HomeMy WebLinkAbout06-22-26 Draft Agenda
City of Atlantic Beach
Draft Agenda
Regular City Commission Meeting
Monday, June 22, 2026 - 6:00 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 June 8, 2026.
6-8-26 Regular City Commission Draft Minutes
7 - 22
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Accept the 90-Day Calendar (June - August 2026)
90-Day Calendar (June-August 2026)
23 - 26
3.B.
Marsh Oaks Community Center Update
3.C.
July 11 Centennial/America 250 Celebration Update
3.D.
Beaches Town Center Parking Agreement
3.E.
Beaches Town Center Streetlights
3.F.
Other Reports
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
5.A.
PLAT25-0002 (0 Seminole Road) — Referral to the Director of Planning and
Community Development, as the designated administrative official, for
administrative review and approval pursuant to §§ 177.071 and 177.091, Florida
Statutes. No Commission action on the merits. (Procedural; not a quasi-judicial
hearing.)
6. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY
COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE
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Regular City Commission - 22 Jun 2026
NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
6.A.
Approve Resolution No. 26-77.
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO APPROVE
CHANGE ORDER #1 FOR THE 2425-06 AHERN STREET ROADWAY
IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY
TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Resolution No. 26-77
27 - 29
6.B.
Approve Resolution No. 26-78.
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ISSUE A TASK AUTHORIZATION TO CRAWFORD, MURPHY &
TILLY, INC. TO DESIGN THE SIDEWALK IMPROVEMENTS FOR THE SAILFISH DRIVE
MULTI-USE PATH PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Resolution No. 26-78
31 - 37
7. COMMITTEE REPORTS
8. ACTION ON RESOLUTIONS
8.A.
RESOLUTION NO. 26-79
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING THE
PUBLIC WORKS EQUIPMENT BUILDING PROJECT TO ATLANTIC COAST
CONSTRUCTION; 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. 26-79
39 - 83
8.B.
RESOLUTION NO. 26-80
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE
2026 ANNUAL MILLING & PAVING PROJECT; 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. 26-80
85 - 107
8.C.
RESOLUTION NO. 26-81
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
109 - 111
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FLORIDA, APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
ATLANTIC BEACH AND KEVIN HOGENCAMP AS CITY MANAGER; CONFIRMING
THE COMMISSION’S PRIOR APPOINTMENT OF KEVIN HOGENCAMP AS CITY
MANAGER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
Resolution No. 26-81
8.D.
RESOLUTION NO. 26-82
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, RESCINDING RESOLUTION NO. 26-60, WHICH AUTHORIZED THE CITY
TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL EXECUTIVE RECRUITMENT
SERVICES TO CONDUCT A SEARCH FOR A CITY MANAGER; PROVIDING FINDINGS;
PROVIDING THAT RESOLUTION NO. 26-60 SHALL BE OF NO FURTHER FORCE OR
EFFECT; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 26-82
113 - 115
9. ACTION ON ORDINANCES
9.A.
ORDINANCE NO. 5-26-75, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
AMENDING CHAPTER 2, ARTICLE IX, CITY FEES; AMENDING DIVISION 2,
BUILDING CODE FEES, INCLUDING SECTION 2-500, SCHEDULE OF BUILDING
PERMIT FEES; SECTION 2-501, SCHEDULE OF ELECTRICAL PERMIT FEES; SECTION
2-502, SCHEDULE OF PLUMBING PERMIT FEES; AND SECTION 2-503, SCHEDULE
OF MECHANICAL AND GAS PERMIT FEES; AMENDING DIVISION 3, FIRE
DEPARTMENT FEES, INCLUDING SECTION 2-510; CREATING A NEW DIVISION 4,
PUBLIC WORKS FEES, INCLUDING SECTION 2-520, SCHEDULE OF PUBLIC WORKS
PERMIT FEES; CREATING A NEW DIVISION 5, ZONING FEES, INCLUDING SECTION
2-530; PROVIDING FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY,
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
Ordinance No. 5-26-75
117 - 141
9.B.
ORDINANCE NO. 5-26-76, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
AMENDING CHAPTER 2, ARTICLE IX, CITY FEES, BY CREATING A NEW DIVISION 6,
PARKS AND RECREATION FACILITY FEES, FOR THE PURPOSE OF CONSOLIDATING
CITY FEES INTO A SINGLE CHAPTER OF THE CODE; AMENDING CHAPTER 5,
BEACHES, PARKS, AND RECREATION, SECTION 5-32, USER FEES FOR PARKS AND
RECREATION FACILITIES, TO REMOVE THE EXISTING FEE SCHEDULE, AND
REFERENCE THE NEW FEE LOCATION IN CHAPTER 2; PROVIDING FOR FINDINGS
OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
Ordinance No. 5-26-76
143 - 153
9.C.
ORDINANCE NO. 95-26-128, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA,
155 - 160
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AMENDING CHAPTER 23, PROTECTION OF TREES AND NATIVE VEGETATION, OF
THE CODE OF ORDINANCES; AMENDING ARTICLE II, LANGUAGE AND
DEFINITIONS, SECTION 23-8, DEFINITIONS, TO ADD A DEFINITION FOR
LANDMARK LIVE OAK TREE; AMENDING ARTICLE IV, DIVISION 5, AREAS OF
SPECIAL CONCERN, TO CREATE SECTION 23-42, LANDMARK LIVE OAK TREES,
ESTABLISHING REGULATIONS, PRESERVATION STANDARDS, REMOVAL CRITERIA,
RELOCATION REQUIREMENTS, AND MITIGATION REQUIREMENTS FOR
LANDMARK LIVE OAK TREES; PROVIDING FOR FINDINGS OF FACT,
CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
Ordinance No. 95-26-128
10. MISCELLANEOUS BUSINESS
10.A.
Public Hearing - APP26-0001 - Appeal of a decision of the Community
Development Board (CDB) for variance ZVAR26-0008 at 95 10th Street
Request for a variance from Section 24-151(h) and 24-108(e) to reduce the
minimum rear yard and side yard setback for an attached accessory structure.
(Withdrawn)
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, visit
www.coab.us/live.
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,
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
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Regular City Commission - 22 Jun 2026
Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting.
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Regular City Commission
June 8, 2026
MINUTES
Regular City Commission Meeting
Monday, June 8, 2026 - 6:00 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 6:00 PM. CC Bartle
called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1 (At Large)
Bruce Bole, Commissioner - Seat 2 (District 1308)
Thomas Grant, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Also Present: Kevin Hogencamp, Interim City Manager (CM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Ladayija Nichols, Deputy City Clerk (DCC)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Regular Commission Meeting held on May 26, 2026.
The Commission approved the minutes as submitted.
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
The following speakers provided their comments:
Nathan Gray shared photos with the Commission (which are attached hereto and made
part of this official record as Attachment A).
Amie Gray
Steve Diebenow
Nancy Staats
6-8-26 Attachment A
2.A. Police Department Volunteer Recognition - James Johnson
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The volunteer recognition was deferred to a future meeting, as the honoree was not
present.
3. CITY MANAGER REPORTS
3.A. Accept the 90-Day Calendar (June-August 2026)
There was a CONSENSUS to accept the 90-Day Calendar.
3.B. Building Permit Fees Update
CM Hogencamp reported on agenda items 3B - 3G as detailed in a handout (which is
attached hereto and made part of this official record as Attachment B) and answered
questions from the Commission.
6-8-26 Attachment B
3.C. Recreation Facility Rental Fee Update
3.D. State Legislative Update
3.E. Marsh Oaks Community Center Update
3.F. Tree Protection Code Update
Mayor Ford requested additional information for the next meeting regarding tree
diameter thresholds, including data on the diameter at breast height (DBH) of trees
planted along the plaza and examples of thresholds used in other jurisdictions. He also
requested information on potential measures applicable to trees located within setbacks,
particularly side setbacks, to support tree preservation where feasible while maintaining
reasonable development flexibility.
Commissioner Bole requested that the City Arborist attend the next meeting when the
item is considered and asked staff to prepare a map showing tree canopy coverage and
tree removals within the public right-of-way.
3.G. Other Reports
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Mayor Ford
Reviewed CM Hogencamp's performance and recommended his appointment as
permanent City Manager. Discussion ensued.
MOTION: Make Mr. Hogencamp the permanent City Manager going forward.
Motion: Bruce Bole
Second: Thomas Grant
Discussion ensued.
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CA Gabriel explained that the City Commission has the authority to appoint a permanent City
Manager. He advised that a proposed employment agreement be presented for Commission
consideration at a future meeting.
CM Hogencamp accepted the appointment.
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant (Seconded By) For
Candace Kelly Against
Jessica Ring For
Motion passed 4 to 1.
Commissioner Bole
Expressed appreciation to fellow commissioners for their efforts and
commitment to the City's best interests.
Commissioner Kelly
Provided comments regarding seaweed conditions.
Announced that June 12, 2026, is Women's Veterans Day.
Reported on matters related to the Singleton property and noted parking
considerations associated with the potential private partnership at Marsh Oaks
and Singleton property.
Offered brief comments regarding the flagpole agenda item.
Commissioner Ring
Highlighted two notable outcomes from the Florida Legislature's special session
held June 1–3, 2026.
Commissioner Grant
Discussed issues concerning certain properties on Beach Avenue and public
comments received on those matters.
4.A. City Manager Recruitment Update (Commissioner Bole)
None.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
5.A. Plat Request Discussion
CA Gabriel presented information regarding recent changes to Florida plat approval
requirements. He explained that plat approval is now an administrative function and
recommended that responsibility for reviewing and processing plat applications be
delegated to the Neighborhoods Department Director.
He outlined a two-step process: first, designation of the Neighborhoods Department
Director as the authorized official to review and process plat applications; and second,
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referral of the pending plat application currently before the Commission to the Director
for administrative processing.
He also noted that a draft ordinance formalizing the change has been prepared and will
proceed through the City's review process, including Community Development Board
consideration.
MOTION: Appoint the Neighborhoods Department Director to administratively administer
the City Code in regards to plats and in accordance with state law.
Motion: Bruce Bole
Second: Thomas Grant
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant (Seconded By) For
Candace Kelly For
Jessica Ring For
Motion passed 5 to 0.
6. CONSENT AGENDA
6.A. Approve Resolution No. 26-73.
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
TASK A TO ISSUE CITY THE AUTHORIZING MANAGER
AUTHORIZATION TO CRAWFORD, MURPHY & TILLY, INC. TO DESIGN
THE SIDEWALK IMPROVEMENTS ON DUTTON ISLAND ROAD FOR THE
DUTTON ISLAND MULTI-USE PATH PROJECT; AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN
ACCORDANCE THE TO NECESSARY EFFECTUATE AND WITH AS
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
MOTION: Approve Resolution (No.) 26-73.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
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7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 26-74
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AWARDING BID NO. 2526-12 FOR WATER TREATMENT PLANT #3
CITY AUTHORIZING THE UPGRADE CHLORINATION PROJECT;
MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN
ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
MOTION: Approve Resolution (No.) 26-74.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
8.B. RESOLUTION NO. 26-75
A OF RESOLUTION OF THE CITY ATLANTIC BEACH, FLORIDA,
APPROVING A FLAGPOLE LOCATED AT ONE OCEAN BOULEVARD IN
EXCESS OF 35 FEET WITH A NOT TO EXCEED 50 FOOT HEIGHT,
SUBJECT IN TERMS FORTH THIS SET TO AND THE CONDITIONS
RESOLUTION.
Discussion ensued.
MOTION: Approve Resolution (No.) 26-75.
Motion: Bruce Bole
Second: Thomas Grant
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant (Seconded By) For
Candace Kelly For
Jessica Ring For
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Motion passed 5 to 0.
8.C. RESOLUTION NO. 26-76
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ADOPTING A UNIFORM POLICY FOR PARTICIPATION IN PUBLIC
MEETINGS VIA COMMUNICATIONS MEDIA TECHNOLOGY (CMT);
ESTABLISHING PHYSICAL QUORUM REQUIREMENTS AND
COMMISSION; CITY THE ADMINISTRATIVE PROCEDURES FOR
MANDATING PHYSICAL PRESENCE FOR SUBORDINATE COMMITTEES
AND BOARDS; PROVIDING FOR TECHNICAL, SECURITY, AND PUBLIC
ACCESS PROTOCOLS; AND PROVIDING AN EFFECTIVE DATE.
Discussion ensued.
MOTION: Approve Resolution (No.) 26-76.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant 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
CA Gabriel
Reminded commissioners that Form 1 Financial Disclosures are due by July 1.
Announced that an ethics training hosted by the City of Jacksonville is scheduled for
June 22, 2026 at 9:00 a.m.
CC Bartle
Announced that qualifying week is underway and will conclude on Friday.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Bole
Congratulated CM Hogencamp on his appointment.
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Commissioner Grant
Congratulated CM Hogencamp on his appointment.
Commissioner Kelly
Reminded the public that school is out for the summer and encouraged motorists to be
mindful of children riding bicycles.
Commissioner Ring
Requested proactive communication with residents regarding the upcoming Mayport
Road construction project.
Congratulated CM Hogencamp on his appointment.
CM Hogencamp
Confirmed that public outreach regarding the Mayport Road project had begun and
would continue through multiple communication channels.
in as appointment his confidence for the appreciation Expressed Commission's
Permanent City Manager and stated his intent to develop a city manager recruitment
policy.
Mayor Ford
Congratulated CM Hogencamp on his appointment.
13. ADJOURNMENT
The meeting adjourned at 7:36 PM.
Attest:
Date Approved:________________
Donna L. Bartle, City Clerk Curtis Ford, Mayor
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CITY OF ATLANTIC BEACH
OFFICE OF THE CITY MANAGER
800 Seminole Road
Atlantic Beach, Florida 32233
(904) 247-5817
City Manager’s Community Update
Date: June 8, 2026
To: The Atlantic Beach Community and City Commission
From: Kevin Hogencamp, Interim City Manager/khogencamp@coab.us
This report provides an update on primary administrative and community-focused initiatives
under way at City Hall. Our office remains focused on maintaining momentum across key
programming, infrastructure, environmental, and intergovernmental projects. City
Manager’s Community Updates, including related links, are available on the City’s website
and across official digital channels.
1. Building Permit Fees Update
The June 8 Commission staff report submitted by Neighborhoods Director Amanda Askew
details a comprehensive update to the City of Atlantic Beach’s building permit fee structure.
The proposal updates and centralizes various building, electrical, plumbing, mechanical,
and fire safety fees into a single chapter within the City Code. Because Building Division fees
have not undergone a holistic adjustment since 2009, current revenue no longer offsets the
rising administrative costs of processing applications, reviewing plans, and performing field
inspections. The proposed changes establish an increased fee schedule to ensure the
Building Division remains structurally self-sufficient. Additionally, this regulatory overhaul
ensures compliance with recent statutory mandates, such as Florida House Bill 803's new
residential permit exemptions and updated private provider fee reduction structures taking
effect July 1, 2026.
2. Recreation Facility Rental Fee Update
Staff is proposing an update to recreation facility rental fees to better align with current
operational costs and regional standards. Notable adjustments include revised hourly and
daily renting community centers, pavilions, and sports fields, alongside for rates
standardized security deposits. Additionally, the policy introduces clearer guidelines
regarding cancellation fees, cleanup responsibilities, and staff scheduling requirements for
after-hours events. Ultimately, these updated fees will generate the revenue necessary to
support the ongoing maintenance and upkeep of local parks and public infrastructure.
Attachment B to
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3. State Legislative Update
The three Beaches cities are drafting joint public information messaging regarding the
proposed property tax reduction measure. While its path to the November ballot seems
secure, potential legal, procedural, and structural roadblocks could still challenge its
phrasing, placement, or ultimate implementation. The City has published the recent joint
Beaches City Managers' Beaches Watch presentation, as well as our administrative
summary of other 2026 legislative impacts on municipal operations. Meanwhile, three
critical Atlantic Beach priorities remain funded pending the governor’s signature: $650,000
for Sherman Creek dredging and bank stabilization; $212,500 for the Dora Drive stormwater
pond to protect 92 structures from 25-year floods; and $200,000 to further our Marsh Oaks
septic tank elimination efforts.
4. Marsh Oaks Community Center Update
Construction of the Marsh Oaks Community Center building and parking lot is anticipated
for completion by August 1, with a joint grand opening for both the facility and the community
garden targeted for October. To ensure the garden's long-term success, the City envisions
bringing local stakeholders to the planning table, including BEAM. In preparation for the
garden layout, the City will remove an existing sycamore tree, clear three to four inches of
topsoil, and provide both electrical service and an outside water valve. The landscaping
contractor will then submit a detailed site plan for permitting, install irrigation lines and hose
bibs, and explore programmable water service options with Public Utilities to automate the
watering schedule. Residents will soon be invited to help define the programming and
operational strategy for the new facility.
5. Tree Protection Code Update
The City of Atlantic Beach is updating its Tree Protection Code through a two-phase
approach oldits of preservation the prioritize to designed -forest, maritime growth
specifically focusing on iconic live oaks. Under the proposed draft ordinance for Phase 1, all
maritime trees meeting a specific diameter at breast height will automatically be designated
as protected landmark trees. To disincentivize clear-cutting, the updated regulations will
mandate double mitigation for the unauthorized removal of these protected specimens.
Furthermore, property owners will be required to secure a certified arborist's “Statement of
Infeasibility” to justify tree removals and must adhere to a new 30-day "time-out" review
period. Pending legal review, the first reading of Phase 1 may be on the City Commission’s
agenda as early as June 22.
6. Mayport Road Improvement Project
The Florida Department of Transportation’s (FDOT) contractor is scheduled to begin work on
June 15. The City has published the details on its communications platforms.
Attachment B to
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• Accelerated Timeline: Excellent news — targets FDOT’s current schedule
completion in fall 2027, a significant improvement over the initial late-2028 estimate.
• Traffic Flow and Lane Closures: Traffic will be maintained according to FDOT design
standards. To minimize local impact, no lane closures will be permitted during peak
hours (6 a.m. to 8 p.m.).
• Work Schedule: Construction will primarily occur overnight, Sunday through
Thursday, with select daytime activities scheduled Monday through Friday.
7. Regional Water Crisis: Far From Over
While Jacksonville recently lifted its temporary outdoor burn ban in Duval County following
a few passing showers, the underlying drought crisis is far from resolved. A burn ban is
merely a surficial symptom of long-term, below-average rainfall. In reality, it will take more
than 30 inches of sustained rain over the next three months just to alleviate our current
deficit. We are asking the community to share the City’s Drought News & Messaging.
8. Operational Update: BS&A Cloud-Based ERP System Implementation
The City officially "went live" with its new cloud-based Enterprise Resource Planning (ERP)
system in February 2026, completely replacing a legacy 1980s platform. Following an initial
learning curve, employees have adapted exceptionally well to the Human Resources
module, utilizing digital timesheets and self-service features to streamline payroll. On the
public-facing side, the new payment portal has driven a measurable surge in residents
signing up for automatic bank drafts and emailed bills. Simultaneously, customers now
enjoy unprecedented transparency by logging in to monitor real-time plan reviews and
inspection statuses. Thanks to stricter software submission protocols, the City is receiving
more complete permit packages up front, which is expected to lower overall resubmission
rates. Building reviews are moving more efficiently at four to five business days, and
transitioning pensioners to electronic monthly stubs is already saving over $2,200 annually
in printing and postage. Moving forward, staff looks to continuously optimize functionality
and resolve remaining inefficiencies through ongoing training, user support, and unified
financial reporting.
9. Beach Seaweed (Sargassum)
The City is receiving resident inquiries regarding the unusually heavy accumulation and
natural, strong odor of seaweed (Sargassum) along the shoreline. While the volume is higher
than in previous years, the City is maintaining its policy of letting natural tidal cycles manage
the coast rather than deploying heavy mechanical equipment. This decision prioritizes the
protection of nesting sea turtles and hatchlings from May 1 through October 31, while also
preserving the vital role Sargassum plays in preventing beach erosion and nourishing our
dune systems. Furthermore, strict state regulations under the Florida Beach & Shore
Preservation Act dictate that letting nature take its course is the best management practice
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for a community of our scale to avoid disrupting protected habitats. The City has published
details on this matter on its communications platforms.
10. Hurricane Preparedness Guide
Following the June 1 kickoff of hurricane season, we encourage the community to utilize
and share the City of Jacksonville’s (COJ) newly published Hurricane Preparedness and
Response Guide.
11. Jack Russell Park Playground Upgrade
Albeit much slower than anticipated, staff is making progress compiling improvement
concepts for the northernmost section of the park.
12. Community Bright Spots!
The new “Community Bright Spots!” social media campaign, choreographed by Steve
Piscitelli, has hit the ground running. The weekly initiative has already drawn great
engagement by featuring our crossing guards, shoreline, historic markers, playgrounds,
Atlantic Beach Elementary School, Adele Grage Cultural Center, Howell Park, multi-use
paths, community murals, and more.
CITY OF ATLANTIC BEACH
Mission
The place to be -- through exceptional public services.
2040 Vision
In Atlantic Beach, we have a strong sense of belonging and safety. Our citizens and government care
deeply about community character, and we understand that unified support is required to
preserve it. We are graced with the functional beauty of our beach, our marsh, and our tree
canopy. Our shady streets and multi-use paths connect our welcoming neighborhoods and
vibrant local businesses. Our city supports our diverse, multigenerational, socially linked
community with green spaces, active lifestyles, parks, and programming.
City Commission Priorities
In 2018, the Atlantic Beach City Commission began undertaking an annual exercise that establishes
priorities for city government. This endeavor is facilitated by Atlantic Beach resident Linda Lanier,
who volunteers her services.
Attachment B to
6-8-26 Minutes
Page 16 of 16
Agenda Item #1.A.
22 Jun 2026
Page 22 of 160
TODAY’S DATE:June 8,2026
AGENDA ITEM:90-Day Calendar for the City Commission
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
RECOMMENDATION:Accept the 90-Day Calendar for June 2026-August 2026 by consensus.
ATTACHMENT(S):City Commission 90-Day Calendar (June 2026-August 2026)
MEETING DATE:June 22,2026
BACKGROUND:The rolling 90-day calendar is routinely revised based on input from City
staff and the Commission,and is included in each agenda for consideration by consensus.
Please note that the 2026 City Commission budget workshop meetings have been scheduled for:
0 Monday,June 29 at 6pm
0 Monday,July 20 at 6pm
0 Wednesday,August 19 at 6pm
Please note that the 2026 town hall meetings have been scheduled for:
0 Saturday,July 18 at Gail Baker Community Center at 10am
0 Saturday,October 17 in the Commission Chamber at 10am
BUDGET:None
REVIEWED BY CITY MANAGER:
SUBMITTED BY:Adrianna Walsh,Executive Assistant to the City Manager
Agenda Item #3.A.
22 Jun 2026
Page 23 of 160
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Page 24 of 160
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Agenda Item #3.A.22 Jun 2026
Page 25 of 160
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Agenda Item #3.A.22 Jun 2026
Page 26 of 160
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
REVIEWED BY CITY MANAGER:
AGENDA ITEM:Resolution No.26-77 to Approve Change Order #1 for the 2425-
06 Ahern Street Roadway Improvements Project
SUBMITTED BY:Matt Krug,Deputy Public Works Director
Steve Swann,City Engineer
TODAY’S DATE:June 5,2026
MEETING DATE:June 22,2026
BACKGROUND:Bid 2425—06 Ahern Street Roadway Improvements Project was
awarded by City Commission on October 27,2025,to Florida Infrastructure,Inc.After the
contractor was mobilized,it was determined that a change order was necessary to accommodate
private parking stalls at 62 Ocean Boulevard.Currently,those parking stalls are on private property
as well as City right-of—way.The parking stalls are being moved to allow safe parking that will not
impact the multi-use path being built within the City right-of—way.
BUDGET:The project had a starting budget of $800,000.00,and the winning
bid came in at $552,383.15.This left a remaining balance of $247,616.85 that can fund the
$47,520.00 needed for this change order.
RECOMMENDATION:Adopt Resolution No.26-77.
ATTACHMENTS:Resolution No.26-77
Change Order #1 Proposal from Florida Infrastructure,Inc.
Agenda Item #6.A.
22 Jun 2026
Page 27 of 160
RESOLUTION NO.26-77
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,TO
APPROVE CHANGE ORDER #1 FOR THE 2425-06 AHERN STREET
ROADWAY IMPROVEMENTS PROJECT;AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT AND PURCHASE ORDERS IN
ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE
DATE
WHEREAS,Bid 2425—06Ahem Street Roadway Improvements Project was awarded by City
Commission on October 27,2025,to Florida Infrastructure,Inc.After the contractor was mobilized,it
was determined that a change order was necessary to accommodate private parking stalls at 62 Ocean
Boulevard.Currently,those parking stalls are on private property as well as City right-of—way.The
parking stalls are being moved to allow safe parking that will not impact the multi-use path being built
within the City right-of-way;and
WHEREAS,the project had a starting budget of $800,000.00,and the winning bid came in at
$552,383.15.This left a remaining balance of $247,616.85 that can fund the $47,520.00 needed for this
change order.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Commission hereby approves Change Order #1 to the 2425-06 Ahern
Street Roadway Improvements Project;
SECTION 2.The City Commission hereby authorizes the City Manager to execute the contract
with Florida Infrastructure,Inc.and approve a Purchase Order to said vendor in the amount of
$47,520.00;
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 22ndday of June,2026.
Attest:
Curtis Ford,Mayor
Donna L.Battle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Agenda Item #6.A.
22 Jun 2026
Page 28 of 160
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Agenda Item #6.A.22 Jun 2026
Page 29 of 160
Page 30 of 160
/E<Q/SMREVIEWEDBYCITYMANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.26-78 authorizing the City Manager to issue a task
authorization to Crawford,Murphy &Tilly,Inc.to design the
sidewalk and pedestrian improvements for the Sail?sh Drive Multi-
Use Path Project
SUBMITTED BY:Steve Swann,P.E.,City Engineer
TODAY’S DATE:June 5,2026
MEETING DATE:June 22,2026
BACKGROUND:The Sail?sh Drive Multi—Use Path,identi?ed in the 2021
Connectivity Plan,features the construction of a 2,900—foot-long,8—foot-wideconcrete multi-use
pathway along Sail?sh Drive.This critical infrastructure project will seamlessly connect Atlantic
Boulevard to an existing multi—usetrail on Plaza.The completed trail will serve residents and
visitors of Atlantic Beach by vastly improving safety,neighborhood connectivity,and walkability
from local residential areas and parks to the commercial,restaurant and retail corridor on Atlantic
Boulevard.
The City has a Professional Engineering Services Agreement with Crawford,Murphy &Tilly,Inc.
(CMT),and City Staff have worked with CMT to create a proposal for the design.The tasks
include performing initial and ?nal design of sidewalk improvements on Sail?sh Drive between
Plaza Road and Atlantic Boulevard as well as replacing the AC water main between Cavalla Road
and Atlantic Boulevard,as described in the Proposal dated May 29,2026.
BUDGET:There is $330,000.00 budgeted for FY2026 in account 300-5002-
541-6300 under project number PW2605 “Sail?sh Drive Multi-Use Pa .”
RECOMMENDATION:Adopt Resolution No.26-78.
ATTACHMENT:Resolution No.26-78
Proposal from Crawford,Murphy &Tilly,Inc.dated May 29,2026
Agenda Item #6.B.
22 Jun 2026
Page 31 of 160
Donna L.Bartle,City Clerk
Approved as to form and correctness:
RESOLUTION NO.26-78
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AUTHORIZING THE CITY MANAGER TO ISSUE A TASK AUTHORIZATION
TO CRAWFORD,MURPHY &TILLY,INC.TO DESIGN THE SIDEWALK
IMPROVEMENTS FOR THE SAILFISH DRIVE MULTI-USE PATH PROJECT;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND
PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,the Sail?sh Drive Multi-Use Path,identi?ed in the 2021 Connectivity Plan,
features the construction of a 2,900-foot-long,8—foot-wideconcrete multiuse pathway along Sail?sh
Drive.This critical infrastructure project will seamlessly connect Atlantic Boulevard to an existing
multiuse trail on Plaza.The completed trail will serve residents and visitors of Atlantic Beach by vastly
improving safety,neighborhood connectivity,and walkability from local residential areas and parks to
the commercial,restaurant and retail corridor on Atlantic Boulevard;and
WHEREAS,The City has a Professional Engineering Services Agreement with Crawford,
Murphy &Tilly,Inc.(CMT),and City Staff have worked with CMT to create a proposal for the design.
The tasks include performing initial and ?nal design of sidewalk improvements on Sail?sh Drive
between Plaza Road and Atlantic Boulevard as well as replacing the AC water main between Cavalla
Road and Atlantic Boulevard,as described in the Proposal dated May 29,2026.;and
WHEREAS,there is $330,000.00 budgeted for FY2026 in account 300-5002-541-6300 under
project number PW2605 “Sail?sh Drive Multi-Use Path.”
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Commission hereby authorizes the City Manager to execute a Task
Authorization with Crawford,Murphy &Tilly,Inc in the amount of $92,000.00 to design the sidewalk
and pedestrian improvements for the Sail?sh Drive Multi-Use Path Project as described in Proposal
dated May 29,2026,and;
SECTION 2.The City Commission hereby authorizes the City Manager to approve a Purchase
Order to Crawford,Murphy &Tilly,Inc.in the amount of $92,000.00 for said Task Authorization.
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 22ndday of June,2026.
Curtis Ford,Mayor
Jason Gabriel,City Attorney
Attest:
Agenda Item #6.B.
22 Jun 2026
Page 32 of 160
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Crawford,Murphy and Tilly (CMT)
Sail?sh Drive Sidewalk and Watermain Improvements
RFQ 25-01 Professional Engineering Services
WORK ORDER 4
between
City of Atlantic Beach
and
A.GENERAL
The Owner and Engineer have entered into a Continuing Contract (“Agreement”)which provides
that,from time to time,the “Owner may request that Engineer provide professional services for
Speci?c Projects,"and “each engagement will be documented by a Work Order.”This
document is a Work Order.The Agreement sets forth the general terms and conditions which
shall apply to this Work Order.
B.DESCRIPTION OF ASSIGNMENT
This Work Order is for Professional Engineering Services in connection with the City's efforts to
construct an 8—ftwide sidewalk on Sail?sh Drive.The project will include approximately 2,900
linear feet of sidewalk and pedestrian improvements within the existing right of way from Plaza
Road to Atlantic Boulevard.The project also includes replacing approximately 600 linear feet of
an existing 6”AC water mean between Cavalla Road and Atlantic Boulevard.
C.PROJECT OVERVIEW
The intent of the proposed project is to perform initial and ?nal design of sidewalk improvements
on Sail?sh Drive between Plaza Road and Atlantic Boulevard as well as replacing the AC water
main between Cavalla Road and Atlantic Boulevard,based on an approved conceptual plan by
the City of Atlantic Beach (COAB).Project items include sidewalk,pedestrian improvements,
minor driveway,6”—8”PVC pipe,and drainage improvements.
Sidewalk improvements will include 8-ft wide concrete path,pedestrian improvements,and
signing and pavement marking.Minor driveway improvements will include adjusting driveways
and tie-in slopes for the sidewalk.Water main replacement will include abandon in place
existing AC water main and installing 6”-8”PVC water main parallel to existing line.Minor
drainage improvements will include adding/adjusting drainage inlets and tie-in to existing grades
and swale and rain garden improvements.Right-of—wayacquisition and environmental impacts
(wetlands)are not anticipated with this project.Utility coordination will be completed as
necessary,and required agency permit applications will be submitted.Safety and clear zone
improvements will be included as necessary.Existing lighting/utility poles and tress will be
evaluated to remain to the extent possible but may be removed/relocated as necessary.
Agenda Item #6.B.
22 Jun 2026
Page 33 of 160
D.SCOPE OF SERVICES
I.Sco e of Services:
A.Concept/30%Submittal/Survey
We will initiate the survey work soon after the Notice to Proceed (NTP).Upon receipt of the
survey data,we will do an internal review and evaluate the current sidewalk route of Sail?sh
Drive to design the most ef?cient route avoiding utility/tree con?icts to the extent possible.We
will prepare and deliver an 11"x 17"PDF version of the concept plan of the sidewalk
improvements for review by COAB.This includes one (1)in-person meeting and one (1)virtual
meeting with COAB staff.
Once the concept has been approved by COAB,we will prepare and deliver an 11x17 pdf
version of the 30%design plans of the sidewalk improvements including typical section and
sidewalk layout plan to the COAB for review.The COAB comments shall be incorporated into
the 60%plans.
Surve
CMT will provide surveying services for this project and will include enough detail to complete
the design and permitting services described herein and shall at a minimum include Sailfish
Drive from Plaza Road to the Atlantic Boulevard.Survey does not include utility veri?cation
holes to locate existing AC water main.Final survey shall be provided in an electronic copy in
AutoCAD Civil 3D (V2018,DTM included)along with a signed and sealed Surveyor’s Report.
B.60%Submittal
We will prepare and deliver an 11”x 17”and PDF version of 60%plans,preliminary
specifications,and a preliminary construction cost estimate to the COAB for review.This
includes one (1)virtual meeting with COAB staff.The COAB comments shall be incorporated
into the Final plans.
Plans will include detail suf?cient to clearly demonstrate the design intent,satisfy permit
requirements,obtain Agency approvals,and shall include at a minimum:.Horizontal planimetric view of sidewalk at no greater than 1"=40'on scalable 11”x 17”
plan sheets;
0 Project Layout
0 Grading and driveway improvements;.Swale and rain garden improvements;
0 Pavement marking and signage;.Horizontal and vertical planimetric view of water main at no greater than 1”=40’on
scalable 11"x 17”plan sheets;
0 Typical Details for driveways;.Typical Details for drainage structures;
o Typical Details for utilities;
0 Cross sections every 100’along the sidewalk,and as required to show details in areas of
special interest;.Temporary Traf?c Control (MOT)
Agenda Item #6.B.
22 Jun 2026
Page 34 of 160
C.Final Plans/Permitting
CMT will prepare and deliver an 11"x 17”and PDF version of 100%Construction plans,
specifications and engineer’s estimate of probable cost to the COAB.We will prepare and
submit permit exemption request to the SJRWMD.We anticipate no surface water and/or
wetland impacts.
II.Project Deliverables
A.CMT will provide one digital signed and sealed 11”x 17”copy of the Final plans and
technical speci?cations.We will provide electronic ?les of the Final Plans and
speci?cations to the COAB including PDF,AutoCAD,MS Word,MS Excel,and any other
electronic format used in the design effort and construction document preparation.
lII.Compensation Amount
Compensation will be Total NOT TO EXCEED amount of 92 000.00.Payments will be made
based on the verifiable percent completion of each task listed below
Task A —Concept/Survey $27,200.00
Task B —30%Submittal/Geotechnical $19,500.00
Task B —60%Submittal $26,100.00
Task C —Final Plans/Permittin 19 300.00
Total NOT TO EXCEED Compensation for all Tasks $92,000.00
IV.Project Schedule
Preliminary Project Schedule will be submitted prior to the kick-off meeting.
V.Services Not Included
The following services are not included in this contract.However,they can be provided as
authorized,if determined necessary during the design.Compensation will be based on our
Hourly Rates or a negotiated fee..Rezoning,comprehensive plan amendment,variances,special exceptions,etc.
o Arborist Services.Permitting/Relocation of Protected Species,if required.
0 Construction Inspection Services.Site lighting or structural design services.Landscape Architectural Design Services.NPDES Permitting,Reporting and Inspection Services.Wetland Mitigation Impacts/Fees
Agenda Item #6.B.
22 Jun 2026
Page 35 of 160
VII.Attached as Appendices
A)Man-Hour Sheet
VIII.The provisions of this Work Authorization No.WA-are subject to all terms and conditions
of the above-referenced Contract.
OWNER:
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach,FL 32233
Name:Steve Swann
Title:City Engineer
Date Signed:
ENGINEER:
Crawford,Murphy &Tilly,Inc
7400 Baymeadows Way
Jacksonville,FL.32256
By:
Name:Paul E.Ina
Title:Group Manager,ST FL
Date Signed:
IN WITNESSWHEREOF,the parties hereto have executed Work Order to be effective as of the date
first above written.
Agenda Item #6.B.
22 Jun 2026
Page 36 of 160
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{am rcoco._.:2 wNEEDS.w:wmrmmonKOS—2 om?w?Agenda Item #6.B.22 Jun 2026
Page 37 of 160
Page 38 of 160
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.26-79 Public Works Equipment Building Project
SUBMITTED BY:Matt Krug,Deputy Director,Public Works
TODAY’S DATE:June 5,2026
MEETING DATE:June 22,2026
BACKGROUND:The Public Works Equipment Building Project has been identi?ed as a
priority project on the FY2025-2026 Capital Projects Plan.The building will replace the current 6—baybarn
with a metal 6-bay building.The company who performed the Public Works Building Remodel Project,
Atlantic Coast Construction,has a current contract with St.Johns County that the City can piggyback on to
complete this project.Atlantic Coast Construction provided a proposal for the work,totaling $297,000.00,
which includes the demolition of the current building being done by City staff.
BUDGET:The FY2025-2026 budget contains $300,000.00 budgeted in Account 001-
5001-541-6200 under Project PW2609 for the Public Works Equipment Building Project.
RECOMMENDATION:Adopt Resolution No.26-79.
ATTACHMENTS:1.Resolution No.26—79
2.Proposal from Atlantic Coast Sales &Service,Inc.dba Atlantic Coast
Construction Group dated May 22,2026
3.St.Johns County Master Construction Agreement No.25-MCA-ATL-
21904
REVIEWED BY CITY MANAGER:9..
Agenda Item #8.A.
22 Jun 2026
Page 39 of 160
Curtis Ford,Mayor
RESOLUTION N 0.26-79
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AWARDING THE PUBLIC WORKS EQUIPMENTBUILDING PROJECT
TO ATLANTIC COAST CONSTRUCTION;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.
WHEREAS,The Public Works Equipment Building Project has been identi?ed as a priority
project on the FY2025—2026Capital Projects Plan.The building will replace the current 6—baybarn
with a metal 6-bay building;and
WHEREAS,the company who performed the Public Works Building Remodel Project,
Atlantic Coast Construction,has a current contract with St.Johns County that the City can piggyback
on to complete this project;and
WHEREAS,Atlantic Coast Construction provided a proposal for the work,totaling
$297,000.00,which includes the demolition of the current building being done by City staff;and
WHEREAS,the FY2025—2026budget contains $300,000.00 budgeted in Account 001 -5001-
541-6200 under Project PW2609 for the Public Works Equipment Building Project.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Commission awards the Public Works Equipment Building Project to
Atlantic Coast Sales &Service,Inc.dba Atlantic Coast Construction Group;
SECTION 2.The City Commission hereby authorizes the City Manager to execute the
piggyback contract with Atlantic Coast Sales &Service,Inc.dba Atlantic Coast Construction Group
and approve a Purchase Order to said vendor in the amount of $297,000.00;
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 2211dday of June,2026.
Donna L.Battle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Attest:
Agenda Item #8.A.
22 Jun 2026
Page 40 of 160
“N 5
MASTER CONSTRUCTIONAGREEMENT
.BETWEEN
ST.JOHNS COUNTY AND CONTRACTOR
47
Master Construction Agreement No:25-MCA—ATL—21904
Table of Contents
ARTICLE I CONTRACT DOCUMENTS ...........................................
...........................................
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4
1.1 The Contract Documents ...............................................
...............................................
.........................................
4
1.2 De?nitions ................................................
................................................
................................................
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5
1.3 Ownershipof Contract Documents ..............................................
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7
ARTICLE II THE WORK .................................................
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7
2.1 Project Description ............................................
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7
2.2 Labor and Materials ..............................................
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7
2.3 Project Sequencing/Arrangement .............7
2.4 Payment of Costs .............................................
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7
2.5 Cleaning the Jobsite ..............................................
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7
2.6 Reporting Requirements ..........................................
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8
2.7 Title and Risk of Loss ..............................................
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8
2.8 Access to Work .............................................
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8
2.9 Utilities.................................................
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8
2.10 Existing Utility Lines ........................8
2.11 Taxes ...............................................
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8
2.12 Publicity and Advertising .........................................
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9
ARTICLE III CONTRACT TIME .......................................
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3 .1 Contract Time .........................................
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9
3.2 Time is of the Essence .............................................
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9
3 .3 Substantial Completion ........................................
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9
3.4 Final Inspection ...........................................
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10
3 .5 Liquidated Damages ...........................................
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10
3 .6 Disclaimer of Consequential Damages ......................................
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11
ARTICLE IV CONTRACT PRICE AND PAYMENT ........................................
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l l
4.1 Contract Price ...........................................
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1 l
4.2 Schedule of Values ............................................
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11
4.3 Measurement and Payment ...........................................
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11
4.4 Progress Payments .........................................
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12
4.5 Application for Payment ............................................
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12
4.6 Withheld Payment ............................................l3
SJC MCA2022,REV 6 (05.02.2024)Page 1 of34 1
Agenda Item #8.A.
22 Jun 2026
Page 41 of 160
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4.7 Final Payment ................................................
................................................
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14
ARTICLE V CONTRACTOR RESPONSIBILITIES......................................
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14
5.1 Performance .................................................
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14
5.2 Authorized Representative..........................................
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15
5.3 Environmental,Safety and Health .......................................................
‘
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l 5
ARTICLE VI PROJECT MANAGER .........................................
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16
6.1 Project Manager Responsibilities.......................................
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16
6.2 Field Orders ..............................................
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17
ARTICLEVII SUBCONTRACTORS ............
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17
7.1 Award of Subcontracts ............................................
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17
ARTICLE VIII CONTRACT DISPUTES/CLAIMS.......................................
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1
78.1 Contract Claims ...............................................
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17
ARTICLE IX CHANGES IN THE WORK .......................................
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18
9.1 General ................................................
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18
9.2 Changes in the Contract Time ............................................
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18
9.3 Changes in the Contract Price .........................................
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19
9.4 Acceptance ofChange Orders ..............................
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20
9.5 Notice to Sureties .........................................
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20
9.6 Differing Site Conditions ........................................
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20
ARTICLE X UNCOVERING WORK,STOPPING WORK,............................
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21
AND ACCEPTING DEFECTIVE OR NONCONFORMINGWORK ..........................
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21
10.1 Uncovering Work ......................................
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21
10.2 Right to Stop Work ........................................
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21
10.3 County May Accept Defective or Nonconforming Work .................................
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21
ARTICLE XI CONTRACT SUSPENSION AND TERMINATION ..........................
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21
1 1.1 Suspension .........................................
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21
1 1.2 Termination ........................................
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22
ARTICLE XII WARRANTY AND INDEMNITY..................................
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23
12.1 Warranty .........................................
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23
12.2 Indemnity .........................................
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23
ARTICLE XIII INSURANCE AND BONDS ................................
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24
13.1 Contractor’s Insurance Requirements .....................................
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24
13.2 Additional Insured Endorsements and Certi?cate Holder ................................
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24
13.3 Workers Compensation.........................................
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25
13 .4 Commercial General Liability ......................................
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25
13.5 Commercial AutomobileLiability ....................................
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13.6 Additional Coverages .......................................
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25
13.7 Other Requirements .......................................
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26
13.8 Payment and Performance Blonds....................................
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26
ARTICLE XIV MISCELLANEOUS ....................................26
SJC (MCA-TO)2022,REV6 (05.02.2024)Page 2 01'34
Agenda Item #8.A.
22 Jun 2026
Page 42 of 160
14.1 Independent Contractor........................................................
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26
14.2 Examination of Contractor’s Records................................................
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27
14.3 Backcharges.........................................................
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27
14.4 AppllcableLaws .............................
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27
14.5 Governing Law &Venue .......................................................
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27
14.6 Assignment .....................................................
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27
14.7 Severability ..........................................................
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27
14.8 Section Headings...................................................
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27
14.9 Disclaimer of Third-Party Bene?ciaries ..............................................
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27
14.10 Waiver;Course of Dealing .................................................
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28
14.11 No Waiver of Sovereign Immunity.............................................
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28
14.12 Execution in Counterparts ..................................................
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28
14.13 Entire Contract ....................................................
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28
14.14 Survival .......................................................
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28
14.15 Employment Eligibility and Mandatory Use of E-Verify ........................................
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28
14.16 Equal Employment Opportunity ...........................................
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29
14.17 Public Records ....................................................
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30
14.18 Anti-Bribery.................................................
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30
14.19 Convicted and Discriminatory Vendor Lists,and Scrutinized Companies ...............................
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30
14.20 Compliance with Florida Statute 287.138.........................................
.........................................
31
14.21 Written Notice.............................................31
CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS ................................33
CONTRACTOR’S FINAL RELEASE AND WAIVER OF LIEN ..................................34
SJC (MCA-TO)2022,REV6 (05.02.2024)Page 3 of 34
Agenda Item #8.A.
22 Jun 2026
Page 43 of 160
This Master Construction Agreement (“Contract”)is made this iblday of ,2025
(the “Effective Date”)by and between ST.JOHNS COUNTY (“County”),a political sub 1visionof the State of Florida,
whose principal of?ces are located at 500 San Sebastian View,St.Augustine,FL 32084,and ATLANTIC COAST SALES
&SERVICE,INC.D.B.A.ATLANTIC COAST CONSTRUCTIONGROUP (“Contractor”),a company authorizedto
do business in the State of Florida,with its principal offices located at:5909 St.Augustine Road,Suite 2,Jacksonville,FL
32207,Phone:(904)396-4005,and E-mail:estimates@atlcoast.org,for IFB N0:2449;NW WTP OPERATOR’S
BUILDING hereinafter referred to as the “Project”.When referenced together,the County and Contractor shall collectively
be referred to as the Parties.
In consideration of the mutual promises and covenants containedherein,the Partieshereby agree as follows:
ARTICLE I CONTRACT DOCUMENTS
1.1 The Contract Documents
1.1.1 The Contract Documents are the collective documentswhich form the Contract,and shall govern completion of the
Work.The Contract Documents hereby include the following:
a)Fully Executed Change Orders and Amendmentsto this Agreement;
b)Field Orders signed by County’s Project Manager;
0)Notice to Proceed;
d)This Master ConstructionAgreement and all Exhibits and/or Attachmentshereto:
i.Exhibit A 4 Construction Plans (REVISED September 5,2025)(Per IFB Addenda 1 and 2)
ii.Exhibit B —Technical Speci?cations (REVISED September 5,2025)(Per IFB Addendum 3)
iii.Exhibit C -'St.Johns County Development Review Commercial Clearance Sheet:C2024-007402
(January 3,2025).
iv.Exhibit D —St.Johns County Operations Division Paving &Drainage Construction Permit No.
COMM 24—92(December 31,2024)
v.Exhibit E —St.Johns River Water Management District (SJRWMD)Permit No.21489-83
(March 25,2025)
e)Bonds and Insurance furnished by the Contractor in accordancewith Article XIII herein;
t)IFB Documents and Bid Forms with all addendathereto fer IFB No.2449
1.1.2 Documents not enumerated above are not Contract Documents and do not form part of this Contract.No terms,
conditions,limitations or exclusionsin Contractor’s submittedBid or invoices shall be binding upon County or become part
of the Contract Documents.In the event of discrepancies,the Contract Documents shall be interpreted in the order of
precedence as listed above in Section 1.1.1.Additionally,Speci?cations shall govern over Drawings,electronicdocuments
shall govern over hard-copy documents,numericaldimensionsshall govern over dimensionsacquired by sealing,and fully
executed documents shall govern over unsigned drafts.
1.1.3 Shop Drawings,Product Data,Samples and similar submittals(hereafter “Submittals”)arenot Contract Documents.
The County will review and take action upon Contractor's submitted Submittalsbut only for the limited purpose of checking
for conformance with information given and the design concept expressed in the Contract Documents.Review of Submittals
is not conducted for the purpose of determining the accuracy and completeness of other details,such as dimensions and
quantities,norfor substantiating instructions for installationor performance of equipment or systems,all of which remain
the responsibilityof Contractor.
1.1.4 All Submittals (whether in hard or soft copypprepared by or on behalf of Contractor in the course of the Work shall
be the exclusive property of the County.Ownership of any proprietary information or intellectual property contained in
such Submittals shall remain with Contractor.Contractor grants the County a perpetual,royalty—free,license to use,copy
and allow third parties to use such Submittals and all proprietary information containedin them as may be requiredfor the
County’s internal business purposes including without limitation tendering,installing,operating,repairing,maintaining,
modifying,reconstructing,replacing and/or upgrading the Work.Such license shall be capable of transfer and/or sub-
licencing in whole or part without notice to or ?irther consent of Contractor.Contractor shall not be held liable,for reuse of
Contractor’s Submittalsby the County for purposes other than originally intended as stated in the Contract Documents.
SJC (MCA-TO)2022.REV6 (05.02.2024)Page 4 of34
Agenda Item #8.A.
22 Jun 2026
Page 44 of 160
1.1.5 Contractor is solely responsible for requesting instructions,interpretations,or clari?cations to the Contract
Documents and is solely liable for any costs and/or expenses arising from its failure to do so.Contractor shall have a
continuing duty to read,carefully study and compare each of the Contract Documents,the Submittals and shall give
immediate written notice to the Project Manager and the County of any inconsistency,ambiguity,error or omission whic
hContractormaydiscoverwithrespecttothesedocumentsbeforeproceedingwiththeaffectedWork.The issuance,or the
express or impliedapproval by the County or the Project Manager of the Contract Documents or Submittals shall not relieve
any such approval by evidence of Contractor’s compliance with the Contract.The County has requested the Project
Manager to provide to Contractor documents for the Project,including the Drawings and Speci?cations for the Project,
which are accurate,adequate,consistent,coordinated,and suf?cient for construction.HOWEVER,THE COUNTY
MAKES"NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTO
RCONCERNINGSUCHDOCUMENTS.By the execution hereof,Contractor acknowledges and represents that it has
received,reviewed and carefully examined such documents,has found them to be complete,accurate,adequate,consistent,
coordinatedand suf?cient for construction,and that Contractor has not,does not,and shall not rely upon any representation
or warranties by the County concerning such documents as no such representation or warrantieshave been or are hereby
made.
1.1.6 Any dispute relating to the Contract Documents,shall be resolved through good faith efforts upon the part of the
Contractor and the County.Should Contractor have any questions concerning interpretation or clari?cation of the Contract
Documents,Contractor shall submit to the County’s Project Manager,in writing,a request for clari?cation that clearly and
concisely sets forth the issues for which such request is sought.Such request shall be submitted to the Project Manager by
the Contractor within three (3)business days of receipt of the Contract Documents,or the direction,interpretation,or
clari?cation thereof provided by the County.The County’s Project Managershall render a determinationconcerning such
interpretation or clari?cation,which shall be considered ?nal and conclusive unless Contractor ?les a written protest within
fourteen (14)calendardays of receipt thereof.Contractor’s protest shall be submittedto the Purchasing Director,and shall
state clearly and in detail the basis thereof.Failureby the Contractor to protest the County Project Manager’s rendered
determination within the timeframe above,shall constitute a waiver by the Contractor of all its rights to further protest,
judicial,or otherwise.The Purchasing Director shall consider the Contractor’s protest and shall render a decision thereon,
in writing,within ten (10)calendar days.If Contractor does not agree with the determinationof the Purchasing Director,
the Contractor shall deliver written notice to that effect to the County within three (3)business days of receipt of the
determination by the Purchasing Director.
1.1.7 Unless otherwise directed in writing,Contractor shall at all times carry on with the Work andmaintain its progress
schedule in accordance with the requirements of the Contract and the determination of the County,pending resolution of
any Contract Document dispute.In no event will a dispute,the ?ling of a protest,claim or appeal,or the resolutionor
litigation thereof,relieve Contractor from its obligation to timely perform the Work required by the Contract and to maintai
ntheprOgressscheduleinaccordancewiththeContract.
1.1.8 Any and all Contract Documents shall remain the property of the County.Contractor is granted a limited license to
use and reproduce applicable portions of the Contract Documents issued by the County appropriate to,and for use in,
execution of the Work.Contractor shall have the right to keep one record set of the Contract Documents upon completion
of the Work;provided,hOWever,that in no event shall Contractor and/or its subcontractors use,or permit to be used,any or
all of such Contract Documents on other projects without the speci?c written consent of the County.
1.2 De?nitions
Terms used within this Agreement shall have the meaning as set forth in the St.Johns County Purchasing Policy,or as
provided herein.Terms de?ned herein for speci?c application to this Contract shallgovern over de?nition of terms provided
in the St.Johns County Purchasing Policy.
1.2.1 Acce tance of the Work:Written acceptance of the Work by the County and the County’s Project Manager.
1.2.2 A licableLaws:All local,state,and federal laws,statutes,codes,ordinances,rules and regulations in effect at the
time Work and Warranty Work is performed under this Contract.
1.2.3 Claim:Any claim,liability,loss,demand,demand for arbitration,damage,lien,cause of action of any kind,
obligation,responsibility,cost,expense,royalty,fee,assessment,penalty,?ne,judgment,interest or award,pending or
threatened,whetherarising by law,contract,tort,voluntary settlement or otherwise.
SJC (MCA-TO)2022,REV6 (05.02.2024)Page 5 of34
Agenda Item #8.A.
22 Jun 2026
Page 45 of 160
1.2.4 Contract Price:The sum set forth in Article IV of this Contract shall constitute the Contract Price,as may be
amended by Change Order.Unless otherwise approved by the County in writing,the Contract Price includes all taxes,
including without limitation,income and withholding tax of any kind and sales tax imposed by the state or by the County
and paid by Contractor or any Subcontractors with respect to salesof goods purchased for the performance of the Work
1.2.5 Contract Time:The number of calendar days between commencement and completion of the Work,established in
paragraph 3.1.1 of this Contract,as may be amended by Change Order.
1.2.6 Design:Those design services related to the Project prepared by the County or the County’s consultants or other
representatives,which shall,as may be required,be included in Contractor’s Work.
1.2.7 Drawin s:The graphic and pictorial portions of the ContractDocuments,illustrating the design,location an
ddimensionsoftheWork,generally including but not limitedto,plans,elevations,sections,details,general notes,schedules
and diagrams.
1.2.8 Final Com letion:Completion of all Work in compliance with the Contract Documents,as determined by the
County,and issuance of a Final Certi?cate for Payment.
1.2.9 Force Ma'eure Events:Those events that are not reasonably foreseeable and are beyond the control of both the
Contractor and the County,including acts of war,terrorist attacks,labor strikes,?oods,earthquakes,epidemics,pandemic
s,riots,adverse weather conditions,and other acts of God.
1.2.10 J obsite:Any physical location or other place on,under,in,at or through which any aspect of the Work is performed.
1.2.11 Notice to Proceed:A written notice given by the County to Contractor ?xing the date on which the Contract Time
will commencetorun and identifying the corresponding Substantial Completion and Final Completion dates.
1.2.12 Product Data;Illustrations,standard schedules,performance charts,instructions,lbrochures,diagrams and other
information furnished by Contractor to illustrate materialsor equipment for some portion of the Work.
1.2.13 Project:The total undertaking to be accomplished for County by engineers,contractors,and others,including
planning,study,design,construction,testing,commissioning,and start-up,and of which the Work to be performed under
the Contract Documents is a part.
1.2.14 Pro'ect Mana er:The County’s representative assigned to the Project,or any part thereof,to observe theWork and
perform certain other obligations of the County as de?ned in Article VI below.
1.2.15 Sho Drawin 5:Drawings,diagrams,schedules,and other data specially issued for the Work by Contractor or a
Subcontractor,Sub-subcontractor,and material suppliers to illustrate some portion of the Work.
1.2.16 S eci?cations:That portion of the Contract Documents consisting of the written requirements for materials,
standards,equipment,construction systems,and standards of workmanship for the Work,and performance of related
services.
1.2.17 Subcontractor:A Subcontractor is an individual,partnership,corporation,association,joint-venture or any
combination thereof,which has a direct orindirect contract with Contractor to perform a portion of the Work.
1.2.18 Substantial Com letion:The stage in the progression of the Work when the Work is suf?ciently complete in
accordance with this Contract so that the County can enjoy bene?cial use or occupancy of the Work and can utilize the
Work for its intended purpose.
1.2.19 Wor__k:Construction and services required by the Contract Documents,including all labor,materials,equipment
and services as well as other deliverables provided,or to be provided,by Contractor to fulfill Contractor s obligationsunder
this Contract.The Work may constitute the Whole or part of the Project.
SIC (MCA-TO)2022,REVG(05.02.2024)Page 6 of 34
Agenda Item #8.A.
22 Jun 2026
Page 46 of 160
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1.3 OWnership of Contract Documents
Any and all Contract Documents shall remain the property of the County.Contractor is granted a limited license to use and
reproduce applicable portions of the Contract Documents issued by the County appropriate to,and for use in,execution of
the Work.Contractor shall have the right to keep One record set of the Contract Documents upon completion of the Work;
provided,however,that in no event shall Contractor and/or Contractor’s subcontractors use,or permit to be used,any or all
of such Contract Documents on other projects without the speci?c written consent of the County.
ARTICLE II THE WORK
2.1 Project Description
The Project involves constructionof a 1,500 square foot Operators’Building at the Northwest Water Treatment Plant located
at 1205 State Road 16,St.Augustine,Florida 32084.
2.2 Labor and Materials
2.2.1 Contractor shall perform all of the Work required,implied,or reasonably inferable from,the Contract Documents.
Unless otherwiseprovidedin the Contract Documents,Contractor shall provide and pay for all labor,supervision,materials,
supplies,tools,transportation,storage,construction equipment and machinery,utilities (including but not limited to water,
heat,fuel,light,and cooling),and all other services necessary for prOper execution and completion of the Work,whether
temporary or permanent and whether or not incorporated or to be incorporated in the Work.Materials,articles and equipment
furnished by Contractor for incorporation into the Work shall be new unless otherwise speci?ed in the Contract Documents.
2.2.2 Contractor shall use only competent and skilled personnel to perform and supervise the Work and shall remove
from such Work any person determinedto be un?t,unquali?ed,or acting in violationof any obligation of Contractorunder
this Contract.In the event a person is removed from the Work,Contractor shall promptly replace such individual with
another who is fully competent and skilled to perform the Work at Contractor’s sole expense.
2.2.3 Except as otherwiserequired for the safety or protectionof persons or the Work or property at the Jobsite or adjacent
thereto,and except as otherwise stated in the Contract Documents,all Work at the J obsite shall be performed during regular
working hours,Monday through Friday.Contractor will not perform Work on a Saturday,Sunday,or any legal holiday.
Contractor may perform Work outside regular working hours or on Saturdays,Sundays,or legal holidays only with the
County’s prior written consent,which will not be unreasonably withheld.
2.2.4 In addition,when the Work requires by Florida Statute,Contractor shall use only licensed,registered and/or certi?ed
personnel to perform the Work.Such Statutes may include,but are net limited to,Chapter 489 (Regulation of Professions
and Occupations Contracting)and Chapter 633,Part 111(Fire Protection and Suppression)of the Florida Statutes.
2.3 Project Sequencing/Arrangement
Contractor shall not be limited in the sequencing or staging of the Work except to the extent that the Contract Documents
impose limitations.Neither the organization of any of the Contract Documents into divisions,sections,paragraphs,articles,
(or other categories),nor the organization/arrangement of the Drawings or Design,shall control Contractor in dividing the
Work or in establishing the extent or scope of Work to be performed by Subcontractors.
2.4 Payment of Costs
Except as otherwise expressly provided,Contractor shall pay directly all costs and expenses of the Work of any kind or
nature whatsoever including but not limited to all costs of permitting,regulatory compliance,obtaining and maintaining
required bonds and insurance pursuant to Article XIII,payments due to Subcontractors and suppliers,legal,?nancial,sales,
use and similar taxes on materials and equipment,transportation and storage of materials and equipment,preparation of
schedules,budgets and reports and all other costs required to achieve Substantial Completion and Final Completion in
accordance with the Contract Documents.
2.5 Cleaning the J obsite
Contractor shall keep the Jobsite neat,secure and orderly during performance of the Work and shall clean up and remove
all waste,rubbish and construction debris from the Jobsite as they accumulate.Upon Final Completion of the Work,
Contractor shall remove all waste,rubbish and construction debris from and about the J obsite as well as all tools,appliances,
construction equipment,temporary utilities,temporary constructionand machinery and surplus materials.Contractor shall
restore to original condition all property not designated for alteration by the Contract Documents.
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2.6 Reporting Requirements
2.6.1 Dail Record.The Contractor shall keep a daily record of the Work at the Jobs1te At a minimumthe Daily Record
shall include weather conditions,number of workers (by trade)on the Jobsite,and material/equipment deliveries.Daily
Records shall be submitted by close of business the following day.
2.6.2 Monthl Re ort.The Contractor shall prepare and submit a written monthly report by the tenth day of each calendar
month.Monthly reports shall at a minimum describe Work completed in the prior month,planned Work for the current
month,detailed explanationsof any activity that is behind schedule,corrective actions taken to recoverschedule,safety and
environmental incidents and ccrrectiVe actions taken.
2.7 1 Title and Risk of Loss
Title to the structures,improvements,?xtures,machinery,equipment and materials constituting the Work or the Project
shall pass to the County no later than time of payment.Such transferred title shall in each case be good,free and clear of
any and all security interests,liens or other encumbrances.Contractor shall,hOWever,bear all risk of loss concerning such
structures,improvements,?xtures,machinery,equipment and materials until Substantial Completion,regardless of the
extent to which the loss was insured or the availability of insurance proceeds.The transfer of title does not imply acceptance
by the County nor does it relieve Contractor from the responsibility for any loss or damageto items.
2.8 Access to Work
The County and the Project Manager,shall at all reasonable times have full access to all parts and locations of the J obsite(s)
from commencement of the Work through Final Completion.Contractor shall take whatever steps necessary to provide such
access when requested.
2.9 Utilities
Contractor shall,at its expense,make all arrangements necessary to secure the availability of and maintain all temporary
utilities required to construct and operate Contractor 5 Work as required by the Contract Documents.If the scope of Work
requires,Contractor shall arrange for activating permanent power,water,and sanitary service to the Project prior to
Substantial Completion.This includes legal sketches and descriptions for easement as well as record drawings requirement
srequiredbyutilitycompanies.The County will assume permanent utility costs at Substantial Completion.
2.10 Existing Utility Lines
2.10.1 When existing Utility Lines (eg.conduits,pipelines,transmission mains andutility equipment and appurtenances)
shown on the Drawings are to be removed or relocated,Contractor shall notify the ProjectManager in ample time (but in
no event less than five (5)business days)for taking measures for prevention of the interruption of any required services
prior to the beginning of operations.Locations of existing utility lines shown on the Drawings are based on the best
information available to the Project Manager,but shall not be considered exact either as to location or number of such lines.
2.10.2 Contractor shall protect Utility Lines constructedunder terms of the Contract and those discovered or shown on
Drawings to be existing.In the event that Contractor damages any existing Utility Lines,shown or not shown on the
Drawings,Contractor shall immediately notify the Project Manager.Damage occurring to existing Utility Lines due to
Contractor’s failure to exercise reasonable care shall be repaired or replaced at no cost to the County.
2.11 Taxes
2.11.1 Contractor shall pay all taxes,levies,duties and assessments of every nature which may be applicable to any Work
under this Contract.The Contract Price and any agreed variations thereof shall include all applicable taxes imposed by law.
Contractor shall make any and all payroll deductions required by law.Contractor herein indemnifies and holds the County
harmless from any liability on account of any and allsuch taxes,levies,duties,assessments and deductions.The indemnity
provision of th1s section shall survive the expiration or earlier termination of this Contract.Contractor may not use County’s
tax-exempt status unless speci?cally authorized in writing in advance.
2.11.2 Forei n Entit Tax Withholdin .Amounts due to certain foreign persons or entities may be subject to backup
withholding taxes under federal law.If Contractor 1s a foreign person or entity that is required to complete Internal Revenue
Service (“IRS”)Form W-SECI,Contractor shall provide County a copy of Contractors current Form W-8ECI prior to
issuance of any invoice or payment under this Contract.If Contractor fails to timely provide a completed,current Form W-
8ECI,County will withhold all backup withholding taxes from the amounts due to the Contractor,remit such sums to the
SJC (MCA-TO)2022,,REV6 (05.02.2024)Page 8 of34
Agenda Item #8.A.
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IRS,and pay Contractor only the remainder.County makes no representationregarding the tax treatment of amounts due to
Contractor,and Contractor releases and holds the County harmless from any claims or damages in any way relating to or
arising from any tax withholding by County pursuant to this section.
2.12 Publicity and Advertising
2.12.1 Contractor shall not make any announcement or release any information or publish any photographs conceming
this Contract,the Work or the Project or any part thereof to any member of the public,press or any of?cial body,unless
prior written consent is obtained from the County;
2.12.2 Use of the County Seal or County Logo is strictly prohibited.In accordance with,County Ordinance 92-2 and
County Administrative Policy 101.3,Contractor may not manufacture,use,display,or otherwise use any facsimile or
reproduction of the County Seal or Logo without express written approval of the Board of County Commissionersof St.
Johns County,Florida.
2.13 County Furnished Items
2.13.1 The County shall furnish to Contractor,at the time of executing this Contract,written and tangible materia
lconcerningconditionsbelowgroundattheJobsite.Such written and tangible material is furnished to Contractor only in
order to make disclosure of such material and for no other purpose.By furnishing such material,the County does not
represent,warrant,or guarantee its accuracy either in whole,in part,implicitly,or at all,and shall have no liability therefore.
The County shall also furnish surveys,legal limitations and utility locations (if known),and a legal description of the
Proj ect’s J obsite.
2.13.2 Contractor shall obtain and pay for all permits,fees and licenses necessary and ordinary for the performance of the
Work.Excluding such permits,fees and licenses,the County shall obtain all approvals,easements,and the like required
for construction.
2.13.3 Subject to Paragraph 1.6 above,the County shall furnish Contractor electroniccopies of the Contract Documents
for execution of the Work.Hard copies of the Contract Documents shall be the responsibility of Contractor.
ARTICLE III CONTRACT TINIE
3.1 Contract Time
3.1.1 Contractor shall commence the Work within ten (10)calendar days following receipt of the County’s Notice to
Proceed and shall substantially complete all Work within one hundred eighty (180)consecutive calendar days as may be
extended pursuant to Paragraph 9.2 of this Contract.Final Completion shall be reached within thirty (30)consecutiv
ecalendardaysafterSubstantialCompletion.
3.1.2 Contractor,prior to commencing the Work,shall submit to the Project Manager for his/her information,
Contractor’s schedule for completing the Work.Contractor’s schedule shall be.revised no less frequently than monthly
(unless the parties otherwise agree in writing),and relate to the entire Work.By way of illustration and not exclusion,
Contractor’s schedule shall:(1)contain suf?cient activities to assure adequate planning for the Work,(2)include approve
dchangestotheWorkthatimpacttheschedule,(3)includea clearly de?ned critical path,and (4)include a unique description
for each activity.In the event any schedule revision impacts the completion time as provided in Paragraph 3.1.1 above,
Contractor shall submit a request for additional time,in accordance with procedures as provided in Paragraph 9.2 below.
Failure by Contractor to strictly comply with the provisions of this Paragraph shall constitute a material breach of this
Contract.
3.2 Time is of the Essence
Time is of the essence regarding each and every obligation of Contractor under this Contract.Each obligation is deemed
material,and a breach of any such obligation (including a breach resulting from untimely performance)is a material breach.
3.3 Substantial Completion
3.3.1 When Contractor considers the Work is substantially complete,Contractor shall notify the Project Manager in
writing and submit a comprehensive list of incomplete items to be completed or corrected prior to Final Completion.The
Project Manager will promptly inspect the Work following receipt of Contractor’s notice and attached list of incomplete
SJC (MCA»TO)2022,REV6 (05.02.2024)Page 9 of34
Agenda Item #8.A.
22 Jun 2026
Page 49 of 160
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items.The Project Manager may refuse to inspect the Work if the Work is obviously not substantially complete or when
Contractor 5 list is not complete.
3.3.2 To the extent applicable to Contractor’s speci?c Work scope,the'following items shall be completed prior to
Contractor’s request for a Substantial Completion inspection.
a)All general construction completed.
b)Project Jobsite cleared of Contractor's excess equipment,storage shacks,trailers,and/or building supplies.
0)Project record Drawings and Speci?cations submitted in accordance with the Contract Documents.
(1)Preliminary as-built drawings submitted.
6)All applicablepermits required for use provided.
g)All operations and maintenance manuals,training literature,and software for all equipmentprovided.
h)Manufacturers‘certi?cations and warranties provided.
i)All required spare parts and special tools provided.
3.3.3 If Substantial Completion is not obtained at the inspection called by Contractor,for reasons which are the fault of
Contractor,thecost of any subsequent inspections requested by Contractor for the purpose of determining Substantial
Completion shall be the responsibility of Contractor and shall be assessed against the ?nal payment application.
3.3.4 Once Substantial Completion is achieved and within the time allowed by RS.218.70 et seq,the Project Manager
will prepare the punch list requiredby the Local Government PromptPayment Act.Unless otherwise mutually agreed,the
punch list items shall be corrected by Contractor within thirty (30)calendar days and prior to any request for Final Inspecti
onandAcceptance.The failure to include any corrective Work or pending items not yet completed on the list does not alter
the responsibility of Contractor to complete the Workpursuant to this Contract.
3.4 Final Inspection
When all the Work is ?nally complete and Contractor is ready for a ?nal inspection,Contractor shall provide written notice
to the County and the Project Manager.The Project Manager,with Contractor’s cooperation,will conductsuch reviews,
inspections and tests as may be reasonably required to satisfy the County that the Work,or identi?ed portion of the Work,
conforms to all requirements of the Contract Documents.If the Project Manager determines that the Work or any part of
the Work is not complete or fails to conform to the Contract Document requirements,Contractor will be noti?ed in writing
-of de?ciencies.After correcting all de?ciencies Contractor shall again initiate the procedures for‘?nalinspectionas set forth
above.The Project Manager will issue a Final Certi?cate for Payment following satisfactory inspection of the Work
provided Contractor has deliveredto the Project Managerthe ?nal correctedas-built Drawings and the ?nal bill of materials,
if any.
3.5 Liquidated Damages
3.5.1 Execution of this Contract by Contractor shall constituteContractor’s acknowledgment that the County will sustain
damages in the amount identi?ed in Paragraph 3.5.2 below for each and every calendarday during which completion of the
Work required is delayed beyond Substantial Completion or Final Completion.Contractor and County agree that such
damages shall be presumed to be the damages actually sustainedby the County as de?ned below,and that because of the
nature of the Project,it would be impracticable or impossible to determine or extremely dif?cult to ?x the actual damages.
3.5.2 If Contractor fails to achieve Substantial Completion or Final Completion of the Work by its applicable date,then
the County shall be entitled to withhold from any amounts otherwise due Contractor or to be paid as a debt due the sum of
$502.48 per day for each and every calendar day of unexcused delay “Liquidated Damages”.The parties agree that such
Liquidated Damages are not a penalty but rather a genuine pre-estimate of monetary damages sustained by the County for
loss of revenue and/or increased project administration expenses related to this Contract because Contractor failed to
perform and complete Work within the time ?xed for completion or additional time granted pursuant to the provisions
hereof.The assessment of Liquidated Damages are without prejudice to the County’s rights of termination and Contractor’s
obligation to complete the Work.
3.5.3 Should Contractor fall behind the approved Work schedule;the County reserves the right to deduct Liquidated
Damages based on an estimated period of late completion.The County need not wait until completion of Work to withhold
Liquidated Damages from Contractor’s progress payments.
SJC (MCA»TO)2022,REVG(05.02.2024)Page 10 of34
Agenda Item #8.A.
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Page 50 of 160
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3.6 Disclaimer of Consequential Damages
The County shall not be liable to Contractor,whether in contract,tort,warranty or under any statuteor on any other basis,
for any consequential,incidental,indirect,special,punitive or exemplary damages suffered or incurredby Contractor in
connection with this Contract,even if the County has been advised of the possibility of such damages.Consequentia
ldamagesshallinclude,by way of example and without limitation,opportunity costs,loss of use of facilities or other assets,
consequential damage claims of subcontractors,lost pro?ts,lost savings,lost business,lost bonding capacity,lost ?nancing,
lost reputation or lost goodwill.
ARTICLE IV CONTRACT PRICE AND PAYMENT
4.1 Contract Price
4.1.1 This Contract is a LUMP SUM Contract.As compensation for satisfactory performance of the Work,the County
shall compensate,and Contractor shall accept,as full and complete compensationfor all the Work required herein a total
Lump Sum price of Eight Hundred Twenty-Nine Thousand Three Hundred Thirty-Seven Dollars and Zero Cents
($829,337.00),the “Contract Price”.The cost of any item of Work not covered by a speci?c Lump Sum shall be included
in the Lump Sum price to which the item is most applicable.
4.1.2 If required by the County,Contractor shall have includedunit prices in the base Lump Sum.Such unit prices shall
apply to revisions to the Work as directed by the County in accordance with Article IX.Unit prices are “all-inclusive”,
including labor,material,supervision,tools,equipment,insurance,taxes,fringe bene?ts,coordination,engineering,
overhead,pro?t,performance and payment bonds,and all other things necessary.Unit prices are ?xed for the duration of
the Contract and are not subject to escalation for any cause.
4.2 Schedule of Values
4.2.1 Prior to the commencement of Work,Contractor shall submit to the County and to the Project Manager a Schedule
of Values allocating the Contract Price to the various portions of the Work.Contractor’s Schedule of Values shall be
prepared in such form,with such detail,and supported by such data as the Project Manager or the County may require to
substantiate its accuracy.Contractor shall not imbalancethe Schedule of Values nor arti?cially inflate any element thereof.
The violation of this provision by Contractor shall constitute a material breach of this Contract.
4.2.2 Upon approval by the County the Schedule of Values shall be used as a basis for Contractor’s Application for
Payment.The total of all payments in the Schedule of Values must at all times be equal to the Contract Price.No progress
payment shall be made to Contractor until an acceptable Scheduleof Values is submitted.
4.2.3 General conditions costs may be considered as a line item for the following items (break down required)
(collectively the following shall be known as the General Conditions Costs):
a)Contractor’s ?eld of?ce personnel (full-time err—site)
b)Construction of?ce and storage facilities
c)Utilities required to sustain ?eld of?ce and sanitary facilities
d)Electrical power and water for construction
e)Bonds and Insurance
4.2.4 Progress payments for general conditions costs will be based on the percentage of Work completed to date,except
bonds and insurance which may be requested in full.Separate payments for ShOpDrawings and deposits for materials will
not be allowed.
4.3 Measurement and Payment
4.3.1 Contractor shall make all surveys necessary for determining all quantities of Work to be paid under this Contract.
Copies of ?eld notes,computations and other records made by Contractor for the purpose of determining quantities shall
be furnished to the Project Manager upon request.Contractor shall notify the Project Manager prior to the time such surveys
are made.The Project Manager may but shall have no obligation to witness and verify such surveys.Measurements and
computations shallbemade by such methods as the County may consider appropriate for the class of work measured.The
dividing limits,lines or planes between adjacent items or classes of excavation,concrete,or other types of Work where not
de?nitely indicated on the Drawings or in the Speci?cations shall be as determinedby the County.
SJC (MCA-TO)2022,REV6 (05.02.2024)Page l l of 34
Agenda Item #8.A.
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4.3.2 No payments of invoices (or portions thereof)shall,at any time,constitute approval or acceptance of the Work
under this Contract,nor be a waiver by the County of any of the terms contained herein.
4.4 Progress Payments
4.4.1 Prior to Contractor’s submittal of the initial Application for Payment,Contractor shall havedelivered the following
documents.The County will not make any payment to Contractor until Contractor has submitted the following
requirements:
a)Schedule of Values
b)Project Schedule
c)Certi?ed copy of recorded bond
d)Insurance Certi?cates
4.4.2 On or before the tenth (10th)day of each calendar month,Contractor shall submit an Application for Payment to
the Project Manager in such form and manner,and with such supporting data and content,as the Project Manager may
require.Such Applicationfor Payment shall be based on the amount of Work done or completed during the payment period
which is de?ned as the ?rst day of the preceding calendar month through the last day of the preceding calendar month.The
Project Manager will review the Application for Payment to determine whether the quantity and quality of the Work is as
represented in the Application for Payment and thereafter con?rm to the County the amount properly owing to Contractor.
Upon receipt by the County of the Project Manager’s recommendationfor payment,payments will be made in accordanc
ewiththeLocalGovernmentPromptPaymentAct(Sections 218.70-218.80 of the Florida Statutes)less such amounts,if any,
otherwise owing by Contractor to the County or which the County shall have the right to withhold.Any Application for
Payment determined by the County not to be suitable for payment shall be modi?ed and processed in accordancewith the
County’s assessment.
4.4.3 In the event any dispute with respect to any payment or Application for Payment cannot be resolved between
Centractor and the County’s Project staff,Contractor may demand in writing a meeting with and review by the County’s
Purchasing Director.Such meeting and review shall occur within ten (10)business days of receipt by the County of
Contractor’s written demand.The Purchasing Director shall issue a written decision on the dispute within ten (10)
lbusinessdaysofsuchmeeting.This decision shall be deemed the County’s ?nal decision for the purpose of the Local Government
Prompt Payment Act.
4.4.4 The County may withhold from each progress payment made to Contractor an amount not to exceed ?ve (5%)
percent of payment as retainage until ?nal acceptance of all Work in accordancewith Section 255.078 of the Florida Statues.
Any interest earned on retainage shall accrue to the bene?t of the County.The County shall make prompt payment to
Contractor,unless in accordance with Section255.078(6)of the Florida Statutes,such funds are the subject of a good faith
diSpute,claim or demand by the County or Contractor.
4.4.5 Contractor warrants and guarantees that title to Work,materials,and equipment covered in any Application for
Payment,whether incorporated in the Project or not,shall pass to the County no later than the time of payment and shall be
free and clear of liens,claims,security interests or other encumbrances.
4.5 Application for Payment
4.5.1 Contractor may make Application for Payment,at intervals of not more than once a month for Work satisfactorily
completed during the Project.Contractor shall submit with each Application for Payment an updated Project schedul
eacceptabletotheProjectManager.Each Application for Payment shall clearly include:
a)Contract Number;
b)A unique Application for Payment number;
c)Contractor’s legal name and address;
d)Taxpayer identi?cation number (Contractor’s federal employer identi?cation number);
e)Brief description of the completed Work,in accordance with Contractor’s Schedule of Values;
f)Original Contract Price including approved Change Order amounts;and,
g)Preferred remittance address,if different from the mailing address.
The County may require any other information from Contractor that the County deems necessary to verify Contractor’s
SJC (MCA-TO)2022,REV'G(05.02.2024)Page 12 of 34
Agenda Item #8.A.
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Application for Payment.No later than ten (10)days after execution of this Contract or Notice to Proceedhas been issued
,the County will identify in a separate written notice the submittalrequirements for Contractor’s payment requests.
4.5.2 Delivered,stored or stockpiled materialsmay be included in an Application for Payment provided Contractor meets
the following conditions:
a)Materials are suitably and securely stored at the Jobsite or a bonded warehouse (acceptable to the County);
b)An applicable purchase order or supplier’s invoice is provided listing the materials in detail,cost of materials
and identifying this speci?c Project by name;and
c)The material is insured against loss or damage (from whatever source)or disappearance prior to incorporation
into the Work.
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4.5.2.1 Payments for such materialsshall be at the sole discretionof the Project Manager,shall be based only upon the actual
cost of the materials to Contractor,and shall not include any overheador pro?t to Contractor.
4.5.3 Each Application for Payment shall be signed by Contractor and shall constitute Contractor’s representation that
the Work has progressed to the level for which payment is requested,that the Work has been properly installedor performe
dinfullaccordancewiththisContract,and that Contractor knows of no reason why payment should not be made as requested.
Contractor’s ?nal Application for Payment shall also be accompanied by a full and complete release and/or waiver of all
liens complying with Section 713 .20 of the Florida Statutes.
4.5.4 Contractor must remit undisputed payment due for labor,services,or materials furnished by Subcontractors and
suppliers hired by Contractor,within ten (10)days a?er receipt of each progress payment from the County pursuant to
Section 218.735 of the Florida Statutes.If necessary for the protection of the County,the County shall have the right,at its
sole option,to make payment by joint check or by direct check to Contractor’s Subcontractorsor suppliers withoutadvance
notice to or consent of Contractor.If joint checksare issued following claims by Contractor's Subcontractors or suppliers,
the County shall be entitled to an administrative fee of $50.00 per check for the expense of processing each joint check.
Any amounts paid directly to a Subcontractor or supplier will be deducted from payments made to,or amounts due or that
may become due to,Contractor.The issuance of a joint check shallcreate no rights in favor of any person or entity beyond
the right of the named payees to payment of the check and shall not be deemed to commit the County to repeat the procedur
einthefuture.
4.5.5 No progress payment,nor any use or occupancy of the Project by the County,shall be interpreted to constitute
approval or acceptance of any Work under this Contract,nor be considered a waiver by Contractor of any of the terms of
this Contract.
4.5.6 The County’s performance and obligationto pay under this Contract is contingent upon an appropriationof lawfully
available funds by the Board of County Commissioners.The County shall promptly notify Contractor if the necessary
appropriation is not made.
4.6 Withheld Payment
4.6.1 The County may decline to make payment,may withhold funds otherwise payable and,if necessary,may demand
the return of some or all of the amounts previously paid to Contractor,if:
a)Any Claims are made against Contractor by the County or third parties,including Claims for liquidated damages
or if reasonable evidence indicates the probabilityof the making of any such Claim;
b)Any Claims are made against the County,the County’s property or any other party indemni?ed hereunder which
is or might be covered by Contractors Indemni?cation obligations under Section 12.2 below;
0)Contractor failsto pay Subcontractors or others in full and on—time;
d)Contractor fails to submit schedules,reports,or other information required under the Contract;
e)Contractor fails to diligently prosecute the Work and maintain progress to assure completion within the
Contract Time;
f)Contractor persistently fails to fully and timely perform the Work in accordancewith the Contract Documents;
g)Defective or nonconforming Work is not remedied;or
h)Contractor is in default of any other representation,warranty,covenant or performance obligation of this
Contract.
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4.6.2 If Claims or liens ?led against Contractor orproperty of the County connected with performance under this Contract
are not promptly removed by Contractor after receipt of written notice from the County to do so,the County may remov
esuchClaimsorliensandallcostsinconnectionwithsuchremovalshallbedeductedfromwithheldpaymentsor othe
rmoniesdue,or which may become due,to Contractor.If the amount of such withheld paymentsor other monies due
Contractor under the Contract is insuf?cient to meet such cost,or if any Claim or lien against Contractor is discharged by
the County after ?nal payment is made,Contractor and its surety or sureties shall promptly pay the County all costs
(including attorney‘s fees)incurredthereby regardless of when such Claim or lien arose.
4.7 Final Payment
4.7.1 Upon Contractor’s receipt of the Final Certi?catefor Payment,Contractormay submit a ?nal invoice providedthe
following has been completed or submitted with such ?nal invoice:
a)Complete all items applicable to the Work identi?ed in Paragraph 3.3.2;
b)Complete all Work listed on the punch listprepared in accordance with Paragraph 3.3.4;
0)Consent of Surety for ?nal payment and/or retainage;
d)Final Waiver and Release of Claim signed by Contractor;
e)Submittal of ?nal corrected as-built (record)Drawings;
0 Settlement of Liquidated Damages,as applicable;and
g)Settlement of liens and Claims,if any.
4.7.2 Acceptanceof Final Payment shall constitute a waiver of all Claims against the County by Contractor except for
those Claims previously made in writing against the County by Contractor,pending at the time of Final Payment,and
identi?ed in writing by Contractor as unsettled at the time of its request for Final Payment.
4.7.3 In the event Contractor fails to make a Request for Final Payment,or to resubmit a ?nal Applicationfor Payment
within ninety (90)days a?er being requested to do so,the County may deem any and all retained funds to be abandoned
property and shallgive notice of abandonment to Contractor.The County may set off against the ?nal payment any
amounts due to County from Contractor arising out of or under this or any other Contractor Contract betweenthem.
ARTICLE V CONTRACTOR RESPONSIBILITIES
5.1 Performance
5.1.1 Contractor warrants that,to the best of its knowledge,there is no pending or threatened action,proceeding,or
investigation,or any other legal or ?nancial condition,that would in any way prohibit,restrain,or diminish Contractor’s
ability to satisfy its contractual obligations hereunder.
5.1.2 Contractor shall perform no part of the Work at any time without adequate Contract Documents or,as appropriate,
approved Shop Drawings,Product Data or samples for such portion of the Work.If Contractor performs any portion of the
Work where Contractor knows or should know such Work involves a recognized error,inconsistency or omission in the
Contract Documents without notice to the Project Manager and the County,Contractor shall bear responsibility for such
performance and shall bear the cost of correction.
5.1.3 Contractor shall perform the Work strictly in accordancewith this Contract.
5.1.4 Contractor shall con?neits operationsto the Jobsite or such other land and areas identi?ed in and permittedby the
Contract Documents.Contractor shall assume full responsibilityfor any damage to any such land or area,to the County or
occupant thereof,or of any adjacent land or areas,resulting from the performance of the Work.Should any Claim be made by
any such owner or occupant because of the performanceof the Work,Contractor shall promptly settle with such other party
by negotiationor otherwise resolve the Claim by other dispute resolution proceedingor at law.Contractor shall,to the fullest
extent permitted by Applicable Law,indemnify and hold harmless the County,and its of?cers,directors,agents and
employees and anyone directlyor indirectly employedby them from and against Claims,costs,losses,and damagesarising out
of or resulting from any Claim or action,legal or equitable,brought by any such owner or occupant against the County or any
other party indemni?edhereunderto the extent caused by or based upon Contractor‘s or a Subcontractor’sperformanceof the
Work.
5.1.5 Contractor is solely and exclusively responsible for supervising all workers at the Jobsite.Contractor shall supervise
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and direct the Work using Contractor’s best skill,effort and attention.Contractor shall be responsible to the County for any
and all acts or omissionsof Contractor,its employees and others engaged in the Work on behalf of Contractor.
5.1L6 Contractor and the Work must comply with all Applicable Law and the requirements of any applicable grant
agreements.
5.2 Authorized Representative
5.2.1 Priorto commencing Work,Contractor shall designate in writing a competent,authorized representative(s)
acceptableto the County to represent and act for Contractor (“Authorized Representative”).Absent such written designation,
Contractor’s Jobsite superintendentshall be deemed Contractor's AuthorizedRepresentative and s/he shall be authorized to
receive and accept any and all communications from the County or the County’s Project Manager.All communication
sgiventotheAuthorizedRepresentativeshallbebindinguponContractor-An Authorized Representativemay be added,
removedor changed upon prior written notice given pursuant to Section 14.21 titled “Written Notice”.
5.2.2 At all times while performing the Workand Warranty Work,Contractor shall have one or more Authorized
Representatives present on the Jobsite.Such AuthorizedRepresentative shall be capable to effectively communicatewith
the County or the County’s Project Manager,execute and enforce applicableContract Documents and addressJobsite safety
and environmentalrequirements.
5.3 Environmental,Safety and Health
5.3.1 Safe..and Protection.Contractor shall be solely and exclusively responsiblefor conducting operations under this
Contract to avoid risk of harm to the health and safety of persons and property and for inspecting,supervisingand monitoring
all equipment,materials (whether in storage on or off the Jobsite),work practices and safety precautions (including but not
limited to adequate maintenanceof traf?c)used in the Work to ensure compliance with its obligations under this Contract.
Contractor shall provide or cause to be provided necessary training and furnishall safety construction equipment/tools,
including OSHA compliant and ANSI certi?ed personal protective equipment as appropriate and necessary for the
performance of the Work,to its subcontractors of every tier and enforce the use of such training and safety construction
equipment/tools.
5.3.2 Com liance.Contractor shall comply with all Applicable Laws bearing on the safety of persons or property,or
their protection from damage,injury or loss including compliance with applicablepermits,Project plans and approvals.To
the extent allowed by law,Contractor shall assume all responsibilityand liabilitywith respect to all matters regarding the
safety and health of its employees and the employees of Contractor’s subcontractors and suppliers of any tier,with respect
to the Work.
5.3.3 Sto Work Authorit .Notwithstanding the foregoing,the County reserves the right to direct Contractor to stop
Work and correct an unsafe condition at any time that any person present at the Jobsite identi?es any unsafe conditionor
action.For this purpose only,any person at the Jobsite is authorized to act on behalf of the County.
5.3 .4 Safe Re resentative.Prior to commencing Work,Contractor shall designate in writing a member(s)of its Jobsite
constructionteam as its Safety Representative.Such Safety Representativeshall be acceptable to the County and shall"have
responsibility for implementing all safety procedureS,including OSHA,responsibility for the prevention of accidents,
authority for monitoring safety of the Work,authority to correct unsafe conditions or acts by its employees or
Subcontractors,the ability to oversee compliance with and address environmental requirements,and coordinate with other
on—sitecontractors and subcontractors on safety and environmentalmatters required for the Work.In the absence of the
required written designation,this person shall be Contractor’sSuperintendent.
5.3.5 Safe Re ortin Re uirements.Contractor shall maintain accident and injury records as required by Applicable
Law.Such records will be made available to the County upon request.Contractor shall immediately report to the County
any death,injury or damage to property incurred or caused by Contractor’s employees and employees of Contractor’s
subcontractors and suppliers of any tier.
5.3.6 Dru Free Work lace.By signing this Contract,Contractor agrees to maintain a healthy and productive workforce
and safe working conditions thru compliance with the Drug-Free Workplace Act (Chapter 112,Florida State Statutes).
Contractor’s personnel shall not possess,use,manufacture,distribute or be under the influence of while on the Jobsite (or
any other location where the provisions of this Contract applies)alcoholic beverages and/or illegal drugs or any other “Drug”
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as such term is de?ned in the Drug-Free Workplace Act.
5.3.7 Occu ational Safe and Health Act OSHA .Contractor warrants that all materials,equipment,services,etc.,
delivered or provided to the County shall conform in all respects to the standardsset forth in the Occupational Safety and
Health Act (OSHA)of 1970 as amended and the failure to comply will be considereda breach of this Contract.Contractor
further certi?es that if material,equipment,service,etc.,delivered or provided to the County is subsequently found to be
de?cient in any OSHA requirement in effect on date of delivery or service ful?llment date,all costs necessary to bring the
material,equipment,service,etc.,into compliance with the aforementionedrequirements shall be borne by Contractor.
5.3.8 Toxic Substances/FederalHazard Communication “Ri ht to Know and Understand”Re ulations
The Federal “Right to Knowand Understand”Regulation (also known as the Hazard Communication /Globally
HarmonizedSystem of Classi?cation and Labeling of Chemicals (GHS)implementedby OSHA requires employers to
inform their employees of any toxic substances to which they may be exposed in the workplace,and to provide training in
safe chemical storage,labeling,handling practices and emergency procedures.
5 3.8.1 Accordingly,Contractor is required to provide completed Safety Data Sheets (SDS)for each hazardous substance
provided to the County under this Contract.This includes hazardoussubstancesthat are not directly included in the Contract
Documents,but are includedin the goods or services provided by Contractor to the County.The SDSfor each substance
must be sent to the County’s Project Manager and must also be sent to:
St.Johns County,a political subdivision of the State of Florida
500 San Sebastian View
St.Augustine,FL 32084
Attn:Risk Management
5.3.8.2 In the event that hazardous material is improperly handled or stored by Contractor,its subcontractors,any sub-
subcontractors,or any employee or agent of any of the aforementioned which results in contamination of the Jobsite,
Contractor shall immediately notify the County and the appropriate governmental authority and shall take whatever action
is necessary or desirable to remediate the contamination at Contractor’ssole cost and expense.Further,Contractor shall
indemnify and hold harmless the County from any and all cost,expense,action,or liability whatsoever resulting from such
contaminationand/or remedial activities.The indemnity provisions of this section shall survive the expiration or earlier
termination of this Contract.
ARTICLE VI PROJECT MANAGER
6.1 Project Manager Responsibilities
6.1.1 The County shall designate as its representative a Project Manager who shall be fully acquainted with the Project.
The Project Manager shall be the County’s representative from the Effective Date of this Contract until ?nal payment has
been made.The Project Manager shall be authorized to act on behalf of the County only to the extent provided in this
Article VI.
6.1.2 The County and Contractor shall communicate with each other in the ?rst instance through the Project Manager.
6.1.3 The Project Manager shall be the initial interpreter of the requirements of the Drawings and Speci?cations and the
judge of the performance there under by Contractor.The Project Manager shall render written or graphic interpretations
necessary for the proper execution or progress of the Work with reasonable promptness on request of Contractor.
6.1.4 The Project Manager shall review Contractor’s Applications for Payment and shall con?rm to the County for
payment to Contractor,those amounts then due to Contractor as provided in this Contract.
6.1.5 The Project Manager shall have authority to reject Work,which is defective or does not conform to the requirements
of this Contract.If theProject Manager deems it necessary or advisable,the Project Manager shall have authority to require
additionalinspection or testing of the Work for compliance with Contract requirements at Contractor’s expense.
6.1.6 The Project Manager shall review and accept,or take other appropriateaction as necessary,concerning Contractor’s
submittals including but not limited to Shop Drawings,Product Data and Samples.Such review,acceptance or other action
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shall be for the sole purpose of determining conformance with the design concept and information given through the
Contract Documents.
6.1.7 The Project Manager may authorize minor changes in the Work by ?eld order as provided elsewhere herein.The
Project Manager does not have authority to approve adjustments to the Contract Price or Contract Time.If at any time
Contractor believes that acts or omissions of the County constitutea change to the Work,Contractor shall submit a writte
nnoticeinaccordancewiththerequirementsofArticleIX.
6.1.8 The Project Manager shall,upon written request from Contractor,conduct inspections to determine the date of
Substantial Completion and the date of Final Completion,shall receive and forward to the County for the County’s review
and records,written warranties and related documents required by this Contract and shall issue a Final Certi?cate for
Payment upon compliance with the requirements of this Contract.
6.1.9 The Project Manager’s decision in matters relating to aesthetic effect shall be ?nal if consistent with the intent of
this Contract.
6.2 Field Orders
The Project Manager shall have authority to order minor changes in the Work not involving a change in the Contract Price
or Contract Time and not inconsistentwith the intent of this Contract.Such changes shall be affected by written ?eld order
and shall be binding upon Contractor.Contractdr shall carry out such ?eld orders promptly.
ARTICLE VII SUBCONTRACTORS
7.1 Award of Subcontracts
7.1.1 Contractor shall be responsible for all Workperformedunder the ContractDocuments.All persons engaged in the
Work of the Project are the responsibilityand under the control of Contractor.Contractor shall furnish the Project Manager,
in writing,the names of persons or entities proposed by Contractor to act as a Subcontractor on the Project.The Project
Manager shall promptly reply to Contractor,in writing,stating any objections the Project Manager may have to such
proposed Subcontractor.Contractor shall not enter into a Subcontractwith a proposedSubcontractor with reference to whom
the Project Manager has made a timely objection.
7.1.2 Contractor shall give personal attentionto ful?llment of the Contract and shall keep the Work under Contractor's
control.When any Subcontractor fails to execute a portion of the Work in a manner satisfactory to the County,Contractor
shall remove such Subcontractor immediately upon written request from the County,and the Subcontractor shall not again
be employed on the Project.The County will not entertain requests to arbitrate disputes among Subcontractors or between
Contractor and Subcontractor(s)concerning responsibility for performing any part of the Work.
ARTICLE VIII CONTRACT DISPUTES/CLAIMS
8.1 Contract Claims
8.1.1 If any diSpute between the County and Contractor arises under this Contract and such dispute cannot be resolved
by good faith negotiations at the ?eld level between the Project Managers of the Contractor and County,such dispute shall
be promptly escalated to the Senior Representatives of the Parties,upon request of either party,who shall meet as soon as
conveniently possible,but in no case later than fourteen (14)calendar days after such a request is made,to attempt to resolve
such dispute or disagreement.Five_(5)calendar days prior to any meetings between the Senior Representatives,the parties
will exchange relevant information that will assist the parties in resolving the dispute or disagreement.
8.1.1.1 The Senior Representative for the County shall be the Director,or designee,of the County’s Utility Department.
8.1.1.2 The Senior Representative for the Contractor shall be the supervisor of the Project Manager,or a principal of the
Contractor.
8.1.2 If after meeting,the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms
satisfactory to both parties,the Contractor s hall submit a Contract Claim as provided herein.
8.1.3 Prior to filing a Contract Claim,Contractor shall ?rst exhaust all remedies set forth in the Contract Documents.
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Claims arising from this Contract shall be ?led with the Purchasing Director within ?ve (5)business days of exhausting all
remedies set forth above.Pending ?nal resolution of a dispute or claim,unless otherwiseagreed in writing by both parties,
the Contractor is required to proceed with performance of the Work and maintain effective progress to complete the Work
within the Contract Time set forth herein.The Contract Claim shall include,at a minimum,the following:
a)The name and address of the Contractorand any legal counsel;and
b)The Contractor’s address to which the County’s rendered decisions shall be sent;and
0)Identi?cation,and a copy,of the ?nal adverse decision or document that is the subject of the Contract Claim and
any exhibits,evidence or documents which the Contractor deemsapplicable to the issues raised in the Claim;and
d)Identification of the administrativeremedies providedfor in the Contract that were pursued prior to the Claim and
the outcome;and
e)A statement of the grounds for each iSSueraiSedin the Contract Claim to be reviewedand the applicable provisions
of the Contract,as well as any applicable Laws,or other legal authorities which the Contractor deems applicable to
the Claim.
8.1.4 During the Purchasing Director’s review of the Contract Claim,the Purchasing Director may request additional
information from the project team of both parties.The parties must provide the requested information within the time period
set forth in the request.Failure of either party to timely comply may result in resolution of the Claim without consideration
of the requested information.
8.1.5 The Purchasing Director shall render a decisiononthe Contract Claim within twenty-one (21)calendar days of the
deadline for receipt of all requested information.The written decision of the Purchasing Director shall be sent to the
Contractor at the address provided in the Contract Claim,or as otherwise agreed to by the parties.
8.1.6 The decisionfor any Contract Claim by the Purchasing Director may be appealed by the Contractor to the County
Administrator.Contractor must submit their appeal to the County Administrator,including any and all information,
documentation,backup data,or other supplemental facts or?gures within ?ve (5)business days of receipt of the Purchasing
Director’s decision.Failure by the Contractor to submit an appeal within the prescribed timeframe shall be a waiver of a
right to appeal the rendered decision.The appeal shall include any and all information,documentation,and data relative to
the Contract Claim and subsequent appeal.The County Administrator shall rendera decision within thirty (30)calendar
days of receipt of all information.The County Administrator’s decision shall be considered?nal,unless Contractor takes
legal action in Circuit Court.-
ARTICLE IX CHANGES IN THE WORK
9.1 General
9.1.1 The County may,at any time,without invalidating this Contract and without notice to sureties,direct changes in
the Work within the general scope of this Contract,consisting of additions,deletions,revisions,or any combinationthereof,
by Change Order or by ?eld order.Contractor agrees to promptly comply with such orders and proceed with the Work,
which shall be performedunder the applicablerequirementsof the Contract Documents.Contract Time and Contract Price
will be adjusted,in accordancewith Sections 9.2 and 9.3 below,by written Change Order for changes which materially
increase or decrease the cost of or time for performance of the Work.
9.1.2 If at any time Contractor believes that acts or omissions of the County constitute a change to the Work,Contractor
shall submit a written notice to the Project Manager explainingin detail thebasis for the change request.Contractor’s written
notice must be furnished within ?ve (5)days of the commencement of the event giving rise to the claim or Contractor’s
knowledge of the claim,and the notice shall state the general nature and cause of the claim.Thereafter,within twenty (20)
days after the termination of the event giving rise to the claim or Contractor’s knowledge of the claim,Contractor shall
submit written notice of the extent of the claim with supportinginformation and documentationto the Project Manager and
County.IT IS EXPRESSLYAND SPECIFICALLYAGREEDTHATANY AND ALLCLAIMSFOR CHANGESTO THE CONTRAC
TTIMEORCONTRACTPRICESHALLBEWAIVEDIFNOTSUBMITTEDINSTRICTACCORDANCEWITH TH
EREQUIREMENTSOFTHISSECTION.Pending ?nal resolution of any such claimrequest,Contractor shall diligently proceed
with performance of this Contract regardless of any dispute concerning performance of the Work or the amount Contractor
is to be paid for such Work.
9.2 Changes in the Contract Time
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9.2.1 The Contract Time will be extended by Change Order in an amount equal to time lost on critical Work items due
to delays beyond the control of and through no fault or negligence of Contractor if a claim for an extension is submitted in
accordance with Section 9.1.2 above.
9.2.2 If Contractor is delayed in progressingany task which at the time of the delay is then critical or which during the
delay becomes critical,as a direct result of unusuallyadverse weather conditions not reasonably anticipated,or any other
causes beyond Contractor’s reasonable control and not attributableto Contractor or Contractor’s Subcontractor’sactions or
failure to act,then the date for achieving SubstantialCompletionof the Work may be extended for suchreasonable time as
the Project Manager may determine.An extensionof Contract Time shall be Contractor's sole and exclusive remedy for
delay unless the delay is solelycaused by fraud,bad faith or active interference on the part of the County or its representatives
.In no event shall Contractor be compensatedfor interimdelaysthat do not extendthe Contract Time.
9.2.3 Extensions to the Contract Time for delays caused by the effects of inclementweather shall be submitted as a request
for a change in the Contract Time pursuant to paragraph 9.1.2 above.Time extensions are justi?ed only when rain,other
inclement weather conditions,or related adverse soil conditionsresult in Contractor’s inability to work at least ?fty percent
(50%)of the normal workday on controlling items of Workidenti?ed on the accepted schedule or updates to that schedule.
9.2.4 Contractor shall,at no cost to the County,take all precautions necessary to secure the Project Jobsite from any
damage that may be caused by all threatened storm events,regardless of whether the County has given notice of same.
Compliance with any speci?c storm event precautions will net constitute additional work.Suspension of the Work caused
by a threatened or actual storm event,regardless of whetherthe County has directed such suspension,will entitle Contractor
to additional Contract Time only and shall not give rise to a claim for a change in the Contract Price.
9.3.2.5 Force Ma'eure Events
9.2.5.1 The Contractor shall not be held responsiblefor any delay or failure in performance of any part of this Contract to
the extent such delay or failure is caused by a Force Majeure Event,as de?ned herein,so long as the Contractor’s delay
is not caused by the Contractor’s own fault or negligence.Notwithstanding the foregoing,the Contractor cannot claim
Force Majeure for any emergency,exigency,or “act of God”that is already contemplated in the Work,or any other
performance by the Contractor,that is contemplated in this Contract,or that in any way existed or was reasonably
foreseeable or within the control of the Contractor at the time this Contract was executed.
9.2.5.2 In order to claim delay pursuant to this provision,Contractor must notify the County,in writing,within ?ve (5)
business days of the beginning of the Force Majeure Event,which Contractor claims caused the delay or failure by the
Contractor to perform under this Contract.
9.2.5.3 If Contractor’s delay or failure,caused by a Force Maj eure Event,extends beyond a period of thirty (3 0)calendar
days,from the beginning of the Force Majeure Event,the County shall have the right to terminate this Contract,in
accordance with the prOvisionsof this Contract,and shall only be liable to the Contractor for any Work performed and
validated (if required for payment hereunder)prior to the date of terminationof this Contract.
9.2.5.4 If the Contractor’s delay is con?rmed by the County to be caused by a Force Majeure Event,the County may,
upon written request of the Contractor,agree to equitably adjust the provisions of this Contract,including price,
performance,and completion time,as may be affected by such delay.However,it is expressly understood by the
Contractor that the County is not obligated to make any such adjustments to the provisions of this Contract,and shall do
so only if it serves the best interest of the County.This provision shall not be interpreted to limit the County’s right to
terminate for convenience.
9.3 Changes in the Contract Price
9.3.1 In connection with any claim by Contractor against the County for compensation in excess of the Contract Price,
any liability of the County for Contractor’s costs shall be strictly limited to direct costs incurred by Contractor and shall in
no event include indirect costs or consequential damages of Contractor.
9.3.2 Any change in the Contract Price resulting from a Change Order shall be determinedas follows:
a)By mutual acceptance of a lump sum increase or decrease in costs.Upon the Project Manager’s request,
Contractor shall furnish a detailed estimate of increased or decreased costs,together with cost breakdownsand
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other support data as the Project Manager may reasonably request.
b)By Unit Prices stated in the Contract Documents,or subsequently agreed upon payment.
0)By a manner or method mutually agreed by the County and Contractor.
9.3.3 If no mutual agreement occurs between the County and Contractor,then the change in the Contract Price,if any,
shall than be determinedby the Project Manager on the basis of the reasonableexpenditures or savings of those performing,
deleting or revising the Work attributableto the change,including,in the case of an increase or decrease in the Contract
Price,a reasonable allowance for direct job site overhead and pro?t.In such case,Contractor shall present,in such form
and with such content as the County or the Project Manager requires,an itemized accounting of such expenditures or savings
shall be limited to the following:reasonable costs of materials,supplies,or equipment including delivery costs,reasonable
costs of labor,including social security,unemployment insurance,fringe bene?ts required by a pre-existing Contract or by
custom,and workers’compensation insurance,reasonable costs of premiums for all bonds and insurance,permit fees,and
sales,use or other taxes paid by Contractor that are directly attributable to the changed Work.In no event shall any
expenditure or savings associated with Contractor’s home of?ce or other non-Jobsite overhead expenses be includedin any
change in the Contract Price.Pending ?nal determinationof reasonableexpenditures or savings to the County,payments
shall be made to Contractor based on the Project Manager’s recommendationfor payment.
9.3.4 Costs which will not be allowed or paid in Change Orders or other claims under this Contract include,but are not
limited to,the costs of preparing or reviewing change request/claimsor proposed Change Orders,change request/claim
consulting costs;lost revenues;lost pro?ts;lost income or earnings;interest cost of any type other than those mandated by
statute;reschedulingcosts;lost earnings;loss of other business;or the costs of Contractor representatives visiting the Jobsite
or participating in meetings with the County,The County shall not be liable to Contractor for claims of third parties,
including Subcontractors,unless and until liability of Contractor has been established therefore in a court of competent
jurisdiction.
9.3.5 In the event there is an unforeseeable increase to the cost of project materials during the course,of this Contract,
which exceeds twenty percent (20%),the Contractor must provide documentation demonstrating the original amount of the
quoted materials,the updated quote for materials,and two (2)or more additional quotes from alternate sources for the
materials demonstratingthe Contractor is providing the best value to the County.The County will review the information
provided in accordance with Article IX.
9.4 Acceptance of Change Orders
Contractor’s written acceptance of a Change Order shall constitute a ?nal and binding Contract toltheprovisions thereof
and a waiver of all claims in connection therewith,whether direct,indirect,or consequential in nature.
9.5 Notice to Sureties
Contractor shall notify and obtain the timely consent and approval of Contractor’s surety with reference to all Change Orders
if such notice,consent or approval is,required by Contractor’s surety or by law.Contractor represents and warrants to
County that Contractor is solely liable and responsible to so notify and obtain any such consent or approval.The Contractor
is to provide certi?cation from the surety that the amount of a change order has been incorporated into the bond to cover
the additional scope of work and/or cost associated with the Change Order.
9.6 Differing Site Conditions
If during the course of the Work,Contractor encounters (1)subsurface or concealed conditions at the Project's J obsite that
differ materially from those shown in the Contract Documents and frOm those ordinarily encountered and generally
recognized as inherent in work of the character called for in this Contract;or (2)unknown physical conditions of the
Project’s Jobsite,of an unusual nature,which differ materially from that ordinarily encounteredand generally recognized
as inherent in work of the character called for in this Contract,then Contractor,without disturbing the conditionsand before
performing any Work affected by such conditions,shall,within twenty-four (24)hours of their discovery,notify the Project
Manager in writing of the existence of the aforesaid conditions.The Project Manager shall,within two (2)business days
after receipt of Contractor’s written notice,investigate the site conditions identi?ed by Contractor.If,in the sole opinion of
the Project Manager,the conditions do materially so differ and cause an increase or decrease in Contractor’s cost of,or the
time required for,the performanceof any part of the Work,whether or not charged asa result of the conditions,the Project
Manager may recommend an equitable adjustment to the Contract Price,or the Contract Time,or both.If ProjectManager
and Contractor cannot agree on an adjustment in the Contract Price or Contract Time,the adjustment shall be referred to
the Purchasing Director for determination in accordance with the previsions of Paragraph 1.1.6.No request by Contractor
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for an equitable adjustment to this Contract under this provisionshall be allowed unless Contractor has given written notice
to the Project Manager in strict accordance with the provisions of this Article.No request for an equitable adjustment or
change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date
certi?ed by the Project Manager as the date of Substantial Completion.
The failure by Contractor to provide written notice as provided in this Paragraph 9.6 shall constitute a waiver by Contractor
of any Claim arising out of or relating to such concealed or unknown condition.
ARTICLE X UNCOVERING WORK,STOPPING WORK,
AND ACCEPTING DEFECTIVE OR NONCONFORMING WORK
10.1 Uncovering Work
10.1.1 No Work or portion of Work shall be covered until inspectedby the County as required by the Contract Documents.
If any of the Work is covered contrary to the request or direction of the County or the Project Manager or contrary to the
requirements of the Contract Documents,Contractor shall,upon written request,uncover it for the Project Manager’s
inspection and subsequently cover the Work in accordancewith the Contract Documents without adjustment to the Contract
Time orContract Price.The provisions and obligations set forth herein shall apply even if the County ultimately determine
s(after uncovering and inspection)that the underlying Work in question conforms to the requirements of the Contract
Documents.
10.1.2 Should the County wish to either (i)re-inspect a portion of the Work that has been covered by Contractor in
compliance with Paragraph 9.1.1,above,or (ii)inSpect a portion of the Work that has been covered by Contractor which is
not required by the Contract Documents to be observed or inspected prior to its being covered and which the County did
not speci?cally request to observe prior to its being covered,Contractor shall uncover the applicable portion of the Work
upon written request.If the County determines that the Work uncovered conforms to the requirements of the Contract
Documents,then the County will pay the costs of uncovering and replacement of the cover through a Change Order and
will adjust the Contract Time by Change Order if the uncovering and replacementWork extendsthe most current Substantial
Completion or Final Completion date,as applicable.If,however,the County determines that the Work uncovered does not
conform to the requirements of the Contract Documents,then Contractor shall pay the costs of uncovering and replacement
and shall not be entitled to an adjustment of the Contract Price.
10.2 Right to Stop Work
If the Work is defective,or Contractor fails to supply suf?cient skilled workers,suitablematerials,or equipment or fails to
furnish or perform the Work in such a way that the completedWork will conform to the Contract Documents,the County,
acting through the Project Manager,may order Contractor to stop the Work,or any portion thereof,until the cause for such
order has been eliminated.The County’5 right to stop Work,or any portion thereof,shallnot give rise to any duty on the part
of the County to exercise this right for the bene?t of Contractor or any other party.
10.3 County May Accept Defective or Nonconforming Work
If the County chooses to accept defective or nonconforming Work,the County may do so.In such events,the Contract
Price shall be reduced by the greater of (a)the reasonable cost of removing and correcting the defectiveor nonconforming
Work,and (b)the difference between the fair market value of the Work had it not been constructed in such manner as to
include defective or nonconforming Work.if the remaining portion of the unpaid Contract Price,if any,is insuf?cientto
compensate the County for its acceptance of defective or nonconforming Work,Contractor shall,pay the County such
remaining compensation for accepting defective or nonconforming Work.
ARTICLE XI CONTRACT SUSPENSION AND TERMINATION
11.1 Suspension
The County may,by written notice,order Contractor to suspend,delay or interrupt Work,in whole or in part,for a period
of time as the County may determine.If such suspension delays Contractor’s ability to meet the authorized Contract Time,
Contractor will be granted an extension of time as reasonably agreed by both parties.Contractor shall not be entitledto an
adjustment to the Contract Time to the extent that performance is,was or would have been so suspended,delayed or
interrupted by another cause,act or omission for which Contractor is responsible.Notwithstanding anything tothe contrary
in this Contract and,in the event any such suspension exceeds ninety (90)days,Contractor may,upon ten (10)days written
notice to the County,terminate performance under this Contract and recover from the County an equitable adjustment in
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11.2 Termination
11.2.1 The County may by written notice to Contractor terminatethe Work under this Contract in whole or in part at any
time for the County’s convenience or for the default of Contractor.
11.2.2 The County may terminate this Contract,in whole or in part,for its convenience upon thirty (30)calendar days
written notice to the-Contractor.If the terminationis for the convenience of the County,an equitable adjustment in the
compensation to be paid to the Contractor maybe made based upon the cost for completed Work,Work in progress,and
the substantiated,reasonable and actually incurred costs associated with termination,including demobilization costs and
amounts due in settlement of terminated contracts with Subcontractors.No amount shallbe allowed for anticipated pro?t
or unperfonned Work.
11.2.3 Contractor may terminate this Contract,for any reason up to sixty (60)calendar days written notice,provided that
any outstanding Work is completed by Contractor,or Contractor’s Subcontractors.Contractor further agrees to cooperate
fully and assist the County,upon request,in order to complete any Work under this Project.In such event,the County shall
compensate the Contractor as mutually agreed in writing for any such Work after termination.
11.2.4 The County may terminate this Contract,in whole or in part,for cause (or “default”).In the event of Contractor’
sdefault,the County shall issue a Notice of Default to the Contractor,articulating the items whichthe County ?nds to be in
default of the requirements of this Agreement.Contractor shall have ten (10)calendar days from receipt of the Notice of
Default to remedy de?ciencies or submit,in writing,an acceptable plan for remedying the de?ciencies identi?ed in said
notice.If Contractor fails to remedy such de?ciencies,or to submit an acceptable plan for remedying such de?ciencies,to
the satisfaction of the County within the stated time period,the County shall issue a Notice of Termination,and take over
and prosecute the Work to completion.In such case,Contractor shall be liableto the County for all reasonable additional
costs incurred by the County in completionof the Work.
11.2.5 Upon receipt of such termination notice Contractor shall immediately stop all Work and shall immediately cause
any and all of its Subcontractors and material suppliers at any tier,to immediately stop all work,leaving the construction
Site in a safe and secured condition.Contractor shall not be paid for any work performed or costs incurred after the
termination date that reasonably could have been avoided.The County may direct Contractor to assign Contractor’sright,
title and interest under terminated orders or subcontracts to its designee.
11.2.6 Contractor shall not remove from the constructionJobsite any materials,equipment,plant or tools that have been
paid for by County pursuant to this Contract.Contractor hereby grants the County a free and unimpeded right of access to
Contractor’s facilities,which shall survive any terminationof the Contract,for the purpose of permittingthe County to take
control of and remove any Work,including but not limited to any Work for which title has vested in the County.
11.2.7 For purposes of this Termination provision,Contractor shall be deemed in default if Contractor (1)persistently or
repeatedly refuses or fails to perform the Work in a timely manner,(2)fails to supply enough properly skilled Workers,
supervisory personnel or proper equipment or materials,(3)fails to make prompt payment to Subcontractors,or for materials
or labor,(4)becomes insolvent or becomes the subject of voluntary or involuntary bankruptcy proceedings,(5)persistently
disregards laws,ordinances,rules,regulations or orders of any public authority having jurisdiction,or (6)breaches or
violates a material provision of this Contract.If the termination is attributableto the default of Contractor,the County shall
have the right,without prejudice to any other right or remedy,to take possession of the construction Jobsite and of all
materials,equipment,tools,constructionequipment and machinery thereon owned by Contractor and may ?nish the Work
by whatever methods it may deem expedient.In such case,Contractor shall not be entitled to receive any further payment
until the Work is ?nished.
11.2.8 If the unpaid balance of the Contract Price less any liquidated damages due under this Contract,exceeds the cost of
finishing the Work,including compensation for the Project Manager‘s additional services and expenses made necessary
thereby,Contractor shall pay the difference to the County.This obligation for payment shall survive the termination of the
Contract.
11.2.9 If,after termination by the County for Contractor’s default,it is determined by a Court of competentjurisdiction
that Contractor was not in default,or that the delay was excusable,the rights and obligations of the parties,including
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Agenda Item #8.A.
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as provided under Paragraph 11.2.4 above.
ARTICLE XII WARRANTY AND INDEMNITY
12.1 Warranty
12.1.1 Contractor warrants and guarantees to the County that all labor furnished to progress the Work under this Contract
shall be competent to perform the tasks undertaken and that the product of such labor shall yield only ?rst-class results and
that all materials and equipmentfurnished under this Contract shall be of good quality,free from faults and defects and in
strict conformance with the Contract Documents.
12.1.2 Contractor warrants all materials,equipment and labor it furnishes or performs under this Contract against all
defects in design,materials and workmanship for a period of one year (or the period of time in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the Work,whichever is later)from
and after the date of Final Completion.Contractor shall within ten (10)Days after being noti?ed in writing by the County
of any defect in the Work or non-conformance of the Work (Warranty Work),commence and prosecute with due diligence
all Work necessary to ful?ll the terms of the warranty at its sole cost and expense.Contractor shall act sooner as requested
by the County in response to an emergency.In addition,Contractor shall,at its sole cost and expense,repair and replace
any portions of the Work (or work of other contractors)damaged by its Warranty Work or which becomes damaged in the
course of repairing or replacing Warranty Work.For any Work so corrected,Contractor's obligation hereunder to correct
Warranty Work shall be reinstated for an additional one-year period,commencing with the date of acceptance of such
corrected Work.
12.1.3 Contractor shall perform such tests as the County may require to verify that any corrective actions,including,
without limitation,redesign,repairs,and replacements comply with the requirements of the Contract Documents.All costs
associated with such corrective actions and testing,including the removal,replacement,and reinstitutionof equipment and
materials necessary to gain access,shall be the sole responsibilityof Contractor.
12.1.4 All warrantiesand guarantees of subcontractors,suppliers and manufacturers with respect to any portion of the
Work,whether express or implied,are deemed to be obtained by Contractor for the bene?t of the County,regardless of
whether or not such warranties and guarantees have been transferred or assigned to the County by separate Contract and
Contractor agrees to enforce such warranties and guarantees,if necessary,on behalf of the County.
12.1.5 In the event that Contractor fails to perform its obligations under this Warranty Section,or under any other warranty
or guaranty under this Contract,to the reasonable satisfaction of the County,the County shall have the right to correct and
replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction
thereof at Contractor's sole expense.Contractor shall be obligated to fully reimburse the County for any expenses incurred
hereunder upon demand.
12.1.6 Failure on the part of the County to reject defective,non-conforming or unauthorized Work shall not release
Contractor from its contractual obligations,be construed to mean acceptance of such Work or material by the County,or,
after Final Completion,bar the County from recovering damages or obtaining such other remedies as may be permitted by
law.
12.1.7 No adjustment in the Contract Time or Contract Price will be allowed because of delays in the performanceof the
Work as a result of correcting defective,non-conforming or unauthorized Work.
12.1.8 County and Contractor agree that the provisions of Florida Statute Chapter 558 shall not apply to this Contract.
12.2 Indemnity
12.2.1 Contractor shall indemnify and hold harmless the County and its officers and employees (“Indemni?ed Party”),
from liabilities,damages,losses and costs,including,but not limited to,reasonable attorney’s fees,to the extent caused by
the negligence,recklessness,or intentional wrongful misconduct of Contractor and persons employed or utilized by
Contractor in the performance of this Contract.
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12.2.2 To the extent permitted by,and in accordance with Section 725.06 of the Florida Statues,Contractor further agrees
that “damages,losses and costs”,includes ?nes,citations,court judgments,insurance claims,restoration costs or other
liability,to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of Contractor and persons
employed or utilized by Contractor in the performance of this Contract.
12.2.3 To the extent permitted by,and in accordance with Section 725.06 of the Florida Statues,for purposes of indemnity,
the “persons employed or utilized by Contractor”shall be construed to include,but not be limited to,Contractor,its staff,
employees,subcontractors,all deliverers,suppliers,fumishers of materials or services or anyone acting for,on behalf of,or
at the request of Contractor.
12.2.4 In Claims against any person or entity indemni?ed hereunder by an employee of Contractor,any Subcontractor,or
subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the
indemni?cation obligation under this Section 11.2 shall not be limited by a limitation on the amount or type of damages,
compensation or bene?ts payable by or for Contractor or any Subcontractor or subcontractor under any workers’
compensation acts,disability bene?ts acts or other employee bene?t acts.
12.2.5 Contractor’s indemnity and hold harmless obligations hereunder shall extend to all Claims against the County by
any third party or third-party bene?ciary of this Contract and all liabilities,damages,losses and costs related thereto.
12.2.6 This indemni?cation will not be valid in the instance where the loss is caused by the gross negligence,or willful,
wanton or intentional misconduct of any Indemni?ed Party.
12.2.7 If any provision(s),or portion(s)of a provision(s)of this Section,or the application thereof to any person or
circumstance shall,to any extent,be held to be invalid,illegal or unenforceable for any reason whatsoever,the validity,
legality and enforceability of the remaining provisionCs),or part of the provision(s),shall not in any way be affected or
impaired thereby;and shall be interpreted to the fullest extent possible to be enforceable and to give effect to the intent
manifested by the provision(s),or portion(s)thereof,held invalid,illegal or unenforceable.
12.2.8 Contractor shall further indemnify and hold harmless the County its of?cers and employees from and against all
Claims arising out of any infringement of patent rights or copyrights incident to the use in the performanceof the Work or
resultingfrom the incorporationin the Work of any invention,design,process,product,or device not speci?ed in the Contract
Documents and shall defend such Claims in connectionwith any alleged infringement of such rights.
12.2.9 The indemni?cation provisions of this Section 12.2 shall survive expiration or earlier terminationofthis Contract.
ARTICLE XIII INSURANCE AND BONDS
13.1 Contractor’s Insurance Requirements
13.1.1 All insurance policies shall be satisfactory to the County and be issued by companies authorizedand duly licensed
to transact business in the State of Florida.Contractor shall furnishproof of insurance to the County prior to execution of
this Contract.No Work shall commence under this Contract until Contractor has obtained all insurance coverages
required under this section.Certificates of insurance shall clearly indicate Contractor has obtained insurance of the type,
amount,and classi?cation as required by this Contract.Required insurance coverage shall be maintained in force,
including coverage for Additional Insureds,until Final Completion of all Work including Warranty Work.
13.1.2 No less than ten (10)days written notice shall be providedto the County prior to cancellation,non—renewalor any
material change of required insurance policies.Yearly renewal certi?cates shall be provided to the County within thirty (30)
days of expiration of the current policy.
13.1.3 The types and amounts of insurance required under this Contract do not in any way limit the liability of Contractor
including under any warranty or indemnity provision of this Contract or any other obligation whatsoever Contractor may
have to the County or others.Nothing in this Contract limits Contractor to the minimum required insurance coverages
found in this Article XIII.
13.2 Additional Insured Endorsements and Certi?cate Holder
The term “Additional Insured”,as used in this Contract,shall mean St.John’s County,its elected of?cials,officers,
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employees,agents and representatives.Certi?cates of insurance shall speci?cally name each Additional Insured for all
policies of insurance except Workers’Compensation and Professional Liability.A copy of the endorsementshowing
the required coverages must accompany the certi?cate of insurance.
Certi?cate Holder Address:St.Johns County,a political subdivision of the State of Florida
500 San Sebastian View
St.Augustine,FL 32084
Attn:Purchasing Department
13.3 Workers Compensation
Contractor shall procure and maintain during the life of this Contract,adequate Workers’Compensation Insurance in at
least such amounts as is required by law for all of its employees per Florida Statute 440.02.
13.4 Commercial General Liability
Contractor shall procure and maintain during the life of this Contract,Commercial General Liability Insurance with
minimum limits of $1,000,000 per occurrence,$2,000,000 aggregate,including bodily injury (including wrongful death),
property damage,products,personal &advertising injury,and completed operations.This insurance must provide coverage
for all Claims that may arise from the services and/or operations completed under this Contract,whether such services or
operations are by Contractor or anyone directly or indirectly employed by them.Such insurance(s)shall also be primary
and non—contributorywith regard to insurance carried by the AdditionalInsureds.
13.5 Commercial Automobile Liability
Contractor shall procure and maintain during the life of this Contract,Commercial AutomobileLiability Insurance with
minimum limits of $2,000,000 combined single limit for bodily injury and property damage liability and insuring liability
arising out of or in any way related directly or indirectly to the ownership,maintenance or use of any owned,non—OWnedor
rented/hired automobiles.
13.6 Additional Coverages
ONLY THE SUBSECTIONS CORRESPONDING TO ANY CHECKED BOX IN THIS PARAGRAPH 13.6 WILL
APPLY TO THIS CONTRACT.
13.6.1 III Professional Liabili .
13.6.1.1 Contractor shall procure and maintain,during the life of this Contract,Professional Liability or Errors and
Omissions Insurance with minimum limits of $1,000,000 with 10-year tail coverage starting upon Final Completion.
Contractor’s professional liability policy should not have an exclusion for environmental compliance management or
construction management professionals.
13.6.1.2 In the event that Contractor employs professional engineering or land surveyor services for performing ?eld
engineering or preparing design calculations,plans,and speci?cations,Contractor shall require the retained engineers and
land surveyors to carry professional liability insurance with limits not lessthan $1,000,000 each claim with respect to
negligent acts,errors,or omissions in connectionwith professionalservicesto be providedunder this Contract.
13.6.2 C Builders Risk.
13.6.2.1 Contractor shall procure and maintain Builder’s Risk (“all risk”)insurance on a replacement cost basis.The
amount of coverage shall be equal to the full replacement cost on a completed value basis,including periodic increases or
decreases in values through change orders.
13.6.2.2 The Builder’s Risk policy shall identify the County as the sole loss payee.The policy shall name as insured the
County,Contractor and its subcontractors of every tier.Each insured shall waive all rights of subrogation against each of
the other insured to the extent that the loss is covered by the Builder's Risk Insurance.The Builder's Risk policy shall be
primary and any self-insurancemaintained by the County in not contributory.The Builder's Risk policy shallnot includea
co-insurance clause.This coverage shall not be lapsed or cancelled because of partial occupancy by the County prior to
Final Completion of the Work.
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13.6.2.3 The Builder‘sRisk insurance shall:
a.insure against at least the following perils or causes of loss:?re;lightning;Windstorm;riot;civil
commotion;terrorism;vehicle impact;aircraft;smoke;the?;vandalism and malicious mischief;
mechanical breakdown,boiler explosion,and arti?cially generated electric current;earthquake;volcanic
activity,and other earth movement;?ood;collapse;explosion;debris removal including demolitionas may
be reasonably necessary;and water damage (other than that caused by ?ood).
b.cover,as insured property,at least the following:(i)the Work and all appurtenances,materials,supplies,
?xtures,machinery,apparatus,equipment and other property of a similar nature that are to be incorporated
into or used in the preparation,fabrication,construction,erection,or completion of the Work including
County furnished or assigned property;(ii)spare parts inventory required within the scope of the Contract;
and (iii)temporary works which are not intended to form part of the permanent constructedWork but which
are intendedto provide working access to the Jobsite,or to the Work under construction,or which are
intendedto provide temporary support for the Work under construction,including scaffolding,form work,
fences,shoring,falsework,and temporary structures.
c.extend to cover damage or loss to insured property (i)while in transit;and (ii)while in temporary storage
at the Jobsite or in a storage locationoutside the Jobsite (but not including property stored at the premises
of a manufacturer or supplier).
d.include (i)performance/start—upand hot testing;(ii)soft costs (e.g.design and engineering fees,code
updates,permits,bonds,insurances,and inspection costs);and (iii)costs of funding or ?nancing when a
covered risk causes delay in completing the Work.
13.6.4 The Builder's Risk Insurance may have a deductible clause.Contractor shall be responsible for paying any and all
deductible costs.Notwithstandinganything to the contrary set forth above,the deductible for coverage of all perils and
causes of loss enumerated in subparagraph 13.6.2.3 above shall not exceed $250,000.
13.7 Other Requirements
13.7.1 The required insurance limits identi?ed in Sections 13.4,13.5,and 13.6 above may be satis?ed by a combination
of a primary policy and/or Umbrella or Excess Liability Insurance policy.Contractor shall require each lower-tier
subcontractor to comply with all insurance requirements appropriate for its scope of work,and any de?ciency shall not
relieve Contractor of its responsibility herein.Upon written request,Contractor shall provide County with copies of lower-
tier subcontractor certi?cates of insurance.
13.7.2 Providing and maintaining adequate insurance coverage is a material obligation of Contractor.County has no
obligation or duty to advise Contractor of any non-compliance with the insurance requirements containedin this Section.If
Contractor fails to obtain and maintain all of the insurance coverages required herein,Contractor shall indemnify and hold.
harmless the AdditionalInsureds from and against any and all Claims that would have been covered by such insurance had
Contractor complied with its obligations herein.
13.7.3 County reserves the right to adjust the above minimum insurance requirements or require additional insurance
coverages to address other insurable hazards.
13.8 Payment and Performance Bonds
Contractor shall execute,furnish the County with,and record in the public records of St.John’s County,a Payment and
Performance Bond in accordance with the provisions of Sections 255.05 and 287.0935 Florida Statutes,in an amount no
less than the Contract Price.Such Payment and Performance Bond shall be conditionedupon the successful completion of
all work,labor,services,equipment and materials to be provided and furnished hereunder,and the payment of all
subcontractors,materialmen,and laborers.Said bond shall be subject to the approval of the Board of County Commissioners
of St.John’s County,Florida.In accordance with Section 255.05,F.S.,the County may not make a payment to Contractor
until Contractor has provided the County a certi?ed copy of the recorded bond.
ARTICLE XIV MISCELLANEOUS
14.1 Independent Contractor
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Contractor represents that it is fully experienced and properly quali?ed,licensed,equipped,organized,and ?nanced to
perform the Work under this Contract.Contractor shall act as an independent contractor and not as an agent in performing
this Contract and shall maintain complete control over its employees and all of its Subcontractors and suppliers of any tier,
Nothing contained in this Contract or any lOWer-tiersubcontract or purchase order awarded by Contractor shall create any
contractual relationship between any such subcontractoror supplier and the County.Contractor shall perform all Work in
accordance with the requirements of this Contractand in accordance with its own methods subject to compliance with this
Contract.
14.2 Examination of Contractor’s Records
The County or its authorized representative shall,until the expiration of ?ve (5)years a?er ?nal payment under this
Contract,have access to,and the right to examine any directly pertinent books,documents,papers and records of Contractor
involving transactions relating to this Contract,and to make copies,excerpts and transcriptionsthereof.If any such
examination reveals that Contractor has overstated any component of the Contract Price,Change Order,Claim,or any other
County payment obligation arising out of this Contract,then Contractor shall,at the election of the County,either
immediately reimburse to the County or offset against payments otherwisedue Contractor,the overstated amount plus
interest.The foregoing remedy shall be in addition to any other rights or remedies the County may have.
14.3 Backcharges
14.3.1 Upon the County’s noti?cation to undertakeor complete unperformed Work such as cleanup or to correct defective
or non-conforming services,equipment,or material (Backcharge Work),if Contractor states or by its actionsindicates it is
unable or is unwilling to immediately proceed and/or complete the Backcharge Work in an agreed time;the County may
perform such Backcharge Work by the most expeditious means available and backcharge Contractor for any and all costs
thereby incurred by the County.
14.3.2 The County shall separately invoice or deduct and retain from payments otherwisedue to Contractor the costs for
Backcharge Work.The County’s right to backcharge is in addition to any and all other rights and remedies provided in this
Contract or by law.The County’s performance of the Backcharge Work shall not relieve Contractor of any of its
responsibilities under this Contract and Contractor shall be responsible for the Backcharge Work as if it were its own.
14.4 Applicable Laws
Contractor and the Work must comply with all Applicable Laws and the requirements of any applicable grant agreements.
14.5 Governing Law&Venue
The Contract shall be governed by the laws of the State of Florida.Venue for any administrativeand/or legal action arising
under the Contract shall be St.Johns County,Florida.
14.6 Assignment
Contractor shall not sell,assign or transfer any of its rights,duties or obligations under the Contract,or under any Change
Order issued pursuant to the Contract or make an assignment or transfer of any amounts payable to Contractor under the
Contract,without the prior written consent of the County.In the event of any assignment,Contractor remains secondarily
liable for performance of the Contract,unless the County expressly waives such secondary liability.The County may assign
the Contract with prior written notice to Contractor of its intent to do so.This Contract may be assumed by and shall inure
to the bene?t of the County's successors and assigns without the consent of Contractor.
14.7 Severability
If a court deems any provision of the Contract void,invalid or unenforceable,that provision shall be enforced only to the
extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force
and effect.
14.8 Section Headings
The section and other headings contained in this Contract are for reference purposes only and shall not affect the meaning
or interpretation of this Contract.
14.9 Disclaimer of Third-Party Bene?ciaries
Page 27 of 34SJC(MCA-TO)2022,REvs (05.02.2024)
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This Contract is solely for the bene?t of County and Contractor and no right or cause of action shall accrue to or for the
bene?t of any third party not a formal party hereto.Nothing in this Contract,expressed or implied,is intended or shall be
construed to confer upon or give any person or entity other than County and Contractor,any right,remedy,or Claim under
or by reason of this Contract or any provisions or conditions hereof;and all of the provisions,representations,covenants
and conditions herein containedshall inure to the sole bene?t of and shall be binding upon County and Contractor.
14.10 Waiver;Course of Dealing
The delay or failure by the County to exercise or enforce any of its rights or remedies under this Contract shall not constitute
or be deemed a waiver of the County’s right thereafter to enforce those rights or remedies,nor shall any single or partial
exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or
remedy.The conduct of the parties to this Contract after the Effective Date shall not be deemed a waiver or modi?cation of
this Contract.
14.11 No Waiver of Sovereign Immunity
Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which
sovereignimmunity may be applicable or of any rights or limits to liability existing under Section 768.28,Florida Statutes.
This section shall survive the termination of all performance and obligations under this Contract and shall be fully binding
until such time as any proceeding brought on account of this Contract is barred by any applicable statute of limitations.
14.12 Execution in Counterparts
This Contract may be executed in counterparts,each of which shall be an original document,and all of which together shall
constitute a single instrument.The parties may deliver executedcounterparts by e-mail transmission,which shall be binding.
In the event this Contract is executed through a County-approved electronic signature or online digital signature service
(such as DocuSign),such execution shall be valid,effective and binding upon the party so executing.Execution and delivery
of an executed counterpart of this Contract and/or a signature page of this Contract by electronic image scan transmission
(such as a "pdf"?le)or through a County approved electronic signature service will be valid and effective as delivery of a
manually executed cOunterpart of this Contract.
14.13 Entire Contract
This Contract for the Work,comprisedof the Contract Documents enumerated herein,constitutes the entire Contract between
the Parties relating to the subject matter hereof and supersedes all prior or contemporaneous Contracts,negotiations,
discussions and understandings,oral or written.This Contract may not be amended or modi?ed except in writing,as provided
herein and signed by authorizedrepresentatives of both parties.
14.14 Survival
The provisions of the Contract Documents which by their nature survive termination of the Contract,including without
limitation all warranties,indemnities,insurance,payment obligations,and the County's right to audit Contractor‘s books
and records,shall in all cases survive the expiration or earliertermination of this Contract.
14.15 Employment Eligibility and Mandatory Use of E-Verify
As a condition precedent to entering into this Contract,and in accordance with section 448.095,F.S.,Contractor and its
subcontractors shall register with and use the E—Verifysystem to verify the work authorization status of all employees hired
on or after July 1,2023.
a.Contractor shall require each of its subcontractors to provide Contractor with an af?davit stating that the subcontractor
does not employ,contract with,or subcontract with an unauthorized alien.Contractor shall maintaina copy of such
af?davit for the duration of this Contract.
b.The County,Contractor,or any subcontractor who has a good faith belief that a person or entity with which it is
contractng has knowingly violated section 448.090),F.S.or these provisions regarding employment eligibility shall
terminate the contract with the person or entity.
0.The County,upon good faith belief that a subcontractor knowingly violated these provisions regarding employment
eligibility,but Contractor otherwise complied,shall promptly notify Contractor and Contractor shall immediately
terminate the contract with the subcontractor.
SJC (MCA-TO]2022.REVS (05.02.2024)Page 28 of34
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d.The Contractor acknowledges that,in the event that the County terminates this Contract for Contractor’s breach of
these provisions regarding employment eligibility,then Contractor may not be awarded a public contract for at least
one (1)year after such termination.Contractor further acknowledges that Contractor is liable for any additional costs
incurred by the County as a result of the County’s terminationof this Contract for breach of these provisions regarding
employment eligibility.
14.16 Equal Employment Opportunity
During the performance of this Contract,Contractor agrees as follows:
14.16.1 Contractor will not discriminateagainst any employee or applicant for employment because of race,color,religion,
disability,age,sex (including sexual orientationand gender identity/expression),national origin (including limited English
pro?ciency),marital status,or familial status.Contractorwill take af?rmative action to ensure that applicants and employees
are treated during employment without regard to their race,color,religion,disability,sex,age,national origin,ancestry,
marital status,sexual orientation,gender identity or expression,familial status,genetic information or political af?liation.
Such action shall include,but not be limited to,the following:employment,upgrading,demotion or transfer,recruitment or
recruitment advertisement,layoff or termination,rates of pay or other forms of compensation,and selection for training,
including apprenticeship.Contractor agrees to post in conspicuous places,available to employees and applicants for
employment,notices setting forth the provisions of this non-discriminationclause.
14.162 Contractor will,in all solicitationsor advertisementsfor employees placed for,by,or on behalf of Contractor,state
that all quali?ed applicants will receive considerationfor employment without regard to race,color,religion,disability,sex,
age,national origin,ancestry,marital status,sexual orientation,gender identity or expression,familial status,or genetic
information.
14.163 Contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about,discussed,or disclosed the compensation of the
employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee
who has access to the compensationinformation of other employees or applicants as a part of such employee’s essential job
functions discloses the compensationof such other employees or applicants to individualswho do not otherwise have access
to such information,unless such disclosureis in response to a formal complaint or charge,in furtherance of an investigation,
proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with Contractor’s
legal duty to furnish information.
14.164 Contractor will send to each labor union or representativesof workers with which it has a collective bargaining
Contract or other contract or understanding,a notice to be provided by the County,advising the labor union or workers‘
representative of Contractor's commitments under Section 202 of Executive Order 11246 of September 24,1965,and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
14.16.5 Contractor will comply with all provisions of Executive Order 11246 of September 24,1965,and of the rules,
regulations,and relevant orders of the Secretary of Labor.
14.166 Contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965,and
by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to its books,
records,and accounts by the County and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules,regulations,and orders.
14.16.7 In the event of Contractor's noncompliance with the nondiscriminationclauses of this Contract or with any of such
rules,regulations,or orders,this Contract may be cancelled,terminated or suspended in whole or in part and Contractor
may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of
September 24,1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246
of September 24,1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law.
14.168 Contractor will include the provisions of paragraphs 14.16.l through 14.16.7 in every subcontract or purchase order
unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order
11246 of September 24,1965,so that such provisions will be binding upon each subcontractor or vendor.Contractor will
take such action with respect to any subcontractor or vendor as may be directed to the Secretary of Labor as a means of
SJC (MCA-TO)2022,REV6 (05.02.2024)Page 29 of34
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enforcing such provisions including sanctions for noncompliance:Provided,however,that in the event Contractor becomes
,involved in,or is threatened with,litigation with a subcontractor or Vendor as a result of such direction,Contractor may
request the United States to enter into such litigation to protect the interest of the United States.
14.17 Public Records
l4.l7.l Contractor shall comply and shall require all of its Subcontractors to comply with the State of Florida’s Public
Records Statute (Chapter 119),speci?cally to:
(1)Keep and maintain public records that ordinarily and necessarily would be required by the County in order to
perform the Services;
(2)Upon request from the County’s custodian of public records,provide the County with a copy of the requested
records or allow the records to be impacted or copied within a reasonabletime at a cost that does not exceed the cost as
provided in Chapter 119,Florida Statutes,or as otherwiseprovided by Applicable Law;
(3)Ensure that public records related to this Contract that are exempt or con?dential and exempt from public records
disclosure requirements are not disclosed except as authorized by ApplicableLaw for the durationof this Contractand
following expiration of this Contract,or earlier terminationthereof,if Contractor does nottransfer the records to the
County;and
(4)Upon completion of this Contract,or earlier termination thereof,transfer,at no cost,to the County all public records
in possession of Contractor or keep and maintain for inSpectionand copying all public records required by theCounty
to perform the Work.
14.172 If Contractor,upon expiration of this Contract or earlier termination thereof i)transfers all public records to the
County,Contractor shall destroy any duplicate public records that are exempt or con?dential and exempt from public records
disclosure requirements;and ii)keeps and maintains public records,Contractor shall meet all Applicable Law and
requirements for retaining public records.All records stored electronically must be provided to the County,upon request
from the County’s custodian of public records,in a format that is compatible with the County’s information technology
systems.
14.173 Failure by Contractor to comply with the requirements of this section shall be grounds for immediate,unilatera
lterminationofthisContractbytheCounty..
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119,FLORIDA STATUTES,TO ITS DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:(904)209-0805,PUBLICRECORDS@SJCFL.US 500 SAN
SEBASTIAN VIEW ST.AUGUSTINE FLORIDA 32084
14.18 Anti-Bribery
Contractor and its Subcontractors shall at all times during the term of this Contract comply with all anti-bribery and
corruption laws that are applicable to the performance of this Contract.Contractor represents that it has not,directly or
indirectly,taken any action which would cause it to be in violation of Chapter 838 of the Florida Statutes.Contractor shall
immediately notify the County of any violation (or alleged violation)of this provision.
14.19 Convicted and Discriminatory Vendor Lists,and Scrutinized Companies
14.19.1 Contractor warrants that neither it nor any Subcontractor is currently on the convicted vendor list or the
discriminatory vendor list maintained pursuant to Sections 287.133 and 287.134 of the Florida Statutes,or on any similar
list maintained by any other state or the federal government.Contractor shall immediately notify the County in writing if
its ability to perform is compromised in any manner during the term of the Contract.
14.192 Section 287.135 of the Florida Statutes prohibits agencies from contracting with companies for goods or services
that are on the Scrutinized Companies that Boycott Israel List,or with companies that are engaged in a boycott of Israel,
and from contracting with companies for goods or services of $1,000,000 or more that are on the Scrutinized Companies
SJC (MCA-TO)2022,REV6 (05.02.2024)Page 30 of 34
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with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or are
engaged in business operations in Cuba or Syria.The lists are created pursuant to §215.473 and §215.4725,F.S.By
executionof this Contract,Contractor certi?es that it is not listed on the ScrutinizedCompanies that Boycott Israel List,
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companieswith Activities in the Iran Petroleum
Energy Sector List,and is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria,and
understands that pursuant to §287.135,PS,the submissionof a false certi?cation may subject Contractor to civil penalties,
attorney’s fees,and/or costs.In accordance with §287.135,F .S.,the County may terminate this Contract if a false
certi?cation has been made,or the Contractor is subsequently placed onany of these lists,or engages in a boycott of Israel
or is engaged in business operations in Cuba or Syria.
14.20 Compliance with Florida Statute 287.138
14.201 Pursuant to 287.138 F.S.,effective July 1,2023,the County may not enter into contracts which grants the Contractor
access to personal identi?able information if:1)the Contractor is ownedby the government of a Foreign Country of Concern
(as de?ned by the statute:(b)the government of a Foreign Country of Concern has a controlling interest in the entity;or (c)
the Contractor is organized under the law of or has its principal place of business in a Foreign Country of Concern.The
County shall be entitled to immediately terminate this Agreement with liabilityto ensure the County’s continued compliance
with the statute.
14220.2Pursuant to 287.138F.S.,effective January 1,2024,if Contractor may access,receive,transmit,or maintain personal
identi?able information under this Agreement,Contractor must submit a Foreign Entity Af?davit to the County.
Additionally,effective July 1,2025,Contractor shall submit a Foreign Entity Af?davit to the County prior to any renewals
of this Agreement.Failure or refusal to submit a Foreign Entity Af?davit shall be cause for immediate termination of this
Agreement by the County.
14.21 Written Notice
Any and all notices,requests,consents,approvals,demands,determinations,instructions,and other forms of written
communicationunder this Contract shall be validly given when deliveredas follows:
i.Hand delivered to Contractor’s Authorized Representative or hand delivered during normal business hours and
addressed as shown below,or
ii.Delivered by US.Mail,electronic mail or commercial express carrier,(postage prepaid,delivery receipt
requested),to the following addresses:
St.Johns County Atlantic Coast Sales &Service,Inc.
500 San Sebastian View dba Atlantic Coast Construction Group
St.Augustine,FL 32084 5909 St.AugustineRoad,Suite 2
Attn:Bryan Matus Jacksonville,FL 32207
Email Address:bmatus@,sic?.us Attn:Bradley K.Clark,President
Email Address:estimates atlcoastcr
Witha copy to:
St.Johns County
Of?ce of the County Attorney
500 San Sebastian View
St.Augustine,FL 32084
Email Address:jferguson@sjc?.us
Notices shall be deemed to have been given on the date of delivery to the location listed above without regard to actual
receipt by the named addressee.County and Contractor may each change the above addresses at any time upon prior written
notice to the other party.
******************
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STIJOHNSCOUNT
YOCT;2n 2025
PURCHASIN
The authorizedrepresentatives hereto have executed this Contract effective as of the Effective Date.Contractor’s
authorized representative executing this Contract represents that he or she is duly authorized to execute this Contract on
behalfof Contractor.
County:Contractor:
Atlantic Coast Sales &Service,Inc.D.B.A.
St.Johns Coun Sea]Atlantic Coast Construction Grou Seal
(Typed N e)(Typed Na e)
By .By:
(Sign ture 'thorize epresentative)(Signature of Au orized Representative)
Jaime Locklear Bradle K.Clark
(Printed Name)(Printed Name)
Purchasin Director
(Title)
(Q "*
(Date )f Execution)
ATTEST:
St.Johns County,FL
Cler (f C rcuit Co rt omptroller
By:'
(Deputy ierk)
D S“
(Date of E ecuti n)
Legally Su nt:
?of County Attorney)
(423/2;
(Date of Execution)
(Title)
October 17 2025
(Date of Execution)
SK‘(u\-K‘.-\-'|'0)207'1.Rl-IVn(lIS.(ll.2(L.~I)
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.._l )1 l
Agenda Item #8.A.
22 Jun 2026
Page 72 of 160
The undersigned Contractor hereby swears under penalty of perjury that:
1.Contractor has paid all Subcontractors all undisputed contract obligations for labor,services,or materials
provided on this Project within the time period set forth in Sections 218.73 and 218.735,Florida Statutes,as
applicable.
2.The following Subcontractors have not been paid because of disputed contractual obligations;a copy of the
noti?cation sent to each,explaining the good cause why payment has not been made,is attached to this form:
,StihcontractorNameandAddress?"Dateo'?DiS‘utediliivbice AmountiniDis?iiu-te.
Contract No.
Project Title:
FORM 1
CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS
Contractor’s Authorized Representative executing this Certification of Payments to Subcontractors represents
that he or she is duly authorized to execute this Certi?cate,or if executing on behalf of another,is authorized to
do so and that such Authorized Representative is legally bound.
Dated ,20 Contractor
By:
(Signature)
By:
(Name and Title)
STATE OF )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me,by means of D physical presence or E!online
notarization,this day of 20_,by ,
who is personally known to me or who has produced as identi?cationand who
did (did not)take an oath.
'
NOTARY PUBLIC:
Signature:
Print Name:
(NOTARY SEAL)
My commissionexpires:
Page 33 of 34SJC(MCA-TO)2022,REV6 (05.02.2024)
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FORM 2
CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN
Owner:St.Johns County (hereafter “County”)County Department/Division:
Signed this __day of 20
Contract No.:Contractor Name:
Project:Contractor Address:
Project Address:Contractor License No.:
Payment Amount:Amount of Disputed Claims:
The undersigned has been paid in full for all labor,work,services,materials,equipment,and/or supplie
sfurnishedtotheProjectortotheCountyanddoesherebywaiveandreleaseanynoticeoflien,any right to
mechanic's lien,any bond right,any claim for payment and any rights under any similar ordinance,rule or statute
related to a claim or payment rights the undersigned has on the above described Project,except for the payment
of Disputed Claims,if any,described below.
The undersigned warrants that he or she either has already paid or will use the monies received from this
?nal payment to promptly pay in full all of its laborers,subcontractors,materialmen and suppliersfor all labor,
work,services,materials,equipment,or suppliesprovided for or to the above referenced Project.
Before any recipient of this document relies on it,the recipient should verify evidence of payment to the
undersigned.
Disputed Claims:The following invoices,pay applications,retention,or extra work are reserved by
undersigned from this ?nal payment (if there are no Disputed Claims enter “None”):
None
PrintedName
Title
NOTICE:THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU
HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS.THIS DOCUMENT IS ENFORCEABLE
AGAINST YOU IF YOU SIGN IT TO THE EXTENT OF THE PAYMENT AMOUNT OR THE
AMOUNT RECEIVED.
Page 34 of 34SJC(MCA-TO)2022.REVG(05.02.2024)
Contractor/Company Name
Signature
Agenda Item #8.A.
22 Jun 2026
Page 74 of 160
..F
STiJOHNSCOUNT
YI
GET.2."n .2025
PURCHASING
Name:Bradle K,Clark
(Please Type or Print)
Title:President
(Please Type or Print)
Slgnature uthorized Representativa
[F8 NO:2449;NWWTPOperator‘s Building
Master Contract No:25-MCA-ATL-21904
ACCEPTANCEOF NOTICEOF AWARD
The undersigned hereby acknowledges receipt of the Notice of Award and assodated Contract Documents
and certifies the intent of the awarded Bidder to perform the required services in accordance with the
Contract Documents,St.Johns County Policy,as wall as applicable rules,regulations and laws.
Atlantic Coast Sales &Service Inc.dba Atlantic Coast Construction Grou this 17th day of October 2025.
Purchasing Department I 500 San Sebastian View.St.Augustine,FL 32084 1904.209.0150 l sjcfl.us
Agenda Item #8.A.
22 Jun 2026
Page 75 of 160
Purchasing Department]500 San Sebastian View,St.Augustine,FL 32084 |904.209.0150 [sjcfl.us
rvan us
Purchasing Manager
(904)209—0148 —Direct
bmatus s'cfl.us
J0 ’+2
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NOTICEOF AWARD
October 7,2025
AtlanticCoast Sales 8:Sen/ice,Inc.
dba Atlantic Coast Construction Group
5909 St.Augustine Road,Suite 2
Jacksonville,FL32207
Attn:Bradley K.Clark,President
IFBN0:2449;NW WTP Operator‘s Building -Master Contract 25-MCA—ATL-21904
St.Johns County hereby issues this Notice of Award to Atlantic Coast Sales 8!.Service,Inc.dba Atlantic
Coast Construction Group as the lowest,responsive,responsible Bidderto provide the services speci?ed
under IFB No:2449.The final,approved Contract is attached to this notice for an authorized
representative of Atlantic Coast Sales &Service,Inc.dba AtlanticCoast Construction Group to sign and
return in accordance with the following instructions:
Attached,via email,is an electronic copy of the Contract and an Acceptance of this Notice of Award.
Please sign,date,seal (if applicable)and return all of the following within ten 10 consecutive calendar
days of receipt of this Notice:
1.The Contract signed by an authorized representative.Contract may be printed,signed,scanned
and emailed or mailed via USPS,or may be digitally signed (using a secure electronic signature
platform such as DocuSign or AdobeSign)and returned via email to the contact Identified below.
If the authorized representative is not a Principal of the firm,or a Delegation of Authority Letter
has not been provided,then one must be provided with the signed copy ofthe Agreement.Please
date only the signature page of the Contract.
2.The Acceptance of the Notice of Award (2“‘1page of this notice),signed by an authorized
representative.
3.All applicableCertificates of insurance as stated in ArticleXIIIof the Contract.
NOTE:in accordance with the Bid Documents,failureto return the required contract documents withi
nthetimeshownaboveshallbegroundsforcancellationofthisAward.
All Documents must be returned to Diana M.Fye,BAS,NIGP—CPP,CPPB,FCCM,Senior Procurement
Coordinator,via email to dfyericflms.Upon signature by the County,a fully executed copy of the
Contract will be returned to your firm.
Sho u ve any questions please don’t hesitate to call Diana M.Fye at (904)209-0162.
Agenda Item #8.A.
22 Jun 2026
Page 76 of 160
Construction Proposol v
TLANTIC OAST
CONSTRUCTION GROUP
City of Atlantic Beach
1200 Sandpiper Ln E
Jacksonville,FL32233
PREPAREDFOR
Matthew Krug
Deputy Director of Public Works
City of Atlantic Beach Public Works
PREPAREDBY
Atlantic Coast Construction Group
Construction Manager |General Contractor |Masonry &Concrete Contractor
5909 St.Augustine Rd.,Ste 2
Jacksonville,FL32207
PREPAREDAND DELIVEREDON
May 22,2026
Cover Letter
Scope of Work
Pre?minory Rendering
ENCLOSE
Agenda Item #8.A.
22 Jun 2026
Page 77 of 160
TLANTIC OAST
CONSTRUCTION GROUP
Dear Mr.Krug,
On behalf of Atlantic Coast Construction Group,thank you for the opportunity to provide this
proposal for the turnkey installation of the new pre-engineered metal building and associated
concrete slab for the City of Atlantic Beach.We greatly value our ongoing relationship with
the City and appreciate the continued trust placed in our team.
The success of our prior project demonstrated what we believe to be our greatest strength—
working in close coordination with City staff and Public Works leadership to deliver the right
solution,not just a finished structure.We approach this project with the same emphasis on
constructability,coordination,and cost awareness,with the goal of delivering a durable,well-
executed facility that meets the City’s operational needs.
This proposal reflects a collaborative approach that allows design details,sequencing,and
material selections to be finalized efficiently while maintaining clear alignment with the City‘s
expectations.We have structured the scope to clearly define responsibilities and provide
flexibility where appropriate,ensuring a smooth transition from demolition and site preparation
into construction.
From a scheduling standpoint,we are prepared to proceed immediately.Current material
lead times have been considered,and our team is positioned to coordinate closely with City
staff to support an efficient start and orderly execution of the work.
We welcome the opportunity to review this proposal together and confirm assumptions,
selections,and coordination items to ensure full alignment prior to proceeding.Our goal is a
straightforward,well-coordinated project that continues the successful working relationship
established with the City of Atlantic Beach.
Thank you again for the opportunity.We look forward to discussing next steps and are
available at your convenience.
Sincerely,
Tim McCord
Lead Estimator
Atlantic Coast Construction Group
timmc@atlcoast.org |904.3l4.1581
Agenda Item #8.A.
22 Jun 2026
Page 78 of 160
Scope of Work
.TLANTIC OAST
CONSTRUCTION GROUP
Division 01 —General Requirements
Atlantic Coast Construction Group will serve as General Contractor for the construction of the
new pre-engineered metal building and associated concrete slab.Our responsibilities include
overall project coordination,scheduling,safety oversight,quality control,testing coordination,
and general conditions required to execute the work efficiently and safely.We will work in
close coordination with City staff and Public Works to confirm sequencing,access,and
inspections throughout the project.
Division 02 —Existing Conditions /Demolition (By Owner)
The City of Atlantic Beach will perform demolition Of the existing wood structure and removal
Of the existing concrete slab.The existing slab will be fully removed due to budgetary,
efficiency,slope and constructability constraints,allowing for proper subgrade preparation
and placement of a new slab consistent with the proposed building design.
Atlantic Coast Construction Group’s scope begins after completion of demolition and site
preparation,with a prepared subgrade made available for testing and construction.
Division 03 —Concrete
Atlantic Coast Construction Group will construct the concrete foundation system and slab—
On—grade to support the pre-engineered metal building.Demolition of the existing structure
and slab will be performed by the City prior to commencement of this scope.
Scope Includes:.Eight (8)reinforced concrete spread footings,approximately 6’-0"x 6'-O"x 1'-6",
constructed per approved engineered PEMBfoundation drawings.3,000 PSI concrete for all footings and piers.Reinforcing steel tied and placed per approved shop drawings.Concrete slab-on-grade,approximately 40'-0"x 70’-0"x 6",constructed with
4,000 PSI concrete.Vapor barrier installed per plan.Concrete apron /approach,approximately 150'-0"x 6’-0".Formwork for all Division 03 concrete work
Subgrade conditions will be verified prior to concrete placement,and anchor bolts and
embeds will be coordinated with the final engineered PEMB package.Concrete placement,
finishing,curing,and jointing will be performed in accordance with project requirements.
Division 05 -Metals (Anchor Bolts)
Atlantic Coast Construction Group will furnish and install all anchor bolts required for the pre—
engineered metal building in accordance with the approved engineered PEMBfoundation
drawings.
Scope includes furnishing anchor bolts and templates,setting and securing anchor bolts
prior to concrete placement,and coordinating layout,elevations,and alignment with
Division 03 concrete work and Division 13 PEMBerection.
Agenda Item #8.A.
22 Jun 2026
Page 79 of 160
,TLANTlC OAST
CONSTRUCTION GROUP
Division 07 —Thermal and Moisture Protection
The proposal includes multiple configuration options to allow the City to balance
performance and cost,including:
3"White Vinyl-Backed Roof insulation (included due to building height).Roofing system selections,including Optional standing seam metal roofing
Final selections will be coordinated with the City prior to fabrication.
Division 09 —Finishes (If Applicable)
No interior finishes are included unless specifically noted elsewhere in the proposal.
Division 13 -Pre-Engineered Metal Building
Atlantic Coast Construction Group will furnish and erect a pre-engineered metal building
system in accordance with the approved manufacturer’s engineered drawings.
Building Configuration.Approximate building size:40'-0"x 70’-0"x 18'-0".Roof pitch:3:12,with 21 '8",20’,28'4"BAY SPACING
1 —40'POST &BEAMFRAMINGON LEFTENDWALLW/2 @ 20'COLUMN SPACINGS
1 -40'POST &BEAM FRAMINGON RIGHTENDWALLW/2 @ 20'COLUMN SPACINGS.Main frames:Two (2)rigid clear—span frames.Endwalls:
0 Left endwall:Post-and—beam framing,two (2)@ 20'-0"column spacings
o Right endwall:Post-and-beam framing,two (2)@ 20'-0”column spacings
Roof System.26-gauge PBRgalvalume.Die-formed ridge cap
Wall Systems.Front sidewall:26-gauge PBR metal panels,standard color,with bypass girts.Back sidewall:26-gauge PBR metal panels,standard color,with bypass girts.Left endwall:26-gauge PBR metal panels,standard color,with flush girts.Right endwall:26—gauge PBR metal panels,standard color,with flush girts
Bracing .Weak Axis Bracing on Front Sidewall.Weak Axis Bracing on Back Sidewall
Openings &Doors.Factory-located framed openings complete with jamb and head trim:
0 Front sidewall:Three (3)@ T4'-0”W x 16'-0"H
0 Back sidewall:Three (3)@ 14’-0"W x16'-0"H.Six (6)wind-lock roll-up doors,14’-0"W x 16'-0"H,with chain hoist.Two (1)3’-O”x 7’-O”walk door with mortise lockset and closer
Engineering.Florida-licensed structural engineer stamped drawings,including foundation plan,
provided with the PEMBpackage
Agenda Item #8.A.
22 Jun 2026
Page 80 of 160
.TLANTIC OAST
GROUP
Division 22 /23 /26 -Plumbing,HVAC,Eleclrical (Excluded)
No mechanical,plumbing,or electrical work is included in this scope.These systems will be
completed by the City following turnover of the structure.
Division 31 -Earthwork (By Owner)
Site preparation,earthwork,and utilities are by others.Atlantic Coast Construction Group
assumes the City will deliver a prepared building pad suitable for slab construction.
Subgrade conditions will be verified through testing prior to concrete placement.
Coordination 8.Next Steps
Thisscope is intended to clearly define responsibilities,sequencing,and assumptions while
allowing flexibility to finalize design details collaboratively.We recommend a coordination
meeting with City staff and Public Works to confirm demolition timing,slab design
assumptions,and PEMBconfiguration selections prior to final authorization.
Contingency Clari?cation
The proposal includes a project contingency in the amount of $27,000.00.This contingency is
intended to provide the City with budget protection for unforeseen conditions,owner-
directed changes,minor scope adjustments,or other project-related costs that are not
specifically included in the base scope of work.Use of contingency funds shall require prior
authorization by the City.This structure allows the project to remain within the City's available
budget while preserving flexibility for unforeseen conditions.
Agenda Item #8.A.
22 Jun 2026
Page 81 of 160
Pricing
TLANTIC OAST
GROUP
80,478.15
1398.00
Division 08 Openings
Division 13 Speical Consiruc?on
Excluded
Excluded
COAB PEMBv4
Division00 Contracting Requirements
P &P Bond
Architecture and Design
Division01 General Conditions
Includes:Project Management /Supervision /$afety
Permitting
Material Testing
Port oilets
Site Trailer
Pre—ConSurveying
Dumpsters
Final Clean
Final Survey
Other General Requirements
Demolition
Building Concrete —All new
A nchor Bolts
Division07 Thermal 8.Moisture Protection
7,500.00
68,631.23
Contractor Fee
not specifically called out is excludedNoies:All Work
Division 02 General Condi?ons
Com plefed by COAB
Division03 Concrete
Division 05 Metals
Included in PEM
Doors,Frames and Hardware
q.”I“54-h”!4“
PEMB
106,750.12
5,242.50
Insulation
Agenda Item #8.A.
22 Jun 2026
Page 82 of 160
E<4\Qé»\bl/WOM/z
TLANTIC OAST
who.“mm0u_pm.>>>>>>\mahm-mmmAwmmvu.moowémm:59m\nowmm<QEO._H_.m._.=>20mv_u<_.\Nm._._:md<Oxmz_._.meD<Hz_<m mom
Preliminary Rendering
(no’r ’ro scale)
Agenda Item #8.A.
22 Jun 2026
Page 83 of 160
Page 84 of 160
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.26-80 to Award the 2026 Annual Milling &Paving Project
to Preferred Materials,Inc.
SUBMITTED BY:Matt Krug,Deputy Director,Public Works
TODAY’S DATE:June 5,2026
MEETING DATE:June 22,2026
BACKGROUND:City staff have been working to identify the streets to be resurfaced for the
2026 Milling &Paving Project,using physical inspections,repeat complaints,and grades from a pavement
management system.The list of streets also includes resurfacing Dutton Island Road from the entrance to
Dutton Island Preserve to the round—about.Preferred Materials,Inc.has a contract with the City of
Jacksonville that the City can piggyback on to complete this work.City staff proposes to issue a purchase
order to the contractor up to,but not to exceed,the budgeted amount under the FY2025—2026budget.
BUDGET:The FY2025-2026 budget has $471,078.00 budgeted for the 2026 Annual
Milling &Paving Project under Project PW2345.There is also $250,000.00 budgeted under Project
PW2603 for Plaza and Dutton Island Road resurfacing.Both projects are budgeted in Account 300-5002-
541-63 00.
RECOMMENDATION:Adopt Resolution No.26-80.
ATTACHMENTS:1.Resolution No.26-80
2.City of Jacksonville Contract #72065—22with Preferred Materials,Inc.
3.Cost Estimate for Proposed 2026 Milling &Paving Project
REVIEWED BY CITY MANAGER:
Agenda Item #8.B.
22 Jun 2026
Page 85 of 160
RESOLUTION NO.26-80
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
APPROVING THE 2026 ANNUAL MILLING &PAVING PROJECT;
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
WHEREAS,City staff have been working to identify the streets to be resurfaced for the 2026
Milling &PavingProject,using physicalinspections,repeat complaints,and gradesfrom a pavement
management system.The list of streets also includes resurfacing Dutton Island Roadfrom the entrance
to Dutton Island Preserve to the round-about;and
WHEREAS,Preferred Materials,Inc.has a contract with the City of Jacksonville that the City
can piggyback on to complete this work.City staff proposes to issue a purchase order to the contractor
up to,but not to exceed,the budgeted amount under the FY2025—2026budget;and
WHEREAS,the FY2025-2026 budget has $471,078.00 budgeted for the 2026 Annual Milling
&Paving Project under Project PW2345.There is also $250,000.00 budgeted under Project PW2603
for Plaza and Dutton Island Road resurfacing.Both projects are budgeted in Account 300—
5002-541-6300.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Commission hereby approves the 2026 Annual Milling &Paving Project;
SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract
with Preferred Materials,Inc.and approve a Purchase Order to said vendor in the amount of $721 ,078.00;
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 2211dday of June,2026.
Attest:
Curtis Ford,Mayor
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Agenda Item #8.B.
22 Jun 2026
Page 86 of 160
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CONTRACT
BETWEEN
CITY OF JACKSONVILLE
AND
PREFERRED MATERIALS,INC.
FOR
CONTINUOUSASPHALT RESURFACING —SOUTHEAST AREA
THIS CONTRACT for continuousasphalt resurfacing in the Southeast Area (the
“Project”)is executedas of this_day of 2'v"‘'
,
’,2022,effectiveas of Octobe
r
1,2022 (the “E?‘ectiveDate”),by and between the CITY OF JACKSONVILLE.a
consolidatedmunicipalcorporationand political subdivisionexisting underthe Constitutionand
laws of the State of Florida (hereinafterthe “Owner”or the “City"),and PREFERRED
MATERIALS,INC.,a foreign pro?t corporationwith principalof?ce at 4636 Scarborough
Drive,Lutz,Florida33559 (hereina?er the “'Contractor”).
WITNESSETH.that for the considerationand under the provisions hereina?er state
dandreferredtomovingfromeachtotheotherofsaidpartiesrespectively,it is mutuall
y
understoodand agreed as follows:
1.That Contractoris the lowestresponsiveand responsiblebidderfor furnishing,not
by way of limitation,all labor,materials,and equipmentand performingall operationsnecessary
to mill and resurfaceexisting roadways,construct full depth asphaltwidening strips and apply
asphaltpavement to preparedbase,construct or reconstruct ADA ramps,remove and reconstruct
existing concrete curb and gutter and driveways,perform related shoulder work.and improv
e
and maintain existing drainage swales in the Southeast Area,all in accordmce with plans,
drawings,and speci?cations hereinafterreferredto and has beenawardedthis Contract for sai
dworkpursuanttoawardmadeSeptember22,2022.
2.The Contractorwill at its own cost and expense do the work requiredto he don
eandfurnishthematerialsrequiredtobefurnishedonsaidProjectinaccordancewithplans an
dspeci?cationspreparedby Eisman&Russo Consulting Engineers,Inc.for the Right of Way and
StormwaterMaintenanceDivisionof the City of Jacksonville’sDepartment ofPuhlic Works,bid
number CP-Ol43-22,bid date August 3|,2022,designated as Speci?cationsjbr Continuous
AsphaltResurfacing Program (North,West,and Southeast Areas),and strictly in accordanc
ewiththeadvertisementcallingforbids,plans,speci?cations,blueprints,addenda,requiremen
tsoftheCityofJacksonville,proposal of the said Connector,and award therefor (
hereinafter
collectively the “Contract Documents”)now on ?le in the Of?ce of the Chief of the Procuremen
tDivisionoftheCityofJacksonville,all of which are by this reference speci?cally made a part
[MW
Agenda Item #8.B.
22 Jun 2026
Page 87 of 160
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hereof to the same extent as if fully set out herein,for a total amount not to exceed TEN
MILLION AND 00/100 USD ($10,000,000.00),at and for the prices and on the terms contained
in the Contract Documents;providedhowever,the above-statedamount willnot be encumbered
by this Contract.Instead,it will be encumberedin whole or in part by subsequently issued
purchase orders.Such purchase orders shall be binding upon the parties hereto and must
incorporate the provisionsof this Contract.All funds control checking shall be made and
perfonned at the time suchpurchaseordersare issued
3.The term of this Contractshallcommenceon October 1,2022 and shall remain in
full force and effect as to all its tenns,conditions,and provisionsas set forth herein through
September 30,2023,withtwo (2)one (1)year renewaloptions.
4.0n Contractor's faithful performance of this Contract,the Owner will pay the
Contractorin accordancewith the terms and on the conditionsstatedin the ContractDocuments.
5.Connector shall submitand record all payment and perfomtancebonds in the
Of?cialRecords ofDuval County,as requiredby Section255.05,FloridaStatutes.
6.Notwithstandingany provisionto the contrary in this Contractor in the Contract
Documents,the Owner has the absoluteright to terminate this Contract without cause for
convenienceby giving the Contractor thirty (30)days’advancewritten notice of the date of
termination.Such notice shall be delivered by Certi?ed United States Mail,return receipt
requested,or by any other delivery method with evidence of receipt to the Coutractor’
srepresentativewhosignedthisContractattheaddressspeci?ed in the Contract Documents.
7.This Contract and allamendmentsheretomay be executedin severalcounterparts.
each of which shall be deemed to be an original,and all of such counterparts together shall
constituteone and the same instrument.
[Remainder of page left blank intentionally.Signature page followsimmediately].
Agenda Item #8.B.
22 Jun 2026
Page 88 of 160
IN WITNESS WHEREOF,the parties hereto have duly executed this Contract in
duplicatethe day and year ?rst above written.
ATTEST:0.3-“sz CITY J ONVILLE,FLORIDA
0
By v By
CamesR:Sal1 u yCurry.ayor
orpomuon ec ,
OWNERSrianHughes
Chief Admin!slrative Officer
For:Mayor Lenny Curry
Under Auihority of:
Executive Order No:2019-02
:PREFERRED TERIALS,INC.
Sig
51M;1ngk W Tavl
Type/Print Name 'tName
Assistant Secreta Vice President
Title Title
(ac—«u53mm-W_m?72m.n*cmum_mm,mmmr
Encumbrance &funding informationis found on the next page.
CONTRACTOR
Agenda Item #8.B.
22 Jun 2026
Page 89 of 160
ENCUMBRANCE&FUNDINGINFORMATION:
Account No.:1 1415.153101.565050.001024.00000000.00000
Amount:$0,000,000.00
The above-statedamount is the maximum?xed monetary amount of the foregoing contract.It
shall not be encumberedby the foregoing contract It shall be encumberedby one or more
subsequently issuedpurchase orders that must reference the foregoing Contract.All ?nancial
examinationsand funds control checking will be made at the time such purchase orders are
issued.
In accordancewith Section 24.103(e).Ordinance Code,I do hereby certify that there is an
unexpended,unencumbered,and unimpoundedbalancein the appropriationsuf?cient to cover
meforegoing agreement;providedhowever,this certi?cationis not nor shall it be interpretedas
an encumbranceof funding under this Contract.Actual menmbranceeshall be made by
subsequentlyissuedpurchaseorders,as speci?edin saidContract
tor of Fmance
Ci Contract #72065-22
Form Approved
s'tam Ge unse
Agenda Item #8.B.
22 Jun 2026
Page 90 of 160
ah
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wavot‘L In?ation:
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n yd)'
THIS IS APPRO VED FORM.DO NOT SUBS'Ill'l'U’lL’0R RE VISE.
Doc #202260517.OR BK20466 Page 2074,
NumberPages:13
Renewed 10117120221210PM,
JODYPHILLIPSCLERKCIRCUIT COURT DUVA
LCOUNTY
RECORDNG $11200
Name:Federal Insurance Co an
PrincipalBusiness Address:202B Halls Mill Road,Whitehouse Station,NJ 08889-3454
CONTRACT NUMBER 72065-22
PERFORMANCE BOND NUIVIBER [$5]$911]
REQUIREDBY SECTION255.05,FLORIDA STATUTES
As to the Contractor/Principal:
Name:PreferredMaterials Inc.
Principal Business Address:4636 Scarborou Drive Lutz Florida 33559
As to the Surety:
Telephone:as 903-2000
As to the Owner of the Property/ContractingPublic Entity:
Name:The Cit of Jacksonville Florida c/o Public Works D artment
PrincipalBusiness Address:214 SoutheagLHo an StreeLJ?floor,chgsgngille,florid;
32202
Telephone:904 255-8763
Descriptionof Project including address and description of improvements:fumishin not b
limitation all labor materials and equipment and erformin’all 'necessarv to
mill and resurfacLezgistin roadwa s construct full de th as halt widenin .stri s and a )l'
as it ve nt to re ared base construct or reconstruct ADAram s e ove and reconstruct
cxistin concrete curb and tter and drivewa s erfonn related shoulder work,Land?iggpyye
and maintain existin drains e swales in the Southeast Are all in accordance with lans
drawin s.and s eci?cations.
Agenda Item #8.B.
22 Jun 2026
Page 91 of 160
THIS IS ANAPPRO VED FORM.DO NOTSUBSTI TUTE 0R REVISE.
CITY OF JACKSONVILLE,FLORIDA
PERFORMANCE BOND
REQUIREDBY SECTION 255.05,FLORIDA STATUTES
KNOW ALL MEN BY THESE PRESENTS,that PREFERREDMATERIALS,INC.,
as Principal (hereinafter the “‘Contractor”),and Federal Insurance Com an ,a
corporation organized and existing under the laws of the State of Indiana and
duly authorized to conduct and carry on a general surety business in the State of Florida,as
Surety (hereina?er the “Surety”),are each held and ?rmly bonded unto the City of Jacksonville,
a municipalcorporation in Duval County,Florida,as Obligee (hereinafter the “City”),in the sum
of TEN MILLION AND 00/100 USD ($10,000,000.00),lawful money of the United States of
America,for the payment whereof Contractorand Surety bind themselves,their respective heirs,
executors,administrators,legal representatives,successors and assigns,jointly and severally,
firmly by these presents.
WHEREAS,the Principal made and entered into City Contact Number 72065-22 (the
“Contract"),effective as of the let day of October,2022,for furnishing,not by way of limitation,
all labor,materials,and equipment and performing all operations necessary to mill and resurfac
e
existing roadways,construct full depth asphalt widening strips and apply aSphalt pavement to
preparedbase,construct or reconstruct ADA ramps,remove and reconstruct existing concrete
curb and gutter and driveways,perform related shoulder work,and improve and maintain
existing drainage swales in the Southeast Area,all in strict accordance with plans and
speci?cations prepared by Eisman &Russo Consulting Engineers,Inc.for the Right of Way and
Stormwater Maintenance Division of the City of Jacksonville’sDepartment of Public Works,bid
Agenda Item #8.B.
22 Jun 2026
Page 92 of 160
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...
number CP-0143—22,bid date August 31,2022,designated as Specificationsfor Continuous
Asphalt Resurfacing Program (North.West,and Southeast Areas),and any advertisement for
bids for said work and the drawings,plans,and speci?cations for said work and requirements of
the City request for bids and award therefor,and of the Contract and all documents includedas a
part of the Contract,all of which are,by this reference,made a part hereof to the same extent as
NOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION are such that,
if Contractor shall:(I)promptly and faithfully perform the construction work and other work in
the time and mannerprescribed in said Contract,which is made a part of this Bond by reference,
in strict compliancewith the Contract requirements;(2)perform the guarantee and maintenanc
e
of all work and materialsfumished under the Contract for the time speci?ed in the Contract;and
(3)pay the City all losses.delay and disruption damages,and all other damages,expenses,costs,
and statutory attomey’s fees,including those incurred in appellate proceedings,that the City
sustains because of a default by Contractor under the Contract,then this Bond shall be void;
otherwise,it shall remain in full force and effect,both in equity and at law,in accordance with
the laws and statutes of the State of Florida.
PROVIDED,that the Surety hereby waives notice of any alteration or extensionof time
made by the City,and any changes in or under the Contract and complianceor noncomplianc
e
with any formalities connected with the Contract or the changes does not affect Surety’s
obligationunder this Bond.
PROVIDED FURTHER,that whenever Contractorshall be declared by the City to be
in default under the Contract,the City having performed the City’s obligations thereunder,the
Surety shall,at the City's sole option,take one (1}of the following actions:
if fully set out hefci
Agenda Item #8.B.
22 Jun 2026
Page 93 of 160
I,
.4
(1)
(2)
Within a reasonable time,but in no event later than thirty (30)days after the
City's written notice of terminationfor default,arrange for Contractor with the
City’s consent,which shall not be unreasonably withheld,to complete the
Contract and the Surety shall pay the City all losses,delay and disruption
damages,and all other damages,eXpenses,costs.and statutory attorney’sfees,
including those incurred in appellate proceedings,that the City sustains becaus
e
of a default by the Contractor under the Contract;or
(A)Within a reasonable time,but in no event later than sixty (60)days after the
City’s written notice of terminationfor default,award a contract to a completio
n
contractor and issue a notice to proceed.Surety shall obtain a bid or bids for
completing the Contract in accordancewith its terms and conditions,and upon
determination by Surety of the lowest responsible quali?ed bidder,award a
contract;(B)alternatively,the City may elect to have.the Surety determinejointly
with the City the lowest responsible quali?ed bidder,to have the Surety arrange
for a contract between such bidder and the City,and for the Surety to make
available as Work progresses suf?cient funds to pay the cost of completion less
the balance of the Contract price (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged
under this paragraph).The term “balance of the Contract price”as used in this
Bond shall mean the total amount payable by the City to Contractor under the
Contract and any approved change orders thereto,less the amount properly paid
by the City to Contractor.(C)Either way,the Surety shall pay the City all
remaining losses,delay and disruption damages,expenses,costs,and statutory
Agenda Item #8.B.
22 Jun 2026
Page 94 of 160
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(3)
attorney's fees,including those incurred in appellateproceedings,that the City
sustains because of a defaultby Contractor underthe Contract;or
Within a reasonable time,but in no event later than thirty (30)days after City’s
notice of terminationfor default,waive its right to complete or arrange for
completionof the Contract and,within twenty-one (21)days therea?er,determine
the amount for which it may be liable to the City and tender payment to the City
of any amount necessary in order for the City to complete performance of the
Contract in accordance with its terms and conditions less the balance of the
Contract price,and shall also indemnify and save the City harmlesson account of
all claims and damages arising from the Contractor’s default under the Contract,
and pay the City for all losses,delay and disruption damages,and other damages,
expenses,costs,and statutory attorney’s fees,including those incurred in
appellateproceedings,that the City sustains because of a default of the Contractor
underthe Contract.
PROVIDED FURTHER,the Surety shall indemnify and save the City harmless from
any and all claims and damages arising from the Contractor’s default under the Contract,
includingbut not limited to contractual damages,expenses,costs,injury,negligent or intentional
default,patent infringement,and actual damages (including delay and disruption damages)in
accordancewith the Contract,and including all other damages and assessmentswhich may arise
by virtue of failure of the product to perform or any defects in work or materials within a period
of one (1)year from the date on which the Contractor receivesfrom the City a certi?cate of ?nal
completionunder the Contract.
PROVIDED FURTHER,that during any interim period after the City has declared
Agenda Item #8.B.
22 Jun 2026
Page 95 of 160
v :1
PROVIDED FURTHER,no right of action shall accrue on this Bond to or for the use of
any person or corporation other than the City named herein or the heirs,executors,
administrators,or succmsorsof the City.
Contractor to be in default but Surety has not yet remediedthe defaultin the manner acceptable
to the City,Surety shall be responsible for securing and protecting the work site,including but
not limited to the physical premises,structures,fixtures,materials,and equipment,and shall be
responsible for securing and protecting materials and equipment stored off-site in accordance
-10-
with the Contract.
[Remainder of page left blank intentionally.Signature page followsimmediately.]
Agenda Item #8.B.
22 Jun 2026
Page 96 of 160
nw.a lot
Type/Print ame
Vice President
Title
WITNESS:
dig“re
5 viaJ.R ek
Type/PrintName
Assistant Secreta
Title
PREFERRED MA ALS,INC.
SIGNED AND SEALED this 13th day of October 2022.
FederalInsurance Company
/
Bonnie Rice Witness By
Its Atto y-In-Fact
AS SURETY
Name of Agent:CaI’OlynE.Wheeler
Address:1111 Nonhshore Drive,SuiteN-
SSO
Knoxville.TN 37919
Signed,Sealed and Delivere
in the Presence of:
Form Approved
CC 0 001156
Note.Date of Bond Must Not Be Prior to Date of Contract
AS
Agenda Item #8.B.
22 Jun 2026
Page 97 of 160
)(
D
PDV
D
As to the Contractor/Principal:
Name:PreferredMaterials Inc.
Principal Business Address:4636 Scarborou 11Drive Lu Florida 33559
THIS IS AN APPROVED FORM.DO NOT SUBSTITUTE0R REVISE
.
CONTRACT NUMBER72065-22
PAYMENTBOND NUMBER K416207l7
REQUIREDBY SECTION 255.05,FLORIDASTATUTES
Telephone:904-288-6300
As to the Suretv:
Name:Federal Insurance Com any
Principal BusinessAddress;2023 Halls Mill Road,Whitehouse Station,NJ 08839-
3454
Telephone:908 903-2000
As to the Owner of the Property/ContractingPublicEntity:
Name:The Ci of Jacksonville Florida c/o Pub ic Wgrigs”Department
Principal BusinessAddress:214 Southeast Ho an Street 10“1Floor Jacksonville Florida 32202
Telephone:904 255-8763
Description of project including address and description of improvements:fumishin not b
wa of limitation all labor materials and ui ment and erformin all 0 erations necessary_tg
mill and resurface existin roadwa s construct full de th halt widenin stri s and a l
as bait avemcnt to re ared base construct or reconstruct ADA ta 5 remove and reconstruct
exist__m_g'concrete curb and utter and drivewa s perform related shoulder work and im rove
and maintain existin dra'e swales in the Southeast Area all in accordance with lans
drawin s and s ecifications.
.12
Agenda Item #8.B.
22 Jun 2026
Page 98 of 160
THISIS ANAPPRO VEDFORM DO NOT SUBSTITUTE0R REVISE.
CITY OF JACKSONVILLE,FLORIDA
PAYMENT BOND
REQUIREDBY SECTION 255.05,FLORIDA STATUTES
KNOW ALL MEN BY THESE PRESENTS,that PREFERRED MATERIALS,INC.,
as Principal (hereinafter the IContractor”)and FederalInsurance Cqmwm,a
corporation organized and existing under the laws of the State of Indiana and
duly authorizedto conduct and carry on a general surety business in the State of Florida,as
Surety (hereinafter the "Surety”),are each held and firmly bonded unto the City of Jacksonville,
a municipal corporation in Duval County,Florida,as Obligee (hereinafter the “City"),in the sum
of TEN MILLION AND 00/100 USD ($10,000,000.00),lawful money of the United States of
America,for the payment whereofContractor and Surety bind themselves,theirrespectiveheirs,
executors,administrators,legal representatives,successors,and assigns,jointly and severally,
?rmly by these presents.
WHEREAS,the Principal made and entered into City Contract Number 72063 (the
“Contract”),effective as of the 1st day of October,2022,for furnishing,not
by way of limitation,all labor,materials,and equipment and performing all operationsnecessary
to mill and resurface existing roadways,construct full depth asphalt widening strips and apply
asphaltpavement to preparedbase,construct or reconstruct ADA ramps,remove and reconstruct
existing concrete curb and gutter and driveways,perform related shoulder work,and improve
and maintain existing drainage swales in the Southeast Area,all in strict accordance with plans
and speci?cations prepared by Eisman &Russo Consulting Engineers,Inc.for the Right of Way
and Stormwater Maintenance Division of the City of Jacksonville’s Department of Public
-13.
Agenda Item #8.B.
22 Jun 2026
Page 99 of 160
Lnn
Works,bid number CP-0143—22,bid date August 31,2022,designated as Specifications for
ContinuousAsphalt Resurfacing Program (North,West,and Southeast Areas),and any
advertisement for bids for said work and the drawings,plans,and speci?cations for said work
and requirements of the City request for bids and award therefor and of the Contract and all
documents includedas a part of the Contract,all of which are,by this reference,made a part
hereof to the same extent as if fully set out herein.
NOW,THEREFORE,THE CONDITIONS OF THIS BOND are such that if the said
(l)Promptly makes payments to all claimants,as de?ned in Sections 255.05 and 713.01,
FloridaStatutes,supplying Principal with labor,materials,or equipment that are consumed or
used directlyor indirectly by Principal in connectionwith the prosecution of the work provided
for in such Contract and including all insurance premiumson the work and any authorize
d
extensionsor modi?cationsof such Contract;and
(2)Defends,indemni?es,and saves the City harmless from claims,demands,liens,or
suits by any person or entity whose claim,demand,lien,or suit is for the payment of labor
.
materials,or equipment furnished for use in the performanceof the Contract,provided the City
has promptly noti?ed the Principal and Surety of any claims,demands,liens,or suits and
providedthere is no failure by the City to pay the Principal as requiredby the Contract;and
(3)Pays the City all losses.damages.expenses,costs,and attorney's fees,including those
incurred in appellate proceedings,that the City sustains because of the Principal’s failure to
promptly make payments to all claimants as providedabove,then this Bond is void;otherwise,it
remains in full force and effect,both in equity and at law,in accordance with the statutes and the
laws of the State of Florida and speci?cally Section 255.05,Florida Statutes.
Principal
Agenda Item #8.B.
22 Jun 2026
Page 100 of 160
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PROVIDED,no suit or action for labor,materials,or equipment shall be instituted
hereunder against the Principal or the Surety unless a claimant provides to each of them both of
the proper notices in accordance with the requirements of Section 255.05(2)(a),Florida Statutes.
Both notices must be given in order to institute such suit or action.
PROVIDED FURTHER,an action.except for an action exclusively for recovery of
retainage,must be institutedagainstthe Principal or Surety on this Payment Bond within one (1)
year after the performanceof the labor or completionof delivery of the materials or equipment in
accordance with the requirements of Section 255.05(2)(a),Florida Statutes.
PROVIDED FURTHER,an action exclusively for the recovery of retainage must be
instituted against the Principal or Surety within one (1)year after the performance of the laboror
completion of delivery of the materials or equipment,or within ninety (90)days after the
Principal’s receipt of ?nal payment (or the payment estimate containing the Owner’s ?nal
reconciliationof quantities if no timber payment is earned and due as a result of deductive
adjustments)by the Principal or Surety,whichever comes last,in accordance with the
requirements of Section 255.05(2)(a),Florida Statutes.
PROVIDED FURTHER,that the said Surety hereby stipulates and agrees that no
change,extension of time,alteration,or addition to the terms of the Contract or to the work to be
performed thereunderor the speci?cations accompanyingthe same shall in any wise affect its
obligation on this Bond,and it does hereby waive notice of any such change,extension of time,
alteration,or additionto the terms of the Contract or to the work or to the speci?cations.
Agenda Item #8.B.
22 Jun 2026
Page 101 of 160
Type/PrintName
Assistant Secretary
Title
ign ure
Type/Print Name
Vice President
Title
AS PRINCIPAL
WITNESS:PREFERRED MATE"ALS,INC.
SIGNED AND SEALED this 13th day of October .2022
Federal surance Com an
By:1&1:/
“Its At!ey-n-Fact
AS SURETY
Name of Agent:Carol ngz?heelcg
111l NorthshoreDrive.Suite N-550
s:'
Signed,Sealedand Delivera
dinthePmenceof:
.M‘C(/
Note.Date of Bond Must Not Be Prior to Date of Contract
CBC,
Bonnie Rice Witness
Form Approved
Signa e
Agenda Item #8.B.
22 Jun 2026
Page 102 of 160
09®®
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Power of Attorney
FederalInsurance Company |VlgllantInsurance Company IPaci?cIndemnity Company
Westchester Fire Insurance Company IACEAmericanInsurance Company
Know All by There Plumb.that FEDERALm NMPA'NY.an Indiana mporauon.WGILAN’I‘INSURANCECOMPANY.a NewYork corpontltm.PACIFI
CINDEMNITYCOMPANY.3 Mn amputation.WEBSTER FIRE INSURANCECOMPANYand ACE AMERICANINSURANCEWAN?eorpomtom ol'the
Commonwealthofi’ennsyiwnndoeach herebyeonstltuteandaopolm
Carolyn E.Wheeler
each as theirtrue and lawfulAttomey-in-Fact to execute under suchdalmatianIrttheir names and to af?x theircorporate ml:to and dcer [or and on thelr behalf»surety
thereon or otherwise.bondsand undertakingsand otherwrttinp ohltgatoryin the nature thereof(other than hall bonds)given or executed In the course of business.and any
Instnmtem amendtmoraitennxmenmeandmumthe modi?cationoralterattonoranyltun-tunent referredto In seldhondsorobllgatlons.
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Agenda Item #8.B.
22 Jun 2026
Page 103 of 160
Contract Purchase Agreement FDA-7206522
FDA-7206542
26-59-2022
0
10 000 000.00 USD
CP-0143-22
'r’
Sold To City of Jacksonville SuppiieribPreferredMaterials Inc.(a ORH Company)
117 West Duval Street W*11482\Columbia Park Drive West
Suite 315 \‘a Sultan?
JACKSONVILLE.FL 32202 J »,
JACKSONVILLE,FL 32258
US 1“
.,/-f
‘N '/
Notes Pricing in accordance with CP-0143-22 ContinuoneAighaitResurfacing Program
(Southeast Area).
Net 3 F03 Destination Beet Way
1-Oct-2022 ”Sop-2023 David Kiagee
dkiagee®cojmet
This Order is subject to the General conditions attached here to.Approved by Gregory Pease,Chief Procurement Divisio
n
Manufacturers Federal excise tax exempt no 59-89-0120K
FloridaState sales and use tax exemption no.85801262160708
Agenda Item #8.B.
22 Jun 2026
Page 104 of 160
FUBJECT:CONTINUOUSASPHALTRESURFACINGPROGRAM(NORTH.WEST,AND SOUTHEASTAREAS)
BID#:CP-0143-22 OPEN DATE:8/31I2022
G NERA VERNMENTAWARD MMITTEE
KINDAND BASIS OF CONTRACT:CONSTRUCTIONCONTRACT—OCTOBER 1,2022 THROUGHSEPTEMBER 30.
2023 WITHTWO (2)ONE (1)YEARRENEWALOPTIONS
AGENCY:RIGHTOF WAY &STORMWATERMAINTENANCEDIVISION
BASIS OF AWARD:BYAREA TO THE LOWESTRESPONSIVEIRESPONSIBLEBIDDERFOR THATAREA
NUMBEROF BIDS INVITED:3 NUMBERRECEIVED:a OTHER:Q
SQMMB!QEEIQSANDREQQMMENDEDACTIONS:
Recommend approval of award to the lowest responsive.responsible bidder,Preferred Materials,Inc..for each area
(North.West.and Southeast)in the initial annual not-to-exceed expenditure amount of $10,000.000.00 per area.Total
initial not-to-exoeed award amount will be 830.000.000.00.Period of service will be from October 1.2022 through
September 30.2023 withtwo (2)one (1 )year renewal options.
Funding for this award will be encumbered from various Right of Way and Stormwater Maintenance Division accounts.
executed by formal contract through the Of?ce of General Counsel,and processed via individual Purchase Orders.
This award is subject to appropriation by the City in the ?scal year beginning October 1,2022.No funds have been
appropriated to date.The City has no obligation for payment and work hereunder is not authorized unless funds are
appropriated for work herein.A written notification will be provided in the event the funds are appropriated.
ATTACHMENTS:Recommendation Memo.EBO Review.Bid Tabulation.Scope 01 k.sis of Award
ANALYST:Q@%E .51:RESPECTFULLYSUBMITTED:
W/DAVIDKLAGES PEASE.CHIEF
PROCUREMENTDIVISION
CONCURRENCEBY:ALINLTENANCEDIVISIQN
(ALL AWARDACTIONSSUBJECT TO LAWFULLYAPPROPRIATEDFUNDS)
ACTION OF GGAC COMMITTEEON RECOMMENDATIONSABOVE
r
MEMBERSAPPROVINGMEMBERSDISAPPROVING (9‘DATE:_?/9-9'20239..
OTHER:
q
ACTIONOF AWARDINGAUTHORITY DATE
APPROVED \/DISAPPROVED
OTHER
SIGNATURE OF AUTHENTICATION Chic!AdminisuativeO?icer
Under Authority 0!:
ExecutiveOrder No:2019-
WWW“...
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Agenda Item #8.B.
22 Jun 2026
Page 105 of 160
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Page 106 of 160
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Agenda Item #8.B.
22 Jun 2026
Page 107 of 160
Page 108 of 160
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Employment Agreement with City Manager
SUBMITTED BY:Robert Blanco,Director of HR,Safety &Risk Mgmt.
TODAY’S DATE:June 11,2026
MEETING DATE:June 22,2026
BACKGROUND:The City had an Interim City Manager who had been employed with
the City since 2017 and was providing stable leadership and operational continuity during the past
?ve months.In addition to his service with the City,he has more than 30 years of professional
experience and previously served as Deputy City Manager,providing him with extensive
knowledge of the City‘s operations,personnel,?nances,and strategic priorities.
Conducting a national search would have required a signi?cant investment of time and ?nancial
resources.By contrast,promoting a quali?ed internal candidate offers cost savings,operational
ef?ciency,and a seamless leadership transition.The Commission determined that it was not in the
best interest of the City to engage a national executive search ?rm,as Interim City Manager Kevin
Hogencamp demonstrated his leadership abilities,experience,and commitment to the organization
and was considered for permanent appointment.A motion was approved on June 8th2026
approving the appointment of Kevin Hogencamp to City Manager.
Accordingly,the Mayor and City Attorney negotiated an employment agreement with Interim City
Manager Kevin Hogencamp to serve as the City's permanent City Manager Which now comes
before the commission for consideration.
BUDGET:TBD
RECOMMENDATION:Approve Resolution No.26-81 con?rming the prior appointment of
City Manager and authorizing the Mayor to execute the employment agreement setting forth the
terms and conditions of his employment.
ATTACHMENT(S):1.Resolution No.26-81
2.Employment Agreement for City Manager Services (to be
published with ?nal agenda)
CITY MANAGER:
Agenda Item #8.C.
22 Jun 2026
Page 109 of 160
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RESOLUTION NO.26-81
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH,FLORIDA,APPROVING AN EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND
KEVIN HOGENCAMP AS CITY MANAGER;CONFIRMING THE
COMMISSION’S PRIOR APPOINTMENT OF KEVIN HOGENCAMP
AS CITY MANAGER;AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Commission is responsible for the appointment of the City
Manager pursuant to Section 10 of the City Charter;and
WHEREAS,Kevin Hogencamp has been employed by the City of Atlantic Beach since
2017 and has served in several leadership capacities,including Deputy City Manager;and
WHEREAS,Mr.Hogencamp possesses more than thirty (30)years of professional
experience and has demonstrated extensive knowledge of municipal operations,budgeting,
personnel administration,public infrastructure,and strategic planning;and
WHEREAS,Mr.Hogencamp has served as Interim City Manager since January 2026,
providing stable leadership,operational continuity,and effective management of City affairs
during this transitional period;and
WHEREAS,the City Commission has evaluated the City's leadership needs and
determined that Mr.Hogencamp's experience,quali?cations,institutional knowledge,and
proven performance make him exceptionally quali?ed to serve as City Manager;and
WHEREAS,the City Commission has determined that appointing Mr.Hogencamp as
City Manager is in the best interests of the City and its residents;and
WHEREAS,at its regular meeting on June 8,2026,the City Commission appointed
Kevin Hogencamp as City Manager of the City of Atlantic Beach;and
WHEREAS,an Employment Agreement With Kevin Hogencamp setting forth the
terms and conditions of his employment as City Manager is presented to the City Commission
for consideration.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Recitals.The foregoing recitals are true and correct and are incorporated herein
by this reference.
Page 1 of 2ResolutionNo.26-81
Agenda Item #8.C.
22 Jun 2026
Page 110 of 160
SECTION 2.Con?rmation of Appointment.The City Commission hereby con?rms and
rati?es its appointment of Kevin Hogencamp as City Manager of the City of Atlantic Beach,
made at its regular meeting on June 8,2026,in accordance with the City Charter.
SECTION 3.Approval of Employment Agreement.The Employment Agreement between
the City of Atlantic Beach and Kevin Hogencamp,attached hereto as Exhibit "A,"is hereby
approved in substantially the form presented to the City Commission.
SECTION 4.Authorization.The Mayor is authorized to execute the Employment Agreement
and any related documents necessary to effectuate this Resolution.
SECTION 5.Effective Date.This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,Florida,this
22nd day of June 2026.
Attest:
Donna L.Bartle,City Clerk Curtis Ford,Mayor
Page 2 of 2ResolutionNo.26—
Approved as to form and correctness:
Jason R.Gabriel,City Attorney
Agenda Item #8.C.
22 Jun 2026
Page 111 of 160
Page 112 of 160
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
0 Resolution No.26-82
BUDGET:No negative impact;contract was never executed,resulting in a cost savings of the
unexpended recruitment funds.
AGENDA ITEM:Resolution No.26-82
SUBMITTED BY:Robert Blanco,Director of HR,Safety &Risk Management
TODAY’S DATE:June 12,2026
MEETING DATE:June 22,2026
BACKGROUND:The City of Atlantic Beach issued Request for Proposals (RFP)No.26-03 for
a City Manager Executive Search Firm.In response,Strategic Government Resources,Inc.(SGR)
submitted a proposal dated April 8,2026.On May 26,2026,the City Commission adopted
Resolution No.26-60,authorizing an agreement with SGR to conduct a search for a permanent
City Manager.However,this Recruitment Agreement was never executed by the City.
At its regular meeting on June 8,2026,the City Commission appointed Interim City Manager
Kevin Hogencamp to the permanent position of City Manager.In light of this appointment,the
executive recruitment services and search process are no longer necessary.Resolution No.26-82
has been prepared to rescind Resolution No.26-60 in its entirety and con?rm that the prior
authorization is of no further force or effect.
RECOMMENDATION:Consider approving Resolution No.26-82
ATTACHMENT:
REVIEWED BY CITY MANAGER:
Agenda Item #8.D.
22 Jun 2026
Page 113 of 160
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RESOLUTION NO.26-82
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH,FLORIDA,RESCINDH‘IG RESOLUTION NO.26-60,
WHICH AUTHORIZED THE CITY TO ENTER INTO AN AGREEMENT
FOR PROFESSIONAL EXECUTIVE RECRUITMENT SERVICES TO
CONDUCT A SEARCH FOR A CITY MANAGER;PROVIDING
FINDINGS;PROVIDING THAT RESOLUTION NO.26-160SHALL BE OF
NO FURTHER FORCE OR EFFECT;AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the CITY issued Request for Proposals No.26-03 for City Manager Executive
Search Firm (the “RFP”);and
WHEREAS,Strategic Government Resources,Inc.,a Texas corporation authorized to do business
in Florida submitted a proposal dated April 8,2026,in response to the RFP (the “Prop0sa1”);and
WHEREAS.on Mav 26.2026.the City Commission of the City of Atlantic Beach,Florida (the
“City Commission”),adopted Resolution No.26-60,authorizing the City to enter into an
agreement with SGR for professional executive recruitment services to conduct a search for a
permanent City Manager (the “Recruitment Agreement”);and
WHEREAS,the Recruitment Agreement authorized by Resolution No.26-60 was never executed
by the City;and
WHEREAS,at its regular meeting on June 8,2026,the City Commission appointed Kevin
Hogencamp,who had been serving as Interim City Manager,to the position of City Manager of
the City of Atlantic Beach;and
WHEREAS,in light of that appointment,the executive recruitment services and City Manager
search contemplated by Resolution No.26-60 are no longer necessary;and
WHEREAS,the City Commission ?nds it to be in the best interest of the City to rescind
Resolution No.26-60 in its entirety and to con?rm that the authorization granted therein is of no
further force or effect.
NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Atlantic
Beach,Florida,that:
SECTION 1.Recitals.The foregoing recitals are true and correct and are hereby rati?ed and
incorporatedherein by reference.
SECTION 2.Rescission.Resolution No.26-60 is hereby rescinded in its entirety and is of no
further force or effect.Any and all authority granted by Resolution No.26-60,including any
authority to execute the Recruitment Agreement or any related contract with SGR,is hereby
withdrawn and revoked.
SECTION 3.Effective Date.This Resolution shall take effect immediately upon its adoption.
Agenda Item #8.D.
22 Jun 2026
Page 114 of 160
Curtis Ford,Mayor
ATTEST:
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,Florida,this
day of ,2026.
CITY OF ATLANTIC BEACH,FLORIDA
Jason R.Gabriel,City Attorney
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Agenda Item #8.D.
22 Jun 2026
Page 115 of 160
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:An ordinance amending Chapter 2,Article IX,City Fees,by creating a new
Division 6,Parks and Recreation Facility Fees,for the purpose of
consolidating city fees into a single chapter of the code;amending Chapter
5,Beaches,Parks,and Recreation,Section 5-32,to remove the existing fee
schedule,and reference the new fee location in Chapter 2
SUBMITTED BY:Amanda L.Askew,AICP,Neighborhoods Department Director
TODAY’S DATE:June 10,2026
MEETING DATE:June 22,2026
BACKGROUND:Staff presented the proposed recreational facility rental fee schedule to the City
Commission at its June 8 meeting.No comments or concerns were raised by the Commission,and staff
has proceeded with the proposed revisions as presented.
Staff is recommending adjustments to the recreational facility rental fee schedule to better align user fees
with the increasing costs associated with operating,maintaining,and preserving the City‘s recreational
assets.The current fee schedule has remained unchanged since 2012,despite substantial increases in labor
costs,utilities,maintenance materials,programming expenses,and overall facility upkeep during that
time.
The proposed fee revisions are intended to improve cost recovery while maintaining access to high-
quality recreational facilities and amenities for residents,community organizations,and other users.The
adjustments will help support the continued operation,maintenance,cleanliness,safety,and long-term
sustainability of City facilities,as well as ongoing investments necessary to meet community expectations
and service standards.
As part of the evaluation process,staff reviewed rental fees and pricing structures utilized by neighboring
municipalities and comparable recreational providers to ,assess current market conditions and regional
trends.While direct comparisons are limited due to differences in facility types,amenities,capacities,
locations,and service levels,the review con?rmed that the City's existing fee structure has not kept pace
with current operating costs or prevailing market rates.
In conjunction with the fee update,staff is recommending the relocation of Parks and Recreation facility
fees from Chapter 5 of the City Code to Chapter 2,Article IX,City Fees.Consolidating fees within a
single chapter will create a centralized location for all City fee schedules,improving accessibility,
administrative ef?ciency,and ease of use for both staff and the public while reducing potential confusion
regarding fee references throughout the Code.
Overall,the proposed revisions are intended to establish a more equitable,transparent,and ?nancially
sustainable fee structure that supports the continued operation,maintenance,and enhancement of the
City's recreational facilities for public use.
Agenda Item #9.B.
22 Jun 2026
Page 143 of 160
RECOMMENDATION:Review and vote on Ordinance
ATTACHMENT(S):Business Impact Statement
Ordinance No.5-26-76
Exhibit A
BUDGET:Underminednet gain
BY CITY MANAGER:
Agenda Item #9.B.
22 Jun 2026
Page 144 of 160
Business lm act Estimate Form
CITY OF ATLANTIC BEACH FLORIDA
Ordinance Title:An ordinance of the City of Atlantic Beach,Duval County,Florida,
amending Chapter 2,Article IX,City fees,by creating a new Division 6,Parks and
recreation facility fees,for the purpose of consolidating city fees into a single chapter of
the code;amending Chapter 5,Beaches,parks,and recreation,Section 5-32,User fees
for parks and recreation facilities,to remove the existing fee schedule,and reference the
new fee location in Chapter 2;providing for findings of fact,codification,applicability,
conflicts,severability,and an effective date.
Ordinance Number:5-25-76
Date:June 10,2026
Pursuant to Florida Statute 166.041(4),the City of Atlantic Beach has prepared this
Business Impact Estimate for the proposed ordinance described below.This estimate is
provided to inform the public and businesses of the potential economic impacts of the
proposed ordinance,as required by law.
1.Summary of the Proposed Ordinance (statement of public purpose):
The purpose of this ordinance is to update the City of Atlantic Beach's recreational
facility rental fee schedule to more accurately reflect the costs associated with the
operation,maintenance,preservation,and long-term sustainability of City recreational
facilities and amenities.The revised fee structure is intended to improve cost recovery,
.support continued investments in facility upkeep and customer service,and ensure that
residents,organizations,and visitors continue to have access to safe,clean,and high
—quality recreational facilities that enhance the quality of life within the community.
2.Estimated Direct Economic Impact on Private,For-Profit Businesses:
The following estimates outline the direct economic impact of the proposed
ordinance on private,for-profit businesses within the City of Atlantic Beach,as required
by Florida Statute 166.041 (4)(a)(2).
a.Estimated Direct Compliance Costs
increases
b.Identification of New Charges or Fees
Agenda Item #9.B.
22 Jun 2026
Page 145 of 160
.Increase park pavilion fees from $25 to $35.Increase camping fees from $25 to $35.Increase Gail Baker and Jordan Community Center fees from $25 per hour
to $35 per hour.Add new fee for new community Center (Marsh Oaks Community Center).Increase non-profit rental fees for centers from $50 to $70 (Friday through
Sunday)and increase from $25 to $35 (Monday through Thursday)
0 Increase fees for facilities with events with alcohol from $100 per hour to
$150 per hours
c.Estimated Municipal Regulatory Costs (including estimated revenues from
any new charges or fees to cover such costs).No significant municipal regulatory costs are anticipated.
3.Good Faith Estimate of Businesses Likely Impacted.Very few businesses are impacted most of the rentals are individuals.
4.Additional Information
The revised fee structure is intended to improve cost recovery,support continued
investments in facility upkeep and customer service,and ensure that residents,
organizations,and visitors continue to have access to safe,clean,and high-quality
recreational facilities that enhance the quality of life within the community
Posted on:June 12,2026
Website:https://coab.us/
Note:This Business Impact Estimate is provided in compliance with Florida Statute
166.041(4).Certain ordinances,such as those related to budgets,debt issuance,or
compliance with federal or state law,may be exempt from this requirement.
BUSINESS IMPACT ESTIMATE EXEMPTIONS
Pursuant to Section 166.041(4),Florida Statutes,the City of Atlantic Beach,Florida is
required to prepare a Business Impact Estimate for Ordinances that are NOT exempt
from this requirement.
A list of Ordinance exemptions are provided below.Please check all exemption boxes
that apply to this Ordinance.If an exemption is applicable,a Business Impact Estimate
IS NOT required.
Agenda Item #9.B.
22 Jun 2026
Page 146 of 160
The proposed ordinance is required for compliance with Federal or State law or
tion;
The proposed ordinance relates to the issuance or refinancing of debt;
The proposed ordinance relates to the adoption of budgets or budget
ments,including revenue sources necessary to fund the budget;
The proposed ordinance is required to implement a contract or an agreement,
ing,but not limited to,any Federal,State,local,or private grant or other financial
assistance accepted by the municipal government;
The proposed ordinance is an emergency ordinance;
Code.
The ordinance relates to procurement;or
The proposed ordinance is enacted to implement the following:
a.Development orders and development permits,as those terms are defined
in Section 163.3164,Florida Statutes,and development agreements,as authorized by
the Florida Local Government Development Agreement Act under Sections 163.3220-
163.3243,Florida Statutes;
b.Comprehensive plan amendments and land development regulation
amendments initiated by an application by a private party other than the municipality;
0.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention
If none of the boxes above are checked,then a Business impact Estimate IS FlE IRED
to be completed.
Agenda Item #9.B.
22 Jun 2026
Page 147 of 160
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ORDINANCE NO.5-26-76
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,DUVAL COUNTY,
FLORIDA,AMENDING CHAPTER 2,ARTICLE IX,CITY FEES,BY
CREATING A NEW DIVISION 6,PARKS AND RECREATION FACILITY
FEES,FOR THE PURPOSE OF CONSOLIDATING CITY FEES INTO A
SINGLE CHAPTER OF THE CODE;AMENDING CHAPTER 5,BEACHES,
PARKS,ANDRECREATION,SECTION 5-32,USER FEES FOR PARKS AND
RECREATION FACILITIES,TO REMOVE THE EXISTING FEE
SCHEDULE,AND REFERENCE THE NEW FEE LOCATION IN CHAPTER 2;
PROVIDING FOR FINDINGS OF FACT,CODIFICATION,APPLICABILITY,
CONFLICTS,SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach Code of Ordinances currently contains fees set forth in
multiple chapters,which can create confusion and inef?ciency in administration and public
understanding;and
WHEREAS,the City of Atlantic Beach desires to relocate fees when updating fees currently set
forth in various sections of the Code into a single,centralized location within Chapter 2 as such Code
sections are amended and updated;and
WHEREAS,the City of Atlantic Beach owns,operates,and maintains recreational facilities and
amenities that provide valuable opportunitiesfor community recreation,events,programs,and public
gatherings;and
WHEREAS,the City is committed to providing residents,organizations,and visitors with safe,
clean,and well-maintainedrecreational facilities that enhance the quality of life within the community;
and
WHEREAS,the current recreational facility rental fee schedule has remained unchanged since
2012 despite substantial increases in operational and maintenance costs over the past decade;and
WHEREAS,the costs associated with labor,utilities,maintenance materials,facility repairs,
programming,custodial services,and overall facility upkeep have increased signi?cantly since the current
fee schedule was established;and
WHEREAS,periodic review and adjustment of user fees are necessary to ensure that rental rates
more accurately re?ect the costs incurred by the City in providing and maintaining recreational facilities
and services;and
WHEREAS,the proposed fee adjustments are intended to improve cost recovery for the
operation,maintenance,preservation,and long-term sustainability of the City’s recreational assets while
continuing to provide access to high-quality public amenities;and
WHEREAS,the proposed revisions will help support ongoing investments in facility
maintenance,cleanliness,safety,customer service,and capital preservation efforts that bene?t facility
users and the community as a whole.
Ordinance No.5—26-76
Page 1 of2
Agenda Item #9.B.
22 Jun 2026
Page 148 of 160
NOW,THEREFORE,BE ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Re ulations Amended.The fees found in Chapter 5 Beaches,Parks and Recreation
Section 5-32 are being updated and relocated to a new Division 6 in Chapter 2 Administration,as more
fully set forth and described in Exhibit A,attached hereto and made part hereof,and hereby adopted to
read as shown in said Exhibit A.
SECTION 2.Fur ose and Intent.The purpose and intent of this Ordinance are to update parks
and recreation facility fees and move fees into Chapter 2.
SECTION 3.Con?ict.A11 ordinances,resolutions,official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in con?ict with this Ordinance are
repealed to the extent inconsistent herewith.
SECTION 4.Severabilit .If a Court of competent jurisdiction at any time finds any provision of
this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed severable
and removed from the remaining provisions of this Ordinance which shall remain in full force and intact.
SECTION 5.Codification and Scrivener’s Errors.The publisher of the City of Atlantic Beach’s
Code of Ordinances,the Municipal Code Corporation,is hereby directed to incorporate the changes to
Chapter 2 (Exhibit A)into the City’5 Code of Ordinances.Sections of the Chapter may be renumbered or
re-lettered and scrivener’s errors,formatting and typographical errors and other minor,inadvertent
graphical errors in Chapters 2 and 5 which do not affect the intent may be authorized by the City Manager
and City Attorney without the need of public hearing,by filing a corrected or re-codified copy of same
with the City Clerk.
SECTION 6.Effective Date.This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this day of ,2026.
PASSED by the City Commission on second and final reading this day of
2026.
CITY OF ATLANTIC BEACH
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Curtis Ford,Mayor
Jason Gabriel,City Attorney
Ordinance No.5-26-76
Fame 2 of 2
Agenda Item #9.B.
22 Jun 2026
Page 149 of 160
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DIVISION6.-PARKS AND RECREATIONFACILITIESFEES
Sec.2-600.Schedule of user fees for arks and recreation facilities.
The use of ublic arks and recreation facilities within the cit and fees for such use shall be as set forth
within this section.
One-time events at the Jordan Park Communit Center or Donner Park Communit Center.
1 One hundred fort dollars 140.00 for four 4 hours and thirt —fivedollars 35.00 for each
additional hour.
De osit re uired:Two hundred dollars 200.00 refundable if no dama e to facilit the facilit is
cleaned after use and no violation of ark rules or cit ordinances.b Recurrin use of an cit
facilit or :ark b 501 c 3 not—for-rofit rou s nei hborhood or homeowner associations with
a roved usera reement for six 6 or more times er ear durin non remium hours.
1 Monda throu h Thursda Thirt -five dollars 35.00 er event or activit with a maximum dail
rate of 380.
2 Frida throu hSunda sevent dollars 70 erevent oractivit withamaximum dail rate of
780.
2 De osit re uired:Fift dollars 50.00 refundable if no dama e to facilit the facilit is cleaned
after use and no violation of ark rules or cit ordinances.
3 "Premium hours"are identified as:
5:00 .m.or later
All day
Noon or later
A re etitive use not-for-rofit homeowner or nei hborhood association ma re uest usa e of
remium da 5 times at the thirt -five dollars 35.00 er event rate.However within seven 7 da 5
of the scheduled event if another rou wishes to rent the facilit at the full usa e rate then the
re etitive use not-for—rofit homeowner or nei hborhood association ma be relocated to another
facility.
If a re etitive use not-for—rofit homeowner or nei hborhood association wishes to secure the facilit
for :remium da 5 times then the will be re uired to a the full usa e fees for the rental.
Private events at the Adele Gra e Cultural Center Monda throu h Thursda :
1 Fift‘;dollars 50.00.tier hour with a maximum dail.fee of four hundred dollars 400.00 .
2 De osit re uired:Two hundred dollars ‘200.00 refundable if no dama e to facilit the facilit
is cleaned after use and no violation of ark rules or cit ordinances.
Individual events at the Adele Gra e Cultural Center and Marsh Oaks Communit Center Monda
throu h Thursda b 501 c 3 not—for—rofit rou s nei hborhood or homeowner associations:
1 Thirt —fivedollars 35.00 er hour with a maximum dail fee of three hundred ei ht dollars
{$380.00}.
2 De osit re uired:Two hundred dollars 200.00 refundable if no dama e to facilit the facilit
is cleaned after use and no violation of ark rules or cit ordinances.
ExhibitA to Ordinance No.5-26-76
F?day
Saturday
Sunday
Agenda Item #9.B.
22 Jun 2026
Page 150 of 160
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Private events at the Adele Gra e Cultural Center and Marsh Oaks Communit Center Frida throu h
Sunday:
1 Four hundred dollars 400.00 for four 4 hours and one hundred dollars 100 for each
additional hour.
2 De osit re uired:Two hundred dollars 200.00 refundable if no dama e to facilit the facilit
is cleaned after use and no violation of ark rules or cit ordinances.
Individual events at the Adele Gra e Cultural Center and Marsh Oaks Communit Center Frida
throu h Sunda b 501 c 3 not-for—rofit rou s nei hborhood or homeowner associations:
1 Sevent dollars 70.00 .er hour with a maximum dail fee of seven hundred ei ht dollars
($780.00).
2 De osit re uired:Two hundred dollars 200.00 refundable if no dama e to facilit the facilit
is cleaned after use and no violation of ark rules or cit ordinances.
For events or activities at an cit facilit involvin the use of alcoholic bevera es.The rovisions of
cha ter 3 of this Code shall also a:l .
1 Six hundred dollars 600.00 forfour 4 hours and one hundred fift dollars 150 for each
additional hourfor an event servin beer wine or an t eof alcoholic bevera es.
2 Re uiresoff—dut oliceofficer aidb rental art at revailin hourl rate.
3 Must receive riora rovalofas ecial event ermitfromthe cit mana er.
4 Use of alcoholic bevera es is not ermitted in cit arks or on the beach and alcoholic bevera es
must be contained within the buildin a roved to host such event.
5 No fee ticket or other t e of com ensation shall be char ed for alcoholic bevera es at an
activit at cit facilities.
6 Violation of these rules ma be cause for forfeiture of an de osits.
Lost ke card char e:Twent dollars 20.00.
Cam in at Dutton Island Preserve.
Thirt five dollars 35.00 er cam site.|Events at an cit facilit ut onb an unit offederal state
or local overnment shall be exem t from an of the fees re uired in this section.
All5 ecial events re uests not .reviousl addressed in this section of the Cit Code will be assessed a thirt -
five dollar 35.00 a lication fee when submitted for rocessin .
Sales tax for the rental of cit facilities shall be the res onsibilit of the renters.
0 Park avilions
1 Thirt -five dollars 35.00 er avilion 4hours and 10 eradditional hour
2 Node osit is re uired
(Ord.No.95-03-82,§1,1-27-03;Ord.No.95-05-89,§1,4-11-05;Ord.No.95-07-93,§1,2-26—07;Ord.No.95—
10-100,§1,5-10-10;Ord.No.95—12-105,§1,5-14-12)
Exhibit A to Ordinance No.5-26-76
Agenda Item #9.B.
22 Jun 2026
Page 151 of 160
Sec.5-32.User fees for parks and recreation facilities.
Pursuant to fees in Cha ter 2.
Exhibit A to Ordinance No.5-26-76
Agenda Item #9.B.
22 Jun 2026
Page 152 of 160
Exhibit A to Ordinance No.5—
Agenda Item #9.B.
22 Jun 2026
Page 153 of 160
Page 154 of 160
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:An ordinance amending Chapter 23 Protection of trees and the natural
environment,to include a new de?nition of Landmark Live Oak trees and
related regulations.
SUBMITTED BY:Amanda L.Askew,AICP,Neighborhoods Department Director
TODAY’S DATE:June 11,2026
MEETING DATE:June 22,2026
BACKGROUND:During the May 2 Town Hall meeting,the City Commission expressed a
strong interest in strengthening protections for the City‘s mature live oak tree canopy and directed staff
to develop an expedited approach to preserve the community's most signi?cant oak trees.
In response to this direction,staff has prepared proposed amendments to Chapter 23 0f the Code of
Ordinances.The proposed amendments would establish a new classi?cation known as "Landmark Live
Oak Trees"and create enhanced review,relocation,and mitigation requirements intended to discourage
their removal while recognizing circumstances where removal may be unavoidable.
The Environmental Stewardship Committee (ESC)has also made a recommendation for the protection
of older maritime trees.
Live oak trees are among the most signi?cant natural assets within the City.Mature live oaks provide
extensive environmental,economic,and aesthetic bene?ts that accumulateover many decades and cannot
be readily replaced once lost.
According to estimates published by the International Society of Arboriculture,a typical live oak tree
with a trunk diameter of:
20 inches approximately 70 to 120 years old
25 inches approximately 85 to 150 years old
30 inches =approximately 105 to 180 years old
35 inches =approximately 120 to 210 years old
As a result,many of the City's largest live oak trees represent generations of growth and stewardship.
These trees provide signi?cant ecological functions,including:
-Stormwater interception and reduction of 'Urban heat island mitigation and shade
runoff production
'Carbon sequestration and greenhouse gas 'Enhanced neighborhood aestheticsand
reduction community character
-Improved air quality 0 Increased property values and overall quality
-Wildlife habitat and biodiversity support of life
Agenda Item #9.C.
22 Jun 2026
Page 155 of 160
RECOMMENDATION:Review and vote on Ordinance
ATTACHMENT(S):ESC minutes With the recommendation
Ordinance No.95-26—128
Once a mature live oak tree is removed,replacement trees may require many decades before providing
comparable canopy coverage and environmentalbene?ts.Consequently,preservation of these trees serves
an important public purpose and contributes to the City's long-term environmentalresilience.
To address these concerns,staff proposes amendments that would establish a "Landmark Live Oak Tree"
designation for live oak trees meeting a minimum diameter-at—breast—height(DBH)threshold to be
determined by the City Commission.
The proposed amendments would:
-De?ne and identify Landmark Live Oak Trees within the City Code;
0 Designate Landmark Live Oak Trees as regulated trees citywide;
-Require a tree removal permit for any proposed removal;
'Require review of hazard determinations through an independent third-party arborist retained by the
City;
-Authorize the City to require relocation of a Landmark Live Oak Tree when determined feasible,with
all relocation costs paid by the applicant;
0 Require approval by both the Community Development Board and City Commission before removal
may occur;
-Establish enhanced mitigation requirements for approved removals;
°Establish increased mitigation penalties for unauthorized removals;and
-Limit mitigation credit eligibility to approved replacement live oak trees meeting minimum caliper
requirements.
The proposed process is intended to strongly discourage removal while still providing a mechanism for
consideration of unique site constraints and circumstances where preservation is not feasible.
PROPOSED ORDINANCE STANDARDS
The draft ordinance provides that Landmark Live Oak Trees may only be removed upon demonstrationby
the applicant that:
1.The proposed development or construction activity cannot reasonably occur elsewhere on the
property;or
2.Removal is unavoidable due to site conditions or design constraints beyond the applicant's control.
In addition,prior to approving removal,the City may require relocation of the tree if determined to be
feasible by quali?ed professionals.
BUDGET:Unknown
REVIEWED BY CITY MANAGER:
Agenda Item #9.C.
22 Jun 2026
Page 156 of 160
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Todd Miner supported taking advantage of the current political moment,agreeing that
focusing on the most important elements made sense given the rare alignment of public
and commission support.
Planner Jamieson indicated that staff was looking at 20 inches DBH as the threshold and
suggested the committee would be very pleased with staff's proposal,though it hadn't
been reviewed by the city manager yet.
Dan Giovannucci presented a comprehensive motion addressing the discussion points.
His proposal included designating all maritime trees over 20 inches DBH as protected
landmark trees with several requirements:a statement of infeasibility to retain the tree
with criteria including alternative building design statements from architects or design
engineers;health and risk review from certi?ed arborists;minimum 30-day timeout for
examination by city arborist or consulting arborist if there was disagreement;and if no
alternatives could be found,presenting the case to commission for approval while still
requiring appropriate mitigation unless the tree was dead or clearly dangerous.
Bruce Andrews requested a friendly amendment to clearly state that infeasibility
determinationsshould not be made by arborists,emphasizing the importance of having
the right professional assess design alternatives.
MQIION:That the city designate all maritime trees 20 inches DBH or greater as protected
landmark trees,unless the tree is dead or a clear danger.This would require proof of infeasibilit
ytoretainthetree,with criteria including alternative building design statements from architect
sordesignengineers,ISA risk review from quali?ed certi?ed arborists,minimum 30-day timeout
for examination by city arborist,and if no alternatives are found,presentation to city
commission.If approved by commission,appropriate mitigation for actual tree type and size
would still apply.
Motion passed 7 to 0.
General Fund Budget Discussion
Chair Palmer reported on her discussion with Director Askew about ESC budget support.
She con?rmed that staff support for ESC priorities did include budgetary support,with
staff putting together their budget keeping ESC priorities in mind.
For their major priorities,Chapter 23 work and most tree fund items were covered under
existing budgets.Florida Friendly initiatives were seen as more of a cultural shift than
requiring extra dollars initially.The parks plan and stormwater management were staff-
led initiatives.The Marsh pilot project had Steve Swan putting together funding with
grants and contingencies.
Environmental Stewardship Committee (ESC)
May 13,2026
Motion:Daniele Giovannucci
Second:Bruce Andrews
Agenda Item #9.C.
22 Jun 2026
Page 157 of 160
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,:III ;----III II I II‘I I:
ORDINANCE NO.95-26-128
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,DUVAL COUNTY,
FLORIDA,AMENDING CHAPTER 23,PROTECTION OF TREES AND NATIVE
VEGETATION,OF THE CODE OF ORDE‘IANCES;AMENDING ARTICLE II,
LANGUAGE AND DEFINITIONS,SECTION 23-8,DEFINITIONS,TO ADD A
DEFINITION FOR LANDMARK LIVE OAK TREE;AMENDING ARTICLE IV,
DIVISION 5,AREAS OF SPECIAL CONCERN,TO CREATE SECTION 23-42,
LANDMARK LIVE OAK TREES,ESTABLISHING REGULATIONS,
PRESERVATION STANDARDS,REMOVAL CRITERIA,RELOCATION
REQUIREMENTS,AND MITIGATION REQUIREMENTS FOR LANDMARK
LIVE OAK TREES;PROVIDING FOR FINDINGSOF FACT,CODIFICATION,
APPLICABILITY,CONFLICTS,SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the City Commission conducted a Town Hall meeting on May 2,2026,during which
the preservation of the City's mature live oak tree canopy was identi?ed as a community priority;and
WHEREAS,the City Commission directed City staff to develop an expedited approach to
strengthen protections for the City‘s most signi?cant and mature live oak trees;and
WHEREAS,mature live oak trees are among the City's most valuable natural resources and
contribute substantially to the enviromnental,aesthetic,historic,and cultural character of the community;
and
WHEREAS,mature live oak trees provide signi?cant public bene?ts,including stormwater
interception,carbon sequestration,air quality improvement,urban heat island mitigation,wildlife habitat,
and energy conservation;and
WHEREAS,mature live oak trees enhance neighborhood character,increase property values,
improve quality of life for residents,and contribute to the City's long-term environmentalresilience;and
WHEREAS,according to information published by the International Society of Arboriculture,live
oak trees of substantial trunk diameter may be many decades to more than two centuries old,representing
natural assets that cannot be readily replaced within a human lifetime;and
WHEREAS,the loss of mature live oak canopy requires many decades to restore and may result in
the permanent loss of environmental and community bene?ts;and
WHEREAS,the City Commission ?nds that certain exceptionally large and mature live oak trees
warrant special recognition and enhanced protection due to their age,size,ecological value,and
contribution to the City's urban forest;and
WHEREAS,the City Commission desires to establish a classi?cation for such trees as "Landmark
Live Oak Trees"and to designate those trees as regulated trees throughout the City;and
WHEREAS,the City Commission ?nds that the removal of Landmark Live Oak Trees should be
strongly discouraged and permitted only when demonstratedto be unavoidable or necessary under standards
established by this ordinance;and
Ordinance No.5-26—75
Page 1 of 3
Agenda Item #9.C.
22 Jun 2026
Page 158 of 160
WHEREAS,the City Commission further ?nds that relocation of Landmark Live Oak Trees,when
determined to be feasible by quali?ed professionals,should be considered prior to approving removal in
order to preserve these signi?cant community resources;and
WHEREAS,enhanced mitigation requirements are necessary to account for the extraordinary value
of Landmark Live Oak Trees and to discourage unauthorizedremoval;and
WHEREAS,the City Commission ?nds that requiring review by the Community Development
Board and ?nal approval by the City Commission for the removal of Landmark Live Oak Trees promotes
transparency,accountability,and protection of the public interest.
NOW,THEREFORE,BE ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Code of Ordinances Amended to add a new de?nition to Section 23-8 and a new
section 23-42.Amend Section 23—8to add a new de?nition of a landmark oak tree and New Section 23-42
—Landmark Oak trees is hereby added to the Code of Ordinances to the City of Atlantic Beach,Florida as
follows:
Section 23-8 de?nitions
Landmark live oak trees are live oaks at least (amount to be determined)inches of diameter at breast height
(DBH)or greater.
Section 23-42
Landmark Oak Trees
Landmark live oak trees,as de?ned in Section 23-8,are considered regulated trees in all areas of the city,
and their removal is strongly discouraged.Notwithstanding any state regulations to the contrary,a tree
removal permit is required to remove any landmark live oak.If an applicant proposes removal based on a
certi?ed arborist's report deeming the tree a hazard to persons or property,the City will retain an
independent,third-party arborist to evaluate the tree.Prior to approving any removal,the City reserves the
right to require the relocation of the tree(s)at the applicant’s sole expense.Final approval for removal must
be granted by both the Community Development Board and the City Commission.If mitigation is
authorized by the City Commission,the mitigation rate shall be (determined by the City Commission).If a
landmark live oak is removed without a permit,the mitigation rate for that tree shall be (to be determined
by the City Commission).Planting mitigation credits are only available for planting replacement live oaks
with a minimum 4-inch caliper,subject to prior City staff approval of a landscape plan.Landmark live oaks.
Removal may be approved by the City Commission upon demonstration by the applicant that the
development or construction activity cannot occur in any other location on the site,or that removal is
unavoidable due to site conditions and/or design considerations beyond the control of the applicant.
SECTION 2.1nco oration Codi?cation Scrivener’s Errors Con?ict and Severabilit .
Ordinance No.5-26-75
Page 2 of 3
Agenda Item #9.C.
22 Jun 2026
Page 159 of 160
(a)It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the City of Atlantic Beach,Florida,and that
the sections of this ordinance may be renumbered or relettered and that the word "ordinance"may be
changed to "section,""article,"or other appropriate word.
(b)The publisher of the City of Atlantic Beach’s Code of Ordinances,the Municipal Code Corporation
(www.municode.com)is hereby directed to incorporate the revised and amended Code provisions provided
herein into the City’s Code of Ordinances.Sections of Chapter 5 may be renumbered or re—letteredand
scn'vener’s errors,formatting and typographical errors and other minor,inadvertent graphical errors in
Chapter 5 which do not affect the intent may be authorized by the City Manager and City Attorney Without
the need of public hearing,by ?ling a corrected or re-codi?ed copy of same with the City Clerk.
(c)All Ordinances,Resolutions,Code of Ordinances or parts of thereof in con?ict herewith are hereby
repealed to the extent of such con?ict.
((1)If any word,phrase,clause,subsection,or section of this Ordinance is for any reason held
unconstitutional or invalid by a court of competent jurisdiction,the invalidity thereof shall not affect the
validity of any remaining portions of the Ordinance.
SECTION 3.Effective Date.This ordinance shall take effect upon ?nal reading and approval.
PASSED by the City Commission on ?rst reading this day of ,2026.
PASSED by the City Commission on second and ?nal reading this day of ,2026.
CITY OF ATLANTIC BEACH
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Ordinance No.5-26-75
Page 3 of3
Curtis Ford,Mayor
Attest:
Agenda Item #9.C.
22 Jun 2026
Page 160 of 160