Exh 8FAGENDA ITEM #8F
SEPTEMBER 25, 2000
DATE: September 15, 2000
SUBMITTED BY: Jim Hanson, City
BACKGROUND: The agreement between th~Cities of Atlantic Beach, Neptune Beach
and Jacksonville for the ' provements to the Town Center area calls
for another agreement to be entered prior to completion which would
provide for the continuing maintenance of those improvements.
Various drafts of this agreement have been presented and discussed at
the Project Oversight Committee meetings in recent months. At the
POC meeting on September 14th, members present unanimously voted
to approve the attached contract for recommendation to the three Cities
for their approval.
This contract provides for the maintenance of the landscaping, brick
walkways, paving, drainage structures and other improvements that
have been recently installed. Jacksonville will take the responsibility for
maintenance of the streets, curbs and drainage structures along Atlantic
Boulevard from 3rd Street East to the beach, although they refuse to
accept any responsibility for the continuing drainage problem. Atlantic
Beach and Neptune Beach will be responsible for all other maintenance
including landscaping and the brick sidewalks. To promote
coordination and and efficiency, Atlantic Beach and Neptune Beach will
agree to utilize one landscape contractor to maintain the landscaping
and all portions of the Town Center and to split the cost on an equal
basis. Water for the irrigation system by Neptune Beach water will also
be split.
The landscaping work is being done in two phases. Different portions
are to be taken over by the Cities for maintenance on different dates.
However, the responsibility for maintenance of the grass areas in the
new section of Town Center is to be transferred to the Cities beginning
on September Zlg`. To provide for the continued maintenance in the
Town Center area, we will have akeady begun maintenance of some
sections of Town Center by the time of this item being considered by
the City Commission.
AGENDA TTEM #8F
SEPTEMBER 25, 2000
BUDGET: As previously reported, bids had been received for the maintenance
of this area totaling $46,272.00 per year. We anticipate handling
the maintenance on a month to month basis until bid specs can be
_ _.___ _ ______ _ __________ ______ _ revised _and new bids taken_with a current target date estimated of
.December of this year for contract award.
RECOMMENDATION: The City Commission should approve the execution of this contract.
ATTACHMENTS: 1. TRI-PARTY AGREEMENT BETWEEN THE CITIES OF
JACKSONVILLE, ATLANTIC BEACH AND NEPTUNE
BEACH FOR MAINTENANCE OF LANDSCAPE AND STREET
SCAPE IMPROVEMENTS IN THE TOWN CENTER AREA.
AGENDA ITEM #8F
• SEPTEMBER 25, 2000
' TRI-PARTY AGREEMENT BETWEEN CITY OF JACKSONVHLLE,
CITY OF ATLANTIC BEACH AND CITY OF NEPTUNE BEACH
FOR MAINTENANCE OF LANDSCAPE AND STREETSCAPE IMPROVEMENTS
__:-_- ____ _ _ .: _.__ =ALONG ATLANTIC BOULEVARD, FIRST_STREET, AND_OCEAN BOULEVARD ___ -____
IN THE AREA KNOWN AS "TOWN CENTER" .
. DUVAL COUNTY, FLORIDA
THIS AGREEMENT, made and entered into in triplicate on this day of
2000, 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' ;the CITY OF ATLANTIC BEACH, a municipal corporation
located at 800 Seminole Road, Atlantic Beach, Florida 32233, 'hereinafter referred to as
"ATLANTIC BEACH"; and the CITY OF NEPTUNE BEACH, a municipal corporation located at
116 First Street, Neptune Beach, Florida 32266, hereinafter referred to as "NEPTUNE BEACH";
WITNESSETH:
WHEREAS, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE .BEACH are
presently nearing completion of construction of certain road, streetscape and landscaping
improvements on portions of Atlantic Boulevard, First Street and Ocean Boulevard (the
rights-of--way of which are recorded in the Official Records of Duval County, Florida),
hereinafter referred to as the "Public Improvements"; and
WHEREAS, a portion of the said construction of the ,Public Improvements was
accomplished by a Four-Party Agreement, dated December 14, 1998, between JACKSONVILLE,
ATLANTIC BEACH, NEPTUNE BEACH, and the Town Center Agency, Inc.; and
WHEREAS, Section 5.8 of the said Four-Party Agreement requires that a separate Tri-
Party Agreement between ATLANTIC BEACH, NEPTUNE BEACH, and JACKSONVILLE,
acceptable to all three (3) parties, shall be executed which clearly defines each City's
maintenance responsibilities for the Public Improvements constructed thereunder and in previous
phases prior to project completion and expiration of the Contractor's warranty period; and
AGENDA ITEM #8F
SEPTEMBER 25, 2000
` ~ WHEREAS, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH agree
that a formally executed maintenance agreement between the three (3) parties will promote the
lasting beauty, durability, and aesthetics of the Public Improvements;,and
WHEREAS, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE. BEACH now
desire to set forth their agreement regarding the maintenance of the Public Improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, JACKSONVILLE, ATLANTIC BEACH and NEPTUNE BEACH, agree as follows:
' SECTION 1
DEFINITIONS
' 1.1 "JACKSONVILLE" means the Consolidated City of Jacksonville, Florida.
1.2 "ATLANTIC BEACH" means the City of Atlantic Beach, Florida.
1.3 "NEPTUNE BEACH" means the City of Neptune Beach, Florida.
1.4 "PUBLIC IMPROVEMENTS" means capital improvements consisting of certain
road, streetscape and landscape improvements along that portion of Atlantic Boulevazd between
Third Street and the Beach; that portion of First Street between Atlantic Boulevard and Orange
Street; and that portion of Ocean Boulevard between Atlantic Boulevard and Ahern Street; which
were constructed or installed under, or prior to, the Four-Party Agreement dated December 14,
1998, using plans and specifications prepared by R. Glen Mitchell & Associates, and constructed
by ABBA Construction, Inc.; BGCO, Inc.; or earlier contractors, and including the entranceway
columns.
1.5 "CONTRACTOR" means Abba Construction, Inca (as to road and streetscape
improvements), and/or BGCO, Inc. (as to landscape improvements).
AGENDA ITEM #8F
SEPTEMBER 25, 2000
SECTION 2
OBLIGATIONS
__=---_ -----_-::____.2.1 ___-JACKSONVILLE_shall be responsible for the maintenance of the asphalt pavement,-:- -_
curbs and gutters, roadway striping, drainage structures, drainage pipes, and concrete adjacent to and
beneath historic brick crosswalks on the .portions of Atlantic Boulevard which lie between the
easterly right-of-way line of Third Street (S. R. AlA) and the terminus of the pavement at the Beach;
and between the northerly and southerly back of curb lines as shown on the attached Exhibit "A",
which by this reference is made a part hereof. JACKSONVILLE shall not be responsible for the
maintenance of any non-asphalt surfaces within these limits such as, but not limited to, landscaped
medians, historic brick crosswalks, the East Coast Drive stamped concrete crosswalk, the brick
intersection at First Street/Ocean Boulevard, and the turnazound adjacent to the Sea Turtle Hotel,
' with the exception of the concrete adjacent to and beneath historic brick crosswalks.
JACKSONVILLE shall also incur no maintenance responsibilities on those portions of Atlantic
Boulevard which lie between the northerly and southerly backs of curbs and the respective northerly
and southerly right-of--way lines. JACKSONVILLE shall also not. be responsible for the
maintenance of the drainage structures and pipes along and beneath Atlantic Boulevard which are
located within five (5') feet horizontally in any direction of the stamped concrete crosswalk across
East Coast Drive. JACKSONVILLE'S responsibility for the maintenance of drainage on the portion
of Atlantic Boulevazd which lies east of the easterly right-of--way line of First Street and Ocean
Boulevazd is specifically limited to maintaining the existing drainage structures and pipes, and in no
way requires that JACKSONVILLE enlazge any structures or pipes to improve runoff in the area.
2.2 ATLANTIC BEACH shall be responsible for the maintenance of all Public
Improvements within the entire right-of--way of Ocean Boulevard, and that portion of the right-of--
way of Atlantic Boulevard which lies between the centerline of Atlantic. Boulevard and the northerly
right-of--way line of Atlantic Boulevard, from the easterly right-of--way line of Third Street to the
AGENDA ITEM #8F
SEPTEMBER 25, 2000
._ ,
terminus of the. pavement at the Beach, which is not the. maintenance responsibility of
JACKSONVILLE as shown on the attached Exhibit "A". ATLANTIC BEACH shall maintain the
. - drainage structures and pipes which are located within five (5') feet horizontally in any direction of
the stamped concrete crosswalk across East Coast Drive. Said Public Improvements~include, but are
not limited to, curbs, gutters, asphalt, drainage structures, drainage pipes, brick sidewalks, brick
crosswalks, trees, bushes, grass, other landscape materials, light poles, light fixtures, Light bulbs,
signs, sign posts, banner arms, benches, bike racks, receptacles, foundation for the entranceway
column, the entranceway column, and any City of Atlantic Beach owned utilities. or property: -
2.3 NEPTUNE BEACH shall be responsible for the maintenance of all Public
Improvements within the entire right-of--way of First Street, and that portion of the right-of--way of
...Atlantic Boulevazd which lies between the centerline of Atlantic Boulevard and the southerly right-
of-way line of Atlantic Boulevazd, from Third Street to the terminus of the pavement at the Beach,
which is not the maintenance responsibility of JACKSONVILLE as shown on the attached Exhibit
"A". Said improvements include, but are not limited to, curbs, gutters, asphalt, drainage structures,
drainage pipes, brick sidewalks, brick crosswalks, trees, bushes, grass, other landscape materials,
light poles, light fixtures, light bulbs, signs, banner arms, benches, bike racks, receptacles,
foundations for the entranceway column, the entranceway column, and any City of Neptune Beach
owned utilities or property.
2.4 ATLANTIC BEACH and NEPTUNE BEACH, recognizing that
JACKSONVILLE provided all the funding for the landscape component of the Public
Improvements, do hereby warrant that they will enter into an agreement(s) with a professional
landscape maintenance contractor(s), at their cost, for the maintenance of all landscape
components for a minimum of five (5) years commencing with the date of this Agreement. The
said minimum five (5) year period is to ensure the survival. of all plants. ATLANTIC BEACH
and NEPTUNE BEACH agree to maintain the landscape component of the Public Improvements
AGENDA ITEM #8F
SEPTEMBER 25, 2000
• to at lease the same extent and quality as ATLANTIC BEACH presently maintains the medians on
Atlantic Boulevard from the Intracoastal Waterway Bridge to Third Street, both in terms of aesthetics
.and overall plant health. ATLANTIC BEACH and NEPTUNE BEACH each agree to pay exactly, one- .
half (SO%) of all maintenance of landscaping costs, including maintenance and operation of the imgation
system and the water used for irrigation. ATLANTIC BEACH shall administer the landscape
maintenance contract in consultation with NEPTUNE BEACH. As an option to the above, if landscape
maintenance cannot be obtained at an acceptable price from a contractor, Atlantic Beach and Neptune
Beach may choose to perform the maintenance with City employees, provided such Cit~emplovees aTe
properly,~ualified and/or supervised to perform the work.
2.5 ATLANTIC BEACH and NEPTUNE BEACH agree to obtain aRight-a-Way Permit from
the City of Jacksonville Public Works Department for the construction and maintenance of the
entranceway columns. The City of Jacksonville Project Manager shall assist the Cities of ATLANTIC
BEACH and NEPTUNE BEACH with obtaining the Right-of--Way Permit.
2.6 JACKSONVII,LE agrees to provide three (3} sets of blueline prints, and complete
CARD files, of final As-Built Drawings of the Public Improvements to both ATLANTIC BEACH
and NEPTUNE BEACH after the completion of construction of the Public Improvement.
2.7 The address of JACKSONVII.,LE for the purposes of communications relating to this
contract shall be as noted above (contact person: Mayor of Jacksonville or designee).
2.8 The address of ATLANTIC BEACH for the purposes of communications relating to
this contract shall be as noted above (contact person: City Manager or designee).
2.9 The address of NEPTUNE BEACH for the purposes of communications relating to this
contract shall be as noted above (contact person: City Manager or designee).
-5-
AGENDA ITEM #8F
• ~ SEPTEMBER 25, 2000
ATLANTIC BEACH and NEPTUNE 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 Contract 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 applicable laws 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 4 '
GENERAL PROVISIONS
4.1 JACKSONVILLE, ATLANTIC BEACH, and NEPTUNE 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 Contract. Nothing herein shall be construed as creating any personal liability on
.the part of any officer or agent of JACKSONVILLE, ATLANTIC BEACH, or NEPTCTNE BEACH,
nor shall it be construed as giving any right or benefit .hereunder to anyone other than
JACKSONVILLE, ATLANTIC BEACH, NEPTUNE BEACH, their successors and assigns.
4.2 All parties agree to comply with all applicable laws, rules and regulations, federal,
state and local, in its performance under this Contract and its implementation.
4.3 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.
AGENDA ITEM #8F ;
SEPTEMBER 25, 2000
_-
4.4 ThisContract constitutes the entire present agreement between
JACKSONVILLE, ATLANTIC BEACH, and NEPTUNE BEACH. No change in, modification
of, or supplement to this Contract shall. be valid or enforceable unless it is. enacted. in writing and
signed by the duly authorized representatives of JACKSONVILLE, ATLANTIC BEACH, and
NEPTUNE BEACH by formal amendment.
4.5 The use of the singular in this Contract shall include the plural and the pronouns
shall be considered as.masculine, feminine or neutral in gender wherever the context so requires.
SECTION 5
MEMBERS OF LOCAL GOVERNING
BODY, OR OTHER PUBLIC OFFICIALS
5.1 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 to be 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.
By:
LINNIE C. WILLIAMS
CORPORATION SECRETARY
ATTEST:
By:
JOHN A. DELANEY
MAYOR
CITY OF ATLANTIC BEACH
By: ~ By.
MAUREEN KING JOHN MESERVE
Its: CITY CLERK MAYOR
} .
ATTEST:
By:
LISA VOLPE
Its: CITY CLERK
..CITY OF NEPTUNE BEACH
By:
GEORGE F. VAUGHN, JR.
MAYOR
IN COMPLIANCE with the Charter of the City of Jacksonville, I hereby certify that there is
an unexpended, unencumbered and unimpounded balance in the appropriation to cover the foregoing
contract, and provision has been made for the payment of monies provided therein to be paid.
Director of Administration & Finance
Form Approved:
Assistant General Counsel