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12-11-23 Amended Agenda
City of Atlantic Beach Amended Agenda Regular City Commission Meeting Monday, December 11, 2023 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 1.A. Approve minutes of the Regular Commission Meeting held on October 9, 2023. 10-9-23 Regular City Commission Draft Minutes 5 - 18 * 1.B. Approve minutes of the Town Hall meeting held on October 14, 2023. 10-14-23 Town Hall Draft Minutes 19 - 29 2. COURTESY OF FLOOR TO VISITORS 2.A. 2024 Donna Run Marathon (Amanda Napolitano, Executive Director of The DONNA Foundation) PUBLIC COMMENT 3. CITY MANAGER REPORTS * 3.A. Accept the 90-Day Calendar (Dec. 2023 - Feb. 2024) 90-Day Calendar (Dec. 2023 - Feb. 2024) 31 - 34 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA None. 7. COMMITTEE REPORTS * 7.A. Appointments/Reappointments to Board Member Review Committee (BMRC) Appointments-Reappointments to BMRC 35 - 36 * 7.B. Appointments/Reappointments to Various Boards and Committees Appointments/Reappointments to Various Boards and Committees 37 - 47 Page 1 of 77 Regular City Commission - 11 Dec 2023 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 23-54 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO CONTRACT WITH ACON CONSTRUCTION TO PERFORM DONNER PARK PICKLEBALL COURT UPGRADES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 23-54 49 - 57 * 8.B. RESOLUTION NO. 23-55 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT (EXHIBIT A) BETWEEN THE CITY OF ATLANTIC BEACH AND WATCHCARE, INC., FOR THE PURCHASE OF 0.44+- ACRES OF REAL PROPERTY IN ATLANTIC BEACH AT 100 WEST FIRST STREET (PARCEL ID 170715-0000) FOR THE PRICE OF $700,000; DESIGNATING GENERAL FUND FUND BALANCE (RESERVE) FUNDS TO BE USED FOR THIS PURPOSE, PENDING THE APPROVAL OF A CORRESPONDING FISCAL YEAR 2023-24 BUDGET AMENDMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS, COMPLETE DUE DILIGENCE EFFORTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 23-55 59 - 77 9. ACTION ON ORDINANCES None. 10. MISCELLANEOUS BUSINESS None. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, Page 2 of 77 Regular City Commission - 11 Dec 2023 and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 3 of 77 Page 4 of 77 Regular City Commission October 9, 2023 MINUTES Regular City Commission Meeting Monday, October 9, 2023 - 6:30 PM Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:36 PM. CC Bartle called the roll. ATTENDANCE: Present:Curtis Ford, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present:Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) Latrenia Thomas, Recreation and Cultural Arts Director (RCAD) Steve Swann, City Engineer (CE) William B. Killingsworth, City Manager (CM) Jason Gabriel, City Attorney (CA) 1 APPROVAL OF MINUTES 1A.Approve minutes of the Budget Workshop held on August 7, 2023. Mayor Ford asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Ford stated the minutes stand as submitted. 1B.Approve minutes of the Regular Commission Meeting held on August 14, 2023. Mayor Ford asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Ford stated the minutes stand as submitted. 2.COURTESY OF FLOOR TO VISITORS Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to Visitors. PUBLIC COMMENT Page 1 of 14 Agenda Item #1.A. 11 Dec 2023 Page 5 of 77 Regular City Commission October 9, 2023 CC Bartle called each speaker to the podium. Jane Stevens invited everyone to the Green Apple Day of Service that will be held at Mayport Coastal Sciences Middle School from 8 a.m to noon on October 14, 2023. Mark Gabrynowicz spoke about a few historical disasters and encouraged the Commission to keep sustainability and resiliency in mind when making decisions. Gregory Powell spoke about agenda item 3B. Susanne Barker spoke in agreement with the City Engineer's recommendations regarding Dora Drive. Nancy Staats expressed concerns regarding Dora Drive. Lisa Herrold spoke about Dora Drive. Jackie Beckenbach spoke about agenda item 3B. Peter Staats spoke in opposition regarding Dora Drive. RCAD Thomas, on behalf of the Youth Council, Introduced Advisors Tracy Synan and Kelly Burnett. RCAD Thomas announced that on November 7, 2023, the Youth Council will be present to tour City Hall and the Police Department. Ms. Synan and Ms. Burnett invited the Commission to the Youth Council meetings. They encouraged students, ages of 14 and up, to attend meetings on the first Thursday of the month at the Adele Grage Cultural Center. Brinkley Harrell welcomed the new CM and expressed opinions on Dora Drive. 3.CITY MANAGER REPORTS 3.A.Accept the 90-Day Calendar (Oct. - Dec. 2023) CM Killingsworth reported that the October 16, 2023 workshop has been canceled and will be rescheduled in the future. There was a CONSENSUS to accept the 90-Day Calendar. 3.B.Dora Drive CE Swann presented a slide show (which is attached hereto and made a part of this Official Record as Attachment A) and answered questions from the Commission. CA Gabriel explained that the request is for a 45-day extension and that he would send an amendment to the agreement once it is approved for him to ask for the extension. Page 2 of 14 Agenda Item #1.A. 11 Dec 2023 Page 6 of 77 Regular City Commission October 9, 2023 There was a CONSENSUS to direct CA Gabriel to proceed with a 45-day extension request for Phase II completion or to terminate the agreement if the extension request is rejected. 10-9-23 Attachment A 3.C.2023 Florida City Government Week Proclamation Mayor Ford read the proclamation. 4.REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Waters Asked where the City stood with the Almost Home property. Mayor Ford explained that he did not move forward on gathering the Commissioners to go and look at the property due to people still living there; however, they will still have a chance to go and look at the discretion of the seller. Property Broker, Pete Sherrill answered questions from the Commission. There was a CONSENSUS to direct the CM to work with the listing agent to come up with a potential contract. Commissioner Bole Commended CE Swann for a great presentation on resiliency on Thursday October 5, 2023. Expressed that he received positive feedback on the paving and striping. Informed everyone that today is known as National Indigenous Peoples Day. Announced that he is attending the Beaches Town Center meeting on October 10, 2023. Commissioner Kelly Encouraged everyone to attend the ESC Salon Series. Spoke about the Parks Master Plan and encouraged the public to provide input on changes they would like to see. 5.UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6.CONSENT AGENDA 6.A.Approve the revised Interlocal Agreement among City of Jacksonville, City of Atlantic Beach, City of Jacksonville Beach, City of Neptune Beach and the Commander, U.S. Naval Station Mayport and U.S. Navy for Conduct of the Sea and Sky Air Show and authorize the City Manager to sign the agreement. MOTION: Approve (agenda item 6A as written) the interlocal on the sea and sky. Motion: Candace Kelly Second: Michael Waters Curtis Ford For Bruce Bole For Michael Waters (Seconded By)For Candace Kelly (Moved By)For Page 3 of 14 Agenda Item #1.A. 11 Dec 2023 Page 7 of 77 Regular City Commission October 9, 2023 Jessica Ring For Motion passed 5 to 0. 7.COMMITTEE REPORTS None. 8.ACTION ON RESOLUTIONS 8.A.RESOLUTION NO. 23-38 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REPEALING AND REPLACING RESOLUTION NO. 23-20 ESTABLISHING THE SAFETY, TRAFFIC AND PARKING COMMITTEE; ADOPTING ADOPTING CERTAIN PURPOSE; THE COMMITTEE PROVISIONS GOVERNING THE COMMITTEE; ESTABLISHING CITY STAFF ADMINISTRATIVE SUPPORT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ford read the title and explained the resolution. MOTION: Approve Resolution No. 23-38 with an amendment to replace "Charter Review Committee" with "Safety, Traffic and Parking Committee" in Section 7. Motion: Bruce Bole Second: Jessica Ring Curtis Ford For Bruce Bole (Moved By)For Michael Waters For Candace Kelly For Jessica Ring (Seconded By)For Motion passed 5 to 0. 8.B.RESOLUTION NO. 23-45 A FLORIDA, BEACH, ATLANTIC OF RESOLUTION THE OF CITY AUTHORIZING THE CITY MANAGER TO PROVIDE FISCAL YEAR 2023-24 FUNDING TO DESIGNATED ORGANIZATIONS AND SCHOOLS FOR ARTISTIC, RECREATIONAL AND CULTURAL PROGRAMS, EVENTS OR PROJECTS UTILIZING FUNDS BUDGETED IN ACCOUNT NO. 001-6010-572- 82-00; ANY TO AUTHORIZING THE CITY MANAGER EXECUTE CONTRACTS AND PURCHASE ORDER(S) IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Ford read the title of the resolution. Page 4 of 14 Agenda Item #1.A. 11 Dec 2023 Page 8 of 77 Regular City Commission October 9, 2023 RCAD Thomas explained the resolution. Lisa Goodrich, Arts Recreation, and Culture Committee Member explained the process of distributing grants and answered questions from the commission. Commissioner Ring requested a PowerPoint presentation about the grants program. MOTION: Accept (Approve) Resolution No. 23-45. Motion: Bruce Bole Second: Candace Kelly Commissioner Kelly spoke about equitable expenditure funds. Ms. Goodrich and DCAR Thomas answered questions from the Commission. Curtis Ford For Bruce Bole (Moved By)For Michael Waters For Candace Kelly (Seconded By)For Jessica Ring For Motion passed 5 to 0. 9.ACTION ON ORDINANCES None. 10.MISCELLANEOUS BUSINESS None. 11.CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. 12.CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole Recommended codifying the way committees run. Commissioner Waters Welcomed City Manager Killingsworth. Thanked Lisa Goodrich for her work. Expressed that he is looking forward to the Air Show. CM Killingsworth Announced that staff are encouraged to wear pink on October 10, 2023 and gather at 8:15 a.m for a group photo. Mayor Ford Addressed meeting decorum. 13.ADJOURNMENT Page 5 of 14 Agenda Item #1.A. 11 Dec 2023 Page 9 of 77 Regular City Commission October 9, 2023 The meeting adjourned at 8:18 p.m. Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Date Approved: ________________ Page 6 of 14 Agenda Item #1.A. 11 Dec 2023 Page 10 of 77 Dora Drive Parcels Due Diligence Engineering Department October 9, 2023 Attachment A to 10-9-23 Minutes Page 7 of 14Agenda Item #1.A.11 Dec 2023Page 11 of 77 Dora Dr Parcels –2.16 Ac Attachment A to 10-9-23 Minutes Page 8 of 14Agenda Item #1.A.11 Dec 2023Page 12 of 77 Dora Dr ParcelsAttachment A to 10-9-23 Minutes Page 9 of 14Agenda Item #1.A.11 Dec 2023Page 13 of 77 Property Appraisal •Moody Williams $2,400,000 •Colliers International $2,200,000 Attachment A to 10-9-23 Minutes Page 10 of 14Agenda Item #1.A.11 Dec 2023Page 14 of 77 Tree Analysis Attachment A to 10-9-23 Minutes Page 11 of 14Agenda Item #1.A.11 Dec 2023Page 15 of 77 Tree Analysis Attachment A to 10-9-23 Minutes Page 12 of 14Agenda Item #1.A.11 Dec 2023Page 16 of 77 Phase I ESA •Site has no identified history of any uses that would be concerning •Several soil mounds noted that may contain trash or debris •Stitches & Screens has several 20’ storage containers that encroach on to the site that are used for printing, etc. Attachment A to 10-9-23 Minutes Page 13 of 14Agenda Item #1.A.11 Dec 2023Page 17 of 77 Path Forward •Request a 45 day extension of the due diligence period •Conduct Phase II Environmental Assessment to verify no contamination •Excavate soil mounds •Analyze ground water and soil in the vicinity of the storage containers Attachment A to 10-9-23 Minutes Page 14 of 14Agenda Item #1.A.11 Dec 2023Page 18 of 77 Town Hall October 14, 2023 MINUTES Town Hall Meeting Saturday, October 14, 2023 - 10:00 AM Jordan Park Community Center City Hall, 800 Seminole Road Atlantic Beach, FL 32233 ATTENDANCE: Present: Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Curtis Ford, Mayor Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Kevin Hogencamp, Deputy City Manager (DCM) Ladayija Nichols, Deputy City Clerk (DCC) Amanda Askew, Planning & Community Development Dir. (PCDD) CALL TO ORDER Mayor Ford called the meeting to order at 10:01 a.m. 1 TOPICS FOR DISCUSSION AND PUBLIC COMMENT Commissioner Kelly spoke about the history and purpose of the Parks Master Plan. Parks Master Plan Update Link to Parks Master Plan PCDD Askew presented on the Parks Master Plan and informed everyone that the City would like input from the community. She announced that there will be public meetings held on October 24, 2023 at 1 p.m. and 6 p.m. and on November 6, 2023. She presented a picture of a Parks map (which is attached hereto and made a part of this Official Record as Attachment A). She also distributed a Survey (which is attached hereto and made a part of this Official Record as Attachment B) and encouraged everyone to complete and return to her. 10-14-23 Attachment A 10-14-23 Attachment B 2 PUBLIC COMMENT - OPEN TOPICS Mark Davenport advocated for more pickleball in the community. Clint Burbridge informed everyone of a tournament that occurred in June/July that raised money for expansion of the pickleball courts and shared that proceeds were given to the City. He encouraged the Commission to be flexible with the Parks Master Plan. Page 1 of 11 Agenda Item #1.B. 11 Dec 2023 Page 19 of 77 Town Hall October 14, 2023 Ellen Glasser encouraged the Commission to keep process in mind when making property purchases. Mary Dick expressed her thoughts on pickleball involvement. Sam Veal thanked the Commission for their work with parks. He informed everyone that he is a representative from the First Dink Foundation and spoke about what the organization does. Commissioner Waters complimented the program. Mr. Veal mentioned that the program is developing mentors and coaches to help work with youth. Sarah Boren thanked the Commission and staff for holding public meetings and for their work. She spoke about the Baker Center and offered suggestions for the upgrades. She also spoke on the following topics: resiliency, Dora Street, Beach access and trees. Mayor Ford recognized speakers who did not fill out cards: Ellen Golombek expressed her thoughts on the City's potential purchase of a property and parking throughout the City. Commissioner Bole encouraged everyone to get involved with the Beaches Town Center Agency. Sam Veal expressed additional thoughts on the pickleball courts. Sarah Boren spoke about the Transportation Planning Organization (TPO) and shared examples of things citizens could ask them for. Commissioner Bole provided insight on safety issues regarding parking, shuttle services and the funding concerns for certain requests. Jane Wytzka thanked the Commission for Tai Chi, requested a bench at the 2nd Street beach access and expressed concerns about noise from contractors. Lenny Jevic, Beaches Veterans Memorial Park Historian, invited everyone to their Veterans' Day Ceremony on November 11, 2023 at 9 a.m. He advocated for an additional community center and for police to walk through the parks. Joseph Schwarz expressed that he would like to see more veterans resources offered. Ellen Glasser expressed that she is not opposed to the Almost Home property purchase but reminded everyone of the importance of not taking away from what's already been planned for the Baker Center. Commissioner Ring spoke to Ellen Glasser's comments. She also mentioned the citizens have limited space available regarding the ability to rent out community centers. She mentioned that Page 2 of 11 Agenda Item #1.B. 11 Dec 2023 Page 20 of 77 Town Hall October 14, 2023 the Boys & Girls Club utilizes the space for after school programs. She expressed that the Almost Home property came about at the perfect time. DCM Hogencamp mentioned that Monday through Friday from 2 to 7 p.m., Jordan and the Gail Baker Centers are being utilized for children's programming. He informed that rentals are available on the weekends and weekday mornings at these centers. He mentioned that it is undecided if the facilities will continue to be available for renting during those times. Ellen Golombek expressed concerns about where the money is coming from to purchase the Almost Home property and the cost to run the building. Sarah Boren expressed that she would love another community center. She inquired about who handles community centers and suggested that they be a part of the Parks Master Plan. DCM Hogencamp shared that the programming of centers are under the Cultural Arts and Recreation Department. Commissioner Bole mentioned that the City has been very successful in getting grants and confidence in being able to get funding for an additional center. Joyce Freeman inquired about being able to rent the community centers in the future. DCM Hogencamp expressed that he's predicting the ability to do so will come back but not during weekday nights due to the centers being utilized by the Boys & Girls Club. Joyce expressed that the centers are a staple in the community. Jenn Stemack expressed her support for more pickleball courts. Judd Williams expressed that he would like to see bands, music, and a pickleball court expansion. DeAnne Yates inquired about the plan for a walking pass around the Jordan Park parameter. PCDD Askew informed that it is planned to go around all of the green space and that it has not come into fruition because it has not been put into the budget yet. Brent Greenwood thanked the Commission for hosting the Town Hall. ADJOURNMENT The meeting adjourned at 11:10 a.m. Attest: Date Approved:___________________ Ladayija Nichols, Deputy City Clerk Curtis Ford, Mayor Page 3 of 11 Agenda Item #1.B. 11 Dec 2023 Page 21 of 77 Page 4 of 11 Agenda Item #1.B. 11 Dec 2023 Page 22 of 77 Attachment A to 10-14-23 Minutes Page 5 of 11 Agenda Item #1.B. 11 Dec 2023 Page 23 of 77 Page 6 of 11 Agenda Item #1.B. 11 Dec 2023 Page 24 of 77 Return to planning Dept or email aaskew@coab.us 2030 Parks Master Plan – Public Input Atlantic Beach Dog Park (Active) Beach Accesses Bull Memorial Park (Active) Donner Park (Active) Plan Recommendations Status 2023 Recommendations 1. Pervious path around pond Completed 2. Dog obstacle course Completed 3. Install mural on private property Plan Recommendations Status 2023 Recommendations 1. Policy for benches, trash cans, etc. Completed 2. Remove Landscape that creates private looks On‐going 3. Reduce signage at accesses 4. Consistent hardscape/landscape Plan Recommendations Status 2023 Recommendations 1. Remove berm around tree 2. Bike parking at entrances 3. Relocated UPS mail box 4. Move curb/sidewalk on 7th St 5. Improve cross walks at E Coast and Ocean 6. Repose area around big palm tree Plan Recommendations Status 2023 Recommendations 1. Install bike safety course 2. Expand multi‐use field 3. Splash pad Under construction 4. Add walking path around perimeter 5. Add bottle filling stations Completed 6. Add shade near courts budgeted 7. Improve entrance from Dudley St 8. Replace mural on bathroom 9. Install mural/buffer at lift station 10. Screen chain link fence (western area) Trees planted 11. Convert western basketball court for child size Area now will be splash pad Attachment B to 10-14-23 Minutes Page 7 of 11 Agenda Item #1.B. 11 Dec 2023 Page 25 of 77 Return to planning Dept or email aaskew@coab.us Dutton Island Preserve (Passive) Fairway Villas Park (Passive) Frazier Park (Passive) Howell Park (Passive) Plan Recommendations Status 2023 Recommendations 1. Wayfinding signage at trailheads 2. Maintain/replace educational signage along trails 3. Elevate camps sites that get flooded 4. Bike parking (entrance and fishing piers) 5. Install recycling bins at fishing piers 6. Bat boxes 7. Seating and shade at each boardwalk overlook On‐going 8. Add dog friendly waste bags and water fountains 9. Trash bins at all trail entrances Started 10. Stabilize trail surfaces in low‐lying areas On‐going 11. Remove exotic/invasive species Volunteer efforts 12. Restore freshwater pond Plan Recommendations Status 2023 Recommendations 1. Survey n’hood regarding amenities 2. Add signage Plan Recommendations Status 2023 Recommendations 1. Maintain existing trees On‐going 2. Transition to xeriscape Plan Recommendations Status 2023 Recommendations 1. Maintain/update educational signage 2. Install gazebo 3. Bike parking at all entrances 4. Plant landscaping around lift station 5. ADA parking space 6. Install wayfinding signage 7. Pervious pavement to connect JRP to Bull Park through Howell Park Attachment B to 10-14-23 Minutes Page 8 of 11 Agenda Item #1.B. 11 Dec 2023 Page 26 of 77 Return to planning Dept or email aaskew@coab.us Jack Russell Park (Active) Johansen Park (Passive) Jordan Park (Active) Plan Recommendations Status 2023 Recommendations 1. Rain gardens and bioswales along drainage ditch 2. Plant shade trees along walking path Completed 3. Add bike parking at Seminole Rd entrance near tennis courts 4. Install low‐light low‐level ped. lighting along walking path 5. Exercise facilities along walking path 6. Repurpose racquet ball courts 7. Add benches by basketball court Competed 8. Bottle filling station Completed 9. Replace mural on racquetball courts 10. Install community garden bw skate park and tennis courts Plan Recommendations Status 2023 Recommendations 1. Refurbish/restore memorial planter 2. Pervious walking trail 3. Wayfinding and educational signage along trail 4. Dog waste bag stations Added 5. Add picnic tables/benches Added 6. Public art 7. Add trash cans Added 8. Butterfly garden 9. Add native plans 10. Replace dead trees On‐going 11. Educational signage for trees 12. Add entrance sign at northern end 13. Wayfinding signage on Park Terrace E Plan Recommendations Status 2023 Recommendations 1. Add parking that is accessible and clear Reconfigured 2. Install/improve lighting Added 3. Add walking paths around perimeter 4. Multi‐use path along Jordan St to connect to Donner Rd path 5. Exercise equipment 6. Bike racks at all entrances 7. Enhance Jordan St entrance Attachment B to 10-14-23 Minutes Page 9 of 11 Agenda Item #1.B. 11 Dec 2023 Page 27 of 77 Return to planning Dept or email aaskew@coab.us Marvin’s Garden River Branch Preserve (Passive) Rose Park & Rose Dog Park (Active) Selva Preserve (Passive) Tide Views Preserve (Passive) Veterans Park (Active) Waters Park (Passive) Plan Recommendations Status 2023 Recommendations 1. Make feel like a city owned park 2. Upgrade play equipment to stand COAB equipment 3. Add sign Plan Recommendations Status 2023 Recommendations 1. Add educational sign at W. 6th St overlook 2. Maintain/repair kayak route signage Plan Recommendations Status 2023 Recommendations 1. Bat boxes 2. Water bottle filling station 3. Landscape around playground Some 4. Dog wash station Q 5. Public art Plan Recommendations Status 2023 Recommendations 1. Delay improvements until COAB knows development to the north Added walking path and signs 2. Add no trespassing signage No longer needed Plan Recommendations Status 2023 Recommendations 1. Install turf block 2. Keep park passive On‐going Attachment B to 10-14-23 Minutes Page 10 of 11 Agenda Item #1.B. 11 Dec 2023 Page 28 of 77 Return to planning Dept or email aaskew@coab.us Suggestions for Programing Plan Recommendations Status 2023 Recommendations 1. Signage at kayak launches to show kayak trail 2. Bike tracks at each entrance 3. Seating/shade along drainage pond Completed 4. Pervious path around drainage pond 5. Wayfinding along trailheads 6. Maintain education signage 7. Add fishing line recycling to fishing piers 8. Entrance sign to Camelia St. 9. ADA access to sunset pier 10. Add path around drainage pond from Camelia St. Plan Recommendations Status 2023 Recommendations 3. Plant shade trees On‐going 4. Grade lawn to create slope 5. Wrap electric box 6. Plant bushes screening around electrical substation 7. ID parking area with signage 8. Add pavilion 9. Add water fountain Completed 10. Signage about purpose of the park 11. Restrooms Completed 12. Bike parking 13. Sign at Mayport Road entrances Attachment B to 10-14-23 Minutes Page 11 of 11 Agenda Item #1.B. 11 Dec 2023 Page 29 of 77 Page 30 of 77 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:90-Day Calendar for the Mayor and Commission SUBMITTED BY:Yvonne Calverley,Executive Assistant to the City Manager TODAY’S DATE:December 6,2023 MEETING DATE:December 11,2023 BACKGROUND:The 90-day calendar is included on the agenda for the purpose of setting meeting dates and determining the location,time and whether to videotape special meetings and workshops.The rolling 90-day calendar will be revised after receiving input from City staff and the Commission,and will be included in each agenda for consideration. NOTES: 1)Arbor Day Flag Raising Ceremony will be held on Friday,Jan.19 at 9 a.m.in front of the Police Department. 2)A Town Hall meeting is scheduled for 10 a.m.on Saturday,Jan.20 in the Chamber. 3)A commission workshop is scheduled for Monday,Jan.22 at 5:30 p.m.Subj:Chapter 24 and Comp Plan updates. 4)A Priority-Setting meeting is scheduled for Monday,Jan.29 at 5:30 p.m.in the Chamber. BUDGET:None RECOMMENDATION:Approve the 90-Day Calendar for December 2023 February 2024 ATTACHMENT:1)Mayor and Commission 90-Day Calendar (December 2023 —February 2024) REVIEWED BY CITY MANAGER: Agenda Item #3.A. 11 Dec 2023 Page 31 of 77 :E ..Z3.R:2:...:_BE..,.:_Tou?omvC3.PWanm8.Vmszwsum?um:o:mB.2mON va?mm.#Q,wmVEmom>m..F.?$9 QZ<mO><§ ll F/.‘QMD,H/4m5.233C..Q,nmD_E.%<n7<...:/R5,5Mr/.Q,x<.. _ DHW/‘D202 V/..Q zsm __.omo_O 6330 ma?a E0 @850 55 5:7.”-3 3 C wmv?mE..wpu?px m E:m an mm Emaou???oonsm aoqo?momwas %::n_mE§.m=m am eac o3:EEoUmoem 3 R anmv?v 92aomobso _S:oc.Eo:>:m om mawoo???oo _S:uE:o:>cm ca2mm $2ootm??oonam «ughma maomauve:QUM4. .3 ca 0 855809 ?2>om SEED wH a.§ao>&. an omuo9582 noa???oa HH Ea omum BEEEOU Bo_>u.~_ ???oz Uuaom v Saw c tuosoo E8E>wnom N I Em S $v:mE mbscwm C Emm1Ewo_ uvxhmzw.H®FC1Q OH :5 .4 E::_ _.i_.:.._z J.5...: II‘. 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Agenda Item #3.A.11 Dec 2023 Page 33 of 77 mmnvo§ E;c. 03222:...u $2 ?x ._aJEm£;u zoamnzzouDZ<-O%<—Z .w4.DMDH/Nm,5:DEEW493::.5.%/..nEEZn?n§95.5mDHC«.DZO7 V./.,.mzam TJ_:m .....C /2: SR.ems .12:::_£_E:._: @320 mooEO EMU %mQmzqo?mu? mm asm .$§EEoun:m >.o:oEmomcam Nm?mnm??msm mm mm :ao @582 9525500 E 2 “1 \¢ r\fxY,):. umH._,...E?,..wU S9,:#3 m...,.M_m. wm Em mvnv oosm??oonsm 585:0 omm 8 mam _u.:__..d2pmm EL m_ “W. u..u:_:E5.;.L:m was omm E ?..om_o o>c.m an mum mdzApowmm???om R 8 ea cwuzEmom EoEmo_o>oQ EESEEOU om 3 :5 c A£.Bm>/-oo>aC 3.32 ...E4 amone 92 20628500 2 Na m N Agenda Item #3.A.11 Dec 2023 Page 34 of 77 CITY COMMISSION MEETING REPORT AGENDA ITEM:Appointments/Reappointments to the Board Member Review Committee SUBMITTED BY:Donna L.Bartle,City Clerk on behalf of Mayor Ford DATE:December 5,2023 MEETING DATE:December 11,2023 BACKGROUND:The purpose of the Board Member Review Committee (BMRC)is to encourage citizens to apply to serve on the City’s boards and committees including requesting applicants to consider boards or committees other than those that they originally applied for,to review and consider available applications when vacancies occur,to consider recommending existing board and committee members to an additional term,and to make recommendations to the Mayor as to which applicants to appoint to ?ll those vacancies. The BMRC is comprised of ?ve (5)members as follows:Member 1:a sitting City Commissioner,who serves as chairman of the Committee for a one-year tenn and eligible for additional terms;Members 2-4: three citizen members,who serves three-year terms and eligible to serve three (3)consecutive terms;and Member 5:the chainnan of the board or committee for which vacancy or reappointment is currently being considered and serves only for those meetings where membership on their board or committee is being considered. Mayor Curtis Ford (Member 1)and Stephen Ditamore (Member 2)are currently serving their first term which ends on December 31,2023.Both are interested in reappointment.The Member 3 position,with a term ending December 31,2024,is vacant due to a recent resignation.We received an application from Sean Keane for consideration to this (Member 3)vacancy. Board Member Review Committee members will be appointed by the Mayor subject to approval of the Commission.Mayor Ford is requesting approval of the appointments shown below. RECOMMENDATION: 1)Reappoint Mayor Curtis Ford as the Chair of the Board Member Review Committee (Member 1)for an additional one-year term beginning January 1,2024 and ending December 31,2024. 2)Reappoint Stephen Ditamore to serve on the Board Member Review Committee (Member 2)for an additional term beginning January 1,2024 and ending December 31,2026. 3)Appoint Sean Keane to serve as a new member of the Board Member Review Committee (Member 3) for the unexpired term beginning immediately and ending December 31,2024. ATTACHMENT:1)Application-Sean ea c REVIEWED BY CITY MANAGER:Q8 Agenda Item #7.A. 11 Dec 2023 Page 35 of 77 BC App-23-O5 City of Atlantic Beach BOARD/COMMISSIONAPPLICATION Date Submitted:November 26,2023 First Choice:Board Member Review Committee Second Choice: (BMRC) Name:Sean Keane Address:395 Saturiba Dr,Atlantic Beach,FL,32233 Cell Phone:904-521-3743 Home Phone:9045213743 District:District 1307 Please describe any employment experience relative to the board/committeeyou are applying for. Retired Command Sergeant Major (31 years)with US Special Operations.During that time period conducted multiple boards to include promotion,awards and disciplinary. Please describe any board/committeeexperience relative to the board/committeeyou are applying for. Conducted multiple boards to include promotion,awards and disciplinary.Several of these boards have a strict assessment guideline,but also gives room for the board to agree on additional assessment questions that can focus on values and intent. Please describe any community involvement or volunteer experience relative to the board/committeeyou are applying for. I am currently volunteering for the following:Beaches Town Center Agency (BTCA),Atlantic Beach Elementary (Fuel Up to Play 60,Student Advisory Counsel,PTA,Class room activities),Cannon Ball Run,BEAMand neighbors. Please provide a brief explanation of your interest and your reasons for wishing to be appointed to this board/committee. Most of my volunteer time is focused on community,but would like to equaly transition some of my personal time to COAB.I feel this board would be a good transition point with my experience and desire to assist the COAB APPLICATIONAGREEMENT By signing (entering my name)below,I hereby certify that all statements made on this application and other supplementary information are true and correct.Florida has a very broad public records law.I acknowledge that the information on this application is subject to public disclosure. Signature of Applicant:Sean keane Date of Signature:November 27,2023 Agenda Item #7.A. 11 Dec 2023 Page 36 of 77 Agenda Item #7.B. 11 Dec 2023 Page 37 of 77 Agenda Item #7.B. 11 Dec 2023 Page 38 of 77 Agenda Item #7.B. 11 Dec 2023 Page 39 of 77 Agenda Item #7.B. 11 Dec 2023 Page 40 of 77 Agenda Item #7.B. 11 Dec 2023 Page 41 of 77 Agenda Item #7.B. 11 Dec 2023 Page 42 of 77 Agenda Item #7.B. 11 Dec 2023 Page 43 of 77 Agenda Item #7.B. 11 Dec 2023 Page 44 of 77 Agenda Item #7.B. 11 Dec 2023 Page 45 of 77 Agenda Item #7.B. 11 Dec 2023 Page 46 of 77 Agenda Item #7.B. 11 Dec 2023 Page 47 of 77 Page 48 of 77 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.23-54 authorizing the City to contract with ACON Construction to provide construction services for the upgrades to the Pickleball Court at Donner Park SUBMITTED BY:Scott Williams,Public Works Director TODAY’S DATE:November 29,2023 MEETING DATE:December 11,2023 BACKGROUND:The City has identi?ed the upgrades to the Pickleball Court at Donner Park as a priority project.ACON Construction has a current contract with the City of Jacksonville, Contract #71629-22,that the City of Atlantic Beach can piggyback on to complete this project. The project scope of work is to complete the upgrades to the Pickleball Court as listed in the attached proposal.All work shall be performed in accordance with the Contract Documents.The project is located at Donner Park,2072 George Street,in the City of Atlantic Beach.The Contractor will be given 180 calendar days to complete the project after receipt of written Notice to Proceed. BUDGET:The price for the project,$83,375.60,will be fully funded from the $90,000.00 currently budgeted in the Parks and Recreation General Fund Account 001-6020-572-6300. RECOMMENDATION:Authorize the City to contract with ACON Construction to complet ethePickleballCourtUpgradesatDonnerParkintheamountof$83,375.60,and authorize the City Manager to execute the contract. ATTACHMENTS:Resolution 23-54 ACON Construction Proposal dated November 29,2023 REVIEWED BY CITY MANAGER: Agenda Item #8.A. 11 Dec 2023 Page 49 of 77 uh.“--I--1 IfI?'IIIfIIuIII'n 'II'II'II—f"dl'—IIu “I-__|_g.|\.._.I-.-...-.-I...II .III. .'Ju'-‘I f—If\-rI r—-Ian -I'l'II ‘III I.l.u||.|.|_ ---III I-r.l--I II-.-|.|"I --r --I":--H -I -- |_||.|-.-|.|...-....-..-,-1 rump.-.I -is I- J.-Int.-Il.l|.-I."-'IrI.-.IrI.-I I-III‘-I [—?l1—-In‘u+?n |--n_I II:-—u IIu'ufJI '- Hf-_u'IIIIJxII IZ—uIIIuI I'll-In-IJuJi"u}fII'If'I-u-u'I ul IEIIZIFIZI --||-.---.-I 'I II----..---I-I .--I-‘F '.'—F - -.._.|,._-.__.a- .._J....l...-,_,-I_-_u ._|..|..._-......l..I. .|.----n|.ua._-'|l'-Id-‘Jud.|.. LJIII..|.|_..--A.-ul.-..:__..‘.|_...--u --I..u ..I.._.._-,-_.-...-.|_....I.|.|.....|.|.....!,-..|.I- ...|.--I-..u.|_-.|.__|..-___|.-..'.-||--a.I-I-..-.l- -.|-..-.--.I -a--||.|..u--.|I-HI--I-----.I 'IF'|."'-|-I-I--I--I --.“.|_...._.,|.‘-.I._|,_|...|.14 |.—-..- —_..-.-I.A .I 1-.-.._ um."-..,..-.|--_,,a_-u|.u -._|_|.u-IaIr_|-.|.I. —I-J.FI|?-'-I-I..-.-.|-.|.-J".Il---I ---.-.|-- JIEI'IIfffXI '--I-u—'x-Iu'I'$I-I I -I-'u'uI I u' Iu|'.'II-l""I rI-I .-I.-'1-.Ir=-I ‘--r----II—'- _"._.-.-..j_.I.rI.a._|-u --...|.I.|._..A.a _|_|--.|.r..:.|.|._-.-u.-|.|I.I-. Iul fEH.I 'IuI—uu E2:'uI?I jun‘.-Til 'HI —uI-PI 'uI'u"-u-'IIIIIu'I“'III'b"Z"H"'l"'II'|I' Juu'— _.-_.-|_.....‘,,..|...,_._..._—_...u....|.. _I—i-ul in I RESOLUTION NO.23-54 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AUTHORIZING THE CITY TO CONTRACT WITH ACON CONSTRUCTION TO PERFORM DONNER PARK PICKLEBALL COURT UPGRADES;AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTSAND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Atlantic Beach has identi?ed the upgrades to the Pickleball Court at Donner Park as a priority;and WHEREAS,ACON Construction has a current contract with the City of Jacksonville, Contract #71629-22;and WHEREAS,the City of Atlantic Beach can piggyback on this contract to complete the Donner Park Pickleball Court Upgrades project;and WHEREAS,ACON Construction submitted a proposal in the amount of $83,375.60;and WHEREAS,the project consists of furnishing all labor,equipment,and supplies for the Pickleball Court Upgrades,including converting one tennis court to four pickleball courts, replacing the concrete sidewalk,adding asphalt to the existing courts,and tying into the existing fence;and WHEREAS,the Contractor will be given 180 calendar days to complete the project after receipt of written Notice to Proceed;and WHEREAS,the price for the project will be fully funded from the $90,000.00 currently budgeted in the Parks and Recreation General Fund Account 001-6020-572-6300. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION].The City Commission hereby authorizes the City of Atlantic Beach to contract with ACON Construction in the amount of $83,375.60 to perform the work for said contract in accordance with the contract speci?cations. SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract with ACON Construction and approve a Purchase Order to said vendor in the amount of $83,375.60. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. Resolution 23-54 for Donner Park Pickleball Court Upgrades Page 1 of 2 Agenda Item #8.A. 11 Dec 2023 Page 50 of 77 PASSED AND ADOPTED by the City of Atlantic Beach,this 11”‘day of December, 2023. Jason Gabriel,City Attorney Resolution 23-54 for Donner Park Pickleball Court Upgrades Page 2 of 2 Curtis Ford,Mayor Donna L.Bartle,City Clerk Approved as to form and correctness: Attest: Agenda Item #8.A. 11 Dec 2023 Page 51 of 77 ACON Construction Co.,Inc. 3653RegentBoulevard,Suite401-Jacksonville,Florida32224-Telephone(904)565-9060Fax(904)565- November 29,2023 City of Atlantic Beach {COAB) 800 Seminole Road Atlantic Beach,FL 32233 Attention:Mr.Steve Swann,P.E. City Engineer Reference:Donner Park Pickleball Court Upgrades COJ DB Contract #71629-22 "Piggyback" Mr.Swann, We are pleased to provide this proposal for the work on the subject project under the guidelines of the referenced contract. The scope of this project is to complete the upgrades to the pickleball courts as listed in attached proposal from Court Surfaces per markups.A limited design is included to ensure the court subgrade at extension is detailed.The contingency provided will be used by ACON per the base contract to avoid added costs and eliminate change orders where possible. Our Guaranteed Maximum Price (GMP)for the project scope as stated is $83,375.60. The Guaranteed Completion Date {GCD)will be 180 days from notice to proceed. Breakdowns follow this letter.Please contact me if you have any questions or need further information. Frank Anderson Construction Manager Sincerely, Agenda Item #8.A. 11 Dec 2023 Page 52 of 77 J»w» DonnerPark VPick|eha_ll’C6urt Upgr‘dé$—'5 ‘ —— Project Management Supervision Administration Hrs 10 $110.00 $1,100.00 Hrs 20 $75.00 $1,500.00 Hrs 10 $75.00 $750.00 ACON Limited Contingency L8 1 $3,000.00 $3,000.00 Limited Design Court Modification by Court Surfaces L8 1 $67.446.00 $67.446.00 L8 1 $2,000.00 $2,000.00 Subtotal DB Fee L8 1 $7,579.60 $75,796.00 $7,S79.60 Agenda Item #8.A. 11 Dec 2023 Page 53 of 77 November 27,2023 Attn:Frank Anderson City of Atlantic Beach Donner Park 2072 George St. Atlantic Beach,FL.32233 Please call 800-331-1723 or send email to have any questions. should you Following are the specifications:Expand 11'to the West,convert one tennis to four (4)pickleball courts with demo and replacement of concrete sidewalk. Scope of Work #1.Expand West side 1 1 'for additional pickleball courts 10. 11 Asphalt (120'x 11')1,320 sq ft total Mobilization to site Light poles,water and Ior connections will be relocated by the City. Remove 120'of existing fence and re-install 120'x 11' extension after new asphalt.11'new fence on each end extension total 22'of 10'high green CLF. Sidewalk -Demo 120'of concrete sidewalk.Install new 5'x 120'concrete sidewalk. Addition -11'x 120'asphalt addition to existing asphalt courts including Crush Crete or limerock base material on availability. Pressure wash if needed. Prep -Scrape the court's surface of all dirt,debris and loose material. Dig and set four (4)sets of pickleball net post sleeves.Tennis net sleeves installedfor divider net.Install 4'h divider net.(Divider nets will be adjusted to pickleball layout).Existing sleeves cannot be re-used due to being set in concrete. Sanding -Machine sand the surface of court as necessary to smooth andrepair any uneven areas. Bird Baths '—Apply outdoor court grade patching materials to all cracks.(approx.40’)are minor,patch area to bring each area flush with surrounding asphalt. Patching —Using outdoor court grade patch compounds: a)One application will be made to each “birdbath”.This will reduce water depth for faster drying times but may not eliminate all water ponding. b)Cover and fill any rough areas of asphalt. c)The edges of all patches will be scraped or ground smooth so that patches are not visible through the finished surface. d)Light sanding on edges to smooth down. info courtsurfacesfla.com Agenda Item #8.A. 11 Dec 2023 Page 54 of 77 I ...|.._:..._........I,._-_I ‘.I.I.._.---.. -I rII I-‘I.-IIr I I II-I 'J"I'i'-'l'--I-II I._.I_:_-.:.I-...__u_.._-...“.,...:.._....,_....--:—.. -'r:'.-.--:*:":*.:'..::=_._+':"'l'r“"I'lI'|—H':I-Il.------I—'—*-l- .I.I.r --_.I_.,J .I..I-__n..._.....-..-I.i—. r.-I-h-II-.----.-I--I-I—I-——'I""I"- -d—..I-I. -I_—_.....I.....-I.-'-nus...‘-‘II-I. I-‘III '1''I ‘F ‘flu 'II'I'I'I I‘-'_I '—l'|I’ 1I—?u 'u'Ii Ind-Elfi--I—InIIJIJ IZI Efl-IZEIII-—u'II'fPI'ff fI'I'fI'I"Z'| III’-I £jIJ—If 1IuIJu£JI-I I'- I1 nu--—r 1- —.ZI 1|-—-ml‘"1 IIIJ-=Iu''ui‘|I'£EE£f F -u¢—Iu'—Iun Jj 'uI-1-ill?u'-I:Iu-I- 1:—--—n-n I 12.Leveling Course Apply one coat of sand —acrylic resurfacer mix over the entire surface of the courts with a broad squeegee according to manufacturer's recommended coverage rates. 13.Texture and Finish Courses -Apply two successive coats of outdoor court grade ?ller coat (sand—?||ed acrylic color coating)to the entire area of the courts with a broad squeegee according to manufacturer's recommended coverage rates.(Outside of fence asphalt will be painted). 14.Lines -Paint eight (8)sets of regulation two-inch-wide white playing lines for pickleball courts.Provide and install four sets of pickleball net posts and nets. 15.Finished color -VWIbe owner's choice of any two manufacturer's standard colors.Existing court colors are light green border and medium blue centers.Con?rm colors to match existing pickleball battery. 16.Equipment -Provide and install four (4)pickleball nets,four (4)sets of pickleball net posts in sleeves according to specs.re-install existing four sets pickleball nets and posts with installing two 4'divider nets with three new sleeves in concrete for net post. 17.Clean-up -Remove all excess materials and debris from the job after completion of the work. Agenda Item #8.A. 11 Dec 2023 Page 55 of 77 L:-un.'~r:enC.v\~h i !’-.a(.~-1_'- Terms and Conditions Scope of Work.The work covered by this proposal willbe only that speci?cally outlined herein, and to provide a price for the work in accordance with plans,specifications and or verbally agreed description that were furnished and provided to,Court Surfaces.Any change or variance between, owner,contractors,management,plans,speci?cations,proposal,or work not covered will be considered as an extra and may be subject to further negotiations,agreement and pricing between both parties prior to work being done.The attached scope of work is an integral part of this proposal/contract and must be completed,signed and returned with all legal owners,property management and job information (Notice of Commencement),before final acceptance can be considered or said work can be scheduled. Damages/Delays.Court Surfaces agrees to perform,conduct,handle and maintain a professional manner,service,and workmanship.Court Surfaces will not be held responsible for the following (a)damage or replacement to undisclosed underground utilities,cables,lines pipes,irrigation and or landscaping.These areas should be properly surveyed and marked prior to our arrival (b) Damage to property of others,nor any and all of our work caused by other parties.(c)Delays in completion caused by strikes,acts of God,labor disputes,accidents,delays of other contractors, owners,management of property,or any other parties involved,inclement weather conditions,or other contingencies beyond our control.(d)Any unsuitable subsoil condition,or the removal of any unsuitable subsoil condition such as muck,marl,clay,water,etc.or the replacements of clean fill unless specifically stated. Permitting.Permitting,Testing,Sun/eys,Engineer’s Drawings are not included in this proposal.If pennitting is required and Owner/Authorized Agent/Management directs contractor to perfonn work without permitting;any fines or fees as a result of unpermitted work will be documented in writing and will be the financial responsibility of said Owner/Authorized Agent/Manager. Warranty.All work is guaranteed against defects in materials and workmanship for one year from date of completion,subject to proper maintenance by owner. Exception to warranty.Any of the cracks in existing court's surface and I or any new cracks/blisters may reflect through the ?nished surface at any time.This does not constitute a defect in materials or workmanship.Court Surfaces is responsible for "top-down"workmanship only.We are not responsible for ”bottom—up”issues due to existing base material including moisture,cracking,blisters,peeling,etc. Payment.Payments are due upon receipt unless othen/vise stated in writing.Payments over 30 days past due are subject to late fees outlined below: 30 days after Completion date OF 2.5%applied to bill balance 60 days after Completion date OF 5%applied to bill balance 90 Days after Completion date OF 7%applied to bill balance 120 days after Completion date OF 10%applied to bill balance At 90 days liens will be placed on said property and WILL NOT BE RELEASED UNTILL COMPLETE FINAL PAYMENT IS MADE AND SA/D PAYMENT FUNDS HAVE CLEARED. Failure to pay on time will result in the forfeiture of Warranty. htt ://www.cour‘tsurfaces?a.com/ spnngs Agenda Item #8.A. 11 Dec 2023 Page 56 of 77 Work Site.Work site must be closed for the duration of the job.We recommend signage if possible. Damage done to the jobsite while work is in progress is not the responsibility of Court Surfaces and will result in an additional charge if further repairs are necessary as a result.This includes damage from outside factors including but not limited to people,pets,wildlife,vandalism etc. Irrigation.Direct irrigation will cause damage to surfacing.it is required that any irrigation that directly contacts the court(s)be disabled for the duration of the job. Weather.Our work schedule is weather dependent,and we will likely not be on the jobsite from 9:00 to 5:00.While we will make every effort to finish your job in a reasonable amount of time, there may be days we are not able to work due to the weather or other scheduling con?icts.Please set these expectations with all stakeholders in advance. Landscaping.All landscaping work is the responsibility of the customer.While we willdo our best to minimize our impact on the surrounding area,landscaping,grass,plants,hedges,etc.may be damaged during the job.Court surfaces is not responsible for damage done to existing landscaping or adding landscaping around new construction. Cancellation.Should customer/contractor cancel or reschedule this project after contract signature and return,before work has started,or within 24 hours of projected start date,a $3,500.00/new construction or $1,000.00/surfacing charge will be paid to Court Surfaces as liquidated damages (not as penalty)representing reasonable administrative expenses and interruption to Court Surfaces work schedule. Entrance/Exit.Please note that we willtake caution to try to protect concrete,asphalt or material that is used for entrance or exit points however with weight of construction equipment it is not a guarantee that damage will not occur.Court Surfaces will not be responsible for these damages. Broken areas willbe a separate charge to repair or replace at a minimum per square ft.We are not responsible to damage to construction entrance or exits. Change Orders.All Change Orders will be discussed by all parties and signed upon before changes can be made. Digging and Setting Sleeves.Quote assumes digging and setting of sleeves will be in normal tennis spec asphalt/limerock.There willbe an additional charge if we have to dig through multiple layers of asphalt or rebar or any other material that requires more time. Remobilization.Our remobilization fee is $1,500.00. 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