Introduced by the Council President at the request of the Mayor:

ORDINANCE 2018-6

AN ORDINANCE APPROPRIATING $210,000 FROM AUTHORIZED CAPITAL PROJECTS AND $210,000 FROM SUMMIT CONSTRUCTION MANAGEMENT GROUP, INC. FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF OLD ST. AUGUSTINE ROAD AND LIVINGSTON ROAD (“THE SIGNAL”); PROVIDING FOR REVERTER OF FUNDS; AMENDING THE 2018-2022 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2017-505-E TO PROVIDE FUNDING FOR THE PROJECT ENTITLED “TRAFFIC SIGN-OLD ST AUG RD/LIVINGSTON RD”;APPROVING A SIGNALIZATION AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ANDSUMMIT CONSTRUCTION MANAGEMENT GROUP, INC. TO MEMORIALIZE THE SHARED RESPONSIBILITIES OF THE PARTIES FOR THE DESIGN AND INSTALLATIONOF THE SIGNAL,LOCATED IN COUNCIL DISTRICT 6, RELATED TO A DEVELOPMENT KNOWN AS “RIVER CITY SCIENCE CHARTER SCHOOL”, AS MORE PARTICULARLY DESCRIBED THEREIN; PROVIDING FOR OVERSIGHT BY THE PUBLIC WORKS DEPARTMENT; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE THE AGREEMENT;PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Planning and Development Department has recommended approval of the Signalization Agreement between the City of Jacksonville andSummit Construction Management Group, Inc.(“Summit”) to design, install, and fund a traffic signalto accommodate increased traffic for a development known as “River City Science Charter School” (“the “School”),located in Council District 6, at the intersection of Old St. Augustine Road and Livingston Road,as more particularly described therein; and

WHEREAS, the construction will consist of a mast arm construction accommodating a four lane median divided roadway with left turn bays; and

WHEREAS, the traffic signal will be required in the future, based upon an increase of traffic; and

WHEREAS, the signal will be located at the entrance to the School which will align across Old St. Augustine Road from the existing Livingston Road; and

WHEREAS, upon completion of Phase II of the School, a traffic study provided concluded that a traffic signal at that intersection would improve traffic in the future, but was not required as a part of the development of Phase I the School; and

WHEREAS, the traffic signal cost was determined by the Parties to be $420,000; and

WHEREAS, the Parties agreed to a 50/50 split of the costs because although the traffic would be significantly increased by the School, the School’s increase in traffic did not rise to the level of a warrant on its own, but the City Traffic Engineer indicated that due to other development a signal would be warranted; and

WHEREAS, Summit paid their 50 percent of the cost ($210,000) in March 2017; and

WHEREAS, Summit is responsible for the designof the signal; and

WHEREAS, Summit, through its consultant Prosser, Inc., is currently working with the Development Services Division of the Planning and Development Department in order to meet City requirements for the signal design; and

WHEREAS, the City will be responsible for the installation of the signal when the traffic reaches a certain level of service; now therefore

BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1.Appropriation. For the 2017-2018 fiscal year, within the City’s budget, there are hereby appropriated the indicated sum(s) from the account(s) listed in subsection (a) to the account(s) listed in subsection (b):

(The account information is attached hereto as Exhibit 1 and incorporated herein by this reference)

(a)Appropriated from:

See attached Exhibit 1 $420,000

(b)Appropriated to:

See attached Exhibit 1$420,000

(c)Explanation of Appropriation. The appropriation above is to transfer funds from the county-wide Traffic Signalization project, and to appropriate a contribution from the developer of the River City Science Academy on Old St. Augustine Road, to fund the installation of a traffic signal at the intersection of Old St. Augustine Road and Livingston Road. The developer has agreed to fund 50% of the cost to install the signal at this intersection and the amount being transferred from the county-wide Traffic Signalization project is the City match.

Section 2. Purpose. The purpose of the appropriation above is to provide funding for the installation of the traffic signal,designed by Summit and approved by the City, at the intersection of Old St. Augustine Road and Livingston Road,at a cost estimated to be $420,000.00.

Section 3.Reverter. Once the project is completed, any unspent funds from this appropriation shall revert to the county-wide Traffic Signalization project fund.

Section 4.Oversight. The Mayor is requested to appoint the Public Works Department to complete the installation of the traffic signal.

Section 5.CIP Amendment. Ordinance 2017-505-E, being the 2018-2022 Five-Year Capital Improvement Program for the City and certain of its independent agencies, is hereby amended to decrease funding for the project entitled “Traffic Signalization-Signalization” and increase funding for the project entitled “Traffic Sign-Old St. Aug Rd/Livingston.” The project is more fully described in the Project Summary Sheets, attached hereto as Exhibit 2and incorporated herein by this reference. The Council finds that the deferral of this amendment of the CIP until the next annual budget and CIP review will be detrimental to the best interests of the community because such deferral will result in unnecessary further delay in installing a traffic signal at this busy intersection. Pursuant to Section 122.605(c), Ordinance Code, enactment of this ordinance requires the affirmative vote of two-thirds of the Council members present at the meeting because of the CIP amendment set forth in this section. This ordinance shall constitute an amendment to Ordinance 2017-505-E. In all other respects, the Five-Year Capital Improvement Program approved by Ordinance 2017-505-E shall continue in full force and effect.

Section 6.Approval of Signalization Agreement. The Signalization Agreement (the “Agreement”) between the City of Jacksonville andSummit Construction Managmeent Group, Inc.is hereby approved in substantially the same form asExhibit 3, attached hereto.The Mayor, or his designee, and Corporation Secretary are authorized to execute said Agreement on behalf of the City.

Section 7.Effective Date. This ordinance shall become effective upon the signature by the Mayor or upon becoming effective without the Mayor’s Signature.

Form Approved:

/S/ Susan C. Grandin_____

Office of General Counsel

Legislation Prepared by:Susan C. Grandin

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GC-#1167399-v2-Summit_Construction_Signal_Agmt_legislation.doc

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