Exh 8D~G.ENDA ITEM #SD
JULY 11, 2005
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
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 {apes 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 wiN
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 ls{and
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 Interlacal Agreement between COAB and COJ
BUDGET: Funding for this pro}ect is contained in the Half Cent Saies 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:
tG1;NDA ITEM #3D
JULY 11, 2005
Prepared by and return to:
Neill ~Y.1tilcArthur, Jr,
Office of General Counsel
117 West Duval Street, Suite A80
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 day of , 2005, by and between the
CITY OF JACKSONVILLE, a municipal corporation located at 1'17 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 AIA /
101 (Mayport Road), a Florida Department of Transportation ("FDOT") maintained Right of Way,
within their respective City limits (the rights-of--way of which are recorded in the Official Records of
Duval County, Florida) (hereinafter refereed 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
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AGENDA ITEM #SD
JULY 11, 200
2003 Metropolitan Planning Organization Mayport Road Access Management Study, will provide
substantial safety and traffic management benefits; and
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 Improves with JACKSONVILLE taking the lead
as the project manager; and
WHEREAS, JACKSONVILLE and ATLANTIC BEACH agree that a formally executed
agreement for design and construction of proposed sai~I 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 Mayport 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 Z -OBLIGATIONS
2.0 JACKSONVILLE shall be responsible for:
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~GI;NDA ITIrb1 #3D
JULY 11, 2005
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:
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1GENDA ITEM #SD
JULY 11, 200
2.1.1 Providing funding to JACKSONVILLE for Public Improvement construction
of the median improvements with 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 alI 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: City Manager or designee).
SECTION 3-FUNDING RESPONSIBLLITY
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 SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($975,000.00), lawfully
appropriated for the Public Improvements.
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,GENDA ITEM #3D
JULY 11, 200
' 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 ,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 FIVE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00), 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 ($300,000.00), lawfully appropriated by ATLANTIC BEACH, for the
.. Public Improvements specified in Section 2.1.I, of this Agreement, plus EIGHTY THOUSAND
' ' ($80.004.00) 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
' ~ Iaws or regulations. No party shall act upon any default until it has given the party in default written
notice of the default and thirty (30) days within which to cure the default.
. SECTION 5 -GENERAL PROVISIONS
' " 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
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IGENDA ITEM #3D
JULY 11, 2005
___._
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 ~r 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 parry, 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
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.
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~GIrNDA IT~NI #SD
JULY 11, 2005
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
year 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 pave is intentionally left blank.
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1GENDA ITI•:NI #3D
JULY 11, 2005
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.
ATTEST:
By:
Neill W. McArthur, Jr.
Corporation Secretary
CITY OF JACKSONVILLE
By:
Sohn Peyton, Mayor
STATE OF FLORIDA)
)SS.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of , 2005, by
John Peyton and Neill W. McArthur, Jr., the Mayor and Corporation Secretary respectively, of the
City of Jacksonville, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable boxJ
9 are personally known to me; or
9 produced a current driver's, license as identification; or
9 ,produced as identification
(Sign)
(Print)
... _ .._. NOTARY PUBLIC .... _ .. _..... _.. ....:
My Commission expires:
(NOTARIAL SEAL)
In compliance with the Ordinance Code of the City of Jacksonville, I do hereby certify that there is
an unexpended, unencumbered and un impounded balance in the appropriation to cover the foregoing
Agreement and that provision has been made for the payment of the monies provided therein to be
paid.
Form Approved:
Office of General Counsel
Director of Administration and Finance
City Contract Number:
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,GENDA ITE1~1 #SD
JULY 11, 2005
. 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.
ATTEST:
By:
Donna Bussey, City Clerk John 5. Meserve, Mayor
800 Seminole Road 800 Seminole Road
Atlantic Beach, FL 32233 Atlantic Beach, FL 32233
f
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of , 2005, by
John S. Meserve and Donna Bussey, respectively, of the City of Atlantic Beach, a municipal
corporation in Duval County, Florida.
Such persons: {notary must check applicable box)
9 are personally lmown to me; or
9 produced a current driver's license as identification; or
9 produced as identification
NOTARY PUBLIC
(Sign)
(Print}
My Commission expires:
(NOTARIAL SEAL)
F:1PublicWot4cs~Projects~iayport RoadlFinal_Adantic Beach InterlocalAgreement-MayportRd.doc
CITY OF ATLANTIC BEACH
By:
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