W~ eill W. McArthur, Jr. Chief, Contract Administration and Corporation Secretary Office Telephone Writer's Direct Line Facsimile Writer's E-Mail Address Office Web Site (904) 630-1700 (904) 630-1715 (904) 630-1731 Neil1M@coj.net GeneralCounsel.coj.com Prepared by and return to: Neill W. McArthur, Jr. Office of General Counsel 117 West Duval Street, Suite 480 Jacksonville, Florida 32202 INTERLOCAL AGREEMENT BETWEEN CITY OF JACKSONVILLE, AND CITY OF ATLANTIC BEACH FOR DESIGN AND CONSTRUCTION OF LANDSCAPED MEDIANS ALONG SR A1A / 101 (MAYPORT ROAD) IN DUVAL COUNTY, FLORIDA THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement"), made and entered into in triplicate on this ~ 3 "I yl day of ..yl~tJU¢.• , 2005, by and between the CITY OF JACKSONVILLE, a municipal corporation located at 117 West Duval Street, Suite 400, Jacksonville, Florida 32202 (hereinafter referred to as "JACKSONVILLE"); and the CITY OF ATLANTIC BEACH, a municipal corporation located at 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter referred to as "ATLANTIC BEACH"); WITNESSETH: WHEREAS, JACKSONVILLE, and ATLANTIC BEACH both have portions of SR AlA / 101 (Mayport Road), a Florida Departrnent of Transportation ("FOOT") maintained Right of Way, within their respective City limits (the rights-of--way of which aze recorded in the Official Records of Duval County, Florida) (hereinafter referred to as "Mayport Road"}; and WHEREAS, JACKSONVILLE and ATLANTIC BEACH agree that design and construction of certain "Public Improvements", as hereinafter defined and as proposed by the October 2003 Metropolitan Planning Organization Mayport Road Access Management Study, will provide substantial safety and traffic management benefits; and 1 WHEREAS, the Florida Department of Transportation is in favor of said Public Improvements and has provided some funding therefore; and desires that the parties work jointly to accomplish design and construction of the Public Improvements with JACKSONVILLE taking the lead as the prvj ect manager; and WHEREAS, JACKSONVILLE and ATLANTIC BEACH agree that a formally executed agreement for design and construction of proposed said Public Improvements between the two (2} parties will promote the lasting beauty, durability, and aesthetics of the Public Improvements and such agreement will be in the best interest of both parties; and WHEREAS, JACKSONVILLE and ATLANTIC BEACH now desire to set forth their agreement regarding the design and construction, costs and funding of the Public Improvements in this written Agreement; now therefore IN CONSIDERATION of the mutual promises and covenants contained herein, JACKSONVILLE and ATLANTIC BEACH agree as follows: SECTION 1-DEFINITIONS 1.1 "PUBLIC IMPROVEMENTS" means capital improvements consisting of certain road, streetscape and landscape improvements along that portion of M~~yport Road between the Mayport Flyover and Naval Station Mayport. 1.2 "DESIGN CONSULTANT" means that group or organization chosen by JACKSONVILLE, in consultation with ATLANTIC BEACH, to be responsible for design, plan and Bid specification preparation necessary to construct said improvements. SECTION 2 -OBLIGATIONS 2.0 JACKSONVILLE shall be responsible for: 2 2.0.1 Entering into and executing a Local Agency Partner (LAP) agreement with FDOT that will allow JACKSONVILLE to provide overall management of the entire project design and construction efforts. 2.0.2 Overseeing the entire design and construction of the Public Improvements, including, but not limited to supervising, design, bidding and construction administration for the Public Improvements. 2.0.3 Coordination with ATLANTIC BEACH to ensure continuity of design between the two cities, including plan and landscape concept review. 2.0.4 Performing all administrative and financial liaison with FDOT, including invoicing, coordination of plan review and applicable standards. 2.0.5 Ensuring all appropriate and applicable purchasing regulations and requirements are followed in the bidding, selection of contractor and administration of the construction of the Public Improvements. 2.0.6 Providing funding, as detailed in Section 3, of this Agreement for the design and construction of the Public Improvements within JACKSONVILLE city limits, for costs in excess of FDOT funding levels, as allocated on a lane mile basis for such Public Improvements. 2.0.7 Recording this Agreement in the Official records of Duval County, in the Office of the Clerk of the Circuit and County Courts, as provided in Section 163.01(11), Florida Statutes. 2.0.8 JACKSONVILLE agrees to provide three (3) sets of blueline prints, and complete CADD files, of final As-Built Drawings of the Public Improvements to ATLANTIC BEACH after the completion of construction of the Public Improvements. 2.1 ATLANTIC BEACH shall be responsible for: 3 2.1.1 Providing funding to JACKSONVILLE for Public Improvement construction of the median improvements within ATLANTIC BEACH city limits, for costs in excess of FDOT funding levels, as allocated on a lane mile basis for such Public Improvements. 2.1.2 Negotiating and paying for design services for the Public Improvements to be located in the ATLANTIC BEACH city limits, by a separate contract between ATLANTIC BEACH and a design professional. 2.1.3 Conducting timely reviews of all plans, including approval prior to release for bidding the portion of the Public Improvements within ATLANTIC BEACH, specifications, invoices and other project materials submitted to ATLANTIC BEACH for concurrence. 2.1.4 Any Public Improvement cost overruns, on a ratio directly proportional to the portion of the Public Improvements within ATLANTIC BEACH limits. 2.2 The address of JACKSONVILLE for the purposes of communications relating to this Agreement shall be as noted above (contact person: Mayor or designee). 2.3 The address of ATLANTIC BEACH for the purposes of communications relating to this Agreement shall be as noted above (contact person: Gity Manger or designee). SECTION 3-FUNDING RESPONSIBILITY 3.1 JACKSONVILLE shall appropriate and distribute the FDOT funding in an amount not-to-exceed THREE MILLION THREE HUNDRED THIRTY THOUSAND AND 00/100 DOLLARS ($3,330,000.00) FOR ALL OF THE public Improvements. 3.2 JACKSONVILLE's maximum indebtedness for the design and construction of Public Improvements, as specified in Section 2.0.6, of this Agreement, shall be a total amount not-to-exceed NINE HUNDRED SEVEN'T'Y-FIVE THOUSAND AND 00/100 DOLLARS ($975,000.00), lawfully appropriated for the Public Improvements. 4 ~ ~ ~ C~~ ~ ~~ 3.3 JACKSONVILLE shall provide to ATLANTIC BEACH, an amount, not-to-exceed TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS, as authorized and appropriated in Ordinance 2003-462-E, to assist with the Public Improvements specified in Section 2.1.1, of this Agreement. 3.4 ATLANTIC BEACH's maximum indebtedness for the design and construction of Public Improvements, as specified in Section 2.1.1, of this Agreement shall be a total amount not-to- exceed SIX HUNDRED THIRTY THOUSAND AND 00/100 DOLLARS ($630,000.00), which consists of the TWO HUNDRED FIFTY THOUSAND and 00/100 dollars ($250,000.00), from JACKSONVILLE as previously described in Section 3:3, of this Agreement, plus THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000.00) lawfully appropriated by ATLANTIC BEACH, for the Public Improvements specified in Section 2.1.1, of this Agreement, plus EIGHTY THOUSAND AND 00/100 DOLLARS ($80,000.00) for design services, as contemplated in Section 2.1.2, of this Agreement. SECTION 4 -DEFAULT AND REMEDIES 4.1 A default shall consist of the breach or anticipatory breach of any covenant, agreement, representation, provision, or warranty entered into between JACKSONVILLE and ATLANTIC BEACH relating to the Public Improvements. If a default, breach or anticipatory breach occurs, the party not in default may, at any time or from time to time, proceed to enforce its remedy under this Agreement by suit in equity, action at law or by any other appropriate proceeding for damages or other relief, or proceed to take any action authorized or permitted under the applicable laws or regulations. No party shall act upon any default until it has given the parry in default written notice of the default and thirty (30) days within which to cure the default. 5 SECTION 5 - GENERAL PI20VISIONS 5.1 JACKSONVILLE, and ATLANTIC BEACH, each bind the other and their respective successors and assigns in all respects to all of the terms, conditions, covenants and provisions of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of JACKSONVILLE or ATLANTIC BEACH nor shall it be construed as giving any right or benefit hereunder to anyone other than JACKSONVILLE, ATLANTIC BEACH, their successors and assigns. 5.2 All parties agree to comply with all applicable laws, rules and regulations, federal, state and local, in its performance under this Agreement and its implementation. 5.3 No waiver by any party at any time of any of the terms, conditions, covenants, and agreements herein, or of any default, shall be deemed or taken as a waiver at any time thereafter of the same or any other term, condition, covenant or agreement herein contained, nor of the strict and prompt performance thereof. 5.4 This Agreement constitutes the entire agreement between JACKSONVILLE and ATLANTIC BEACH. No statement, representation, writing, understanding, agreement, course of action or course of conduct, made by either party, or any representative of either party, which is not expressed herein shall be binding. No change in, modification of, or supplement to this Agreement shall be valid or enforceable unless it is enacted in writing and signed by the duly authorized representatives of JACKSONVILLE and ATLANTIC BEACH by formal amendment. 5.5 The use of the singular in this Agreement_shall include the plural and the pronouns shall be considered as masculine, feminine or neutral in gender wherever the context so requires. 5.6 Should any provision of this Agreement be determined by any court of competent jurisdiction to be illegal or in conflict with any federal, state or local law or 6 ordinance or rule or regulation, such provision shall be deemed severed from the Agreement and the validity of the remaining provisions shall not be impaired. 5.6 This Agreement may be executed in several counterparts, each of which shall be deemed to be an original; and all of such counterparts together shall constitute one and the same instrument. SECTION 6 -MEMBERS OF LOCAL GOVERNING BODY, OR THER PUBLIC OFFICIALS 6.1 No member, officer or employee of the governing body of the locality in which the Public Improvements are situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one yeaz thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work performed in connection with the Public Improvements maintained under this Agreement. This prohibition shall apply to all contracts or subcontracts in connection with the maintenance of the Public Improvements. The remainder of this page is intentionally left blank. 7 ,~" IN WITNESS WHEREOF, the City of Jacksonville, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. A B 2005, by ly, of the Such persons: (notary must check applicable box) Irk' are personally known to me; or produced a current produced „~",, SharoA•a E• t;l~appelle ,ti¢a~••°•~s °•`'`;= Commission ~ C~t~311312 ~;~••. •a~: Expires July 25, 2©08 ~n ~ uo Bonded Tro fain - Insurance, InA, g60.3o9aoto "'~ °~ ~`~'' Y drivers license as identification; or (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) In com ce with the Ordinance Code of the City of Jacksonville, I do hereby certify that there is an p~ ded, unencumbered and un impounded balance in the appropriation to cover the foregoing A e t and/tJ~a~~prov~sion has been made for the payment of the monies provided therein to be ~ Approved: f General Counsel, ~~ ~~ Director of Administration and Finance City Contract Numbers ~~ 29 _?,,~ 8 l.1Ly Ul J2LC:liJViLV11LG, A 11111t111~1~JC11 t.VlYvia~ivu to Lurua ~.vuaa~J, i i.+i....... IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTES :~ CITY B /~ By: ~ y. Donna Bussey, City Clerk Joh 800 Seminole Road 800 Atlantic Beach, FL 32233 Atli STATE OF FLORIDA) )ss. COUNTY OF DUVAL) ANTIC BEACH ~ se e, Mayor ~inole oad Beach, FL 32233 The foregoing instrument was acknowledged before me this ~/ S ~ day of - 1 2005, by John S. Meserve and Donna Bussey, therespectively, of the City of Atlantic each, a municip corporation in Duval County, Florida. Such persons: (notary must check applicable box) Q are personally known to me; or produced a current produced Sign) NOTARY PUBLIC (NOTARIAL SEAL) ,,,, YVONNE M. CALVERLEY '~ti,~~.~ MY COMMISSION ~ DD342192 ;,:;? EXPIRES: July 29, 2008 •~RG~~4'~' BondedThtuNoteryPu6GcUnderwriMera F:~PublicWorks~ProjectsiMayport Road~Atlantic Beach Interloca(Agreement-MayportRd.doc 9 driver`s license as identification; or R -GENDA ITEM #SD ` JULY 11, 2005 CITY OF ATLANTIC BEACH ~~~~' ~''"" CITY COMMISSION MEETING .~(,~~ ~~?~~ f STAFF REPORT AGENDA ITEM: Request for Authorization to Enter into Interlocal Agreement with the City of Jacksonville for Construction of the Mayport Road Median and Landscape Improvements SUBMITTED BY: Rick Carper, P.E., Director of Public Works DATE: July 1, 2005 BACKGROUND: The addition of landscaped medians, dedicated tum lanes and other roadway improvements for Mayport Road have been proposed and studied over the past four years. Agreement for construction of the safety and esthetic improvements, in conjunction with the planned resurfacing of SR A1A, has been reached between FDOT, the City of Jacksonville (COJ) and the City of Atlantic Beach (COAB). COJ has agreed to be the overall project manager, executing a Local Agency Project (LAP) agreement with FDOT. The LAP agreement transfers resurfacing funds ($3.330M) from FDOT to COJ for execution. COAB will contract with GAI Consultants, our previously competitively selected engineering consultant, for design of the improvements within COAB limits (W. 7"' Street to Dutton Island Road). To facilitate a seamless design, COJ will then `piggy-back' on our contract for design of the improvements between Dutton Island Road and Mayport Naval Station. Following design approval, COJ will bid and oversee construction of the entire project, with reimbursement from COAB for construction costs within our limits. The Interlocal Agreement also provides for $250,000 previously allocated by the COJ City Council for landscape improvements in Atlantic Beach to be used for these Mayport Road improvements. RECOMMENDATION: That the Commission authorize the Mayor to sign the attached Interlocal Agreement between COAB and COJ providing design and funding responsibilities for the proposed Mayport Road improvements. ATTACHMENTS: Proposed Interlocal Agreement between COAB and COJ BUDGET: Funding for this project is contained in the Half Cent Sales Tax Fund 131-5002-541-6300, Project PW0401, with $81,000 in FY2005 for survey, design and permitting, and $291,000 proposed in FY 2006 for construction. REVIEWED BY CITY MANAGER: f/1J , ~ rL/~ ~~ °:: Y _ _ ~ t`I LEGISLATIVE ,FACT SHEET ~ QDO~ .. DATE: September 20, 2005 BT R RC NUMBER: 2995- d a SPONSORING AGENCY (Department/Divlsion/Agency): PUBLIC WORKS/ENGINEERING Federal or State Mandates: N/A PURPOSE/SiJMMARY: Appropriate $250,000 from special council reserves for landscape improvements along Mayport Road within the City of Atlantic Beach as previously authorized by Ordinance 2003-462-E. Appropriate $300,000 in funding from the City of Atlantic Beach for construction costs associated with the landscape improvements along Mayport Road (within COAB). Ordinance shall authorize execution of the attached Intertocal Agreement between the City of Jacksonville and the City of Atlantic Beach for design and construction of landscaped medians along SR AlA/101 (mayport Road). Ordinance shall also amend the 2005/2010 Capital Improvement Program to authorize priority , one status for the $250,000 and $300,000 funds respectively. Since the iaterlocal agreement authorizes the city to manage the entire project, the ordinance shall also waive the requirement that plans be prepared before COAB funds are appropriated. FUNDING: Net Amount Appropriated: $ 550,000.00 Name of.Federal Funding Source: NA Amount: NA Name of State Funding Source: N/A Amount: N/A Name of City of Jax Funding Source: Special Council Reserves Amount: $250,000 Name of In-Kind Contribution Source: NA Amount: NA .IMPACT -FINANCIAL/OTHER: -Funds will be used by the city to construct landscape improvements along Mayport Road in the City. of Atlantic Beach in conjunction with the milling and resurfacing project previously authorized by Ordinance 2005-531-E. ACTION ITEMS: Emergency? . Fiscal Year Carryover? CIP Amendment? Contract Approval? Related RC? Waiver of Code? Continuation Grant? Yes No X Justification: NA Yes X No Yes X No -(Attach CIP) Yes X No Yes _ No X (Attach a copy) Yes _ No X (Identify Code Provision Yes No X (Please Complete and Return Immediately) To:. MBRC, c/ti Roselyn Chall, Budget Division, Suite 325 cc: Adam Hollingsworth, Council Liaison Mayor's Office, Fourth Floor, City Hall at St. James From: Alan R. Mosley, P. E., Director of Public Works Phone: 630-1665 Fax: 630-2909 Contact person: .Telephone: Fax: FACT SHEET IS REQUIRED BEFORE LEGISLATION IS INTRODUCED