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11-01-96our 800 MHZ communications system. ATTACHI~fENTS: NONE REVIEWED BY CITY MANAGER: ~a CITY OF ATLANTIC BEACH "/~~/~~ CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Communications Consulting Request SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: November 18, 1996 BACKGROUND: During the 1995-96 fiscal year, the City obtained communications consulting services to provide direction and guidance for the selection of an 800 MHZ system. These services were very helpful, and they steered the City in the direction of the E.F.lohnson system which was currently in operation in Jacksonville. As a result, the City (Police, Fire, Public Works, City Hall) is currently operating on 800 MHZ with their mobile and portable radios that were purchased off of existing government contracts. However, the Department of Public Safety needs to install a communications console. This console unit will coordinate the communications between Police, Fire, Rescue, Public Works, and other agencies. The console is the central point of the system, and it is critical to assure that it is designed and installed properly. Original estimates on placing two (2) console units in the communications center were about $15,000 each. With the additional connections, installation, etc. the total was between $40,000- 50,000. In August, E.F.Johnson provided an estimate to us for over $96,000. We rejected it. Since that time, E.F.Johnson has come down in price, with different equipment, to approximately $71,000. Although I do not know much about such systems, 1 am not convinced that this would be a wise expenditure of City Funds. On November 15, 1996, Asst. Chief Campbell and Director Thompson met with Clay County Sheriffs Department staff members to discuss the equipment. Clay County has been building an 800 MHZ system with E.F.Johnson for over two (2) years. To summarize their recommendations, they suggested enlisting the services of a good consultant who knows the systems, including the engineering of such communications systems. They stated clearly that we would not be wise to allow the people selling the equipment to tell us what we need, which confirmed our opinions in this matter. Clay County praised their existing communications consultant for identifying the needs of their organization and troubleshooting their system. They felt that their consultants were exceptionally well qualified, and they recommended them for assisting us with our system. They felt that their consultants had saved them money as well as improved the system. RECOMMENDATION: We recommend that the City Commission authorize staff to negotiate with professional communications consulting firms for their review and guidance in completing ~'I'I'Y Gf' :~TLA1'T1C }3E~CH ~T;1FF I;EPCRT' SUBJECT: Front-wheel drive mid-size vehicle SUBMITTED BY: John Campbelpi DATE: 11-16-96 BACKGROUND: In recent conversations with the Ford Motor company, they do not believe that they will be producing the full size Crown-Victoria vehicle for police work after the 1997 model year. Chevrolet has already ceased producing the full size police vehicle as of 1996. if Ford ducontinuts the full see vehicles, it wi6 become oeceasary for us to consider the mid-size vehicles, either the Ford Taurus, or the Chevrolet Lumina. Since these vehicles are mid- sizeand front wheel drive, it is unknown how they will funMion as police patrol vehicles in the City of Atlantic Beach, for their interior room, sod the maintenance requirements. RECOMMENDATION: I recommend, that as a pilot program, the city purchase one mid-size vehicle for police patrol to determine the above information. There was 516,000 dollars budgeted for a vehicle for the City Manager for fiscal year96-97. I recommend that the police department take one of the 1995 Fords out of police service and assign it to the City Manager as his vehicle, and transfer the 516,000 to the police department budget and purchase one mid- size vehicle off of state contact, and outfit it for police patrol duties to determine the practicality of this type of vehicle for use in Atlantic Beach. "- ATTACHMENTS: REVIEWED BY CITY MANAGER: AGENDA ITEM: ~~ t t/a~/~d RESOLUTION NO. 96-53 A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers from one fund to another, and WHEREAS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustment from time to time. NOW, THEREFORE, BE IZ' RESOLVED by the City Commission of the City of Atlantic Beach, that the following Budget ModiScaUion be approved for the 1996/97 budget: slo-loot-slz-baol City Manager Vehicles S - 16,000.00 001-2002-521-6401 Police Patrol Adopted by the City Commission this 25th day of November, 1996. + 16,000.00 Lyman T. Fletcher Mayor Pro Tem/Presiding Officer Approved as to forth and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Maureen King, CMC City Clerk 5A RESOLUTION NO. 96-52 ~ i~as~q~ A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RESCHEDULING THE TIME AND PLACE FOR A PUBLIC HEARING ON A PROPOSAL TO LEVY A SPECIAL ASSESSMENT FOR A SEWER LINE TO SERVE THE PROPERTY OWNERS BETWEEN 16TH AND 20TH STREETS ON BEACH AVENUE, AND ON SECTIONS OF DEWEES AVENUE, SHELL STREET, COQUINA PLACE, OCEAN BOULEVARD AND SEMINOLE ROAD, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Atlantic Beach intends to install a sewer line to serve the property owners between 16th and 20th Streets on Beach Avenue, and on sections of Dewees Avenue, Shell Street, Coquina Place, Ocean Boulevard and Seminole Road and WHEREAS, on October 28, 1996, the City Commission adopted Resolution No. 96-50 declaring a special assessment on said project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission does hereby set a public hearing for the public to be heazd at 7:15 PM on Tuesday, January 21, 1997, in the City Commission Chambers, City Hall, 800 Seminole Road, Atlantic Beach. At such meeting the owners of the property to be assessed or any other persons interested therein, may appeaz before the City Commission and be heard as to dre propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount therefor to be assessed against each property so improved. Section 2. This resolution shall take effect immediately upon its final passage and adoption. Passed by the City Commission this 25th day of November, 1996. Lyman T. Fletcher MayorlPresiding Officer ATTEST: Maureen King, CMC City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney COMMISSION MEETING: AGENDA ITEM NO. _ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA: Resolution No. 96-52 SUBMITTED BY: Maureen King, City Clerk 5A ~i/a5/q~ DATE. November 20, 1996 BACKGROUND: At the Commission meeting of November 11, 1996, the City Commission adopted Resolution No. 96-51 setting a public hearing on the proposed Beach Avenue sewer assessments for January 20, 1997. Unfortunately, we have discovered that this date is Martin Luther King's Birthday which is a holiday for aty employees. We have therefore, drafted another resolution rescheduling the public hearing for Tuesday, January 21, 1997. RECOMMENDATION ATTACHMENTS: Adoption of Resolution No. 96-52 Resolution No. 96-52 REVIEWED BY CITY MANAGER: Pt!ESLIC 11'ORKS DEPARTMEN-1' PRO1F-CT STATUS REPORT - (D)=Deagn Fsproer (CERp= ConstrucYim EnfJnttr (C~=Contrsdor C~forms\prglisLNPd wM ^Pdoa '' ~,~~,rr~ Y~~~ PROJECT DFSCR~1'ION PROJECT NO. - STATUS oo I1N1N6 SiATVS eo 11/06196 STATL!S oo l l/IS/% 1. O.4K IiARBOR K'ATER - 91-BAH Installed water lint m Galapagos Avc. R Sumpct Began sewer point rcpaos 6 various lormoas and Bceen aua iinc m Sebago Ave. and eootrutred R SEINER REHAA. (D)=Gee R Jenson Ave. North Ran pressure test m Spokane Strea fwshing Spokane Seat Cottsidaing a redttetim sower pow rrpairs Rebored Mdrants fa barer OA'-9601 (C)=Mderime water line. in the number of new hydrants. covasde. 2. DffCHSPRAI'ING 93-Pal-DITCH Sprayed Skate Road ditch. Hoavtll Parl~ FDO7' Received proposal to clean-0Irt canal G~ Jim Jacques R Bob Kosq'thecltd lagom s}'stem (C)=\'ortea ditrb and Ctity Hall ueas !.(s)port Reed rleu Fleet Landing to A-1-A by by boat to Flea Landing and noted soma Salt Mush (outside City' limits). blockades. Informed Cmtracta. 3. IASMINE STREET RE71?~TTON 92•H Finishtd flap Gut m Outlet Siruclurc. Finished oil skimmer m outlet stnxnur Contractor regtusted final tnspcctim POND - 51:9501 (D) =1GJ (C)=SNS Cond. 4..4TL4N'I7C BEACH 11'A7'ER LINES (D) PR' ! E7I1 Staff reviewing all plans vs. budgauy funds. Staff miewing all Plans vs. btdgaary finds. Staff reviewing ell plans vz budgetary Curds. d.4. BEACH A\'E - 11'.47-ER R SE\t-ER .4R'-9603 Constructed sewer lint m Beach Avc. bctuew Contracts complcttd stwa lint to intcrscclim of Cmtreaa began sewtt ts~ak benvcm !SN St R INPRO\-E.MEITS (D)=GKJ 19th St. to 20th St. 19th Sr X Beach Avawe 19th Svat. (C)=Callaway i. ADDITIONAL GROUND CIP-8W-6 Contreaa working m punch list items CaWaga waking m punch liri items. Cantrador nearh~ fwshed pooch list itKltdina STORAGE R Hl'ORO TANK D=Sims R C=FJeach well ebatdonment+. AwartmR s°Smt¢al oCclose AT ASSISI TAME - N~-IP (CERp=S R G out documents 6. HIDDEN CO1T. 96-&HC Rnicwing information Gom Florida Sound Gxvc topics oC sound tnitigatrm infotma[ioa !o Ham McNalh~ ma with acouttia rcprescnlanvx (D)-Lucas Ham' Me\ally. ScJKduled meeting Ca 1 I X14 Gom Atlanta on I 1 ~ 1 ~~95 (C)=Callt[ ttl[h aCOLLSll6 rC}1rCSmlali~C. RLCC1~Yd ' prelitnwry AS-Bttilts m 102896. 7. METER R:STAl.!_AT1ON TR9501 Total of 30 meters remain to be ehanoed Tout of 30 tnaers remain to be cltulged Total oC 30 teeters remain to be dungal S. 11LANCIS CO\F 9S-FC Awaiting mired As-Bttilts from Engineer P'ata .Taw ran line m RitJtardsoa Lace m compty Awai[iug mired As-BtWU Gam Eaginar (D)=Nagan /Wallis with HRS permit C=Ra,s Plumbing 9. PIONEER DRII~-E %•B•BN~%01 Hdd 5oa1 mspocUm m 11 COI N6 and transmitted Rrcrivod Rrgocst Cor Final Paymrnt m I1!7N6 Reviaved Final Pa}mtm documtNS and wi8 hold (Maypo:t Road) (D)=LnrpC Ptmrh List m Cmtraaa utltil pinch Iin it complac. (C)=AA Septic 10. 4TLi•AGE OF MAl'PORT 96-B-1~:Ai Stiff to review 90Y. plans Staff tumplUed revxw of 909E plans. Tnnvintled 90°/ r^^^^^^" m Karl Rankin (D)=lo8asarv' MU,dams STORMWATER MASTER PLAN 11 Sli%01 NotrBed retddeats of Special Meeting m 11/0796 Held Spatial Commission Meeting m 11/1/% and Provided dvoaim to r:.+ regrdiog 12' din. . CORE Cf1Y L :1LTTY PROJECT (D)=F~Jend rqurdog wfi and gotta Fsgima dirnaed to dew Wee fa Rebea wets Imo. dreirtete in .ianiN of East Coast Ihive Th;m` R Miller loharrsa Pule atd tsrb Q gtrtta in Ctae City. ®d 64' dta. lire m 1 Ith Street. Received info. From Ja>< Berl m paw strioos. 12. BUCCA^EER K'K'I'P BS9601 P'ovided AsBuil[ mformatim m Chlorine Reccisxd revisal Prdsmmaty Desigp Report EXPANSION (D)=EDER Assoc. CmuU mmba Io Engineer. TnntmittM permit Cmtm_~atw fa coordinate completion ~ survey epphtatim m FDEP work 13. WATERLBgE FOR MOTRO AT (D)=l.ttcat Awaiting test restil[s m water Iinc Retnaed prelimiorr A's-Bnilu ud easement Awaiting perAsge Gom F~ginea to atcepuatt of 1079 Atlantic Blvd (CpMGA Cms[. desrziptim line 14. New Kell et RTP :? A11'9601 Staff will tmsida miring spetiGutions to bid Sod will consider revisimg spei5catims to bid $uff wi11 caasider revising specifications b bid (D)=1.uca two wells. taco tvclls. two wells. I t_ Bikini Bach Serer Ev'irnstm AS-%01 CootrsGa m rcocive Notice to Proceed Cmvrta received Notice To Protxed Cohuaaa to star work ta->;t wok. (D}L R 11' (C)=MGA Atlantic Blcd. Qdvcrt 16 96-AB-CI.'L~' Meeting m be hdd I I /596 fa disaasion of Held mee>vog m 11 /596 al City Hall wiin Cin~ at Prawsauaim Cadaeoce u Cin oClat and . (C}BGCO project Jacksa:vilk R FDOT reprtseautrva Cmtrada issued Naicc To Proatd m 1 li 1 J% CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY .~~. it--~- ii `~"° ii ,''~ y, ray rn.ywryn na ,~npr w.wr~ •uGUST •9N PI,IILIC R'ORKS DEPARTMENT PROJECT STATUS REPORT - (D)=Design E PROJECT DFSCR1P17ON PROJECT NO. - I. OAK HARBOR A'ATER - 91 -B-OH Insiallal w R SEIVER REHAB. (D)=Cxc R Jrnsan Ate. Nar[h Ott'-9601 (C)=Mdatone water lipe. 2. DfiCHSPRAYL'SG 93-PW-DffCH Spraycd Slc (C')=\'ait>; ditch and C 3. JASMINE ST11EEf RETEN1lON 92-H Finished Fl POSD - Sli9S01 (D)=1G1 (C)=S\S Coast. 4. ,gTLI\TIC BL4CH HATER LINES (D) P\t' ! EI'.1 St$revic~ 4A- BEACH AYE - U".4TER & SERER AtV-960? Coasvucte+ IMPRO\'EMEITS (D)=GRJ 19th SC to (Cj-('allaua~ i. ADDITIONAL GROL:\D CIP-BtV-6 Cwtrattar STORAGE & HYDRO TA:\tK D=Sims & C=Beach AT ASSISI LA\F - R~'IP (CEh p=S Fc G 6- HIDDET COVE 96-&HC Rcticwing (D)=Lucas (C)=-C~nlcx 7. METER INSTAI.L4T1O\ TR9S01 I'otil oC30 (C)~.AT.~PtV 8. FRANCISCO\~ 95-FC Awaitittgr (D)=Morgan /Walks C=Ra)s Pl~bing 9- PIO\EER DRI\T. %-B-BW9601 Held final (Ma}po:t Road) (D)=Loco Punch Litt (C)=AA Septic 10. \7I1AGE OF MA1'PORT %-8-4.11 St$bres (D)=Johasaav' Mc4dams 1 I. STOI2MR'ATER MASTER PLAK Sli%Ol Notified rc CORE CITY LTiLITY PROJECT (D)=Fnelend rgadi>%c Thims & Miller 12. BUCCA.~t'EER tt'ttTP BS9601 Protidod! E)~ANSION (D)=EDER Assoc. Cmact Q appGaliar 13. R'ATE:Rf.DQE FOR MOTRO AT ~ (D`,-Lucas Awaim~ t 1079 Atlantic Bhd (C}MG.4 ConsL 14. Ncw Kill et ttTP :? AVV%Ol SI$will s (D)=Coca. two wells. ! S. Bildtu Bach Stxcr Es7rnstan I AS-%01 Caotrarior (D)am & R' (C)=MGA 16. AB>otic Blcd. 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November 18, 1996 TO: !im Jarboe, City Manager VIA: David Thompson, Pubhe Safety Director FROM: John Ruley, Fire Chief REF: Monthly Report for October, 1996 ATLANTIC BEACH FlRFIRESCUE 850 SEMINOLE ROAD ATL.ASTIC BEACN. FLORIDA ?'__?? TELEPHONE (90t) 2i7-5859 Attached is a copy of the data from the run reports for the month of October, 1996, and a oonrparisart of Hens for October, 1995. In addition, you will see a report showing the current year 1996 as it compared to the totals for the same time last year, 1995. As indicated for the month of October 1996, the Foe Rescue Department responded to 109 calls far savior. This figure is about up 25.7% from the same time last year (Odoba 1995). The average response time for the month is about 4 minutes noel is well within the nomtal response time to calls within the cin. Comparing our total year to date figures with last years totals, you will see that our call volume is up 6.7% This month our calls for medical related service is about 65.14% of our total call volume. This figure is some what lower than the 69.14% last year same month. The fire related call paaatage for this month is about 4.59% which is about .89% highs then the same month last year. The fire department responded to two (2) structure foes inside buildings .Both of the fire wore in the City of Jacksonville Beach. TA i 1 fit S~9~i City of Atlantic Beach City Commission Meeting Staff Report AGENDA ITEM: FIRE DEPARTMENT MONTHLY REPORT FOR October 1996 SUBMITTED BY: John Ruley, Fire Chief DATE: November 18, 1996 BACKGROUND Attached is a copy of the Monthly report and fire report data. RECOMMENDATIONS: To have this report part of the consent agenda for the November 25, 1996 commission meeting. ATTACHMENTS: Copy of Fire Department monthly report and fire report data. RECEIVED BY CITY MANAGER: AGENDA ITEM NO. CITY OF ~4tlartlc ~earlc - ~ferrida 800 SENINOLE ROAD _. -- .___ _ ._____ __ ATLA~:IC BEACH. FLORIN 722515015 _~\ TF.LFNIONE (900) 2f1-5800 FAX 19001 2f1-5805 MEMORANDUM November 7, 1996 TO: Jim Jarboe, Cily AAarlager FROM: Don C. Ford, Building Official ~~ RE: Building Permks Report Pbaae be advised that the fo6owirg pem9ts wero bsusd in the mordh t# Oefobar 18716: TYPE PERMR PIO. PERMRS PERMR COST CONST. VALUATION Nsw Sirgle Family 3 14,182.84 348,535 New Dupis~oss 12 37,052.92 835,988 NswTowntwuses 5 14.258.00 384,187 Addi6onslRertrodeis 10 3,924.06 3winunirq Pools 230,986 Comnxraal 2 10,419.50 Garags/Carport 278,976 Derrroutions nM~ 1 50.00 Decks 1 80.00 8.000 Fences 8 80.00 5.882 ~s 6 86.80 Ubl~es 8 5,830.00 WeNs Reroof t2 300.00 23,784 TOTAL8 B8 ti5,968.04 1.810.086 MisceMarlsous pemMts issued in corrlection wffh new corglrl2c8oe, additions, romodsWg, elc: Number of Psmiits PemiKs Costs Elecbieal 23 842.00 Plumbing 33 1,027.50 AAechanfeal 77 825.00 MapecUorp parlbrnNtl/aatlnonfi4: Building Corwxels Ebetrical Pkunbirg AAectlarlleal Misc. Orxup. Lb. 42 24 51 41 23 3 10 NYFORNATION COAfFp.ED BY PAT NARlaS - BI~Da110 OEPA1711aeNT .. CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT STAFF REPORT AGENDA ITEM: Building Permits Report October 1996 SUBMITTED BY: Don C. Ford, Building OffiCial~~ DATE: November 7, 1996 ;5-1~-sa The following is a comparison report of Building Permits for New Single Family, Duplexes, Townhomes, Remodeling/Additions and New Commercial for years to date for October 1986 and October 1896: Year to Dats October 1996 TYPE PERMIT NO. PERMITS CONSTRUCTION VALUATION Nsw Single Family 63 55,860,982 Duplexes b 489,292 Townhomes b 373,818 Remodeling/Additions 117 2,954,164 Nsw Commercial 6 426,781 Total 18b 510,076,037 Year to Date October 1996 Nsw Single Family 18 52,652,621 Duplexes 19 1,248,378 Townhomss 21 1,566,382 Rsmodsling/Additions 131 1,996,361 Nsw Commercial 8 934,123 Total 188 18,286,866 RECOMMENDATION: ATTACHMENTS: Building P/ er_mit Report for October 1996 REVIEWED BY CITY `''~'[i~/l~` /~ MANAGER: the facility conducted by the City. Should corrective action bs required by the City, suvh aotion shall be the financial responsibility of the Ranter j, shall provide a oP all koys to the laoility in poasesa on of Renter. One key will be provided at no cost to ranter, with additional keys requiring a $7.00 deposit, nny lost keys shall be reported immediately to the City )sanager and may require re-keying of the npplicable locks. ®ueh aotion eball be the tinnncial raeponsibiiity of the Renter. k. wny exclusive ura aha12 b® as agreed to below. Ths use or the faoilitieo in addition to the exclusive us• periods shall b6 requested through the Parks and Recreation Director under the general rules, i.e., a facility may ba requested for short term use by applying for such use after the 15th of each month for a day or time period within the next month. For sxemple an organisation requesting the short term use of a City facility in Cha month of February aouid apply for such us• after the 15th of January. EXCLUSIVE US811GREEMENT: SZGNI1TURfi S IGNIITURE CITY RENTER CITY or ~TLx1:TZC sxACx RLNT]1L CO~~-CT 1Wt lQSLZC lJICILiTYbs L~ItO T1RK AORLEMENT is made and entered into this day of },y and between the CITY OF ATLANTIC BgACH (City) and: here nafter oallcd "Renter". WsiERBAB Renter desires to use the following facility: St is therefore agreed: TERM14: 1. This agreement shali run from 2. Renter, in exchange for use o! the facility, shall pay to the City a fee of 55.00/day. Such fee may be Waived at the discretion of the City Manager it the "Renter" is an organization that provides a public service available to all, is non-profit in nature, and charges no uscr or admission fees. Renter shall provide the City with a copy of its tax exempt fora. 7. Renter shall agree to the following conditions: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager b. No use of alaoholia beverages is permiitad without permission in writing by the City 1[anager o. Provide to the City a copy of finanolal statements if requested. d. Znsure eosnpliance with all city, States and rederal laws e. Aliow no discriminntion based on race, sox, age, religion, national origin, disability or otherwise. f. Shall make no alterations to the facilities, of a permanent nature, without the express written consent of the City Manager. g. Acknowledge that. its use of the facilities is not exclusive outside of the dates and times as agreed to below h. Shall be responsible for its own furnishings/equipment and shall maintain the facility in a Olean and safe condition. i. Correot any Aiscrepancies noted nt n weekly inspection of inapeotion j. 8ha11 return all keys, i! applicable, at the end o! the event. ons key will be provided at no coat to renter, with additional keys raquirirq a 89.00 deposit. Any lost keys shall be reported imrsdintoly to the City I~anaQer, and nay require a re-keying of the looks in question. Suah notion aha11 be the linanoial responsibility of tho Ranter. BZONATURB 6IGNATURB MTY ~'aT~ 3C CZTY Ol ATit111'1'I0 DLACS Ra1iT11L CO>fTRt-OT f'OR PIIBLZC lACZLZTit6a ''/a5~~ SIt0R'1' i'Elt1L AtiREF.!lENT is made and entered into this day of by and between the CITY OF ATLANTIC BE]1CH (City) ana: here natter oalled Router". WftEREAB Renter desires to use the following fncilitys it is therefore agreed: TBRMSt 1. This agreement shall run from 2. Ronter, in exchange for City a fee of $5.00/day. S~ of tho Clty Manager if t provides a public service nature, and charges no user vhall be agreed upon with $50.00 refundable cleaning use oP the facility, shall pay to the ion feo gay be waived at the discretion he "Renter" is an organization that available to all, Ss non-profit iri fees. City aleanup.costs, iP required, the Pas-ka and Rooraation Director. A deposit may be required. 3. Renter shall agree to the following conditions: a. No fees or admission costs shell be charged to the public unless approved in writing by the City !tanager b. No use of alcoholic beverages Ss permitted without permiasian in writing by the City Manager c. Should admission cowt^ be authorised, provide the City taanager with an event Audget if roquested. d. Insure compliance with all city, state and federal laws e. Alloy no eiscrimftsation beaed on race, sex, age, religion, national origin, disability or othorwise. f. shall make no alterations to tho taoilities, of a permanent nature, without the express written consent of the City Manager. q. Acknowledge that its use vt the taoilities is not oxalusive outside oP the dates and timoc as agreed to h. Shell be responsiblo for its own furnlahinga/equipment and shall maintain the facility in a clean and safe OOnditlOn. i. Correct any discrepancies noteQ at the post event modifications to the project site will Ge presented to the FCT for review and approval prior to implementation. 12 All development and maintenance costs will be borne by the City of Atlantic Beach. Strong efforts will be made to acquire grant funding from various agencies to off-set the financial impact on the city. Funding has already been approved through the Florida Inland Navigation District to reimburse the city half of the costs of the design and permitting of the proposed improvements on the project site. Reimbursement of half of the purchase cost of the project site through the Preservation 2000 grant will potentially provide up to $119,666 for the construction of the proposed amenities and/or match for additional grants. An application to the Florida Inland Navigation District for a matching construction grant is anticipated upon completion of the design plans. Due to the commitment to a low maintenance, conservation/passive recreation park, the city will be able to provide the expected level of maintenance with the minimal staff increase in the Parks and Recreation Department. Educational programs will be sponsored by the city, but volunteers will be solicited to present such programs. The city maintains close relations with several youth oriented organizations such as the Soy Scouts and the Y.M.C.A. who will be recruited to participate in these educational programs, especially those targeting at-risk youth. Priority Schedule: Due to the relatively compact nature of the project site, the city proposes to construct the majority of the structural amenities in a single phase project. This will include the construction of the trail boardwalk system, the restroom facility, and the parking area. The proposed observation structure and the canoe launching facility could be followed up as a second phase if necessary. It is the proposal of the City of Atlantic Beach to complete the construction of the proposed amenities within the 1996-1997 budget year which begins October 1, 1996. A project time line is attached as Attachment "A". Monitoring and Reporting: Project monitoring will be accomplished through an initial site survey to identify listed plant and animal species, sensitive habitat areas, encroaching exotic vegetation, and point source contaminants such as trash dump sites. A follow up survey shall be conducted immediately after the completion of the construction work to assess the impact on the areas, species and items inventoried during the initial survey. Notice of any adverse impacts will be made to all appropriate agencies starting with the FCT. An annual monitoring survey shall be conducted by city staff to ascertain the general condition of the site and the necessity for special maintenance or the need to modify the amenities to avoid adverse impacts. The effectiveness of the implementation of the Management Plan will also be evaluated during this monitoring. This evaluation will examine the completion of physical amenities, the conduct of site maintenance, and the provision of educational programs and opportunities to the public. Management Plan objectives, as identified herein, will be addressed individually as to attainment thereof or as to the level of progress toward attainment. This annual monitoring survey will provide the basis for an annual stewardship report to the FCT. Any proposed 11 the Florida Communities Trust, The Florida Game and Fresh Water Fish Commission, the Division of Forestry and the St. Johns River Water Management District for review and comment prior to implementation. It is the intent of the city to avoid any adverse impacts on listed species on the project site, however, should it occur, the city will immediately alert and coordinate with the U.S. Fish and Wildlife Service to minimize such impacts. Resource Enhancement: Revegetation of several disturbed areas within the project site will be accomplished during the initial stages of the park development. The scattered areas total approximately one acre and consist of unauthorized dump sites containing mostly household appliances and trash. The removal of this material will be completed during the site preparation work, prior to any construction of any amenities. Revegetation of the areas will follow immediately after the removal of the debris. The disturbed areas will be replanted with plant species found in the undisturbed adjacent areas. This process will provide a continuity of the surrounding vegetative communities into the disturbed areas. Some infestation by exotic vegetation of the eastern most edges of the project site is probable due to the proximity of residential development. The Parks Department will identify and remove alf exotic vegetation along the eastern edge of the project site. This will be accomplished concurrent with the site preparation work and prior to construction of the amenities. Monitoring of exotic vegetation encroachment will be a part of the ongoing maintenance of the site. This will be backed up by annual site inspections to identify infestations. Cost Estimates and Funding Sources The estimated costs of the improvements to the project site are based on similar work conducted in other city projects. The estimated costs are as follows: The''/z mile long trail and boardwalk system $100,000 The observation structure and picnic areas $80,000 The restroom facility $30,000 The parking area $17,000 The canoe launching facilities $30,000 Site preparation, utilities, and permitting $180,000 Total estimated cost $437,000 10 combined with restoration or enhancement projects to provide area youth with a well supervised hands-on learning activity. Professionals in the appropriate fields wilt be used for any work directly impacting listed species. Educational programs: The City of Atlantic Beach Parks and Recreation Department will sponsor environmental education programs in cooperation with the local elementary and junior high schools. The programs will also target at-risk youth and may be co-sponsored by local service organizations such as the Donner Community Development Corporation, the Boys and Girls Clubs, and numerous church organizations. Part of the preliminary design for the trail system included educational nodes where specific environmental issues or conditions are highlighted. These nodes will focus on both geographic localities as well as environmental issues. The project site contains several very good examples of the vegetative cortanunities normally found in and adjacent to fresh water marshes, including oak hammock, pine flatwoods, and the marsh itself. Using these prime examples as focal points for both educational programs as well as self guided instructional walks will highlight vegetative communities, the wildlife inhabitants, and the impacts caused by human developments. Learning to identify the adverse impacts will assist the public in making informed decisions about the protection and conservation of the sensitive environment along the Intracoastal Waterway marshes. Archaeological and Historic Resource Protection: No Archaeological or historic sites have been identified on the project site. Any evidence of such sites obtained during the surveys and inspections of the site will be submitted immediately to the Division of Historical Resources of the Florida Department of State, and action will be taken to leave all such sites undisturbed until professional examination can be arranged. All provisions of Chapter 267, Florida Statutes, including Sections 267.061(2)(a) and 267.061(2)(b), will be met in identifying and protecting historical and archaeological sites. Coordination: With the exception of a single out parcel property, the subject site is bounded by other undeveloped lands owned by the City of Atlantic Beach. The out parcel property is occupied by a privately owned single-family residence. To minimize adverse impacts on the out parcel residence, the adjoining property lines will be fenced with a stockade type wood fence to ensure the residents privacy. In addition to the fence the trail system will be located at least 50 feet away from the adjoining property to provide a sufficient buffer. As mentioned previously, the stormwater drainage in the immediate vicinity of the project site flows away from the site and into a retention pond. No water or wastewater discharge effects the project site. Any future modifications to the stomiwater drainage system will be approached with the protection of the project site in mind. Any such modifications and all planned improvements specified in this plan will be submitted to 9 Revisions suggested by the Commission will be integrated into the design. Follow up contact with the Game and Fresh Water Fish Commission will be maintained to ensure up-to-date regulations, and design guidance specifications are available throughout the project development. The project site will be monitored on an annual basis to determine if any adverse impacts have occurred to the listed species or the sensitive habitat areas identified during the initial survey. The causes of any degradation will be identified, and corrective actions such as closing of trails and restoration work will be undertaken immediately upon any finding of adverse impact. Limiting direct access to the general public to designated trails and boardwalks will contribute to the preservation of the existing habitats and species. Such limited access also contributes to the restoration of impacted sites by allowing the areas to be isolated as necessary. Hydrology and stormwater quality at the project site will be monitored on an annual basis as part of the city's existing stormwater management program. The existing stormwater infrastructure drains away from the project site to a retention pond owned and maintained by the City of Atlantic Beach. The pond is designed for retention of stormwater, although an overflow structure is installed as required by the St. Johns River Water Management District. The overflow structure will discharge water into the marsh only in exceptional storm events. As the majority of pollutants in stormwater are contained in the first one inch of runoff this should not result in degradation of the water quality of the project site. The pond protects the site from contaminated roadway runoff and, to further protect the project site from on-site contaminants, all amenities will make use of natural materials where ever possible. A survey of the vegetative communities on the site has been commissioned as a step in the design process. The survey will be completed prior to completion of construction drawings. All survey information on listed plant and animal species as well as sensitive habitat locations on the site will be forwarded to the Florida Natural Areas Inventory to be included in that data base. Resource Restoration and Enhancement: Based upon the findings of the baseline survey of listed plant and animal species on the project site, limited habitat restoration may be undertaken. Due in large part to the site's undeveloped condition and relative isolation, we do not expect to identify large areas in need of restoration. Because the envisioned trail system will include a self guided interpretive course through the project site identifying plant and animal life inhabiting the varied habitat areas, it is the intent of the city to direct the interest generated by this information into the enhancement of the site. As identified under the maintenance section above, the participation of youth groups in maintenance activities is seen by staff as both an educational tool, in introducing them to the natural environment, and as an environment enhancement tool by the removal of trash and debris from the site. The activities of such groups can be 8 Department, and by regular night patrols by the Police Department. The park will be closed after dark except for pre-arranged events. During the day it is not anticipated that an on-site manager will be necessary, although it is the desire of the city to recruit volunteers to provide information to park users. The local telephone service provider will be approached to install at least one pay telephone at the proposed restroom facility. Staffing: Based upon the conservation and passive recreation character of the park the demands on city staff will be manageable at the city's current staffing level. It is anticipated that regular cleanup and associated maintenance will be programed into the existing city wide parks maintenance program. In addition to full time staff, volunteers will be recruited to assist in the provision of information to park patrons as well as to assist in the maintenance of the park. Natural Resource Protection: The protection of the project sites natural resources will be accomplished by first conducting a baseline survey of the site to identify listed plant and animal species, and locating sensitive habitat areas. Once identified, these species and habitats will be avoided during the installation of the trails and boardwalks. The trails and boardwalks will be constructed with railings or fences, where possible, to restrict the public to the trail system. In addition to the restricted trail design the project site will be buffered from adjacent property by a combination of fencing and undisturbed natural areas. This buffering will be facilitated by the fact that the City of Atlantic Beach owns much of the adjoining land. A single block of residential property borders the project site on the east, just north of West First Street. This block will be buffered from the project site by both fencing and a 15 foot wide natural area running the length of the common property line. The adjacent city owned lands will act as a buffer to the project site and will be developed for conservation/recreation related uses. The privately owned Intracoastal Waterway marshes are nearly undisturbed and provide a large natural buffer protecting the project site. A number of protected bird and animal species may inhabit the project site. The potential gopher tortoise and gopher frog habitat areas are to be identified by site inspection prior to the final design of the trail system. The protected and listed bird species are primarily wading birds. The trail system design will avoid wetlands, thus reducing impacts on wading bird habitats. The most evident wading bird species cbserved on the project site include Snowy Egret, Great Blue Heron, Cattle Egret, Wood Ibis, Green Heron, and Wood Stork. These species generally nest in the lower canopy of trees which grow along the edges of the marsh. Removal of trees for the installation of the proposed amenities will be minimized to reduce adverse impacts on nesting habitats. The marsh areas where these bird species feed will remain intact and no adverse impact is expected to be caused by the project. The final design plans, along with this management plan, will be submitted to the Florida Game and Fresh Water Fish Commission for review and comment prior to bidding out the project. should allow maintenance without disruption to the use of the property or damage to the undisturbed areas of the site. Access to the right-of-way will remain separate from access to the park facilities and will be secured by the Jacksonville Electric Authority under the existing franchise agreements. None of the conceptual improvements are effected by the location of the lines, which are anticipated to remain in place for many years. Notice and copies of proposed easements shall be forwarded to the Florida Communities Trust for review at least 60 days prior to adoption of such easements. Any site alterations or other physical improvements to the site different than those identified herein or in addition to those identified herein will be submitted to the Florida Communities Trust for review and approval prior to implementation. KEY MANAGEMENT ACTIVITIES Maintenance: Primary maintenance activity will include trash removal and site cleanup on a daily basis. Due to the trail and boardwalk system, trash removal will be conducted by maintenance staff using hand carts or similar wheeled containers. The proposed restroom facility will also require daily attention to maintain it in a clean and healthy condition. Parks staff will clean the structure daily. More intensive maintenance and repair of the facilities and boardwalk structures will be necessary on asemi-annual or annual basis depending upon the findings of regular inspections. Low maintenance, durable natural materials are preferred for the construction of the boardwalk, canoe launch docks, and restroom structure. Peripheral items such as benches, picnic tables and information kiosks may be more appropriately constructed of recycled plastic materials. City staff believes that the life expectancy of this material exceeds natural materials in wet environments such as that found on the subject site near the marsh. Due in part to Atlantic Beaches' high residential recycling rate, the city has received grants for the purchase of such items and expects to be eligible for additional grants on a continuing basis. To further enhance both the physical condition of the project site and the interactive learning experience of local residents, and especially local youth, the Parks and Recreation Department envisions youth day tours of the site which will include limited trash removal work to reinforce to the youth participants the importance of respecting and protecting the environment. These activities will be restricted to the less sensitive environments of the upland portion of the site. A number of local volunteers trained in forestry, recreation, and parks management are available to assist the full time departmental staff in the implementation of these activities. Security: Security of the project site will be provided by a six foot wood or chainlink fence around the upland periphery of the site, by regular day time patrols by the Parks 6 wnder~ :~ oooo!rr,,cate veh~aiar parx~nc L,mta; stam~-ater management tac,i~t!es may be necessary tc assure a safe condrt+on for both vehrdes ana pedestnarts in the v~anrty o` the Darkm_ area and the restroom structure. Boardwalks arn7 traits will feature fences o+ ra~~s to restrict pawns to the trail system to protetY the patrons a5 wail as the natural co~vnurtrties hying adjacent to the traits. A final amenit\ proposca7 to be constructed in the park will be one or two canoe launching sites wvh~ will tae r~nstructed adjacent to the shallow canal which adjarts the sRe. Thrs canal follows a Grcuitous course through the marsh which adjoins the subject property and eventually connects to the Intracoastal Waterway. providing an exterxfed and scenic canoe trail. The city s volunteer Recreation Advisory Board may be tasked with the development of maps, tide tables. brochures and guide pamphlets for canoe enthusiasts. Navioattonal aids and interpretive signs will be limited due to the private ownership of large areas of the marsh. Negotiation with the property owners will be undertaken as the project proceeds and acquisition through future Preservation 2000 grants may be possible. Access to the site is to be provided directly off of an existing paved public road known as Begonia Street. All access to the site will comply with all applicable state and federal standards, including the Americans with Disabilities Ad. Pedestrian access will be provided both directly from the Begonia Street frontage as well as from within the designated parking area. The number of required parking spaces will be determined during the final design phase of the project, however, the city currently estimates that twenty (20) spaces will be the maximum necessary. This will account for only approximately two percent (2%) of the site. BicyGe racks will be provided and the adjoining residential road net is conducive to bicycling to and from this site. It is expected that the City of Atlantic Beach will be required to obtain dredge and fill permits from the Army Corp of Engineers, the Florida Department of Environmental Regulation, and the St. Johns River Water Management District prior to the construction of amenities at the Project site. The City has contracted with a professional engineering firm to assist in the design and permitting process. Copies of all required permits shall be forwarded to the Florida Communities Trust 30 days prior to commencement of construction activities. Site alterations will be limited to the construction of necessary amenities and the restoration of scattered disturbed vegetative conxnunities. The amenities shall include a small restroom facility to be located at the eastern most edge of the Project site adjacent to the intersection of two public streets, The only anticipated easements across this site are to be granted to Jacksonville Electric Authority, the regional electrical utility. There are electrical transmission lines currently located in a platted, unimproved street right-of-way which crosses the site. Maintenance of these lines is rare, however, the existing right-of-way will accommodate repair trucks if necessary. The design plans have incorporated the right-of-way and 5 staff can be met at present budgetary levels. The primary long term financial concern of the city will be maintenance of walkways and observation structures which, although to be constructed of natural resilient materials, will require constant upkeep. Additions to personnel may be necessary for the presentation of the periodic educational seminars and for maintenance in the future, if levels of use increase dramatically. The current Comprehensive Land Use and Zoning designation of the property is "General Commercial" and "Residential Duplex". The City will begin the process of rezoning the subject lands to "Open Rural", which is the City of Atlantic Beach zoning designation for conservation lands. An amendment to the adopted Comprehensive Plan redesignating the property "Conservation" will immediately follow the adoption of the zoning district amendment. The property was acquired with funds raised by a property tax increase. The Preservation 2000 grant will be applied to the purchase cost of the land, thereby freeing up 50% of the original funds which may be applied as matching funds for a Florida Inland Navigation District grant to construct the necessary improvements. The costs of continued maintenance will be incorporated into the annual operating budget of the City as a part of its ongoing commitment to the protection of its natural resources. The site will be identified by appropriate signs at or near the entrance. The signs will carry the name of the park, the names of the funding agencies, including the FCT, the City of Atlantic Beach, the City of Jacksonville and the Florida Inland Navigation District. The signs will also identify the park as publicly owned and open to the public as a natural resource conservation area. SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS Physical Improvements to the subject property will be limited to the construction of a public restroom building, pedestrian trails, boardwalks, a vehicle parking area and fencing. Although a final design has not been corr~leted, the extent and approximate placement of most physical improvements is known to the city and is shown on the attached conceptual plan (attachment A). It is the intent of the city to protect the more pristine areas of the site by careful placement of boardwalks and trails, the siting of vehicular use areas and buildings close to the existing street frontage, and the installation of protective fencing along the upland boundaries of the subject property. Because of the site's remote location from other public facilities, the city proposes to ~_ construct a public restroom to be available to the patrons of the park. This building will be sized to accommodate the expected patronage and it, along with the trail system, will comply with the Americans with Disabilities Act accessibility standards. The building will be sited as close as practical to the existing street frontage of the property and will be adjoining the parking area. The parking area will be sited within an existing road right-of-way scheduled to be closed. The existing roadway pavement will be access are immediate results of the proposed development of the Project site as a park. Shoreline hardening will not be necessary with the very low level of improvements proposed. Enhancement of estuarine water quality will result from the prevention of residential and conxrmercial development in close proximity to the marshes. Policy 3.2.6 of the Coastal ManagemenUConservation Element requires that "The City shall, on a continuing basis, cooperate with adjacent local governments to conserve, appropriately use or protect, as may be appropriate, unique vegetative communities located within the City and in other local jurisdictions." The Project site adjoins the corporate boundary between the City of Atlantic Beach and the City of Jacksonville. The marsh and wetlands on the Jacksonville side of the boundary are designated for conservation purposes. Acquisition of the Project site by Atlantic Beach permits a large portion of the adjoining uplands to be protected, thus benefitting both jurisdictions and a much larger area of environmentally sensitive habitat. INTENDED USE. The principal objective in the acquisition and management of this property is to provide a conservation and preservation park with a series of walk paths, boardwalks and observation stations designed to allow public access while minimizing adverse impacts on the largely pristine environment. Parking will be provided only near the existing street frontage. A low impact design will be used for the parking and the use of impervious sumfadng material will be minimal. The proximity of the property to the Intracoastal waterway and its associated marsh and tidal estuaries, make it a prime habitat for fish, birds and other aquatic wildlife. The area also contains a wide range of aquatic and wetland plant species. The proposed walkways and observation platforms will be sited to maximize public exposure to the unique environments and will be constructed to facilitate the inclusion of a seH directed interpretive teaming program in the form of informational plaques placed at appropriate locations along its course. Periodic educational programs will be scheduled to introduce the public to various environmental issues and concepts relating to the site. Alive recreation uses will be limited to a canoe launching site and a fishing dodo. MANAGEMENT Management and maintenance of the property will be provided by the City of Atlantic Beach Recreation Department. Because of the relative small size of the properly and its intended use as a nature park and preservation area, the demand on current City 3.k~ 0'a!1? a~1.1t4'.at4~^. aJfe."'.!Ve5 2~~ J:147e t'1E i:.la!1$JZ"1~'11 Jf t'1N {\•."i~'t Sitp !1aNP tom' i i\~•r.\' ~t~i`Th1 aK ~c\f!._tit+x 1) PPDtci'~lOt1 Ot itle eX~<ttth7 Undfsturt?t~.t @rl\9RU~mPni 2) Restoration Jt tiTe JICYU(L~: arras t.` ~lYk);tfJ•l.< ~'i1t1(1~tpt11 \\'it11 tr?P adraaent urx7rsturtaPd arras. 31 Prevision Of 58fiE i~tiYSS .OITLh?r8 LO pPrtli~t puhltC P+tM\'n1pt11 „r t'tF various natural Rabnats while protc>ti'hrtg these hatNtats 4) Provisren of educational programs to the pulUrc abkn the varnais hatritat+ found on the proje.~t site. A number of the obje\K~ves and polices of the adoptrd oorttf~rrrX+nsivc? plan o1 tt1p \'ity of Atlantic Beach will txx furthered by the eaQuisitiat and management of the pn?~.9 site as a conservationlpassive recreation perA Several of these bear nohrt{] as hWlo\v:~ Objective 1.5 of the Coastal Managentent/Conservation Element prowdps that "The City will limit new development of shoreline sites so as to coni<am with tha objective of reducing environmental degradation, as wall as encxunapinp visual and physical accessibility, open space conservation, wildlife preservation and exrttEiatibility between adjacent uses." The project site contains both residential and commercial zoning lk?velopnient of thin site would entail a major disruption of the natural conditions on the efts end on adjacent lands. Acquisition of this site has prevented such disruption end will eventually result in the restoration of those areas which have been previously disturbed Objective 3.4 of the Coastal Management/Conservation Element provides that "The City wilt give priority to shoreline lend uses and site development improvements which meet the following criteria: Prevent adverse environmental effects. L. Maintain or exceed standards in this plan for public access 3. Avoid shoreline hardening structures. 4. Enhance estuarine water quality." The development of the Project site as described herein will contribute to sll fYwr of Ih? above aims. Prevention of adverse environmental ettecls and provision of publir, MANAGEMENT PLAN TRESCA INTRACOASTAL WATERWAY PARK PROJECT #95-051-P56 INTRODUCTION. The Intracoastal Waterway Park property is approximately seven (7) acres of upland and marsh bordering the Intracoastal Watennray within the corporate limits of Atlantic Beach. The property abuts a parcel owned by the city and is in close proximity to yet another parcel, which combine to provide a three acre buffer to the project site. This buffer area contains a stormwater retention pond at its north end and a larger rectangular parcel at its south end. The rectangular parcel may be used in the future to provide additional parking or additional recreation facilities. The combined park property and buffer property total ten acres. The site has direct access from Atlantic Boulevard as well as a secondary residential street known as West 1st Street. The existing property contains no improvements except overhead electrical transmission lines and a partially cleared unimproved road right-of-way. The proximity of the property to the Intracoastal watennray and its associated marshes and tidal estuaries, makes it a prime habitat for fish, birds and other aquatic wildlife. The area also contains a wide range of aquatic and wetland plant species and grassy scrub, pine flatwood and oak hammock communities. PURPOSE. The City Commission has identified acquisition of park, recreation and preservation lands as a high priority for the City of Atlantic Beach. The goal of the Commission is to provide a greater acreage for recreation and preservation uses for the citizens than is required by the adopted Comprehensive Plan in recognition of the expected population growth in the area and the already limited availability of undeveloped parcels. Available land appropriate for conservation use must be acquired now or it may be developed and become unavailable later when the demand for such land will be greater. The property in question was identified as available early in 1994 and the City moved immediately to purchase it. The purchase was funded by a special tax and was completed November 21, 1994. Due to the close spatial relationship between the City of Atlantic Beach, the City of Neptune Beach, and the City of Jacksonville, the demand for recreation and preservation lands transcends municipal boundaries. The location of the subject property easily lends itself to use by residents from neighboring wmmunities where similar land uses are not available within a reasonable proximity. In recognition of the area wide need and in the spirit of cooperation, the City of Atlantic Beach and the City of Jacksonville shared resources and staff time in the preparation of the Preservation 36 ~ V~s/~~ STAFF REPORT - AGENDA ITEM: Revised Management Plan for Tresca Park SUBMITTED BY: George Worley 11, Community Development Director ~ i~ ~-~ DATE: November 2D, 1996 BACKGROUND: In April of this year the City Commission approved the submittal of a draft Management Plan for the Tresca Park project to the Florida Communities Trust for review and comment. The FCT recently returned the draft plan with recomrrrendations which we have incorporated into the attached document. Most of Uie recommendations were for additional details or explanation of various portions of the plan. The estimated cost figures have been revised based upon the information provided by Dames & Moore. After review of the type and quantity of the amenities proposed by Dames & Moore, staff now believes that an additional parks maintenance employee may become necessary in the future depending upon the level of use of the completed park. A final issue to be resolved is the approval by the state of the Appraiser used by the City at the time of the purchase of the property. RECOMMENDATION: Staff recommends that the City Commission authorize staff to submit this Management Plan to the Florida Communities Trust for final review and approval. ATTACHMENTS: 1) Revised Management Plan for submission to the FCT. i REVIEWED BY CITY MANAGER: GENDA ITEM NO. I~ 0 F C 3 e.v o~ ca ~., o~ OC,i (!~ F, z Cx7 ~F ~~ O~ ~ ~~ G ~ E- ~ C oW cD ~ O C ~ ~ Q 0 0 0 0 0 0 0 0 0 0 0 0 -, r~ ai c~ .n cc c~! n ~n m ~ ~ 4p 8O 4S 0 0 0 0 0 0 0 0 0 0 0 0 ~n cv c~i m o c~ cv -- ~7 c7 ~ ~ 43 69 E3 69 0 0 0 0 0 0 0 0 0 0 0 0 GJ b ~ O ~+ CJ O M --~ CV ~' 69 64 64 ~ 0 0 0 0 ~ O O O O 0 0 0 0 o co 0 0 ~f] © C7 O t vs --~ V3 4~ W 0 0 0 0 0 0 r ~ ~ O er O ~ 0 0 0 0 0 0 u7 CD I ~n cn o -~ _ ~ 0 0 0 0 0 0 C7 i~ O -• r~ ~ 0 0 O O 0 0 c~ u~ ~ ~ Z ~ O E- F"' W ~ W --, ~ C ~ U 0 C G C/) < G ~ W Ux C ~ + o ~ N [/J W ,~ Z G _ W CCJ y. F U C >' p F, a ,,, ,. ~ .FO, c U z W o < C CC w ~ W F ~ E-~ W O> N d < Z ¢ i Z F- O C C F F C C O ~ D d 6. U W Q O 0 O .-a C~2 b €~s O O 0 c-~ c~ 0 0 O Cn O .-~ Q H O E-' ~~- C/) 0 O O In I I W A i~ U W ti O a a W d d F O F U C {~ .~ Ols n t H ~ C 0 0 0 0 o 0 G 0 0 0 i~ c~ o ~ o 0 CV r O /~ '° w c~ a 0 U W F ~ O O _ C E... ~ O O < U V7 F Z W _ U ~ O Cd o ~ ~ W E.. C > a m ~ y U d O C ~ G D N ~ C Y j W C !` E~ O] C Cs. C W F 4 U N O Z O D D TIC 1996 PROJECT The 1996 Project consists of a series of eleven items of improvements, extensions and additions to the System and implementation of the City's Stormwa[er Master Plan. The 1996 Project also includes that portion of the 1993 Project to be paid from proceeds of the Series 1996 Bottds which is approximately 52,172,585. The estimated tune for construction for the collective projects is four years, with completion scheduled in the year 2000. The estimated aggregate cost of [he 1996 Project improvements (including [he remaining 1993 Project i[ertu) is approximately 514,841,225. A portion of the proceeds of the Series 1996 Bottds, in the approximate amount of SI3,743.993, will be deposited into the 1996 Project Account and, together with Investment Earnings thereon, will be applied by the City to pay 1996 Project Casts. The component parts of the 1996 Project (excluding the retraining 1993 Project items) are az follows: Capital Improvement Program for Four Fiscal Yeats Ending September 30. 2000 (S in thousands) Description Bu et 1. New Well/Water Treatment Plant q2 5100,000 2. City Water Metcrs 15,000 3. Corrosion Reduction 5,000 4. New Master Lift StatioN Buccaneer WWTP 253,000 5. Facility Improvements/ Buccaneer WWTP 1.400,000 6. influent Flow Meter and Controls, Buccaneer WWTP 8.500 7. Water and Sewer Itnprovemems Oak Harbor 1.200.000 8. Water and Sewer Itnprovetttents Beach Avenue 895.000 9. Water Main Ungraded Various Location 8~•~ l0. Sewer Rehabilitation 3.200.000 t 1. Stormwater Master Plan Implementation 3.982.000 12. Capital Improvements Program Contingency l31 500 TOTAL S 12,084,000 Source: Consulting Engineer's Repott 33 City Commission City of Atlantic Beach November 11, 1996 Page 2 Page 13 of that "Project Presentation" included word choices and subtitles that were without reasonable definition; those were: L Preliminary Opinion of Required Project Budget 2. Prorated "General" Value $ 553,000 3. Prorated "Roadway° Value $ 869,000 4. Administrative Services $ 428,000 TOTAL $1,850,000 Presumably, the total cost for engineering services was included in "The 1996 Project." Noteworthy, such cost for engineering services is not listed in the "Project Presentation." Due to the very preliminary nature of the engineering design and discussion on October 14, 1996 and since, it is my opinion that insufficient engineering design work has been accomplished and presented to either support the "preliminary" cost figures or warrant any consideration of proposed property assessments. Respectfully, C~ Ln--l~ /o/%' ~' AIanPotter, Sr. A WP/amh Attachments (2) ATTACHMENT A NOVEMBER 11, 1996 COMMISSION MEETING ALAN W. POTTER, SR 37i Second Stmt Atlantic Beach, Florida 32233 HAND DELIVERED November 1 I, 1996 City Commission City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Re: Capital Improvements for SVeets and Drainage The City of Atlantic Beach is planning to spend $6,000,000 to $8,000,000 on a Capital Improvement Prograzn. This major expenditure anticipates either correcting, replacing, or improving water, sewer, storm sewer, and paving facilities in old Atlantic Beach. On March 1, 1996, the City of Atlantic Beach issued its "O~cial Statement^ (i.e., prospectus) concerning the $22,835,000 City of Atlantic Beach, Florida Utilities System Revenue Bonds, Series 1996. Contained within that "official statement" (on page 33) is a description of "The 1996 Project " That document lists numerous projects and budgets intended to be accomplished. Importantly, the current water, sewer, storm, curbs, and paving proposals are included in Items 9, 10 and 11 of The 1996 Project. The item descriptions and budgets listed aze: ITEM DESCRIPTION BUDGET 9 Water Main Upgraded $ 894,000 10 Sewer Rehabilitation $3,200,000 1 I Storm Water Master Plan Implementation $3,982,000 TOTAL S8,076,000 On October 14, 1996, your consulting engineer, Mr. Hugh Mathews (of England, Thims & Miller, Inc.) presented amulti-paged document to the City Commission. That document is entitled "Project Presentation for Stormwater, Water Distribution and Sewage Collection Improvement Project" Minutes Page 6 November 11, 1996 There was no discussion and the motion carved unanimously. Commissioner Meserve inquired as to the status of the referendum to annex the marshland abutting the intercoastal waterway and was advised the General Counsel for the City of Jacksonville had not yet rendered an opinion. There being no further discussion or business to come before the Commission, the meeting adjourned at 7:50 p.m. Lyman Fletcher MayodPresiding Officer ATTEST: Maureen King, CMC City Clerk NAND OF COMMAS. M S V Y V N Minutes Page 5 November 11, 1996 There was no discussion and the motion tamed unanimously. 8. City Manager Reports and/or Correspondence: Adele Grage Community Center City Manager Jarboe reported that the Adele Grage Community Center had been broken into and two 800 MHZ radios stolen. Change Order No. 5 -Public Safety Building Expansion Project City Manager Jarboe deferred explanation of the request to Building Official Don Ford. Mr. Ford stated that the change order was for matching shingles for the carport, new keyed locks for existing doors, new file to retile the entire hall because file matching existing file was not available, and extending the carport overhang four feet to cover sidewalk areas. The total amount of the change order was $1,85525 and the entire project was reported to still be under budget. Motion: Approve Change Order No. 5 of the Public Safety Building Expansion Project in the amount of $1,855.25. There was no discussion and the motion carried unanimously. 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk City Attorney Alan Jensen, as the city's confidential representative in negotiations to purchase Dutton Island, requested that City Manager Jarboe and he be authorized to execute an addendum to the conceptual agreement with the Florida Communities Trust to extend the deadline for negotiations to May 8, 1997. City Attorney Jensen also requested that the Mayor write a letter indicating that the City Manager and City Attorney were authorized to execute the agreement addendum on behalf of the city. Motion: Authorize City Attorney Jensen and City Manager Jarboe to execute an addendum to the conceptual agreement with the Florida Communities Trust to extend the negotiations deadline to May 8, 1997 and authorize the Mayor to write a letter stating the City Attorney and City Manager are authorized to execute the addendum. NAME OF COMMRS. M S V Y V N MESERVE X X REED X X ROSENBLOOM x SHAUGHNESS X FLETCHER X MESERVE X REED X ROSENBLOOM X X sw,uceNess x x FLETCHER X Minutes Page 4 November 1 ], 1996 contract for architectural services was presented for approval. Mayor Fletcher questioned if the City needed to go through the Request for Proposal (RFP) process for the project. City Manager Jarboe explained under state guidelines, the procedure was not required because the entire project cost was less than $120,000 and the professional service cost was less than $10,000. Commissioner Rosenbloom stated that he favored using this procedure to select architects and engineers and would like a written policy to this effect. City Attorney Jensen stated he would provide Commissioner Rosenbloom a copy of the !/oriJa S'tarures pertaining to the Consultants Competitive Negotiations Act. There being no further discussion the question was called and the motion carried unanimously. B. Authorize the Mayor to execute the Certificate of Acceptance of Subgrant Award entitled Beaches Drug Task Force II Motion: Authorize the Mayor to execute the Certificate of Acceptance of Subgrant Award entitled Beaches Drug Task Force Il. There was no discussion and the motion carried unanimously. C. Authorize the Mayor to execute Addendum No. 1 to Conceptual Approval Agreement with the Florida Communities Trust as a part of the Preservation 2000 Grant. Motion: Authorize the Mayor to execute Addendum No. 1 to Conceptual Approval Agreement with the Florida Communities Trust as a part of the Preservation 2000 Grant. There was no discussion and the motion tamed unanimously. D. Authorize payment of $2,037.33 to AA Septic Tank Service, loc., for additional piping required in the Water Main Extension on Mayport Road (Project No. AW'-9602) Motion: Authorize payment of 52,037.33 to AA Septic Tank Service, Inc. for additional piping required in the Water Main Extension on Mayport Road. NAME OF COMMAS. M S V Y V N MESERVE X X REED X ROSENBLOOM X SHAUGHNESS X X FLETCHER X I MESERVE X XI REED X X~ ROSENBLOOM X' SHAUGNNESS X FLETCHER X . MESERVE X REED X ROSEHBLOOM X X SHAUGHNESS X X~ FLETCHER X Minutes Page 3 November 11, 1996 Mayor Fletcher read the ordinance by title only and opened the public hearing and invited comments from those present. No one spoke and the public hearing was declared closed There was no discussion and the motion carried unanimously. F. ORDINANCE NO. 40-96-19 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC., TO USE THE PUBLIC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER, AND PROVIDING AN EFFECTIVE DATE Mayor Fletcher read the ordinance by title only, and opened the public hearing. Motion: Pass Ordinance 40-96-19 on final reading. J.P. Msrchioli of 414 Sherry Drive indicated his wncern that the telephone equipment cabinet obstructed the view at the intersection of Fifth Street and Sherry Drive. [t was reported that the Public Safety Department had looked into this matter and determined the cabinet did not obstruct the view. There were no further public comments and the public hearing was closed. There was no discussion and the motion carved unanimously. 7. New Business: A. Authorize the City Manager to execute a contract with Architect William Morgan to design renovations to the lifeguard building Motion: Authorize the City Manager to execute a contract with William Morgan to design renovations to the lifeguard building. Public Safety Director Thompson explained $40,000 had been budgeted for the renovations from money received from the interlocal agreement with the City of Jacksonville. It was further explained that Lifeguard Captain Chip Drysdale had been working with William Morgan on the design of the building. The NAME OF COMMAS. M S V Y V N MESERVE X REED X ROSENBLOOM X X SHAUGHNESS X X FLETCHER % MESERVE X REED X ROSENBLOOM X SHAUGHNESS X X FLETCHER X X Minutes Page 2 November 11, 1996 A. Acknowledge receipt of monthly reports from Code Enforcement and Recreation Departments The consent agenda items were received and acknowledged as presented. 5. Action on Resolutions: A. RESOLUTION NO.96-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SETTING A TIME AND PLACE FOR A PUBLIC HEARING ON A PROPOSAL TO LEVY A SPECIAL ASSESSMENT FOR A SEWER LINE TO SERVE THE PROPERTY OWNERS BETWEEN 16TH AND 20TH STREETS ON BEACH AVENUE, AND ON SECTIONS OF DEWEES AVENUE, SHELL STREET, COQUINA PLACE, OCEAN BOULEVARD AND SEMINOLE ROAD, AND PROVIDING AN EFFECTIVE DATE Motion: Adopt Resolution No. 96-51. Mayor Fletcher read the Resolution by title only and explained the public hearing on the special assessments would be held January 20, 1997 at 7:15 PM in the Commission Chambers. It was also explained that a notice would be published in the local newspaper and individual notices will be sent to the affected property owners. There was no discussion and the motion carried unanimously. 6. Action on Ordinances: A. ORDINANCE NO. 5-96-28 -Public Hearing and Final Reading AN ORDINANCE OF THE CITS' OF ATLANTIC BEACH TO AMEND CHAPTER 2, ADMINISTRATION, TO PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES FROM GOVERNMENT-RELATED STATEWIDE OR NATIONAL ASSOCIATIONS AND PROVIDING AN EFFECTIVE DATE Motion: Pass Ordinance No. 5-96-28 on final reading. NAME OF COMMAS. M S V Y V N MESERVE X X REED X X ROSENBLOOM X SHAUGHNESS X FLETCHER X I MESERVE X REED X ROSENBLOOM X X SHAL'GHNESSY X X FLETCHER X MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, NOVEMBER 11, 1996 PRESENT: Lyman Fletcher, Mayor John Meserve Tim Reed Steve Rosenbloom Suzanne Shaughnessy, Commissioners AND: James Jarboe, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order. The invocation was given by Commissioner Shaughnessy followed by the Pledge of Allegiance to the Flag. ], Approval of the minutes of the Regular Meetinp~ held October 28. 1996. Motion: Approve minutes of the Regular Meeting held October 28, 1996. The motion carried unanimously. ~. Recognition of Visitors: Alan Potter of 374 Second Street presented a letter to the City Conunission indicating his opinion that ... "insufficient engineering design work had been accomplished and presented to support `preliminary' cost figures or warrant any consideration of proposed property assessments." The figures referenced in the letter came the Series 1996 Utilities System Revenue Bond Statement. As requested by Mr Potter, the letter is attached and made part of this official document. (Attachment A). 3. Unfinished Business: There was no unfinished business. 4. Consent Agenda: ME OF COMMAS. M O T I O N S E C O N D y O T E D Y E S V O T E D N O MESERVE X REED X X ROSENBLOOH X SHAfIGHNESSY X X FI.ETCHER X CITY OF ATLANTIC BEACH SPECIAL CALLED MEETING NOTICE IS HEREBY GIVEN THE ATLANTIC BEACH CITY COMMISSION WILL MEET IN SPECIAL SESSION IN COMMISSION CHAMBERS, CITY HALL, 800 SEMINOLE ROAD, ON THURSDAY, NOVEMBER 7, 1996 TO CONSIDER THE FOLLOWING AGENDA: 6:30 PM Action relative to Johansen Park storm water drainage 7:15 PM Discussion and related action on curb & gutter/rebuilding of roads in core city area THE PUBLIC IS INVITED TO ATTEND. ,. ~~' .1 ";`.1'''i ~ ~„ ~~i 1~ ., ~ '~t~f, ~ ;I~,i ~~ ~1r~~ ,,. .~_: .~ ?,;!, ~i' S. ,, ~,F; -,, ~~l`.t). ~~~~~ ~~ :. ~~, ~' k. ~l ~ ~~ . -~ ,' ! ,, , . ~: ' '(.lR,' ,. `s~~~~' ~<<~ ~~ :~ ~ ~ _ EXHIBIT A ._ MINUTES - NOVEMBER 7, 1996 PAYMFN"T OPTIONS F R CORE: CITY CI lRK & G11'I'TF.R/CTRFF'T RFRi11i 11 OPTION 1 - COMBINATION FUNDING Amount Conseq ~e~ nces I. Assessment for Curb & $330,000 $12 per mo for 5 years at 6% Gutter for average SOft lot 2. Levy & Donner Rds. l 90,000 Put off to Fy 98/99 funding 3. Gas Tax Fy 97/98 400,000 No new paving till Fy 98/99~i 4. Gas Tax Reserve 280,000 Emergency road repair from General Fund Reserve Total $ I ,200,000 OPTION 2 -BORROW' FOR ROAD. RB & GUTTER 1. Borrow using Gas Tax to $1,200,000 No new road paving or pay back the load drainage until Fy 2000 OPTION 3 -PROJECT ASSESSMENT 1. Assessment for total $1,200,000 $28 per mo, SOft lot at 6% for 7 vrs, 12yrs - $20 per mo OPTION 4 -BORROW' FOR PROJECT & FUTURE ROAD 1 Borrow using gas tax to $2,000,000 Obbgates Gas Tax until Fy pa.' loan back cti pave 2002. ma_v require tax other roads increase L•rcN r -r ~-' Page Four Minutes of Special Called Meeting November 7, 1996 explored further as the estimated assessment was reasonable and would probably not cause too much of a hardship on property owners. Commissioner Shaughnessy moved to adopt Option 1 with the understanding that if the bids came in under budget or funds were left over, the reduction would be passed on to the property owners. The motion was seconded by Commissioner Reed. The Mayor then invited comments from the audience. Several people supported the project but felt the assessments would present a burden for people on fixed incomes, while others felt that since many of the residents had lived in that area and paid taxes to Atlantic Beach for upwards of twenty years, it was unfair to require them to pay any assessments. Following further discussion the question was called and the motion carried unanimously. It was agreed the city would make every effort to keep the cost down or find other means of funding the project. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 10:30 pm. Lyman T. Fletcher Mayor/Presiding Officer ATTEST: Maureen King City Clerk Page "three Minutes of Special Called Meeting November 7. 1996 Following further discussion, the question was called and on roll-call vote, the motion carried on a vote of 3 - I with Mayor Fletcher voting nay. 2. Discussion and related action ou curb and gutter/rebuilding of roads The City Manager explained that the base infrastructure project would provide storm drainage pipes with collection inlets and new water and sewer lines in the core city azea. Curb and gutter had not been included in the base project but it was the opinion of the engineers and city staff that the addition of curb and gutter would add several years to the life of the roads. Discussion ensued and there was consensus among the City Commission that the project should be "done right" because to do otherwise would probably cost more in the lang term through maintenance and repairs. The Mayor then invited comments or questions from the audience. Inquiry was made regarding whether new sidewalks were included in the project and the City Manager advised that existing sidewalks would be replaced if they were damaged, but that no new sidewalks were included. It was also explained that the roads would not be widened but a small amount of property would be lost to construct the curb. Several citizens indicated they were in favor of the project and it was suggested by one resident that a smaller number of inlets would be required with curb and gutter which would reduce the cost of the project. Other citizens, however, indicated that they liked the present appearance of the area without curb and gutter. Following fuuther discussion, Commissioner Shaughnessy moved to approve the concept of curb and gutter and investigate the funding. The motion was seconded by Commissioner Meserve and carried unanimously. The City Manager explained that adding the curb and gutter and lowering the streets an average of twelve inches was estimated at $1.2 million. He gave an overview of four options to fund the additional $1.2 million and a copy of his payment options is attached hereto as Exhibit A. It was the consensus of the City Commission that the city should not borrow further money for the additional work but preferred funding the project by means of Option 1 or Option 3. Following further discussion it was consensus that Option 1 should be 1'Gi..': NV 1/illl Qiei U: SI~'~%a (ali~C ±. i_~1IL ~~0:'_"IrIU':f : U'~'_ alic wvuic als: m~~ tnr S: ;lnrts Rive- N a>~. ~9anaeemerl: 7:~-i:1 ~ \ir.U'.1 :1~ Irtnluvr. reuui-ernerl: C:Imrrussitm-- )nslnc*nn~:i ser,~c W~tF i ommi~ion; \1;~rvc atlc mdic;at~c sil: dlc nx i°r~ comiarabi: taizns: the fallttr: re:,,mmendanan {_ulnnlissiutte- rued maul*~c w~nerhe. the pipint s~~s[em w,,uld m.~l the ti~U?~4i~"~ rrtrnvvn rcauir~rnerl*.s and !.hr !.1>rlbex•s respond t~lat n w:,uid not \M1av,,t t'ictchcc uiylured hvN a decisioc to pip; the Johansen Para, aree would Impact N.~w£Il PAr# And A4r IJiathews indicated filar retention to lioW~ell Part would hEVe to 1`e tn.~res.c.i ayprvxirnateh a~ e for a~ a x,th tha: deleted from Johaacen ?'a~i, I ullowinK the C olnmission dls: ussion_ the'.1s.~or invited comments of quc~on. from the audlrn;x Several clttzrns spoke and offered sugaesnons Includrne lowennc the Iesrl of Selvx lagam.::onstructtng a pump station at Fleet Landrng, and draininc Sehx \txnnx l'Ir:le along 12th Street. others hoped the project could be undertaken Uithwt xnv chxn4e: m the park Following a frill discussion of the matter. Commissioner ~tesene moved tkat the ('ih Commission agree with the engineer and fet h® >~ ahead and dexign a water throughway through Johansrn Park as recommeeded to thkc Commission, lire motion wss seconded by Commissioner Reed. Discussion ensued and Commissioner Meserve indicated that his motion was intended M authorize the engineer to change the artist's rendering of die lake to save trees or am other reason he deemed necessary. He requested that Mr. T\lathews wort: closely with the City Commission and the neighborhood and make the lake as aestheticalh pleasintt as possible. Commissioner Shaughnessy pointed out that George Bull, whose family had donated the land to the city, had indicated in a comment in the Beaches LeaJer that the consttvctian of a lake would satisfy his family's intent for the park whereas construction of a ditch would not. She did not like the drainage pipe option since it would not alleviate the muck problem. Alayor Pletcher felt that Johansen Park was a unique parcel of land and a landmark in the city and felt it should be preserved in its present state if at all possible. MINU"fES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS, 800 SEM[NOLE ROAD, AT 6:30 PM ON THURSDAY, NOVEMBER 7, 1996. Present: Lyman T. Fletcher, Mayor John Meserve, City Commissioner Tim Reed, City Commissioner Suzanne Shaughnessy, City Commissioner Also: James R. Jarboe, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Absent: Steven Rosenbloom, City Commissioner The meeting was called to order at 6:35 PM by Mayor Fletcher. i. Action relative to Johansen Park storm water drainage Hugh Mathews, of England, Thims & Miller Engineers, the design engineers for the infrastructure improvement project, gave a brief overview of the three options for drainage in the Johansen Park area and their related costs, which had been presented at the previous meeting of the City Commission. In addition to the original three options Mr. Mathews presented two additional options for Commission consideration which, he indicated, had been prepared based on public input at the previous meeting. He explained a pipe could be installed on Park Terrace East instead of through Johansen Park and he estimated this method would cost an additional $100,000. Alternatively, the City Commission may wish to consider installing a drainage pipe on Country Club Lane to the Selva Marina canal. This option would have the advantage that it would not add any additional cost; however, it would provide no storm water retention and would not improve drainage on Selva Marina Circle or the ponding on 13th Street. Following Mr. Mathews' presentation, the Mayor invited questions or comments from the City Commission. ('ommissioner Meserve felt that all areas should be addressed and problems solved in the best way for the whole city and asked Mr. Mathews which method he felt wold provide the best drainage. Mr. Mathews responded that the lake would provide the best drainage Page 2 Agenda November 25, 1996 8. City Manager Reports and/or Correspondence: A. Status report on Capital Improvement Projects 9. Reports and/or requests from City Commissioners, City Attorney and City Cltrk Adjournment If arty person decides to appeal any decision made by the City Commission with respell to any matter considered at arty me~irtg, such person may need a : ecord 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. Arry 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 Chambers. !n accordance with the Americans with Disabilities Ad and Section 286.26, Flotilla Statutes, persons with disabilities needing special accotnmodabon to partiapate in this trteeting should comas the City Clerk. CITY OF ATLANTIC BEACH COMMISSION MEETING -November 25, 1996 AGENDA Call to order Invocation and pledge to the Flag Approval of the minutes of the Special Called Meeting of November 7, 1996 and Regular Commission meeting of November 1 1, 1996 2. Recognition of Visitors: A. Introduction of new Public Safety employees 3. Unfinished Business: A. Dames & Moore presentation regarding proposed design of Tresca Park B. Approval of final Management Plan for Tresca Park C. Adoption of long- and short-term contracts for use of city facilities 4. Consent Agenda: A Acknowledge receipt of monthly reports from Building, Fire, and Public Works Departments 5. Action on Resolutions: A. Resolution No. 96-52 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RESCHEDULING THE TIME AND PLACE FOR A PUBLIC HEARING ON A PROPOSAL TO LEVY A SPECIAL ASSESSMENT FOR A SEWER LINE TO SERVE THE PROPERTY OWNERS BETWEEN 16TH AND 20TH STREETS ON BEACH AVENUE, AND ON SECTIONS OF DEWEES AVENUE. SHELL STREET, COQUINA PLACE, OCEAN BOULEVARD AND SEMINOLE ROAD, AND PROVIDING AN EFFECTIVE DATE B. Resolution No. 96-53 , A RESOLUTION OF THE CIT1' OF ATLANTIC BEACH TRANSFERRING , FUNDS G. Action on Ordinances: 7 ~eN Business: A Authorize staff to neeotiate for a professional communications firm to provide professional services in the completion of the 800 MHZ communications system •~ 100'30bd '74101 ~~ 79i~NN'. 77n0Srrti[r 11i: yi:aO D~p,(Wnr W. rwu,rf rG/~^, H.w l.pFfSigNwl ll JW OOYPJY~•V9 ]y 4„„y,,,~t>LW. 1'OYlwnp BEAC!~ fl ]]Oii .Y MYtlI]. 1111 ~i OII1wN00 Fl 5]tlc tAY/f, fE ]]{T7 Iw0ryE I]Gt1911LiW /rlpi[ lit 711LJJ~0 Y~M1[ MKLit IL ].1M] O~wnGi IAIYC fl I01] lar., 69P)u3 MW+[ N']I MiAOi] Ih01tt 0~]141YI0 I^OMC IRU1 n-11]yS Supp-yi.iB A--Typ., of SG~eo ~ 5~9w- M~vidf OIJplATtON A FlRGU..ON [NtER~RIS[ < -i 17iwn~ T r~}A ~~~~~ `LZ(~/:. ~ ~r ~i'e/r}'1Li.r n ~ YoL ~ s° E~cfie~t l ~ L Gkzirn ~ `~~, ~ L M a ~,oc~rr ~ a_ J -_-~ _~ ~. I ..,. ~,.... Yo I . as Yiw1~ i ar Qpi M .YM 3 a1~M. •fiiwi.t'ICN , I M ~ -- win a,. 9 0 z ~ o,, ----~1-` -~~~ ~ . , -'- - - 4 ~ - ~.~.. - r_--- ~.. _ 8 - --- - ~ _, 7 - -. •--- -- ---~ --•-- - t - a ~ -__~.._.. - 30 - - ' F-- _ ' _..._.._ _._ fi _.___ 3T ~-; - ~ - - - 14 ~ ._._.. __.~ -~ 16 ~- 3 37~ 18 :, 19 - -~ mI - 4 Z1 ! ~ ) ~ ~ ~ it """ --- Z 3 iY. r'nt.. Y's .DV Iwf alhwi.l ~wT 4 fit Iry.~w[ IY •: -•.::Iet.w.r, N tary. Fa{~:... c-«.n... I.a ..f .. w..i1~ ~-•.,~,t: 1 .wa- .~ i.P.. .. I...~w.! .........a ~..w.n 4rviv faw.+. W ....r.1. ...e.c awvr. s .,,.4r s+ I.,r ., ourw...nAni/q ..awn I.wn.s.w rd i.ne4 .w~Iwr.v w "".M ~fY P Mwi1 !w • p.tMMr Mi.a ~ a4s TFg.~~n \NY reS 1~4eb...s.reetry w Iwi.Int1, fr wR' Ma IOR awgw, w eira..i[hJ,ni .«M..t Ihn.':n., w•OI.IiMNI w ~.~y1rb1 iyrwyl, wy:ni fY~wkY n• rn. -- .., ir1M M eams.....e.dtl.w w w w arm w.wet cC'3~Cd oA*eo /~ fE11O UMOEtiGlgtlNp INC. f eZ~Et 96. 8E loo .~..v~06-96 04:33 AA SL {~1 t1 -. .~.~_ SERVICE 1 904 783 3197 P.02 F, ~ SEPTIC TANK SERVICE, INC. luny MasienGyP Yto~ect Manage 8300 WeU Beaver S!r~e! JaCkionVitle. HoudC 51?lr 'clephone 90a-761 ~~818 Fax 90~-783-3197 November 5, 199b Mr Robert Kosov. P F City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32231-,3~' City Project No AW 9602 Project' Water Main Extersion ~: r„~, rnrt Road Dear Mr. Kosoy As per your request, we are ,ui~rni~tiog rite breakdown on the change order you requested earlier. We think that you will ;;;::i , ::*.zt this change is appropriate, and fair to all parties concerned A . MATERIAL.: See attached ie. ~i. r ~ ~JZS~ a-3 A B. LABOR: Robert Linville 130.00 Tony Massengill Su ;, GtiRS 51.50 Todd Johnson ; , ' " `; tiHRS 45.00 Jimmie O Quinr, is X 6fiR5 45.1)0 Ron Senechal '• !! ?: 6HRS 57 00 Eddie Faulk v ~_ ~:, }; 6HR5 54_lb t lnwrance & Benefits C. TRACTOR K FUEL . D. CONCRETE _ !ttl5±S9 39 2.0 0 2s0j: -+ on labor ~382.00~ 95.50 5477.50 ~ _ .5134 00 C . ,:;.<.: 1.. ,move and replace hank you, r-1. -. . ~'I on} M2kSengdl 5195.00 5105.00 ---~p~ 300 52,037.33 ~i A+B+C+D OK {tlth 4b ~o II-II-9~ AGE~D,117'E~1 Sl'B~iITTF.D B1': nxrE: BACKGROi'\n: crrti' of a rLa~Ttc BEACH ct~~~ covl~llsslo~ ~IEETI~c S"I'aFF REPOR"1' USI=. OP CONIINGI NCY OIQ WATER M.~IIN EXTENSION AT MAYPORT ROAD Robert S. Kosov. P.E. Director of Public Works November 5. 1996 During the installation of the Water Main Extension at Mayport Road Project (BW9601 now• AW9602), the Contractor encountered an underground concrete bla;k . approximately 15' x 15' x 6' high, ~yhich appeared to be the foundation of an old Florida Depanment of Transportation overhead sign structure. The contractor was directed to go around the foundation urine 45 ` bends and additional pipe.. RECO'1f~IF.\DaT10\: Contractor To Be paid 52.037.33. as Outlined In The Letter Dated 11-D~96 from Project Contingency of $2,981.18. :1TTAC11~1E\TS: Letter from A,~ Septic Tank Senice, Inc. To Robert S. Kosov dated 10/4/96. RE~TEN'ED BY CITY ~1;A\aGER: 4 The date ofexecution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B", and "C" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT. CITY OF ATLANTIC BEACH Title: Mayer Date: By: Accepted as to Forth and Legal Sufficiency: Date: ADDI\95-051-P56 I 0-30-96 2 FLORIDA COMMUMTIES TRUST By: James F.Murley, Chair Accepted as to Form and Legal Sufficiency: Ann J. Wild, Trust Counsel Date: ^ CONTRACT# FLORIDA COb41vfUNITIES TRUST P56 AWARD #95-051-P56 ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM I to the Conceptual Approval Agreement is entered info by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF ATLANTIC BEACH (FCT Recipient"), this 11 day of Nov , 1996. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Projec[ Site subsequent to its acquisition with the FCT Preservation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expires November 8, 1996; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3ofthe Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(k), F.A.C., has timely submitted to FCT a written request for extension of the November 8, 1996, deadline; WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 3. and paragraph 14., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 3 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before November 8, 1996. 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hcreby extended until ~4ay 8, 1997. ADDI~95-OS I -P56 10-30-96 r 7C STAFF REPORT ~ I _ I ~' 9~ AGENDA ITEM: Addendum to Conceptual Approval Agreement SUBMITTED BY: George Worley II, Community Development Director C' ~C DATE: November 5, 1996 BACKGROUND: In April of this year the City Commission approved a Conceptual Approval Agreement between the City of Atlantic Beach and the Florida Communities Trust as a part of the Preservation 2000 grant. This grant will reimburse the City 50°k of the costs of the Tresca property purchase. During the past several months a draft management plan was submitted to the FCT staff for review and comment. Redraft suggestions for the management plan have been sent bads and forth between Atlantic Beach staff and the FCT staff several times and efforts have been made to have the Appraiser the City used placed on the states approved list. We have nearly completed the redraft of the management plan to satisfy the requirements of the FCT. That redraft should be ready to submit to the City Commission at the next regular meeting for approval. The Appraiser problem has not yet been solved. The Appraiser must submit additional information to the state. These two issues appear to be the only ones remaining to be resolved. The existing Conceptual Approval Agreement expires this month, however the agreement can be extended until May 8, 1997 by adoption of the attached addendum. The FCT and the City of Atlantic Beach have worked Gosely on this effort from the original grant application through to this point and, although the details have taken a considerable time, the result will be reimbursement of 50% of the purchase cost of the Tresca property along with a reasonable and achievab'~ management plan. RECOMMENDATION: Staff recommends adoption of Addendum 1 to the Conceptual Approval Agreement and authorization by the City Commission for the Mayor to execute same. ATTACHMENTS: 1) Addendum to the Conceptual REVIEWED BY CITY MANAGER: CITY OF ATLANTIC BEACH DIVISIONAL FXPENOITURES GRANT FUND POLICE GRANT FUND REVISED ACTUAL ACTUAL BUDGET BUDGET INCREASE P R ONAI CFRVI!`t=C~ _ 1993-9I _ 1991-95_ _ 1995-96 1996-97 DECREASE - WAGES Salaries artd Wages 3,937 74i ovatt:ne sver~ ~r 3t1t3-TOTAL 3,937 741 BENEFITS FICA PertsM FMaMh trtsl+artce WoWer 6 unemploy Gump sue-rorAL Taal WAGES - aM BENEFITS OPFRATIN - GXPFNCF~• 3,937 741 Prolessiorlal Stsrvtces Ac»aapkt9. Au6tig Investipallcrts T 4.303 ` 9.250 12.000 2 .A2 6.271 4.250 4.500 250 lAiGies Itspals, Leaves ktstxartce R ai M i s, a pertance M Pmlirtp, PuDYsltrtp AdvMairtp, Prorndion outer ctx,e.p Charges olrtoe Saupees OGeral~q ~~'~ Books. Sub. MenWerships 2.186 3,549 4.100 5.560 1.460 Irpemal Service Charges Total Optxatirtg Expenses 6.997 6.620 17.600 22 060 CAPIT 1 O IT AY' . 4,460 i LarW Btildrtgs Outer lntproventergs EVtxPrrterp Catslrugion ~; Progress 3,637 22.208 22,400 1,500 (20,900) Total Capital ONlay 3.637 22 208 22 400 nl=er~~ . . 1.500 (20,900) Interest Olfter ToW Debt Service TRAN. F RC To To Outer Total Trartsfars DNISION Tp7pl C~ _14,SG5 31.769 _ 400y00 _ . 23560 _ L6~40) rr .Z y ~m I ~ i >D N m T C 2 O H r T Z 1 71 nt f •r i ~~ Zt J 7 nt: r .l v m nm ~N ~m n~ A m i D oC 1s- y Q~ C m I i 1 r SUBGRANT AWARD CERTIFICATE (CONTINUED): This grant shall become effective on the beginning date of the grant per'od provided that within 30 days from the date of award, properly executed Certificate of Acceptance of Subgrant Award is returned to the department. ~. Authorized Official Clayton H. wilder Community Program Administrator Bureau of Community Aeristance 10-[0-9~ Date [X]This award is subject to special and/or standard conditions (attached). BCA Revised 7-I-79 State of Florida Department of Community Affairs Divisicn of Housing and Community Development Bureau of Community Assistance The Sadoswki Building 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 SUBGRANT AWARD CERTIFICATE Subgrantee:City of Atlantic Beach Date of Award: ~.~ T 1 ~ 195 Grant Period: From: 10/01/96 To:09/30/97 Project Title: Beaches Drug Task Force II Grant Number: 97-CJ-6J-04-26-02-104 Federal Funds: $17,670.00 BGMTF Funds: Sta*_e Agency Match: Local Agency Match: $5,890.00 Total Project Cost: $23,560.00 Program Area: 002 Award is hereby made in the amount and for the period shown above of a grant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100.690, to the above mentioned subgrantee and subject to any attached standard or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100.690. ~8 ii- 11- 9~ State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 97-CJ-6J-04-26-02-104 in tt'ie amount of 517,670, for a project entitled: Beaches Drug Task Force II for the period of 10/01/96 through 09/30/97, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) (Typed Name and Title of Official) DCA-CJ Form 1 (June, 1985) I/2"CDX oN 2r9@ ISO" r a z 0 d. w Cy Q r~ w u.- 1 b r fl J 12 EXT• C3RA~E _ _ .. T`(QICAL POST Q Xa ~-r; Pdsr $o LT ~-I/2" cox oN 2X9@ib" ~ I /2" C Dx ~T-I-1I ON 2x~~ 1G" ~/2' CDX ON 2xq Q I6" 4" Ir~SUL. BA7i5 ~/. C.T. o-J 3/4" C.D.X• TH f'R, D F LQ I'J2" =Ir ~n "CDX OU 2X8 @ I Co" 4x12 ~.T. 8~M ~ 2 ~ 12 P,T. ExT. ~ KAC~ t-1-11 CoN% bl'Dlhl G Ex~sev 2~Q 6Tvvs S/~" x(o"ALASKAN PING FIRST FLR ~f- 9 xt2 P.T. C3E•~M 2x12 p T. ~X'f. 3RgCE H tY 0 3 a: w Q N n a u J on J 4 Z O t= 2 O m' ;ANZWtJA IE-- 12+ HfGH F1.AC, 57AFF ~ 'ZQ (o ~-° Q.S.C. 'D 0.712 ~ ~ 7 I-11 PLYWD. gooFTOP n A/~ _ F,T S.Y ~ RAi~WG / i ~ ~ ~ G/~"X(o"ALASKAN PI+~IF - - - sPa~ED TO DR~,W ON 2k~o" P,T. Ilo"D,C. + `~ ~ ~ Sai=F+7 onl 2x8 La I(o" t~ 2`!(oa FS.c. DOOM 2'x4"STupSal~" w/Ir-suL. / V.C,T, dVtR 3~4"CDC ON 2"xg "P,T. ~6"D,C, U I /2" Gt7X . 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M j I I 12 + I ~ I~ ~ I ~ ~-- ------fit. ~-zan~ n~..r /.Aw•~G .%/• is __\____ _ T-I-11 ' `~ T~I-II T ~ it I i '~ I ~;~ I ~ .' ~ ~ i.. \ ~_---~ r- - ~- -- - l9 ~ klhl_? w , ~ -.-,-, ,~1.-_~J _iii I; If ~i~_~~ f i_ ~i I+ ,~ Q ~ , f' ,,I I~ II. fl~ ,,{,l I+ ,//l ~I I.~II ~~ 1'I~~~ II j 1 ~.~ ~ I :f ~~II!~:I ,, ~ , iv.., ~i' I ~ ~~ ;i f LL ' I i ~ f i i I j i t ~~ J - ~ ~l~`~i ~~ ~ ili~~~ ~: T-1-II \~ ~j T-1-11 ~ ~i \ l Q I I f i i ~) ~I. / i f u t- ~ -_- -- T V Q 2 Q 0 3 ~9 a W N N 4 Q W U J ~-U 1 H 9~ 4' Q J S OI Q A 3 J ~~ OBE N ,; + ~i ~!~~ 'i ,; l~ ~ i r ~I ii ' f I i ~ ~ ~ I I ~ O '~~ ~,, I 3; i! i~ ~ ~ j ~ I i o~ j I ~ ~ ~ ~ ~~ L ` I~ ~~i 11 0 }I i J1 o. ~ OI m I ~~ ' ~I 1 ~ °f'~E~J I ~ t I 1 I ~ ~ i ~- - -~- - - - - - - - --L - -1 r <~ n J 1 ~T~ V 0~ d `ki Y o~ 20r0„ S V Q z a 0 3 l3 6l u~ N Q w L• J T V Ln !-- Q N 2 Q J 4 T O 2 0 ., 0 rp ~W NL ~--r O ~. 3 a -`~ a~0 M~ `~ ~~ ~~ ~~ M N ., O nl REMUVA b~~: IADUC2 Q i r J ...........I........~l.~Ly'~'9~i~'......... . BG VQ.. /00' • • • •,,p~/fD•~S.4Mf /7?'I90-pp0o ~an ~ ~~~ ~ lD 9 ~ - - O ~ ,~ e F' 1 F'~~_~ ~ . ~~ •~ ~~~~ ~ y ~_ , ` 4 . .. j i ". ~ . • a ~~~t~.~t: ~._v~Zt ' I'/ ~ .•~ M ~ M1. ~. , ~ •{ • T x' `~ ~a w ~ ..4 .7 c9 _~~~ y ~. ~ F L~ ~ r .K •~_ .. `v '~ ~ .. ~ `t ~` _ fr. . . 11.5.3 The n[a and muluplcs sc[ forth for Additional Service shall be annually adjusted N accordance with normal saluy review - pnc[ices of the Archi[ea. ARTICLE 12 OTHER CONDITIONS OR SERVICES (/nurr rtescnpnoru o/ otter xnatee, rdmr/y AQQrnowl Servicer intrudeG ruirbm Brit Cornpeuarion mN npC1/icyrnns to rbe pvynym onp <prnperuylon torn( inc(uder! m rbn Agreement/ The Architect will endeavor to complete construction documents not later than the end of January 1997 in order to permit bidding cr negotiation and award of contract for co[:atxuetiou during February 1997, with the view of commencing construction as soon as D.E.P, permits are received. The Owner agrees to demolish and remove the existing lifeguard structure in a timely manner, and to wave the usual fees for a building permit, impact fee and sever fee. The Owner will provide temporary vater and power to Che site during construction vithc•ut charge to the contractor. This Agreement entered into u of fie day and year first writtrn above. Ovc"ti ER (Sigwru.eJ nanrr orN 4r(e/ __ _ r A4 CIOCUMENT 9U1 O`a']~_°R ARCH[TECT AGREEMENT • EOURTEE.NTH EATON • AIAe • a19R' THE A.NERIUy L~STITUT E OF ARCHITECTS. I'S5 eE\S' YORK AVENUE. N i. WASHINGTON, p O 20ooI 8141-1987 1Q 11.2.2 Where compensation u based on a stipulated sum or percenmge of Conswcuon Cost, progress payments for Buie Services in each phase shall tool the following percentages of the tool Buie Compensation payable: ,- //assert mldu+onu( phruo as upp.oprmn / Schematic Design Phase Design Devc!opmcnt Phase. Conswchon Documents Phue. Bedding or Ncgotiwon Phuc: Coruwction Phax. 675 initial payment 900 1,800 225 900 percent l 1 5~ ) percent( 20°k) percrnt ( 40~ ) percent ( 5~ ) Total Buic Compensation: $4,500 17.3 COMPENSATION FOR ADDITIONAL SERVICES one hundred percent (1 OOY ) 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, u described m Pangnph 3.2, compensation shall be com- puted ufollows. An amount not to exceed $1,500, unless au[hcrized in advance by the Owner, [o defray Kevin Panel's fee for D.E.P. permitting, of which $700.00 is due upon execution o[ this agreement. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, u described m Articles 3 and 12, other than (1) Additional Project Represenntion, u described to Pangnph 3.2, and (2) servims included in Aricle 12 u put of Additional Services, but excluding ser- vices of consuhants. compensation shall be computed u follows: I/nsM bw+s c/ [ompmsanon mduding .ores andbr mufnpes o/ Orrrcr Persw+nN EYperur Jor Pnnc+pds and rmploYers, and rdmr Jy Pnnnpab and class/y rmplpveer ~J requvrd fdenn/y sprc~/¢ serzYUS ro umch parncu/ar method. of [omprnsanon aPMy~ +/ "K°~O') ' None anticipated. 11.3.3 FOR ADDITIONAL SERVICES OF CONSOLTAenN"TS, including addiriorul swaunl, mechanical and electrical engineering service and those provided under Subpangnph 3.4.19 or identified in Article I? u part of Additional Services, a multiple of not applicable ( )times the amounts baled [o the Architect for such servica- //drntyy spn+/¢ rYpes of [onsu/tantt rn An¢4 /?. i/ rtgwrM 1 11.4 REIMBURSABLE EXPENSES none 11.4.1 FOR REIA18L'RSABLE EXPENSES, u described m Pangnph 10.2, and any other items included N Anicle 12 u Revnbursable Expenses, a multiple of ( )times the expenses incurred by the Architett. Ne Archi[eci s employees and cotuuhants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS none 11.5.1 IF THE BASIC SERVICES coveted by [his Agreemrnt face not been completed within ( ) months of the date hereof, through no halt of the Arcltitec[, extetuion of [he Arclu[ctt's services beyond ttut time shag be comperuated u provided m Subpangnohs 10.3.3 and l 13.?. 17.5.2 Payments arc due and payable fifteen ( IS )days from the dam of [he Arch¢cc['s invoice Amounts unpaid thirty ( 30 ) da}'s after the invoece date shall bear interest a the rim entered below, or m the absence thereof a the Iegal rite prevailing from cunt ro tune a [he prinnpal plxe of business of Ne Archnea. !Insrr mre of mrnar agrrrd upon / /Usury lout and rrquerrmmrs under the fede+N Truth +n Llnding ACr. srm+(ar SlNl 4IN I[XaI COnfY/nfr CTQIr Ial[Y and OllHr IfgWOrbN ar rM ULL'nfr f aI1d ATJ1r' rrcr s pr:nup.d ptaa•e of bvsmos. the luwron o/ rN Pre/rcr and dseuhnr maY a//ar r/x rm'uLry o/ rAS pro[ ~sson $p~ra/u legal aQr~rCr ilWWa d Ob(mnnl a-ash roper rc drlrrmns m mndi/+[anom. and a4n rrgardmg regmremmn tote as u.~um drsclosurrs or u.nu m J AIA OOCUYEaT 011 Out"]ERARCHITECT AGREEMENT • FOCRTEEbTH EDTOK • AIAr • P19RT 9 8741-1987 THE AMERICAAf?STITCTE OF.ARCMITECT5.1'75uZ`a'YORK AYE~GE.Pa.aASF11`sGTON,DC 20006 the speck information considered by the Owner to be mnfi- dmna or proprictan~. The Owner shall provide professional credit for the Architect on the construction sign and m the pro- monona mueriak for [hc Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Ezpcnsc is defined u the direct salutes of the Architect's personnU engaged on the Project and the portion of the cost of thnr mandatory and customary con- tributions and benefits related thereto, such u employment taxes and other s[amtory employee benefirs, insurance, sick leave, holidays, yncations, pensions and sim i7ar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reunbursabk Expenses are in addition to compensa- tion for Buic and Additional Sen•ices and include expenses incurred by the Architect and Architect's employees and con- sulrmts in the interest of the Proica, u identified in the follow- ing Clauxs 10.2.1.1 Expcnx of [nnsportuion in connexion with the Projecr, expenses in connection with wchorized out-of-town navel: long~dutance communicuions, and fees pud for xcur- mg approval of authoriu<s having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Dna~ings. Specifications and other documrnrs. 10.2.1.3 If authorized m adyancc by' [hr Owner. expense of oyature work requiring higher than regular rates 10.2.1.4 Expense of renderings. models and mockups requested by the Owner 10.2.1.5 Expense of addinvna insurance coverage or Iunirs, including professional liabilin~ insurance. requested by the Owne: m exe~es of [hat normally earned by the Architect and Arch¢ca's consutrants 10.2.1.6 Espcnx of computcraided design and draping egwpment rime when used in connection wuh [ht Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 M initial payment u x[ forth N Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent paymenES for Buic Sen~ltts shall be made monthly and, where applicable, shall be in propomen to xr- vica performed within each phut of xrvice, on th< buffs set forth in Subparagraph 11.2 ? 10.3.3 if and to [he extent chat the tune initially established N Subparagraph I I.j. t of thu Agreerrcrnt u cxcredcd or ettrnded through no (wh of the Archl[ect, compensation for any xr- vices rendered during the addtnona period of rune shall be computed in the mamcr xt forth m Subparagraph t 131. 10.3.4 ~Y'hen compensation u baxd on a percenuge of Com struction Cost and any portions of the Project arc deleted or oehern~ix nor conswcted, comperua[ion for those portioru of the Project sha0 be payable to the eaten[ xn~tces arc per- formed on those portions, u[ accordance wirh the schedule xr forth in Subparagraph 1 1.21, baxd on (I) the lowest bona fide bid or ncgotiucd proposal, or (?) if no such btd or proposal is received, the most recent preliminary estunue of Construcdon Cos[ or detailed atunate of Corutmctton Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Archnrct~s AdCnlora Services and for Reimbursabi< Expen>es shall be made monthly upon presentation of the Architect"s xaremrn[ of xnlces rem dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 So deductions shalt be made from thr Architea~s com- pcnsuion on account of pcnary~, ligwdaad damages or ocher sums withheld from pad mrnts to contractors. or on account of the cost of changes in the `z ork oche-than muse for which the Arehrtec[ hss b<rn fount to be hablr 10.6 ARCM!TECT'S ACCOUNTING RECORDS 10.6.1 Records of Rnmbursabie Expenses and expenxs per- raining to Additiona Sen~lces and xn~ices performed on the buffs of a multiple of Ducct Personnel Expense shall be ayvl- able to the Owner or ;hc Owner's authorized representative u muttully convenient rimes ARTICLE 11 BASIS OF COMPENSATION The Owner steal compensate the Architect a follows 11.1 A.`INITIALPAY">1EVTof Thirteen Hundred and Seventy-Five Dollarsrl 1,375.00 ) shat be made upon execunon of this Agrecmrnt and crcdned ro the Oa~ner'S account ar fines pacmen[. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SER`: ICES. a drscrb<d :r. ?,: C:IC '. and any otter[ xn~ices mcluCeC m Amdr I' ~• part of Bu;c Scricc> Buic Cenpetia[lon shall be compered a follows lAu r: pna •, n:prnin/urn ou.u;Lng >hpu.o.rl ur .. .. is yrln , r r>rr, r;!~> arN Wrrrt:~i prvur> m uinJ, ~ .nu.<v ror:b.y rsu ~-. 1 ~~ a m(rrr:m.nu aj yOll i~ The stipulated sum of four thousand five hundred dollars ($4,500.00) for Architectural and Engineering services, and an additional amount not [o exceed Fifteen Hundred dollars ($1,500.00) for D.E.P. permitting. AIA DOCUMENT Bt41 ow •ER eRCHITH:T A ,RFE ~fEai • FOCRTEE.•rTH EDfTlO~ •AIA• • ~IVt' .r!E~`~IERiC+',6tTir: TrrrttR~HRt3-T},I'yc]F`+ytrRF A'E\I'E.9w.¢'aSNrvGTON.DC V.r.. 8141-1987 6 except by wnuen a;nxnr containing a specific reference [o this Agreement sgned by the Owner, Architect, and gist other person ur entity rough[ «i be joined Gmxn[ to arhanuan inroh~ing an additional prison cr cntiq' shall nu[ cunstuurr conxn[ w arbitration of any claim, duputc or u[her martcr m question no[ drxribed in the wnt[en conxn[ ur a'nh a perwn or enure not named ur described Ihrrrin. Thr (orrgning agrcr- men[ ru arbnram and other agrremrna ro arhunre wuh an additional person or rntin' duly cunxnted ro by the parties [u this Agreemcnr shah be specifically rn(urceablr in accordance with applicable lawman}' coup having lunsdiction [hereof 7.4 The award rendered by the arbura«x ur arhnratun shall br final, and judgment rage be rn[ered u(xm it m accordance with applicable law m any court having junsd:ctinn Ihrreuf. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreemcnr map be arrmirateC by tither party upon not less than xven days' w'rinen nutlet should the other party hil substantially to perform in accordance with the terms of this Agrmttrnt through no fault of the party wruwg nc~ termination. 8.2 If ;he Project Is suspended be rhr Owner (or more than $) amxcutire Jays. the .Srchltect shall he atmperuurJ fur xr rites prrfurmeJ poor «~ notice of such suspension. ~Y'hen the Pngect u resumed. [hr Architect's compensation shall be ryui~ able adlus[eJ n> provide (or rxprnxs incurred m the mrerrup~ lion and rrsumpnon of the .Archircc['s xn"ices. 8.3 This Agrecmcn[ mn~ be [ermim[ed by the Owner upon nut Jess than xvrn days' wrir[en notice to [he Architect m the evcm that nc~ Project is permanently abandoned. It the Project is abandoned he the Owner fur more than 90 conxcutive dacs. [hr Ardulrct ma+ [rrmma[r this Agreement he gicmg written nou¢ 8.4 Fellurc of the Owner ni make payments ro the Archnect m accordance wvh [his Agreement shall he considered subsunual nunpcrbxmaq~c and muse for ;rrminanun. 8.5 I( the Owner (ails [u make paymrm when due the Archi~ tea fur xn'ices and espenxs. the Architect mac, upon xvrn dais wnnrn notice «> [he Owner. suspenJ performance o(xr- clces under this Agrcrmem Cnlrss pacment in full is rrcen~eJ ha the Archnttr w-ohm xccn days u(thr date u([he nutirr. the wapenslnn shall take d(ca wuhout funhrr ounce. In the ccent o(.+ \usperonm u( xn~lcrs, Ihr Archnea shall hate nu Lability to the Owner tut Jrlac or damage cauxJ Ihr Owner breanx ul xlch susjxnslan tit ~crvurs 8.6 In the ea rot of [rrminalien not Ihr fault of the Architect, Ihr Archttcct o-h:di hr c. ~mprnsated fist xn~lcrs prr(ormcJ prior to Icnnmau~m. n ~tt"[hcr wish Rcimbunable Exprnx5 Ihrn due and .+II Tcnnuieu~~n Fsprnx> as defined m Pangnph H -. 8.7 T crntlranun E~pamcrs arc In addalun u> uimprnsation (or 8:nic anJ dJJmanal ~rn;crs. and uicludc cxprnxs which tic dur.dc an r:inaahic «~ trnnmauan Tcrmurauun Expcnx". >hall hr o,mpurcd ~~ ~ pcrrcnt:~qc of the luul cnmjxn>anun (or IS.o;c `cnices :m.: ~1:!dingy maI ern-ur\ rune) m the tune ul ter nunriun. a< n ~lh.aa s 1 latent. y~cncm of the rural onnpcnsahun fur Naslc :u:J ~Ju:n, n;al ~unres ran;rJ to dale J Irrmmarun ucnus !xGtrr ur Junng Ihr prcdr+~gn. stir anahsr~. ur S<hem.ins Ucsi¢n I'!u>cs. ur .2 Ten percent of the total compensation for Buie and AJdiuonal Sen~tces earned to date if [etmirution ,- occurs during the Design [Xvelopmem Phax; or .3 Fwr percent u( Ihr rural comprnsa[ion for Basic and Addmunal Services tamed to daa i( [ermirta[ion rxcurs during any suhxyucn[ phax. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 CNrss othrrw'ae provided, this Agrettnem shall be gov- erned by rhr law of the principal place of business of the Arc hitecr 9.2 'Perms in this Agreement shall have the same meaning u the:rx m AIA Document A'01, Genrd Conditions of the Cum tact (or Consr ruction. current as of the dare of [his Agrermrnt. 9.3 Causes of action brta~een the panics to this Agreement pcnaimng to xis or failures ro act shall be deemed to have accrued and [he applicable sn[u[a of limintions shall com- mence ro run our leer than either [he date of Substantial Com~ pletion for acts or (;inures to act occurring prior ro Substantial Contplerion. or the date of issuance of rhr final Certificate for Pn~mem fur acts or failures to ac[ occurring af[er Substantal Complaion 9.4 Thr On net and Architect waive all rights againu each ocher and against rhr contractors, consultants, agents and emplus ees of the other (or damages, but only to [he ex[ent Cov- eted by pmprny insurance during con5[Rretiun, excep[ such nghis as thee mac have [o the proceeds of such insurance u xt forth m the rdrtum of AIA Document A201, Gtnenl Conditions of the Contract for Construction, Curren[ u of the dale of this Agreemcnr. Thr Owner and Archi[ea Deli shall ceywre svnilar waiver (rum [he:r contractors. consultants and agents 9.5 The Owner and Archtmcr. respccuceh~, bind Ihemxlees. then par[ners. succcswrs, asstgru and Icg~l reprexn[arices [u rhr other pare u> this Agreement and ro [he panncrs. wcca~ airs, uslgns anG legal reprrxnutives tit such other party with respect co all cu+~enanrs of this Agreemcnr. Nrnher Owner nor Architect shall assign this Agreemen[ without the wn¢rn tom sera of the other 9.6 Thts Agrrcmun represents the rn«rc and intcgntcd agrce- mrm brtwern the Owner and Archrtec[ and superxdes all pour ncgotiamms. rcprcxnu«ons or agreements, tither wnt- cen ur oral Thls Agreement mac be amended Dole by written Irotrumrn[ signed by bnh Owner and Archl;ec[. 9.7 \uthmg am;mnrd In then Agreement shall crate a contrx~ mal rrla«onship nih or a cause of action m favor of a rhtrd pane agaunt athrr rhr Owner or Archaect 9.8 lnlrs+uthernix pro. ided m [his Agreemrnt the Architect anJ Architee . n mwhan[s shall hate no rcpemsihiGre for the dlecucen~, prr,rrce. handling. remocai or disposal o(or exp~- sure ofprams :u hanrJ~.ius mmenaB m arc form ar the ProjecT .rte. utciuJutc hu: tar Wnnrd to astxs«x, uhetirus products. P ~Icdtk ~rtna!ra .h i ttrncl IPCNi ur u[hrr toxrc whstanco 9.9 The• Arct;rc.r shall hate the right «; include rrpresentr Hans of the Jr~;}o tit the Prulea. including phutugnphs of the crcnar and interior. anvmg nc~ Anhiccr's promotional and pmlcs.~urol rutrnal~ The ArrhnrrYs marrna6 shall nut mJudc the Uw nc: \ amfidcnrul ar pnrpnaan~ mGxmauun ~f [hc Ow rice hay prc+urudc advised the Architect :n wrung of AIA 00f.1/1EM l1N • Cu OFF \p~ IIITE(T \r,p EF MF ]T • FOCRTEE~TH EDITION •AIA• • IW+' 7 8141-1867 IIII\ArXil_\`.I\?71TITf+~f 1N~HI(rIT\1-\~~Eur+)NK1\"ENI"F.NH'_w"ASHINGTON.OC alxYYl ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The (,UINt NItiOlI Qi+t dull tx the rota o:v ur cvi- nuted.o,t to the r)wner of all element. ~ d the Pn,teu de,ignc-d ur spcatird by dtc Archrtn[. 5.1.2 7 he Cunsrrucnun Co+[ .hall mcludr d¢• err+[ at current marker ntr~ o(labor and matcnals furn:+hed M' the Owner and Cywpr^snl dr+ignrd, specified. xlrc trd or sjxciah' pruc:ded fnr be chr Archuea, plus a rri+unaMc :rlluw':uicr 17x chr Cun- rnttur s uerrhnd acrd profit In addition. a recto tnable allow- ancr fnr cumingen<irs shall be included fi:r market antduluns at [hr time tit bidding and fur ch:+nge~ m the work during canoi roc Wait 5.1.3 Cumrrucuun Cost di x+ Wert mdude the ann(xnnauun of the Architect and Archirrcfs a>nsulunts, the costs u( the land. tights-of-war, finanang or other costs which are the resp(m- sihihtt' o(the Owner ti provided m Article ~. 5.2 RESPONSIBILITY FOR CONSTgUCTION COST 5.2.1 Ecaluauons of the Owner's Project budget, prrluninarp rctunalcs of Construction Cos[ and dctaikd rstima[es of Con- 5rmctian Cos[, if any, prepared bt~ the Archuea. rcprrxn[ [hr Archura ~s best ludgmrm u a design pm(ewunal familiar w~i[h [hr constmalun induun- ^ is recugnizrd, however, that nri- rhrr [F.e Anhneet nor [hr Owner has control over the mst of lab<x. ma[enals err cquipmen[, Deer [he Cunvaaor's mr[hod-i of drtermming bid prices, or aver competitive bidding, market or nrgeeiating amdhiuns. Accordingly, the Architect cannot and dues no[ warram or reprexn[ [ha[ bid. or nrguuurd prices will not rare from [he Owner'> Project budget or from ant o[una[e u(Cortaruaiun Corr or ecaluanun prepared or agreed to be the Archnra. 5.2.2 \„ fixed limn of Cunstmaem Cust +hall be rxabluhrd P a amduutn of [hu Agrccmrnt be the form+hmg. protw+al or esnbinhmrnt u(a Prolec[ budget- unlr~s such filed Imtn has hero agreed utx;n m wn«ng and signed he the games here«~ If such a (tied yrr:a hu txen anblished, the Anhuca shall be permuted to mdude con[ingenaes fur design, bidding and pncr neaianun, nr detcrmmc what matrnals. eyuipmcnr, eom- ponem .cctems and apes o(coasvuaum are [o be included in [hc Cuntna [hnumrn[s. [o make rriwnablr adtuumen[s in the seo fc of the Prujrct and to include in nc~ Cuntna [kxu- mcnn alts:natc bids to adjust nc~ Cons[mcuon Co,t w the fixed hmu Fsrd iunio. d arty. shall (x' incrcaK'd m the amour[ of art inerci r m chr Cnnvact tium rxeurnng after exctiuriun of [hr C.rntmG IiH (.a(b[rUQ1UIt 5.2.3 If the B:ddmg ur \egouaoon Phase has our commenced w'ithm 90 days aher [he Archnect submits the Construction lkxtm'.cr,[> «> the Owner. any Prujcct budget or fined limn of Com;n:a:ur. Cos[ shall be adjusted [u reflect changer m nc~ gencul iccel of pnces m the a>nstmcuun mdus[n~ berw~ren the dale of wbmusum of Ihr Construalon Pxumcnu [u nc~ Ownc: acrd the dale on which pwjxisal> are wiugh[ 5.2.4 is d filed imm of Cumwc'hon pxt (adjusted a~ pn>~ ytdc'd ir. ?uhpar agraph i? i) i5 rxccdcd b. the lowest bma Ildc bid or ncg~nuicd pn:p~sal, nc~ Uwnc shall .1 rive wnucn ajtpnrcal of an mtrcasr tit wch tiled h;n:r. .2 aW bona' rrbiddutg or rcncg~dwutg u( the Pnrtrrt ~.y;ihis a rca+~~nahlc time: .3 d the Project u abandoned, terminam in accordance with Paragraph N 3, or A crwjxntr :n revising [hr Pn:tra xupr and yuah[c as reywred a> reduce Qx Cun-,traction Cos[. 5.2.5 If nc~ Uss-tier chiwses «> pnxerd under Clause S?.i.4, the Arch::rct, without addhional charge, shall mexlih~ [he Con- tra lkicumenrs as naosan- to armply with the fixed limit, if establi+hed as a condition of [his dgrremrn[- The mlxiiflcuion of Cuntna Lkxumenrs shall be [hr lima[ of the Architects rc+punsihiiin arsing out of the establishmrm o(a fixed lirni[. T hr .Archnec[ shvl br rn«tled ro compensation in accordance with thu Agreement 6x all xn~icrs prrt?xmed whe;hrr or nu[ the Cnnstrucuun Phase u armmenced ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, specificuions and other ducumrn[s pre- pared by [he Archnecr for this Project are inswmen[s of the Architects xn•ice for use wlely w'irh respect [o this Project and, unless otherw'ix provided, nc~ Architect shall be deemed the author of [hex documents and shall retain all common law, sntuton~ and other rexn'ed rights. mduding the copvngh[. The Owner shall be permi[ted to resin tapirs, including rrpttr- duoble copies, of the .4rchnea's Dnwmgs. Sprcificauuns and ocher dexumrn[s for mformatiun and reference in connection wuh the Owners ux and occupancy of the Project. The Archi~ reefs Drawings, Specifiations ur other dtxuments shall not be used by the Owner or others on other projects, for additions to rhos Protect or for completion of thcs Project by others. unless the Architect is adludged to be m default under this Agreement. rscep[ by agreement m wrung and w5th appropriate compen- sation rothe Archnea. 6.2 tiuhmission ur durnbution of documents er mrc[ official rrgulan>n~ rcyuirements or for similar purprses in connection wuh [he Pntjec[ is not to be construed as publication in deroga- tion of the Architects rcxnTd rights ARTICLE 7 ARBITRATION 7.1 Clarms, duputrs or other matters in yuestiun between [hc parties to this Agreement arsing our o(or rda[ing to thcs Agree ment or bench thereof shall be subject to and Beaded by arbi- trauun in accordance with the Constmcuon Indus[n~ Arbun- uon Rules oC the ,vnerican Arbitration Association currrnde in effect unks; the parties muttulh' agree orherw'isr 7.2 Ucmand for arbnntion shall be filed m wn[mg w'i[h the other pan}' to this Agrccmrnt and with the .4nencan Arbium ciao association. A demand for arbnntion shall be nude wnhm a rris~.,nahle tune alter the dom. dispute or ocher minter in yua;nm h:u ansrn In nu es'ent shall nc~ demand (or arbn nuns be made after the date when irtsmm~un of Iega7 ur eywtablr pnxredmgs based nn such dmr*t. di~pure ur other matter in yuc~txm w:xtW be barred by [he appLcabk winter of WmutR~ns 7.3 yu ubnnuun oiling our of ur relating to [hs Agreement shall mdude, by cunwrlidatnm, tuinder ~.rr m am~ other manner, art addrtiunal prrxm o[ entity nor a party to this Agrccmrnt. AU DOCUMENT BIN U'i'.:ERARCHITECT AOREE.NEVT • FOGRTEE.NTTr EDITIOF • .W~ • ~19M' IHf A:^0.i~1?P>iiTi TE t~rARt:HITECTS.I-VS SEw MURK AyE.ti('E.V6', 3'ASHa(}TOti,pr 2u•r• 8141-1987 ~7 3.4.1 Providing special sun'res, encuonmrn[al studies and submissions rryutrcd fur approvals u(goyernmen[al authorities or others having jurisdiakm acre the Pmlea 3.4.5 Pruvidmg xrvlcrs relative to future fanlina, systems and equipment. 3.4.6 Pruvidmg xmra to nnruigatr rxunng condrtmns or fxilities or «) nuke measured drawings thrrcuf. 3.4.7 Providing xnlces w verify [he aeeuney of dnw'ings or other information furnLshed be thr Oscnrr 3.4.8 Providing cu(xdmaoon of amstnrctiun performed by upuue contnaon or by the Owner's own farces and c(wrdi- nmlon of xnlces required in cannectiun wvh conswetion performed and equipment supplied by the Uw'ner. 3.4.9 Providing xrvices m amnraton rvnh the work u(a con- stmaion manager ur xpante consutnnts retained be the Owner. 3.4.10 Providing detailed rsumatrs of Construction Cost 3.4.11 Providing denikd ytnntin surveys or invcnrories of muernl, equipmrnt and labx 3.4.72 Providing analcsa of owning and operating costs. 3.4.13 Providing interior design and other similar xn'ices required for or in connexion wnh the xlrcuon, procurement or mstalluion of furniture. funushmgs and related equipment. 3.4.14 Provtding xrvices for planning tenam or rental spaces. 3.4.15 Making invesug:trkxts. mvrnu)nrs of matenaa or equifr mrnt or va!uatioru and detatlyd appnusal. of cxuting fxilities. 3.4.16 Preparing a xt of rrprtlduable record dnw~ings show- ing significant changes in the work made dunng constmction baud on marked~up pants, dnw'ings and other data famished be the Contncua [o [hc Ardutra 3.4.17 Prodding assistance in the utiGzT[iou of equipment or systems such u testing, adjusting anG balanxng, preparation of operation ana maintenance manual:, trmmg personnel for operation and maintenance, and consulnnon during operation. 3.4.18 Providing xrvices alter issuance to the Owner of the final Certificarc for Payment or in the abxnce of a final Cer tificam for Payment more than 6rl day's after [he date of Sub- stantial Completion of [he s%brk 3.4.19 Prodding xrvices u( consulnms for other than uchi- ieaural, structural. mechanical and elcarial engineering por- tions of the Project proc:dcd as a part of 13uic Services. 3.4.20 Providing any other xnlces not otherw'tx included in tha Agrcemcnt or not cusolmanly (urnuhcd in accordantt wnh generally umptcd tic hncaural pnctir. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full vhxmanon regarding rcquirrments for the Project, including a program which shall xt (ooh the Owners objecu.'es. x'hedulr. crnstraints and cri- tena. including space rrywrements and requunships, fkxi- biLry', expandabihtc, specal ryuipmrm. sutcros and site regwrcmcno. 4.2 The Owner shall anblish and updam an overall budget for the Project, including the Corutruaion Cos[, the Owner's other costs and reasonable contingencies rdamd to all Of thex costs. 4.3 It requested by the Architect, the Owner shall famish evi- dence that financial arrangemrnts have been made to fulfill the Owner's obligations under this .agreement. 4.4 The Owner shall designate a rcprexntuive wthonzed to act on the Owner's behalf with respect to the Project. The Owner or such mthoriud rrprexnnnve shall render decisions in a tvnely manner pertaining to documents submitted by the Architect in order ro avoid unreasonable delay in the orderly and xqumtial progress of the Archima's xn'icrs. 4.5 The Owner shall (umuh surveys describing physical chanaeristics, legal limintions and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shad include, u applicable, grades and lines of strccts, alleys, pavements and adjoirUng property and stmaurcs: adjuem drainage; rights~of-way, restrktions, eaxments, encroxhmrnts, zoning, deed restric- tions, boundaries and conmurs of the sirs; locations, dimen- sions and necessary data pertaining m existing buildings, other itnprovements and trees; and informaion concerning n•ailable utility xrvices and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmuk. 4.6 The Owner shall hurrah the mica o(georcchnical rngi- neers when such xrvices arc requested by the Architect. Such xrvices may include but are no[ Invited to tat borings. [a[ pits, determinations of soil bnnng values, percoluion tau, evaluations of hanrdous materials, ground corrosion and resa- tivity tests, including nemssan• opentioru for an[icipuing sub soil conditioru, with reports and appropriate pro(asional rccommenda[ions. 4.8.1 The Owner shall furnish the xn'ices of other c~nsul- [ants whrn such xrvices arc rawmbly required by the xope of the Project and arc rcquarcd be the Architect. 4.7 Thc Owner shall famish stmaunl, mechaninl, chemial, air and warcr pollution tests, tats for harardotu materials, and other labonton• and environmennl tests, inspections and reports required by law or [he Contract D(xtunrnts. 4.8 The Owner shall furnish all Icgah accounting and insurance counxGng xrvices u may be necasarv a any time for the Project, including auditing xn-ica the Owner may require to verih• the Contnetor's Applications for Payment or ro ascertain how or for who purposes the Contractor hu rued the monty paid by or on behalf of the Owner. 4.9 Thc xrvices, information, surveys and reports required by Pangnphs 3.5 through 4.A shall be (urnuhed a the Owrxi s experuc, and the Architect shall be entitled to rely upon the ucuncy and completeness thereof 4.10 Prompt a~riren notice shall be gn'en by the Owner to [he Architect it the Owner becomes aware u( ant fauh or defer[ m the Proeet or nonconformance wnh the Contra Documents. 4.11 Thc propuxd language of certificates or crnifica[iorts rcquarcd of the Archirca or Archuca-s coruulnnts sha0 be submitted to the Architen for res:cw and approval at kart t9 days prior to execution. T"he Owner shall nut request ttnifip- tkrns that would require knowiNgc or xrvices beyond the xopc of this Agrcemcnt AIA DOd11EM SUl • OaT:ERARCM1TEr:T A(4P EE/aENT • FOl RTES?TFf EUITIUh • AIAr • € IpR' rJ 8141-1997 ii1!lNFRIU~INSTITITE OF ARCIIITF.CT]. I')s NEw'1"ORx AyECiE •'a wA~i11V(il'OF DC N1dIG i 2.6.15 Thr Archimct shall interpret and dreWe masers con cernmg prr(armance of [he Owner and Con[nc[or under the rcyuircments of [he Contnct Dxumenr5 on written request of either rhr Owner or Cun«aaor. Thr Archnrct~s resptnsr «t such rryursts shall be made with rrisunablr pnmtpmess and wrthm anc time lintin agreed upon. 2.6.16 In[crprrtatiuns and deaswro u( [hr Architect shal br coasu[rm with the intent of and reasonanly tnferablr from the Comnc[ lkxumrn[s and shall be in writing or N the form of Jnwtngs \\hen makmg such in[rrprentions and Initial dreh vans, the Architect shall endeavor to secure faithhti prrfor manse by Huth Owner and Cuntnc[or, shall not shun' panlahq' to rithcr, and shall nu[ be liable for results of in[erprenuons or dccLaoru so rendered in good faah. 2.6.17 The .4rchitea's decaions on marten rclabng to aes[he~ uc effect shall be final if consistent wnh the intent expressed m the Contnct Drxumrn[s. 2.6.16 The An.hitec[ shall render written decisions within a rnwnahle time on all claims. dispums rn other matters m yues- uon be[wzrn the Oa'ner and Contnctur reluing ro [hr rxrcu~ non ur progress of [he \ti'ork a provided in [Itr Contnct Dxumrnts 2.6.19 The Architect's decisions on clalms, disputes or other manors, including those in question txtwcen the Owner and Con«actur, except (or tht~se rrlanng n> aesthetic effect as pro- v:drJ in Subparagraph 2b.1-, shall nr suhlrct rat arbitntiun as pnn-Ided in [hls Agreement and m the Gmvaa Ducumrnts. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 l"he srnlcee drx:nhrd m This Anlde 3 arc not included m Fiavc \rn~lces unless su tdrnnfirJ m Article 1?. and they shall br pald fur by the Owner as pruclded in Iha Agreement, in addnuro w [hc rumprn.atinn hIr liaclc Sen'ICes. Thr sen~ica dncnbed under Paragraphs 3 'and 3 ~ sh:Jl ooh' be provlded d au[hurr..rd Sr cunfirmrd in wrinnq by the Owner. I(sen'ICrs drscnned under Connngen[ Addulunal Srnices in Pangnph 3.i are rryuued due to circumsnnces becund the Architect's cun[ntl. the Archnea shad nuuh~ the Owner prior [u cum- nx•nanq such sen-ic es I( [hr Owner deems [hat such srn'iees do .abed under Pangnph i i arc Hue r.yuired, the Owner shall g~ce pn ~mpt written Honer w [he .Ardutra I(rhe Owner mdieues m wnnng that all ur part of such Cummgen[ .4ddi- u+~n:J Sen~l¢s are no[ rrquurJ, rhr Archnca shall have nu obh- gaui m n, prund~- Ihucr ,crc!a•c 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If inure cslrnsivc repn'ccntaonn at [hc vtc than n dc4 nbcd ut tiuhpangraph ' 6 5 u rcyutrcd. the Architect shall prnc!de one ur more Pn yea Kepre:cenutn es ht a~ ut m carn'- Inp out wah addrtnmal nn-+rtc resp melbdn!cs 3.2.2 i'; alert KrprcxnuUlrc shall hc' xlcaa'J. rmplus cd and darend he Uu' Arehla'ct, anJ the' Ant~!IC+t shall tx' almprn- saled therefor ac a¢«~r1 be [he Owner and Archnea. Thr doors. reslwn>dnhnrs and hnuun:+m of aulhnn!v of Protect Hcprcccnumrc .hall br ac doscnhcd m the cdrtmn of AIA Ik><unx'm Bc~_' current .n ul :he Jatr ul Ihl~ Agrcrmem. unless ~~:hcnc nr a~rccJ 3.2.3 Through the observations by such Prolrc[ Hrprrsrn- utivcs, rhr Architect shall endeavor to provide funhrr procec tlon fur [he Owner against defects and drficirnaes m the \C'ork, but the furnishing of such project reprrxntauun shall no[ mrxlih-the nghr_c, responsibilities or obligations of rhr Archtrna a; described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 \lakinq revisions in Drawings. Sprcificanons or other drxuments a'hrn Such rrvisons arc .1 inamsistem with approvals or instructions previously given be the Owner. including revuwns made neces- san' be adjas[mrnts in the Owner's program nr Pn>j~ rc[ nudge[; .2 requred by the emctmen[ ur reviswn of codes. laws or rcgula;ions subscyurm ro the preparanon of such dxumrn[s; or .3 due [o changes required as a result of the Owner's fail- ure [o render decisions in a umelc manner. 3.3.2 Providing scn~ices required because of vgnlficant changes in the Project including, hu[ nut limited to, s¢r, quah iry', complexi[}-. the Owner's schedule, or the method o! bld~ ding or negouaung and amtnamg fee construction, except fur services required under Subpangnph j?. j. 3.3.3 Preparing Drawing.. Speahcauons and other d~KUmrn- nuun and supporting clan, rcalua[ing Con[nror~s prop tsaie. and pntctdmg other sen'ICes m cunnraum with Change Orders and Cons[rucnun Change Uuncuees. 3.3.4 Providing xn'ices in connection a-ith evaluating subs«- t[niuns propnrd by [he Contnctur and makmg suhseyuem revrsions [u Drawings. Sprcificauons and other dxumrn[ation rrsulung thrrr(rum 3.3.6 Proctding cornulnuun amcrrnmg rrpiacemrm of \taxk damaged by her ur other cause during anutrucnun, and fur- nuhmg srn'icrs reyutrcd m amnralon wl[h rhr rrplacrmrm of such \C'urk. 3.3.6 Pruv[dtng sen~icrs made nrcrssan~ be [he defauK oRhe Cun«acnx, by maµx defects or drf(aencies m [he \l~urk o([hr Con[ncror. or by failure of performance of rithcr the Owrrr or Con[naur under the Contract for QIm«uaiun 3.3.7 Prunding sen'ICes in evalmnng an ex[ensn-e number of clams smralued by Ihr Cun[naur or other m cunnecuon wnh rhr \tbrk 3.3.8 PrucWmg srn~lces m connccnun a'rth a public hearing. arbnnuun prix rrdlnq ur Irgal pnxecJing except where the Archlrea Is pare thereto 3.3.9 Preparing J.~~cumcnts for ahrrnate. xpante ur scyurntial olds nr pnrvldutg crn~lccc In conrcanm w rth bidding. nrgo[tr nun or construe nun pour [u Ihr atmplenun of [hc Cunarue uun IAx umen[> Phan 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Pnrndnt4 anahses of the (ia rite. nerd. utd pntgrant~ mutq rhr rcywrrntcnts ul rhr Pnllra 3.4.2 PruvlJinq Onuncla! fcavhlL:+ ur other cpcrul studies 3.4.3 Pn,v!shnp pLmmng sari-ca ate csalu.nluns ur e~~m- par.nnc .nutlcs ; ~! i,n ~sfccucc snrc AIA DOCUMENT 81/1 n¢'\FF ~X~l11T FlT AoRFEMENT • FOCRTEENTH EDITION • AIA• • pm' 7Hr•VFPI+.N. I~~lIlI 1RUF IR~HITECTti.I'+c sFw FORE AVF.\'CE N¢'_¢:ASHI\LTO\U~ •• 8141-9987 4 2.8A The Architect shall be a rrprcxnnuve of and shall advix and Consult with the Owner (l) during constmaion until final payment to the Comrac[or rs due, and (zi as an Addux>nal See vitt a[ the Owner's direction from rime to rime during rhr cu:- rection period dcscnhcd m the Contract (or Gmstmctwn. Thr Architect shall have authority to act on behalf of the Ownu only to the extent provided in [his Agrrrmem unless utherW'ue modified be written in<Immrm 2.6.5 The Architect shall volt the site at mten~aLs :tppmprrate ro the stage of consmauat or us otherwLSe agreed M" the Oa'ntt and Architect in writing «~ become grnerallc famdur with the progress and quali[v of the Work compleed artd to daertninc m general R [he Vfurk Ls being per(ormrd m a man nee indicating that [hr Work when completed will he in accor dance with the Con[na Uxumrn[s. However, the Archnec[ Shall no[ he requi¢d to make exhaustive or continuotu on-site inspections [o check [hr yualin or yuanun' of the work. On [he buffs of on-site obxn•auons u an architect, the Architect shall keep the Oa'ner infomxd of the progress and quality' of [he VG'ork, and shall endeavor w gwrd ihr On-nee agmnst defects and deficiencies m [he 4ti'ork. L5/ore errensrcr site representation pray be agreed ro as are Additional Seance, ar described in Paragraph ; ?.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means. meth(Ms, techniques. xquences or procedures, or for safety precautions and programs m connraion with rhr Work, since [hex are solely [he Contnctor3 res(xxtvbiG[Y under the Cuntna for Corutnrction. Thr Archiect shall nor br responsible for [hr Contractor's schedules or failure [o car; s' om rhr ~Y'ork in accor dance with rhr Comnct Lkxuments. Thr Archi[ec[ shall not tour control over ur [hargr o(ac[s or omission<uf [he Contrao tor, Subcontractors, or thnr agents or employees, or of an.' ocher persons performing portions of the Work 2.6.7 The Archi[ec[ shall a[ :[II rimes have x<ces [u the Work a~hercver it is in p«oannun ur pa>gixs 2.6.8 Rxcept as may u[hc•rn'uc br pnn'idrd m rhr Contract IAxumrnLS ur when direct cummunicauun, hacr been spc cialk aothonary, the Owner and Cuntnctor shall communicate through [he ArdThec-t. Commumcauons by and pith the Archr tea ~s consultants shall he through the Architect. 2.6.9 Based on the Architea~s obxnanuns and ecalwnons u( the Contractor s Applintions for Pacment, the Archuccr shall review and a•nifv rhr amuunn due the Cumractnr 2.6.10 The Ardutcct's certiticanon fur pacmrnt shall amsn~ tote a reprtxnbnon iu rhr UW~ner, baxcf tin the Archiiea-s obxnatiuns a the <i[c a~ ptttcided in Suhpengnph ' b + and on rhr dart comprising du Crnrnaor-. Apphcanon fur Pac~ men[. [hat the Wurk his pn>gre~xd «r rhr piim indccaird and rha[. to the best of [hr Archncct~s knowledge- infitrm:+nun and belie(. qualin~ of the Wurk u m accordance wnh rhr Comnct Uueumenu. Tnr turcgomg rrprrxnnuun, are sub~at to an eaaluaiion of the 4Tbrp for mn(urmance wnh the Ginmct D[xumcnls upon Subsnnnal G-tmplcnun. to resuln of wbx~ yurnt [tests cord ualxcUUns. 0.t minor drvia«um L•~m: the Gm- tnct lhxumcnts artrecub:e pour to cumplcuon and to spc <ific yualiGcatium c'sp«,xd bs' the An hitter ihr s,uuner of a Ccrtifiotc 6.ir Pacmc•nt shall funhrr con•nnitc a «prescnnuun thin nc~• Cuntnctor is cnod<•d to parmrn[ m [hc .urn. ~unl rcrt:- hed However. [he uwance tit a Ccrubcutc b. it Pac men: ,hall nrn he a rcprrxntauun that [hr Architect has 11 i made cshauc tar ur cum:nunu, unsrtc mspc~hun> to ~hcck the ywhn- ur yuarwty of rhr Wurk, (2) recicwrd cunstrucion means, meth- ods, ttchniyucs, xyucnces or pr:xedures, (3) reviewed copies of myuLsitiuns rccrnxd from Subcuntnaors and marrnal sup- phcrs and other dau rryues«d by the Owner to substantiate [he Convauur's right to pavmrn[ or (v) axerrtined how or fur what purpose the Contractor has used money perviously paid on account tit nc~ Contract Sum 2.8.71 Thr Architect shall have au[hunn' to reject VCUrk which d(xs no[ conform w the Contact Uxuments. 5%'henever the Archnect considers D necessan~ or advisable for vnplemen[a~ nun of the cotta[ of the Con[nct Dcxumen[s, nc~ Archuee[ w01 have mthorin• w reywre addiuorul inspection or testing of the Ubrk m accordance with [he provisions of [he Comnct Uucu- menLS, whether or nut such 44brk is hbrica[ed, installed or completed. However, neuher [his authority of [he Architect nor a dec'uiun made m g(wd fauh cahrr to exerttx or not to esrr- cise such authonn~ shall gn~e rix ro a duty or responsibdi[y of the Archirect to the Cuntnctor. Subcontractors, material and equipment suppLcrs, their agents or employes or other per- soru performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Convaaur's submmaLs such a Shop Drawings. Product Data and Samples. but unh' (or [he loaned purpose of checking for conformance wnh in(ormmion given and the design concept expresxd m the Cuntna RxumenLS. The Architect's anion shall be taken ai[h such rrawnablr prompuxss a to cause no delay in [he IX'ork ur m the cum stmaiun o([hc Owner or of xparate amtraaors. while allow- mg suffiarm time in the Architect-s pro(es5iunal lodgment to perm¢ adryua[e revira~. Renew of such submhuLs is nut am~ ducted fur the purpux of drtemtming [hr accuriq- and com~ plneness of other deniLs such u dimensions and yuannties or 4n substantiating instructions fur ins[allahun or per(orm:mm of eympmen[ or systems designed by the Cun[rac[ur, all of which remain the responsibhitc of the Cuntrac[ur to the extent reywrcd by [hr Contract Dtxumen[s. Thr Archi[raS rrs-iew shall not constitute appnn'al of safetc precautions ur. unless othenvisc spraficalk stated M the Architect, u( am>[rucuun mrar+. me[h(xls. techniyurs. xqurncrs ur pn.xrdu«< The Architect's approval of a specific hem shall not indicate approval of an asxmbly of which the hem is a competent. 4C'hrn pmfessiunal certification of performance charac«risucs of materials, svsrems or equipment is rcquircd by the Comnct Drxumrn[s, rhr Archvcct shall be cntitkd [o rdv upm such cemfication to rnablish rha[ [he ma[eriaLs. syvem< or equip- mrm well meet rhr performance criteria reyuurd by rhr Com tact Uxurncn[s 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, wnh supp~rtmg d(xumennuun and eLta i( deemed necessan~ bs" the .Archnea u prordrd m Suhpangnphs 3.1.1 and 3.3.3. for nc~ Owner's approval and esrcunon in accordance with the Contract Documems. and cons aathonze minor changes m [he Wurk not mvolvmg an adlustmem in rhr Context Sum ur an extcnsnn cif the Gmtna Time which arc no[ inconsistent wnh the mtrnt of rhr Coning fkxumrn[s 2.6.14 The .Architect ,hal! c:nduct ut<pectu ms «, der. mine ;hc dnc ur dares of Subxantu! Cumplctiur. and the detc of t7nal nimpiau m. shall rccave and (orwaN [u Ihr Uw rice tar ihr Ow nrr< rrvtea~ and record, w~n«c•n Warranties and rri.nrd ducumrnn «yuircd by rhr Cuninrr Ihx umcnts and a,xm- blcd be [hc' Cum naur.ctnd shall iow<a final f.rrtifh a;c t: v Pac :ncnl upm armphana' wnh the rcywrcmcntn ul ilic• t.,ntra INxurttntts AU1 DOCUMENT B1a7 • Ja ]rp APC HITE(T AGPEEMEtiT • H)I'p TEEVTH EDITIOA • AIA• • :. i4N' 3 81d1-1987 lilt t,2 ftiC C.;~,T:TI T2 i41NCMITECT<. I'45 \Ew'YONp A~'F.51 Esw" w'ASMISnTq? p~ Frvn TERMS ANU CONUITIONS OF AGREE\lENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 Thr Archima~s srn-ices coroist of Ihox scn"urs ,xr- kxn;ed he [hr Architect, Arc hnraS emplucres and .Architects consultutts as erumrntrd in Arudcs ?and 3 of [his Agrcemen[ and env other xn~icrz included m Arnde 1?. 1.1.2 Thr Architect's xn~ices shall be performed as expedr uouslc a Ls a>nsis[rm svuh prufesstonal skill and Carr and chc orderlc progress u([hr Ubrk. Cpun rryues[ of [he Owner, the Archrtec[ shall submit Ln the Owner's apprucal a schrdulc (or the prr(urmancr tit the Archirea's xn~ices which mac be adjusted as the Prulect proceeds, and shall mcludr allowances for periods of ^mr rrywrrd fur the Owner's review and kx approYal o(submisstons b}' au[hnntirs hating jurLstlktion over the Project. Time limits rsnblished be this xhedule approved by the Owner shall nut, except fur rraa)nahle oust, be exceeded be [he Archnea or Owner 1.1.3 The sen'ices covered h}' rhis Agrcrmem are subject to the [one limitations cunuinrd m Suhpuagnph 115 1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The drehrtect's Basic Services consis[ of [hox described m Paragraphs 2 2 [hruugh ' 6 and am' other xnices identified in Arudc 12 as part of B"aNC tirn~icrs. and mcludr normal s[ruo rural. mechanical and rla meal cngmcenng sen"icrs. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall revrew the program famished by [he Owner to a5certam [he rcgwrcmrn[s of [he Project and shall once u a mutual understmdmg of such reywremrnts w~i[h the Owner. 2.2.2 The Archnea shall provWe a prdhnman" evaluation of the Ownrr~s program. schrdulc and corotruction budget reymrrmcnts, each m terms of the timer, sublet[ to [he Iuniu- uuns xt forth in Subparagraph 5 2 1. 2.2.3 The Archuca shall review with the Owner al[crttarivc approaches w design and cumtrucuon of chc Project. 2.2.4 Based on the mutually agre[d-upon program, schedule and a)namcour, budget rcgwrcmcnts, the Archrtcct shall prepare. fur approval by the Owner, Schemuic IXsign Doom merits consisting u( drawings and other documents illustntmg the scale and relationship of Project eomponrnts. 2.2.5 The Arrhnec[ shad suhmi[ to the Owner a prclunman~ nnmatr of Qaurrucuun Cost bred tin current uc~. volume ur other unit cosh 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic IXsign Uxumenrs and ant adiusuncnts aurhorzed he the Ow~ncr m the program. schrdulc ur a)mwaiun budge[, the Archuect shall prepare, Grt appmcal he chc Owner, Design [Xvrlupment Drxuments a)mrsung o(draw-mgs and other dixumrnts [o fix and describe nc~ size and chanc[er of the Protect as to archimc[ural, struc- tural, mrchamcal and elrcmcal ssstems, materials and such umcr elements as mac br appropriate. 2.3.2 The Architec[ shall advise the Owner of anv adjustments to nc~ prelimman~ rsima[n of Conswaiun Cua. 2.4 CONSTRUCTION DOCUMENTS PHASE 2A.1 Based tin the apprurcd Design Devdupmen[ Docu- ments and an. further adjustments m the scope or quality of the Project or in the curuwaion budgrt authorized by the Owner, [hr Archttec[ shall prepare, for approval by [he Owner, Constmction Documcnrs consisting of Dnwings and Spccifica- tians xtting (Drib m derail the requirements for nc~ coris[mc- uun of [hr Project 2.4.2 The Archnea shall asst the Owner N nc~ prepantion of [he necessary bidding information, bidding forms, the Condi- tions of [he Corona, and the form of Agreemen[ berween the Owner and Conhac[or. 2.4.3 The Architect shall advise the Owner of any adjustments to previous prelimman~ estimates of Construction Cost indi- cuN bychanges mrequirements or general market conditioru. 2.1.4 The Architect shall assist nc~ Owner in ~connmion with the Owner's resporisibilin~ for filing doctrrnrnts required for the approval of guvemmenta! au[horities having jurisdiction over [he Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect. folluwmg the Owxr s approval of [he Construction Documents and of the larest preliminary" estvnate of Construction Cosr, shall assisr the Owner m obraming bids or ncgoriated proposals and asset m awuding and preparing con[ncts for cons[ruchon. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 7hc Architect's respmvbihry [o provide Bak Scroices for nc~ Corutruaiun Phax under rho Agreement commrnc~s wish chc award of [he Comnc[ for Conswcuon and [ermwtes at the carper of the issuance ro the Owner o([he foul Cemfica[e for Pavmcm or CN) days after the dale of Substantul Completion of the AL'ork, unless extended under the terms of Subparagraph t033 2.6.2 The Architca shall provide admmutnrion of the Con- tnct (or Corurruaiun u set forth below and m the edition of AIA Docvmcm A?hl, Grncnl Condinons of chc Concoct for Construction. tureen[ a of chc date of mES Agreement, unless uthrrw¢t procidrd m [hit .Ag¢rmcn[ 2.6.3 Dishes. respmsihdttics and Iuniuuuns o(aumonn" of me Archnea shall nut be restricted. mrxlificd or cstcnded without written agreemem of the Owner and Architca wim coluent of the Contactor. whxh conxm shall nut be unrelsraubly wvhhcW AIA DOLUYENT 81J1 • UuyFF AFCItiTH:T Ai,REEMF,pT • FUI RTES\TH EGItIV] •AIA• ~'-)IVe' ~O TIII. ~VrRP:A? I~" ITI'TF Of ARi nITEI:T). 1'!5 SE4 YURR AcF.]'t'E. \ w w:N11nGT0•, pC 9n~~, B141~1987 2 T H E A M E R I C A N I N S T I T U T E VIII; O F A R C H I T E C T S A/A Document 8141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THlS DOCUMENT HAS /MPORTANT LEGAL CONSEQUENCES; CONSULTAT/ON l`'ITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICAT/ON. AGREEMENT made as of the day of Novembe r Nineteen Hundred and xinecy-Six BETYVEEN the Owner City of Atlantic Beach (.\qme and address) Attn: City Manager Atlantic Beach City Ha11 800 Seminole Road Atlantic Beach, Florida 32233 and the Architect l,~ame and add,ess) William Morgan, FAIA William Morgan Architects, P.A. 220 Easc Forsyth Street Jacksonville, Florida 32202 For the following Project: (Include derailed descnpnon o/ P.ojecr, lorarron, address and scope; in [he year of To Provide professional services for a lifeguard station to replace the existing structure a[ the east end of [he Aher^ Street right of way. The new station will conform generally to [he Architect's design sketches dated 12 September 1996. The Architect agrees to work with Kevin Parcel of St. Augustice to secure D.E.P. permitting. The Owner and Architect agree as se[ forth below. Copynght 191', 1926, 1948, 1951, 1953. 1958, 1961, 1963. 1966, 1967, 1970, 197, 1977, 0198' by The Amcrion Instimm of Archnccts, 1735 ticw York Avrnuc. N. Q'_ Wuhicgcon, D C. 20006. Rcproduclion o! 1tRf rtuterial hcrcin of suDSnntial quoutlon o! Its provrvons v.~rthout v~n¢rn permission o(m< AIA vfo0ta me copynghr lays of Ne l:nitttl Su1a and will be su01<c: to Icgal prosccunon. AlA DOG1)aEFR atel • O@NER~nRCH(TECT AG RFE4EM • FOURTEENTH EDTON • AIA~ • 0198' THE MIFRICA.N LVSTITUTE Of ARCHITECTS.I?39>%EC YORK AYEfll1E,NZ', i'ASHINOTON,DC 10006 8~4~-~~7 7-A 11/11/96 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Design of Lifeguard Building SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: November 5, 1996 BACKGROUND: Since the last City Commission Meeting, the City Manager, Director of Public Safety, and Fire Chief met with Mr. William Morgan to discuss a contract for Mr. Morgan's services in the design and construction of the new lifeguard building. The people present were able to reach agreement on the various issues including the approximate costs of the construction, permitting, and architectural fees. The proposed cortract is attached to this report for review. The design of the building was developed essentially by Lifeguard Captain Chip Drysdale and Mr. Morgan, with input from other professionals who were familiar with the limitations that may be expected from State regulatory agencies. Attachments aze included showing the design of the building as presented to this date. After careful review, it is the staff opinion that the design would be functional, affordable, and aesthetically beneficial to the operations of the lifeguard service and the community. We also expect to be able to move the structure forward from its current position, which will greatly increase the visibility of the oceanfront. RECOMMENDATION: We rewmmend the approval of the contract with Mr. Morgan for his services in the design and construction of the lifeguard building. ATTACHMENTS: Proposed Contract Proposed Buildin esi REVIEWED BY CITY MANAGER: A A ITEM: .~ wluclr fhe payments were based, during normal business hours at the location of BellSouth where such records are maintained. However, no BellSouth records may be duplicated or taken from 13e11South's premises and the city shall maintain the confidentiality of the information disclosed in these records and use the information solely for the purposes of verifying payments by BellSouth. Such BellSouth records shall be utaintained by BellSouth for the period prescribed by the Federal Communications Cornntission and/or the Florida Public Service Cotnnussion. SECTION 5. BellSouth shall indemnify the city against and assume all liabilities for damages which may arise oz accrue to the city for any iajttry to persons or property from the doing of any work herein authorized or the neglect of BellSouth or any of its employees to comply with any ordinance regulating the use of the streets of dte city. The acceptance by BellSouth of this ordinance shall be an agreement by it to pay to the city any sum of money for which the city may become liable from or by reason of such injury. SECTION 6. BellSouth shall fde with the city clerk its written acceptance of this ordinance on or before December 31, 1996. SECTION ?. Nothing in this ordinance shall be construed as a surrender by the city of its right or power to regulate the use of its streets. SECTION S. The city reserves any and all rights that it has not inconsistent with the rights granted herein. Any contractors or lessees who use the lines a~ equipment of BellSouth withiun the public streets of the city shall be separately authorized and franciuised by the city as necessary. SEQTI~N 9. The permission granted by this ordinance, if accepted by BellSouth, shall be in force and effect for a terns of fifteen {15) yeazs beginrartg October 1, 1996. PASSED by the City Cormtussion on fast reading this _ day of , 1996. PASSED by the City Commission on second and final reading this day of .1996. ATTEST: ~fAUREEN KING City Clerk LYMAN T. FLE'I'CHER Mayor, Presiding Officer Approved as to fonn and correcUless: ALAN C. ]ENSEN, ESQUIItE City Attorney .- (0 8 ll- II--`~ OKI)C:AIYCE 1Y0. 40-96-19 A_ti OKDL\:~:\CE OF THE CITY OF ATLAi\"ITC BEACH, FLORIDA, AL"THORIZING BELLSOUTH TELECO3L1ILfi'ICATIONS, INC., TO USE TTI£ PUBLIC S1-BEETS OF ATLAS\TIC BEACH FOR T'HE PURPOSES OF ERECTI\G, CONSTRUCTING, AtALNTALrZ~`G A:'V-D OPERATING LL\T:S OF 'I'ELEYHONE AND TELEGRAPH EQLRP- ~1EN'I' TI~.REON A_\'D THEREL:\'DER, A.~'D PRO\'IDL\G A1S EFFEC'T'IVE DATE. BE 1T ORDAII~`ED by dte City Comtttission of die City of Atlantic Beach, Florida: SECTION 1. Permission is hereby granted to BellSouth Telecommunications, Inc. (hereinafter referred to as "BellSouth"), its successors and assigns, to construct, tttaintain and operate lines of telephone attd telegraph equipment, including the necessary poles, conduits, cables, electrical conducWrs and fiber optics and digial technology fixrures upon, along, under and over the public roads, streets, highways and rights of way of the City of Atlantic Beach, Florida, as its business may from time to time require, provided that a4 poles shall be neat and symmetrical. SECTION 2. The work of erecting poles and constructing utrderground wnduits under This ordinance shall be done subject to the supervision of the city. BellSouth shall replace or properly relay and repair any sidewalk or street that may be displaced by reason of such work, and upon failure of BellSouth to do so after twenty (20) days' written notice given b}' dte city mattager to BellSouth, the city may repair such portion of the sidewall: or sweet that may have Fxren disturbed by $ellSoudr and collect the cost so incurred from BellSouth. SECTION 3. In consideration of the rights and privileges herein granted, BellSouth shall pay to the city annually a sum equal to one percent (1 ~) of dte gross receipts of & South on recurrurg local service revenues for services provided widtirt the corporate luttits of the city by BellSouth, provided that there shall be credited against such svm being paid w dte city the amount of all taxes, licenses, fees and odter impositions (except ad salurem taxes and anwunts for assessments for special benefits such as sidewalks, street pavutrs and similar impro~~ements, and occupational license taxes) lecitd or unposed by dre tit} upon BellSouth and paid during the preceding fiscal year as defined herein. Payment shall be made to the city for each of the years that this ordinance is in effect and shall be based on dte receipts of BellSoutr for the preceding fiscal year. For the purpose of dtis payment, such fiscal year shall end on September 30. The first such payment shall be based ou du receipts for dre fiscal year ending September 30, 1996, shall be tnadc on or before March 31, 1997, and shall be for the fiscal year October 1, 1995 through September 30, 1996. Subsequent payments u•iJJ be made on o* before March 31 of each -year for which the permission is herein granted. SEC"I7O:S 4. If the city wishes to verify the payments to dte city under this uniutanre, }3~IlS~~uth shall 1>Lrntit dte city or a designated representative of dte city, upon reasunabie advance ~rntten notice, to review BellSoudt's billutg and payment records, upon LA 11-11-9~r AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMF.YDIIVG CHAPTER 2, ADMINLSTRATION, TO PROVIDE FOR THE PURCHASE OF GOODS OR SERVICES FROM GOVERNMENT- RELATED STATEWIDE OR NATIONAL ASSOCIATIONS, AND PROVIDING A1Y EFFECTIVE DATE. BE TT ORDAINED by the City Commission of the City of Atlantic Beach, Florida: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Sec. 2-336(8), which section shall read as follows: '(8) When the goods or xrvices are procured from govercuttent- rclated statewide or national associations." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Conunission on first reading this day of October, 1996. PASSED by the City Commission on xcond and final reading this day of November, 1996. ATTEST': MALTREEN KING City Clerk LYMAN T. FLETCHER Mayor, Presiding Officer Approved as to form and cornctrtess: ALAN C. JENSEN, ESQUIRE City Attorney 5A 11-11-4(0 RESOLUTION NO 96-51 A RESOLUTION OF THE CIl'Y OF ATLANTIC BEACH, FLORIDA, SETTING A TIME AND PLACE FOR A PUBLIC HEARING ON A PROPOSAL TO LEVY A SPECIAL ASSESSMENT FOR A SEWER LINE TO SERVE THE PROPERTY OWNERS BETWEEN 16TH AND 20TH STREETS ON BEACH AVENUE, AND ON SECTIONS OF DE~L'EES AVENUE, SHELL STREET, COQUINA PLACE, OCEAN BOULEVARD AND SFMINOLE ROAD, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Atlantic Beach intends to install a sewer line to serve the property owners between 16th and 20th Streets on Beach Avenue, and on sections of Dewees Avenue, Shell Street, Coquina Place, Ocean Boulevard and Seminole Road, and WHEREAS, on October 28, 1996, the City Commission adopted Resolution No. 96-50 declaring a special assessment on said project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section I. The City Commission does hereby set a public hearing for the public to be heard at 7:15 PM on Monday, January 2Q 1997, in the City Commission Chambers, City Hall, 800 Seminole Road, Atlantic Beach. At such meeting the owners of the property to be assessed or any other persons interested therein, may appear before the City Commission and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount therefor to be assessed against each property so improved. Section 2. This resolution shall take effect immediately upon its final passage and adoption. Passed by the City Commission this 11th day of November, 1996. Lyman T. Fletcher Mayor/Presiding Officer ATTEST: Maureen King, C>.1C City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney 4A !l- l!-9(0 November 4, 1996 ITY OF ~tPa.ct<"c ~eaui - ~Faauca -__ _ __--'~.r1... To: Jim Jarboe, City Manager From :Timmy Johnson, Parks and Recreation Director ~ ~ Re: Usage Report, Community Center, October, `96 61N1 tirNISOLE RUAII n"I i :~~ i IC Rt_a/al, f"IA)Rnkt }~:?? ;cy{< Tf.l f:YHOSF: 14M1 ?.i7-cMnn Fax IWNI ?~~-Stl11S ~~ 1im, here is a recap of activity at the Adele Grage Community Center for the month of October, 1996. Group/Event # Mtgs/ # People % Total Use Events AA Meeting 8 96 9 ABET Performances 1 30 2 ABET Rehearsal 26 182 17 ABET Workshops 24 400 37 Arts & Craft 1 8 1 Board Meetings 4 46 4 Cribbage/Scrabble 6 42 4 Democratic Club Mtg. 2 80 8 Exercise Group 8 80 8 L.eleche Group Mtg. I 15 1 State Atty's Mtg. 2 16 2 Travel Group 1 lU 1 Reception 1 60 6 TOTALS i 065 100% Increase/(Decrease) in total Usage from prior month 249 CITY OF ATLANTIC BEACH Code Enforcement Activity Report October 1, 188Q - October d1, 199Q ..... .. ; .~:.~$ ~. PREVIOl18 PRE8ENT YEAR TO MONTH MONTH DATE a 1 n ra s s n n n n t u nee n oe .._ ._ .r_r._m._...... A_._..___...... .. _. Complairns in CompNana 135 iss Number of ConplaiMS Outstanding ProaeWa Complaints ~ ~ Raaetive complaints u u OTHER ACTMTIES: Code ErNoroement Board September 1q 1996, 7:30 p.m. Case #96-5027 -Aquatic Pool, Inc.. Overgrowth of v~egetatbn surrounding pond; Case #96-5008 -Douglas Dickie - 2137 Fairway Villas Lane South -Boat stored in front of setback line; Case #9fr4404 -Thomas O'connell - 451 Camelia Street -Dead pine trees danger to surrounding homes; Case #96-4807 - Yousuf Suttani - 43 Stanley Road -House trailer is detriment to health and safety of community; Case #96-5305 - RobeR Stewart - 348 Church Road -Trash and garbage -repeat violator. Prepared By: Karf W. Grunewald 4A II - II-q~ CITY OF ATLANTIC BEACH CITY COM.M/SSION MEET/NG STAFF REPoRT AGENDA ITEM: October 1996 Code Enforcement Report SUBMITTED BY: Karl W. Grunewald ~~•` DATE: November 5, 1996 BACKGROUND: October 1996 Code Enforcement Report RECOMMENDATION: ATTACHMENTS: October 1996 Code Enjorcemtnt R~porf REVIEWED BY CITY ~ ~`~ MANAGER: AGENDA ITEM Minutes Pagel l October 28, 1996 Motion: Authorize the City Manager to treat the situation as an emergency and proceed accordingly. After a brief discussion, the motion tamed unanimously. There being no further discussion or business to come before the Commission, the meeting adjourned at 1 1:45 p.m. Lyman Fletcher Mayor/Presiding Officer ATTEST: Maureen King, CMC City Clerk NAME OF COMMAS. M S V Y V N MESERVE X REED X ROSENBLOOM X X SHAUGHNESSY X X FLETCHER X Minutes Yage 10 October 28, 1996 After some brief comments, this matter was referred to the City Attorney for his legal opinion. If the process is found to be legal, the City Manager was directed to proceed with the negotiations. 8. City Manager Reports and/or Correspondence: A. Request to declare Christmas Eve 1996 as a holiday for city employees City Manager Jarboe explained that Christmas Day fell on a Wednesday this year, and he was requesting the Commission declare Christmas Eve day 1996 holiday for city employees to make the holiday season easier on families- Motion: Declare Christmas Eve 1996 a holiday for city employees. After a brief discussion clarifying the intent of the request and the legality of the past practice of the Mayor declaring Christmas Eve afternoon a holiday, the motion carried unanimously. B. Financial Support of Employee Christmas Party Discussion of this item was deferred to the November I I, 1996 Conunission Meeting. 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk A. Report relative to contracts for use of city facilities Commissioner Meserve reported he would have the contracts to the City Attorney for review and they would be presented to the Commission within the next two meetings. Commissioner Shaughnessy thanked City Manager Jarboe for the Atlantic Beach Tax Report and stated the information was very useful. Commissioner Meserve inquired if someone was writing a letter to the newspaper concerning the annexation referendum on the November 5, 1996 ballot City Manager Jarboe stated the letter was being written. City Manager Jarboe requested ('ommission direction as to whether the city should go out to bid or obtain quotes to make repairs to a caved in manhole in the FDOT ROW located at Renault and Mayport Road Cost for the work is estimated to be 518.000 - 520.000. NAME OF COMMAS. M S V Y V N MESERVE X X REED X ROSENBLOOM X SHAUGHNESS X FLETCHER i X X Minutes Page 9 October 28, 1996 F. ORDINANCE NO. 40-96-19 -Introduction and First Reading AN ORDINANCE OF' THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC., TO USE THE PUBLIC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER, AND PROVIDING AN EFFECTIVE DATE Mayor Fletcher read the ordinance by title only and stated the Public Hearing and Final Reading would take place during the November 11, 1996 Commission Meeting. Motion: Pass Ordinance 40-96-19 on first reading. There was no discussion and the motion carried unanimously 7. New Business: A. Author¢e the Mayor to execute the Community Development Block Grant contract between the City of Atlantic Beach and the City of Jacksonville for FY 1996/97 Motion: Authorize the Mayar to execute the Community Development Block Grant contract between the City of Atlantic Beach and the City of Jacksonville for Fiscal Year 1996/97. There was no discussion and the motion carved unanimously. B. Award Annual Polymer Contract pursuant to specifications of Bid No. 9596-34 to Callaway Chemicals at a cost of $526.00 per 55 gallon drum Motion: Award annual Polymer Contract pursuant to specifications of Bid No. 9596-34 to Callaway Chemicab at a cost of 5526.00 per 55 gallon drum. There was no discussion and the motion carried unanimously. C. Authorize the City Manager to negotiate with Architect William Morgan for his services to design renovations to the lifeguard building NAME OF COMMRS. M S V Y V N MESERVE X REED X ROSENBLOOM X X SHAUGHNESSY X X FLETCHER X MESERVE X REED X ROSENBLOOM X X SHAUGHNESSY X X FLETCHER X MESERVE X REED X X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X i Minutes Page 8 October 28, 1996 C. ORDINANCE NO. 80-96-58 -Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22, UTILITIES, SECTION 22-27.1, UTILITY DEPOSITS, BY PROVIDING FOR THE RETURN OF DEPOSITS UNDER CERTAIN CIRCUMSTANCES AND PROVIDING AN EFFECTIVE DATE Motion: Pass Ordinance No. 80-96-58 on final reading. Mayor Fletcher opened the floor for the Public Hearing. No one spoke in favor of or in opposition to the ordinance. The Public Hearing was declared closed. There was no Commission discussion and the motion carried unanimously. D. ORDINANCE NO.80-96-59 -Public Nearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 22, BY ADDING A NEW SECTION 22-3, VOLUNTARY COLLECTION PROGRAM, FOR TRUST FUND TO HELP THE NEEDY WITH ATLANTIC BEACH UTILITY BILLS, AND PROVIDING AN EFFECTIVE DATE Mayor Fletcher opened the floor for the Public Hearing. No one spoke concerning the ordinance. The Public Hearing was then closed. Motion: Pass Ordinance No. 80-96-59 on final reading. There was no Commission discussion and the motion tamed unanimously. E. ORDINANCE NO. 596-28 -Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 2, ADMINISTRATION, BY ADDING A NEW SUB-SECTION SEC. 2-336-8 ALLOWING FOR THE PURCHASE OF GODS AND SERVICES WITHOUT BID IF THE COST IS LESS THAN THE STATE BID PRICES AND THE ASSOCIATED SPECIFICATIONS ARE MET OR EXCEEDED, AND PROVIDING AN EFFECTIVE DATE Motion: Pass Ordinance No. 596-28 on first reading. Mayor Fletcher read the ordinance by title only and stated the Public Hearing and Final Reading would take place during the November 1 1, 1996 Commission Meeting. There was no discussion and the motion tamed unanimously. NAME OF COMMAS. M S V Y V N MESERVE X REED X ROSENBLOOM X X SHAUGHNESS X X FLETCHER X MESERVE X i REED X X ROSENBLOOM X~ SHAUGHNESS X X FLETCHER X, MESERVE X X kEED X ROSENBLOOM X X SHAUGHNESS X FLETCHER X Minutes Page 7 October 28, 1996 EF'FECT'IVE DATE Motion: Pass Ordinance 796-11 on final reading. Mayor Fletcher read the ordinance by title only. He then opened the public hearing and invited comments from those present. No one spoke in favor of or in opposition to the ordinance and the public hearing was declared closed. Commissioner Shaughnessy stated that in light of information she had obtained at the recent Florida Shore and Beach Preservation Association Annual Meeting concerning federal guidelines for the issuance of parking stickers, she was opposed to enactment of the ordinance. She further stated that if the Commission desired, a representative of the Army Corps. of Engineers would come to a future meeting and explain the federal guidelines. Commissioner Meserve stated that he had always been opposed to such an ordinance and believed there was not a significant parking problem to merit issuance of a free sticker which represented an on-going administrative cost to the city. After some further discussion, the motion failed by a four to one vote with Mayor Fletcher casting the only vote supporting the motion. B. ORDINANCE NO.95-96-68 -Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 5, BY ADDING A NEW SECTION 5-8, PARKING OF SAILBOATS/CATAMARANS ALLOWED BY PERMIT ONLY, AND PROVIDING AN EFFECTIVE DATE Motion: Pass Ordinance 95-96-68 on final reading. The ordinance was read by Mayor Fletcher by title only. He then opened the floor for the Public Hearing. J.P. Marchioli of 414 Sherry Drive questioned the intent of the Ordinance and expressed his concern that parked sailboats would destroy the dunes. City Manager Jarboe explained passage of the ordinance would give the Public Safety Department authority to remove them. No one else spoke and the Public Hearing was declared closed. 7~here was no Commission discussion and the motion carried unanimously. NAME OF COMMRS. M S V Y V N MESERVE ~ I X REED X ~ X ROSENBLOGM X X SHAUCHNESSY X FLETCHER X MESERVE X REED X X RGSENBLOOM X X SHAUCHNESSY X FLETCHER X Minutes Page b October 28, 1996 The consent agenda items were received and acknowledged as presented. 5. Action on Resolutions: A. RESOLUTION N0.96-49 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO ENTER INTO A LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION (For Atlantic Boulevard medians) Motion: Adopt Resolution No. 96-49 There was no discussion and the motion carried unanimously. B. RESOLUTION N0.96-50 DECLARING A SPECIAL ASSESSMENT, AS REQUIRED BY FLORIDA STATUTES, CHAPTER 170, FOR SEWER LINES TO SERVE THE PROPERTY OWNERS BETWEEN 16TH AND 20TH STREETS ON BEACH AVENUE, AND ON SECTIONS OF DEWEES AVENUE, SHELL STREET, COQUINA PLACE, OCEAN BOULEVARD AND SEMINOLE ROAD, AND PROVIDING AN EFFECTIVE DATE Motion: Adopt Resolution No. 96-50. Mayor Fletcher read the Resolution by title only. City Manager Jarboe explained that the adoption of the Resolution would set up the process to declare the special assessments. It was fwther reported that the affected property owners would receive formal notification of the upcoming meetings to discuss the proposed special assessments. There being no further discussion, the motion carried unanimously. 6. Action on Ordinances: A. ORDINANCE NO. 75-96-11 -Public Hearing & Final Reading AN ORDINANCE. OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADDING SECTION 21-27, RESIDENTIAL PARKING STICKER PROGRAM. AND PROVIDING AN NAME OF COMMAS. M S V Y V N MESERVF. X X REED X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X MESERVE X REED X ROSENBLOOM X X SHAUGHNESSY X X FLETCHER X Minutes Page 5 October 28, 1996 plart will not meet the two year storm requirement it was designed for and piping the streets will add approximately $200,000 to the project costs. Commissioner Rosenbloom expressed concern that most of the people who spoke represented only one opinion and the Commission should consider what is best for the whole community and not abandon the citizens who live in the Selva Marina and Twelfth -Fourteenth Street areas. Commissioner Meserve agreed with Commissioner Rosenbloom. Commissioner Reed concurred with Commissioner Shaughnessy and stated that the Commission needed to make a decision and give clear direction to Mr. Mathews. After some further discussion, the question was called and the motion failed by a four to one vote. Motion: Delay action for one week and schedule a Special Called Meeting on Thursday, November 7, 1996 at 6:30 PM to allow Hugh Mathews time to present drainage improvement alternatives and costs to the Commission, including underground pipes directing water flow into Johansen Park without disturbing the existing park. (Curb and gutter special assessments will also be addressed at this meeting and the meeting previously scheduled for Monday, November 4, 1996 was cancelled.) There being no further discussion, the rnotion carried unanimously. B. Discussion and related action on the unnamed triangular park bounded by 16th Street, Ocean Boulevard and Seminole Rosd Discussion of this item was deferred to the Parks and Recreation Advisory Board for their recommendations regarding the park and will be brought back before the Commission at a later date. 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Building, Code Enforcement, Fire, Public Works and Recreation Departments NAME OF COMMAS. M S V Y V N MESERVE X REED X ROSENBLOOM X X SHAUGHNESSY X X FLETCHER X Minutes Page 4 October 28, 1996 improvements to the park. Some of the concerns expressed were loss of green space, lowering of property values, removal of more than 160 trees to build the proposed lake ,disruption of existing wildlife, safety of small children if a ditch or lake were built, and lack of maintenance of the proposed lake or ditch. It was pointed out that no matter which option was chosen, there would have to be on-going maintenance as an added expense. After some further discussion, it was the consensus of those living near Johansen Park that they preferred digging up and piping either Park Terrace East or West to the loss of the park as it now exists. When asked if the project could continue without doing anything to Johansen Park, Mr. Mathews pointed out that piping the streets would be more expensive than the options proposed and would not fully resolve the flooding problems occurring at Selva Marina Circle and Twelfth Street. It was also pointed out that by not constructing a lake at Johansen Park, the drainage improvements in Howell Park would need to be enlarged to allow for stormwater percolation treatment, as required by the St. Johns River Water Management District. After some further discussion of the proposals, alternatives and added costs associated with the altematives, a recess was called 10:15 PM. The meeting reconvened at ] 0:30 PM. Motion: Proceed with the entire stormwater, water distribution and sewage collection improvement project up to Johansen Park and leave the park as it is at this time. Commissioner Shaughnessy expressed concern that if the outfall problems outside of the city limits were not resolved, they would negatively impact the entire project. Commissioner Shaughnessy further stated that she liked the lake, it would meet DEP requirements, take care of the muck problem in the park, be the least costly to maintain and the Bull Family, donators of the land for the park, favored the lake. Commissioner Meserve questioned how taking Johansen Paris out of the master plan would impact the remainder of the project. Mr. Mathews stated it could be designed without it, but a greater demand would be put on Howell Fark. It was pointed out that if Johansen Park is left out, the NAME OF COMMAS. M S V Y V N MESERVE X REED X ROSENBLOOM X SHAUGHNESS X X FLETCiiER X X Minutes Page 3 October 28, 1996 NAME OF ~ COMMRS. M S V Y V N Alan Potter of 374 Second Street, 10. J.P. Marchioli of 414 Sherry Drive, 1 1. Cam Brown of 1570 Park Terrace West, 12. Thomas P. Jones of 1452 Seminole Road, 13. John Magee of 231 Selva Marina Drive, 14. Bob Weiss of 1798 Selva Marina Drive, 15. Michael Kting of 1580 Selva Marina Drive, 16. Doug Speed of 1207 Seminole Road, 17. Virginia Hackeny of 1565 Park Terrace East, 18. Pat Gcelz of 1359 Beach Avenue, 19. Don Nelson of 1813 Seminole Road, 20. Vern Wetherford of 37i 9th Street, 21. Jim Lucas of 235 Ocean Forest Drive, ~ 22. Bob Phillips of 1535 Park Terrace East, 23. Jack Dunn of 1671 Park Terrace West, 24. Mrs. Brady of 1636 Sea Oates, 25. Rosemarie Clark of 1685 Selva Marina Drive, and 25. Mike Crane of 1586 Selva Marina Drive. Several citizens, including Alan Potter, J.P. Marchioli and Don Phillips stated that they had inspected drainage system culverts running outside the city limits and found them to be full of vegetation and debris which would need to be cleaned in order for the city's drainage system to work properly. Mr. Phillips passed out photographs of clogged ditches and culverts and a summary of his concerns for Commission consideration and evaluation. The photographs and summary are attached and made part of this official record. (Attachment A). City Manager Jarboe explained he was working with the FDOT, MPO and the City of Jacksonville for resolution of the drainage problems outside the city limits directly affecting the city's project and would be meeting with them again next week. Hugh Mathews presented an overview of the entire project and a detailed explanation of the three drainage alternatives for Johansen Park, including installing a larger pipe between Seminole Road and Country Club Lane, creating a sloping ditch and constructing a lake in the park. Mr. Mathews favored the lake because it looked the best aesthetically and provided for required stormwater treatment. A conceptual drawing of the lake was presented illustrating proposed landscaping and existing clusters of oak trees that would be saved, sidewalks, benches and plantings of neH- trees. Mr. Mathews explained mitigation required by the city's landscape code whereby 320 three inch trees would be planted to replace the 160 removed by construction of the lake. The majority of those people living on Park Terrace East or West (the streets surroundinc Johansen Park) spoke against any drainage Minutes Page 2 October 28. 1996 NAME OF COMMRS. M - S V Y V N Fletcher welcomed the new employees. B. Recognition of Employee of the Month -'ferry Masters Public Works Director Kosoy introduced "ferry Masters who works in equipment maintenance as Employee of the Month and presented him with a framed certificate. Mayor Fletcher thanked Mr. Masters for his good work. C. Curb and Gutter Special Assessment -Workshop Meeting Mayor Fletcher announced that if there were no Commission objections, he would like to hold a Workshop Meeting at 7 I S p.m. on Monday, November 4, 1996, to further discuss curb and gutter construction as part of the city's stormwater collection improvement project. There were no Commission objections. D. Proclamation declaring November 1996, as Epilepsy Awareness Month in Atlantic Beach Mayor Fletcher read the Proclamation in full declaring the month of November 1996 as Epilepsy Awazeness Month in the City of Atlantic Beach. 3. Unfinished Business: ~ A. Discussion and possible City Commission action on Johansen Park drainage Mayor Fletcher opened the floor for public comments and questions from those present concerning the proposed drainage improvement alternatives for Johansen Park. Hugh Mathews, Engineer with England Thims and Miller, Inc., was present to explain the overall project , the three drainage options for Johansen Park and to answer questions. The following is a list of citizens who addressed the Commission with [.heir concerns: 1. Rae Brady of 1636 Sea Oats. 2. Buddy Arthur of 1975 Beach Avenue, 3. Betty Eilers of 369 Third Street. 4. Don Phillips of 1566 Park Terrace West, 5. Donald Miller of 1647 Park Terrace West, 6. Theresa Todd of 1275 Seminole Road. 7. Dean and tan Smith of 1345 Seminole Road, 8. Beatrice Langlois of 1626 Park "Terrace West, 9. MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, OCTOBER 28, 1996 PRESENT: Lyman Fletcher, Mayor John Meserve Tim Reed Steve Rosenbloom Suzanne Shaughnessy, Commissioners Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order. The invocation was given followed by the Pledge of Allegiance to the Flag. ~ Approval of the minutes of the ReQUlar MeetinE held October 14. 1996. Motion: Approve minutes of the Regular Meeting Geld October i4, 1996. The motion carried unanimously. Approval of the minutes of the Special Called Meeting held October 21. 1996. Motion: Approve minutes of the Special Called Meeting held October 21, 1996. The motion tamed unanimously. ~ Recognition of Visitors: A. Fire Marshal ('onference at Sea Turtle Inn and Introduction of New Firefighters Fire Chief John Ruley briefly reported on a regional conference for Fire Mazshals and Fire Chiefs being held at the Sea Turtle Inn. He then introduced the following new firefighters: James Renaud Lance Armbruster. Patrick McGann, and M. Brian Crolley. On behalf of the ('ommission and citizens of Atlantic Beach. Mayor ME OF COMMRS. M O T I O N S E C O N D V O T E D Y E S V O T E D N O ESERVE X EED X X OSENBLOOM X X HAUGHNESSY X LETCHER X ESERVE X X REED X ROSENBLOOM X X sHAUCHNESSY x FLETCHER X I PAGE TWO MINUTES NOVF1vv1BFR 11,1996 7 New Business: A Authorize the City Manager to execute a contract with Architect William Morgan to design renovations to the lifeguard building B. Authorize the Mayor to execute the Certificate of Acceptance of Subgrant Award entitled Beaches Drug Task Force II C. Authorize the Mayor to execute Addendum No. 1 to Conceptual Approval Agreement with the Florida Communities Trust as a part of the Preservation 2000 grant D Authorize payment of $2,037.33 to A.A. Septic Tank Service, Inc., for additional piping required in the Mater Main Extension on Mayport Road (Project No. AW- 9602) 8. City Manager Reports and/or Correspondence: 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment If any person decides to appeal arty 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 Chambers. in accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accomrnodation to participate in this meeting should comae the City Clerk. _ ~, CITY OF ATLANTIC BEACH COMMISSION MEETING -November 1 1, 1996 AGENDA Call to order Invocation and pledge to the flag Approval of the minutes of the Regular Commission meeting of October 28, 1996 2. Recognition of Visitors: 3. Unfinished Business: 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Code Enforcement, and Recreation Departments 5. Action on Resolutions: A. Resolution No. 96-51 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SETTING A TIME AND PLACE FOR A PUBLIC HEARING ON A PROPOSAL TO LEVY A SPECIAL ASSESSMENT FOR A SEWER LINE TO SERVE THE PROPERTY OWNERS BETWEEN 16TH AND 20TH STREETS ON BEACH AVENUE, AND ON SECTIONS OF DEWEES AVENUE, SHELL STREET, COQUINA PLACE, OCEAN BOULEVARD AND SEMINOLE ROAD, AND PROVIDING AN EFFECTIVE DATE 6. Action on Ordinances: A. ORDINANCE NO. X96-28 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 2, ADMINISTRATION, TO PROVIDE FOR THE PURCHASE OF GOODS OR SERVICES FROM GOVERNMENT-RELATED STATEWIDE OR NATIONAL ASSOCIATIONS, AND PROVIDING AN EFFECTIVE DATE B. ORDIIVANCE NO. 40-9<r19 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING BELLSOUTH TELECOMMUMCATIONS, INC., TO USE THE PUBLIC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER, AND PROVIDING AN EFFECTIVE DATE ~oJ- 199(: