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Home My WebLink About2007-07-10-Meeting AgendaCommissionMeetingAgenda CommissionChamber 7/10/2007 2:00PM INVOCATION: BishopRosaL.Williams,Pastor EverFaithfulBaptistChurch PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA. RECOGNITION(S) EmployeeoftheMonthAward A.EmployeeoftheMonth Attachments Retirement B.Mr.BillyElder,AdministrativeAssistant,Transit Department,27 yearsofservice Attachments Retirement C.Mr. Johnnie Boatwright, Heavy Equipment Operator, P ublic ServicesDepartment,30yearsofservice Attachments CONSENTAGENDA (Items1-13) PLANNING 1.Z-07-57–ArequestforconcurrencewiththeAugust a-Richmond Attachments CountyPlanningCommissiontoAPPROVEapetition by John Ribock requesting a Special Exception to establish a Family PersonalCareHomeperSection26-1(H)oftheComprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .22 acres and is known under th e present numberingsystemas1834FenwickStreet.(TaxMap0 35-4Parcel 360)POSTPONEDFROMJUNE4,2007MEETING.DISTRICT 1 2.Z-07-66–ArequestforconcurrencewiththeAugust a-Richmond CountyPlanningCommissiontoAPPROVEapetitionby Robert Hooks,onbehalfofEbenezerRockChurch,requestin gaSpecial Exceptiontoestablishachurch,includingdaycare activities,per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 16.03 acresandlocatedwherethecenterlineofBoggyBra nchintersects thenorthwestright-of-waylineofOldWaynesboroRoad.(Tax Map275Parcel001-01)DISTRICT8 Attachments 3.Z-07-68–ArequestforconcurrencewiththeAugust a-Richmond CountyPlanningCommissiontoAPPROVEwiththefoll owing conditions1)thatthestructuralwallthatadjoins 3042PineNeedle Roadremainand2)thattheagreeduponrestrictive covenantsbe recordedwithallnewdeedsandplatsforthisprop erty;apetition byJosephKelly,onbehalfofBonaBellLLC,reques tingachange ofzoningfromZoneR-1(One-familyResidential)an dZoneR-1A (One-family Residential) to Zone R-1A affecting property containing1.18acresandisknownunderthepresen tnumbering systemas3046PineNeedleRoad.(TaxMap043-1Parcel077) DISTRICT3 Attachments 4.Z-07-69–ArequestforconcurrencewiththeAugust a-Richmond County Planning Commission to APPROVE a petition by StonebrookBuilders,onbehalfofGregBirmingham,requestinga changeofzoningfromZoneR-1(One-familyResidential)toZone R-1D(One-familyResidential)affectingpropertycontaining1 .86 acresandconsistsofthreetaxparcelsbeing2232 A&Band2234 TravisRoad.(TaxMap154Parcels047-06,047-05an d047-04) DISTRICT6 Attachments 5.Z-07-70–ArequestforconcurrencewiththeAugust a-Richmond CountyPlanningCommissiontoAPPROVEapetitionby Barbara Galloway, on behalf Omar Ahmadie,requesting a chan ge of zoning from Zone R-1 (One-family Residential) and Z one B-1 (Neighborhood Business) to Zone B-1 affecting property containing.5acresandisknownnumberingsystema s109Clark Street.(TaxMap10Parcel050)DISTRICT7 Attachments 6.Z-07-71–ArequestforconcurrencewiththeAugust a-Richmond County Planning Commission to APPROVE with the cond ition thatthisdevelopmentbelimitedto3patiohomes;apetitionby Design Concepts Augusta LLC requesting a change of zoning from Zone LI (Light Industry) to Zone R-3C (Multipl e-family Residential)affectingpropertycontaining.16acre sandlocatedon the northeast right-of-way line of Bay Street just north of ReynoldsStreetoppositeThirdStreet.(TaxMap047 -2Parcel23) DISTRICT1 Attachments 7.FINALPLAT–THELAKESATSPIRITCREEK–S-759–A request for concurrence with the Augusta-Richmond County PlanningCommissiontoAPPROVEpetitionbyJamesG.Swift andAssociates,onbehalfofMeybohmRealtors,requ estingfinal plat approval for The Lakes at Spirit Creek.This r esidential subdivisionislocatedoffPeachOrchardRoadandc ontains71 lots.(Reviewagencyapproval6/26/07) Attachments 8.FINAL PLAT – MILDRED NEELY ESTATE – S-768 –A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE petition by Eleanor Thompsonrequestingfinalplat approvalfortheMil dredNeely Estate.ThisresidentialsubdivisionislocatedNee lyRoadeastof Horseshoe Road and contains 14 lots. (This request received a SubdivisionVarianceattheMay4,2007PlanningCo mmission hearingandobtainedReviewingagencyapproval6-27 -07) Attachments 9.FINALPLAT–CYPRESSLANE,REVISED–S-715-REV-II– A request for concurrence with the Augusta-Richmond County Planning Commission to APPROVE petition by H. Lawso n Graham & Associates, on behalf of Mason Mcknight &John Speers,requestingfinalplatapprovalfortherevi sedSESCand StormwaterplansforCypressLanesubdivision.This subdivision islocatedonGwinnsLaneoffSomersetWay.(Review ingagency approval6-01-07) Attachments PETITIONSANDCOMMUNICATIONS 10.Motion to approve the minutes of the regular meetin g of the AugustaCommissionheldonJune19,2007. Attachments ATTORNEY 11.Anordinancetoamendandrestatethe1945Richmond Employees Pension Fund Act and any amendments thereafter toc omply withtheInternalRevenueServiceLawsandRegulati ons;torepeal all ordinances or parts or ordinances in conflict w ith this ordinance.(ApprovedbytheCommissionJune19,20 07-second reading) Attachments 12.AnordinancetoamendandrestateOrdinanceNo.665 6,adopted February 20, 2002, the "1949 City of Augusta 1949 G eorgia RetirementFund",hereinafterreferredtoasthe"P lan",soasthe tocomply withthe Internal Revenue Service Laws an d Regulations; to repeal conflicting ordinances or pa rts of ordinances in conflict with this ordinance. (Appro ved by the CommissionJune19,2007-secondreading) Attachments 13.MotiontoapproveanOrdinancetoamendandrestate theCodeof AugustaRichmondCountyregardingtheoperationof amotorized cartinapublicstreet,road,orhighway;tocorre ctanerrortoa reference to the O.C.G.A.; and to repeal any confli ting ordinances. (Approved by the Commission June 19, 2 007 - secondreading) Attachments ****ENDCONSENTAGENDA**** AUGUSTACOMMISSION 7/10/2007 AUGUSTACOMMISSION REGULARAGENDA 7/10/2007 (Items14-61) PLANNING 14.Z-07-60–ArequestforconcurrencewiththeAugust a-Richmond County Planning Commission to DENY a petition by So lomon Varnado,onbehalfofVarnado&AssociatesInc.,re questinga changeofzoningfromZoneR-1A(One-familyResidential)and ZoneB-1(NeighborhoodBusiness)toZoneB-1withaSpecial Exceptiontoallowfacilitiesandgroundsforspeci aleventsper Section 20-2 of the Comprehensive Zoning Ordinance for Augusta-RichmondCountyaffectingpropertycontaining.72ac res and is known under the present numbering system as 2509 Meadowbrook Drive. (Tax Map 120 parcel 640) POSTPON ED FROMJUNE4,2007MEETING.DISTRICT5 Attachments PUBLICSERVICES 15.Approve request to upgrade the airport TeleRadial P assenger BoardingBridge. Attachments 16.NewApplication:A.N.07-33:ArequestbyGlennJ.Brinsonfor anonpremiseconsumptionLiquor,BeerandWinelic ensetobe used in connection with 209 Music Lounge located at #4 8th Street.TherewillbeDance.District1.SuperD istrict9. Attachments 17.NewOwnershipApplication:A.N.07-36:ArequestbyHyungJ. KimforaretailpackageLiquor,BeerandWinelice nsetobeused inconnectionwithHarban'sWineandSpiritslocate dat214Boy ScoutRd.District7.SuperDistrict10. Attachments 18.NewOwnershipApplication:A.N.07-31:ArequestbyRobert L.MilesforaretailpackageBeerlicensetobeus edinconnection withCumbee'slocatedat4628MikePadgettHwy.Di strict8. SuperDistrict10. Attachments 19.NewOwnershipApplication:A.N.07-32:ArequestbyVictoria B. Tyree for an on premise consumption Liquor, Beer and Winelicense to be used in connection with Coyotes located at 2512PeachOrchardRd.TherewillbeDance.Distr ict2.Super District9. Attachments 20.New Application: A. N. 07-34: A request by William E. Williamson for a retail package Beer license to be used in connection with Broad St. Tobacco located at 2006 B road St. District1.SuperDistrict9. Attachments 21.New Application: A. N. 07-35: A request by William E. Williamson for a retail package Beer license to be used in connectionwith8thSt.Tobaccolocatedat2308th St.District1. SuperDistrict9. Attachments 22.Discussion: A request by James C. Youngfor a Sund ay Sales LicensetobeusedinconnectionwithCuz'sPlacel ocatedat1979 Tobacco Rd. There will be Sunday Sales. District 6. Super District10. Attachments 23.Accept tentative allocation from FAA in the amount of $300,000.00 and amend the airport 2007 budget and c apital accounttoreflectthismoney. Attachments 24.Presentation by Mr. James Ramsey regardingtaxi cab requirements. Attachments 25.Approve Work Authorization for Professional Servic es in the amountof$40,196.00fromW.K.Dickson. Attachments ADMINISTRATIVESERVICES 26.Consider Proposed Procedure for Authorization of Agreements/Contracts for the Housing and Community DevelopmentDepartment. Attachments 27.ConsidertheReprogrammingof$1,032,392.14inCDBG ,HOME, ESGandHOPWAFundsandChangetheScopeofService sfor theBoysClubandAugustaMiniTheatreProjects. Attachments 28.Approve award of the contract RFQ #07-115 Comprehensive DisparityStudytoNERAintheamountof$598,113. Attachments PUBLICSAFETY 29.ApprovetheFireDepartmenttoacquireandimplemen tsoftware and hardware for a computerized Automatic Vehicle L ocation system(AVL). Attachments 30.Motion to approve Amendment No. 1 to KSGW Architect s’ Design Consultant Contract for Expansion of the Web ster DetentionCenter. Attachments 31.MotiontoapproveexpenditureofSPLOSTfundsforn ewsecurity fencingassociatedwiththeupcomingexpansionoft heWebster Detention Center, in accordance with proposal from Boyd Fencing. Attachments 32.Presentation by Mr. Ron Rhodes of the South Augusta Flea Attachments MarketregardingwatermainsandfirehydrantsonD ougBarnard Parkway. 33.ApprovetheselectionofISITelemanagementSolutio ns,Inc.for RFP Item #06-197A, Telecommunications Audit of TelecommunicationsInvoicing. Attachments FINANCE 34.Discussrequestfor$2,000fromtheGeneralFundin supportof ASULadiesGolfTeamvisitingAugusta'sSisterCity inFranceto competeingolftournamentandrepresentAugusta.(Requestedby CommissionerGrantham) Attachments 35.Approve award of the contract RFQ #07-115 Comprehensive DisparityStudytoNERAintheamountof$598,113. Attachments 36.Presentation by the Director of the Downtown Develo pment Authority regarding Downtown Augusta Business Impro vement District. Attachments 37.Present2008BudgetCalendarforapproval.Attachments 38.Presentation by Ms. Mattie Guy regarding thetax re calculation and homestead exemption for Parcel 129-0-061-00-0 Account 8260. Attachments 39.Receive as information2006 audit report from Cherr y, Bekaert andHolland. Attachments 40.Approve2007proposedmillratesinaccordancewith OCGA48-Attachments 5-32.1. ENGINEERINGSERVICES 41.1)Approveawardtothelowbidderfortheemergen cycontractto makeneededrepairstothe2ndStreetLiftStation andthe30 ” intakesewerline.2)Approveadditionalfundstot heEagleUtility Contractintheamountof$117,578.97fortheaddit ionalcostof bypass pumping associated with the Laney Walker Sew er Line Repaircontractasaresultofthe2ndStreetLift Station30”line collapse. Attachments 42.Approveawardofdesigncontractmodificationinth eamountof $28,800toW.R.TooleEngineers,Inc.forproviding additional sewerservicesto18parcelsintheBelairHillsSu bdivision. Attachments 43.Authorize Augusta Utilities Department to implement the recommendationsoutlinedintheEngineeringReport preparedby CranstonEngineeringGroupentitledAugustaCanalB ankStudy intheamountof$735,000. Attachments 44.Approve Construction Project Budget Change Number T hree (CPB323-04-299823999)fortheAugustaCountyRegionalFlood ControlFeasibilityStudyintheamountof$55,000 tobefunded from SPLOST Phase III Recapture as requested by the EngineeringDepartment. Attachments 45.Approveawardofdesigncontractmodificationinth eamountof $36,742 to ZEL Engineers, Inc. for providing additi onal engineeringservicesfor3separateconstructionco ntractsinlieuof 2 for Project 10801-Morgan Road Pump Station/Ft.Gor don 20 ” WaterMainConnection. Attachments 46.Award of Construction of Deans Bridge Road MSW Land fill Scale house and Customer Drop Off center to the low est responsive,qualifiedbidder Attachments 47.Approve CPB #323-04-299823595 Change Number 3 in the amountof$1,820,000.00withfundingof$400,000.00 fromthe GDOT State Aid Contract and $1,420,000.00 from SPL OST PhaseIIIRecaptureforprojectconstruction.Also ,approveaward ofconstructioncontracttoBeam’sContracting,Inc.intheamount of$3,519,984.30fortheBungalowRoadImprovements Project, subject to receipt of signedcontracts and proper b onds as requested by the Augusta, GA EngineeringDepartme nt. Attachments 48.ApproveEngineeringContractfromZELEngineersfor thedesign ofasewerlinetoservepropertiesalongBrownRoa dandanew middleschool. Attachments 49.ApprovetheFinancialCloseoutsofSPLOSTprojects thatwere programmedover10yearsagofortheEngineeringDe partment andneverdesignedorconstructed.Thefundingfor theseprojects will be redirected back into their respective Fund Recapture Account. Attachments 50.Discussexemptionfromgarbageserviceofproperty ownerswho live300ormorefeetfromthepublicright-of-way.(Requestedby CommissionerSmith) Attachments 51.MotiontoapproveOneGeorgiapass-throughgrantandletterof supportrequest from Marcie Wilhelmi, Special Proje cts Coordinator,GlobalEmergencyResources,onbehalf of"Project Cyber." Attachments 52.Approverecommendedsite,managementagreementterm sheet,Attachments andoperationandmaintenancefundingplanforthe Trade,Event andExhibit(TEE)Center. 53.ApproveleasingpropertyfromWasteManagement.Attachments SUBCOMMITTEE HydePark 54.Request/receive status report from the Administrato r relative to HydePark.(RequestedbyCommissionerMarionWillia ms) Attachments APPOINTMENT(S) 55.MotiontoapprovetheappointmentofMs.GeneiceMc Coytothe HB100 Regional Board -Region 12 Board. (Requested by CommissionerBowles) Attachments ADMINISTRATOR 56.DiscussAdministrator'sMonthlyReport.Attachments ATTORNEY 57.Motion to approve ordinance creating a Business Imp rovement District(BID)intheCentralBusinessDistrict. Attachments 58.ApprovepolicychangeinreferencetoreleaseofSP LOSTVfunds to outside agencies and contractors in accordance w ith the approveddisbursementschedule. Attachments 59.Motion to approve Recodification of Augusta Code, 2 007 Revision. Attachments 60.Motion to ratify authorization letter regarding app roval of the Attachments UpcomingMeetings www.augustaga.gov releaseofSPLOSTVfundstoAugustaCanalAuthori ty-SPLOST VContractorAgreement. LEGALMEETING A.PendingandPotentialLitigation. B.RealEstate. C.Personnel. 61.Motion to approve execution by the Mayor of the aff idavit of compliancewithGeorgia'sOpenMeetingAct. CommissionMeetingAgenda 7/10/20072:00PM Invocation Department:ClerkofCommission caption2:BishopRosaL.Williams,Pastor EverFaithfulBaptistChurch Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 1 CommissionMeetingAgenda 7/10/20072:00PM EmployeeoftheMonthAward Department:ClerkofCommission caption2:EmployeeoftheMonth Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 2 CommissionMeetingAgenda 7/10/20072:00PM Retirement Department:ClerkofCommission caption2:Mr.BillyElder,AdministrativeAssistant,Transit Department,27yearsofservice Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 3 CommissionMeetingAgenda 7/10/20072:00PM Retirement Department:ClerkofCommission caption2:Mr.JohnnieBoatwright,HeavyEquipmentOperator,P ublic ServicesDepartment,30yearsofservice Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 4 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommission Department:PlanningCommission caption2:Z-07-57–ArequestforconcurrencewiththeAugust a- RichmondCountyPlanningCommissiontoAPPROVEa petitionbyJohnRibockrequestingaSpecialExcept ionto establishaFamilyPersonalCareHomeperSection2 6-1(H) oftheComprehensiveZoningOrdinanceforAugusta- RichmondCountyaffectingpropertycontaining.22a cres andisknownunderthepresentnumberingsystemas 1834 FenwickStreet.(TaxMap035-4Parcel360)POSTPONE D FROMJUNE4,2007MEETING.DISTRICT1 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 5 Cover Memo Item # 5 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommission Department:PlanningCommisson caption2:Z-07-66–ArequestforconcurrencewiththeAugust a- RichmondCountyPlanningCommissiontoAPPROVEa petitionbyRobertHooks,onbehalfofEbenezerRoc k Church,requestingaSpecialExceptiontoestablish achurch, includingdaycareactivities,perSection26-1(a)ofthe ComprehensiveZoningOrdinanceforAugusta-Richmond Countyaffectingpropertycontaining16.03acresan dlocated wherethecenterlineofBoggyBranchintersectsthe northwestright-of-waylineofOldWaynesboroRoad.(Tax Map275Parcel001-01)DISTRICT8 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 6 Cover Memo Item # 6 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommission Department:PlanningCommission caption2:Z-07-68–ArequestforconcurrencewiththeAugust a- RichmondCountyPlanningCommissiontoAPPROVEwith thefollowingconditions1)thatthestructuralwal lthat adjoins3042PineNeedleRoadremainand2)thatth eagreed uponrestrictivecovenantsberecordedwithallnew deeds andplatsforthisproperty;apetitionbyJosephK elly,on behalfofBonaBellLLC,requestingachangeofzon ingfrom ZoneR-1(One-familyResidential)andZoneR-1A(On e- familyResidential)toZoneR-1Aaffectingproperty containing1.18acresandisknownunderthepresen t numberingsystemas3046PineNeedleRoad.(TaxMap 043-1Parcel077)DISTRICT3 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 7 ClerkofCommission Cover Memo Item # 7 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommission Department:PlanningCommission caption2:Z-07-69–ArequestforconcurrencewiththeAugust a- RichmondCountyPlanningCommissiontoAPPROVEa petitionbyStonebrookBuilders,onbehalfofGreg Birmingham,requestingachangeofzoningfromZone R-1 (One-familyResidential)toZoneR-1D(One-family Residential)affectingpropertycontaining1.86acr esand consistsofthreetaxparcelsbeing2232A&Band 2234 TravisRoad.(TaxMap154Parcels047-06,047-05an d047- 04)DISTRICT6 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 8 Cover Memo Item # 8 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommission Department:PlanningCommission caption2:Z-07-70–ArequestforconcurrencewiththeAugust a- RichmondCountyPlanningCommissiontoAPPROVEa petitionbyBarbaraGalloway,onbehalfOmar Ahmadie,requestingachangeofzoningfromZoneR-1 (One-familyResidential)andZoneB-1(Neighborhood Business)toZoneB-1affectingpropertycontaining .5acres andisknownnumberingsystemas109ClarkStreet.(Tax Map10Parcel050)DISTRICT7 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 9 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommission Department:PlanningCommission caption2:Z-07-71–ArequestforconcurrencewiththeAugust a- RichmondCountyPlanningCommissiontoAPPROVEwith theconditionthatthisdevelopmentbelimitedto3 patio homes;apetitionbyDesignConceptsAugustaLLC requestingachangeofzoningfromZoneLI(LightI ndustry) toZoneR-3C(Multiple-familyResidential)affectin g propertycontaining.16acresandlocatedontheno rtheast right-of-waylineofBayStreetjustnorthofReyno ldsStreet oppositeThirdStreet.(TaxMap047-2Parcel23)DISTRICT 1 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 10 Cover Memo Item # 10 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommission Department:PlanningCommission caption2:FINALPLAT–THELAKESATSPIRITCREEK–S-759– ArequestforconcurrencewiththeAugusta-Richmond CountyPlanningCommissiontoAPPROVEpetitionby JamesG.SwiftandAssociates,onbehalfofMeybohm Realtors,requestingfinalplatapprovalforTheLa kesat SpiritCreek.Thisresidentialsubdivisionislocat edoffPeach OrchardRoadandcontains71lots.(Reviewagencya pproval 6/26/07) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 11 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommission Department:PlanningCommission caption2:FINALPLAT–MILDREDNEELYESTATE–S-768–A requestforconcurrencewiththeAugusta-RichmondC ounty PlanningCommissiontoAPPROVEpetitionbyEleanor ThompsonrequestingfinalplatapprovalfortheMil dred NeelyEstate.Thisresidentialsubdivisionislocat edNeely RoadeastofHorseshoeRoadandcontains14lots.(This requestreceivedaSubdivisionVarianceattheMay 4,2007 PlanningCommissionhearingandobtainedReviewing agencyapproval6-27-07) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 12 Cover Memo Item # 12 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommission Department:PlanningCommission caption2:FINALPLAT–CYPRESSLANE,REVISED–S-715- REV-II–ArequestforconcurrencewiththeAugusta - RichmondCountyPlanningCommissiontoAPPROVE petitionbyH.LawsonGraham&Associates,onbehal fof MasonMcknight&JohnSpeers,requestingfinalplat approvalfortherevisedSESCandStormwaterplans for CypressLanesubdivision.Thissubdivisionislocat edon GwinnsLaneoffSomersetWay.(Reviewingagency approval6-01-07) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 13 Cover Memo Item # 13 CommissionMeetingAgenda 7/10/20072:00PM PlanningCommissionRegularAgenda Department:PlanningCommission caption2:Z-07-60–ArequestforconcurrencewiththeAugust a- RichmondCountyPlanningCommissiontoDENYapetit ion bySolomonVarnado,onbehalfofVarnado&Associat es Inc.,requestingachangeofzoningfromZoneR-1A (One- familyResidential)andZoneB-1(NeighborhoodBusi ness) toZoneB-1withaSpecialExceptiontoallowfacil itiesand groundsforspecialeventsperSection20-2ofthe ComprehensiveZoningOrdinanceforAugusta- RichmondCountyaffectingpropertycontaining.72ac resand isknownunderthepresentnumberingsystemas2509 MeadowbrookDrive.(TaxMap120parcel640) POSTPONEDFROMJUNE4,2007MEETING.DISTRICT 5 Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Cover Memo Item # 14 ClerkofCommission Cover Memo Item # 14 CommissionMeetingAgenda 7/10/20072:00PM AirportTeleRadialBridgeUpgrade Department:AugustaRegionalAirport caption2:ApproverequesttoupgradetheairportTeleRadialP assenger BoardingBridge. Background:TheAirportpurchasedaTeleRadialPassengerBoardi ng BridgeformFMCTechnologiesin2003asrequiredby ContinentalAirlinesforusewiththeirCRJaircraf t. Analysis:Thisupgradewillallowthebridgetobeusedbyla rger aircraftsuchasMD80and737classaircraft. FinancialImpact:Thecostofthisupgradeis$89,741.Moniesfromex cess interestearningsonconstructionfundsandcapital improvementfundswillbeusedtofinancethisupgr ade. Alternatives:Denyrequest. Recommendation:ApproverequesttoupgradetheTeleRadialPassenger BoardingBridge. Fundsare Availableinthe Following Accounts: 551081301/5413130 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 15 Cover Memo Item # 15 Quote No.: 9358-6 REFURBISHMENT SERVICES QUOTATION THIS QUOTATION IS SUBJECT TO THE AlTACHED REFURBISHMENT SERVICE TERMS & CONDITIONS Augusta Regional Airport SCOPE OF WORK: Lead Time on Eauipment (RotundalDrive Columns): Availability of equipment to ship is estimated @ about 10 to 12 weeks after recelpt of fully executed Contract or Purchase'Order. Scope of 0639909 (TR-50160) Provide New Rotunda assembly wipattern # 7 foundation pattern for est 6' terminal elevation Note: Required if used a1 4' to 6' terminal elevation. Provide New 10' Upper Vertical drive column replacing existing 3' verticnl drive column. Note: Aircraft Mix - CRJ, EN, MD-80, MD-90,727 & 737 series aircraft Load, b-ansport and install existing Telekadial bridge at Airport selected gate 2 or 6. Including: 1-lnterconncction of existing PCA and 400hz. units. 2-Flashing to terminal 3-Grouting Rotunda column CComplete operational testing of TeleRadial bridge. Note: The terminal power requirements Bridge, PCA and 40031z) are the responsibility of tlie Owner Note: Re: PCA and 4OOhz units-It is assumed that all pertinent parts and mterhls are existing for the PCA and 400hz Units, in order to insure that they can be made operational. Freight (Rotunda, Drive column & etc.) (estimated - Billed @Actual): Tax Note: The BUYER is responsible for payment to the SELLER of any salesluse or other similar type taxes imposed on this sale Based on the tax rate in effect on the date of this Proposed Change Order, state and local salesluse tax at 7% must be added to Materials-Freight SELLER will accept a valid exemption certif~cafe from BUYER if applicable; however, if an exemption certificate previously accepted is not recognized by the governmental taxing authority involved, and SELLER is required to pay the tax covered by such exemption certificate. BUYER agrees to promptly reimburse SEUER for the taxes paid. Because of possible changes and variations In the completion of the Contract, the actual tax will be calculated pursuant to applicable state Law and assessed upon completion of thls project, unless state law Requires the tax to be collected on a perlodic basis. Total: Unit Price $32,629 $25,327 $24,044 $5,100 $2,641 $89,741 Note: Offered bridge is presently in inventory and contains the following: 1 -1nlerior wall panel color is: Wilson Art "White Nebula'' ALTERNATE MANUFACTURED {INVENTORIED) BRIDGE Provide (I) previously manufactured A2 65/99 (OG39132-Manufactured 2000) for installation a1 gate 2 Price $176,049 2-Interior ceiling: 8" plank type I 7 I IT IONS OF SAL~ o:\pricing\rolf\rehab dept 2007\2007 quoles\2007 quotes\9358-baug-ags doc Attachment number 1 Page 1 of 2 Item # 15 Lead Time on Equipment (Previously manufactured Passenger Boarding Bridge): Availability of equipment to shlP is estimated @ about 6 to 7 weeks after receipt of fully executed Contract or I Purchase Order. The timing Is assuming that existing interior as noted above Is acceptable to the Buyer and that terminal elevation is verified. I Important Notification Re: Alternate -Manufactured (Inventoried) A2 65199 Passenger Boarding Bridge FMC Technologies has a limited quantity of A2 65/99 bridges in stock for the quoted price. The A2 65/99 bridge quote is valid only while stock lasts and once the existing stock has been depleted, the option is null and void The pricing is valid for a quantity of one (1) bridge, subject to availability of stock. FMC Technologies reserves the right to increase 1 pricing for any subsequent purchases of A2 65199 bridges 3-Operational control is "PLC" 4-AC Horizonhl drive 5-Exterior color is: "Arctic While" 6-Commuter "CEn floor assembly for CRJ1ER.J wIPlug door "only" Note: Aircraft Mix - CRI, EFU (plug door type only), MD-SO, MD-90,727 & 737 series aircrnR lnstaIl Remanufactured A2 65/99 at gate 2 or 6. Freight (estimated - Billed @Actual): Tax Note: Tile BUYE.R is responsible for payment to the SEL.1.E of any salesluse or other similar type taxes imposed on this sale. Based on the tax rate in effect on the date of this Proposed Change Order, state and local salesluse tax at 7% must be added to Materials-Freight SELLER will accept a valid exemption certificate Bom BUYER if applicable; however,.if an exemption certificate previously accepted is not recognized by the governmental laxing authority involved, and SELLER is required to pay the tax covered by such exemption certificate, BUYER agrees to promptly reimburse SELER for the taxes paid. Because of possible changes and variations in the completion of the Contract, the actual tax will be calculated pursuant to applicable state Law and assessed upon completion of this project, unless slate law Requires the tax to be callected on a periodic basis. Total: PHIS QUOTATION IS MADE SUBJECT TO THE ATTACHED CONDITIONS OF SAL~ o:\pricing\rolf\rehab dept 2007\2007 quotes\2007 quotes\9358-baug-ags.doc $21,283 $14,300 $13,324 $224,956 Attachment number 1 Page 2 of 2 Item # 15 CommissionMeetingAgenda 7/10/20072:00PM AlcoholLicenseApplication-Brinson Department:ClerkofCommission caption2:NewApplication:A.N.07-33:ArequestbyGlenn J. BrinsonforanonpremiseconsumptionLiquor,Beer and Winelicensetobeusedinconnectionwith209Musi c Loungelocatedat#48thStreet.TherewillbeDan ce. District1.SuperDistrict9. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 16 Attachment number 1 Page 1 of 4 Item # 16 Attachment number 1 Page 2 of 4 Item # 16 Attachment number 1 Page 3 of 4 Item # 16 Attachment number 1 Page 4 of 4 Item # 16 CommissionMeetingAgenda 7/10/20072:00PM AlcoholLicenseApplication-Kim Department:ClerkofCommission caption2:NewOwnershipApplication:A.N.07-36:Arequest by HyungJ.KimforaretailpackageLiquor,Beerand Wine licensetobeusedinconnectionwithHarban'sWine and Spiritslocatedat214BoyScoutRd.District7.Super District10. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 17 Attachment number 1 Page 1 of 4 Item # 17 Attachment number 1 Page 2 of 4 Item # 17 Attachment number 1 Page 3 of 4 Item # 17 Attachment number 1 Page 4 of 4 Item # 17 CommissionMeetingAgenda 7/10/20072:00PM AlcoholLicenseApplication-Miles Department:ClerkofCommission caption2:NewOwnershipApplication:A.N.07-31:Arequest by RobertL.MilesforaretailpackageBeerlicenset obeused inconnectionwithCumbee'slocatedat4628MikePa dgett Hwy.District8.SuperDistrict10. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 18 Attachment number 1 Page 1 of 4 Item # 18 Attachment number 1 Page 2 of 4 Item # 18 Attachment number 1 Page 3 of 4 Item # 18 Attachment number 1 Page 4 of 4 Item # 18 CommissionMeetingAgenda 7/10/20072:00PM AlcoholLicenseApplication-Tyree Department:ClerkofCommission caption2:NewOwnershipApplication:A.N.07-32:Arequest by VictoriaB.TyreeforanonpremiseconsumptionLiq uor, BeerandWinelicensetobeusedinconnectionwith Coyotes locatedat2512PeachOrchardRd.TherewillbeDa nce. District2.SuperDistrict9. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 19 Attachment number 1 Page 1 of 4 Item # 19 Attachment number 1 Page 2 of 4 Item # 19 Attachment number 1 Page 3 of 4 Item # 19 Attachment number 1 Page 4 of 4 Item # 19 CommissionMeetingAgenda 7/10/20072:00PM AlcoholLicenseApplication-Williamson Department:ClerkofCommission caption2:NewApplication:A.N.07-34:ArequestbyWillia mE. WilliamsonforaretailpackageBeerlicensetobe usedin connectionwithBroadSt.Tobaccolocatedat2006B road St.District1.SuperDistrict9. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 20 Attachment number 1 Page 1 of 4 Item # 20 Attachment number 1 Page 2 of 4 Item # 20 Attachment number 1 Page 3 of 4 Item # 20 Attachment number 1 Page 4 of 4 Item # 20 CommissionMeetingAgenda 7/10/20072:00PM AlcoholLicenseApplication-Williamson8thSt. Department:ClerkofCommission caption2:NewApplication:A.N.07-35:ArequestbyWillia mE. WilliamsonforaretailpackageBeerlicensetobe usedin connectionwith8thSt.Tobaccolocatedat2308th St. District1.SuperDistrict9. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 21 Attachment number 1 Page 1 of 4 Item # 21 Attachment number 1 Page 2 of 4 Item # 21 Attachment number 1 Page 3 of 4 Item # 21 Attachment number 1 Page 4 of 4 Item # 21 CommissionMeetingAgenda 7/10/20072:00PM AlcoholLicenseApplication-Young Department:ClerkofCommission caption2:Discussion:ArequestbyJamesC.YoungforaSund ay SalesLicensetobeusedinconnectionwithCuz'sP lace locatedat1979TobaccoRd.TherewillbeSundayS ales. District6.SuperDistrict10. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 22 Attachment number 1 Page 1 of 5 Item # 22 Attachment number 1 Page 2 of 5 Item # 22 Attachment number 1 Page 3 of 5 Item # 22 Attachment number 1 Page 4 of 5 Item # 22 Attachment number 1 Page 5 of 5 Item # 22 CommissionMeetingAgenda 7/10/20072:00PM FAATentativeAllocationforFY2007 Department:DanielFieldAirport caption2:AccepttentativeallocationfromFAAintheamount of $300,000.00andamendtheairport2007budgetandc apital accounttoreflectthismoney. Background:TheCityofAugustahasreceivedandacceptedgrant sfrom theFAAforDanielFieldthroughtheAirportImprov ement Program. Analysis:Thisgrantmoneywillbeusedtoinstallnewsecuri tyfencing, replacerunwaylights,andinstallnewairfieldgui dance signs. FinancialImpact:FAAgrantspay90%ofthecostoftheprojects. Alternatives:None. Recommendation:AcceptFAATentativeAllocationandamend2007budg et Fundsare Availableinthe Following Accounts: 552-08-1201-5412110 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 23 Cover Memo Item # 23 U.S. Department of Transportation Federal Aviation Administration Atlanta Airports District Office Campus Building 1701 Columbia Avenue, Suite 2-260 College Park, Georgia 30337-2747 (404) 305-71 50 FAX: (404) 305-71 55 June 19,2007 The Honorable Bob Young Mayor of Augusta Room 806, Municipal Building 530 Greene Street Augusta, Georgia 3091 1 Dear Mayor Young: We are pleased, to approve a tentative allocation of $300,000 under the Fiscal Year 2007 Airport Improvement Program for the following development on Daniel Field: Rehabilitate Runway 5/23 Lighting; Install Perimeter Fencing Install Airfield Guidance Signes; Except for project formulation costs, such as planning, engineering and land acquisition, costs incurred prior to the signing of a grant agreement may not be eligible for federal funds. Mr. Chuck Garrison from this office will soon meet with Mr. Willis Boshears to provide assistance in meeting the various federal requirements for issuance of the grant agreement. Please contact our Civil Rights staff at (404) 305-5250 to ensure that the city of Augusta complies with 49 CFR Part 26, "Participation by Disadvantaged Business Enterprise in Department of Transportation Programs." We look forward to participating in this important project. Sincerely, Original Signed By SCOTT L. SERITT Scott L. Seritt Manager xi. Willis Boshears. Augusta Regional W.K. Dickson GA DOT, Office of lntermodal Programs Attachment number 1 Page 1 of 1 Item # 23 CommissionMeetingAgenda 7/10/20072:00PM JamesRamsey Department:ClerkofCommission caption2:PresentationbyMr.JamesRamseyregardingtaxicab requirements. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 24 Attachment number 1 Page 1 of 3 Item # 24 Attachment number 1 Page 2 of 3 Item # 24 Attachment number 1 Page 3 of 3 Item # 24 CommissionMeetingAgenda 7/10/20072:00PM WorkAuthorizationforProfessionalServices Department:DanielFieldAirport caption2:ApproveWorkAuthorizationforProfessionalServic esin theamountof$40,196.00fromW.K.Dickson. Background:TheDanielFieldAirporthasreceivedFAAgrantsfo rairport improvementprojectsattheairport.Projectsincl udenew runwaylightsandairfieldsignage.Italsoprovid essecurity fencingaroundtheperimeteroftheairport. Analysis:W.K.Dickson&Co.,Inc.providesEngineeringand ArchitecturalServicestotheairport.ThisWork Authorizationprovidesforthedesign,bidding,and constructionmanagementservicesfortheseprojects . FinancialImpact:TheFAAgrantpays90%ofthecostofthiswork authorization. Alternatives:None. Recommendation:ApprovethisworkauthorizationsubmittedbyW.K. Dickson&Co.,Inc. Fundsare Availableinthe Following Accounts: 552-08-1201-5412110 REVIEWEDANDAPPROVEDBY : Finance. Cover Memo Item # 25 Administrator. ClerkofCommission Cover Memo Item # 25 U.S. Department of Transportation Federal Aviation Administration Atlanta Airports District Office Campus Building 1701 Columbia Avenue, Suite 2-260 College Park, Georgia 30337-2747 (404) 305-71 50 FAX: (404) 305-71 55 June 19,2007 The Honorable Bob Young Mayor of Augusta Room 806, Municipal Building 530 Greene Street Augusta, Georgia 3091 1 Dear Mayor Young: We are pleased, to approve a tentative allocation of $300,000 under the Fiscal Year 2007 Airport Improvement Program for the following development on Daniel Field: Rehabilitate Runway 5/23 Lighting; Install Perimeter Fencing Install Airfield Guidance Signes; Except for project formulation costs, such as planning, engineering and land acquisition, costs incurred prior to the signing of a grant agreement may not be eligible for federal funds. Mr. Chuck Garrison from this office will soon meet with Mr. Willis Boshears to provide assistance in meeting the various federal requirements for issuance of the grant agreement. Please contact our Civil Rights staff at (404) 305-5250 to ensure that the city of Augusta complies with 49 CFR Part 26, "Participation by Disadvantaged Business Enterprise in Department of Transportation Programs." We look forward to participating in this important project. Sincerely, Original Signed By SCOTT L. SERITT Scott L. Seritt Manager xi. Willis Boshears. Augusta Regional W.K. Dickson GA DOT, Office of lntermodal Programs Attachment number 1 Page 1 of 3 Item # 25 Task Order 2007-3 WORK AUTHORIZATION FOR PROFESSIONAL SERVICES Augustfichmond County, Georgia Daniel Field 2007-3 (Project Ident. No.) (AIP Project No.) (Task Order No.) It is agreed to undertake the following work in accordance with the provisions of our Agreement for Professional Services. Description of Assignment: The proposed project is described as follows: A. The scope of work under th~s agreement includes the following projects: Replace Perimiter Security Fencing and Rehabilitate Existing Airfield Signage and Runway Edge Lighting Fixtures for runway 5-23. These projects will include design, bidding and construction phase services. B. The following services are to be performed: 1. Basic Services: a) Design, Bidding, and Construction Phase Services in accordance with Exhibit "C" of the Prime Agreement. The projects are expected to be let as one (1) prime construction contract package. 2. Special Services: a) Re~roduction of Bidding Documents: During the bidding phase, the CONSULTANT will provide bidding and other documents to potential bidders and as required for execution of the construction contract. b) Resident Inspection: Provide full-time resident observation services during construction. The duties, responsibilities and limitations of authority of the CONSULTANT'S resident Project Representative are as described in the Prime Agreement. Period of Services: A. Design Phase: Upon OWNER'S approval of this Work Authorization, Design Phase services will commence immediately. Bidding documents will be ready to advertise for bids within 60 days. B. Bidding Phase: Bidding Phase services will be initiated immediately after OWNER approval to advertise for bids. C. Construction Phase: Attachment number 1 Page 2 of 3 Item # 25 Task Order 2007-3 Page 2 of 2 Construction Phase services will begin immediately upon execution of construction contracts by the OWNER and continue through construction of the project. The estimated time period for construction is 45 days, subject to material delivery. D. Services required beyond the above estimated time fiames due to delays in obtaining agency approvals, extension of construction time, defective work by the contractor, or to other causes beyond the CONSULTANT'S control may require additional compensation with an amendment to this WORK AUTHORIZATION. Basis of Com~ensation A. Basic Services: 1. As compensation for providing the Design Phase Services described above, The Owner shall pay the engineer the lump sum fee of Nineteen Thousand Two Hundred Sixteen Dollars ($19,216.00). 2. As compensation for providing the Bidding Phase Services described above, The Owner shall pay the engineer the lump sum fee of Three Thousand Dollars ($3,000.00). 3. As compensation for providing the Construction Phase Services described above, The Owner shall pay the engineer the lump sum fee of Three Thousand Dollars ($3,000.00). 4. Invoices shall be submitted monthly based on the percentage of work actually completed during that month. The Owner shall pay invoices within 30 days of receipt. B. S~ecial Services: 1. As compensation for providing the document printing services described above, the Owner shall pay the Engineer the lump sum fee of Seven Hundred Dollars ($700.00). 2. Resident Re~resentative: As compensation for providing Resident Representative Services, the Owner shall pay the Engineer on an hourly basis. The estimated cost of these services is Fourteen Thousand Two Hundred Eighty Dollars ($14,280.00) Agreed as to scope of services, period of services and budget: * Approved for: Augusta/Richmond County For: W. K. Dickson & Co., Inc. Date: Date: * Budget will not be exceeded without a Supplemental Work Authorization. Attachment number 1 Page 3 of 3 Item # 25 CommissionMeetingAgenda 7/10/20072:00PM HCDAuthorizationProcedure Department:Housing&CommunityDevelopmentDepartment caption2:ConsiderProposedProcedureforAuthorizationof Agreements/ContractsfortheHousingandCommunity DevelopmentDepartment. Background: EachyeartheCityreceivesCommunityDevelopment Block Grant(CDBG),EmergencyShelterGrant(ESG),HOME InvestmentPartnerships(HOME)andHousingOpportun ities forPersonswithAIDS(HOPWA)fundsfromHUD.These fundsareusedtofundagenciesandprojectstoass istlow incomepersonsandrevitalizelowincomeneighborho ods. TheHousingandCommunityDevelopment(HCD) Departmentannuallysolicitsforproposalsfromage nciesand developsCDBG,ESG,HOMEandHOPWAbudgetswhich areincorporatedintotheCity’sAnnualActionPlan .For Year2007,theActionPlancontainssixty-one(61) projects.Tocarryouttheseprojects,HUDrequires theCity tohaveagreementswiththeagencies.Inaddition,ifaproject involvesconstruction,aconstructioncontractisr equired also.Gettingtheseagreementsandcontractsexecut edbyall partiesistimeconsumingandpreventsHCDfrom proceedingwiththeprojectsandexpendingthefund sina timelymanner.Asyouareaware,HUDreviewsour spenddownoffundseachSeptember30.Tofacilit atethe executionofagreements/contractsprocess,wearep roposing thefollowingAgreement/ContractExecutionProcedur efor theHousingandCommunityDevelopmentDepartment: OncetheConsolidatedPlan/AnnualActionPlanisap proved byCommission:Mayorwillbegivenauthorization to executeallnecessaryGrantAgreementsrelativeto the approvedConsolidatedPlan/AnnualActionPlanasre quired byHUD;TheMayor,CityAdministratorandDirecto rof HCDwillbegivenauthorizationtoexecuteallthe necessary agencygrantagreementsandconstructioncontracts required toimplementtheConsolidatedPlan/AnnualActionPl anas Cover Memo Item # 26 approvedbytheCommission.Alldocumentsothertha t FormsHUD-7082,andHUD-40093mustrequiresignatur es byall(3)parties.AllAugusta-RichmondCountyBid ding Policieswillbecompliedwithandacknowledgement given bytheDirectorofProcurement;andAnyconstru ction contractthathasafundingsourcenotfundedbyHU D requiresCommissionapproval. Analysis:Thecurrentprocedurerequiresallagreementsandc ontracts tobeapprovedbytheCommissionandexecutedbyth e Mayor.ThisproposedprocedurewillallowtheCommi ssion toapproveprojectsintheAnnualActionPlanandd elegate theauthoritytoexecutethecontractstotheMayor ,City AdministratorandHCDDirector. FinancialImpact:Approvaloftheproposedprocedurewillfacilitate the expenditureoffundsinatimelymanner. Alternatives:Nonerecommended Recommendation:ApproveNewProcedureforAuthorizationof Agreements/ContractsfortheHousingandCommunity DevelopmentDepartment Fundsare Availableinthe Following Accounts: HUD:CDBG,ESG,HOME&HOPWAfunds REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 26 CommissionMeetingAgenda 7/10/20072:00PM ReprogramCDBG,ESG,HOME&HOPWAFunds Department:Housing&CommunityDevelopmentDepartment caption2:ConsidertheReprogrammingof$1,032,392.14inCDBG, HOME,ESGandHOPWAFundsandChangetheScopeof ServicesfortheBoysClubandAugustaMiniTheatre Projects. Background: OnMay29,2007,staffpresentedtoAdministrative Services Committeeasadiscussionitem,thereprogrammingo f $422,518.70inCDBG,$12,671.48inESG,$82,246.26 in HOPWAand$514,955.70inHOMEfunds.Thepurposefo r thereprogrammingoffundsistoacceleratetheexp enditure offundssotheCitywillbetimelyinexpendingit sfundsby September30,2007.Undertheprovisionsof24CF R 570.902oftheCDBGregulations,agranteeisconsi deredto betimely,if60dayspriortotheendofthegran tee’s programyear,thebalanceinitsline-of-creditdoe snot exceed1.5timestheannualgrant.However,ifthe amountof fundsintheline-of-creditexceeds1.5timesthee ntitlement grantamountforitscurrentprogramyear,thenthe granteeis outofcompliancewiththeregulations.The60-day test periodstartsAugust1,2007andendsSeptember30,2007.If theCityfailstomeetthe1.5standardbySeptembe r30, 2007,HUDwillreducethenextgrant(2008)by100%ofthe amountinexcessof1.5.Todate,wehave$5,334,65 5inour CDBGline-of-credit,$1,858,178mustbeexpendedby September30,2007,tobeincompliance.IfCommiss ion approvestheattachedlistofreprogrammedfunds,w e anticipate$2,577,272canbeexpendedbySeptember 30, 2007.InaccordancewithHUDrequirementsandthe City’s CitizenParticipationPolicy,anysubstantialchang estothe ConsolidatedPlanmustbepresentedtothepublicf ora30- daycommentperiod.Ifcommentsarereceived,they mustbe presentedtotheCommissionforaction.OnMay29 ,2007, aPublicNoticewaspublishedsolicitingcommentsf romthe public.Asaresultofthatpublication,wedidnot receiveany Cover Memo Item # 27 comments. Analysis:Reprogrammingofthesefundswillallowthedepartm entto acceleratetheexpenditureoffundstopreventnon- complianceoftheCDBGregulations. FinancialImpact:Thisreprogrammingoffundsisareallocationofex isting funds.Nonewfundsareinvolved. Alternatives:Nonerecommended. Recommendation:ApprovetheReprogrammingof$1,032,392.14inCDBG, HOME,ESGandHOPWAFundsandChangetheScopeof ServicesfortheBoysClubandAugustaMiniTheatre Projects Fundsare Availableinthe Following Accounts: Fundsareintheprojectaccountsontheattachedl ist. REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 27 Reprogram Att 7-10-07 1 REPROGRAM CDBG FUNDS - $422,518.70 FROM AMOUNT $’S TO AMOUNT $’S Augusta Neighborhood Improvement Corp 150,820.57 30901 Clinic Improvements 175,000 Augusta Task Force for the Homeless ‘05 4,944.38 Clearance/Demolition (L & I) 137,518.70 Augusta Task Force for the Homeless ‘06 227.00 Downpayment Assistance 35,000 Augusta Task Force for the Homeless ‘07 15,809.01 May Park Improvements 50,000 Augusta Youth Center R-06 6,009.87 Promise Land – Housing Counseling 25,000 Augusta Youth Center ‘06 23,441.61 Boys & Girls Club ‘05 3,279.30 CSRA Business League 16,288.48 Carrie Mays Park Acquisition 96,742 Doughty Park Acquisition 28,736.00 Housing Authority-Little World of Learning 20,000.00 Miracle Making ‘06 410.94 New Bethlehem Center ‘06 41.25 Ombudsman 14,308.63 Savannah Place ‘04 .60 Southside Community Outreach ‘06 .85 Neighborhood Matching Grant ‘98 92.96 Neighborhood Matching Grant ‘97 4,059.48 McDuffie Woods Park 37,305.77 TOTAL $422,518.70 TOTAL $422,518.70 ESG FUNDS - $12,671.48 FROM AMOUNT $’S TO AMOUNT $’S Augusta Task Force for Homeless ‘05 472.64 ESG Administration ‘06 940.00 Augusta Task Force for Homeless ‘07 6,000 Hope House for Women 11,731.48 Safe Homes ‘05 89.84 Unobligated 6,109 TOTAL $12,671.48 TOTAL $12,671.48 HOPWA FUNDS - $82,246.26 FROM AMOUNT $’S TO AMOUNT $’S HOPWA Resource Identification – 2005 $24,322.26 St. Stephens Ministry Imp 82,246.26 HOPWA Resource Identification – 2006 $27,924.00 HOPWA Resource Identification – 2007 $30,000.00 TOTAL $82,246.26 TOTAL $82,246.26 HOME FUNDS - $514,955.70 FROM AMOUNT $’S TO AMOUNT $’S 30901 Development Corporation- Faithview ‘03 75,351.90 Antioch Ministries - New Construction (50% loan) 140,000 30901 Development Corp – Wrightsboro Rd ‘05 40,000.00 Promise Land - Rehabilitation (50% loan) 140,000 Laney-Walker Development Corp. ‘02 213,821.80 ANIC – Rehab/Demo-rehab) 100,000 Laney-Walker Development Corp’03 185,782.00 East Augusta – New Construction (50% loan) 134,955.70 TOTAL $514,955.70 TOTAL $514,955.70 Attachment number 1 Page 1 of 2 Item # 27 Reprogram Att 7-10-07 2 ALSO, A CHANGE IN SCOPE OF WORK FOR THE FOLLOWING PROJECTS IS BEING PROPOSED: Boys & Girls Club Improvements ‘05 ($25,000) - Scope of project being changed from Roof Replacement to interior improvements to bathrooms, electrical, HVAC and Kitchen. Augusta Mini Theatre ’07 ($50,000) – Scope of work being changed from demolition of structure which was to be used for parking to costs related to construction of the Arts Theatre. Attachment number 1 Page 2 of 2 Item # 27 CommissionMeetingAgenda 7/10/20072:00PM RFQ#07-115ComprehensiveDisparityStudy Department:DisadvantagedBusinessEnterprise caption2:ApproveawardofthecontractRFQ#07-115Comprehen sive DisparityStudytoNERAintheamountof$598,113. Background:Thedepartmentreceivedandreviewedtheproposals forthe ComprehensiveDisparityStudyRFQ#07-115.Basedo nthe procurementpolicyandprocedures;anevaluationco mmittee wasestablishedtoreviewandinterviewthemostqu alified vendorssubmittingaproposal.Theevaluationcomm ittee consistsofmembersoftheAugusta-RichmondCounty staff; CityAttorneyandseveralmembersoftheAugusta- RichmondCountyCitizen'sSmallBusinessAdvisoryB oard. TheevaluationcommitteeselectedandinterviewedN ERA andMGTonMay31,2007.Presentationsweremade by bothvendors.Basedontheevaluationfactor,the proposal andpresentationtheevaluationcommitteeunanimous ly selectedNERA.Theevaluationcommitteedecisionw as basedonthequalificationsofthefirmandnotthe lowest competitivepriceoftheproject. Analysis:Theevaluationcommitteeagreedthiscompanywould bethe mostadvantageoustocompletingAugusta-RichmondCounty ComprehensiveDisparityStudy. FinancialImpact:Thecontractamountis$598,113.Afundingsourceh asnot beenidentified. Alternatives:(1)ApproveawardofthecontractforRFQ#07-115toNERA intheamountof$598,113.(2)Donotapprove Recommendation:Approve Cover Memo Item # 28 Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 28 Attachment number 1 Page 1 of 1 Item # 28 Attachment number 2 Page 1 of 1 Item # 28 Attachment number 3 Page 1 of 4 Item # 28 Attachment number 3 Page 2 of 4 Item # 28 Attachment number 3 Page 3 of 4 Item # 28 Item # 28 Attachment number 4 Page 1 of 2 Item # 28 Attachment number 4 Page 2 of 2 Item # 28 CommissionMeetingAgenda 7/10/20072:00PM FireDepartmentAVLProject Department:FireDepartment,HowardWillis,Chief caption2:ApprovetheFireDepartmenttoacquireandimplemen t softwareandhardwareforacomputerizedAutomatic VehicleLocationsystem(AVL). Background: TheFireDepartmentvehiclescurrentlyhavenometh odfor vehicletracking.ThisisproblematicfortheE911 Dispatch Centeremployeeswhenhandlingemergencyfireservi ce calls.Theproposedsystemwillallowthedispatc hersto view,inareal-timemode,thepreciselocationofa ll equippedfirevehicles.Thissystemwillalsoenabl efire personnelinthevehiclestoviewdetailedmapssho wingthe incidentlocation,theircurrentvehiclelocation,a ndthe recommendedroute.Thiswillpermitmoreefficiency and accountabilityforthedispatchers,andafasterre sponsetime forthefirevehicles.Thiswillenhancetheabilit yoftheFire Departmenttoprovideahigherlevelofemergencys upport tothepublic. Analysis:InorderfortheFireDepartmenttoimplementtheA VL solution,theywillpurchasehardware,softwareand services fromMotorolaandNewWorldSystemstobeusedin conjunctionwiththeexistinginfrastructureformo biledata servicesandpublicsafetycommunications. FinancialImpact:Thisprojectwillcost$239,662.00.Thefundsfort hisproject areavailableandallocatedintheFireDepartment’s2007 budget. Alternatives:None.Thereisnopracticalalternativeforthedis patch operatorsandthefirepersonneltodeterminethel ocationof eachvehicle,eachincident,recommendedroutes,an d Cover Memo Item # 29 completeroadlayermaps. Recommendation:ApprovetheAutomaticVehicleLocationsystem(AVL) project. Fundsare Availableinthe Following Accounts: 274-03-411053.11915 REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 29 Attachment number 1 Page 1 of 1 Item # 29 Attachment number 1 Page 1 of 1 Item # 29 Attachment number 1 Page 1 of 1 Item # 29 Attachment number 1 Page 1 of 1 Item # 29 Attachment number 1 Page 1 of 1 Item # 29 Attachment number 1 Page 1 of 1 Item # 29 Attachment number 1 Page 1 of 1 Item # 29 CommissionMeetingAgenda 7/10/20072:00PM Motiontoapproveamendmenttoarchitect'scontract forexpansionoftheWebsterDetention Center Department:RichmondCountySheriff'sOffice caption2:MotiontoapproveAmendmentNo.1toKSGWArchitect s’ DesignConsultantContractforExpansionoftheWeb ster DetentionCenter. Background:Thedesignofthejailexpansioncommencedunderth e assumptionthattheprojectwouldconsistof3new housing pods.Inworkingwiththearchitectsduringthepro gramming andmasterplanningstageoftheproject,theRCSO decided thatthelongrangebenefits,inconsiderationoft he operationalcostbenefits,ofinsteadbuildingone ortwonew housingpods,plusanewMedicalMentalHealthFaci lity (MMHF)andVideoVisitationFacility(VVF)outweigh ed theimmediateneedforthreenewhousingpods.In accordancewiththewishesoftheRCSOandtheARC Administrator,theArchitect’sSchematicDesigndra wings havebeencompletedbasedontheadditionoftwoho using pods,thenewMMHF(whichreplacestheexistingMMH Fat theLEC),andthenewVVF.Followingcostestimatin gand valueengineeringexercises,bybothCIPMandthea rchitect, ithasbeendeterminedthatthetotalfundingrequi redforthis buildingprogramisapproximately$6.5Mmorethani s presentlyallocatedfortheproject. Analysis:ThelongrangegoalofCountyOfficialsistoclose the problematicLawEnforcementCenter(LEC),andconso lidate detentionoperationsattheWebsterDetentionCente r (WDC).Iftheoriginalconceptofbuilding3newho using podsisinsteadpursued,75%ofthebedswillbeat theWDC, whiletheundersized,existingMMHFwillbeatthe LEC. Thiswouldresultinexcessiveandcostlyprisoner transport betweentheLECandtheWDC.Itwasthusagreedbet ween theRCSO,theAdministratorandCIPMthattheinclu sionof anewMMHFattheWDCshouldbeapriority.Itwill be Cover Memo Item # 30 designedwithenoughfuturegrowthbuilt-intomeet the needsoftheCounty’smedical/mentaldetentionneedsforthe next20years.Anotherrevisiontotheinitialconc epthas beentheplannedadoptionofremote,video-basedvi sitation betweenprisonersandvisitors.Byusingvideovisi tation equipment,theneedtoescortvisitorsthroughthe jailand intothehousingpodswillbeeliminated.Visitors willinstead utilizededicatedvideoequipmentboothsinthenew VVF (locatedadjacenttotheWDC),whichwillbelinked to correspondingvideoboothsineachofthedayrooms within thehousingpods.Thiswilleliminatetheneedtob uildthe extensive,secondfloorvisitorcorridors,andgrea tlyreduce thedemandforcorrectionsofficerstoprovideesco rts throughtheDetentionCenter.Itwillalsoreducet he opportunitiesforexchangeofcontraband.Becauseo fthe priorityplacedonthenewMMHFandVVFbuildings,the numberofhousingpodswillhavetobereduced,unl essmore fundingbecomesavailable.Itisthereforethejoin t recommendationoftheSheriff,AdministratorandCI PM,to developarchitecturaldrawingsthatprovidethefle xibility, through“additivealternates,”toacceptconstructi onbidsfor twooptions:•OptionA:BaseBidconsistingof1n ew housingpod,thenewMedical/MentalUnit,andthen ew VideoVisitationBuildingandsystems;and•Option B:Base BidplusAdditiveAlternate,whichwouldprovideev erything notedinOptionA,plusanadditionalhousingpod.Both optionswouldincludenecessaryupgradestoexistin gkitchen andlaundryfacilities.Siteworkwillalsolaythe groundwork forfutureexpansions.Bothoptionswillsignifican tly improveoperationalefficienciesassociatedwithvi sitation andmedicalservices,asdesiredbytheRCSO.Theb idding flexibilityisexpectedtoresultinaBaseBidsco peofwork thatfallswithintheavailablefunds.TheAdditive Alternate bidisexpectedtoprovidetheCommissionwiththe optionof fundingtheadditionalhousingpod,oncebidsarer eceived andevaluated,inearly2008.Inordertopursueth is approach,anamendmenttothearchitect’scontractw illbe necessary,therebyincreasingtheirfees.Thisisb ecausethey willineffectbedesigninga$32.5M(construction cost) facility,asopposedtotheoriginalbudgetof$27M FinancialImpact:Theamountofadditionalarchitecturalfeesis$321 ,000.The overallarchitecturalfeewillincreasefrom$2,218 ,475to $2,539,475. Alternatives:1.Eliminateoptionofaddingthesecondhousingpo d,and instructarchitecttodesigntocurrentbudget,whi chwilladd Cover Memo Item # 30 onlythenewMMHF,VVFandasinglehousingpod.2. Increasetheoverallprojectbudgetto$42.5Mandt hereby eliminatetheoptionofthesingle-podprogram.3.Returnto originalconceptofthreenewhousingpods. Recommendation:ApproveAmendmentNo.1toKSGWArchitects’Design ConsultantContractforExpansionoftheWebsterDe tention Center.Alternatives1and2willeliminatefunding and strategicplanningflexibility.Alternative3will resultin significantoperationalinefficienciesthatwillpe rsistfor years,untilthenextroundofexpansionsoccur. Fundsare Availableinthe Following Accounts: FUNDSAREAVAILABLEINACCOUNT:GL–325-05- 1130/206351101 REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 30 ARCH-LS.PM 7/31/92 A1 AMENDMENT NO. 1 TO AMENDMENT NO. 1 TO AMENDMENT NO. 1 TO AMENDMENT NO. 1 TO AGREEMENT FORAGREEMENT FORAGREEMENT FORAGREEMENT FOR DESIGN CONSULTANT SERVICESDESIGN CONSULTANT SERVICESDESIGN CONSULTANT SERVICESDESIGN CONSULTANT SERVICES WHEREAS an AGREEMENT for professional services was made, dated 2nd day of November, 2006, BETWEEN the Owner: Augusta, Georgia, a political subdivision of the State of Georgia, acting by and through the Richmond County Commission; and the Design Consultant: KSGW Architects, LLC, for Professional Services known as: Architectural Design Services for Expansion of the Webster Detention Center, Augusta Richmond County, Georgia; and WHEREAS the parties to this AGREEMENT further agree that said AGREEMENT should be modified to reflect the mutual desires of the Owner and Design Consultant to facilitate an increase in the scope of the project, utilizing additive alternate bidding documents, as described herein; and WHEREAS, the parties to said AGREEMENT desire to amend the following documents incorporated into the Agreement, to wit: ARTICLE 3 – BASIC SERVICES ARTICLE 4 – COMPENSATION EXHIBIT A – DESIGN AND CONSTRUCTION BUDGET EXHIBIT B – MASTER SCHEDULE & CRITICAL DATE SCHEDULE EXHIBIT C – SCOPE OF SERVICES; Now, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows: 1. ARTICLE 3 – BASIC SERVICES, is hereby amended and attached to and made a part of this AGREEMENT and designated as ARTICLE 3 – BASIC SERVICES - AMENDMENT 1. Attachment number 1 Page 1 of 18 Item # 30 ARCH-LS.PM 7/31/92 A2 2. ARTICLE 4 – COMPENSATION, is hereby amended and attached to and made a part of this AGREEMENT and designated as ARTICLE 4 – COMPENSATION - AMENDMENT 1. 3. EXHIBIT A – DESIGN AND CONSTRUCTION BUDGET, is hereby amended and attached to and made a part of this AGREEMENT and designated as EXHIBIT A – DESIGN AND CONSTRUCTION BUDGET - AMENDMENT 1. 4. EXHIBIT B – MASTER SCHEDULE & CRITICAL DATE SCHEDULE, is hereby amended and attached to and made a part of this AGREEMENT and designated as EXHIBIT B – MASTER SCHEDULE & CRITICAL DATE SCHEDULE - AMENDMENT 1. 5. EXHIBIT C – SCOPE OF SERVICES, is hereby amended and attached to and made a part of this AGREEMENT and designated as EXHIBIT C – SCOPE OF SERVICES - AMENDMENT 1. 6. All other terms and conditions of the AGREEMENT not specifically amended herein shall remain in full force and effect. This amended AGREEMENT, together with referenced Exhibits A, B, C and D, constitutes the entire agreement between the Owner and Design Consultant and supersedes all prior written or oral understandings. This AGREEMENT and said Exhibits may only be amended, supplemented, modified or canceled by a duly executed written instrument. This AGREEMENT and said Exhibits shall hereafter be referred to as the AGREEMENT. Attachment number 1 Page 2 of 18 Item # 30 ARCH-LS.PM 7/31/92 A3 In WTINESS WHEREOF, the parties hereto have made and executed this AGREEMENT as of the date noted. OWNER DESIGN CONSULTANT Augusta, Georgia, a politicalAugusta, Georgia, a politicalAugusta, Georgia, a politicalAugusta, Georgia, a political KSGW Architects, LLCKSGW Architects, LLCKSGW Architects, LLCKSGW Architects, LLC Subdivision of the State of GeorgiaSubdivision of the State of GeorgiaSubdivision of the State of GeorgiaSubdivision of the State of Georgia Acting by and through theActing by and through theActing by and through theActing by and through the Augusta Richmond CountyAugusta Richmond CountyAugusta Richmond CountyAugusta Richmond County Commission Commission Commission Commission By: ______________________________ By:________________________________ Deke S. Copenhaver Gregory Washington Mayor Principal Attest:___________________________ Attest:_____________________________ Clerk Witness Attachment number 1 Page 3 of 18 Item # 30 ARCH-LS.PM 7/31/92 A4 ARTICLES 1ARTICLES 1ARTICLES 1ARTICLES 1----2222 No changes. ARTICLE 3ARTICLE 3ARTICLE 3ARTICLE 3 BASIC SERVICESBASIC SERVICESBASIC SERVICESBASIC SERVICES 3.1 SCOPE OF SERVICES. No changes. 3.2 DESIGN CONSULTANT'S PROFESSIONAL RESPONSIBILITY AND STANDARD OF CARE. No changes. 3.3 PROJECT REQUIREMENTS. 3.3.1 Attached hereto and made a part of this Agreement as Exhibit "A" is the Design and Construction Budget – Amendment 1, a component of which is the Project Construction Budget. The Project Construction Budget shall be defined as the total cost of constructing the Project, as illustrated in Exhibit "A" hereto. Components of the Project Construction Budget are the Base Bid Construction Contract Award Price, hereinafter referred to as the Base Bid CCAP, and the Base Bid Plus Alternate Contract Award Price, hereinafter refereed to as the Base Bid Plus Alternate CCAP. The Base Bid CCAP and/or the Base Bid Plus Alternate CCAP for this Project, or designated portion thereof, may be modified in writing only in the form of a Design Phase Change Order, executed by the Owner, Construction Program Manager, and Design Consultant. The Design Consultant shall prepare drawings, specifications and other documents necessary, including Additive Alternates, so that the construction contract bid from a responsive, responsible bidding contractor, acceptable to the Owner and the Construction Program Manager, shall be within the Base Bid CCAP. The Design Consultant‘s Additive Alternate Bid Documents, consisting of drawings, specifications and other documents necessary to enable the Owner to receive Alternate Bids for additional work over and beyond the Base Bid scope of work, shall be prepared such that the Base Bid plus Alternate contract bid from a responsive, responsible bidding contractor, acceptable to the Owner and the Construction Program Manager, shall be within the Base Bid Plus Alternate CCAP. 3.3.1.1 During all phases of the Project the Design Consultant shall prepare such estimates as it deems necessary, at no additional cost to the Owner, to assure itself that the estimated Project costs are within the Base Bid CCAP and the Base Bid Plus Alternate CCAP, and shall supply copies of such data, information or estimates as the Owner may require to substantiate the Design Consultant's contention that the Project costs are within the Base Bid CCAP and the Base Bid Plus Alternate CCAP. Attachment number 1 Page 4 of 18 Item # 30 ARCH-LS.PM 7/31/92 A5 3.3.1.2 With each Design Phase submittal and each interim, revision or subsequent design submittal of the Design Consultant to the Owner, the Design Consultant shall make the following statement in writing: "The drawings, specifications, and other documents submitted herewith, in my/our professional opinion, fulfill the Building Program requirements and the work indicated by them may be purchased by the Owner in a construction contract or contracts, the total price of which (Base Bid CCAP) will not exceed $26,600,000.00, and Base Bid Plus Alternate CCAP will not exceed $32,450,000.; (based on bid date of no later than March 15, 2008 ) and may be constructed completely within said contract price and the in-progress contingency fund of 4% of said price. Further, in my/our professional opinion, the above-mentioned documents submitted herewith have been prepared in accordance with the Design Consultant Services Agreement." 3.3.2 The Building Program, which defines the physical and environmental parameters for the Project and establishes the design objectives and criteria, has been developed by the Design Consultant and approved by the Owner. After approval, no deviations from the Program shall be allowed without written approval for change, in the form of a Design Phase Change Order or Contract Amendment executed by the Owner and Design Consultant. 3.3.3 Incorporated herein and made a part of this Amended Agreement by reference as Exhibit "B" is the Project Master Schedule - Amendment 1, which defines the sequence and timing of the design and construction activities. Also included in Exhibit “B” is the Critical Date Schedule, indicating critical dates to be adhered to by the Design Consultant. No deviation from the Master Schedule shall be allowed without written approval for a change in the Master Schedule, in the form of a Design Phase Change Order executed by the Owner, Construction Program Manager and Design Consultant. Should the Owner and Construction Program Manager determine that the Design Consultant is behind schedule, the Design Consultant shall expedite and accelerate its efforts, including additional manpower and/or overtime, to maintain the approved design schedule at no additional cost to the Owner. 3.3.4 The Project includes a separately-bid and constructed early award scope of work, consisting of site clearing and revisions to security fencing, designated as “Phase I- Site Clearing and Fencing.” The Design Consultant shall prepare construction and bidding documents, and perform all other customary architecture and engineering services for this work, in accordance with Articles 3.1 and 3.2 of this AGREEMENT. At the time of execution of Amendment 1 to this AGREEMENT, said early award scope of work had been bid. The cost of the Phase I work shall not be included in the Base Bid CCAP or the Base Bid Plus Alternate CCAP. 3.4 PROJECT CONFERENCES. No changes. Attachment number 1 Page 5 of 18 Item # 30 ARCH-LS.PM 7/31/92 A6 ARTICLE 4ARTICLE 4ARTICLE 4ARTICLE 4 COMPENSATIONCOMPENSATIONCOMPENSATIONCOMPENSATION 4.1 BASIC SERVICES COMPENSATION 4.1.1 The Owner shall compensate the Design Consultant in accordance with the terms and conditions of this Agreement, including the following: 4.1.2 For the Basic Services of the Design Consultant, Basic Services Compensation shall be in the amount of Two Million Five Hundred Thirty-nine Thousand Four Hundred Seventy-Five Dollars ($2,539,475). 4.1.3 The Basic Services Compensation stated in paragraph 4.1.2 includes all compensation and other payments due the Design Consultant (manpower, overhead, profit, direct costs, etc.) in the performance of the Basic Services. 4.2 PAYMENTS TO THE DESIGN CONSULTANT. No changes. 4.3 ADDITIONAL SERVICES COMPENSATION. No changes. 4.4 ACCOUNTING RECORDS. No changes. 4.5 ADDITIONAL COMPENSATION IF ALTERNATE BID ACCEPTED In the event that Owner provides additional Project funds and thereby enters into a construction contract that includes the Additive Alternate work referenced herein, the Design Consultant shall be entitled to additional compensation equivalent to 1.5% of the difference between the Contract Award Price and the Base Bid CCAP; for the purposes of normal construction administration services associated with the Additive Alternate portion of the Work. ARTICLEARTICLEARTICLEARTICLESSSS 5 5 5 5 ---- 1 1 1 15555 No changes. Attachment number 1 Page 6 of 18 Item # 30 ARCH-LS.PM 7/31/92 A7 EXHIBIT AEXHIBIT AEXHIBIT AEXHIBIT A DESIGNDESIGNDESIGNDESIGN AND AND AND AND CONSTRUCTION BUDGETCONSTRUCTION BUDGETCONSTRUCTION BUDGETCONSTRUCTION BUDGET ---- AMENDMENT 1 AMENDMENT 1 AMENDMENT 1 AMENDMENT 1 DATE: May 30, 2007 OWNER: Augusta, Georgia PROJECT: Expansion of Augusta Richmond County’s Webster Detention Center 1. This budget is based on construction dates as follows: Construction Contract Award: March, 2008 Substantial Completion: March, 2010 Final Completion: May, 2010 2. Escalation rates shall be determined by the R. S. Means Cost Index for Augusta (or nearest available city). Based on recent Index history in the area, a projected rate of escalation of five percent (5%) has been allowed for in the figures below based on the dates shown in Item l. In the event of delay and/or publication of above referenced Index Data contrary to projected rate of escalation, all of the following figures are automatically adjusted by the foregoing Cost Index. 3. Base BidBase BidBase BidBase Bid Budget for Construction Contract(s) Award PriceBudget for Construction Contract(s) Award PriceBudget for Construction Contract(s) Award PriceBudget for Construction Contract(s) Award Price (s): Base Bid Base Bid Base Bid Base Bid CCAPCCAPCCAPCCAP:::: $$$$22226666,,,,666600000000,000,000,000,000 note 1note 1note 1note 1 3A. Base BidBase BidBase BidBase Bid Plus Additive Alternate Plus Additive Alternate Plus Additive Alternate Plus Additive Alternate Budget for Construction Contract(s) Award PriceBudget for Construction Contract(s) Award PriceBudget for Construction Contract(s) Award PriceBudget for Construction Contract(s) Award Price (s): Base Bid Base Bid Base Bid Base Bid Plus Additive Alternate Plus Additive Alternate Plus Additive Alternate Plus Additive Alternate CCAPCCAPCCAPCCAP $$$$32323232,,,,454545450,0000,0000,0000,000 note 1note 1note 1note 1 4. In-progress Contingency Fund to cover change orders for unforeseen site conditions, minor design refinements, and correction of minor errors and omissions in the Contact Documents. Four percent ( 4 %) of item 3 (if Alternate not accepted) $1,064,000 4A. Four percent (4%) of item 3A (if Alternate accepted) $1,298,000 5. Project Construction Budget (if Alternate not accepted) (Line 3 plus Line 4) $27,664,000 5A. Project Construction Budget (if Alternate is accepted) (Line 3A plus Line 4A) $33,748,000 6. Recommended FFE Allowance: $2,415,000 7. Professional Fees Allowance: (if Alternate not accepted) $4,822,921 7A. Professional Fees Allowance: (if Alternate is accepted) $5,055,415 Attachment number 1 Page 7 of 18 Item # 30 ARCH-LS.PM 7/31/92 A8 8. Total Design, Construction, FFE Budget (if Alternate not accepted): Total of Lines 5, 6 and 7) $34,901,951 8A. Total Design, Construction, FFE Budget (if Alternate is accepted): Total of Lines 5A, 6 and 7A) $41,218,415 9: Owner’s Contingency and Non-Design Allowances: (if Alternate not accepted) : $1,098,049 9A: Owner’s Contingency and Non-Design Allowances: (if Alternate ia accepted) : $1,281,585 10: Total Project Budget (Base Bid): $36,000,000 10A: Total Project Budget (Including Additive Alternate 1): $42,500,000 Note 1Note 1Note 1Note 1: Does not include the cost of new security fencing and site clearing Work associated with Phase I Work. For the purposes of Exhibit A, the cost of Phase I Work is included in the FFE allowance. If new security fencing is contracted as an early award package, the CAP budget for the main package shall be reduced by an identical amount. Attachment number 1 Page 8 of 18 Item # 30 ARCH-LS.PM 7/31/92 B1 EXHIBIT EXHIBIT EXHIBIT EXHIBIT BBBB MASTER SCHEDULEMASTER SCHEDULEMASTER SCHEDULEMASTER SCHEDULE & CRITICAL DATE SCHEDULE & CRITICAL DATE SCHEDULE & CRITICAL DATE SCHEDULE & CRITICAL DATE SCHEDULE –––– AMENDMENT 1 AMENDMENT 1 AMENDMENT 1 AMENDMENT 1 Exhibit B consists of the following, attached documents: 1. WEBSTER DETENTION CENTER EXPANSION – EXHIBIT B MASTER SCHEDULE – AMENDMENT 1, dated May 30, 2007. 2. WEBSTER DETENTION CENTER EXPANSION – EXHIBIT B CRITICAL DATES, dated May 30, 2006. Attachment number 1 Page 9 of 18 Item # 30 ARCH-LS.PM 7/31/92 C1 EXHIBIT EXHIBIT EXHIBIT EXHIBIT CCCC SCOPE OF SERVICESSCOPE OF SERVICESSCOPE OF SERVICESSCOPE OF SERVICES The Basic Services below to be performed by the Design Consultant consist of professional tasks which have as their objective the design, technical documents and construction administration to provide the Owner with a complete and properly functioning facility. The Basic Services shall be performed in accordance with the standard of care set forth in this Agreement. The facility shall be suitable for the purposes for which it is intended, comply with all applicable codes and laws, and completed on a timely basis within the approved construction budget. The services are described under the Project Phases in which they customarily occur. This order is for convenience only and does not necessarily reflect the sequence in which a service will actually be performed, or necessarily limit the Project, or a designated portion of the Project, to one of each Phase. These Phases may be divided to facilitate the procurement of segregated portions of the Work, pursuant to the approved Master Schedule – Amendment 1 (Exhibit B). The Owner reserves the right to designate the phasing of segregated portions of the Work and to modify the Master Schedule, within the terms and conditions of this Agreement. A. PRE-DESIGN PHASE No changes. B. SCHEMATIC DESIGN PHASE No changes. C. DESIGN DEVELOPMENT PHASE 1. The Design Consultant shall prepare from the approved Schematic Design Studies, for further approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical and electrical systems, materials and such other essentials as may be appropriate. 2. Design Development Documents prepared by the Design Consultant shall include drawings and a written report in more detail than the Schematic Design Documents and shall take into account the Owner's comments on the previous submittal. Drawings shall include dimensioned site development plan, floors plans, elevations, and one or more typical sections indicating proposed construction. Drawings shall also include information on major finishes as well as diagrammatic drawings illustrating fundamentals of major engineered systems, i.e., structural, mechanical and electrical. 3. The Design Consultant shall provide the Construction Program Manager with two copies of in-progress Design Development Documents during the Design Attachment number 1 Page 10 of 18 Item # 30 ARCH-LS.PM 7/31/92 C2 Development Phase, at the mid-point of the phase. At the end of the Design Development Phase the Design Consultant shall provide the Construction Program Manager with eight (8) complete sets of half-size drawings and other documents for approval by the Owner. The documents for this final Design Development Phase submittal shall consist of, as a minimum: a. Architectural - Floor plans at 1/16” scale and/or 1/8” scale with final room locations including all openings. - Wall sections showing final dimensional relationships, materials and component relationships. - Identification of all fixed and loose equipment to be installed in contract. - Finish schedule identifying all finishes. - Well-developed door schedule showing final quantity plus type and quality levels. - Virtually complete site plan including grading and drainage. - Preliminary development of details and large scale blow-ups. - Legend showing all symbols used on drawings. - Outline specifications. - Reflective ceiling development including ceiling grid and all devices that penetrate ceiling (i.e., light fixtures, sprinkler heads, ceiling register or diffusers, etc.). b. Structural - Plan drawings with all major structural members located and sized. - Footing, beam, column and connection schedules. - Final building elevations. - Outline specifications. - Foundation drawings. c. Mechanical - Heating and cooling load calculations for each space and major duct or pipe runs sized to interface structural. - Major mechanical equipment scheduled indicating size and capacity. - Duct work and piping substantially located and sized. - Devices in ceiling located. Attachment number 1 Page 11 of 18 Item # 30 ARCH-LS.PM 7/31/92 C3 - Legend showing all symbols used on drawings. - Outline specifications. d. Electrical - All power consuming equipment and load characteristics. - Total electric load. - Major electrical equipment (switchgear, distribution panels, emergency generator, transfer switches, UPS system, etc.) dimensioned and drawn to scale into the space allocated. - Complete preliminary site lighting design. - Outline specifications. - Lighting, power, telecommunications and office automation devices and receptacles shown in plan. - Light fixture schedule with all major fixtures identified. - Interior electrical loads estimate for systems furniture, receptacles, lighting, food service equipment, and any other special use areas, etc. e. Food Service - Food service equipment plans, drawn to scale, indicating final locations of all new equipment. - Final list of all new equipment planned, including manufacturer’s product data, showing required utility connections, physical dimensions, and functional characteristics. - Outline specifications of all food service equipment. f. Security Systems - Preliminary Security Systems Floor Plans - Outline specifications 4. The Owner, Construction Program Manager and Commissioning Agent will review the Design Development Submittal. Written review comments will be provided to the Design Consultant, by the Construction Program Manager, upon completion of the review. The Design Consultant will provide written response to all comments, indicating dispensation, within two weeks of receipt of said comments. D. CONSTRUCTION DOCUMENTS PHASE Attachment number 1 Page 12 of 18 Item # 30 ARCH-LS.PM 7/31/92 C4 1. Upon written authorization from the Owner to proceed, the Design Consultant shall prepare from the approved Design Development Documents, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project. The Owner will provide the Conditions of the Contract (General and any Supplementary), Advertisement for Bids, Instructions to Bidders, time control specification provisions, and Construction Proposal Forms and Agreement(s) which the Design Consultant shall incorporate into the Construction Documents. 2. Construction Documents shall be packaged as prescribed in the Master Schedule and completed in accordance with the Schedule. 3. Detailed drawings shall cover all work included in the Project or designated portion thereof. 4. Specifications shall be prepared using the Construction Specifications Institute 16 division format. 5. Drawings and specifications shall be prepared in a manner which provides a clear delineation of the Work associated with the Base Bid and the Base Bid plus Additive Alternate(s). The Base Bid drawings shall be produced in a manner intended to result in a Base Bid CCAP as described in Appendix A. The Base Bid plus Additive Alternate(s) shall be produced in a manner intended to result in a Base Bid plus Alternate(s) CCAP as described in Appendix A. 6. The Design Consultant shall provide the Construction Program Manager with two half-size (2) copies of in-progress Construction Documents during this phase, at the 50% CD completion stage. Additionally, and in accordance with the Master Schedule, the Design Consultant shall submit for approval by the Owner four (4) sets of preliminary Construction Documents at the stage of 90% completeness. The 90% stage shall include complete technical specifications from all disciplines. 7. After review and approval of the 90% Construction Documents by the Owner, the Design Consultant shall continue with preparation of final Construction Documents and Bid Documents, including assimilation of complete Project Manual with final Technical Specifications and Owner’s front end documents, for all authorized work on the Project and shall incorporate in those final documents the comments and any modifications and changes desired by the Owner and any modifications required for compliance with all applicable codes, regulations, standards, the approved program, and prior written approvals and instructions of the Owner. The resulting final Construction Document submittal is to be a complete, fully coordinated, integrated package, suitable for bidding distribution, without any significant addenda or further clarification required. Submit one complete, final set of proposed Bid Documents to the Owner, along with written responses to 90% Review Comments, for final review. Attachment number 1 Page 13 of 18 Item # 30 ARCH-LS.PM 7/31/92 C5 8. The Design Consultant shall participate in such reviews and meetings as are necessary to ensure that the project design confirms to all applicable codes and requirements of responsible agencies, and will make any changes to the Construction Documents which are required for issuance of all permits and legal authorizations needed to construct the Project. 9. The Design Consultant shall make any changes to the Construction Documents which are deemed necessary to result in a Contract Award Price which will fall within the CCAP budget established in Exhibit A. E. CONSTRUCTION BID/AWARD PHASE 1. After receiving written authorization from the Owner, the Design Consultant shall proceed with the Construction Bid/Award Phase. 2. The Design Consultant shall prepare such clarifications and addenda to the bidding documents as may be required. The Design Consultant will provide these to the Owner. 3. The Construction Program Manager will schedule and conduct Prebid Conferences with prospective bidders to review the Project requirements. The Design Consultant shall provide knowledgeable representatives, including representatives of its consultants, to participate in these conferences to explain and clarify Bidding Documents. Within two days after the Prebid Conference the Design Consultant shall deliver to the Owner, if needed, a final Addendum. 4. The Design Consultant shall assist the Construction Program Manager and the Owner in obtaining or evaluating bids, including Additive Alternate bids, or negotiating proposals and preparing recommendations for the Owner concerning the contract award. 5. Should first bidding or negotiation produce prices in excess of the approved Base Bid CCAP, and should the Owner elect not to acquire additional funding, the Design Consultant shall participate with the Construction Program Manager in such rebidding, renegotiation, and redesign, at no additional expense to the Owner, as may be necessary to obtain price(s) within the approved Base Bid CCAP or price(s) acceptable to the Owner. The Owner will assist in redesign decisions. All redesign must be approved by the Owner. 6. Should first bidding of the Base Bid plus Additive Alternate, including post-bid negotiations, produce prices in excess of the approved Base Bid plus Additive Alternate Bid CCAP, and should the Owner elect not to acquire additional funding over and beyond the Base Bid plus Additive Alternate Bid CCAP, the Design Consultant shall participate with the Construction Program Manager in such rebidding, renegotiation, and redesign, at no additional expense to the Owner, as may be necessary to obtain price(s) within the approved Base Bid plus Additive Attachment number 1 Page 14 of 18 Item # 30 ARCH-LS.PM 7/31/92 C6 Alternate CCAP or price(s) acceptable to the Owner. The Owner will assist in redesign decisions. All redesign must be approved by the Owner. 7. Should the Design Consultant redesign or conduct rebidding under its responsibilities set out in the preceding paragraphs, its Construction Phase and Post Construction Phase services shall be extended to take redesign/rebid delays into account at no additional expense to the Owner. 8. The Design Consultant shall assist the Construction Program Manager in the preparation of the Agreement(s) Between Owner and Contractor(s) for the Owner's execution. The Construction Program Manager will coordinate award(s) and Notice(s) to Proceed for the Owner. F. CONSTRUCTION PHASE No changes. G. POST CONSTRUCTION PHASE No changes. Attachment number 1 Page 15 of 18 Item # 30 ARCH-LS.PM 7/31/92 D1 EXHEXHEXHEXHIBIT IBIT IBIT IBIT DDDD ADDITIONAL SERVICESADDITIONAL SERVICESADDITIONAL SERVICESADDITIONAL SERVICES 1. No changes. Attachment number 1 Page 16 of 18 Item # 30 AMENDMENT NO. 1AMENDMENT NO. 1AMENDMENT NO. 1AMENDMENT NO. 1 totototo LUMP SUM AGREEMENT FORLUMP SUM AGREEMENT FORLUMP SUM AGREEMENT FORLUMP SUM AGREEMENT FOR DDDDESIGN CONSULTANT SERVICESESIGN CONSULTANT SERVICESESIGN CONSULTANT SERVICESESIGN CONSULTANT SERVICES BETWEENBETWEENBETWEENBETWEEN Augusta, Georgia, a political subdivision of the State of Georgia Acting by and through the Richmond County Commission Hereinafter Referred to as Owner ANDANDANDAND KSGW Architects Hereinafter Referred to as Design Consultant PROJECT: Expansion of the Webster Detention Center. ORIGINAL CONTRACT DATE: November 2, 2006 DATE OF AMENDMENT: May 30, 2007 Attachment number 1 Page 17 of 18 Item # 30 ARCH-LS.PM 7/31/92 AGREEMENT FOR DESIGN CONSULTANT SERVICES TABLE OF CONTENTS Page Article 1 Definitions..........................................................................................................3 Article 2 Relationship of the Parties.................................................................................4 Article 3 Basic Services.....................................................................................................4 Article 4 Compensation.....................................................................................................6 Article 5 Period of Services ...............................................................................................6 Article 6 Owner's Responsibilities....................................................................................6 Article 7 Additional Services.............................................................................................6 Article 8 Notices ................................................................................................................6 Article 9 Insurance............................................................................................................6 Article 10 Indemnification ..................................................................................................6 Article 11 Termination of Agreement.................................................................................6 Article 12 Dispute Resolution.............................................................................................6 Article 13 Successors/Assignment/Third Parties ...............................................................6 Article 14 Ownership of Documents/ Confidential Information ...................................................................................6 Article 15 Additional Provisions.........................................................................................6 Exhibit A Design, Construction and Equipment Budget................................................A7 Exhibit B Master Schedule..............................................................................................B1 Exhibit C Scope of Services .............................................................................................C1 Exhibit D Additional Services..........................................................................................D1 Attachment number 1 Page 18 of 18 Item # 30 CommissionMeetingAgenda 7/10/20072:00PM MotiontoApproveProposaltoInstallNewSecurity FencingatWebsterDetentionCenter Department:Sheriff'sDepartmentThroughCapitalImprovements caption2:MotiontoapproveexpenditureofSPLOSTfundsforn ew securityfencingassociatedwiththeupcomingexpan sionof theWebsterDetentionCenter,inaccordancewithpr oposal fromBoydFencing. Background:TheupcomingexpansionoftheWebsterDetentionCen ter willextendthebuildingoutsidetheperimeteroft heexisting securityfencingsurroundingtheCenter.New,doubl e-row, high-securityfencingisplanned,configuredtofac ilitateat leasttworoundsoffutureexpansions,whileremain ing withinthesecureboundary. Analysis:Proposalsforthefencingworkwerereceivedandev aluated, underRFP07-082.Theselectedcontractorwasjudge d responsiveandresponsible,andprovidedthelowbi d. Installationofthenewperimetersecurityfencingw ill upgradesecurityattheperimeteroftheCenterand also provideasecure,fencedconstructionarea.Thiswi llboth enhancejailsecurityandconstructionsafety.Itw illalso reducethescopeofthemainconstructionproject,thereby expeditingtheoverallprojectcompletionschedule FinancialImpact:Thefencingcontactamountis$581,289.00,whichis within thebudgetedamountforthislineitemoftheovera llproject budget. Alternatives:Waittoperformthefencingworkalongwiththemai n project. Recommendation:Approvefundsfornewsecurityfencingassociatedw iththe upcomingexpansionoftheWebsterDetentionCenter from thelowestresponsivebidder,BoydFence.Alternati ve Cover Memo Item # 31 number1willelongatetheconstructionschedulean dlikely resultinhigheroverallprojectcosts.Constructio nofthe securityfencingnowwillalsoenhancesecurityat thejail. Fundsare Availableinthe Following Accounts: FUNDSAREAVAILABLEINACCOUNT:GL–325-05- 1130/206351101 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 31 Item # 31 Item # 31 Vendor Original 6 Copies Fee Bid Bond Addendum 1-2 Balls Enterprises 721 Eve Street Augusta, GA 30904 N/C Boyd Fence 1492 Atomic Road Beech Island, SC 29842 X X X X Cashier Ck X Commercial Fence Contrctors 13640 SE 31st Ave. Summerfield, FL 34491 Crawford Fence 13831 NE 199 St Waldo, FL 32694 N/C Nationwide Fence Company 53861 Gratiot Ave. Chesterfield, MI 48051 X X X X X RFP Item #07-082 Fencing Modifications for Expansion of Webster Detentions Center Library Wednesday, February 28, 2007 @ 3:00 p.m. Sheriff's Department Attachment number 2 Page 1 of 1 Item # 31 CommissionMeetingAgenda 7/10/20072:00PM RonRhodes Department:ClerkofCommission caption2:PresentationbyMr.RonRhodesoftheSouthAugusta Flea MarketregardingwatermainsandfirehydrantsonD oug BarnardParkway. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 32 Attachment number 1 Page 1 of 1 Item # 32 CommissionMeetingAgenda 7/10/20072:00PM TelecommunicationsAuditofTelecommunicationsInvo icingRFP#06-197A Department:InformationTechnology caption2:ApprovetheselectionofISITelemanagementSolutio ns,Inc. forRFPItem#06-197A,TelecommunicationsAuditof TelecommunicationsInvoicing. Background:InformationTechnologyisconstantlylookingforwa ysto improveservicelevelsandreducecosts.Incontinu ingto investigatepossiblesavings,wewouldliketocont ractwith ISITelemanagementSolutions,Inc.toidentifyposs ible billingimprovementsandtorecommendservicechang esthat couldimprovetheexistingTelecommunicationservic esfor theCityofAugusta. Analysis:In2003,withCommissionapproval,Information Technologytransferredtelecommunicationsservicef rom KMCTelecomtoBellsouth/AT&T.Thistransitionprov ided significantsavings.Byperforminganindepthanal ysisof ourbillingandservicesISITelemanagementSolutio ns,Inc. willlikelyidentifyadditionalsavingsoverandab ovethose alreadyrealized.Theservicesthatwillbeanalyze dinclude allanaloganddigitalphoneservice,cellularserv iceanddata circuits.TheseservicesareutilizedbyallAugust a Departments.Thisauditwillcoverallaspectsof telecommunications.Thiswillincludebackwardsavi ngsfor overbilling,forwardsavingsfromoverbilling,se rvice packaging/bundlingandalternativetransmissionmed ia conversion.Aselectioncommitteewasformedtoeva luate responsestoRFPItem#06-197A,Telecommunications AuditofTelecommunicationsInvoicing.Thecommitte e receivedbidsfromfour(4)companies.Ofthefour (4) respondents,three(3)wereidentifiedasqualifyin gbids.The selectioncommitteeagreedthatISITelemanagement Solutions,Inc.wasthebestbidder. Cover Memo Item # 33 FinancialImpact:ThecontractproposedbyISITelemanagementSolutio ns, Inc.isacontingencybasedpayment.ISITelemanage ment Solutions,Inc.willreceive25%ofrecoveredvendo rcredits and25%ofcostsavingsfortheoneyearperiodfol lowingthe implementationofanyservicechangesthatareacce ptedand implementedbytheInformationTechnologydepartmen t. Alternatives:Continuewiththeproceduresandbillingcyclestha tare currentlyinplace. Recommendation:ApprovetheselectionofISITelemanagementSolutio ns,Inc. forRFPItem#06-197A,TelecommunicationsAuditof TelecommunicationsInvoicingpendingcontractrevie w. Fundsare Availableinthe Following Accounts: n/a REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 33 CommissionMeetingAgenda 7/10/20072:00PM ASULadiesGolfTeam Department:ClerkofCommission caption2:Discussrequestfor$2,000fromtheGeneralFundin support ofASULadiesGolfTeamvisitingAugusta'sSisterC ityin Francetocompeteingolftournamentandrepresent Augusta.(RequestedbyCommissionerGrantham) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 34 CommissionMeetingAgenda 7/10/20072:00PM ComprehensiveDisparityStudy Department:DisadvantagedBusinessEnterprise caption2:ApproveawardofthecontractRFQ#07-115Comprehen sive DisparityStudytoNERAintheamountof$598,113. Background:Thedepartmentreceivedandreviewedtheproposals forthe ComprehensiveDisparityStudyRFQ#07-115.Based on theprocurementpolicyandprocedures;anevaluatio n committeewasestablishedtoreviewandinterviewt hemost qualifiedvendorssubmittingaproposal.Theevalu ation committeeconsistsofmembersoftheAugusta-Richmo nd Countystaff;CityAttorneyandseveralmembersof the Augusta-RichmondCountyCitizen'sSmallBusiness AdvisoryBoard. TheevaluationcommitteeselectedandinterviewedN ERA andMGTonMay31,2007.Presentationsweremadeb y bothvendors.Basedontheevaluationfactor,the proposal andpresentationtheevaluationcommitteeunanimous ly selectedNERA.Theevaluationcommitteedecisionw as basedonthequalificationsofthefirmandnotthe lowest competitivepriceoftheproject. Analysis:Theevaluationcommitteeagreedthiscompanywould bethe mostadvantageoustocompletingAugusta-RichmondCounty ComprehensiveDisparityStudy. FinancialImpact:Thecontractamountis$598,113.Afundingsourceh asnot beenidentified. Alternatives:(1)ApproveawardofthecontractforRFQ#07-115,to NERAintheamountof$598,113.(2)Donotapprove Recommendation:Approve Cover Memo Item # 35 Fundsare Availableinthe Following Accounts: afundingsourcehasnotbeenidentified REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 35 Attachment number 1 Page 1 of 1 Item # 35 Attachment number 2 Page 1 of 1 Item # 35 Attachment number 3 Page 1 of 4 Item # 35 Attachment number 3 Page 2 of 4 Item # 35 Attachment number 3 Page 3 of 4 Item # 35 Item # 35 Attachment number 4 Page 1 of 2 Item # 35 Attachment number 4 Page 2 of 2 Item # 35 CommissionMeetingAgenda 7/10/20072:00PM DowntownAugustaBID Department:ClerkofCommission caption2:PresentationbytheDirectoroftheDowntownDevelo pment AuthorityregardingDowntownAugustaBusiness ImprovementDistrict. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 36 Attachment number 1 Page 1 of 1 Item # 36 CommissionMeetingAgenda 7/10/20072:00PM FY2008BudgetCalendar Department:Finance caption2:Present2008BudgetCalendarforapproval. Background:TheBudgetcalendarestablishestentativedatesfor the completionofthevariousstagesofthe2008budget preparationandadoptionprocess.Thecalendarisp resented forapprovalconsistentwiththelegalrequirements in accordancewithOCGA.Wemayneedtoadjusttimetab lefor entryandcompilationofbudgetinfoduetoimpleme ntation ofnewbudgetsoftwareonIFAS.Thebudgetcalenda ras plannedwillfacilitatedeveloping,reviewing,deli berations bythelegislativebody,inputfromthecitizensof Augusta- RichmondCountyandadoptionofFY2008budgetona timelybasis.Thebudgetwillalsobeadoptedprior toFiscal year2008. Analysis:N/A FinancialImpact:N/A Alternatives:Revisedates. Recommendation:ApproveBudgetCalendarforFY2008asindicatedon the attachedBudgetCalendar. Fundsare Availableinthe Following Accounts: N/A REVIEWEDANDAPPROVEDBY : Cover Memo Item # 37 Finance. Administrator. ClerkofCommission Cover Memo Item # 37 AUGUSTA, GEORGIA 2008 BUDGET PLANNING CALENDAR ________________________________________________________________________ JULY 2007 July 10, 2007 Commission approves FY 2008 Budget Calendar. July 20, 2007 Finance Develop FY 2008 Budget Instructions Package. July 31, 2007 Distribution of Budget Handbook with Instructions. AUGUST 2007 August 24, 2007 Departmental Budgets due to Finance. Budget analysts begin review of proposed budgets for budget hearings. Revenue Estimates completed. SEPTEMBER 2007 Sept. 4, 2007 - Two weeks of Budget Hearings with Departments Sept. 14, 2007 Budget hearings would be lead by the Finance Department with a report of new programs and personnel submitted to Administrator at conclusion of hearings. Administrator would be aware of all budget hearings, however his attendance would not be mandatory. A representative of the administrator’s office would be in all hearings. OCTOBER 2007 October 1, 2007 Primary budget summary of reviews from Finance department presented to Administrator. Revenue Estimates Revised. October 16, 2007 FY 2008 Budget presented to Augusta-Richmond County Commission by the Administrator. Publish in paper upon presentment. NOVEMBER 2007 November 8, 2007 PUBLIC TOWN MEETING/ COMMISSION WORKSHOP Public Hearing of 2008 Budget. November 20, 2007 Adoption of the FY 2008 Budget by the Augusta-Richmond County Commission JANUARY 2008 January 1, 2008 Effective date for the Fiscal year 2008 Budget. Attachment number 1 Page 1 of 1 Item # 37 CommissionMeetingAgenda 7/10/20072:00PM MattieGuy Department:ClerkofCommission caption2:PresentationbyMs.MattieGuyregardingthetax recalculationandhomesteadexemptionforParcel12 9-0- 061-00-0Account8260. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 38 Attachment number 1 Page 1 of 6 Item # 38 Attachment number 1 Page 2 of 6 Item # 38 Attachment number 1 Page 3 of 6 Item # 38 Attachment number 1 Page 4 of 6 Item # 38 Attachment number 1 Page 5 of 6 Item # 38 Attachment number 1 Page 6 of 6 Item # 38 CommissionMeetingAgenda 7/10/20072:00PM Receive2006AuditReport Department:Finance caption2:Receiveasinformation2006auditreportfromCherr y, BekaertandHolland. Background:AnannualauditisrequiredeachyearforAugustaR ichmond CountyandisrequiredtobefiledwiththeStateo fGeorgia DepartmentofAudits Analysis:The2006audithasbeencompletedandfiledwithin the requiredtimeframe. FinancialImpact:TimelyfilingoftheannualauditallowsARCtoful filits requirementswiththestateaswellastoprovidec ontinuing disclosurerequirementsforW&S,Airport,SolidWas te,GO, andColiseumAuthorityBondissues. Alternatives:none Recommendation:Accept2006auditasinformation Fundsare Availableinthe Following Accounts: n/a REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 39 Cover Memo Item # 39 CommissionMeetingAgenda 7/10/20072:00PM ProposedMillRatesfor2007 Department:Finance caption2:Approve2007proposedmillratesinaccordancewith OCGA 48-5-32.1. Background:OncedigestinformationhasbeencompiledbytheTa x Assessorsoffice,proposedmillratesforeachtaxi ngdistrict inAugustaRichmondCountyarerecommendedbythe AdministratorandFinancedepartment.Thesemillra tesare basedonamountsnecessarytosustainoperationsan d generatetheamountofrevenuefromtaxesestimated during thebudgetprocess. Analysis:The2007budgetwasadoptedinNovemberof2006bas edon certainassuptionsandprojectionsofrevenue.Actu aldigest informationisnotavailableuntilJuly.Atthatti mea5year historyofthedigestisrequiredtobeadvertised alongwith proposedmillrates.Ifthereisgrowthinthedige stdueto reassessmentofproperties,thestaterequiresthat arollback millratebecalculated.Shouldtherollbackraten otbe adoptedbythecommission,3publichearingsarere quired andataxincreasemustbeadvertised.OCGA48-5-32 .1lists therequiredtimingandcontentoftheseadsinadd itionto acceptabletimesforthehearings. FinancialImpact:The2007budgetwasadoptedinNovemberof2006bas edon aproposedmillincreasefortheCountywidedistric twhich supportsthegeneralfundandLawEnforcementfunds inthe amountof.34mills.Levyingtherollbackrateinst eadofthe rateusedduringthebudgetprocesswouldcreatea significant shortfallinthegeneralfund.Becauseofgrowthin theFire ProtectionandUrbanServiceDistricareas,thoser atesare recommendedattherollbackcalculationrate. Cover Memo Item # 40 Alternatives:1)Accepttheproposedmillratesandbegintheadv ertising processsothatthedigestmaybecompletedanddel iveredto theStatebytheduedate.2)Proposedifferentmill ratesand calculatetheeffectonprojectedtaxcollectionsw hichsustain thebudget. Recommendation:TheCommissionshouldacceptthemillratesas recommendedandfollowthetimelinefortherequire d advertisementsandpublichearings. Fundsare Availableinthe Following Accounts: Tobegeneratedbaseduponadoptedmillrates. REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 40 MILLAGE RATE BY FUNDS Proposed 2007 COUNTY-WIDE GENERAL 14.636 SALES TAX CREDIT -6.397 COUNTY GENERAL FUND-NET M&O 8.239 URBAN SERVICES GENERAL 17.879 SALES TAX CREDIT - URBAN -9.821 URBAN SERVICES DIST.-NET M&O 8.058 CAPITAL OUTLAY FUND 0.791 FIRE PROTECTION 1.616 BLYTHE-FIRE DISTRICT M&O 3.030 COUNTY BONDS 0.000 URBAN SERVICES BONDS 0.000 Augusta - Richmond County, Georgia 2007 Proposed Millage Rates 2007Preliminarymillrates/dbw/07/02/07 Attachment number 1 Page 1 of 1 Item # 40 Graphic Time Line Minimum Requirement set by OCGA 48-5-32.1 1st Public Hearing – July 19 10 AM Henry Brigham Community Center 2nd Public Hearing – July 19 6:30 PM Warren Road Community Center 3rd Public Hearing – July 26 3:45 PM Commission Chambers Followed by Called Meeting at 4 PM to adopt mill rate ►Advertise 1st And 2nd Public Hearings ►Advertise 5 Year History ►Issue Press Release Begin Process Mid Process ►Advertise 3rd Public Hearing ►Hold 1st Public Hearing ►Hold 2nd Public Hearing ►Hold 3rd Public Hearing ►Hold Meeting to set Millage 7 days 7 days End Process July 19 – Hold hearings 1&2, Advertise 3rd hearing July 10 – Commission sets proposed rate July 12 – Advertise public hearings 1&2, 5 year history, and press release July 26 – 3rd Public Hearing followed by Special Called Meeting to adopt mill rate August 3-Digest is delivered to Georgia Department of Revenue For approval Attachment number 2 Page 1 of 1 Item # 40 CommissionMeetingAgenda 7/10/20072:00PM 2ndStreetLiftStationEmergencySewerReplacement Department:Utilities caption2:1)Approveawardtothelowbidderfortheemergen cy contracttomakeneededrepairstothe2ndStreetL iftStation andthe30”intakesewerline.2)Approveadditiona lfundsto theEagleUtilityContractintheamountof$117,57 8.97for theadditionalcostofbypasspumpingassociatedwi ththe LaneyWalkerSewerLineRepaircontractasaresult ofthe 2ndStreetLiftStation30”linecollapse. Background:The24”sewerlinealongLaneyWalkerbetween2ndS treet andEastBoundaryhasbeenreplacedandtheroadway has beenrestored,withexceptiontotheareaofLaney Walkerat the2ndStreetIntersection.Duringconstructionof the24” seweralongLaneyWalker,EagleUtilityhadtoinst all additionalbypasspumpingbecauseofthecollapseo fthe30” sewerlinegoingintothe2ndStreetLiftStation.Itisrequired thatthispumpingremaininplaceuntiltherepairs tothe2nd streetliftstationcanbemade.Thishasresulted inadditional coststoEagleUtilitywhichisoutsideofthescop eofthe originalcontract.WhileEagleUtilitycontinuedin their effortstoreplacethe24”sewerlinealongLaneyW alker, RTWEngineeringwasaskedtodesignaprojecttore place the30”sewerlineflowingintothe2ndStreetlift Station.Thisdesignalsoincludesneededupgrades tothe2nd StreetLiftStation.Consideringtheemergencynatu reofthis project,AUDcoordinatedwiththeProcurementDepar tment inselectingfourlocalcontractorsinwhichAUD’s experiencehasindicatedwouldhavetheabilityto perform theneededemergencytasks.Thelowbidcontractor andthe amountofthebidwillbeprovidedatthecommittee meeting. Analysis:TheSecondStreetLiftStationisthesewagecollec tionpoint fortheColumbiaNitrogenIndustrialwastecorridor aswell asapproximately1/3ofdowntown.Currentlythesta tionis mostlyinoperablewithouttheuseofthe30”gravit ysewer Cover Memo Item # 41 mainwhichflowsintothestation.Withouttheuse ofthe30” main,itisnecessarytobypasspumpmostofthese wageflow directlyintothe14”force-mainleavingthelifts tation.This bypasspumpcostisapproximately$1,400dollarsa day.This costwillcontinuetorununtilthegravitysewerl ineis repaired.Thereisadditionalriskassociatedwitht heimpacts ofbypasspumpfailure.Whileabackuppumpisinp laceto minimizethisrisk,itisverybeneficialtotheci tytohavethis pumpingreplacedwithagravitylineassoonaspos sible. FinancialImpact:Thetotalcostforthe30”linereplacementandtheneededlift stationrepairsisestimatedatapproximately$600,0 00. Alternatives:Nonerecommended. Recommendation:Itisrecommendedto:1)Approveawardtothelowb idder fortheemergencycontracttomakeneededrepairst othe2nd StreetLiftStationandthe30”intakesewerline.2 )Approve additionalfundstotheEagleUtilityContractint heamount of$117,578.97fortheadditionalcostofbypasspu mping associatedwiththeLaneyWalkerSewerLineRepair contractasaresultofthe2ndStreetLiftStation 30”line collapse. Fundsare Availableinthe Following Accounts: Fundsareavailableintherenewalextensionfund 507043420-5425210/80700035-5425210. REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 41 CommissionMeetingAgenda 7/10/20072:00PM ApproveDesignChangeOrdertoBelairHillsSubdivi sionSewerandWaterImprovements Department: caption2:Approveawardofdesigncontractmodificationinth e amountof$28,800toW.R.TooleEngineers,Inc.for providingadditionalsewerservicesto18parcelsi nthe BelairHillsSubdivision. Background:Anengineeringcontractintheamountof$22,610.00 was awardedtoW.R/TooleEngineersAugust24,2006to design BelairHillsSubdivisionWaterSystemsImprovements (#10170).Theprojectdesignincludedproviding approximately5,000LFof12”ductileironwatermai n improvementsatCarolynStreetintheBelairHills Subdivision.Amajorityof the18parcels neededtotieintotheBelairHillsSubdivisionSew erSystem mustconnecttotheCarolynStreetsewer.Toassure the watermainimprovementsandadditionalsewerservic es tyinginatCarolynStreetarecoordinatedcorrectl yachange totheW.R.TooleEngineerscontractisrequired. Analysis:W.RTooleEngineerssubmittedaproposalof$28,800 to executetherequiredsurveyingandbasemapping, design/prepareconstructionsplansandspecificatio nsand submittheeasementmapsneeded.TheAUDstaffeval uated theproposalandconsidersitfairandreasonablea ndinline withpriordesigncostsforsimilarservices. FinancialImpact:Theproposalsubmittedforthisprojectchangewas $28,800. Thesefundsareavailablefromaccount# 511043410/5212115&80210170/5212115. Alternatives:None Recommendation: Itisrecommendedtoawardthedesignchangeorder toW.R. Cover Memo Item # 42 TooleEngineers,Inc. Fundsare Availableinthe Following Accounts: #511043410/5212115&80210170/5212115. REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 42 Item # 42 Item # 42 Item # 42 Item # 42 CommissionMeetingAgenda 7/10/20072:00PM AugustaCanalEmbankmentImprovements Department:Utilities caption2:AuthorizeAugustaUtilitiesDepartmenttoimplement the recommendationsoutlinedintheEngineeringReport preparedbyCranstonEngineeringGroupentitledAug usta CanalBankStudyintheamountof$735,000. Background:TheAugustaCommissionauthorizedanEngineeringS tudy toinvestigatetheconditionoftheAugustaCanal embankmentstability.Thatstudyisnowcompletean dwas presentedtotheAugustaCommissionattheirregula r meetingMay1,2007.Thestudywasreceivedas information.TheAugustaUtilitiesDepartmentIno w seekingauthorizationtoimplementtherecommendati onsof theEngineeringStudy Analysis:TheAugustaCanalprovideshydropowerwhichisused to pumprawwatertotheHighlandAve.TreatmentPlant by variousturbines.Adisruptionofthishydropowerw ould causeasevererestrictionintheamountofrawwat erwhich couldbepumped.Currently,abackupdieselpumpwh ich drawsfromtherivercouldbeusedhoweverthedema ndfor rawwatercouldnotbemet.Theengineeringstudyh as determinedseveralvulnerableconditionsofthecan al embankmentandprovidescorrectiverecommendations.The engineeringstudyalsocreatedanEmergencyAction Plan andaMaintenancePlanfortheAugustaCanalwhich have recommendationsalsotobeimplemented.Attachedwi ththis agendaitemisanexecutivesummaryoftheEngineer ing ReportandRecommendationsforCorrectiveActionsa swell asestimatedcapitalcost. FinancialImpact:Fundsforthesecorrectiveactionitemscanbechar gedtothe BondFund,accountnumber507043410-5425110/8032011 5- 5425110. Cover Memo Item # 43 Alternatives:Noalternativesarerecommended. Recommendation:WerecommendtheCommissionauthorizetheAugusta UtilitiesDepartmenttoimplementtherecommendatio ns outlinedintheEngineeringReportpreparedbyCran ston EngineeringGroupentitledAugustaCanalBankStudy inthe amountof$735,000. Fundsare Availableinthe Following Accounts: 507043410-5425110/80320115-5425110. REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 43 EXECUTIVE SUMMARY From its construction in 1845 to the mid-1930s the Augusta Canal provided hydroelectric power to industries along the canal, provided a means of navigation around the rapids in the Savannah River for the movement of goods from farm to market and provided a source of water for the City of Augusta. In more recent times the Augusta Canal has been “found” by the public for recreational purposes, and it was designated a regionally important resource by the State of Georgia and a National Heritage Area by Congress. Due to its age, the number of trees that exist along many portions of the canal embankment and the observed presence of animal dens along the course of the canal, the question has been raised as to the current condition of the canal levee embankment and what effect the trees and vegetation as well as animal holes might have on the safety of the embankment and future operation of the Augusta Canal. This study and report were directed by the Augusta Commission to investigate and report on this matter. The purpose of this study is to assess the current condition of the embankments of the First Level Augusta Canal so as to identify deficiencies and possible corrective actions, to prepare an Emergency Action Plan and to furnish a Maintenance Plan for the continued maintenance and operation of the canal banks. The methodology utilized to make this study involved a combination of the review of known studies along the canal, field reconnaissance of the crest, downstream slopes and toes of the canal levee embankment and water reconnaissance involving underwater inspections on the front face of the embankment. It further involved limited surveying to make field measured cross sections of various locations along the embankment and soil borings at selected cross sections to help determine slope stability. Finally a review of available technical literature was made, together with geotechnical engineering analyses at four identified seepage sites and a section of canal embankment deemed to be of special consideration. Discussion of findings together with conclusions and recommendations are then presented. In general the levee embankment was found to be in extremely good condition, considering its age. There have been several recent localized failures and there are four identified seepages which called for additional investigation. One 600 foot long reach of the embankment had very steep backslopes and standing water/seepage which also warranted additional investigation. It was concluded that the primary concern with regard to the Augusta Canal is the protection of public safety. It was found that the high hazard in town area has few problems with regards to trees, slopes, thickness of embankment at the waterline, seepage and head of water above surrounding ground. The low hazard area upstream has no residences, and camping is prohibited. Thus, the current condition is that the public safety appears to be protected. The second concern is the protection of the water supply for Augusta. For much of its life the canal provided the only source of water for Augusta. Recently, however, the Hicks Water Treatment Plant has been constructed on the south side of Augusta to supplement the old ground water well fed source. The presence of the plant together with cross connections of service areas to allow the Hicks Plant to serve some areas normally served by the Highland Avenue Water Plant provides backup in the event that the canal should be out due to a breach or any other reason. Furthermore, there is currently a diesel backup pump at the water pumping station on the canal which pumps approximately 25 percent of the total demand directly from the river. Attachment number 1 Page 1 of 2 Item # 43 Planning and design is already underway for a new backup pump at the pumping station which will provide the means for pumping the entire daily flow to the Highland Avenue Plant from the Savannah River in the event of loss of use of the Augusta Canal waters. This project is scheduled to be completed in 2009. A final concern is that there are three FERC-licensed users of canal water which are currently customers of Augusta Utilities Department. The loss of canal water from these users would require them to switch to more expensive electrical power. Thus, while there is no observed evidence of public safety concerns in the high hazard section and the long range water needs of Augusta will be assured even in the event that the Augusta Canal is temporarily out of service, there is still reason to insure that any problems, or potential problems, are identified rapidly and are corrected expeditiously. Such problems might involve trees, animal penetrations, bank undercuts, sloughs or slides. There were approximately 250 or so identified animal penetrations, bank undercuts and/or erosions identified during the water reconnaissance. Of these, 34 involving 14 animal penetrations and 20 undercuts were considered to be most significant. The penetrations were considered significant if they were over 4 feet in depth. The largest two were found to be 10 and 15 feet deep. The undercuts were typically 2 or 3 feet into the embankment. It was determined that all issues involving the animal penetrations, undercuts and erosion should be judged separately for different reaches and repaired accordingly. Furthermore, any problem trees such as those leaning, dead or diseased should be preemptively removed as soon as possible. Finally, the winter of 2008 may be the best opportunity for other repair work inasmuch as the water in the canal will be drained for several months to accommodate work at the Raw Water Pumping Station. Recommendations resulting from the study include the following: • Continue rigorous inspection program to identify trees that need to be removed and to spot any new seepages, depressions or any other indications of pending problems. • Correct the four known seeps. • Design and construct improvements to approximately 600 feet of embankment just south of Rock Creek Waste Gate to address seepage and to increase slope stability. • Complete the backup diesel pump at the pumping station. • Stockpile 4,000 cubic yards of earth near the Raw Water Pumping Station for emergency use in the event of a breach, or a partial breach, of the levee embankment. • Continue and refine the inspection and maintenance program. • Consider increasing spillway capacity for the Augusta Canal by completing the unfinished WPA Spillway to provide a larger emergency overflow path. Attachment number 1 Page 2 of 2 Item # 43 RECOMMENDATIONS 1. Pre-emptively remove all dead trees, those leaning at an angle of greater than 45 degrees on the backslope of the levee embankment, and that are found to be diseased. This will include removing the root ball for any tree over 6 inches in diameter. The void made by the root ball should be filled with compacted soil. Monitor those types of situations on the front slope and use the scheduled emptying of the canal to remove those trees. 2. Undertake detailed design and construction of improvements to Reach 7 to address seepage, and increase slope stability, including removing trees from the embankment to clear the construction zones as needed. 3. Monitor undercuts until scheduled emptying of the canal, then make detailed observations and remedial repair as required. 4. Pursue corrective action for known seepages including: a. Request CSX Transportation to complete corrective work proposed by their consultant near Station 86+00 as part of their maintenance commitment, and continue with periodic monitoring. b. Place the seepage at Station 143+50 near River Watch Parkway on maintenance schedule for periodic monitoring. c. Place the seepage at Station 174+00 near Pumping Station on maintenance schedule for short term periodic monitoring until construction of the new intake. Monitor after construction to confirm that seepage has been eliminated. d. Install underdrain to control seepage at Station 221+50 near Reed Creek Waste Gate and then place on maintenance schedule for periodic monitoring. 5. Complete construction of back-up pumps at Raw Water Pumping Station which will pump 60 MGD directly from the Savannah River using diesel power. 6. Stockpile a minimum of 4,000 cubic yards of select sand clay soil at a convenient location. This has been currently identified as excess, stored soil at the western end of the Highland Avenue Water Treatment Plant site. Should this source become unavailable, a new source should be identified. 7. Continue and refine the ongoing inspection and maintenance program. 8. Establish the frequency of inspection of Reaches 6, 9, and 10 at quarterly to look for problems related to trees, animal penetrations, seepage and slope stability. Attachment number 2 Page 1 of 2 Item # 43 9. Consider increasing spillway capacity by completing by the unfinished WPA spillway in Reach 5 to provide an emergency overflow path and to limit canal stages to maintain maximum freeboard. The attached table provides estimated capital costs for the above recommendations. CAPITAL COST OF RECOMMENDATIONS Recommendation Estimated Cost 1. Removal of Trees $150,000.00 2. Reach 7 Repairs $310,000.00 3. Monitor & Repair Undercuts $260,000.00 4. Seepage Repairs Included in other items 5. Raw Water Pumping Station Improvements Separate Budget 6. Stockpile Soil Already Completed 7. Inspection & Maintenance Program $15,000.00 8. Quarterly Inspections Included in #7 above 9. Complete WPA Spillway Separate Budget $735,000.00 Attachment number 2 Page 2 of 2 Item # 43 CommissionMeetingAgenda 7/10/20072:00PM AugustaFloodControlFeasibilityStudy-Change#3 Department:AbieL.Ladson,P.E.,DirectorEngineeringDepartme nt caption2:ApproveConstructionProjectBudgetChangeNumberT hree (CPB323-04-299823999)fortheAugustaCountyRegio nal FloodControlFeasibilityStudyintheamountof$5 5,000to befundedfromSPLOSTPhaseIIIRecaptureasreques tedby theEngineeringDepartment. Background:OnNovember3,1999theCommissionauthorizedexecu tion ofanagreementwiththeUSArmyCorps’ofEngineer sto performaFloodControlFeasibilityStudyfortheR ocky Creek,AugustaCanal,PhinizySwampandRaesCreek DrainageBasins. Analysis:ThePhaseIreportthatincludesRockyCreekandAu gusta CanalBasiniscompletedandwillsoonbedistribut edfor publicreview.Phase2willfocusonadditionalwor ktobe performedfortheRaesCreekBasin.Completionoft he Phase2workwillincreasethetotalstudyestimate dcostby $110,000withthecity’ssharebeing$55,000. FinancialImpact:Fundsintheamountof$55,000areavailableinthe 323041110-296823333tocovertheCounty’sshareof the additionalfundsneededtocompletethestudy. Alternatives:ApproveConstructionProjectBudgetChangeNumberT hree (CPB323-04-299823999)fortheAugustaCountyRegion al FloodControlFeasibilityStudyintheamountof$5 5,000to befundedfromSPLOSTPhaseIIIRecapture.Alsoaut horize theEngineeringDepartmenttoreleasefundsinincr ementsas requestedbytheCorpsofEngineers.2)Donotappr oveand denycompletionofthestudyfortheRaesCreekBas in. Recommendation:ApproveAlternativeone Cover Memo Item # 44 Fundsare Availableinthe Following Accounts: 323-04-1110-6011110-296823333 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 44 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET REGIONAL FLOOD CONTROL FEASIBILITY STUDY CHANGE NUMBER THREE Capital Project Budget is hereby authorized: Section 1: This project is authorized to CPB#323-04-299823999. This change authorizes additional funds of $55, 000 to provide surveying support requested by Corps of Engineers for the flood Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Rocky Creek Tributary No 1, Ph 1 $355,393 Special 1% Sales Tax, Phase III (Suburban)$861,116 Special 1% Sales Tax, Phase III(Urban)421,140 Special 1% Sales Tax, Phase III Recapture 252,352 Special 1% Sales Tax, Phase I Recapture 19,500 Special 1% Sales Tax, Phase III Recapture $55,000 $1,964,501 Section 3: The following amounts are appropriated for the project: By Basin By District Rocky Creek $355,393 $1,964,501 Raes Creek $620,852 Phinizy $512,116 Augusta Canal $476,140 $1,964,501 Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved ____________________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#323-04-299823999 Honorable Deke Copenhaver, Mayor BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following control study. This additional amount will be funded by SPLOST PHASE III Recapture 1 of 2 June 18, 2007 Attachment number 1 Page 1 of 2 Item # 44 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET REGIONAL FLOOD CONTROL FEASIBILITY STUDY CHANGE NUMBER THREE CPB#323-04-299823999 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB ROCKY CREEK TRIBUTARY NO 1 321-04-1110/288821561 ($355,393)($355,393) SPECIAL 1% SALES TAX, PHASE III 323-04-1110-0000000 ($861,116)($861,116) SPECIAL 1% SALES TAX, PHASE III 327-04-1110-0000000 ($421,140)($421,140) SPECIAL 1% SALES TAX, PHASE III 323-04-1110-6011110-296823333 ($252,352) ($55,000) ($307,352) SPECIAL 1% SALES TAX, PHASE III 321-04-1110-6011110-288821333 ($19,500)($19,500) TOTAL SOURCES:($1,909,501) ($55,000) ($1,964,501) USE OF FUNDS ENGINEERING 323-04-1110-5212115-299823999 $1,890,001 $55,000 $1,945,001 ENGINEERING 321-04-1110-5212115-205821999 $19,500 $19,500 TOTAL USES:$1,909,501 $55,000 $1,964,501 2 of 2 June 18, 2007 Attachment number 1 Page 2 of 2 Item # 44 Attachment number 2 Page 1 of 8 Item # 44 Attachment number 2 Page 2 of 8 Item # 44 Attachment number 2 Page 3 of 8 Item # 44 Attachment number 2 Page 4 of 8 Item # 44 Attachment number 2 Page 5 of 8 Item # 44 Attachment number 2 Page 6 of 8 Item # 44 Attachment number 2 Page 7 of 8 Item # 44 Attachment number 2 Page 8 of 8 Item # 44 CommissionMeetingAgenda 7/10/20072:00PM AwarddesignmodificationforMorganRoadpumpStat ionImprovementsandFt.GordonWater MainConnectionprojects Department:UtilitiesEngineering caption2:Approveawardofdesigncontractmodificationinth e amountof$36,742toZELEngineers,Inc.forprovid ing additionalengineeringservicesfor3separatecons truction contractsinlieuof2forProject10801-MorganRoa dPump Station/Ft.Gordon20”WaterMainConnection. Background:Anengineeringcontractintheamountof$247,000w as awardedtoZELEngineersJune6,2006todesignan upgrade totheMorganRoadpumpstationandtodesigna20”water maintoserviceTobaccoRoadandFt.Gordon.Thepr oject designincludedproviding2.5MGDofwatertoFt.G ordon sourcedfromtheTobaccoRoadelevatedTankandupg raded MorganRoadPumpStationandstoragefacilityviaa 20” diameterpipeline.Duringthecourseofthedesign AUD determinedtheprojectshouldbeexecutedby3cons truction contractsinlieuof2.Threecontractswillprovid emore certaintythatAUDwillmeetthescheduledrequired inthe Ft.Gordon/CityofAugustacontractforwater/sanita rysewer services.Also,duetothenatureoftheworkinvol ved,3 constructioncontractsareconsideredmorepractica lto execute.ThereisspecializedworkattheMorganRo adPump Station,specialentryandclearancerequirementsi nstalling thepipelineontheFt.GordonArmyinstallation,a nd considerableconstructionconcernsworkingontheb usy TobaccoRoadcorridor. Analysis:ZELEngineerssubmittedaproposalof$36,742topr epared 3setsofconstructionsplansandspecificationsas directed. Theproposalalsoincludesadditionalnormalengine ering servicesduringthebiddingandconstructionphases ofthe3 contracts.TheAUDstaffevaluatedtheproposaland considersitfairandreasonableandinlinewithp riordesign costsforsimilarservices. Cover Memo Item # 45 FinancialImpact:Theproposalsubmittedforthisprojectchangewas $36,742. Thesefundsareavailablefromaccounts #511043410/5212115and80310810/5212115. Alternatives:None Recommendation:Itisrecommendedtoawardthedesignchangeorder toZEL Engineers,Inc. Fundsare Availableinthe Following Accounts: 511043410/5212115and80310810/5212115 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 45 CommissionMeetingAgenda 7/10/20072:00PM AwardofConstructionofDeansBridgeRoadMSWLand fillScalehouseandCustomerDropOff centertothelowestresponsive,qualifiedbidder Department:SolidWaste caption2:AwardofConstructionofDeansBridgeRoadMSWLand fill ScalehouseandCustomerDropOffcentertothelow est responsive,qualifiedbidder Background:ThefacilitiesattheDeansBridgeRoadMSWLandfil lhave beeninplacesincethe1980s.Thescalehouseand administrativeofficesarebothcurrentlyhousedin modular trailers.Thescalehouseisnolongerlargeenough to accommodatestaffandthesingleincomingscaleis inadequatetohandlethevolumeoftrafficthatcur rentlyuses thelandfill.Thecurrentcustomerdropoffareaco nsistsof tworoll-offboxesthatsitintheparkinglot.Thi sareais neithersafenorconvenientforregularcustomerus e.In addition,ifthecustomershaveanythingoversized ormore thanafewbagsofgarbage,theydonothaveachoi cebutto depositthegarbageinthelandfill. Analysis:Thenewscalehousecomplexandcustomerdropoffa rea willallowthelandfilltoweighvehiclesmorequic klythan everbefore.Thecomplexwillhavetwoincomingsca lesand oneout-boundscale–thiswillallowtheregularc ommercial customersto“weighandgo”andnothavetowaitinline.For thesmallercashcustomer,theywillalsohavethe added convenienceofnolongerbeingmixedupinthelarg er commercialtrafficbothatthescalesandtheMSWl andfill area.Thecustomerdropoffareawillallowthesma ll residentialcustomertodropofftheirgarbageand recyclables onapavedareawithlesstrafficandnocommercial traffic. Thisisespeciallyniceduringwetweather.Thisal soprovides theaddedsafetyofhavingonlylargetrucksinthe landfill. TheSolidWasteDepartmentreceivedtwoproposalsi n responsetobiditem#07-134,ConstructionofScale House BuildingandCustomerDrop-OffFacilities.Theprop osals Cover Memo Item # 46 wereevaluatedinaccordancewithProcurementDepar tment requirements,andCooper,Barnette&Page,Inc.pro vided thelowestcostbidfortherequestedwork. FinancialImpact:Adequatefundsareavailablefortheamountof $4,864,794.68whichincludes$4,422,540.68forcons truction and10%or$442,254forprojectcontingency.Twopu rchase orderswillneedtobecreatedforthisproject.On efromfund 543forthemoniesbeingcontributedfromthebond account, andtheremainderofthemoneycomingfromfund541 .A transferfromaccount541-00-0000/1336110toaccoun t541- 04-4210/5413130willberequiredtocompletethisp roject. Alternatives:1.RecommendawardingthecontracttoCooper,Barne tte& Page.2.Donotapprovetheaward. Recommendation:Alternative1 Fundsare Availableinthe Following Accounts: 543-04-4210inanamountof$2,019,175541-04- 4210/5413130inanamountof$998,000541-00- 0000/1336110transferedtoaccount541-04-4210/5413130in anamountof$1,847,619.80 REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 46 Attachment number 1 Page 1 of 2 Item # 46 Attachment number 1 Page 2 of 2 Item # 46 CommissionMeetingAgenda 7/10/20072:00PM BungalowRd.ImprovementsChangeNumber3SplostPh aseIII Department:AbieL.Ladson,P.E.,DirectorEngineeringDrpartme nt caption2:ApproveCPB#323-04-299823595ChangeNumber3inth e amountof$1,820,000.00withfundingof$400,000.00 from theGDOTStateAidContractand$1,420,000.00from SPLOSTPhaseIIIRecaptureforprojectconstructio n.Also, approveawardofconstructioncontracttoBeam’s Contracting,Inc.intheamountof$3,519,984.30fo r theBungalowRoadImprovementsProject,subjectto receipt ofsignedcontractsandproperbondsasrequestedb ythe Augusta,GAEngineeringDepartment. Background:ThisprojectproposestowidenBungalowRoad,addc urbs andgutter,sidewalksandanundergrounddrainages ystem fromRichmondHillRoadtoUS25(PeachOrchardR oad). Analysis:BidswerereceivedonMay25,2007withBeam’s Contractingbeingthelowbidder.Bidresultsarea sfollow: CONTRACTORSBID1.Beam’sContracting,Inc. 3,519,984.302.MabusBrothersConst.,Co.,Inc.3,67 2,770.65 3.ReevesConstructionNon-Compliant FinancialImpact:Fundswillbecomeavailablefromfinancialcloseout supon Commissionapproval. Alternatives:1)ApproveCPB#323-04-299823595ChangeNumber3in theamountof$1,820,000.00withfundingof$400,00 0.00 fromtheGDOTStateAidContractand$1,420,000.00 from SPLOSTPhaseIIIRecaptureforprojectconstruction .Also, approveawardofconstructioncontracttoBeam’s Contracting,Inc.intheamountof$3,519,984.30fo rthe BungalowRoadImprovementsProject,subjecttorece iptof signedcontractsandproperbondsasrequestedbyt he Augusta,GAEngineeringDepartment.2)Donotapprov eand Cover Memo Item # 47 discontinueproject. Recommendation:ApproveAlternativeNumberOne. Fundsare Availableinthe Following Accounts: 323041110-6011110296823333-6011110 REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 47 IT E M N O . D E S C R I P T I O N U N I T Q T Y U N I T P R I C E T O T A L U N I T P R I C E T O T A L U N I T P R I C E T O TA L 00 1 - 1 0 0 0 FO R C E A C C O U N T LS 1 $ 3 1 0 , 0 0 0 . 0 0 $ 3 1 0 , 0 0 0 . 0 0 3 1 0 , 0 0 0 . 0 0 $ $ 3 1 0 , 0 0 0 . 0 0 3 1 0 , 0 0 0 . 0 0 $ $ 3 1 0 , 0 0 0 . 0 0 15 0 - 1 0 0 0 TR A F F I C C O N T R O L LS 1 $ 3 5 , 0 0 0 $ 3 5 , 0 0 0 4 8 , 0 0 0 . 0 0 $ $ 4 8 , 0 0 0 . 0 0 7 5 , 0 0 0 . 0 0 $ $ 7 5 , 0 0 0 . 0 0 15 7 - 1 0 0 1 CO N S T U C T I O N S T A K I N G L S 1 $ 5 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 4 8 , 3 5 1 . 0 0 $ $ 4 8 , 3 5 1 . 0 0 1 0 0 , 0 0 0 . 0 0 $ $ 1 0 0 , 0 0 0 . 0 0 16 3 - 0 2 3 2 TE M P O R A R Y G R A S S I N G A C 3. 5 $ 1 , 0 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 5 0 0 . 0 0 $ $ 1 , 7 5 0 . 0 0 1 , 0 3 0 . 0 0 $ $ 3 , 6 0 5 . 0 0 16 3 - 2 0 5 1 CO N S T , M A I N T & R E M O V E B A L E D S T R A W E R O S I O N CH E C K LF 36 0 0 $ 5 . 0 0 $ 1 8 , 0 0 0 . 0 0 5 . 4 0 $ $ 1 9 , 4 4 0 . 0 0 5 . 4 1 $ $ 1 9 , 4 7 6 . 0 0 16 7 - 1 0 0 0 WA T E R Q U A L I T Y M O N I T O R I N G A N D S A M P L I N G E A 2 $ 1 0 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 1 , 4 0 0 . 0 0 $ $ 2 , 8 0 0 . 0 0 1 3 , 0 0 0 . 0 0 $ $ 2 6 , 0 0 0 . 0 0 17 1 - 0 0 1 0 TE M P O R A R Y S I L T F E N C E ( T Y P E “ A ” ) L F 70 0 0 $ 5 . 0 0 $ 3 5 , 0 0 0 . 0 0 4 . 4 0 $ $ 3 0 , 8 0 0 . 0 0 5 . 4 1 $ $ 3 7 , 8 7 0 . 0 0 20 7 - 0 2 0 3 FO U N D A T I O N B A C K F I L L , T P 2 C Y 75 0 $ 3 0 . 0 0 $ 2 2 , 5 0 0 . 0 0 2 8 . 0 0 $ $ 2 1 , 0 0 0 . 0 0 2 0 . 4 0 $ $ 1 5 , 3 0 0 . 0 0 21 0 - 0 1 0 0 GR A D I N G C O M P L E T E L S 1 $ 1 0 0 , 0 0 0 . 0 0 $ 1 0 0 , 0 0 0 . 0 0 1 8 9 , 7 2 5 . 0 0 $ $ 1 8 9 , 7 2 5 . 0 0 2 5 0 , 0 0 0 . 0 0 $ $ 2 5 0 , 0 0 0 . 0 0 23 0 - 1 0 0 0 LU M P S U M C O N S T R U C T I O N L S 1 $ 5 0 , 0 0 0 . 0 0 $ 5 0 , 0 0 0 . 0 0 4 2 2 , 3 6 8 . 0 0 $ $ 4 2 2 , 3 6 8 . 0 0 3 3 1 , 2 2 2 . 0 0 $ $ 3 3 1 , 2 2 2 . 0 0 31 0 - 1 1 0 1 GR A D E D A G G R E G A T E B A S E C O U R S E , I N C L M A T L T N 14 0 0 $ 3 0 . 0 0 $ 4 2 , 0 0 0 . 0 0 2 1 . 9 0 $ $ 3 0 , 6 6 0 . 0 0 2 5 . 6 0 $ $ 3 5 , 8 4 0 . 0 0 31 8 - 3 0 0 0 AG G R E G A T E S U R F A C E C O U R S E T N 60 0 $ 3 0 . 0 0 $ 1 8 , 0 0 0 . 0 0 1 9 . 6 0 $ $ 1 1 , 7 6 0 . 0 0 2 0 . 1 0 $ $ 1 2 , 0 6 0 . 0 0 40 2 - 1 8 1 2 * R E C Y C L E D A S P H C O N C L E V E L I N G , I N C L BI T U M M A T L & H L I M E T N 37 0 0 $ 9 0 . 0 0 $ 3 3 3 , 0 0 0 . 0 0 6 7 . 5 2 $ $ 2 4 9 , 8 2 4 . 0 0 8 2 . 8 3 $ $ 3 0 6 , 4 7 1 . 0 0 40 2 - 3 1 2 1 * R E C Y C L E D A S P H C O N C 2 5 M M S U P E R P A V E , GP 1 O R 2 I N C L B I T U M M A T L & H L I M E T N 75 0 $ 9 0 . 0 0 $ 6 7 , 5 0 0 . 0 0 6 9 . 9 0 $ $ 5 2 , 4 2 5 . 0 0 7 5 . 8 4 $ $ 5 6 , 8 8 0 . 0 0 40 2 - 3 1 3 0 * R E C Y L E D A S P H C O N C 1 2 . 5 M M S U P E R P A V E , GP 2 O N L Y , I N C L B I T U M M A T L & H L I M E T N 12 3 0 $ 9 0 . 0 0 $ 1 1 0 , 7 0 0 . 0 0 7 0 . 0 0 $ $ 8 6 , 1 0 0 . 0 0 7 7 . 9 8 $ $ 9 5 , 9 1 5 . 4 0 40 2 - 3 1 3 1 * R E C Y C L E D A S P H C O N C 9 . 5 M M S U P E R P A V E , GP 2 O N L Y , I N C L B I T U M M A T L & H L I M E T N 12 0 $ 9 0 . 0 0 $ 1 0 , 8 0 0 . 0 0 7 0 . 0 0 $ $ 8 , 4 0 0 . 0 0 1 2 0 . 0 0 $ $ 1 4 , 4 0 0 . 0 0 41 3 - 1 0 0 0 * B I T U M T A C K C O A T G L 53 1 $ 2 . 0 0 $ 1 , 0 6 2 . 0 0 3 . 6 1 $ $ 1 , 9 1 6 . 9 1 3 . 4 3 $ $ 1 , 8 2 1 . 3 3 44 1 - 0 0 1 6 DR I V E W A Y C O C R E T E , 6 I N T H I C K S Y 15 0 0 $ 3 5 . 0 0 $ 5 2 , 5 0 0 . 0 0 4 2 . 2 9 $ $ 6 3 , 4 3 5 . 0 0 3 9 . 7 0 $ $ 5 9 , 5 5 0 . 0 0 44 1 - 0 1 0 4 CO N C S I D E W A L K , 4 I N S Y 31 0 0 $ 5 0 . 0 0 $ 1 5 5 , 0 0 0 . 0 0 3 3 . 0 8 $ $ 1 0 2 , 5 4 8 . 0 0 3 2 . 9 5 $ $ 1 0 2 , 1 4 5 . 0 0 44 1 - 0 2 1 4 RE I N F C O N C R E T E D I T C H P A V I N G , 4 I N , I N C L R E I N F ST E E L SY 15 0 $ 3 5 . 0 0 $ 5 , 2 5 0 . 0 0 4 2 . 5 2 $ $ 6 , 3 7 8 . 0 0 4 9 . 4 5 $ $ 7 , 4 1 7 . 5 0 B U N G A L O W R O A D I M P R O V E M E N T S PR O J E C T N U M B E R : 3 2 3 - 0 4 - 2 9 9 8 2 3 5 9 5 En g i n e e r ' s L i s t B e a m s C o n t r a c t i n g , I n c M a B u s B r o t h e r s Pa g e 1 o f 6 Attachment number 1 Page 1 of 6 Item # 47 IT E M N O . D E S C R I P T I O N U N I T Q T Y U N I T P R I C E T O T A L U N I T P R I C E T O T A L U N I T P R I C E T O TA L B U N G A L O W R O A D I M P R O V E M E N T S PR O J E C T N U M B E R : 3 2 3 - 0 4 - 2 9 9 8 2 3 5 9 5 En g i n e e r ' s L i s t B e a m s C o n t r a c t i n g , I n c M a B u s B r o t h e r s 44 1 - 4 0 2 0 CO N C V A L L E Y G U T T E R , 6 I N S Y 21 0 0 $ 3 5 . 0 0 $ 7 3 , 5 0 0 . 0 0 4 0 . 1 1 $ $ 8 4 , 2 3 1 . 0 0 3 9 . 7 0 $ $ 8 3 , 3 7 0 . 0 0 44 1 - 6 0 2 2 CO N C C U R B & G U T T E R , 6 I N X 3 0 I N , T P 2 L F 84 0 0 $ 1 5 . 0 0 $ 1 2 6 , 0 0 0 . 0 0 1 8 . 8 0 $ $ 1 5 7 , 9 2 0 . 0 0 1 5 . 5 5 $ $ 1 3 0 , 6 2 0 . 0 0 50 0 - 3 1 0 1 CL A S S “ A ” C O N C R E T E ( C O N C R E T E E N C A S E M E N T ) C Y 20 $ 2 5 0 . 0 0 $ 5 , 0 0 0 . 0 0 2 3 8 . 5 2 $ $ 4 , 7 7 0 . 4 0 2 0 1 . 7 0 $ $ 4 , 0 3 4 . 0 0 50 0 - 3 2 0 0 CL A S S “ B ” C O N C R E T E ( C O N C R E T E S T E P S ) C Y 10 $ 2 5 0 . 0 0 $ 2 , 5 0 0 . 0 0 8 0 2 . 4 5 $ $ 8 , 0 2 4 . 5 0 6 4 5 . 2 5 $ $ 6 , 4 5 2 . 5 0 50 0 - 3 8 0 0 CL A S S “ A ” C O N C R E T E , I N C L R E I N F S T E E L C Y 19 $ 2 5 0 . 0 0 $ 4 , 7 5 0 . 0 0 9 7 9 . 2 2 $ $ 1 8 , 6 0 5 . 1 8 1 , 2 0 1 . 7 0 $ $ 2 2 , 8 3 2 . 3 0 50 0 - 9 9 9 9 CL A S S “ B ” C O N C R E T E B A S E & P A V E M E N T WI D E N I N G CY 30 0 $ 2 5 0 . 0 0 $ 7 5 , 0 0 0 . 0 0 2 0 0 . 1 0 $ $ 6 0 , 0 3 0 . 0 0 1 2 5 . 2 5 $ $ 3 7 , 5 7 5 . 0 0 55 0 - 1 0 8 0 ST O R M D R A I N P I P E , 8 I N , H 1 – 1 0 ( Y A R D D R A I N S , PV C P I P E ) LF 80 0 $ 1 7 . 0 0 $ 1 3 , 6 0 0 . 0 0 2 2 . 7 8 $ $ 1 8 , 2 2 4 . 0 0 2 1 . 0 5 $ $ 1 6 , 8 4 0 . 0 0 55 0 - 1 1 0 0 ST O R M D R A I N P I P E , 1 0 I N , H 1 – 1 0 ( Y A R D D R A I N S , PV C P I P E ) LF 90 0 $ 2 0 . 0 0 $ 1 8 , 0 0 0 . 0 0 2 5 . 9 0 $ $ 2 3 , 3 1 0 . 0 0 2 2 . 8 0 $ $ 2 0 , 5 2 0 . 0 0 55 0 - 1 1 5 0 ST O R M D R A I N P I P E , 1 5 I N , H 1 – 1 0 ( Y A R D D R A I N S , PV C P I P E ) LF 80 0 $ 2 5 . 0 0 $ 2 0 , 0 0 0 . 0 0 3 8 . 5 5 $ $ 3 0 , 8 4 0 . 0 0 4 1 . 0 0 $ $ 3 2 , 8 0 0 . 0 0 55 0 - 1 1 5 1 ST O R M D R A I N P I P E , 1 5 I N , H 1 – 1 0 ( R . C . P . ) L F 35 $ 5 5 . 0 0 $ 1 , 9 2 5 . 0 0 3 6 . 4 4 $ $ 1 , 2 7 5 . 4 0 5 1 . 5 0 $ $ 1 , 8 0 2 . 5 0 55 0 - 1 1 5 2 ST O R M D R A I N P I P E , 1 5 I N , H 1 – 1 0 D U C T I L E I R O N L F 22 $ 6 0 . 0 0 $ 1 , 3 2 0 . 0 0 7 4 . 9 7 $ $ 1 , 6 4 9 . 3 4 7 2 . 1 0 $ $ 1 , 5 8 6 . 2 0 55 0 - 1 1 8 0 ST O R M D R A I N P I P E , 1 8 I N , H 1 – 1 0 ( R . C . P . ) L F 16 2 5 $ 7 0 . 0 0 $ 1 1 3 , 7 5 0 . 0 0 3 9 . 1 5 $ $ 6 3 , 6 1 8 . 7 5 5 4 . 1 0 $ $ 8 7 , 9 1 2 . 5 0 55 0 - 1 1 8 1 ST O R M D R A I N P I P E , 1 8 I N , H 1 – 1 0 D U C T I L E I R O N L F 13 0 0 $ 7 5 . 0 0 $ 9 7 , 5 0 0 . 0 0 7 6 . 8 2 $ $ 9 9 , 8 6 6 . 0 0 7 7 . 2 0 $ $ 1 0 0 , 3 6 0 . 0 0 55 0 - 1 2 4 0 ST O R M D R A I N P I P E , 2 4 I N , H 1 – 1 0 ( R . C . P . ) L F 32 5 $ 8 0 . 0 0 $ 2 6 , 0 0 0 . 0 0 5 1 . 6 2 $ $ 1 6 , 7 7 6 . 5 0 6 3 . 7 5 $ $ 2 0 , 7 1 8 . 7 5 55 0 - 1 2 4 1 ST O R M D R A I N P I P E , 2 4 I N , H 1 – 1 0 D U C T I L E I R O N L F 45 0 $ 7 5 . 0 0 $ 3 3 , 7 5 0 . 0 0 1 1 0 . 6 2 $ $ 4 9 , 7 7 9 . 0 0 9 8 . 9 0 $ $ 4 4 , 5 0 5 . 0 0 55 0 - 1 3 0 0 ST O R M D R A I N P I P E , 3 0 I N , H 1 – 1 0 ( R . C . P . ) L F 40 0 $ 8 0 . 0 0 $ 3 2 , 0 0 0 . 0 0 7 1 . 5 3 $ $ 2 8 , 6 1 2 . 0 0 7 4 . 7 5 $ $ 2 9 , 9 0 0 . 0 0 55 0 - 1 3 6 0 ST O R M D R A I N P I P E , 3 6 I N , H 1 – 1 0 ( R . C . P . ) L F 85 0 $ 9 0 . 0 0 $ 7 6 , 5 0 0 . 0 0 8 5 . 6 2 $ $ 7 2 , 7 7 7 . 0 0 8 6 . 1 0 $ $ 7 3 , 1 8 5 . 0 0 55 0 - 1 4 2 0 ST O R M D R A I N P I P E , 4 2 I N , H 1 – 1 0 ( ( R . C . P . ) L F 47 5 $ 1 0 0 . 0 0 $ 4 7 , 5 0 0 . 0 0 1 0 4 . 5 0 $ $ 4 9 , 6 3 7 . 5 0 1 0 5 . 0 5 $ $ 4 9 , 8 9 8 . 7 5 55 0 - 1 4 2 1 ST O R M D R A I N P I P E , 4 2 I N , H 1 – 1 0 D U C T I L E I R O N L F 17 5 $ 1 2 5 . 0 0 $ 2 1 , 8 7 5 . 0 0 2 1 6 . 1 3 $ $ 3 7 , 8 2 2 . 7 5 1 8 5 . 5 0 $ $ 3 2 , 4 6 2 . 5 0 55 0 - 3 0 0 0 EL L I P T I C A L P I P E – 1 9 I N X 3 0 I N L F 80 $ 1 5 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 8 6 . 8 7 $ $ 6 , 9 4 9 . 6 0 1 3 8 . 8 0 $ $ 1 1 , 1 0 4 . 0 0 Pa g e 2 o f 6 Attachment number 1 Page 2 of 6 Item # 47 IT E M N O . D E S C R I P T I O N U N I T Q T Y U N I T P R I C E T O T A L U N I T P R I C E T O T A L U N I T P R I C E T O TA L B U N G A L O W R O A D I M P R O V E M E N T S PR O J E C T N U M B E R : 3 2 3 - 0 4 - 2 9 9 8 2 3 5 9 5 En g i n e e r ' s L i s t B e a m s C o n t r a c t i n g , I n c M a B u s B r o t h e r s 55 0 - 3 0 0 1 EL L I P T I C A L P I P E – 2 4 I N X 3 8 I N L F 50 $ 1 5 0 . 0 0 $ 7 , 5 0 0 . 0 0 1 5 5 . 0 8 $ $ 7 , 7 5 4 . 0 0 1 5 1 . 1 0 $ $ 7 , 5 5 5 . 0 0 55 0 - 3 3 1 8 SA F E T Y E N D S E C T I O N 1 8 I N , 4 : 1 S L O P E E A 2 $ 5 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 7 0 1 . 0 0 $ $ 1 , 4 0 2 . 0 0 6 7 3 . 0 0 $ $ 1 , 3 4 6 . 0 0 55 0 - 4 2 1 8 FL A R D E N D S E C T I O N , 1 8 I N , S T O R M D R A I N E A 1 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 4 8 0 . 0 0 $ $ 4 8 0 . 0 0 4 7 3 . 0 0 $ $ 4 7 3 . 0 0 60 3 - 1 0 1 8 ST O N E P L A I N R I P – R A P , 1 8 I N S Y 25 0 $ 4 5 . 0 0 $ 1 1 , 2 5 0 . 0 0 4 1 . 0 6 $ $ 1 0 , 2 6 5 . 0 0 6 6 . 0 0 $ $ 1 6 , 5 0 0 . 0 0 60 3 - 7 0 0 0 PL A S T I C F I L L T E R F A B R I C S Y 25 0 $ 1 5 . 0 0 $ 3 , 7 5 0 . 0 0 4 . 7 1 $ $ 1 , 1 7 7 . 5 0 3 . 0 0 $ $ 7 5 0 . 0 0 61 0 - 0 2 0 0 RE M C H L K F E N C E , A L L S I Z E S & T Y P E S L F 14 2 5 $ 5 . 0 0 $ 7 , 1 2 5 . 0 0 2 . 8 4 $ $ 4 , 0 4 7 . 0 0 3 . 0 0 $ $ 4 , 2 7 5 . 0 0 61 0 - 0 2 2 0 RE M W O O D F E N C E LF 40 0 $ 5 . 0 0 $ 2 , 0 0 0 . 0 0 3 . 9 7 $ $ 1 , 5 8 8 . 0 0 5 . 0 0 $ $ 2 , 0 0 0 . 0 0 61 0 - 0 2 4 0 RE M W R O U G H T I R O N F E N C E L F 10 0 $ 5 . 0 0 $ 5 0 0 . 0 0 4 . 5 4 $ $ 4 5 4 . 0 0 7 . 0 0 $ $ 7 0 0 . 0 0 61 0 - 4 9 8 0 RE M W O O D P L A N T E R E A 1 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 4 5 4 . 0 0 $ $ 4 5 4 . 0 0 5 0 0 . 0 0 $ $ 5 0 0 . 0 0 61 0 - 4 9 8 1 RE M B R I C K P L A N T E R E A 1 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 6 8 1 . 0 0 $ $ 6 8 1 . 0 0 5 0 0 . 0 0 $ $ 5 0 0 . 0 0 61 1 - 3 0 0 0 RE C O N S T R U C T C A T C H B A S I N , G P 1 E A 1 $ 1 , 2 0 0 . 0 0 $ 1 , 2 0 0 . 0 0 2 , 3 7 4 . 0 0 $ $ 2 , 3 7 4 . 0 0 2 , 7 0 0 . 0 0 $ $ 2 , 7 0 0 . 0 0 61 1 - 4 8 9 0 RE S E T W R O U G H T I R O N F E N C E L F 10 0 $ 5 . 0 0 $ 5 0 0 . 0 0 1 0 . 2 2 $ $ 1 , 0 2 2 . 0 0 2 0 . 0 0 $ $ 2 , 0 0 0 . 0 0 61 1 - 4 8 9 2 RE C O N S T R U C T W O O D P L A N T E R E A 1 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 1 , 3 6 2 . 0 0 $ $ 1 , 3 6 2 . 0 0 5 0 0 . 0 0 $ $ 5 0 0 . 0 0 61 1 - 4 8 9 3 RE C O N S T R U C T B R I C K P L A N T E R E A 1 $ 5 0 0 . 0 0 $ 5 0 0 . 0 0 1 , 8 1 6 . 0 0 $ $ 1 , 8 1 6 . 0 0 2 , 0 0 0 . 0 0 $ $ 2 , 0 0 0 . 0 0 61 1 - 5 0 2 9 RE S E T C H L K F E N C E , A L L S I Z E S & T Y P E S E A 14 2 5 $ 5 . 0 0 $ 7 , 1 2 5 . 0 0 6 . 8 1 $ $ 9 , 7 0 4 . 2 5 8 . 0 0 $ $ 1 1 , 4 0 0 . 0 0 61 1 - 5 0 3 0 RE S E T W O O D F E N C E E A 40 0 $ 5 . 0 0 $ 2 , 0 0 0 . 0 0 1 4 . 7 6 $ $ 5 , 9 0 4 . 0 0 1 5 . 0 0 $ $ 6 , 0 0 0 . 0 0 61 1 - 8 0 5 0 AD J U S T M A N H O L E T O G R A D E E A 5 $ 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 5 4 8 . 1 5 $ $ 2 , 7 4 0 . 7 5 5 0 0 . 0 0 $ $ 2 , 5 0 0 . 0 0 61 1 - 8 0 5 5 AD J U S T M I N O R S T R U C T U R E T O G R A D E E A 3 $ 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 1 , 2 2 8 . 4 5 $ $ 3 , 6 8 5 . 3 5 5 0 0 . 0 0 $ $ 1 , 5 0 0 . 0 0 61 1 - 8 1 2 0 AD J U S T W A T E R M E T E R B O X T O G R A D E E A 30 $ 3 0 0 . 0 0 $ 9 , 0 0 0 . 0 0 1 2 1 . 5 6 $ $ 3 , 6 4 6 . 8 0 5 0 0 . 0 0 $ $ 1 5 , 0 0 0 . 0 0 61 1 - 8 1 4 0 AD J U S T W A T E R V A L V E B O X T O G R A D E E A 20 $ 3 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 2 6 1 . 3 3 $ $ 5 , 2 2 6 . 6 0 2 5 0 . 0 0 $ $ 5 , 0 0 0 . 0 0 Pa g e 3 o f 6 Attachment number 1 Page 3 of 6 Item # 47 IT E M N O . D E S C R I P T I O N U N I T Q T Y U N I T P R I C E T O T A L U N I T P R I C E T O T A L U N I T P R I C E T O TA L B U N G A L O W R O A D I M P R O V E M E N T S PR O J E C T N U M B E R : 3 2 3 - 0 4 - 2 9 9 8 2 3 5 9 5 En g i n e e r ' s L i s t B e a m s C o n t r a c t i n g , I n c M a B u s B r o t h e r s 61 1 - 9 0 0 0 CA P P I N G M I N O R S T R U C T U R E S E A 2 $ 1 , 2 0 0 . 0 0 $ 2 , 4 0 0 . 0 0 6 3 0 . 1 0 $ $ 1 , 2 6 0 . 2 0 2 , 5 0 0 . 0 0 $ $ 5 , 0 0 0 . 0 0 63 6 - 1 0 3 1 HI G H W A Y S I G N S , T P 1 M A T L , R E F S H E E T I N G T P 6 S F 15 0 $ 1 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 2 3 . 2 0 $ $ 3 , 4 8 0 . 0 0 2 1 . 3 2 $ $ 3 , 1 9 8 . 0 0 63 6 - 1 0 3 2 HI G H W A Y S I G N S , T P 2 , M A T L , R E F S H E E T I N G T P 6 S F 51 $ 1 0 0 . 0 0 $ 5 , 1 0 0 . 0 0 3 2 . 2 0 $ $ 1 , 6 4 2 . 2 0 2 9 . 3 0 $ $ 1 , 4 9 4 . 3 0 63 6 - 2 0 7 0 GA L V S T E E L P O S T S , T P 7 L F 23 0 $ 1 0 . 0 0 $ 2 , 3 0 0 . 0 0 1 8 . 9 3 $ $ 4 , 3 5 3 . 9 0 1 7 . 4 0 $ $ 4 , 0 0 2 . 0 0 64 7 - 1 0 0 0 TR A F F I C S I G N A L , I N S T A L L A T I O N N O . 1 L S 1 $ 5 0 , 0 0 0 . 0 0 $ 5 0 , 0 0 0 . 0 0 1 2 1 , 0 5 3 . 0 0 $ $ 1 2 1 , 0 5 3 . 0 0 1 1 0 , 0 4 3 . 0 0 $ $ 1 1 0 , 0 4 3 . 0 0 65 3 - 0 1 2 0 TH E R M O P L A S T I C P V M T M A R K I N G , A R R O W , T P 2 E A 8 $ 5 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 7 6 . 7 2 $ $ 6 1 3 . 7 6 7 7 . 2 5 $ $ 6 1 8 . 0 0 65 3 - 1 5 0 1 TH E R M O P L A S T I C S O L I D T R A F S T R I P E , 5 I N , W H I T E L F 40 0 $ 2 . 0 0 $ 8 0 0 . 0 0 0 . 4 4 $ $ 1 7 6 . 0 0 0 . 4 5 $ $ 1 8 0 . 0 0 65 3 - 1 5 0 2 TH E R M O P L A S T I C S O L I D T R A F S T R I P E , 5 I N , YE L L O W LF 83 0 0 $ 2 . 0 0 $ 1 6 , 6 0 0 . 0 0 0 . 4 4 $ $ 3 , 6 5 2 . 0 0 0 . 4 5 $ $ 3 , 7 3 5 . 0 0 65 3 - 1 7 0 4 TH E R M O P L A S T I C S O L I D T R A F S T R I P E , 2 4 I N , W H I T E L F 45 0 $ 2 5 . 0 0 $ 1 1 , 2 5 0 . 0 0 3 . 2 8 $ $ 1 , 4 7 6 . 0 0 3 . 3 1 $ $ 1 , 4 8 9 . 5 0 65 3 - 1 8 0 4 TH E R M O P L A S T I C S O L I D T R A F S T R I P E , 8 I N , W H I T E L F 38 0 0 $ 8 . 0 0 $ 3 0 , 4 0 0 . 0 0 2 . 1 9 $ $ 8 , 3 2 2 . 0 0 2 . 2 1 $ $ 8 , 3 9 8 . 0 0 65 3 - 6 0 0 6 TH E R M O P L A S T I C T R A F S T R I P I N G , Y E L L O W S Y 55 0 $ 1 0 0 . 0 0 $ 5 5 , 0 0 0 . 0 0 3 . 2 8 $ $ 1 , 8 0 4 . 0 0 3 . 3 1 $ $ 1 , 8 2 0 . 5 0 65 4 - 1 0 0 1 RA I S E D P A V E M E N T M A R K E R S , T P 1 E A 20 0 $ 3 . 0 0 $ 6 0 0 . 0 0 5 . 4 8 $ $ 1 , 0 9 6 . 0 0 5 . 5 2 $ $ 1 , 1 0 4 . 0 0 65 4 - 1 0 0 3 RA I S E D P A V E M E N T , M A R K E R S T P 3 E A 6 $ 3 . 0 0 $ 1 8 . 0 0 5 . 4 8 $ $ 3 2 . 8 8 5 . 5 2 $ $ 3 3 . 1 2 66 0 - 0 8 0 6 SA N . S E W E R P I P E , 6 I N , D U C T I L E I R O N L F 40 $ 2 0 . 0 0 $ 8 0 0 . 0 0 8 5 . 7 3 $ $ 3 , 4 2 9 . 2 0 3 8 . 9 5 $ $ 1 , 5 5 8 . 0 0 66 8 - 1 1 0 0 CA T C H B A S I N , G P 1 EA 50 $ 3 , 5 0 0 . 0 0 $ 1 7 5 , 0 0 0 . 0 0 2 , 2 0 0 . 0 0 $ $ 1 1 0 , 0 0 0 . 0 0 2 , 6 9 0 . 0 0 $ $ 1 3 4 , 5 0 0 . 0 0 66 8 - 1 1 1 0 CA T C H B A S I N , G P 1 , A D D L D E P T H L F 5 $ 2 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 2 1 7 . 8 0 $ $ 1 , 0 8 9 . 0 0 3 0 0 . 0 0 $ $ 1 , 5 0 0 . 0 0 66 8 - 1 2 0 0 CA T C H B A S I N , G P 2 E 4 $ 4 , 0 0 0 . 0 0 $ 1 6 , 0 0 0 . 0 0 2 , 5 5 7 . 2 7 $ $ 1 0 , 2 2 9 . 0 8 3 , 6 2 0 . 0 0 $ $ 1 4 , 4 8 0 . 0 0 66 8 - 1 2 0 5 CA T C H B A S I N , S P E C I A L D E S I G N ( S T R U C T U R E A 1 2 ) E A 1 $ 4 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 5 , 1 8 0 . 0 0 $ $ 5 , 1 8 0 . 0 0 7 , 8 6 0 . 0 0 $ $ 7 , 8 6 0 . 0 0 66 8 - 1 2 1 0 CA T C H B A S I N , G P 2 , A D D L D E P T L F 1 $ 2 0 0 . 0 0 $ 2 0 0 . 0 0 2 3 9 . 5 6 $ $ 2 3 9 . 5 6 4 0 0 . 0 0 $ $ 4 0 0 . 0 0 66 8 - 2 1 0 0 DR O P I N L E T , G P 1 EA 3 $ 3 , 8 0 0 . 0 0 $ 1 1 , 4 0 0 . 0 0 1 , 6 2 2 . 1 0 $ $ 4 , 8 6 6 . 3 0 2 , 1 6 2 . 0 0 $ $ 6 , 4 8 6 . 0 0 Pa g e 4 o f 6 Attachment number 1 Page 4 of 6 Item # 47 IT E M N O . D E S C R I P T I O N U N I T Q T Y U N I T P R I C E T O T A L U N I T P R I C E T O T A L U N I T P R I C E T O TA L B U N G A L O W R O A D I M P R O V E M E N T S PR O J E C T N U M B E R : 3 2 3 - 0 4 - 2 9 9 8 2 3 5 9 5 En g i n e e r ' s L i s t B e a m s C o n t r a c t i n g , I n c M a B u s B r o t h e r s 66 8 - 4 3 0 0 ST O R M S E W E R M A N H O L E , T P 1 E A 8 $ 4 , 5 0 0 . 0 0 $ 3 6 , 0 0 0 . 0 0 2 , 0 3 6 . 6 3 $ $ 1 6 , 2 9 3 . 0 4 1 , 7 5 0 . 0 0 $ $ 1 4 , 0 0 0 . 0 0 66 8 - 4 4 0 0 ST O R M S E T W E R , M A N H O L E , T P 2 E A 1 $ 5 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 2 , 4 5 5 . 4 1 $ $ 2 , 4 5 5 . 4 1 3 , 7 5 0 . 0 0 $ $ 3 , 7 5 0 . 0 0 66 8 - 5 0 0 5 JU N C T I O N B O X , S P E C I A L D E S I G N ( S T R U C T U R E A 1 3 ) E A 1 $ 2 , 2 0 0 . 0 0 $ 2 , 2 0 0 . 0 0 6 , 1 4 5 . 0 8 $ $ 6 , 1 4 5 . 0 8 5 , 6 3 3 . 0 0 $ $ 5 , 6 3 3 . 0 0 66 8 - 5 0 0 6 JU N C T I O N B O X , S P E C I A L D E S I G N ( S T R U C T U R E A 1 7 ) E A 1 $ 2 , 2 0 0 . 0 0 $ 2 , 2 0 0 . 0 0 6 , 7 3 1 . 6 4 $ $ 6 , 7 3 1 . 6 4 3 , 2 6 0 . 0 0 $ $ 3 , 2 6 0 . 0 0 66 8 - 7 0 1 5 DR A I N I N L E T , 1 5 I N ( Y A R D D R A I N ) ( B O X T Y P E ) E A 85 $ 1 , 5 0 0 . 0 0 $ 1 2 7 , 5 0 0 . 0 0 9 9 1 . 4 5 $ $ 8 4 , 2 7 3 . 2 5 1 , 2 0 0 . 0 0 $ $ 1 0 2 , 0 0 0 . 0 0 67 0 - 9 7 3 0 RE L O C A T E E X I S T W A T E R M E T E R , I N C L B O X E A 20 $ 3 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 3 5 0 . 3 4 $ $ 7 , 0 0 6 . 8 0 5 0 0 . 0 0 $ $ 1 0 , 0 0 0 . 0 0 67 0 - 9 9 2 0 RE M O V E E X I S T F I R E H Y D R A N T E A 3 $ 7 5 0 . 0 0 $ 2 , 2 5 0 . 0 0 5 0 4 . 6 3 $ $ 1 , 5 1 3 . 8 9 6 0 0 . 0 0 $ $ 1 , 8 0 0 . 0 0 70 0 - 6 9 1 0 GR A S S I N G C O M P L E T E ( 3 . 5 A C ) L S 1 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 9 , 0 0 0 . 0 0 $ $ 9 , 0 0 0 . 0 0 5 , 4 0 7 . 0 0 $ $ 5 , 4 0 7 . 0 0 S - 1 D 15 ” D I A M E T E R P V C S A N I T A R Y S E W E R P I P E S D R 3 5 , DE P T H 0 ’ T O 6 ’ , I N C L U D I N G T Y P E I I ( N O . 6 7 S T O N E ) BE D D I N G M A T E R I A L L F 26 0 0 $ 6 0 . 0 0 $ 1 5 6 , 0 0 0 . 0 0 5 4 . 3 6 $ $ 1 4 1 , 3 3 6 . 0 0 4 0 . 2 0 $ $ 1 0 4 , 5 2 0 . 0 0 S- 9 E 16 ” D I A M E T E R D U C T I L E I R O N S A N I T A R Y S E W E R PI P E C L A S S 3 5 0 , D E P T H 0 ’ T O 6 ’ , C O A T E D W I T H PR O T E C T O 4 0 1 , I N C L U D I N G T Y P E I I ( N O . 6 7 S T O N E ) BE D D I N G M A T E R I A L L F 82 $ 8 2 . 0 0 $ 6 , 7 2 4 . 0 0 1 5 8 . 8 0 $ $ 1 3 , 0 2 1 . 6 0 9 0 . 0 0 $ $ 7 , 3 8 0 . 0 0 S – 2 0 A PR E - C A S T S A N I T A R Y M A N H O L E , G A D O T S T D 10 1 1 A , T Y P E 1 , D E P T H 0 ’ T O 6 ’ ( 4 8 ” D I A M E T E R ) E A 15 $ 2 , 0 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 2 , 1 0 8 . 8 8 $ $ 3 1 , 6 3 3 . 2 0 1 , 5 6 5 . 0 0 $ $ 2 3 , 4 7 5 . 0 0 S- 2 1 A AD D I T I O N A L S A N I T A R Y M A N H O L E D E P T H , T Y P E 1 , DE P T H C L A S S 1 , ( 4 8 ” D I A M E T E R ) V F 30 $ 1 7 5 . 0 0 $ 5 , 2 5 0 . 0 0 1 5 8 . 8 0 $ $ 4 , 7 6 4 . 0 0 1 9 0 . 0 0 $ $ 5 , 7 0 0 . 0 0 S – 3 0 6” S A N I T A R Y S E W E R S E R V I C E , L O N G S I D E , CO M P L E T E EA 35 $ 1 , 0 0 0 . 0 0 $ 3 5 , 0 0 0 . 0 0 9 5 2 . 4 6 $ $ 3 3 , 3 3 6 . 1 0 1 , 0 6 0 . 0 0 $ $ 3 7 , 1 0 0 . 0 0 S – 3 0 6” S A N I T A R Y S E W E R S E R V I C E , S H O R T S I D E , CO M P L E T E EA 35 $ 8 0 0 . 0 0 $ 2 8 , 0 0 0 . 0 0 4 5 2 . 1 0 $ $ 1 5 , 8 2 3 . 5 0 8 1 0 . 2 0 $ $ 2 8 , 3 5 7 . 0 0 W – 2 A 6” D I A M E T E R D U C T I L E I R O N W A T E R TR A N S M I S S I O N M A I N C L A S S 3 5 0 , S T A N D A R D J O I N T L F 55 0 $ 2 2 . 0 0 $ 1 2 , 1 0 0 . 0 0 2 5 . 2 2 $ $ 1 3 , 8 7 1 . 0 0 2 1 . 9 5 $ $ 1 2 , 0 7 2 . 5 0 W- 6 MI S C E L L A N E O U S P I P E F I T T I I N G A N D CO N N E C T I O N S LB 10 0 0 $ 5 . 0 0 $ 5 , 0 0 0 . 0 0 3 . 7 3 $ $ 3 , 7 3 0 . 0 0 4 . 9 0 $ $ 4 , 9 0 0 . 0 0 W- 7 6” D I A M E T E R T R A N S I T I O N C O U P L I N G S ( 6 ” H Y M A X CO U P L I N G O R E Q U I V A L E N T ) E A 2 $ 2 0 0 . 0 0 $ 4 0 0 . 0 0 2 4 7 . 0 4 $ $ 4 9 4 . 0 8 3 5 3 . 0 0 $ $ 7 0 6 . 0 0 W- 8 FI R E H Y D R A N T , I N S T A L L E D C O M P L E T E W I T H VA L V E , L E A D P I P E , J O I N T R E S T R A I N T , A N D BL O C K I N G EA 1 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 2 , 4 5 3 . 7 9 $ $ 2 , 4 5 3 . 7 9 2 , 8 5 9 . 0 0 $ $ 2 , 8 5 9 . 0 0 Pa g e 5 o f 6 Attachment number 1 Page 5 of 6 Item # 47 IT E M N O . D E S C R I P T I O N U N I T Q T Y U N I T P R I C E T O T A L U N I T P R I C E T O T A L U N I T P R I C E T O TA L B U N G A L O W R O A D I M P R O V E M E N T S PR O J E C T N U M B E R : 3 2 3 - 0 4 - 2 9 9 8 2 3 5 9 5 En g i n e e r ' s L i s t B e a m s C o n t r a c t i n g , I n c M a B u s B r o t h e r s W- 1 0 A 6” I N – L I N E G A T E V A L V E , I N C L U D I N G V A L V E B O X , IN S T A L L E D , C O M P L E T E O P E N L E F T E A 20 $ 6 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 7 8 6 . 2 8 $ $ 1 5 , 7 2 5 . 6 0 6 1 0 . 0 0 $ $ 1 2 , 2 0 0 . 0 0 W- 1 3 6” T A P P I N G S L E E V E , V A L V E , V A L V E B O X , CO M P L E T E EA 1 $ 2 , 3 0 0 . 0 0 $ 2 , 3 0 0 . 0 0 4 , 4 0 4 . 5 1 $ $ 4 , 4 0 4 . 5 1 3 , 3 0 5 . 0 0 $ $ 3 , 3 0 5 . 0 0 W- 1 3 12 ” T A P P I N G S L E E V E , V A L V E , V A L V E B O X , CO M P L E T E EA 1 5, 2 8 5 . 7 6 $ $ 5 , 2 8 5 . 7 6 7 , 0 0 7 . 0 0 $ $ 7 , 0 0 7 . 0 0 W- 1 5 NE W 6 ” L O N G S I D E W A T E R S E R V I C E , I N S T A L L E D , IN C L U D I N G R E - C O N N E C T I O N , C O M P L E T E E A 4 $ 1 , 5 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 8 1 0 . 0 0 $ $ 3 , 2 4 0 . 0 0 9 6 3 . 0 0 $ $ 3 , 8 5 2 . 0 0 W- 1 6 NE W 6 ” S H O R T S I D E W A T E R S E R V I C E , I N S T A L L E D , IN C L U D I N G R E - C O N N E C T I O N , C O M P L E T E E A 4 $ 1 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 5 7 5 . 3 6 $ $ 2 , 3 0 1 . 4 4 7 1 3 . 0 0 $ $ 2 , 8 5 2 . 0 0 W- 1 8 TI E – I N T O E X I S T I N G L I N E E A 1 $ 1 , 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 1 , 9 1 3 . 8 0 $ $ 1 , 9 1 3 . 8 0 1 , 6 5 5 . 0 0 $ $ 1 , 6 5 5 . 0 0 W – 2 A 6” D I A M E T E R D U C T I L E I R O N W A T E R TR A N S M I S S I O N M A I N C L A S S 3 5 0 , S T A N D A R D J O I N T L F 40 5 0 $ 3 5 . 0 0 $ 1 4 1 , 7 5 0 . 0 0 2 5 . 2 2 $ $ 1 0 2 , 1 4 1 . 0 0 2 1 . 9 5 $ $ 8 8 , 8 9 7 . 5 0 W- 4 JA C K A N D B O R E 1 2 ” D I A M E T E R S T E E L C A S I N G , MI N I M U M W A L L T H I C K N E S S 0 . 2 5 I N C H , W I T H 6 ” DI A M E T E R R E S T R A I N E D J O I N T D U C T I L E I R O N CA R R I E R P I P E , E N D S E A L S , C A L S S 3 5 0 I N C L U D E D L F 50 $ 1 3 0 . 0 0 $ 6 , 5 0 0 . 0 0 1 9 4 . 9 3 $ $ 9 , 7 4 6 . 5 0 2 4 4 . 5 0 $ $ 1 2 , 2 2 5 . 0 0 W- 6 MI S C E L L A N E O U S P I P E F I T T I N G S A N D CO N N E C T I O N S LB 42 0 0 $ 5 . 0 0 $ 2 1 , 0 0 0 . 0 0 2 . 1 4 $ $ 8 , 9 8 8 . 0 0 4 . 9 0 $ $ 2 0 , 5 8 0 . 0 0 W- 7 6” D I A M E T E R T R A N S I T I O N C O U P L I N G S ( 6 ” H Y M A X CO U P L I N G O R E Q U I V A L E N T ) E A 2 $ 2 0 0 . 0 0 $ 4 0 0 . 0 0 2 4 7 . 2 6 $ $ 4 9 4 . 5 2 3 5 3 . 0 0 $ $ 7 0 6 . 0 0 W- 8 FI R E H Y D R A N T , I N S T A L L E D C O M P L E T E W I T H VA L V E , L E A D P I P E , J O I N T R E S T R A I N T , A N D BL O C K I N G EA 4 $ 3 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 2 , 4 5 3 . 7 9 $ $ 9 , 8 1 5 . 1 6 2 , 8 5 9 . 0 0 $ $ 1 1 , 4 3 6 . 0 0 W- 1 0 A 6” I N - L I N E G A T E V A L V E , I N C L U D I N G V A L V E B O X , IN S T A L L E D , C O M P L E T E , O P E N R I G H T / L E F T E A 10 $ 6 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 7 8 6 . 2 8 $ $ 7 , 8 6 2 . 8 0 6 1 0 . 0 0 $ $ 6 , 1 0 0 . 0 0 W- 1 3 6” T A P P I N G S L E E V E , V A L V E , V A L V E B O X , CO M P L E T E EA 1 $ 2 , 3 0 0 . 0 0 $ 2 , 3 0 0 . 0 0 4 , 4 0 4 . 5 1 $ $ 4 , 4 0 4 . 5 1 3 , 3 0 5 . 0 0 $ $ 3 , 3 0 5 . 0 0 W- 1 5 NE W 6 ” L O N G S I D E W A T E R S E R V I C E , I N S T A L L E D , IN C L U D I N G R E - C O N N E C T I O N , C O M P L E T E E A 29 $ 1 , 5 0 0 . 0 0 $ 4 3 , 5 0 0 . 0 0 8 1 0 . 0 0 $ $ 2 3 , 4 9 0 . 0 0 9 6 3 . 0 0 $ $ 2 7 , 9 2 7 . 0 0 W- 1 6 NE W 6 ” S H O R T S I D E W A T E R S E R V I C E , I N S T A L L E D , IN C L U D I N G R E - C O N N E C T I O N , C O M P L E T E E A 36 $ 1 , 0 0 0 . 0 0 $ 3 6 , 0 0 0 . 0 0 5 7 5 . 3 6 $ $ 2 0 , 7 1 2 . 9 6 7 1 3 . 0 0 $ $ 2 5 , 6 6 8 . 0 0 W- 1 8 TI E – I N T O E X I S T I N G L I N E E A 7 $ 1 , 5 0 0 . 0 0 $ 1 0 , 5 0 0 . 0 0 1 , 9 1 3 . 8 0 $ $ 1 3 , 3 9 6 . 6 0 1 , 6 5 5 . 0 0 $ $ 1 1 , 5 8 5 . 0 0 $3 , 4 4 2 , 9 7 4 . 0 0 $ 3 , 5 1 9 , 9 8 4 . 7 0 $ 3 , 6 7 2 , 7 7 0 . 6 5 TO T A L S Pa g e 6 o f 6 Attachment number 1 Page 6 of 6 Item # 47 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET BUNGALOW ROAD IMPROVEMENTS CHANGE NUMBER THREE Capital Project Budget is hereby authorized: Section 1: This project is authorized to CPB#323-04-299823595. This project proposes to widen Bungalow Road, add curbs and gutter, sidewalks and an underground drainage system from Richmond Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III $2,068,000 Augusta Utilities 200,000 SPLOST Phase III Recapture 1,420,000 GDOT 400,000 $4,088,000 Section 3: The following amounts are appropriated for the project: By Basin By District Varies $4,088,000 2nd $4,088,000 Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved ____________________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#323-04-299823595 Honorable Deke Copenhaver, Mayor BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Hill Road to US 25 (Peach Orchard Road). 1 of 2 June 18, 2007 Attachment number 2 Page 1 of 2 Item # 47 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET BUNGALOW ROAD IMPROVEMENTS CHANGE NUMBER THREE CPB#323-04-299823595 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPECIAL 1% SALES TAX, PHASE III 324-04-1110-0000000-000000000 ($776,000)($776,000) 323-00-0000-0000000-000000000 ($1,292,000) ($1,292,000) GDOT FUNDING ($400,000) ($400,000) SPLOST PHASE III RECAPTURE 323-04-29682333 ($1,420,000) ($1,420,000) AUGUSTA UTILITIES 509043420-5425210/80150245-5425210 ($200,000)($200,000) TOTAL SOURCES:($2,268,000) ($1,820,000) ($4,088,000) USE OF FUNDS ADVERTISING 323-04-1110-5233119-299823595 $2,000 $2,000 ENGINEERING 323-04-1110-5212115-299823595 $91,000 $91,000 RIGHT OF WAY 323-04-1110-5411120-299823595 $105,000 $105,000 UTILITIES 323-04-1110-5414510-299823595 $35,000 $35,000 CONSTRUCTION 323-04-1110-5414110-299823595 $1,700,000 $1,820,000 $3,520,000 509043420-5425210/80150245-5425210 $200,000 $200,000 CONTINGENCY 323-04-1110-6011110-299823595 $135,000 $135,000 TOTAL USES:$2,268,000 $1,820,000 $4,088,000 2 of 2 June 18, 2007 Attachment number 2 Page 2 of 2 Item # 47 CommissionMeetingAgenda 7/10/20072:00PM EngineeringServicesforsewerservicefornewBrow nRdMiddleSchool Department:UtilitiesEngineering caption2:ApproveEngineeringContractfromZELEngineersfor the designofasewerlinetoservepropertiesalongBr ownRoad andanewmiddleschool. Background:InFall2006,representativesfromtheBoardofEdu cation metwithAUDtodeterminethefeasibilityofprovid ing sewerservicetoanewmiddleschoolsiteonInadd itionto theBoardandAUD,residentialdeveloperswereinte restedin havingaccesstothesewerlineforseveralnewsub divisions. Allthreepartiesagreedtoacost-sharingagreemen tforthe constructioncostoftheline.Thatagreementwill followina separateagendaitem. Subsequently,AUDmetwithZELEngineerstodiscuss the scopeandcosttoperformthework.ZELhasrespon dedwith aproposaltoperformtheengineeringdesign,erosi onand sedimentationcontrolplan(s),NPDES,NOI,easement preparation,andservicesduringconstruction.ZEL wasa firmthatrespondedtothe2004bondissueRFQand thathad aninterestinprojectsofthisscope. Analysis:Thepriceforthescopeofworklistedinthepropo salis $28,600.00.Basedonprojectsofsimilarscope,AUD has determinedthisfeetobereasonableandinlinewi th historicaltrendsandindustrystandards. FinancialImpact:$28,600.00fromRenewalandExtensionAccount Alternatives:NoneRecommended. Recommendation:WerecommendapprovingtheEngineeringContractfro m ZELEngineersforthedesignofasewerlinetoser ve Cover Memo Item # 48 propertiesalongBrownRdandanewmiddleschool. Fundsare Availableinthe Following Accounts: $28,600from507043420-5212115/80700040-5212115 REVIEWEDANDAPPROVEDBY : Finance. Procurement. Administrator. ClerkofCommission Cover Memo Item # 48 June 4, 2007 Mr. N. Max Hicks, P.E., Director Augusta-Richmond Co. Utilities Dept. 360 Bay Street, Suite 180 Augusta, GA 30901 RE: Brown Rd Area Sewer Professional Services Proposal Dear Mr. Hicks: We are pleased to offer this proposal for professional services for the referenced project as requested by the Mr. Byne. The attached Professional Services Worksheet presents our estimates of manpower requirements and the costs of services, including: xAll regulatory issues (SE&SC 3-phase, NPDES, NOI) xAll surveying design, and easements, and plats xPreliminary engineering and letter report xDesign services for one (1) construction contract xBid assistance xEngineering services during construction, including: o Shop drawing review o Conflict resolution o Closure Documents and Record Drawings o Certification xAll reimbursable expenses. We propose to render the normal services listed for a lump sum fee of $28,600. If you have any questions in this regard, please let us know. Yours truly, ZIMMERMAN, EVANS AND LEOPOLD, INC. Jorge E. Jiménez, P. E. Principal JEJ:st cc: Mr. Wes Byne, P. E., Assistant Director AUD, Engineering Enclosure Attachment number 1 Page 1 of 1 Item # 48 Attachment number 2 Page 1 of 1 Item # 48 Augusta Utilities Dept. Brown Rd Sewer 4-Jun-07 Construction Description Quantity Cost Estimate 8" PVC 7547 188,675$ MHs 15 37,500$ Clear Grub 5.00 17,500$ Connect ls 10,000$ Grassing 5.00 3,000$ Erosion Control 7600.00 22,800$ Sub Total 279,475$ Contingency @20%55,895$ Sub Total 335,370$ Easement Acquisition 5 5,000$ Total 340,370$ Engineering Hrs Cost Review Existing Drawings 2 190$ Review Existing Site Conditions 10 710$ Field Survey 80 4,600$ Drawing of Existing Conditions 80 4,720$ Sewer Design 72 4,440$ Erosion Control Plan 74 5,140$ NPDES 21 1,335$ Cost Estimate 12 810$ Contract Documents 16 1,040$ Final Closeout, Marked up Documents 16 1,040$ Construction Admin @ 1/3 of basic costs 126 5,746$ Total 509 24,025$ Easement Plats 6 3,000$ Reimbursable costs (printing and mileage)1,583$ Engineering Total 28,608$ Item # 48 CommissionMeetingAgenda 7/10/20072:00PM FinancialCloseoutsofSplostProjects Department:AbieL.Ladson,P.E.,DirectorEngineeringDrpartme nt caption2:ApprovetheFinancialCloseoutsofSPLOSTprojects that wereprogrammedover10yearsagofortheEngineeri ng Departmentandneverdesignedorconstructed.Thef unding fortheseprojectswillberedirectedbackintothe irrespective FundRecaptureAccount. Background:Belowisalistofprojectsbudgetedover10years ago.No documentationtoinitiateanyactivitytostartthe processof anyoftheseprojectscanbefoundinTheEngineeri ng DepartmentorTheFinanceDepartment.Therefore,in an efforttocontinuetheprogressoffundingcurrent projectsand withthecostsofconstructionrising,weareaskin gtoredirect fundingfromtheseprojectstotheirrespectiveFun d RecapturePhase.YearBudgetedProjectProject#Amount Budgeted1996CraneCreek296812303$150 ,000 1996LaneyWalker@EastBN/A$15,0001 996 MartinL.KingDrImp296812010$273,794 1996 NewSavannahRoad296823120$1,431,0001996 RaesCreekPhII296812305$257,0001996 Third LevelCleaning296812014$491,5061996W illow CreekN/A$40,0001999FuryFerryRoad 296823205$22,0001999WaltonWayExt 299822370$1,385,0001999WashingtonSidewa lkN/A $176,0002000PhinizySwampDrainage2008 23170 $273,8842002RifleRange202824830$ 55,000$4,570,184 Analysis:Whiletheseprojectsarestilldeemedimportant,it willbe beneficialandinthebestinterestofAugusta-Rich mond Countytocontinuewiththeprogressofcurrentpro jects. FinancialImpact:FundswillbetransferredtotherespectiveRecaptu rePhase Accounts. Cover Memo Item # 49 Alternatives:1)ApprovetheFinancialCloseoutsofSPLOSTprojec tsthat wereprogrammedover10yearsagoforTheEngineeri ng Departmentandneverdesignedorconstructed.Thef unding fortheseprojectswillberedirectedbackintothe irrespective FundRecaptureAccount.2)Donotapproveanddisco ntinue projectsduetofundingthatarecurrentlyinprogr ess. Recommendation:ApproveAlternativeNumberOne Fundsare Availableinthe Following Accounts: N/A REVIEWEDANDAPPROVEDBY : Finance. Administrator. ClerkofCommission Cover Memo Item # 49 CommissionMeetingAgenda 7/10/20072:00PM GarbageServiceExemption Department:ClerkofCommission caption2:Discussexemptionfromgarbageserviceofproperty owners wholive300ormorefeetfromthepublicright-of-way. (RequestedbyCommissionerSmith) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 50 CommissionMeetingAgenda 7/10/20072:00PM OneGeorgiaPassthroughEdgeGrant Department: caption2:MotiontoapproveOneGeorgiapass-throughgrantand letter ofsupportrequestfromMarcieWilhelmi,SpecialPr ojects Coordinator,GlobalEmergencyResources,onbehalf of "ProjectCyber." Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 51 Attachment number 1 Page 1 of 1 Item # 51 CommissionMeetingAgenda 7/10/20072:00PM TEECenter Department:ClerkofCommission caption2:Approverecommendedsite,managementagreementterm sheet,andoperationandmaintenancefundingplanf orthe Trade,EventandExhibit(TEE)Center. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 52 Attachment number 1 Page 1 of 14 Item # 52 Attachment number 1 Page 2 of 14 Item # 52 Attachment number 1 Page 3 of 14 Item # 52 Attachment number 1 Page 4 of 14 Item # 52 Attachment number 1 Page 5 of 14 Item # 52 Attachment number 1 Page 6 of 14 Item # 52 Attachment number 1 Page 7 of 14 Item # 52 Attachment number 1 Page 8 of 14 Item # 52 Attachment number 1 Page 9 of 14 Item # 52 Attachment number 1 Page 10 of 14 Item # 52 Attachment number 1 Page 11 of 14 Item # 52 Attachment number 1 Page 12 of 14 Item # 52 Attachment number 1 Page 13 of 14 Item # 52 Attachment number 1 Page 14 of 14 Item # 52 CommissionMeetingAgenda 7/10/20072:00PM WasteManagementLease Department:SolidWaste caption2:ApproveleasingpropertyfromWasteManagement. Background:TheSolidWasteDepartmentcurrentlytakesrecycles materialsfromitsresidentialprogram.Thismateri alissent toNorthAugusta,whereitisprocessedand recycled.Currently,wegetcharged$26.00perton foreach tonofmaterialswesend. Analysis:Augustahashadseveralcompaniescomeforwardono fferto purchaseourrecyclingmaterials.Theunsolicitedp rice quotesrangefromabout$60.00pertondeliveredto Atlanta, to$20-30pertonwiththeprocessorcollectingit inAugusta. Bytransitioningformasystemwherewepay$26.00 perton toasystemwherewegetpaid$20.00perton,this allows Augustatobreakevenontheprocessingofrecyclin g. CurrentlyAugustaprocessesabout250tonspermont h.This costsAugustaapproximately$6,500permonth.With the leasevaluesat$1,000permonth,andanoperations costof about$5.00perton($1,250)totransfertherecycl ing, Augustacouldsaveabout$4,350permonth. FinancialImpact:$1,000permonthforeachmonthweleasetheproper ty. Alternatives:1.ApproveleasingpropertyfromWasteManagement.2.Do notapprovetheleaseandpaymoreforrecycling. Recommendation:Option1 Fundsare Availableinthe Following Accounts: 542-04-4110/5224111 Cover Memo Item # 53 REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 53 AGREEMENT FOR LEASE OF REAL ESTATE THIS LEASE, (the "Lease") is made this ____ day of ___________, 2007, by and between GEORGIA WASTE SYSTEMS, INC., a Georgia corporation (hereinafter "Landlord"), and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, which is a consolidated local government having the status of a municipality and county, (hereinafter "Tenant"), W I T N E S S E T H : 1. PREMISES AND TERM Landlord, for and in consideration of the covenants and agreements herein contained on the part of the Tenant does demise and lease to the Tenant the transfer station floor together with ingress and egress thereto, located at 3946 Goshen Boulevard, in the City of Augusta, Augusta, Georgia and State of Georgia ("Premises") commencing on the ___ day of ________, 2007, and continuing from month to month thereafter until terminated by either Landlord or Tenant upon thirty (30) days advance written notice. 2. RENT AND SECURITY DEPOSIT Landlord and Tenant hereby agree that Tenant shall pay no security deposit to guarantee its obligations under this Lease. Tenant shall pay a monthly rental to Landlord in the sum of $1,000.00 payable on the first of each month, throughout the term of this Lease commencing on July 1, 2007 and continuing month to month for a term not to exceed eighteen (18) months (including the month of July, 2007). 3. TAXES, ASSESSMENTS AND UTILITIES Tenant is a local government and therefore does not taxes and assessments, general and special, which may be levied, assessed or imposed upon the Premises. Landlord represents and warrants that the Premises are directly serviced by, natural gas for heating and other purposes, water, sanitary sewer service, electric power and telephone service. Tenant shall pay for all utility charges used on the Premises by Tenant during the term of this Lease. 4. USE AND CARE OF PREMISES: ALTERATIONS BY TENANT SECTION 4.1. Tenant and all persons claiming by, through or under Tenant may use and occupy the Premises in the lawful operation of a commingling recycling facility. During the term of this Lease, Landlord may park trailers and store containers on the Premises. SECTION 4.2. If there is one or more building on the Premises, Landlord shall maintain and repair the roof and all structural portions of the Premises and all electrical, lighting, plumbing, heating, cooling and ventilating fixtures located thereon. Notwithstanding the foregoing, Tenant shall repair all damage to such items caused by Tenant, its agents, employees, contractors or invitees and not covered by insurance and maintain the Premises in a good and safe condition. SECTION 4.3. Landlord and Tenant agree that any and all fixed improvements made to the Premises by Tenant shall become the sole property of Landlord upon termination of the Lease as long as, in the sole opinion of Landlord, said improvements do not detract from the fair market value of the Premises, in which case, Tenant agrees to remove all of said improvements and return the Premises to Landlord in the same condition in which it was received on the commencement date of this Lease, normal wear and tear excepted. Notwithstanding the foregoing, Tenant shall be allowed to remove all personal property and trade fixtures owned by Tenant from the Premises. SECTION 4.4. Tenant shall not be responsible for any costs of Landlord under Landlord's covenants of quiet enjoyment and peaceable possession or Landlord's taxes due on Landlord's income, gross receipts or other similar items that are not reasonably considered to be in the nature of real estate taxes. SECTION 4.5. Tenant may not make any alterations and changes to the Premises without Landlord’s advance written consent except for painting, cleaning, carpet repair/replacement and workstation rearrangement. If Tenant shall alter or change the Premises during the term of this Lease, Tenant shall comply with the Americans with Disabilities Act of 1990 ("ADA") and all statutes, ordinances, laws, orders, rules, regulations and requirements of all applicable federal, Attachment number 1 Page 1 of 6 Item # 53 state, county and other agencies or authorities now in effect with respect to the use, occupation or alteration of the Premises ("Laws") and, upon request of Landlord, shall deliver evidence thereof reasonably satisfactory to Landlord. SECTION 4.6. During the term of this Lease, Tenant shall keep, afford and allow access to Landlord to the Premises at all reasonable times. Seller shall have the right to show the Premises to realtors and prospective purchasers. Except in emergency, Landlord shall give at least twenty-four (24) hours advance notice, written or oral, of its intent to gain access to the Premises. SECTION 4.7. Tenant shall vacate and deliver up the Premises upon the expiration of the term of this Lease, or any renewal thereof, or sooner termination of the term of this Lease, in good, clean, sanitary condition, reasonable wear and tear excepted. 5. CASUALTY In case of damage to or destruction of all or part of the Premises or all or part of the fixtures or improvements thereon by fire or other casualty, and subject to Landlord’s receipt of sufficient insurance proceeds, Landlord shall promptly repair, restore or rebuild the same to no less than the condition existing immediately prior to the occurrence of such fire or other casualty. However, within fourteen (14) days after such damage or destruction of the Premises, either party shall have the option of terminating this Lease with seven (7) days' prior written notice to the other party. 6. INSURANCE Landlord covenants and agrees that it will at all times, at its sole cost and expense, keep the building or buildings and improvements on the Premises, if any, insured under a fire insurance policy with extended coverage endorsements for not less than its full or their full insurance value above foundations. Tenant covenants and agrees that it will at all times during the term hereof carry, for the mutual benefit of the Landlord and of the Tenant, $2,000,000.00 general public liability insurance against claims for personal injury, death or property damage, occurring in, on or about the Premises in amounts and coverages as reasonably determined by the Landlord. 7. INDEMNIFICATION SECTION 7.1. To the extent allowed by law, Tenant agrees to defend, indemnify and save the Landlord harmless from and against any and all liability, loss, damage, Environmental Damages, as defined herein, and expense (including reasonable attorneys' fees) and from and against any and all suits, claims and demands of every kind and nature due to Tenant's negligence or breach hereof, made by or on behalf of any and all persons, firms or corporations, arising out of or based upon any accident, injury or damage, however occurring, which happens in, on or about the Premises or entrances thereto during the term of this Lease or arising out of or based upon the use, occupation or operation of said Premises or facilities during the term hereof or arising out of any breach or default on the part of the Tenant in the performance or observance of any covenant or agreement on the part of the Tenant to be performed or observed pursuant to the terms of this Lease. Nothing in this section shall relieve Landlord from liability resulting from its own negligence, willful misconduct or breach of its obligations under this Lease. SECTION 7.2. Landlord agrees to give Tenant prompt written notice of any claims or demands against the Landlord arising out of or based upon any of the liabilities, losses or expenses against which Tenant is bound to defend, indemnify and save harmless the Landlord. Tenant shall have full control over any claim or litigation, and Landlord shall reasonably cooperate with Tenant in such efforts. SECTION 7.3. Tenant shall indemnify and save harmless Landlord from and against all mechanics' liens and notices thereof and all claims thereof on account of any materials furnished or labor performed in, about or in connection with the Premises or the sidewalks and curbs adjacent thereto, if any, except those arising from work undertaken by Landlord. Should any such lien be filed, Tenant shall promptly bond or otherwise discharge the same. SECTION 7.4. Landlord agrees to defend, indemnify and save the Tenant harmless from and against any and all liability, loss, damage, Environmental Damages, as defined herein, and expense (including reasonable attorneys' fees) and from and against any and all suits, claims and demands of every kind and nature due to Landlord's Attachment number 1 Page 2 of 6 Item # 53 negligence, willful misconduct or breach hereof, made by or on behalf of any and all persons, firms or corporations, arising out of or based upon any accident, injury or damage, however occurring, which happened prior to or after the term hereof on or about the Premises or entrances thereto or arising out of or based upon the maintenance, repair, alteration, use, occupation or operation of said Premises or facilities prior to or after the term hereof or arising out of any breach or default on the part of the Landlord in the performance or observance of any covenant or agreement on the part of the Landlord to be performed or observed pursuant to the terms of this Lease. Nothing in this section shall relieve Tenant from liability resulting from its own negligence, willful misconduct or breach of its obligations under this Lease. SECTION 7.5. Tenant agrees to give Landlord prompt notice of any claims or demands against the Tenant arising out of or based upon any of the liabilities, losses or expenses against which Landlord is bound to defend, indemnify and save harmless the Tenant. Landlord shall have full control over any claim or litigation, and Tenant shall reasonably cooperate with Landlord in such efforts. 8. UNDERGROUND STORAGE TANKS/ENVIRONMENTAL REPRESENTATIONS SECTION 8.1. As used herein, "Hazardous Substance" means any substance that is toxic, ignitable, reactive, radioactive, or corrosive and that is regulated by any local government, the State of Georgia, or the United States Government. "Hazardous Substance" includes any and all materials or substances that are now or hereafter defined as "hazardous waste," "extremely hazardous waste," "toxic substance," or a "hazardous substance" pursuant to state, federal, or local governmental law, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601, et seq.) and/or the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901, et seq.). In addition, "Hazardous Substance" includes but is not restricted to friable asbestos, polychlorinated biphenyls ("PCB's"), and petroleum, whether or not any such substance is regulated as a Hazardous Substance pursuant to applicable statutes or regulations. "Environmental Damages" means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs and expenses of whatever kind or nature, contingent or otherwise matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys' and consultants' fees, incurred at any time as a result of the existence prior to execution of this Lease of a Hazardous Substance upon, about, or beneath the Premises or migrating or threatening to migrate to or from the Premises, or the existence of a violation of any governmental requirement pertaining to the environment, health or safety arising from or relating to the Premises. SECTION 8.3. Except in compliance with all governmental requirements pertaining to health, safety and the environment, Tenant shall not knowingly cause or permit any Hazardous Substance to be used, stored, generated, or disposed of on, in or about the Premises by Tenant, Tenant's agents, employees, contractors, or invitees. If any Hazardous Substance is knowingly used, stored, generated, or disposed of on, in or about the Premises by Tenant or if Tenant causes any contamination of the Premises by a release of such Hazardous Substance for which Tenant is legally liable, Tenant shall upon request of the Landlord, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the release of any such Hazardous Substance on the Premises, including but not limited to any and all clean-up and remedial actions. 9. ASSIGNMENT AND SUBLETTING Tenant shall not assign this Lease without first obtaining the Landlord’s prior written consent, which consent shall not be unreasonably withheld. 10. FIXTURES All buildings and improvements on the Premises and all plumbing, heating, lighting, electrical and air conditioning fixtures and equipment and other articles of personal property used in the operation of such buildings attached to the Premises, sometimes herein referred to as, "Building Fixtures", if any, shall be and remain a part of the Premises and shall constitute the property of the Landlord. Attachment number 1 Page 3 of 6 Item # 53 11. NOTICES OR DEMANDS All notices, waivers, demands, requests or other communications required or permitted hereunder shall, unless otherwise expressly provided, be in writing and be deemed to have been properly given, served and received (a) if delivered by messenger, when delivered, (b) if mailed, on the third (3rd) business day after deposit in the United States certified or registered mail, postage prepaid, return receipt requested, (c) if telexed, telegraphed or telecopied, at the time in effect at the place of receipt, or at 8:00 a.m. on the next business day thereafter if time of receipt is later than 6:00 p.m., or (d) if delivered by reputable overnight express courier, freight prepaid, the next business day after delivery to such courier, in every case addressed to the party to be notified as following: If to Landlord: Georgia Waste Systems, Inc. 720 East Butterfield Road Lombard, Illinois 60148 Attention: Vice President of Real Estate Telecopier: (630) 268-9521 If to Tenant: Augusta, Georgia ______________________________ ______________________________ Telecopier: ____________________ or to such other address(es) or addressee(s) as any party entitled to receive notice hereunder shall designate to the others in the manner provided herein for the service of notices. Rejection or refusal to accept or inability to deliver because of changed address or because no notice of changed address was given, shall be deemed receipt. 12. DEFAULT AND REMEDIES UPON DEFAULT SECTION 12.1 If Tenant shall default in any of the covenants, agreements, conditions or undertakings herein contained to be kept, observed and performed by the Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to the Tenant, or if Tenant shall abandon the Premises, then and in any such event it shall be lawful for Landlord, at its election, to declare the term ended and to take appropriate legal action to re-enter and regain possession of the Premises. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Tenant, which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Tenant, and if Tenant prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Landlord shall not have the right to declare the said term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or reduce the right of Landlord to declare said term ended and enforce all of its rights and remedies hereunder for any default not so cured. SECTION 12.2. If a default occurs and is not cured within the time permitted herein, Landlord shall have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative with and in addition to any other right or remedy allowed under any law or other provisions of this Lease: a. Landlord may terminate this Lease, repossess the Premises by detainer suit or other lawful means, and recover as damages a sum of money equal to any amounts necessary to compensate Landlord for all detriment or damages proximately caused by Tenant's failure to perform its obligations under this Lease or that in the ordinary course would be likely to result therefrom. b. Landlord shall at all times have the rights and remedies (which shall be cumulative with any other rights of Landlord hereunder or under any law to seek any declaratory, injunctive or other equitable relief, and specifically enforce this Lease, or restrain or enjoin a violation or breach of any provision hereof. Such rights may be exercised at any time and from time to time. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable law, in the event of any default by Tenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease. c. No re-entry or repossession, repairs, changes, alterations and additional, reletting, acceptance of keys from Tenant, or any other action or omission by Landlord shall be construed as an election by Landlord to terminate this Lease or accept a surrender of the Premises, nor shall the same operate to release the Tenant in whole or in part from any of the Tenant's obligations hereunder, unless express written notice of such intention is sent by Landlord or its Attachment number 1 Page 4 of 6 Item # 53 agent to Tenant. The times set forth herein for the curing of defaults by Tenant are of the essence of this Lease. Tenant hereby irrevocably waives any right otherwise available under any law to redeem or reinstate this Lease. 13. SURRENDER OF POSSESSION If Tenant shall hold over beyond the expiration of the term herein provided or any renewal or extension thereof, Landlord may at its election either proceed to evict Tenant by legal proceedings or treat such holdover tenancy only as a month-to-month tenancy at a rental of $1,000.00 per month. If so elected by Landlord, such holdover tenancy may be terminated by either party hereto upon thirty days' prior written notice. 14. SUBORDINATION – ESTOPPEL SECTION 14.1. This Lease and Tenant's leasehold estate and all rights of Tenant hereunder shall be subject and subordinate at all times in all respects to the lien of any and all mortgages which Landlord may make upon any right, title or interest of Landlord in the Premises, and to any and all extensions and renewals and any and all new mortgages made in lieu of or in replacement of any such mortgage, provided that any such mortgage shall provide that so long as Tenant shall not be in default in the performance and observance of the terms, covenants, conditions and limitations in the Lease contained on the part of the Tenant to be performed and observed, no foreclosure of the lien of said mortgage for default thereof shall impair the right of Tenant to enjoy this Lease pursuant to its terms. In the event of acquisition of Landlord's interest in this Lease by any such mortgagee or anyone claiming through or under such mortgagee, Tenant will recognize as its Landlord such mortgagee or the person claiming through or under such mortgagee who shall so acquire title to the Landlord's interest in this Lease. SECTION 14.2. Tenant agrees to provide estoppel statements for benefit of future lenders or purchasers stating, if applicable and including but not limited to, that this Lease is in effect, the terms of rental payments and whether there exists any defaults by either party to the Lease. 15. BROKER'S COMMISSION Landlord and Tenant warrant, each to the other, that there are no brokers involved in this Lease transaction. If any other person shall assert a claim to a fee, commission or other compensation on account of alleged employment as a broker or finder or for performance of services as a broker or finder in connection with this Lease, the party hereto under whom the broker or finder is claiming shall indemnify and hold harmless the other party against and from any such claim and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought thereon. 16. CONDEMNATION SECTION 16.1. If the use, occupancy or title of the entire or a portion of the Premises or any interest thereinshall be taken, requisitioned or sold in, by or on account of any actual or threatened eminent domain proceeding or other action by any person having the power of eminent domain (the "Condemnation"), then and in that event the term of this Lease shall terminate upon Condemnation and any award, compensation or damages shall be Landlord’s only. SECTION 16.3. In case the taking of part of the Premises by Condemnation renders the Premises untenantable in whole or in part, at Landlord’s option, this Lease shall terminate. 17. MISCELLANEOUS SECTION 17.1. The captions of this Lease are for convenience only and are not to be construed as defining or limiting in any way the scope or intent of the provisions hereof. SECTION 17.2. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be affected thereby, but each term and provisions of this Lease shall be valid and be enforced to the fullest extent permitted by law. SECTION 17.3. This Lease shall be construed and enforced in accordance with the laws of the state in which the Premises is located. Attachment number 1 Page 5 of 6 Item # 53 SECTION 17.4. Landlord and Tenant agree that this Lease is not in consideration for or dependent or contingent in any manner upon any other contract, lease or agreement between them and that the term, rental and other provisions of this Lease are not intended by said parties to be tied in with any other such contract, lease or agreement; but on the contrary, this Lease and all of its provisions are entirely and completely independent of any other transactions or relationship between the parties. SECTION 17.5. The failure of the Landlord to enforce any term, covenant, condition, or agreement hereof by reason of its breach by the Tenant after notice had shall not be deemed to avoid or affect the right of the Landlord to enforce the same term, covenant, condition or agreement on the occasion of the subsequent default or breach. SECTION 17.6. All signatories to this Lease represent and warrant that he/she/they are sufficiently authorized to enter this Lease on behalf of their respective parties. IN WITNESS WHEREOF, the Landlord and the Tenant have caused these presents to be executed as of the day and year first hereinabove written. LANDLORD: TENANT: GEORGIA WASTE SYSTEMS, INC. AUGUSTA, GEORGIA By: _____________________________ By: _____________________________ Name: Name: David S. Copenhaver Title: _____________________________ Title: Mayor ATTEST: _____________________________________ Clerk of Commission SEAL SES-Revised June 7, 2007 Attachment number 1 Page 6 of 6 Item # 53 CommissionMeetingAgenda 7/10/20072:00PM Minutes Department:ClerkofCommission caption2:Motiontoapprovetheminutesoftheregularmeetin gofthe AugustaCommissionheldonJune19,2007. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 54 CommissionMeetingAgenda 7/10/20072:00PM HydePark Department: caption2:Request/receivestatusreportfromtheAdministrato rrelative toHydePark.(RequestedbyCommissionerMarion Williams) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 55 CommissionMeetingAgenda 7/10/20072:00PM Appointment Department:ClerkofCommission caption2:MotiontoapprovetheappointmentofMs.GeneiceMc Coy totheHB100RegionalBoard-Region12Board. (RequestedbyCommissionerBowles) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 56 Attachment number 1 Page 1 of 2 Item # 56 Attachment number 1 Page 2 of 2 Item # 56 CommissionMeetingAgenda 7/10/20072:00PM Administrator'sMonthlyReport Department: caption2:DiscussAdministrator'sMonthlyReport. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 57 CommissionMeetingAgenda 7/10/20072:00PM 1945RichmondEmployeesPensionFundActAmendedan dRestated Department:CountyAttorney caption2:Anordinancetoamendandrestatethe1945Richmond EmployeesPensionFundActandanyamendmentsthere after tocomplywiththeInternalRevenueServiceLawsan d Regulations;torepealallordinancesorpartsoro rdinancesin conflictwiththisordinance.(ApprovedbytheCom mission June19,2007-secondreading) Background:TheAugusta-RichmondCountyCommission,approvedth e restatementofthe“1945RichmondEmployeesPension Fund”effectiveJanuary1,1984,soastoconformt hePlan withrelevantprovisionsofFederalLawstoinclude TheTax EquityandFiscalResponsibilityActof1982,theD eficit ReductionActof1984,theRetirementEquityActof 1984, theTaxReformActof1986,theOmnibusBudget ReconciliationActof1986,TheOmnibusReconciliat ionAct of1987,theTechnicalandMiscellaneousRevenueAc tof 1988,theOmnibusBudgetReconciliationActof1989 and otherapplicablelaws.Ithasbeenreviewedbythe Employees'BenefitsCounselandsubmittedtotheIn ternal RevenueService.TheCityhasreceivedafavorable determinationletteronitssubmissionprovidedthe pension fundplanisre-adoptedincludingapprovedamendmen tsto reflectchangesinthetaxlaws.Thechangeswerem adeby theCounsel.Theauthoritytoamendtheoriginallo calAct havingbeengrantedbyO.C.G.A.Section36-35-3, providingforhomerulebymunicipalitiesandthe ConstitutionoftheStateofGeorgiaprovidingfor homerule bycounties.ThePlancoversemployeeshiredonor before September30,1975,meaningnoonehiredafterthat dateis eligibletoparticipateinthePlan. Analysis:ItisnecessaryfortheAugusta-RichmondCounty Commissiontoadopttheattachedamendedandrestat edAct fortaxpurposes. Cover Memo Item # 58 FinancialImpact:N/A Alternatives:None Recommendation:Amendandrestateasproposedthe1945“Richmond EmployeesPensionFund”whichincludesanyandall amendmentsnecessary,inopinionofCounsel,tocom ply withtheInternalRevenueServiceLawsandRegulati ons. Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 58 LEGAL_US_E # 70724062.5 DRAFT (11/21/2006) ORDINANCE NO. ______________ AN ORDINANCE TO AMEND AND RESTATE ORDINANCE NUMBER 6657, THE RICHMOND EMPLOYEES PENSION FUND ; ADOPTED ____________________; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES RICHMOND EMPLOYEES PENSION FUND As Amended and Restated Effective January 1, 1984 (Except as Otherwise Provided Herein) Attachment number 1 Page 1 of 41 Item # 58 TABLE OF CONTENTS PAGE LEGAL_US_E # 70724062.5 INTRODUCTION..........................................................................................................................1 SECTION 1 DEFINITIONS.................................................................................................3 1.01 Accrued Benefit......................................................................................................3 1.02 Actuarial Equivalent...............................................................................................3 1.03 Average Earnings...................................................................................................3 1.04 Beneficiary.............................................................................................................3 1.05 Code .......................................................................................................................3 1.06 Commission............................................................................................................4 1.07 Contributions..........................................................................................................4 1.08 Credited Service.....................................................................................................4 1.09 Earnings..................................................................................................................5 1.10 Effective Date.........................................................................................................6 1.11 Employee................................................................................................................6 1.12 Employer or County...............................................................................................6 1.13 Fund........................................................................................................................6 1.14 Interest....................................................................................................................6 1.15 Joint Annuitant. ....................................................................................................6 1.16 Participant...............................................................................................................7 1.17 Payee......................................................................................................................7 1.18 Plan.........................................................................................................................7 1.19 Plan Year................................................................................................................7 1.20 Total and Permanent Disability..............................................................................7 1.21 Trust Agreement or Trust.......................................................................................7 1.22 Trustee....................................................................................................................8 1.23 Vested Percentage..................................................................................................8 SECTION 2 ELIGIBILITY AND PARTICIPATION .........................................................8 2.01 Eligibility. .............................................................................................................8 2.02 Probationary Period................................................................................................8 2.03 Special Rules for Pre-1997.....................................................................................8 SECTION 3 RETIREMENT DATES AND BENEFITS.....................................................8 3.01 Normal Retirement. ..............................................................................................8 3.02 Early Retirement. .................................................................................................9 Attachment number 1 Page 2 of 41 Item # 58 LEGAL_US_E # 70724062.5 ii 3.03 Disability Retirement. ..........................................................................................9 3.04 Delayed Retirement. ...........................................................................................11 3.05 Termination of Employment................................................................................11 3.06 Cost-of-Living Adjustment of Benefits................................................................12 3.07 Required Distribution Rules Effective January 1, 1987 Through December 31, 2002................................................................................................................13 3.08 Required Distribution Rules Effective January 1, 2003.......................................15 3.09 Code Section 415 Limit........................................................................................19 3.10 Enhanced Early Retirement for 1996. ................................................................22 3.11 Special Unreduced Early Retirement. ................................................................22 3.12 Rollover Distributions. .......................................................................................23 3.13 Supplemental Retirement Benefits.......................................................................24 3.14 Past Increases .......................................................................................................24 3.15 Benefits Payable to Surviving Spouses................................................................25 SECTION 4 DEATH BENEFITS.......................................................................................25 4.01 Death Prior to Retirement. ...................................................................................25 4.02 Death After Retirement........................................................................................26 4.03 Adjusted Benefit. ................................................................................................26 4.04 Designation of Beneficiaries................................................................................26 SECTION 5 CONTRIBUTIONS........................................................................................27 5.01 County Contributions...........................................................................................27 5.02 Participant Contributions. ...................................................................................27 SECTION 6 ADMINISTRATION OF PLAN....................................................................28 6.01 Administration......................................................................................................28 SECTION 7 TRUST FUND AND TRUSTEES.................................................................29 7.01 Trust Fund............................................................................................................29 7.02 Amendment of Trust. .........................................................................................30 7.03 Discontinuance of Trust and Vesting. ................................................................30 7.04 Powers of the Commission...................................................................................30 7.05 Investment of Fund. ............................................................................................31 7.06 Taxation. .............................................................................................................32 7.07 Resignation of Trustee. ......................................................................................32 7.08 Successor Trustees. ............................................................................................32 Attachment number 1 Page 3 of 41 Item # 58 LEGAL_US_E # 70724062.5 iii 7.09 Disbursements. ...................................................................................................32 SECTION 8 AMENDMENT AND TERMINATION .......................................................32 8.01 Amendment of the Plan. .....................................................................................32 8.02 Termination of the Plan. .....................................................................................33 SECTION 9 MISCELLANEOUS.......................................................................................34 9.01 Headings. ............................................................................................................34 9.02 Construction.........................................................................................................34 9.03 Nonalienation. ....................................................................................................35 9.04 Legally Incompetent. ...........................................................................................35 9.05 Benefits Supported Only By Fund. ....................................................................35 9.06 Discrimination......................................................................................................35 9.07 Limitation of Liability; Legal Actions. ..............................................................35 9.08 Claims. ................................................................................................................36 9.09 Forfeitures. .........................................................................................................36 9.10 Maximum of One Benefit at a Time. .................................................................36 9.11 Applications. ......................................................................................................36 9.12 Report of Treasurer. ...........................................................................................36 9.13 Consequence of Plan Violation. .........................................................................36 Attachment number 1 Page 4 of 41 Item # 58 LEGAL_US_E # 70724062.5 1 RICHMOND EMPLOYEES PENSION FUND INTRODUCTION Effective March 1, 1945, the Board of Commissioners of Richmond County established the “Richmond Employees Pension Fund”, hereinafter referred to as the Plan. The Plan covers Employees hired on or before September 30, 1975, meaning no one hired after that date is eligible to participate in the Plan. On ___________ ___, 2006, the Augusta-Richmond County Commission, as successor to the Richmond County Board of Commissioners, approved this restatement of the Plan effective January 1, 1984 (except as otherwise provided herein) so as to conform the Plan with relevant provisions of the following federal laws: the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”), the Deficit Reduction Act of 1984 (“DEFRA”), the Retirement Equity Act of 1984 (“REA”), the Tax Reform Act of 1986, the Omnibus Budget Reconciliation Act of 1986, the Omnibus Budget Reconciliation Act of 1987, the Technical and Miscellaneous Revenue Act of 1988, the Omnibus Budget Reconciliation Act of 1989, the Omnibus Budget Reconciliation Act of 1990 (collectively referred to as “TRA’86”), the Unemployment Compensation Amendments of 1992 (“UCA’92”), the Omnibus Budget Reconciliation Act of 1993 (“OBRA’93”), the Uruguay Round Agreements Act (“GATT”), the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), the Small Business Job Protection Act of 1996 (“SBJPA”), the Taxpayer Protection Act of 1997 (“TRA’97”), the Internal Revenue Service Restructuring and Reform Act of 1998 (“RRA’98”), and the Community Renewal Tax Relief Act of 2000 (“CRA” and together with GATT, USERRA, SBJPA, TRA ’97, and RRA ’98 are referred to as “GUST”) and certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”), with such EGTRRA amendments being made as good faith compliance with the requirements of EGTRRA, to be construed in accordance with EGTRRA and guidance issued thereunder. It is the County’s intention to fully honor all benefits and rights that Plan Participants have accrued under the Plan prior to this restatement. The Plan shall be administered and construed accordingly, and the Plan’s administrator shall construe and interpret every provision of the Plan’s restatement in a manner that preserves each Plan Participant’s benefits or rights that accrued prior to ___________ ___, 2006. Nevertheless, any Participant whom the Commission does not classify as an Employee on or after January 1, 2006 shall have his benefits and rights determined under the provisions of the Plan that were in effect when the Commission last classified him or her as an Employee. Attachment number 1 Page 5 of 41 Item # 58 LEGAL_US_E # 70724062.5 2 Specifically, the restated Plan honors the following pre-2006 Plan provisions in the following manner: Plan Provision Prior Sections, per Relevant Ordinances Plan Section (as Adopted in 2006) Continued Participation for those employed on 9/30/1975 4 2.01 Funding: Creation and Administration 5 7 Plan Administration 6 6 Benefit Payments 7 7.09 County Contribution 8 5.01 Employee Contributions 9 5.02 Funding Adjustments per Actuary 10 5.01 Levying of Taxes 11 7.06 Fund Assets not County Property 12 7.01(a) Uniform Administration 13 9.06 Normal Retirement Benefits 14-(b) 3.01 Early Retirement Benefits 14-(b) 3.02 Delayed Retirement Benefits 14-(b) 3.04 Calculation of Benefits and Credited Service 14-(b); Paragraph IV 3.05 Cost of Living Adjustments 14-(b); Paragraph V 3.06 Enhanced Early Retirement Benefits 14.1 3.10 Age 35 limit on participation 15 Superseded and inapplicable Special Unreduced Early Retirement (20+ years) 16 3.11 Age 65 retirement 17 Incorporated into 3.01 Disability Retirement Benefits 18 3.03 Disability if 12+ years of service 19 3.03(a) (see parentheses) Past Increases to be honored 20 3.14 Return of Employee Contributions 20(A) 5.02(c) Cost of Living Adjustments 20(A) 3.06 Survivorship Benefit 21 4.01(a) Reemployment 22 1.08 (d) Honor Past Provisions 23 Introduction Surviving Spouse Benefits; Benefits for Widows of Employees Killed in Line of Duty 24(A); 24(B); and 24-C 4.02; and 4.01(b) The Plan will be administered by the Commission as described in Section 6. All benefits to be provided under the Plan will be funded under a trust established in accordance with Section 7. None of the retirement provisions of the Plan shall be construed to repeal or in any manner interfere with the Acts of the Extra Session of Georgia Laws, 1937-1938, pages 875-880, inclusive, designated “Richmond Officers and Employees Act” and amendments thereof; or hereafter made, provided, this Plan shall not be construed to include within the Plan any employee not heretofore covered by the “Richmond Officers and Employees Act.” Attachment number 1 Page 6 of 41 Item # 58 LEGAL_US_E # 70724062.5 3 SECTION 1 DEFINITIONS As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meanings indicated: 1.01 Accrued Benefit. The retirement benefit which the Participant has earned as of the date of determination, calculated under Subsection 3.01(b) on the basis of his Average Earnings and Credited Service, which is payable as of his Normal Retirement Date in the form of a life annuity, with a guarantee of the refund of Employee Contributions with Interest for the Participant who dies before receiving an amount of benefit payments that at least equal his Employee Contributions with interest. 1.02 Actuarial Equivalent. (a) A benefit of equal value computed on the basis of (a) the 1971 Group Annuity Mortality Table, and (b) interest at 6% compounded annually for forms of payment other than lump sum; the interest rate used to determine the equivalent lump sum value of monthly benefits will be in the PBGC schedule of immediate and graded deferred rates in effect on the first day of the Plan Year in which the benefit is calculated. (b) Effective January 1, 1995, the table referenced in clause (i) of subsection (a) shall be a mortality table based on a fixed blend of 50% of the male mortality rates and 50% the female mortality rates from the 83 GAM table, 83 GAM Unisex, as provided under Revenue Ruling 95-6. (c) Effective with respect to annuity starting dates on or after December 31, 2002, the table referenced in clause (i) of subsection (a) shall be a mortality table based upon a fixed blend of 50% of the unloaded male mortality rates and 50% of the unloaded female mortality rates underlying the mortality rates in the 1994 Group Annuity Reserving Table, projected to 2002, 94 GAR, as provided under Revenue Ruling 2001-62. 1.03 Average Earnings. The monthly average of a Participant’s Earnings for the five (5) consecutive calendar years immediately preceding the earlier to occur of: (a) the date on which the Participant’s employment with the County terminates for any reason or (b) the Participant’s actual retirement date. Average Earnings shall be determined by dividing the total Earnings received by the Participant during the appropriate five-year period, or lesser number of years if applicable, by the number of months for which he or she received earnings in such periods. 1.04 Beneficiary. The person(s) designated by the Participant in accordance with Section 4.04 who is entitled to receive benefits at the death of a Participant under Section 3 or 4. 1.05 Code. The Internal Revenue Code of 1986 as amended from time to time, and regulations or rulings issued thereunder. Attachment number 1 Page 7 of 41 Item # 58 LEGAL_US_E # 70724062.5 4 1.06 Commission. Augusta-Richmond County Commission, as successor to the Richmond County Board of Commissioners, which shall act in the dual capacity of administrator of the Plan and Trustee of the Fund. 1.07 Contributions. The payments made by the Participants to the Fund in accordance with Section 5. 1.08 Credited Service. (a) The number of years of uninterrupted and continuous employment (completed months expressed as a fractional year) of the Employee with the Employer from (a) the date he last entered the employment of the Employer, to (b) the earlier of his date of termination of employment for any reason or his actual retirement date. (b) Credited Service will not be interrupted by: (1) vacation, or approved leave of absence authorized by the Employer in accordance with a uniform policy applied on a nondiscriminatory basis to all Employees similarly situated; (2) voluntary or involuntary service in the Armed Forces of the United States, provided the Employee retains statutory reemployment rights under applicable state or federal law, and resumes employment after his honorable discharge from military duty within the time required by such law; (3) reelection or reappointment at the end of a term; or (4) periods during which the Employee incurs a Total and Permanent Disability within the meaning of Section 3.03, provided that he recovers from a Total and Permanent Disability and is reemployed by the Employer as required under Section 3.03(e) or 3.03(f). (c) For benefit purposes, no Participant will receive any credit for any period of inactive employment. For vesting purposes, an Employee who has one or more breaks in employment will receive credit only from his most recent date of reemployment. (d) Notwithstanding anything in this Section to the contrary, any Participant who before retirement, voluntarily separates from his employment as provided for in this Act, or is discharged, or his office or position abolished, as provided by the "Richmond Officers and Employees Act" appearing in Georgia Laws, Extra Session 1937-1938, pages 875-880, inclusive, as amended or hereafter amended, or is discharged by an elective officer of Richmond County under whom he is employed, and is thereafter re-employed as an Employee, upon the presentation to the Commission of a certificate from the County Physician of Richmond County, certifying that such Employee is in good health and able to perform actively the duties of his employment, his services prior to such separation or discharge shall be counted in his length of continuous permanent employment after being so Attachment number 1 Page 8 of 41 Item # 58 LEGAL_US_E # 70724062.5 5 re-employed, provided he shall pay back into the Fund, by paying the Treasurer, within twelve months of filing such certificate with the Commission, the amount refunded to such Participant by reason of such separation or discharge. (e) Effective December 12, 1994, notwithstanding anything in the Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Code. 1.09 Earnings. (a) The total salary, wages, or remuneration paid to the Participant by the Employer during any Plan Year. Effective as of January 1, 1998, the term “Earnings” shall also include any elective deferral (within the meaning of Code Section 402(g)(3)) and any amounts that are deferred by the Employer at the election of the Employee that are not included in the Employee’s gross income pursuant to Code Section 125 or 457. Effective January 1, 2001, Earnings shall also include elective amounts that are not includable in the Employee’s gross income by reason of Code Section 132(f)(4). With respect to Plan Years from January 1, 1989 through December 31, 1996, the rules of Code Section 414(q)(6) shall apply in determining a Participant’s Earnings, except that the term “family” includes only the Participant’s spouse and any lineal descendants who have not attained age 19 before the end of the Plan Year. (b) Effective January 1, 2006, a Participant’s Earnings shall be disregarded to the extent such Earnings exceed $220,000, as such amount may be adjusted from time to time for increases in the cost of living in accordance with the Code and regulations thereunder. With respect to Plan Years from January 1, 2005 through December 31, 2005, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$210,000”. With respect to Plan Years from January 1, 2004 through December 31, 2004, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$205,000”. With respect to Plan Years from January 1, 2002 through December 31, 2003, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$200,000”. With respect to Plan Years from January 1, 2001 through December 31, 2001, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$170,000”. With respect to Plan Years from January 1, 1994 through December 31, 2000, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$150,000”. With respect to Plan Years from January 1, 1989 through December 31, 1993, “$220,000” in the first sentence of this Section 1.14(b) shall be replaced with “$200,000”. With respect to Plan Years from January 1, 1976 through December 31, 1983, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$100,000”. (c) Notwithstanding anything in this Section 1.09 to the contrary, benefits for any retired County Attorney who retired under this Plan prior to October 1, 1975 shall be computed as if the Earnings for such County Attorney of Richmond County, Georgia is $20,000 per annum, notwithstanding what amount he County incurred Attachment number 1 Page 9 of 41 Item # 58 LEGAL_US_E # 70724062.5 6 or spent per annum for legal services, and the benefits shall be computed from January 1, 1973. 1.10 Effective Date. For purposes of this Plan as restated, except as otherwise set forth herein, the “Effective Date” shall be January 1, 1984. The Plan was originally established effective March 1, 1945. 1.11 Employee. Any employee, officer, appointee or electee of the Commission as now constituted or hereafter constituted, and any employee, officer, appointee under any official of the County as now constituted or hereafter constituted, by excluding: (a) any person for whom the County makes contributions directly to another retirement system or pension fund, including the Social Security retirement system; (b) any person whose customary employment is for less than thirty hours a week or an aggregate of less than six months in any calendar year; (c) employees of the Richmond County Department of Health and Department of Family and Children's Services of Richmond County; (d) the County Agent, County Home Demonstration Agent and the employees thereof; (e) officers elected by vote of the electorate; (f) the employees, officers, appointees and electees of the Department of Public Welfare of Richmond County, (g) the employees, officers, appointees and electees of the Richmond County Board of Health; and (h) the County Agent and County Home Demonstration Agent of Richmond County; 1.12 Employer or County. Augusta-Richmond County, as successor by consolidation to The City Council of Augusta and Richmond County, created by 1995 Ga. Laws p. 3648, as amended. 1.13 Fund. The Richmond County Pension Fund trust fund created in accordance with the Plan and Trust. 1.14 Interest. Interest credited on Contributions from the January 1 next following the date of which such Contributions are made to the earlier of: (a) the date of the Participant’s termination of employment for any reason and (b) the Participant’s Normal Retirement Date, with such interest compounded annually at the rate of 5% per annum. 1.15 Joint Annuitant. The person designated by the Participant to receive payments after the death of the Participant as provided in accordance with Section 3. Attachment number 1 Page 10 of 41 Item # 58 LEGAL_US_E # 70724062.5 7 1.16 Participant. An Employee who is eligible to participate in the Plan as provided in Section 2. 1.17 Payee. The Beneficiary or Joint Annuitant designated by the Participant in accordance with Section 1.04 or 1.15 to receive benefits under the Plan after his death. 1.18 Plan. The Richmond Employees Pension Fund as contained herein, all amendments thereto which may hereafter be made, and any existing acts of the General Assembly of Georgia pertaining to the Richmond Employees Pension Fund. The Plan shall include the Trust as hereinafter defined. 1.19 Plan Year. The twelve month period ending December 31 of each year. 1.20 Total and Permanent Disability. The Commission shall determine whether a Participant shall be considered Totally and Permanently Disabled and the Commission shall declare in its findings whether or not such disability is permanent and total. The Commission shall base its determination as to whether a Participant is Totally and Permanently Disabled on whether the Participant is not able, on account of disability received in the discharge of his duties, to adequately discharge the duties of his job or office, nor ever will be; provided that no Participant shall be declared to be Totally and Permanently Disabled to discharge the duties of his job or office, except upon the recommendation of three (3) reputable physicians, after examination, who shall consider the case and make their findings. One of the physicians shall be selected by the Commission, one by the Participant, and these two shall select the third. The recommendation of the physicians shall state that they "find the Participant totally and permanently disabled from performing the duties of his job or office” and or that they “do not find the Participant totally and permanently disabled from performing the duties of his job or office” and the majority report of the physicians shall govern. Should the report of the physicians state that they “find the Participant totally and permanently disabled from performing the duties of his job or office”, then the Employee shall be declared Totally and Permanently Disabled, and entitled to receive the benefit is provided in Section 3.03, and his right to receive the benefits shall date back to the time of injury. If, after the Employee is declared Totally and Permanently Disabled, he desires to accept other employment offered him by the Commission, with the County or under a County- elected official, and he is also able to perform such employment, as such duties, he shall be paid at least as much as he would receive from his pension but shall not receive a pension. If, after the Employee has accepted such new employment, he wishes to leave such employment for any reason fit he may be returned immediately to the pension list at the sum that he was retired on, and the Commission may strike him from the payroll and return him to the pension list at any time it sees fit. Notwithstanding anything in this Section to the contrary, whether a Participant is Totally and Permanently Disabled shall be subject to the exclusions set forth in Section 3.03. 1.21 Trust Agreement or Trust. The agreement of trust between the Commission, in its capacity as the governing body of the Employer and the Commission, in its capacity as Attachment number 1 Page 11 of 41 Item # 58 LEGAL_US_E # 70724062.5 8 Trustee, which shall govern the continuation and maintenance of the trust fund, and all amendments thereto. 1.22 Trustee. The Commission in its capacity as trustee. 1.23 Vested Percentage. Vested Percentage will be determined in accordance with Section 3.05. SECTION 2 ELIGIBILITY AND PARTICIPATION 2.01 Eligibility. Each Employee on September 30, 1975, who was a Participant in the Plan as of such date shall continue to participate in the Plan in accordance with the provisions hereof. No Employees hired after September 30, 1975 shall be eligible to become a Participant in this Plan. 2.02 Probationary Period. The probationary period is hereby fixed at one (1) year of continuous employment either before or after October 1, 1975, or total continuous employment for one (1) year, part of which is prior to October 1, 1975 and part of which is after October 1, 1975. 2.03 Special Rules for Pre-1997. Each Participant whom the Commission has not classified as an Employee on or after January 1, 1997, shall have his rights under the Plan determined in accordance with such terms of the Plan in effect on the last day of such classification as an Employee. SECTION 3 RETIREMENT DATES AND BENEFITS 3.01 Normal Retirement. Normal retirement under the Plan is retirement from the employ of the County on the Normal Retirement Date. In the event of normal retirement, payment of the retirement benefit shall be governed by the following provisions of this Section. (a) Normal Retirement Date. The Normal Retirement Date of a Participant shall be the first day of the month coincident with or next following the date he reaches age sixty (60). (b) Amount of Retirement Benefit. The monthly retirement benefit payable to a Participant who retires on his Normal Retirement Date shall be an amount equal to 2% of the Participant’s Average Earnings multiplied by the number of years of Credited Service up to a maximum of sixty percent (60%) of the Average Earnings. However, notwithstanding anything in the Plan to the contrary, a Participant will not receive any benefits under the Plan if the Commission in its sole discretion determines that the Participant was involuntarily separated from service with the County due to the Participant’s commission of any one or more of the following: (1) willful misconduct (2) self inflicted injury Attachment number 1 Page 12 of 41 Item # 58 LEGAL_US_E # 70724062.5 9 (3) attempt to injure another person (4) intoxication (5) a crime under any state or federal law (c) Payment of Retirement Benefit. The retirement benefit payable in the event of normal retirement shall be payable on the first day of each month. The first payment shall be made on the Participant’s Normal Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to Section 4.02. 3.02 Early Retirement. Early retirement under the Plan is retirement from the employ of the County prior to the Normal Retirement Date. Early retirement shall be authorized only in the event that the Participant shall have both attained age 50 and completed at least 15 years of Credited Service. In the event of early retirement under these conditions, payment of the retirement benefit shall be governed by the following provisions of this Section. Notwithstanding the foregoing, if a Participant receives special early retirement benefits under Section 3.09 or 3.10, the Participant shall be ineligible for benefits under Section 3.02. (a) Early Retirement Date. The Early Retirement Date of a Participant shall be the first day of the month coincident with or next following the date he retires from the employ of the County under the provision of this Section. (b) Amount of Retirement Benefit. A Participant at retirement on his Early Retirement Date shall at his option receive either: (1) a deferred monthly retirement benefit commencing on his Normal Retirement Date, provided he is then alive, equal to an amount computed in the same manner as for normal retirement in accordance with Section 3.01(b), but based on Credited Service and Average Earnings as of his Early Retirement Date; or (2) an immediate monthly retirement commencing on his Early Retirement Date equal to the benefit determined in Section 3.02(b) above, reduced by 5/12% for each complete month by which the Early Retirement Date of a Participant precedes his Normal Retirement Date. (c) Payment of Retirement Benefit: The monthly retirement benefit payable in the event of early retirement shall be payable on the first day of each month. The first payment shall be made on the optional date elected by the Participant under Section 3.02(b) above and the last payment shall be the payment due next preceding his date of death, subject to Section 4.02. (d) Effective Date. This Section 3.02 is effective as of December 11, 1984. 3.03 Disability Retirement. A Participant may retire under the Plan if he becomes Totally and Permanently Disabled from a cause arising out of and in the course of employment whether the Total and Permanent Disability is caused by injury or illness; and provided Attachment number 1 Page 13 of 41 Item # 58 LEGAL_US_E # 70724062.5 10 that he has, prior to his Total and Permanent Disability, continuously, actively performed the duties of his employment for at least one year as of March 1, 1945. (a) Notwithstanding anything in this Section to the contrary, a Participant shall not be entitled to receive any disability retirement benefit if the Participant’s Disability is a result of any of the following: (1) the Participant’s willful misconduct, (2) the Participant’s self-inflicted injury, (3) the Participant’s attempt to injure another, (4) Participant’s intoxication or (5) the Participant’s commission of a crime under the laws of this state or another state of the United States. (b) Disability Retirement Date. The Disability Retirement Date of a Participant shall be the first day of the month which coincides with or next follows the date the Commission approves payment of the Participant’s disability benefit. (c) Disability Retirement Benefit. The monthly retirement benefit payable to a Participant on his Disability Retirement Date shall be equal to one half of the highest Earnings that the Participant has received as a Participant within the period of seventy-two (72) months immediately preceding his Total and Permanent Disability; provided however, that should such Participant receive any Workmen's Compensation while so disabled, such Workmen's Compensation so received, excluding, medical, doctor, nursing and hospitalization, shall be subtracted from any pension voucher paid to the Participant, and he shall receive only the excess of any pension due him after the subtraction of the amount of Workmen’s Compensation received by him, less any other indebtedness due the County by the Participant. Such retirement shall herein be referred to as disability retirement and payment of the disability retirement benefit shall be governed by the following provisions of this Section. (d) Payment of Disability Retirement Benefit. The retirement benefit to which a Participant is entitled in the event of his Total and Permanent Disability shall be payable on the first day of each month. The first payment shall be made on the Participant’s Disability Retirement Date and the last payment shall be the payment due next preceding the earlier of: (a) his date of death (subject to the provisions of Section 4.02), or (b) the cessation of his Total and Permanent Disability prior to his Normal Retirement Date. (e) Termination of Disability Retirement Benefit. If the Participant’s Total and Permanent Disability ceases prior to his Normal Retirement Date and he does not reenter the employ of the County within 60 days after his recovery, all rights of the Participant in and to a disability retirement benefit shall cease and he shall be entitled solely to the benefits, if any, provided in: Attachment number 1 Page 14 of 41 Item # 58 LEGAL_US_E # 70724062.5 11 (1) Section 3.02, if he had satisfied the requirements for early retirement as of the date of inception of Total and Permanent Disability, or (2) Section 3.05, if he had not satisfied the requirements for early retirement, and (3) either such benefit shall be based on his Credited Service and Earnings as of the date of inception of Total and Permanent Disability. (f) If the Participant’s Total and Permanent Disability ceases prior to his Normal Retirement Date and he is re-employed by the County within 60 days following the date such Total and Permanent Disability ceases, his employment will be deemed to have been continuous; provided that the period beginning with the first month for which he received a disability payment and ending with the date of reemployment will not be considered as Credited Service for purposes of the Plan. 3.04 Delayed Retirement. Delayed retirement under the Plan is retirement from the employ of the County after the Normal Retirement Date. A Participant may remain in the active employ of the County beyond his Normal Retirement Date only at the request of the Commission and for such periods of additional employment as shall be mutually agreed upon; provided that the Plan’s administrator shall not interpret this sentence in a manner that would violate the Age Discrimination in Employment Amendments of 1986, as amended. In the event of delayed retirement, payment of the retirement benefit shall be governed by the following provisions of this Section. (a) Delayed Retirement Date. The Delayed Retirement Date of a Participant shall be the first day of the month coincident with or next following the date he actually retires from the employ of the County after his Normal Retirement Date. (b) Amount of Retirement Benefit. The monthly retirement benefit payable to a Participant who retires on his Delayed Retirement Date shall be an amount computed in the same manner as for normal retirement in accordance with Section 3.01(b), but based on Credited Service and Average Earnings as of his actual retirement date; provided, however, such amount shall not be less than the monthly benefit the Participant would have received had he retired on his Normal Retirement Date. (c) Payment of Retirement Benefit. The retirement benefit payable in the event of delayed retirement shall be payable on the first day of each month. The first payment shall be made on the Participant’s Delayed Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to Section 4.02. (d) Effective Date. This Section 3.04 is effective as of December 11, 1984. 3.05 Termination of Employment. (a) A Participant who terminates employment with the County prior to the completion of 10 years of Credited Service, for any reason other than death, Attachment number 1 Page 15 of 41 Item # 58 LEGAL_US_E # 70724062.5 12 disability (as defined within this act) or retirement, shall receive a lump-sum cash amount equal the total of his Contributions with 5% interest computed from January 1, 1977, payable within 60 days following his date of termination. (b) A Participant who terminates employment with the County for any reason other than death, disability, or early retirement after the completion of at least 10 years of Credited Service, shall receive a deferred retirement benefit commencing on his Normal Retirement Date, provided he is then alive, equal to the monthly benefit computed in the same manner as for normal retirement in accordance with Section 3.01(b) but determined as of his date of termination, multiplied by the applicable percentage (his “Vested Percentage”) based on completed years of Credited Service in accordance with the following tables Completed Years of Credited Service at Termination Date Applicable Percentages of Monthly Benefit Payable Effective Benefit Rate Less than 10 0% --0-- 10 50 10.0% 11 60 13.2 12 70 16.8 13 80 20.8 14 90 25.2 15 of more 100% 30.0 + (c) Notwithstanding anything in the Plan to the contrary, in lieu of the deferred monthly retirement benefit provided in Section 3.05(B), the terminated Participant (or his or her Beneficiary, if applicable) may elect to receive a lump-sum amount equal to the total of his Contributions with 5% Interest computed from January 1, 1977, such amount to be payable within 60 days following the date of termination. (d) Effective Date. This Section 3.05 is effective as of December 11, 1984. 3.06 Cost-of-Living Adjustment of Benefits. All retirement and disability benefits received under this Section 3 shall be adjusted annually pursuant to this Section 3.06. (a) Definition of Terms Used in This Section. (1) “Current Cost-of-Living Index” means the average of the monthly Consumer Price Index for the 12 month period ending December 31 each year as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. Attachment number 1 Page 16 of 41 Item # 58 LEGAL_US_E # 70724062.5 13 (2) “Participant Base Index” means A. For any Participant who dies or retires under the provisions of this Plan on or after October 1, 1975, the average of the Consumer Price Index for the twelve-month period ending prior to the date of death or retirement; B. For any Participant who dies or retired under this Plan prior to October 1, 1975, the average of the Consumer Price Index for the calendar year ending December 31, 1975. In the event the base year used in computing the monthly Consumer Price Index should be changed by the Bureau of Labor Statistics, the Commission, with the advice of the Plan actuary, shall adjust the Participant Base Index of each retired Participant with benefit payments commencing during the first year in which such change was made so as to effect the original intent of this Section in an equitable manner. (3) “Adjusted Participant Index” means the Participant Base Index adjusted for all percentage adjustments made in benefits prior to the current Annual Adjustment Date. (4) “Annual Adjustment Date” means March 1st of each year commencing (a) March 1, 1976 as to any Participant who dies or retires on or after October 1, 1975, and (b) March 1, 1976 as to any Participant who dies or retires on or before October 1, 1975. (b) Annual Adjustment. The Commission shall ascertain the Current Cost-of-Living Index as of January 1 each year and the benefits being paid under Sections 3, 4, or 5 to any Participants, Beneficiary, or Joint Annuitant, as previously adjusted under this Section, shall be further adjusted as of the Annual Adjustment Date as follows: (1) If the Current Cost-of-Living Index is more than 100% of the Adjusted Participant Index, the benefit shall be increased by a percentage equal to the difference between (a) the percentage representing the Current Cost- of-Living Index divided by the Adjusted Participant Index and (b) 100%. (2) If the Current Cost-of-Living Index is less than 100% of the Adjusted Participant Index, the benefit shall remain unchanged. (3) Effective December 6, 1979, notwithstanding the foregoing provisions of this Section, no increase in the amount of the monthly retirement benefit due to changes in the Current Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 5% of the amount of the monthly retirement benefit payable immediately prior to such date. (4) Effective Date. Except as otherwise noted, this Section 3.06 is effective as of December 11, 1984. 3.07 Required Distribution Rules Effective January 1, 1987 Through December 31, 2002. Attachment number 1 Page 17 of 41 Item # 58 LEGAL_US_E # 70724062.5 14 (a) Payment to the Participant. (1) Any other provision of the Plan notwithstanding, the Plan will cash-out each Participant’s Accrued Benefit, or will begin annuity payments, no later than the April 1 following the calendar year in which he retires, or the later calendar year in which he reaches age 70½. (2) The Plan will pay the Accrued Benefit over a period not extending beyond the Participant’s lifetime or life expectancy, or over a period not extending beyond the joint and last survivor life expectancies of the Participant and his spouse or other beneficiary, using age(s) attained as of the end of the calendar year in which the Participant retires (or reaches age 70½ if later), and the Accrued Benefit as of that date. However, if the beneficiary of a joint and survivor annuity form of payment is not the spouse and is more than 10 years younger than the Participant, payments to the beneficiary will not exceed the applicable percentage of the Participant’s benefit payments required by the incidental benefit rule. The Commission will not recalculate the life expectancy(s). (b) Participant’s Death After Benefits Begin. If the Participant dies after his payments have begun in a survivor annuity form, the Commission will pay the survivor benefits at least as rapidly as under the form of annuity in effect before his death. (c) Participant’s Death Before Benefits Begin. If the Participant dies before his payments have begun, the Commission will pay his entire Accrued Benefit no later than December 31 of the calendar year which contains the fifth anniversary of his death. However, this five-year rule will not apply if the primary Beneficiary is an individual and circumstances permit the Commission to use the exception described below. (1) Surviving Spouse as Primary Beneficiary. If the Participant’s surviving spouse is the Beneficiary, the Commission will begin payments not later than the end of the calendar year during which the Participant would have reached age 70½, and will continue payments over a period not extending beyond the Participant’s spouse’s life expectancy, using age attained as of that date and not recalculated. (2) Non-Spouse Primary Beneficiary. If the Beneficiary is an individual other than the Participant’s spouse, the Commission will begin payments not later than the last day of the calendar year following the year in which the Participant’s death occurs, and will continue payments over a period not extending beyond the Beneficiary’s life, or life expectancy determined as of that date and not recalculated. If the Beneficiary dies before receiving 120 payments under the ten years certain and life annuity described in Section 5.02, the Commission will continue to use the primary Beneficiary’s life expectancy for purposes of making payments to an individual contingent Beneficiary. Attachment number 1 Page 18 of 41 Item # 58 LEGAL_US_E # 70724062.5 15 (d) Compliance with Code Section 401(a)(9). Effective January 1, 1987, it is the intent of the Commission that this Section provide that the beginning dates and payment periods of benefits payable to each Participant and Beneficiary will be within the limitations permitted under Code Section 401(a)(9), as in effect from time to time, and the proposed regulations under Code Section 401(a)(9) published in the Federal Register on July 27, 1987, 52 FR 28070. If there is any discrepancy between this Section 3.07 and Code Section 401(a) (9) and its associated regulations, that Code Section and regulations will prevail. 3.08 Required Distribution Rules Effective January 1, 2003. (a) General Rules. (1) Precedence. The requirements of this article will take precedence over any inconsistent provisions of the Plan. (2) Requirements of Treasury Regulations Incorporated. All distributions required under this Section 3.08 will be determined and made in accordance with the Treasury regulations under Section 401(a)(9) of the Internal Revenue Code. (b) Time and Manner of Distribution. (1) Required Beginning Date. The Participant’s entire interest will be distributed, or begin to be distributed, to the Participant no later than the participant’s Required Beginning Date. (2) Death of a Participant Before Distributions Begin. If the Participant dies before the distributions begin, the Participant’s entire interest will be distributed, or begin to be distributed, no later than as follows: A. If the Participant’s surviving spouse is the Participant’s sole Designated Beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70 1/2, if later. B. If the Participant’s surviving spouse is not the Participant’s sole Designated Beneficiary, then distributions to the Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. C. If there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, the Participant’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death. D. If the Participant’s surviving spouse is the Participant’s sole Designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this Section 3.08(b)(2), other than section 3.08(b)(2)A., will apply as if the surviving spouse were the participant. Attachment number 1 Page 19 of 41 Item # 58 LEGAL_US_E # 70724062.5 16 For purposes of this section 3.08(b)(2) and section 3.08(e), distributions are considered to begin on the Participant’s Required Beginning Date (or, if section 3.08(b)(2)D. applies, the date distributions are required to begin to the surviving spouse under section 3.08(b)(2)A.). If annuity payments irrevocably commence to the Participant before the Participant’s Required Beginning Date (or to the Participant’s surviving spouse before the date distributions are required to begin to the surviving spouse under section 3.08(b)(2)A.), the date distributions are considered to begin is the date distributions actually commence. (3) Form of Distribution. Unless the Participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the Required Beginning Date, as of the first distribution calendar year distributions will be made in accordance with Sections 3.09(c), 3.09(d) and 3.09(e) hereof. If the Participant’s interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Code Section 401(a)(9) and the Treasury regulations. Any part of the Participant’s interest which is in the form of an individual account described in Code Section 414(k)will be distributed in a manner satisfying the requirements of Code Section 401(a)(9) and the Treasury regulations that apply to individual accounts. (c) Determination of Amount to be Distributed Each Year. (1) General Annuity Requirements. If the Participant’s interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements: A. the annuity distributions will be paid in periodic payments made at intervals not longer than one year; B. the distribution period will be over a life (or lives) or over a period certain not longer than the period described in section 4 or 5; C. once payments have begun over a period certain, the period certain will not be changed even if the period certain is shorter than the maximum permitted; D. payments will either be nonincreasing or increase only as follows: (i) by an annual percentage increase that does not exceed the annual percentage increase in a cost-of-living index that is based on prices of all items and issued by the Bureau of Labor Statistics; (ii) to the extent of the reduction in the amount of the participant’s payments to provide for a survivor benefit upon death, but only if the beneficiary whose life was being used to determine the distribution period described in section 4 dies or is no longer the participant’s beneficiary pursuant to a qualified domestic relations order within the meaning of section 414(p); Attachment number 1 Page 20 of 41 Item # 58 LEGAL_US_E # 70724062.5 17 (iii) to provide cash refunds of employee contributions upon the participant’s death; or (iv) to pay increased benefits that result from a plan amendment. (2) Amount Required to be Distributed by Required Beginning Date. The amount that must be distributed on or before the Participant’s Required Beginning Date (or, if the participant dies before distributions begin, the date distributions are required to begin under section 3.08(b)(2)A. or 3.08(b)(2)B.) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., bi-monthly, monthly, semi-annually, or annually. All of the Participant’s benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Participant’s Required Beginning Date. (3) Additional Accruals After First Distribution Calendar Year. Any additional benefits accruing to the Participant in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) Requirements for Annuity Distributions that Commence During Participant’s Lifetime. (1) Joint Life Annuities Where the Beneficiary is Not the Participant’s Spouse. If the Participant’s interest is being distributed in the form of a joint and survivor annuity for the joint lives of the Participant and a nonspouse beneficiary, annuity payments to be made on or after the Participant’s Required Beginning Date to the Designated Beneficiary after the Participant’s death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been payable to the Participant using the table set forth in Q&A-2 of section 1.401(a)(9)-6T of the Treasury regulations. If the form of distribution combines a joint and survivor annuity for the joint lives of the Participant and a nonspouse beneficiary and a period certain annuity, the requirement in the preceding sentence will apply to annuity payments to be made to the Designated Beneficiary after the expiration of the period certain (2) Period Certain Annuities. Unless the Participant’s spouse is the sole Designated Beneficiary and the form of distribution is a period certain and no life annuity, the period certain for an annuity distribution commencing during the Participant’s lifetime may not exceed the applicable distribution period for the Participant under the Uniform Lifetime Table set forth in Attachment number 1 Page 21 of 41 Item # 58 LEGAL_US_E # 70724062.5 18 section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that contains the annuity starting date. If the annuity starting date precedes the year in which the Participant reaches age 70, the applicable distribution period for the Participant is the distribution period for age 70 under the Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury regulations plus the excess of 70 over the age of the Participant as of the Participant’s birthday in the year that contains the annuity starting date. If the Participant’s spouse is the Participant’s sole Designated Beneficiary and the form of distribution is a period certain and no life annuity, the period certain may not exceed the longer of the Participant’s applicable distribution period, as determined under this Section 3.08(d)(2), or the joint life and last survivor expectancy of the Participant and the Participant’s spouse as determined under the Joint and Last Survivor Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the Participant’s and spouse’s attained ages as of the Participant’s and spouse’s birthdays in the calendar year that contains the annuity starting date. (e) Requirements for Minimum Distributions Where Participant Dies Before Date Distributions Begin. (1) Participant Survived by Designated Beneficiary. If the Participant dies before the date distribution of his or her interest begins and there is a Designated Beneficiary, the Participant’s entire interest will be distributed, beginning no later than the time described in section 3.08(b)(2)A. or 3.08(b)(2)B., over the life of the Designated Beneficiary or over a period certain not exceeding: A. unless the annuity starting date is before the first distribution calendar year, the life expectancy of the Designated Beneficiary determined using the beneficiary’s age as of the beneficiary’s birthday in the calendar year immediately following the calendar year of the Participant’s death; or B. if the annuity starting date is before the first distribution calendar year, the life expectancy of the Designated Beneficiary determined using the beneficiary’s age as of the beneficiary’s birthday in the calendar year that contains the annuity starting date. (2) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, distribution of the Participant’s entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the participant’s death. (3) Death of Surviving Spouse Before Distributions to Surviving Spouse Begin. If the Participant dies before the date distribution of his or her interest begins, the Participant’s surviving spouse is the Participant’s sole Designated Beneficiary, and the surviving spouse dies before distributions to the surviving spouse begin, this section 5 will apply as if the surviving Attachment number 1 Page 22 of 41 Item # 58 LEGAL_US_E # 70724062.5 19 spouse were the Participant, except that the time by which distributions must begin will be determined without regard to section 2.2(a). (f) Definitions. For purposes of this Section 3.08, the capitalized terms used herein shall have the following meanings: (1) Designated Beneficiary. The individual who is designated as the Beneficiary under Section 4.04 of the Plan and is the designated beneficiary under section 401(a)(9) of the Internal Revenue Code and section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations. (2) Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant’s death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant’s Required Beginning Date. For distributions beginning after the Participant’s death, the first distribution calendar year is the calendar rear in which distributions are required to begin pursuant to section 3.08(b)(2). (3) Life Expectancy. Life expectancy as computed by use of the Single Life Table in section 1.401(a) (9)-9 of the Treasury regulations. (4) Required Beginning Date. April 1 of the calendar year following the later of the calendar year in which the Participant attains age 70½ or the calendar year in which the Participant retires from employment with the City. 3.09 Code Section 415 Limit. (a) Definitions. When used in this Section 3.09, the following terms shall have the definitions set forth in this Section 3.09(a). (1) Defined Benefit Dollar Limitation. A. Effective as of January 1, 1976, the “Defined Benefit Dollar Limitation” is $75,000 (subject to adjustments required under applicable law for employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies. B. Effective as of January 1, 1983, the “Defined Benefit Dollar Limitation” is $90,000 (subject to adjustments required under applicable law for employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies. Attachment number 1 Page 23 of 41 Item # 58 LEGAL_US_E # 70724062.5 20 C. Effective as of January 1, 2002, the “Defined Benefit Dollar Limitation” is $160,000 (subject to adjustments required under applicable law for employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies. (2) Defined Benefit Compensation Limitation. The “Defined Benefit Compensation Limitation” is 100% of Participant’s average compensation for his or her high 3 years of employment with the City. (3) Maximum Permissible Benefit. The “Maximum Permissible Benefit” is the lesser of the Defined Benefit Dollar Limitation or the Defined Benefit Compensation Limitation (both adjusted where required, as provided in paragraphs (A) of (B) of this Section 3.09(a)(1). (4) Minimum Age. A. Effective as of January 1, 1976, the “Minimum Age” is 55. B. Effective as of January 1, 1983, the “Minimum Age” is 62. (5) Maximum Age. Effective as of January 1, 1983, the “Maximum Age” is 65. (b) Limitation on Benefits. (1) Effective January 1, 1976 and subject to this Section 3.09, in no event will the annual benefits payable to any Participant exceed the Maximum Permissible Benefit at the time the Participant ceases to accrue Credited Service. (2) In accordance with Code Section 415(b)(10), notwithstanding anything in this Section 3.09 to the contrary, for purposes of Employees who became Participants before January 1, 1990, the benefit limitations contained in this Section 3.09 shall not be less than such Participant’s Accrued Benefit under the Plan (as determined without regard to any Plan amendment made after October 14, 1987). (c) Adjustments to the Defined Benefit Dollar Limitation. (1) Effective as of January 1, 1976, if the retirement benefit of a Participant begins prior to the Minimum Age, the Defined Benefit Dollar Limitation applicable to the Participant at such earlier age is an annual benefit payable in the form of a straight life annuity beginning at the earlier age that is the Actuarial Equivalent of the Defined Benefit Dollar Limitation applicable to the Participant at the Minimum Age (adjusted as required pursuant to this Section 3.09). The Defined Benefit Dollar Limitation applicable at an age lesser than the Minimum Age is determined as the Attachment number 1 Page 24 of 41 Item # 58 LEGAL_US_E # 70724062.5 21 lesser of: (i) the actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.02 of the Plan and (ii) the actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed using a 5 percent interest rate and the applicable mortality table as defined in Section 1.02 of the Plan. Any decrease in the Defined Benefit Dollar Limitation determined in accordance with this Section 3.09 shall not reflect a mortality decrement if benefits are not forfeited upon the death of the Participant. If any benefits are forfeited upon death, the full mortality decrement is taken into account. (2) Effective as of January 1, 1983, if the benefit of a Participant begins after the Participant attains the Maximum Age, the Defined Benefit Dollar Limitation applicable to the Participant at such later age is the annual benefit payable in the form of a straight life annuity beginning at the later age that is actuarially equivalent to the Defined Benefit Dollar Limitation applicable to the Participant at the Maximum Age (adjusted as required pursuant to this Section 3.09). The actuarial equivalent of the Defined Benefit Dollar Limitation applicable at an age after the Maximum Age is determined as (i) the lesser of the actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.02 of the Plan and (ii) the actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed using a 5 percent interest rate assumption and the applicable mortality table as defined in Section 1.02 of the Plan. For these purposes, mortality between the Maximum Age and the age at which benefits commence shall be ignored. (3) Notwithstanding anything in this Section 3.09 to the contrary, benefit increases resulting from the increase in the Defined Benefit Dollar Limitation pursuant to Section 3.09(a)(1)C shall be limited to all Participants who have one hour of Credited Service on or after the first day of the first limitation year ending after December 31, 2001. (4) Notwithstanding anything in this Section 3.09 to the contrary, in the case of a Participant who has fewer than 10 years of Credited Service, the Defined Benefit Dollar Limitation shall be multiplied by a fraction, (i) the numerator of which is the number of years of Credited Service and (ii) the denominator of which is 10. (5) Notwithstanding anything in this Section 3.09 to the contrary, effective as of January 1, 1987, the annual benefit of any Participant who is a police officer or firefighter and who has at least 15 years of Credited Service may be determined without regard to Section 3.09(c)(1). (d) For distributions commencing prior to January 1, 2002 and for Participants who do not have one hour of Credited Service after this date, the City shall, to the extent required by the Economic Growth and Tax Relief Reconciliation Act of Attachment number 1 Page 25 of 41 Item # 58 LEGAL_US_E # 70724062.5 22 2001 and in accordance with the Code, apply the limitations contained in Code Section 415, as in effect at the time the distribution commenced; subject to the disregard of Code Section 415(e) for distributions occurring after January 1, 2000. (e) Effective as of January 1, 1976 through December 31, 1999, the limitation established by Section 415(e) of the Code (as in effect from time to time) shall apply to the calculation of any Participant’s annual benefit. 3.10 Enhanced Early Retirement for 1996. Participants who have attained, or who will have attained, the age of 50 on or before December 31, 1996, and who have completed 5 years of Credited Service as of July 1, 1996, and who are employed by Augusta-Richmond County on October 1, 1975, may elect to receive retirements benefits under this Section. Such election must be made on a form designated by Augusta-Richmond County between October 1, 1996 and 4:00 p.m. on December 23, 1996. Any Participant electing to retire early pursuant to this Section shall have until 4:00 p.m. on the seventh (7th) day following such election to revoke same. A. Enhanced Early Retirement Date. The Enhanced Early Retirement Date of a Participant shall be the first day of the month next following the date he retires from the employ of the County under the provisions of this Section. B. Amount of Retirement Benefit. The monthly retirement benefit payable to a Participant who retires on his Enhanced Early Retirement Date shall be an amount equal to 2% of the highest salary or wage or remuneration received as a Participant within the period of seventy-two (72) months immediately preceding his retirement for each year of Credited Service plus an additional ten (10) years of service to be added to the years of Credited Service for purposes of computing the amount of the retirement benefit, up to a maximum of one hundred percent (100%) of Average Earnings for the Participant’s high three (3) years of Earnings, any contrary provision of this Act notwithstanding. The amount of the monthly enhanced retirement benefit shall not be reduced for any month or time period by which the Early Retirement Date of a Participant precedes his Normal Retirement Date, notwithstanding any other provision of the Plan. C. Prerequisite for Electing Early Retirement. Any Participant electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of Richmond County, Georgia and Augusta-Richmond County, Georgia and their officials, agents, and employees for any and all claims arising out of such employee’s employment by Richmond County, Georgia and/or Augusta- Richmond County, Georgia, and agreeing not to seek or accept any further employment by Augusta-Richmond County, or its constitutional and elected officials. This provision shall not be construed as prohibiting any such person from seeking any elective position by the State of Georgia or Augusta-Richmond County. 3.11 Special Unreduced Early Retirement. If a Participant with at least twenty (20) years of Credited Service is permanently separated from the service involuntarily by action of the Commission or by action of the elective official under whom he is employed, the Attachment number 1 Page 26 of 41 Item # 58 LEGAL_US_E # 70724062.5 23 Participant may elect to collect Plan benefits under this Section in lieu of any other Section of this Plan; provided, however, no Participant shall draw any benefits under this Section, and such benefits shall be forfeited, if his involuntary separation from the services of the County is found by the Commission to have been caused by the Participant's willful misconduct, or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or willful misconduct, or due to the commission of crime under the laws of this State, or any other State of the United States. (a) Special Retirement Date. The Special Retirement Date of a Participant shall be the first day of the month which coincides with or next follows the date the Participant elects to retire under the provision of this Section. (b) Amount of Special Unreduced Retirement Benefit. A Participant at retirement under this Section shall receive a monthly retirement benefit, commencing on his Special Retirement Date, provided he is then alive, equal to the amount computed in the same manner as for normal retirement in accordance with Section 3.01-b, but based on Credited Service and Earnings as of the Special Retirement Date. (c) Payment of Special Retirement Benefit. The monthly retirement benefit payable in the event of special retirement shall be payable on the first day of each month. The first payment shall be made on the Special Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to the provision of Section 4.02. 3.12 Rollover Distributions. Except where otherwise provided, Section 3.12 shall apply to benefits payable, but only to the extent required by the plan qualification rules of Section 401(a) of the Code. (a) Effective January 1, 1993, notwithstanding any contrary provision of the Plan, a Distributee may elect, at the time and in the manner prescribed by the City, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. (b) The special capitalized terms used only in this Section 3.12 shall have the meanings specified below: (1) "Direct Rollover" means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. (2) "Distributee" means a Participant. In addition, a Participant's surviving spouse and a Participant’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are Distributees with regard to the interest of the spouse or former spouse. (3) "Eligible Retirement Plan" means an individual retirement account described in Section 408(a) of the Code, an annuity plan described in Section 403(a) of the Code, an annuity contract described in Section 403(b) of the Code, or a qualified trust described in Section 401(a) of the Attachment number 1 Page 27 of 41 Item # 58 LEGAL_US_E # 70724062.5 24 Code that accepts the Distributee’s Eligible Rollover Distribution. Effective for Plan Years ending before January 1, 2002, in the case of an Eligible Rollover Distribution to the Employee’s or former Employee’s surviving spouse, an Eligible Retirement Plan shall mean only an individual retirement account or individual retirement annuity. Effective as of January 1, 2002, the definition of “Eligible Retirement Plan” shall also apply to an annuity contract described in Section 403(b) of the Code, an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan, and in the case of a distribution to an Employee’s surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code. (4) "Eligible Rollover Distribution" means any distribution of all or any portion of the Accrued Benefit to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: (1) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified period of ten years or more; (2) any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and (3) the portion of any distribution that is not includible in gross income. Effective as of January 1, 2002, notwithstanding the foregoing, any amount that is distributed on account of hardship, to the extent allowed under the Plan, shall not constitute an Eligible Rollover Distribution. 3.13 Supplemental Retirement Benefits. (a) Participants who were Employees in active service and employment as of January 1, 1998, and Participants who retired prior to January 1, 1998 (other than those Participants who retired under the Enhanced Early Retirement provided for in Section 3.10 hereof) shall receive, in addition to their normal retirement benefit, a payment of one hundred dollars ($100.00) per month until their death or termination of participation in the Plan; provided, however, should any court of competent jurisdiction determine that such supplemental retirement benefits are illegal or invalid for any reason, this Section shall be repealed immediately upon such order becoming final. (b) Effective January 1, 2004, participants who retired prior to January 1, 1996 (and their Payees) shall receive, in addition to their normal retirement benefit, a payment of one hundred and fifty dollars ($150.00) per month until their termination of participation in the Plan. 3.14 Past Increases. All increased retirement payments previously granted and adopted by the Commission pursuant to the provisions of Ga. L. 1971, pp. 3881 are hereby approved and Attachment number 1 Page 28 of 41 Item # 58 LEGAL_US_E # 70724062.5 25 authorized, and all subsequent increased retirement payments shall be pursuant to provisions of Section 3.06. 3.15 Benefits Payable to Surviving Spouses. Effective March 10, 1966, any Participant may elect in lieu of his or her normal retirement benefit pursuant to Section 3.01 hereof to receive a reduced amount of pension according to the age and sex of the participant and his or her spouse, commencing upon his or her actual retirement, with the provision that upon his or her subsequent death, if his or her spouse is still alive, that 50% of the pension which he or she was receiving immediately prior to his or her death, would be continued to such spouse for the balance of the spouse’s lifetime or until subsequent remarriage. Such election must be made by the Participant at least one year prior to his or her actual retirement and at any time prior to his or her actual retirement upon furnishing evidence of good health to the board of commissioners of roads and revenues. An election once made may be revoked by the Participant at any time prior to actual retirement and will be automatically revoked if the beneficiary so designated by the Participant dies before the Participant’s actual retirement. SECTION 4 DEATH BENEFITS 4.01 Death Prior to Retirement. (a) Non-Duty Connected Death. If a Participant is separated from the service of his employment, as defined in the Plan, by death, there shall be returned to his or her surviving spouse if one, and if not, then to his or her next of kin upon application therefor, 100% of his or her Contributions with Interest, less any payments made to him or her by reason or any other provision of this Plan, and less any sum that might be due by him or her to Richmond County, which amount so due shall be paid to the County; and when one hundred per centum of his or her Contributions with Interest, less authorized deductions, if any, is returned, then his or her estate, or his or her personal representative shall receive from the Fund, no other sums whatsoever. Notwithstanding the foregoing, if a terminated Participant entitled to the deferred monthly retirement benefit provided in Section 3.02(b) dies prior to the commencement of such benefit, his Beneficiary shall receive a lump sum amount equal to the total of his Contributions with 5% Interest, computed from January 1, 1977, such amount to be payable with 60 days following his date of death. (b) Duty Connected Death. Effective March 10, 1966, the widow of a Participant who is killed in line of duty, as hereinafter defined, may elect, in lieu of receiving a refund of Contributions with Interest under the provisions of the Plan, to receive a pension computed at twenty-five percent (25%) of the Participant’s monthly salary or wages at the time of his death, which shall be payable monthly to the widow, until her death or remarriage, or in the event of her death leaving a child or children of the Participant surviving her, who have not reached their 18th birthday, pension shall be continued to be paid for the benefit of such child or Attachment number 1 Page 29 of 41 Item # 58 LEGAL_US_E # 70724062.5 26 children as long as they remain unmarried and until they reach their 18th birthday; and if there be no widow living at the time of the death of such Participant killed is herein defined, but there be a child or children of Participant living as of date who have not reached their 18th birthday, the guardian of children may make a similar election as that provided for a widow and, in the event such election is made, a pension in amount shall be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday. (c) As used in this Section 4.01, "killed in line of duty" shall mean killed while actively performing the prescribed duties of the Participant's job and not resulting from any misconduct or negligence of such Participant; provided, however, that no payments shall be made under the provisions of this section until such date as any monthly benefits provided under the Workmen's Compensation Laws of Georgia shall have ceased. 4.02 Death After Retirement. (a) Effective March 10, 1966, any Participant who dies after retirement but prior to receiving benefits in an amount equal to the amounts which have been paid into such fund from his or her wages while employed shall be entitled to have the difference paid to his or her surviving spouse, if one, and if not to the representatives of his or her estate; provided, however, the surviving spouse is not entitled to receive the pension provided for in Section 3.15. (b) Effective October 1, 1975, notwithstanding Section 3.15, the surviving spouse of any retired Participant who dies shall receive one-half of the benefits of the deceased Participant, under the provisions of this Plan, until such time as the surviving spouse dies or remarries. (c) If a Participant dies subsequent to his retirement and had elected to receive a deferred benefit under Section 3.02(b)(l) or Section 3.05(b) but such benefit had not commenced, his Beneficiary shall receive a lump-sum cash amount equal to one-half of the benefits of the deceased Employee, under the provisions of this Plan; provided that no benefits shall payable hereunder if Plan benefits are paid under Section 4.01. 4.03 Adjusted Benefit. The amount of monthly retirement benefit provided under this Section 4 shall be adjusted by the cost-of-living adjustment as provided in Section 3.06 upon commencement of such benefit. 4.04 Designation of Beneficiaries. (a) Each Participant shall designate a Beneficiary to receive the benefits, if any, which may be payable in the event of his death pursuant to the provision of Section 3 or 4. Such designation shall be made in writing on a form provided by the Commission and shall be signed and filed with the Commission. The Participant may change his designation from time to time by filing the proper form with the Commission, and each change shall revoke all prior designations by the Participant. In each such designation the Participant may name one or more Attachment number 1 Page 30 of 41 Item # 58 LEGAL_US_E # 70724062.5 27 primary Beneficiaries and one or more contingent Beneficiaries. If no Beneficiary designated by the Participant survives him, the Commission may direct the payment of such benefits to (i) the spouse of the deceased, if living; otherwise, to (ii) the descendents of the deceased Participant per stirpes or on their behalf as provided in Section 10.04; or if none, to (iii) the legal representative of the estate of the deceased Participant. (b) In the event of the death of a Beneficiary who survives the Participant and who, at his or her death, is receiving benefits as described in paragraph A of this Section, the remaining benefits, if any, shall be payable to a person designated by the Participant to receive the remaining benefits, or, if no person was so designated, then to a person designated by the Beneficiary of the deceased Participant; provided, however, that if no person so designated be living upon the occurrence of such contingency, the remaining benefits, if any, shall be payable to (a) the spouse of the deceased Participant, if living; otherwise to (b) the descendents of the deceased Beneficiary per stirpes or on their behalf as provided in Section 10.04; or if none, to (c) the legal representative of the estate of the deceased Beneficiary, as the Commission in its sole discretion may determine. (c) In the event the Commission does not direct the payments as specified in paragraph (a) or (b) of this Section, the Commission may elect to have a court of applicable jurisdiction determine to whom payments should be made, and the Commission shall follow such instructions as the court may give. SECTION 5 CONTRIBUTIONS 5.01 County Contributions. Effective October 1, 1975, contributions by the County shall equal five percent (5%) of the aggregate of any Participant’s Earnings, plus such additional amounts as shall be determined by the County, based upon the recommendations of an actuary. County contributions shall be paid to the Fund and shall be used only for the benefit of the Participants and Beneficiaries of the Plan. Effective November 20, 1984, notwithstanding the preceding sentence, on the recommendation of the County's actuary, who shall be a member of the American Academy of Actuaries, or an organization of which one or more members is a member of the American Academy of Actuaries, the Commission may increase or decrease the County’s contributions as recommended by such actuary. 5.02 Participant Contributions. (a) Effective October 1, 1975, aach Participant shall contribute to the Fund an amount equal to five (5%) per cent of his Earnings. Contributions by the Participant shall cease at the earlier of (i) his date of termination of employment for any reason, and (ii) his actual retirement date. Participant contributions shall be made by payroll deduction and in such manner as determined by the Commission. (b) Withdrawals of Participant Contributions: In all cases where previously adopted provisions of the 1945 act as amended call for participants contributions to be Attachment number 1 Page 31 of 41 Item # 58 LEGAL_US_E # 70724062.5 28 refunded that such refunding will be with "interest" as computed in subsection (a) of this Section 5.02. (c) Return of Contributions: Any Participant who voluntarily absolutely separates from the service of the Commission or from the service of the elective officer by whom he is employed or who is discharged as provided by the "Richmond Officers and Employees' Act" in Ga. L. E.S., 1937-1938, pp. 875-880 inclusive, as amended, or who was discharged by the elective officer under whom he is employed before being retired under any provisions of the Plan, shall have returned to the Participant or his estate, within ninety (90) days of the date of application after he is absolutely separated or his discharge becomes final, the entire amount of his Contributions, without Interest, less any disability payments he has received. Once the sum is returned to the Employee, he shall not have any further claim or right to receive any fund, or payments whatsoever of any kind of character from the Fund. SECTION 6 ADMINISTRATION OF PLAN 6.01 Administration. (a) Powers of the Commission. The Commission shall control the administration of the Plan hereunder, with all powers necessary to enable it properly to carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Commission shall have the power to construe the Plan and to determine all questions that shall arise thereunder, and shall also have all the powers elsewhere herein conferred upon it. It shall decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan, and shall determine the benefits to which any Participant, Beneficiary, or Joint Annuitant may be entitled under the Plan. The decisions of the Commission upon all matters within the scope of its authority shall be final and binding upon all parties to this instrument, Participants, and Participant’s Beneficiaries and Joint Annuitants. (b) Records of the Commission. All acts and determination of the Commission shall be duly recorded by the County clerk, or under his supervision, and all such records, together with such other documents as may be necessary for the administration of the Plan shall be preserved in the custody of such clerk. (c) Exemption from Liability of the Commission. The members of the Commission, and each of them, shall be free from all liability, joint, and several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the Plan, and the County shall indemnify and save each of them harmless from the effects and consequences of their acts, omissions, and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct. (d) Miscellaneous. Attachment number 1 Page 32 of 41 Item # 58 LEGAL_US_E # 70724062.5 29 (1) The Commission shall prepare and distribute to the Participants information concerning the Plan, at the expense of the County, in such manner as it shall deem appropriate. (2) To enable the Commission to perform its functions, the County shall supply full and timely information of all matters relating to the compensation and length of service of all Participants, their retirement, death or other cause of termination of employment, and such other pertinent facts as the Commission may require. (3) The Commission shall be entitled to rely upon all tables, valuations, certificates, and reports furnished by an actuary, who shall be a member of the American Academy of Actuaries, or an organization which one or more members is a member of the American Academy of Actuaries and upon all certificates and reports made by an accountant selected or approved by the Commission. The Commission shall be fully protected in respect to any action taken or suffered by it in good faith in reliance upon the advice or opinion of any actuary, accountant, or attorney, and all action so taken or suffered shall be conclusive upon each member of the Commission and upon all persons interested in the Plan. SECTION 7 TRUST FUND AND TRUSTEES 7.01 Trust Fund. (a) There is created a permanent pension Fund for the benefit of each Participant covered by this Plan, and the Fund shall be known as the "Richmond County Employees' Pension Fund" and shall be kept in a separate account earmarked "Richmond County Employees' Pension Fund", with a separate, permanent record thereof. The assets of the Fund shall be held and administered by the Commission. The Fund shall consist of all payments by the County and Participants to the Fund and earnings from investments. The assets of the Fund shall be valued as of the end of each plan year, and at any other time required by the Commission, and at the then existing book and market value. The Fund is hereby declared not to be the property of the Commission or the County, and this includes any sum paid in or directed to be paid in by the Commission and it shall reserve no property in any sum raised or due by virtue of the Plan. (b) The Commission shall maintain a separate and permanent record of the Fund. All decisions of the Commission in regard to the Fund or any payments or withdrawals therefrom shall be recorded in the minutes of the Commission and also entered on the permanent record kept by the Commission and such permanent record shall be open to inspection by any interested person at all regular business hours. (c) The Commission shall keep the Treasurer and Clerk of the Commission bonded at all times and in an amount equal to the total Fund in possession of or under the control of either; provided, however, that such bond shall not exceed Two- Attachment number 1 Page 33 of 41 Item # 58 LEGAL_US_E # 70724062.5 30 Hundred Thousand Dollars ($200,000.00) as to each party. The bond shall also cover any acting Treasurer or Clerk. 7.02 Amendment of Trust. The County shall have the right at any time, by an instrument in writing duly executed by the Commission and to the Trustee, to modify, alter, or amend the Trust in whole or in part; provided, however, that the duties, powers, and liability of the Trustee hereunder shall not be substantially increased without its written consent, and provided further, that no such amendment shall have the effect of revesting in the County any part of the principal or income of the Fund. 7.03 Discontinuance of Trust and Vesting. The County expressly reserves the right to terminate this Plan and Trust Agreement at any time. Upon termination of the Plan by the County, or complete discontinuance of Contributions thereunder, having the effect of termination, the rights of each Participant to benefits accrued to the date of such termination or discontinuance, to the extent then funded, shall be nonforfeitable. In either case the Commission shall, upon instructions from the County, continue to administer the Fund as provided in Section 7. No part of the Fund shall at any time revert to the County unless all benefits for Participants and their Payees have been provided. 7.04 Powers of the Commission. (a) The Commission shall have the following power and authority in the administration of the Fund to be exercised in accordance with and subject to the provisions of Section 7.05 hereof: (1) control the administration of the Plan hereunder, with all powers necessary to enable it to properly carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Commission shall have the power to construe the Plan and to determine all questions that shall arise thereunder, and shall also have all the powers elsewhere herein conferred upon it; (2) decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan; and (3) determine the benefits to which any Participant or Beneficiary may be entitled under the Plan. (b) The decisions of the Commission upon all matters within the scope of this authority shall be final and binding upon all parties to this instrument, participants and their beneficiaries. (c) All acts and determinations of the Commission shall be duly recorded by the County clerk, or under his supervision and all such records, together with such other documents as may be necessary for the administration of the Plan, shall be preserved in the custody of such clerk. Attachment number 1 Page 34 of 41 Item # 58 LEGAL_US_E # 70724062.5 31 (d) The Commission shall prepare and distribute to the Employees information concerning the Plan at the expense of the County, in such manner as it shall deem appropriate. 7.05 Investment of Fund. (a) Effective February 11, 1998, the County comptroller shall be the custodian of such Fund and shall deposit all contributions to the Plan in a bank or banks, and, pursuant to the direction of the pension fund investment committee, which committee shall consist of the members of the Augusta-Richmond County Commission, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds; and, in such securities other than those specifically approved by law for the investment of trust funds, as the pension fund investment committee shall deem proper, from time to time; provided, however, that the amount of the pension fund which may be invested in such securities other than those specifically approved by law for the investment of trust funds may not exceed fifty percent (50%) of the total amount of the fund then outstanding; and in addition thereto, the investment committee may invest such funds in bonds and debentures assumed or guaranteed by such existing corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa) or A (a) in lieu thereof, provided that (if applicable), such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under any applicable provisions of the Official Code of Georgia Annotated, as amended. The amount of the pension fund which may be invested in the bonds and debentures of any one corporation may not exceed ten percent (10%) of the total amount of such fund then outstanding. (b) Effective October 1, 1975, the Board is authorized to deposit funds held by it with any back located in Richmond County, Georgia, as depository. The Board shall be the authority to invest and re-invest money which is held for the purpose of paying pensions, but which is not needed for the immediate payment thereof, as determined by the Board, including securities of agencies of said government of the State of Georgia; of Richmond County; or any other county or municipality in the State of Georgia; or insured savings in savings and loan associations and state and national banks; corporate bonds and debentures rated “AA” or better according to Moody’s or Standard & Poor’s rating at the time of the investment; corporate stocks which are non-assessable; dividend-paying stocks, common or preferred, in corporations having an “A” rating or better according to Standard & Poor’s index current at the time of the investment, provided cash dividends of such common stocks have been paid out of current earnings in at least two of the last three years preceding the purchase, provided, however, that the Fund shall not own more than fifteen percent (15%) of the issued and outstanding shares of any one corporation. Attachment number 1 Page 35 of 41 Item # 58 LEGAL_US_E # 70724062.5 32 (c) Withdrawal from the fund for investment purposes shall be accomplished by vouchers drawn by the Treasurer, counter-signed by the mayor of the County or the mayor’s designee. 7.06 Taxation. The Commission, in its settlor capacity, is hereby authorized to levy a tax from time to time to raise a sufficient sum to meet the requirements of the Plan for paying into the Fund an amount equal to the amount contributed by Participants to the Fund; and in the event such amount contributed by the Participants should be five percent (5%) or more of Earnings and the five percent (5%) or more contributed by the Commission, and shall be insufficient to pay the pensions provided for in the Plan, then and in that event the Commission shall levy a sufficient tax to meet all payments as required by the Plan, and from time to time to continue to do so. 7.07 Resignation of Trustee. The Trustee may resign as Trustee of the Trust at any time by giving sixty (60) days written notice to the County, or with the consent of the County, may resign at any time. At such time as the resignation becomes effective, the Trustee shall render to the County an account of its administration of the Fund during the period following that covered by its last annual account, and shall perform all acts necessary to transfer and deliver the assets of the Fund to its successor. 7.08 Successor Trustees. In the event of vacancy of one or more individuals in the Trusteeship of this Trust occurring at any time, the Commission shall designate and appoint qualified successor Trustee(s) until such individuals are elected by the electorate. 7.09 Disbursements. Upon written direction (which may be a continuing one) from the Commission as to the name of any person to whom money is to be paid from the Fund and the amount thereof, checks shall be drawn by the Trustee in the name of the person designated by the Commission and deliver such checks in such manner and amounts and at such time as the Commission shall direct. In the event the Trustee shall deem it necessary to withhold any distribution pending compliance with legal requirements with respect to probate of wills, appointment of personal representatives, payment of or provision for estate or inheritance taxes, or for death duties or otherwise, the Trustee shall withhold payment pending receipt of the instructions from the County Attorney to make such distribution. SECTION 8 AMENDMENT AND TERMINATION This Section 8 shall apply only to the extent that it does not otherwise conflict with applicable Georgia law, including, but not limited to, Article I, Section 1, Paragraph X of the Georgia Constitution. 8.01 Amendment of the Plan. The County shall have the right at any time pursuant to authorization of the Commission, to amend any or all of the provisions of the Plan; provided, however, that no such amendment shall authorize or permit any part of the Fund to be diverted to purposes other than for the exclusive benefit of Participants and their Payees; and further provided, that no amendment shall have the effect of revesting Attachment number 1 Page 36 of 41 Item # 58 LEGAL_US_E # 70724062.5 33 in the County any portion of such Fund except such amounts which remain in the Fund after termination of the Plan and after all liabilities under the Plan have been satisfied. 8.02 Termination of the Plan. (a) The County expects this Plan to be continued indefinitely but, of necessity, reserves the right to terminate the Plan and its contributions thereunder at any time by action of the Commission; provided, however, that should the County terminate the Plan or completely discontinue contributions hereunder so as the amount to a Plan termination, the accrued benefit of each Participant, to the extent then funded, shall become fully vested and nonforfeitable as the date of termination. (b) In the event of termination of the Plan and upon receipt of written notice of such termination, the Commission shall arrange for the Fund to be apportioned and distributed in accordance with the following procedure: (1) The Commission shall determine the date of distribution and asset value of the Fund to be distributed, taking into account the expenses of distribution. (2) The Commission shall determine the method of distribution of the asset value -- that is, whether distribution to each Participant or Payee entitled to benefits shall be by payment in a lump-sum cash amount, the purchase of an annuity from an insurance company, or otherwise. (3) The Commission shall apportion the asset value in the priority and manner set forth below, on the basis that the amount required to provide any given retirement benefit shall mean the actuarially computed single-sum value of such benefit, except that if the method of distribution determined under paragraph B of this Section involves the purchase of an insured annuity, the amount required to provide the given retirement benefit shall mean the single premium payable for such annuity: A. An amount equal to each Participant’s Contributions under the Plan with Interest, less the aggregate amount of any benefit payments previously made with respect to such Participant, will be determined and such amount apportioned from the asset value. Such asset value, if insufficient to provide such amounts in full will be apportioned among such Participants in proportion to the amounts determined with respect to them. B. If there be any asset value remaining after the apportionment under A. above, apportionment shall next be made with respect to each retired Participant receiving a retirement benefit hereunder an such date, each person receiving a retirement benefit on such date on account of a retired (but since deceased) Participant, each Participant who has, by such date, reached his Normal Retirement Date but has not yet retired, in the amount required to provide such retirement benefit as of the date of termination of the Plan, less any apportionment made in (1) above, provided that, if such remaining asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. Attachment number 1 Page 37 of 41 Item # 58 LEGAL_US_E # 70724062.5 34 C. If there be any asset value remaining after the apportionments under A. and B. above, apportionment shall next be made with respect to each active Participant on such date who has reached his Early Retirement Date but has not yet retired, in the amount required to provide such retirement benefit as of the termination date of the Plan, less any apportionment in A. above, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced values will be equal to such remaining asset value. D. If there be any asset value remaining after the apportionments under A., B., and C. above, apportionment shall next be made with respect to each active Participant on such date who has completed at lease 10 years of Credited Service and each former Participant then entitled to a deferred benefit under Section 3.05(b) hereof who has not, by such date, reached his Normal Retirement Date, none of whom is entitled to an apportionment under B. above, in the amount required to provide the actuarially determined value of the accrued benefit as of the termination date of the Plan, less any apportionment in A. above; provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced values will be equal to such remaining asset value. E. If there be any asset value remaining after apportionments under A., B., C., or D. above, apportionment shall lastly be made with respect to each active Participant on such date who is not entitled to an apportionment under B., C., or D. above, in the amount required to provide the actuarially determined value of the accrued benefit as of the date of termination of the Plan, less any apportionment in A. above; provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately. reduced so that the aggregate of such reduced values will be equal to such remaining asset value. F. In the event that any asset value remains after the full apportionments specified in paragraphs A., B., C., D., and E. above, such excess shall revert to the County. (4) The Commission shall cause to be distributed, in accordance with the manner of distribution determined under subparagraph (b)(2) of this Section, the amounts apportioned under subparagraph (b)(3) of this Section. SECTION 9 MISCELLANEOUS 9.01 Headings. The headings and subheadings in this Plan have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. 9.02 Construction. (a) In the construction of this Plan the masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate. Attachment number 1 Page 38 of 41 Item # 58 LEGAL_US_E # 70724062.5 35 (b) Each Section of this Plan and every part of each Section are declared to be independent Sections and the holding of any Section or part of any section to be void shall not affect the other Sections or parts of such Sections, and it is declared that the other Sections not so held to be void, or parts of Sections not held to be void would have been enacted regardless of any Section or part of any Section being held void. (c) The Plan constitutes a contract, from the effective date of this Act, between the Commission and the County and each Employee who is or who may hereafter become entitled to benefits under the Plan, which includes Participants now existing or that hereafter exist. (d) This Plan shall be construed in accordance with the laws of the State of Georgia. 9.03 Nonalienation. No benefits payable under the Plan will be subject to the claim or legal process of any creditor of any Participant or beneficiary, and no Participant or beneficiary will alienate, transfer, anticipate, or assign any benefits under the Plan, except that distributions will be made pursuant to (a) qualified domestic relations orders issued in accordance with Code Section 414 (p), (b) judgments resulting from federal tax assessments, and (c) as otherwise required by law. 9.04 Legally Incompetent. If any Participant or Payee is a minor, or, in the judgment of the Commission is otherwise legally incapable of personally receiving and giving a valid receipt for any payment due him hereunder, the Commission may, unless and until claim shall have been made by a duly appointed guardian or committee of such person, direct that such payment or any part thereof be made to such person’s spouse, child, parent, brother, or sister or other person deemed by the Commission to have incurred expense for or assumed responsibility for the expenses of such person. Any payment so made shall be a complete discharge of any liability under this Plan for such payment. 9.05 Benefits Supported Only By Fund. Any person having any claim under the Plan will look solely to the assets of the Fund for satisfaction. In no event will the County, or any of its officers, members of the Commission, or agents, be liable in their individual capacities to any person whomsoever, under the provisions of the Plan. 9.06 Discrimination The County, through the Commission, shall administer the plan in a uniform and consistent manner with respect to all Employees and shall not permit discrimination in favor of officers, supervisory or highly-paid employees. 9.07 Limitation of Liability; Legal Actions. It is expressly understood and agreed by each Employee who becomes a Participant hereunder, that except for its or their willful negligence or fraud, neither the County, the Trustee, nor the Commission shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason whatsoever, in connection with this Plan or its operation, and each such Participant hereby releases the County, Trustee, Commission, and all its officers and agents from any and all liability or obligation. Attachment number 1 Page 39 of 41 Item # 58 LEGAL_US_E # 70724062.5 36 9.08 Claims. Any payment to a Participant, Joint Annuitant, or Beneficiary, or to their legal representatives, in accordance with the provision of this Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Commission, Trustee, and the County, any of whom may require such Participant, Beneficiary, or legal representative, as a condition precedent to such payment, to execute a receipt and release therefore in such form as shall be determined by the Commission. 9.09 Forfeitures. Forfeitures arising from any cause whatsoever under this Plan shall not be applied to increase the benefits any Participant would otherwise receive under the Plan at any time prior to the termination of the Plan or the complete discontinuance of County contributions hereunder; forfeitures shall be applied to reduce the County’s contributions under the Plan in the then current or subsequent years. 9.10 Maximum of One Benefit at a Time. There shall not be paid to any person more than one benefit at a time under the Plan. 9.11 Applications. All applications for pensions shall be made to the Clerk of the Commission on forms prescribed by the Commission and printed for use in such cases, and it shall be the duty of the Commission to provide such forms at all times and the Clerk of the Commission shall immediately transmit such application to the County Attorney for his approval as to form and procedure, and upon his approval, same shall be presented to the Commission. 9.12 Report of Treasurer. At the close of each year the Treasurer shall make a written report to the Commission of funds on hand and liabilities of the Fund, both accrued and contingent. 9.13 Consequence of Plan Violation. Should any person subject to the Plan or administering the Plan violate the provisions of the Plan, in addition to any other applicable penalties, such person shall be guilty of a misdemeanor for such violation, and shall be punished accordingly under the laws of the state of Georgia. Attachment number 1 Page 40 of 41 Item # 58 LEGAL_US_E # 70724062.5 37 IN WITNESS WHEREOF, the County has caused this amended Plan to be duly executed as of the ____ day of ___________ 2006, but effective as of the dates set forth herein. AUGUSTA GEORGIA, AS SUCCESSOR TO THE CITY COUNCIL OF AUGUSTA ATTEST: ____________________________ By: (Seal) Mayor Clerk AUGUSTA GEORGIA, AS SUCCESSOR TO THE CITY COUNCIL OF AUGUSTA Mayor This Ordinance shall be effective as of the dates set forth herein. All ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. APPROVED AND ENACTED by the Augusta-Richmond County Commission, on the ______ day of ______________ 2006. Mayor ATTEST: Clerk Attachment number 1 Page 41 of 41 Item # 58 CommissionMeetingAgenda 7/10/20072:00PM 1949PensionPlanamendedandrestated Department:CountyAttorney caption2:AnordinancetoamendandrestateOrdinanceNo.665 6, adoptedFebruary20,2002,the"1949CityofAugust a1949 GeorgiaRetirementFund",hereinafterreferredtoa sthe "Plan",soasthetocomplywiththeInternalReven ueService LawsandRegulations;torepealconflictingordinan cesor partsofordinancesinconflictwiththisordinance . (ApprovedbytheCommissionJune19,2007-second reading) Background: TheAugusta-RichmondCountyCommissionapprovedthe restatementofthe1949PensionPlan,asamendedby various amendatoryactsrelatingthereto,thelastofwhich wasset forthinOrdinanceNo.6656,adoptedFebruary20,2 002so astoconformthePlanwithrelevantprovisionsof Federal LawstoincludeTheTaxEquityandFiscalResponsib ility Actof1982,theDeficitReductionActof1984,the RetirementEquityActof1984,theTaxReformActo f1986, theOmnibusBudgetReconciliationActof1986,The OmnibusReconciliationActof1987,theTechnicala nd MiscellaneousRevenueActof1988,theOmnibusBudg et ReconciliationActof1989andotherapplicablelaw s.Ithas beenreviewedbytheEmployees'BenefitsCounselan d submittedtotheInternalRevenueService.TheCity has receivedafavorabledeterminationletteronitssu bmission providedthepensionplanisre-adoptedincludinga pproved amendmentstoreflectchangesinthetaxlaws.Thec hanges weremadebytheCounsel.Theauthoritytoamendth e originalordinancehavingbeengrantedbyO.C.G.A.Section 36-35-3,providingforhomerulebymunicipalities andthe ConstitutionoftheStateofGeorgiaprovidingfor homerule bycounties.Thepublicwasfurthernotifiedthat acopyof theproposedOrdinancewasfiledwiththeClerkof the SuperiorCourtofRichmondCounty,Georgia,forpub lic examinationandinspection,andcopiesofsamewere Cover Memo Item # 59 availablewiththeClerkofCommissionforanymemb erof thepublic.ParticipationinthePlanwasfrozenef fectiveasof December31,1986,meaningthatthePlanonlycover s employeeshiredonorbeforeDecember31,1986and no employeeshiredafterthatdateareeligibletopar ticipatein theplan. Analysis:ItisnecessaryfortheAugusta-RichmondCommission to restatesaidordinanceandPensionPlaninpreparat ionforre- openingtoallowfornewparticipantstojoin.Iti sthe County'sintentiontofullyhonorallbenefitsand rightsthat PlanparticipantshaveaccruedunderthePlanprior toits restatement.ThePlanshallbeadministeredandcon strued accordingly,andthePlan'sAdministratorshallcon strueand interpreteveryprovisionofthePlan'srestatement ina mannerthatpreserveseachPlanParticipant'sbenef itsorright accrued. FinancialImpact:N/A Alternatives:None Recommendation:AmendandrestateOrdinanceNo.6656,the1949City CouncilofAugusta1949AugustaRetirementSystema nd anyamendmentsthereaftertocomplywiththeIntern al RevenueService Fundsare Availableinthe Following Accounts: N/A REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 59 LEGAL_US_E # 70626292.5 DRAFT (11/21/2006) ORDINANCE NO. ________ AN ORDINANCE TO AMEND AND RESTATE ORDINANCE NUMBER 6656, THE CITY OF AUGUSTA 1949 GENERAL RETIREMENT FUND; ADOPTED ______________________; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. CITY OF AUGUSTA 1949 GENERAL RETIREMENT FUND As Amended and Restated Effective January 1, 1984 (Except as Otherwise Provided Herein) Attachment number 1 Page 1 of 39 Item # 59 TABLE OF CONTENTS Page LEGAL_US_E # 70626292.5 -i- INTRODUCTION..........................................................................................................................1 SECTION 1 DEFINITIONS.................................................................................................3 1.01 Accrued Benefit. ...................................................................................................3 1.02 Actuarial Equivalent. .............................................................................................3 1.03 Average Earnings...................................................................................................3 1.04 Beneficiary.............................................................................................................3 1.05 City.........................................................................................................................3 1.06 Code .......................................................................................................................3 1.07 Commission............................................................................................................4 1.08 Committee..............................................................................................................4 1.09 Comptroller............................................................................................................4 1.10 Contributions..........................................................................................................4 1.11 Credited Service.....................................................................................................4 1.12 Deputy Comptroller................................................................................................4 1.13 Earnings..................................................................................................................4 1.14 Effective Date.........................................................................................................5 1.15 Employee................................................................................................................5 1.16 Employer or County...............................................................................................6 1.17 Fund........................................................................................................................6 1.18 Joint Annuitant.......................................................................................................6 1.19 Mayor.....................................................................................................................6 1.20 Participant...............................................................................................................6 1.21 Payee......................................................................................................................6 1.22 Pension Fund Investment Committee ....................................................................6 1.23 Plan.........................................................................................................................6 1.24 Plan Year................................................................................................................6 1.25 Secretary.................................................................................................................6 1.26 Total and Permanent Disability..............................................................................6 1.27 Trust Agreement or Trust.......................................................................................7 1.28 Trustee....................................................................................................................7 SECTION 2 ELIGIBILITY AND PARTICIPATION .........................................................7 Attachment number 1 Page 2 of 39 Item # 59 TABLE OF CONTENTS (continued) Page LEGAL_US_E # 70626292.5 -ii- 2.01 Eligibility................................................................................................................7 SECTION 3 RETIREMENT DATES AND BENEFITS.....................................................7 3.01 Normal Retirement. ...............................................................................................7 3.02 Early Retirement. ..................................................................................................8 3.03 Disability Retirement.............................................................................................9 3.04 Delayed Retirement..............................................................................................10 3.05 Termination of Employment................................................................................11 3.06 Cost-of-Living Adjustment of Benefits................................................................11 3.07 Required Distribution Rules Effective January 1, 1987 Through December 31, 2002................................................................................................................12 3.08 Required Distribution Rules Effective January 1, 2003.......................................14 3.09 Code Section 415 Limit........................................................................................18 3.10 Enhanced Early Retirement for 1996. .................................................................20 3.11 Special Unreduced Early Retirement. .................................................................21 3.12 Rollover Distributions. ........................................................................................22 3.13 Supplemental Retirement Benefit ........................................................................23 SECTION 4 DEATH BENEFITS.......................................................................................23 4.01 Death Prior to Retirement. ...................................................................................23 4.02 Death After Retirement. .....................................................................................24 4.03 Adjusted Benefit. ................................................................................................25 4.04 Designation of Beneficiaries. .............................................................................25 SECTION 5 CONTRIBUTIONS........................................................................................25 5.01 City Contributions. .............................................................................................25 5.02 Participant Contributions. ...................................................................................25 SECTION 6 OPTIONAL FORMS OF RETIREMENT INCOME....................................26 6.01 Description of Options. ......................................................................................26 6.02 Joint Annuitant or Beneficiary. ..........................................................................26 6.03 Cancellation of Election. ....................................................................................27 SECTION 7 ADMINISTRATION OF PLAN....................................................................27 7.01 Administration. ...................................................................................................27 SECTION 8 TRUST FUND AND TRUSTEES.................................................................28 Attachment number 1 Page 3 of 39 Item # 59 TABLE OF CONTENTS (continued) Page LEGAL_US_E # 70626292.5 -iii- 8.01 Trust Fund. .........................................................................................................28 8.02 Amendment of Trust. .........................................................................................28 8.03 Discontinuance of Trust and Vesting. ................................................................29 8.04 Powers of the Commission...................................................................................29 8.05 Investment of Fund. ............................................................................................29 8.06 Taxation. .............................................................................................................30 8.07 Resignation of Trustee. ......................................................................................30 8.08 Successor Trustees. ............................................................................................30 8.09 Disbursements. ...................................................................................................31 SECTION 9 AMENDMENT AND TERMINATION .......................................................31 9.01 Amendment of the Plan. .....................................................................................31 9.02 Termination of the Plan. .....................................................................................31 SECTION 10 MISCELLANEOUS.......................................................................................33 10.01 Headings. ............................................................................................................33 10.02 Construction. .......................................................................................................33 10.03 Nonalienation. ....................................................................................................33 10.04 Benefits Supported Only By Fund. ....................................................................33 10.05 Discrimination. ...................................................................................................33 10.06 Limitation of Liability; Legal Actions. ..............................................................33 10.07 Claims. ................................................................................................................34 10.08 Forfeitures. .........................................................................................................34 10.09 Applications. ......................................................................................................34 10.10 Effect of Extension of the Federal Social Security Act. ....................................34 Attachment number 1 Page 4 of 39 Item # 59 LEGAL_US_E # 70626292.5 1 CITY OF AUGUSTA 1949 GENERAL RETIREMENT FUND INTRODUCTION Effective March 1, 1949, the General Assembly of Augusta, Georgia established the “City of Augusta 1949 Georgia Retirement Fund,” hereinafter referred to as the Plan. Participation in the Plan was frozen effective as of December 31, 1986, meaning that the Plan only covers Employees hired on or before December 31, 1986 and no Employees hired after that date are eligible to participate in the Plan. On ___________ ___, 2006, the Augusta-Richmond County Commission, as successor to the City Council of Augusta, approved this restatement of the Plan effective January 1, 1984 (except as otherwise provided herein) so as to conform the Plan with relevant provisions of the following federal laws: the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”), the Deficit Reduction Act of 1984 (“DEFRA”), the Retirement Equity Act of 1984 (“REA”), the Tax Reform Act of 1986, the Omnibus Budget Reconciliation Act of 1986, the Omnibus Budget Reconciliation Act of 1987, the Technical and Miscellaneous Revenue Act of 1988, the Omnibus Budget Reconciliation Act of 1989, the Omnibus Budget Reconciliation Act of 1990 (collectively referred to as “TRA’86”), the Unemployment Compensation Amendments of 1992 (“UCA’92”), the Omnibus Budget Reconciliation Act of 1993 (“OBRA’93”), the Uruguay Round Agreements Act (“GATT”), the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), the Small Business Job Protection Act of 1996 (“SBJPA”), the Taxpayer Protection Act of 1997 (“TRA’97”), the Internal Revenue Service Restructuring and Reform Act of 1998 (“RRA ‘98”), and the Community Renewal Tax Relief Act of 2000 (“CRA” and together with GATT, USERRA, SBJPA, TRA ‘97, and RRA ‘98 are referred to as “GUST”) and certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”), with such EGTRRA amendments being made as good faith compliance with the requirements of EGTRRA, to be construed in accordance with EGTRRA and guidance issued thereunder. It is the City’s intention to fully honor all benefits and rights that Plan Participants have accrued under the Plan prior to this restatement. The Plan shall be administered and construed accordingly, and the Plan’s administrator shall construe and interpret every provision of the Plan’s restatement in a manner that preserves each Plan Participant’s benefits or rights that accrued prior to ___________ ___, 2006. Nevertheless, any Participant whom the Commission does not classify as an Employee on or after January 1, 2006 shall have his benefits and rights determined under the provisions of the Plan that were in effect when the Commission last classified him or her as an Employee. Attachment number 1 Page 5 of 39 Item # 59 LEGAL_US_E # 70626292.5 2 Specifically, the restated Plan honors the following pre-2006 Plan provisions in the following manner: Plan Provision Prior Section, Per Relevant Ordinances Plan Section (as Adopted in 2006) Continued Participation for those employed on 12/31/87 1, 2 2.01 Age 35 limit on participation 2 Superseded and inapplicable Funding: Creation and Administration 3 8 City Contribution 4 5.01 Employee Contributions 4 5.02 Normal Retirement Benefits 5(1) 3.01 Delayed Retirement Benefits 5(2) 3.04 Early Retirement Benefits 5(6) 3.02 Special Unreduced Early Retirement (20+ years) 5(7) 3.10 Enhanced Early Retirement Benefits 5A 3.09 Disability Retirement Benefits 5(5), 7 3.03 Continuity of Service 6 1.11 Amount of Retirement Allowance 7 3.01 Cost of Living Adjustments 76(1) 3.06 Alternative Form of Retirement Allowance 8 6 Surviving Spouse Benefits; Benefits for widows of Employees Killed in Line of Duty 8A, 9 4.01, and 4.02 Withdrawal of Contributions 9 5.02(b) Termination of Employment 9(1) 3.05 Assignment Prohibited 10 10.03 Effect of Extension of Federal Social Security Act 11 10.10 Plan Construction 12 10.02 The Plan will be administered by the Commission as described in Section 7. All benefits to be provided under the Plan will be funded under a trust established in accordance with Section 8. Attachment number 1 Page 6 of 39 Item # 59 LEGAL_US_E # 70626292.5 3 SECTION 1 DEFINITIONS As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meanings indicated: 1.01 Accrued Benefit. The retirement benefit which the Participant has earned as of the date of determination, calculated under Subsection 3.01(b) on the basis of his Average Earnings and Credited Service, which is payable as of his Normal Retirement Date in the form of a life annuity, with a guarantee of the refund of Employee Contributions with interest for the Participant who dies before receiving an amount of benefit payments that at least equal his Employee Contributions with interest. 1.02 Actuarial Equivalent. (a) A benefit of equal value computed on the basis of (i) the 1971 Group Annuity Mortality Table, and (ii) interest at 6% compounded annually for forms of payment other than lump sum; the interest rate used to determine the equivalent lump sum value of monthly benefits will be in the PBGC schedule of immediate and graded deferred rates in effect on the first day of the Plan Year in which the benefit is calculated. (b) Effective January 1, 1995, the table referenced in clause (i) of subsection (a) shall be a mortality table based on a fixed blend of 50% of the male mortality rates and 50% the female mortality rates from the 83 GAM table, 83 GAM Unisex, as provided under Revenue Ruling 95-6. (c) Effective with respect to annuity starting dates on or after December 31, 2002, the table referenced in clause (i) of subsection (a) shall be a mortality table based upon a fixed blend of 50% of the unloaded male mortality rates and 50% of the unloaded female mortality rates underlying the mortality rates in the 1994 Group Annuity Reserving Table, projected to 2002, 94 GAR, as provided under Revenue Ruling 2001-62. 1.03 Average Earnings. The monthly average of the Participant’s Earnings for the thirty-six (36) consecutive calendar months, immediately preceding the earlier to occur of: (a) the date on which the Participant’s employment with the employer terminates for any reason or (b) the Participant’s actual retirement date. Average Earnings shall be determined by dividing the total earnings received by the Participant during the appropriate three (3) year period, or lesser number of years if applicable, by the number of months for which he received earnings in such period. 1.04 Beneficiary. The person(s) designated by the Participant in accordance with Section 4.04 who is entitled to receive benefits at the death of a Participant under Sections 4 or 6. 1.05 City. The city of Augusta, Georgia, successor to the Plan through consolidation by the City Council of Augusta. 1.06 Code. The Internal Revenue Code of 1986 as amended from time to time, and regulations or rulings issued thereunder. Attachment number 1 Page 7 of 39 Item # 59 LEGAL_US_E # 70626292.5 4 1.07 Commission. Augusta-Richmond County Commission, as successor to The City Council of Augusta, Georgia, which Augusta-Richmond County Commission shall act in the dual capacity of administrator of the Plan and Trustee of the Fund. 1.08 Committee. the pension committee consisting of the Augusta-Richmond County Commission. 1.09 Comptroller. The elected comptroller of Augusta. 1.10 Contributions. The payments made by the Participants to the Fund in accordance with Section 5. 1.11 Credited Service. (a) The number of years of uninterrupted and continuous employment (completed months expressed as a fractional year) of the Employee with the Employer from (i) the date he last entered the employment of the Employer, to (ii) the earlier of his date of termination of employment for any reason or his actual retirement date. (b) Credited Service will not be interrupted by: (1) vacation, or approved leave of absence authorized by the Employer of not more than ninety days in one calendar year; (2) voluntary or involuntary service in the Armed Forces of the United States in the time of war; (3) reelection or reappointment at the end of a term; or (4) periods of approved leaves of absence during which the Participant incurs a Total and Permanent Disability within the meaning of Section 3.03, provided that he recovers from a Total and Permanent Disability and is reemployed by the Employer as required under Section 3.03(a) or 3.03(b). (c) For benefit purposes, no Participant will receive any credit for any period of inactive employment. For vesting purposes, an Employee who has one or more breaks in employment will receive credit only from his most recent date of reemployment. (d) Effective December 12, 1994, notwithstanding anything in the Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Code. 1.12 Deputy Comptroller. The duly commissioned deputy comptroller of the City. 1.13 Earnings. (a) The total salary, wages, or remuneration paid to the Participant by the Employer during any Plan Year. Effective as of January 1, 1998, the term “Earnings” shall also include any elective deferral (within the meaning of Code Section 402(g)(3)) Attachment number 1 Page 8 of 39 Item # 59 LEGAL_US_E # 70626292.5 5 and any amounts that are deferred by the Employer at the election of the Employee that are not included in the Employee’s gross income pursuant to Code Section 125 or 457. Effective January 1, 2001, Earnings shall also include elective amounts that are not includable in the Employee’s gross income by reason of Code Section 132(f)(4). With respect to Plan Years from January 1, 1989 through December 31, 1996, the rules of Code Section 414(q)(6) shall apply in determining a Participant’s Earnings, except that the term ‘family’ includes only the Participant’s spouse and any lineal descendants who have not attained age 19 before the end of the Plan Year. (b) Effective January 1, 2006, a Participant’s Earnings shall be disregarded to the extent such Earnings exceed $220,000, as such amount may be adjusted from time to time for increases in the cost of living in accordance with the Code and regulations thereunder. With respect to Plan Years from January 1, 2005 through December 31, 2005, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$210,000”. With respect to Plan Years from January 1, 2004 through December 31, 2004, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$205,000”. With respect to Plan Years from January 1, 2002 through December 31, 2003, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$200,000”. With respect to Plan Years from January 1, 2001 through December 31, 2001, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$170,000”. With respect to Plan Years from January 1, 1994 through December 31, 2000, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$150,000”. With respect to Plan Years from January 1, 1989 through December 31, 1993, “$220,000” in the first sentence of this Section 1.13(b) shall be replaced with “$200,000”. With respect to Plan Years from January 1, 1976 through December 31, 1983, “$220,000” in the first sentence of this subsection (b) shall be replaced with “$100,000”. 1.14 Effective Date. For purposes of this Plan as restated, except as otherwise set forth herein, the ‘Effective Date’ shall be January 1, 1984. The Plan was originally established effective March 1, 1949. 1.15 Employee. Any employee, officer, appointee or electee of the Commission as now constituted or hereafter constituted, and any employee, officer, appointee or electee under any official of the City as now constituted or hereafter constituted who is elected by the vote of the electorate but excluding: (a) employees of the University Hospital; (b) the Recorder; (c) the Assistant Recorder; (d) employees of the Sinking Fund Commission; and (e) other officers elected by vote of the electorate. Attachment number 1 Page 9 of 39 Item # 59 LEGAL_US_E # 70626292.5 6 1.16 Employer or County. Augusta-Richmond County, as successor by consolidation to The City Council of Augusta and Richmond County, created by 1995 Ga. Laws p. 3648, as amended. 1.17 Fund. The Fund trust fund created in accordance with the Plan and Trust. 1.18 Joint Annuitant. The person designated by the Participant to receive payments after the death of the Participant as provided in accordance with Section 3. 1.19 Mayor. The mayor of Augusta, Georgia. 1.20 Participant. An Employee who is eligible to participate in the Plan as provided in Section 2. 1.21 Payee. The Beneficiary or Joint Annuitant designated by the Participant in accordance with Section 1.04 or 1.18 hereof to receive benefits under the Plan after his death. 1.22 Pension Fund Investment Committee. The pension fund investment committee consisting of the members of the Augusta-Richmond County Commission-Council, which committee shall invest the Fund in accordance with Section 8.05. 1.23 Plan. The City of Augusta 1949 General Retirement Fund as contained herein, all amendments thereto which may hereafter be made and any existing acts of the General Assembly of Georgia, and or ordinances adopted under the Home Rule provisions of Georgia law pertaining to the City of Augusta 1949 General Retirement Fund. The Plan shall include the Trust as hereinafter defined. 1.24 Plan Year. The twelve month period ending December 31 of each year. 1.25 Secretary. The Mayor acting in his capacity as secretary of the Committee. 1.26 Total and Permanent Disability. (a) The Commission shall determine whether a Participant shall be considered Totally and Permanently Disabled and the Commission shall declare in its findings whether or not such disability is permanent and total. The Commission shall base its determination as to whether a Participant is Totally and Permanently Disabled on whether the Participant is not able, on account of disability received in the discharge of his employment duties, to adequately discharge the duties of his job or office, nor ever will be. (b) Upon a Participant’s application to the Comptroller stating that he is Totally and Permanently Disabled, the chief executive of Augusta or other official as designated by the Augusta-Richmond County Commission shall immediately designate a physician to examine the applicant and no such retirement shall be allowed under Section 3.03 unless the physician so appointed files with the Mayor as the chief executive of Augusta such physician’s affidavit that he has examined the applicant and found him totally and permanently incapable of pursuing any gainful occupation; provided, that the applicant if aggrieved by the decision of Attachment number 1 Page 10 of 39 Item # 59 LEGAL_US_E # 70626292.5 7 Augusta’s physician may designate a physician on his own part who together with Augusta’s physician shall designate a third physician and the decision of the majority of said three (3) physicians shall be the final decision regarding whether the Participant has incurred a Total and Permanent Disability recommended to the Commission for its determination, which shall be final and binding. (c) Notwithstanding anything in this Section 1.26 to the contrary, whether a Participant is Totally and Permanently Disabled shall be subject to the exclusions set forth in Section 3.03. 1.27 Trust Agreement or Trust. The agreement of trust between the Commission, in its capacity as the governing body of the Employer and the Commission, in its capacity as Trustee, which shall govern the continuation and maintenance of the trust fund, and all amendments thereto. 1.28 Trustee. The Commission in its capacity as trustee. 1.30 Vested Percentage. Vested Percentage will be determined in accordance with Section 3.05. SECTION 2 ELIGIBILITY AND PARTICIPATION 2.01 Eligibility. Each Participant in the Plan on December 31, 1996 (according to the Plan terms then in effect) shall continue to be a Participant, and no other Employee shall be eligible to participate. In accordance with Ordinance No. 5399, no Employee hired after February 28, 1987 is eligible to become a Participant in this Plan. 2.02 Special Rules for Pre-1997. Each Participant whom the Commission has not classified as an Employee on or after January 1, 1997, shall have his rights under the Plan determined in accordance with any applicable acts of the General Assembly of Georgia and any ordinances adopted under the ‘home rule’ of Georgia law pertaining to the City of Augusta 1949 General Retirement Fund as were in effect on the last day of such classification as an Employee. SECTION 3 RETIREMENT DATES AND BENEFITS 3.01 Normal Retirement. Normal retirement under the Plan is retirement from the employ of the City on the Normal Retirement Date. In the event of normal retirement, payment of the retirement benefit shall be governed by the following provisions of this Section. (a) Normal Retirement Date, The Normal Retirement Date of a Participant shall be the first day of the month coincident with or next following the date he reaches: (1) Age fifty-five (55) if he is a Firefighter or Peace Officer and has at least twenty-five (25) years of Credited Service; or (2) Age sixty (60) if he is employed in a capacity other than as a Firefighter or Peace Officer and has at least twenty-five (25) years of Credited Service. Attachment number 1 Page 11 of 39 Item # 59 LEGAL_US_E # 70626292.5 8 For purposes of this Section 3.01, a “peace officer” is defined as any Participant who is “POST” (Peace Officer Standards and Training) certified and a “Firefighter” is defined as any Participant who is “FOST” (Firefighter Officer Standards and Training) certified. (b) Amount of Retirement Benefit. (1) If the Participant retires on his Normal Retirement Date on or after January 1, 1995, the Participant shall receive a monthly retirement benefit of an amount equal to (i) 2.15% of the Participant’s Average Earnings multiplied by the number of months of such Credited Service (up to a limit of 360 months), plus (ii) 1.5% of the Participant’s Average Earnings multiplied by the number of months of such Credited Service in excess of the 360 month limit. (2) Any Participant who retired on or after June 21, 1993 shall receive a monthly retirement benefit of an amount equal to 1.75% of the Participant’s average annual rate of pay for the last three years of his or her service, multiplied by the number of years of such service; provided that any such Participant may, subject to such rules and regulations as the City Council may from time to time establish, elect to receive a pension for his lifetime payable monthly at an annual rate amounting to 2% of his average annual rate of pay for the last three years of his service, the annual amount thereof, however, not to exceed 60% of the said average annual rate of pay. (3) Any Participant who retired on or after October 9, 1987 shall receive a monthly retirement benefit of an amount equal to 1% of the Participant’s average annual rate of pay for the last three years of his or her service, multiplied by the number of years of such service; provided that any such Participant may, subject to such rules and regulations as the City Council may from time to time establish, elect to receive a pension for his or her lifetime payable monthly at an annual rate amounting to 2% of his or her average annual rate of pay for the last three years of his service, the annual amount thereof, however, not to exceed 60% of the said average annual rate of pay. (4) Any Participant who retired on or after March 1, 1949 shall receive during his lifetime a pension, payable monthly, at an annual rate amounting to 1% of his or her average annual rate of pay for the last five years of his or her service, multiplied by the number of years of such service; provided, effective March 10, 1966, that any such Participant may, subject to such rules and regulations as the City Council may from time to time establish, elect to receive a pension for his or her lifetime payable monthly at an annual rate amounting to 2% of his or her average annual rate of pay for the last five years of his or her service, the annual amount thereof, however, not to exceed 60% of the said average annual rate of pay. Attachment number 1 Page 12 of 39 Item # 59 LEGAL_US_E # 70626292.5 9 (c) Payment of Retirement Benefit. The retirement benefit payable in the event of normal retirement shall be payable on the first day of each month. The first payment shall be made on the Participant’s Normal Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to the provision of Section 4.02. 3.02 Early Retirement. Early retirement under the Plan is retirement from the employ of the City prior to the Normal Retirement Date. Early retirement shall be authorized only within five (5) years of the Participant’s Normal Retirement Date, and only if by such time, the Participant has at least twenty (20) years of Credited Service. In the event of early retirement under these conditions, payment of the retirement benefit shall be governed by the following provisions of this Section. Notwithstanding the foregoing, if a Participant receives special early retirement benefits under Section 3.10 or 3.11, the Participant shall be ineligible for benefits under this Section 3.02. (a) Early Retirement Date. The Early Retirement Date of a Participant shall be the first day of the month coincident with or immediately following the date he retires from the employ of the City under the provision of this Section. (b) Amount of Retirement Benefit. A Participant at retirement an his Early Retirement Date shall at his option receive either: (1) a deferred monthly retirement benefit commencing on his Normal Retirement Date, provided he is then alive, equal to an amount computed in the same manner as for normal retirement in accordance with Section 3.01(b), but based on Credited Service and Average Earnings as of his Early Retirement Date; or (2) an immediate monthly retirement commencing on his Early Retirement Date equal to the benefit determined in Section 3.02(b) above, reduced by .05 % for each complete month by which the Early Retirement Date of a Participant precedes his Normal Retirement Date. (c) Payment of Retirement Benefit: The monthly retirement benefit payable in the event of early retirement shall be payable on the first day of each month. The first payment shall be made on the optional date elected by the Participant under Section 3.02(a) above and the last payment shall be the payment due next preceding his date of death, subject to Section 4.02. (d) This Section 3.02 is effective as of April 10, 1971. 3.03 Disability Retirement. (a) A Participant may retire under the Plan if he becomes Totally and Permanently Disabled and the Participant: (1) has incurred the Total and Permanent Disability as a result of injury or illness incurred in the performance of his employment duties; or Attachment number 1 Page 13 of 39 Item # 59 LEGAL_US_E # 70626292.5 10 (2) has incurred the Total and Permanent Disability as a result of injury or illness from any cause; provided that the Participant has ten (10) years of Credited Service at the time of the Total and Permanent Disability. (b) Notwithstanding anything in this Section to the contrary, a Participant shall not be entitled to receive any disability retirement benefit if the Participant’s disability is a result of any of the following: (1) the Participant’s willful misconduct, or (2) the Participant’s intoxication. (c) Disability Retirement Date. The Disability Retirement Date of a Participant shall be the first day of the month which coincides with or next follows the date the Commission approves payment of the Participant’s disability benefit. (d) Disability Retirement Benefit. The monthly retirement benefit payable to a Participant on his Disability Retirement Date shall be equal to one half of the Participant’s Average Earnings; provided however, that should such Participant receive any Workmen’s Compensation while so disabled, such Workmen’s Compensation so received, excluding, medical, doctor, nursing and hospitalization, shall be subtracted from any pension voucher paid to the Participant, and he shall receive only the excess of any pension due him after the subtraction of the amount of Workmen’s Compensation received by him, less any other indebtedness due the City by the Participant. Such retirement shall herein be referred to as disability retirement and payment of the disability retirement benefit shall be governed by the following provisions of this Section. (e) Payment of Disability Retirement Benefit. The retirement benefit to which a Participant is entitled in the event of his Total and Permanent Disability shall be payable on the first day of each month. The first payment shall be made on the Participant’s Disability Retirement Date and the last payment shall be the payment due next preceding the earlier of: (a) his date of death, (subject to the provisions of Section 4.02) or (b) the cessation of his Total and Permanent Disability prior to his Normal Retirement Date. (f) Termination of Disability Retirement Benefit. The continuance of any disability may be inquired into by medical examination, as provided in Section 1.26, upon the application of any interested party and for good cause shown. If the Participant’s Disability is discontinued because of the findings of a medical examination or otherwise, the Commission is hereby authorized to terminate any retirement payments payable under this Section, to reemploy any rehabilitated Participant, continue retirement benefits in lieu of reinstatement, or make such other disposition of the claim for retirement benefits as may be necessary and proper. 3.04 Delayed Retirement. Attachment number 1 Page 14 of 39 Item # 59 LEGAL_US_E # 70626292.5 11 (a) Delayed retirement under the Plan is retirement from the employ of the City after the Normal Retirement Date but in no event later than: (1) Age sixty (60) if he is a firefighter or police officer; or (2) Age seventy (70) if he is employed in a capacity other than as a firefighter or police offer and has at least twenty-five (25) years of Credited Service. (b) Notwithstanding anything to the contrary, the Commission shall not interpret this Section in manner that would violate the Age Discrimination in Employment Amendments of 1986, as amended. In the event of delayed retirement, payment of the retirement benefit shall be governed by the following provisions of this Section. (c) Delayed Retirement Date. The Delayed Retirement Date of a Participant shall be the first day of the month coincident with or immediately following the date he actually retires from the employ of the City after his Normal Retirement Date in accordance with this subsection (A) of this Section. (d) Amount of Retirement Benefit. The monthly retirement benefit payable to a Participant who retires on his Delayed Retirement Date shall be an amount computed in the same manner as for normal retirement in accordance with Section 3.01(b), but based on Credited Service and Average Earnings as of his actual retirement date; provided, however, such amount shall not be less than the monthly benefit the Participant would have received had he retired on his Normal Retirement Date. (e) Payment of Retirement Benefit. The retirement benefit payable in the event of delayed retirement shall be payable on the first day of each month. The first payment shall be made on the Participant’s Delayed Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to Section 4.02. 3.05 Termination of Employment. (a) A Participant who terminates employment with the City before otherwise becoming eligible for retirement benefits under this Section 3, but after having completed at least fifteen (15) years of Credited Service and attaining the age of forty five (45) shall have a right to the ‘Vested Percentage’, as defined in subsection (b) of this Section 3.05, of his Accrued Benefits in lieu of withdrawal of his Contributions, if any, under Section 5.02(b). Provided that the Participant is alive at such date, such benefits will be payable at the Participant’s Normal Retirement Date and in such amount as provided in Section 3.01(b) without reduction, or at the Participant’s Early Retirement Date but subject to such reduction as provided in Section 3.02(b)(2). (b) For purposes of this Section, “Vested Percentage” shall mean 50% of the Participant’s Accrued Benefit plus an additional 10% of his Accrued Benefit for each year of Credited Service in excess of 15 years up to a maximum Vested Attachment number 1 Page 15 of 39 Item # 59 LEGAL_US_E # 70626292.5 12 Percentage of 100%. For purposes of this Section, Accrued Benefit shall be determined as of the Participant’s date of termination of employment, and shall otherwise be determined in the same manner as for normal retirement benefits but reflecting the Participant’s Credited Service and Average Earnings determined as of the date of the Participant’s employment termination. (c) This Section 3.05 is effective as of April 10, 1971. 3.06 Cost-of-Living Adjustment of Benefits. Effective April 10, 1971, all retirement and disability benefits received under this Section 3 shall be adjusted annually pursuant to this Section 3.06. (a) For purposes of this Section, “Index Ratio” means the ratio attained by dividing the “Consumer Price Index” (as determined by the Bureau of Labor Statistics of the United States Department of Labor) for the current calendar year by the Consumer Price Index for the calendar year immediately preceding the current calendar year. (1) Index Ratio of 1.02 or More – If the Index Ratio is 1.02 or greater, the retired Participant’s monthly retirement benefit will be increased in accordance with subsection (B) of this Section. (2) Index Ratio of Between .96 and 1.01 – If the Index Ratio is between .96 and 1.01, the retired Participant’s monthly retirement benefit will not be adjusted pursuant to subsection (B) of this Section, and the Consumer Price Index for the current year ending on December 31st shall be replaced by the Consumer Price Index for the year ending on December 31st when the Participant’s retirement benefits were last adjusted. (3) Index Ratio of .95 or Less- If the Index Ratio is .95 or less, the retired Participant’s monthly retirement benefit will be decreased in accordance with subsection (B) of this Section. (b) On the December 31st coinciding with or next following the date of the Participant’s date of actual retirement under this Section 3 (the “December 31 Following Retirement”), the Consumer Price Index for the year ending on such December 31 Following Retirement shall be posted to the retired Participant’s retirement record. Subject to Subsection (A) of this Section, on each anniversary of the December 31 Following Retirement while the retired Participant is receiving monthly retirement benefits under this Section 3, the monthly retirement benefits shall be adjusted on April 1 of each year by multiplying the amount of the annual retirement benefit received during the previous calendar year by the Index Ratio. 3.07 Required Distribution Rules Effective January 1, 1987 Through December 31, 2002. (a) Payment to the Participant. Attachment number 1 Page 16 of 39 Item # 59 LEGAL_US_E # 70626292.5 13 (1) Any other provision of the Plan notwithstanding, the Plan will cash-out each Participant’s Accrued Benefit, or will begin annuity payments, no later than the April 1 following the calendar year in which he retires, or the later calendar year in which he reaches age 70½. (2) The Plan will pay the Accrued Benefit over a period not extending beyond the Participant’s lifetime or life expectancy, or over a period not extending beyond the joint and last survivor life expectancies of the Participant and his spouse or other beneficiary, using age(s) attained as of the end of the calendar year in which the Participant retires (or reaches age 70½ if later), and the Accrued Benefit as of that date. However, if the beneficiary of a joint and survivor annuity form of payment is not the spouse and is more than 10 years younger than the Participant, payments to the beneficiary will not exceed the applicable percentage of the Participant’s benefit payments required by the incidental benefit rule. The Commission will not recalculate the life expectancy(s). (b) Participant’s Death After Benefits Begin. If the Participant dies after his payments have begun in a survivor annuity form, the Commission will pay the survivor benefits at least as rapidly as under the form of annuity in effect before his death. (c) Participant’s Death Before Benefits Begin. If the Participant dies before his payments have begun, the Commission will pay his entire Accrued Benefit no later than December 31 of the calendar year which contains the fifth anniversary of his death. However, this five-year rule will not apply if the primary Beneficiary is an individual and circumstances permit the Commission to use the exception described below. (1) Surviving Spouse as Primary Beneficiary. If the Participant’s surviving spouse is the Beneficiary, the Commission will begin payments not later than the end of the calendar year during which the Participant would have reached age 70½, and will continue payments over a period not extending beyond the Participant’s spouse’s life expectancy, using age attained as of that date and not recalculated. (2) Non-Spouse Primary Beneficiary. If the Beneficiary is an individual other than the Participant’s spouse, the Commission will begin payments not later than the last day of the calendar year following the year in which the Participant’s death occurs, and will continue payments over a period not extending beyond the Beneficiary’s life, or life expectancy determined as of that date and not recalculated. If the Beneficiary dies before receiving 120 payments under the ten years certain and life annuity described in Section 6.01(a), the Commission will continue to use the primary Beneficiary’s life expectancy for purposes of making payments to an individual contingent Beneficiary. Attachment number 1 Page 17 of 39 Item # 59 LEGAL_US_E # 70626292.5 14 (d) Compliance with Code Section 401(a)(9). Effective January 1, 1987, it is the intent of the Commission that this Section provide that the beginning dates and payment periods of benefits payable to each Participant and Beneficiary will be within the limitations permitted under Code Section 401(a)(9), as in effect from time to time, and the proposed regulations under Code Section 401(a)(9) published in the Federal Register on July 27, 1987, 52 FR 28070. If there is any discrepancy between this Section 3.07 and Code Section 401(a) (9) and its associated regulations, that Code Section and regulations will prevail. 3.08 Required Distribution Rules Effective January 1, 2003. (a) General Rules. (1) Precedence. The requirements of this article will take precedence over any inconsistent provisions of the Plan. (2) Requirements of Treasury Regulations Incorporated. All distributions required under this Section 3.08 will be determined and made in accordance with the Treasury regulations under Section 401(a)(9) of the Internal Revenue Code. (b) Time and Manner of Distribution. (1) Required Beginning Date. The Participant’s entire interest will be distributed, or begin to be distributed, to the Participant no later than the participant’s Required Beginning Date. (2) Death of a Participant Before Distributions Begin. If the Participant dies before the distributions begin, the Participant’s entire interest will be distributed, or begin to be distributed, no later than as follows: A. If the Participant’s surviving spouse is the Participant’s sole Designated Beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70 1/2, if later. B. If the Participant’s surviving spouse is not the Participant’s sole Designated Beneficiary, then distributions to the Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. C. If there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, the Participant’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death. D. If the Participant’s surviving spouse is the Participant’s sole Designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this Section 3.08(b)(2), other than section 3.08(b)(2)A., will apply as if the surviving spouse were the participant. Attachment number 1 Page 18 of 39 Item # 59 LEGAL_US_E # 70626292.5 15 For purposes of this section 3.08(b)(2) and section 3.08(e), distributions are considered to begin on the Participant’s Required Beginning Date (or, if section 3.08(b)(2)D. applies, the date distributions are required to begin to the surviving spouse under section 3.08(b)(2)A.). If annuity payments irrevocably commence to the Participant before the Participant’s Required Beginning Date (or to the Participant’s surviving spouse before the date distributions are required to begin to the surviving spouse under section 3.08(b)(2)A.), the date distributions are considered to begin is the date distributions actually commence. (3) Form of Distribution. Unless the Participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the Required Beginning Date, as of the first distribution calendar year distributions will be made in accordance with Sections 3.09(c), 3.09(d) and 3.09(e) hereof. If the Participant’s interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Code Section 401(a)(9) and the Treasury regulations. Any part of the Participant’s interest which is in the form of an individual account described in Code Section 414(k)will be distributed in a manner satisfying the requirements of Code Section 401(a)(9) and the Treasury regulations that apply to individual accounts. (c) Determination of Amount to be Distributed Each Year. (1) General Annuity Requirements. If the Participant’s interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements: A. the annuity distributions will be paid in periodic payments made at intervals not longer than one year; B. the distribution period will be over a life (or lives) or over a period certain not longer than the period described in section 4 or 5; C. once payments have begun over a period certain, the period certain will not be changed even if the period certain is shorter than the maximum permitted; D. payments will either be nonincreasing or increase only as follows: (i) by an annual percentage increase that does not exceed the annual percentage increase in a cost-of-living index that is based on prices of all items and issued by the Bureau of Labor Statistics; (ii) to the extent of the reduction in the amount of the participant’s payments to provide for a survivor benefit upon death, but only if the beneficiary whose life was being used to determine the distribution period described in section 4 dies or is no longer the participant’s beneficiary pursuant to a qualified domestic relations order within the meaning of section 414(p); Attachment number 1 Page 19 of 39 Item # 59 LEGAL_US_E # 70626292.5 16 (iii) to provide cash refunds of employee contributions upon the participant’s death; or (iv) to pay increased benefits that result from a plan amendment. (2) Amount Required to be Distributed by Required Beginning Date. The amount that must be distributed on or before the Participant’s Required Beginning Date (or, if the participant dies before distributions begin, the date distributions are required to begin under section 3.08(b)(2)A. or 3.08(b)(2)B.) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., bi-monthly, monthly, semi-annually, or annually. All of the Participant’s benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Participant’s Required Beginning Date. (3) Additional Accruals After First Distribution Calendar Year. Any additional benefits accruing to the Participant in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) Requirements for Annuity Distributions that Commence During Participant’s Lifetime. (1) Joint Life Annuities Where the Beneficiary is Not the Participant’s Spouse. If the Participant’s interest is being distributed in the form of a joint and survivor annuity for the joint lives of the Participant and a nonspouse beneficiary, annuity payments to be made on or after the Participant’s Required Beginning Date to the Designated Beneficiary after the Participant’s death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been payable to the Participant using the table set forth in Q&A-2 of section 1.401(a)(9)-6T of the Treasury regulations. If the form of distribution combines a joint and survivor annuity for the joint lives of the Participant and a nonspouse beneficiary and a period certain annuity, the requirement in the preceding sentence will apply to annuity payments to be made to the Designated Beneficiary after the expiration of the period certain (2) Period Certain Annuities. Unless the Participant’s spouse is the sole Designated Beneficiary and the form of distribution is a period certain and no life annuity, the period certain for an annuity distribution commencing during the Participant’s lifetime may not exceed the applicable distribution period for the Participant under the Uniform Lifetime Table set forth in Attachment number 1 Page 20 of 39 Item # 59 LEGAL_US_E # 70626292.5 17 section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that contains the annuity starting date. If the annuity starting date precedes the year in which the Participant reaches age 70, the applicable distribution period for the Participant is the distribution period for age 70 under the Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury regulations plus the excess of 70 over the age of the Participant as of the Participant’s birthday in the year that contains the annuity starting date. If the Participant’s spouse is the Participant’s sole Designated Beneficiary and the form of distribution is a period certain and no life annuity, the period certain may not exceed the longer of the Participant’s applicable distribution period, as determined under this Section 3.08(d)(2), or the joint life and last survivor expectancy of the Participant and the Participant’s spouse as determined under the Joint and Last Survivor Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the Participant’s and spouse’s attained ages as of the Participant’s and spouse’s birthdays in the calendar year that contains the annuity starting date. (e) Requirements for Minimum Distributions Where Participant Dies Before Date Distributions Begin. (1) Participant Survived by Designated Beneficiary. If the Participant dies before the date distribution of his or her interest begins and there is a Designated Beneficiary, the Participant’s entire interest will be distributed, beginning no later than the time described in section 3.08(b)(2)A. or 3.08(b)(2)B., over the life of the Designated Beneficiary or over a period certain not exceeding: A. unless the annuity starting date is before the first distribution calendar year, the life expectancy of the Designated Beneficiary determined using the beneficiary’s age as of the beneficiary’s birthday in the calendar year immediately following the calendar year of the Participant’s death; or B. if the annuity starting date is before the first distribution calendar year, the life expectancy of the Designated Beneficiary determined using the beneficiary’s age as of the beneficiary’s birthday in the calendar year that contains the annuity starting date. (2) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, distribution of the Participant’s entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the participant’s death. (3) Death of Surviving Spouse Before Distributions to Surviving Spouse Begin. If the Participant dies before the date distribution of his or her interest begins, the Participant’s surviving spouse is the Participant’s sole Designated Beneficiary, and the surviving spouse dies before distributions to the surviving spouse begin, this section 5 will apply as if the surviving Attachment number 1 Page 21 of 39 Item # 59 LEGAL_US_E # 70626292.5 18 spouse were the Participant, except that the time by which distributions must begin will be determined without regard to section 2.2(a). (f) Definitions. For purposes of this Section 3.08, the capitalized terms used herein shall have the following meanings: (1) Designated Beneficiary. The individual who is designated as the Beneficiary under Section 4.04 of the Plan and is the designated beneficiary under section 401(a)(9) of the Internal Revenue Code and section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations. (2) Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant’s death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant’s Required Beginning Date. For distributions beginning after the Participant’s death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to section 3.08(b)(2). (3) Life Expectancy. Life expectancy as computed by use of the Single Life Table in section 1.401(a) (9)-9 of the Treasury regulations. (4) Required Beginning Date. April 1 of the calendar year following the later of the calendar year in which the Participant attains age 70½ or the calendar year in which the Participant retires from employment with the City. 3.09 Code Section 415 Limit. (a) Definitions. When used in this Section 3.09, the following terms shall have the definitions set forth in this Section 3.09(a). (1) Defined Benefit Dollar Limitation. A. Effective as of January 1, 1976, the “Defined Benefit Dollar Limitation” is $75,000 (subject to adjustments required under applicable law for employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies. B. Effective as of January 1, 1983, the “Defined Benefit Dollar Limitation” is $90,000 (subject to adjustments required under applicable law for employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies. Attachment number 1 Page 22 of 39 Item # 59 LEGAL_US_E # 70626292.5 19 C. Effective as of January 1, 2002, the "Defined Benefit Dollar Limitation” is $160,000 (subject to adjustments required under applicable law for employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies. (2) Defined Benefit Compensation Limitation. The “Defined Benefit Compensation Limitation” is 100% of Participant’s average compensation for his or her high 3 years of employment with the City. (3) Maximum Permissible Benefit. The “Maximum Permissible Benefit” is the lesser of the Defined Benefit Dollar Limitation or the Defined Benefit Compensation Limitation (both adjusted where required, as provided in paragraphs (A) of (B) of this Section 3.09(a)(1). (4) Minimum Age. A. Effective as of January 1, 1976, the “Minimum Age” is 55. B. Effective as of January 1, 1983, the “Minimum Age” is 62. (5) Maximum Age. Effective as of January 1, 1983, the “Maximum Age” is 65. (b) Limitation on Benefits. (1) Effective January 1, 1976 and subject to this Section 3.09, in no event will the annual benefits payable to any Participant exceed the Maximum Permissible Benefit at the time the Participant ceases to accrue Credited Service. (2) In accordance with Code Section 415(b)(10), notwithstanding anything in this Section 3.09 to the contrary, for purposes of Employees who became Participants before January 1, 1990, the benefit limitations contained in this Section 3.09 shall not be less than such Participant’s Accrued Benefit under the Plan (as determined without regard to any Plan amendment made after October 14, 1987). (c) Adjustments to the Defined Benefit Dollar Limitation. (1) Effective as of January 1, 1976, if the retirement benefit of a Participant begins prior to the Minimum Age, the Defined Benefit Dollar Limitation applicable to the Participant at such earlier age is an annual benefit payable in the form of a straight life annuity beginning at the earlier age that is the Actuarial Equivalent of the Defined Benefit Dollar Limitation applicable to the Participant at the Minimum Age (adjusted as required pursuant to this Section 3.09). The Defined Benefit Dollar Limitation applicable at an age lesser than the Minimum Age is determined as the Attachment number 1 Page 23 of 39 Item # 59 LEGAL_US_E # 70626292.5 20 lesser of: (i) the actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.02 of the Plan and (ii) the actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed using a 5 percent interest rate and the applicable mortality table as defined in Section 1.02 of the Plan. Any decrease in the Defined Benefit Dollar Limitation determined in accordance with this Section 3.09 shall not reflect a mortality decrement if benefits are not forfeited upon the death of the Participant. If any benefits are forfeited upon death, the full mortality decrement is taken into account. (2) Effective as of January 1, 1983, if the benefit of a Participant begins after the Participant attains the Maximum Age, the Defined Benefit Dollar Limitation applicable to the Participant at such later age is the annual benefit payable in the form of a straight life annuity beginning at the later age that is actuarially equivalent to the Defined Benefit Dollar Limitation applicable to the Participant at the Maximum Age (adjusted as required pursuant to this Section 3.09). The actuarial equivalent of the Defined Benefit Dollar Limitation applicable at an age after the Maximum Age is determined as (i) the lesser of the actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.02 of the Plan and (ii) the actuarial equivalent (at such age) of the Defined Benefit Dollar Limitation computed using a 5 percent interest rate assumption and the applicable mortality table as defined in Section 1.02 of the Plan. For these purposes, mortality between the Maximum Age and the age at which benefits commence shall be ignored. (3) Notwithstanding anything in this Section 3.09 to the contrary, benefit increases resulting from the increase in the Defined Benefit Dollar Limitation pursuant to Section 3.09(a)(1)C shall be limited to all Participants who have one hour of Credited Service on or after the first day of the first limitation year ending after December 31, 2001. (4) Notwithstanding anything in this Section 3.09 to the contrary, in the case of a Participant who has fewer than 10 years of Credited Service, the Defined Benefit Dollar Limitation shall be multiplied by a fraction, (i) the numerator of which is the number of years of Credited Service and (ii) the denominator of which is 10. (5) Notwithstanding anything in this Section 3.09 to the contrary, effective as of January 1, 1987, the annual benefit of any Participant who is a police officer or firefighter and who has at least 15 years of Credited Service may be determined without regard to Section 3.09(c)(1). (d) For distributions commencing prior to January 1, 2002 and for Participants who do not have one hour of Credited Service after this date, the City shall, to the extent required by the Economic Growth and Tax Relief Reconciliation Act of Attachment number 1 Page 24 of 39 Item # 59 LEGAL_US_E # 70626292.5 21 2001 and in accordance with the Code, apply the limitations contained in Code Section 415, as in effect at the time the distribution commenced; subject to the disregard of Code Section 415(e) for distributions occurring after January 1, 2000. (e) Effective as of January 1, 1976 through December 31, 1999, the limitation established by Section 415(e) of the Code (as in effect from time to time) shall apply to the calculation of any Participant’s annual benefit. 3.10 Enhanced Early Retirement for 1996. Participants who have attained, or who will have attained, the age of 50 on or before December 31, 1996, and who have completed 5 years of Credited Service as of July 1, 1996, and who are employed by Augusta on September 3, 1996, may elect to receive retirements benefits under this Section. Such election must be made on a form designated by the City between October 1, 1996 and 4:00 p.m. on December 23, 1996. Any Participant electing to retire early pursuant to this Section shall have until 4:00 p.m. on the seventh (7th) day following such election to revoke same. (a) Enhanced Early Retirement Dates. The Enhanced Early Retirement Date of a Participant shall be the first day of the month next following the date he retires from the employ of the City under the provisions of this Section. (b) Amount of Retirement Benefits. The monthly retirement benefit payable to a Participant who retires on his Enhanced Early Retirement Date shall be an amount equal to 2.15% of his Average Earnings for the last three years of his Credited Service, multiplied by the total number of years of Credited Service, plus an additional ten (10) years of Credited Service to be added to the years of Credited Service for purposes of computing the amount of the retirement benefit, up to 30 years plus 1.5% of his Average Earnings multiplied by the number of years of Credited Service in excess of thirty (30) years, up to a maximum of one hundred percent (100%) of average Earnings for the Participant’s high three (3) years of Earnings, any contrary provision of this Plan notwithstanding. The amount of the monthly enhanced retirement benefit shall not be reduced for any month or time period by which the Early Retirement Date of a Participant precedes his Normal Retirement Date, notwithstanding any other provision of this Plan to the contrary. (c) Prerequisite for Electing Early Retirements. Any Participant electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of the City and its officials, agents, and employees for any and all claims arising out of such employee’s employment by the City, and agreeing not to seek or accept any further employment by the City, or its constitutional and elected officials. This provision shall not be construed as prohibiting any such person from seeking any elective position by the City. 3.11 Special Unreduced Early Retirement. If a Participant with at least twenty (20) years of Credited Service is permanently separated from the service involuntarily by action of the Commission without any fault on the Participant’s part, as determined by the Commission in its sole discretion, the Participant may elect to collect Plan benefits under this Section in lieu of any other Section of this Plan; provided, however, no Participant shall draw any benefits under this Section, and such benefits shall be forfeited, if the Attachment number 1 Page 25 of 39 Item # 59 LEGAL_US_E # 70626292.5 22 Participant is offered another position with the City of Augusta with no reduction in Earnings. (a) Special Retirement Date. The Special Retirement Date of a Participant shall be the first day of the month which coincides with or next follows the date the Participant elects to retire under the provision of this Section. (b) Amount of Special Unreduced Retirement Benefit. A Participant at retirement under this Section shall receive a monthly retirement benefit, commencing on his Special Retirement Date, provided he is then alive, equal to the amount computed in the same manner as for normal retirement in accordance with Section 3.01(b), but based on Credited Service and Earnings as of the Special Retirement Date. (c) Payment of Special Retirement Benefit. The monthly retirement benefit payable in the event of special retirement shall be payable on the first day of each month. The first payment shall be made on the Special Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to the provision of Section 4.02. 3.12 Rollover Distributions. Except where otherwise provided, Section 3.12 shall apply to benefits payable, but only to the extent required by the plan qualification rules of Section 401(a) of the Code. (a) Effective January 1, 1993, notwithstanding any contrary provision of the Plan, a Distributee may elect, at the time and in the manner prescribed by the City, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. (b) The special capitalized terms used only in this Section 3.12 shall have the meanings specified below: (1) “Direct Rollover” means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. (2) “Distributee” means a Participant. In addition, a Participant’s surviving spouse and a Participant’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are Distributees with regard to the interest of the spouse or former spouse. (3) “Eligible Retirement Plan” means an individual retirement account described in Section 408(a) of the Code, an annuity plan described in Section 403(a) of the Code, an annuity contract described in Section 403(b) of the Code, or a qualified trust described in Section 401(a) of the Code that accepts the Distributee’s Eligible Rollover Distribution. Effective for Plan Years ending before January 1, 2002, in the case of an Eligible Rollover Distribution to the Employee’s or former Employee’s surviving spouse, an Eligible Retirement Plan shall mean only an individual retirement account or individual retirement annuity. Effective Attachment number 1 Page 26 of 39 Item # 59 LEGAL_US_E # 70626292.5 23 as of January 1, 2002, the definition of “Eligible Retirement Plan” shall also apply to an annuity contract described in Section 403(b) of the Code, an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan, and in the case of a distribution to an Employee’s surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code. (4) “Eligible Rollover Distribution” means any distribution of all or any portion of the Accrued Benefit to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: (1) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee’s designated Beneficiary, or for a specified period of ten years or more; (2) any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and (3) the portion of any distribution that is not includible in gross income. Effective as of January 1, 2002, notwithstanding the foregoing, any amount that is distributed on account of hardship, to the extent allowed under the Plan, shall not constitute an Eligible Rollover Distribution. 3.13 Supplemental Retirement Benefit: Beginning as of January 6, 1998, Participants who retired pursuant to Section 3 prior to January 1, 1995 shall receive, in addition to their monthly retirement benefits, a payment of two thousand dollars ($2,000.00) per annum until their death or termination of their participation; provided however, should any court of competent jurisdiction determine that such supplemental retirement benefits are illegal or invalid for any reason, this Section shall be repealed immediately upon such order becoming final. SECTION 4 DEATH BENEFITS 4.01 Death Prior to Retirement. (a) Non-Duty Connected Death. If an Employee who became a Participant on or after March 18, 1985 dies before retirement, or after retirement without having made the election provided in Section 6, or in case of the death of the survivor of a Participant who has made such election and his spouse after his retirement, his Contributions to the fund, plus interest compounded annually at a rate equal to that average rate of interest earned on investments of the Fund for the twelve (12) month period immediately preceding his actual date of retirement under Section 3, less any retirement allowance paid to him or his spouse, shall be paid from the Fund on the order of the pension commission to the Beneficiary or Beneficiaries, if any, named by such Participant. All Participants in the Plan prior to March 18, Attachment number 1 Page 27 of 39 Item # 59 LEGAL_US_E # 70626292.5 24 1985 shall receive the amounts described in the previous sentence without interest. (b) Duty Connected Death. (1) This paragraph shall only apply if the Participant has not made an election pursuant to Section 6, and the Participant’s widow is not receiving benefits under subsection (b)(2) of this Section. Effective October 9, 1987, the surviving spouse of any Participant shall be entitled to a survivor pension, provided that the Participant dies while employed by the City, and at the time of death, shall have attained at least age fifty-five (55), with a minimum of ten (10) years of Credited Service. The amount of the survivor pension shall equal one-hundred percent (100%) of the retirement benefit calculated under Section 3.01(b). For purposes of calculating the retirement benefit under Section 3.01(b) to determine the amount of the survivor pension, the Participant shall be considered to have retired on his date of death. Notwithstanding anything in this Section to the contrary, but subject to the requirements of a proper qualified domestic relations order pursuant to Section 414(p) of the Code, in the event of the death or divorce from the Participant’s designated Beneficiary, the Participant may change the Participant’s designated Beneficiary. (2) This paragraph (b)(2) shall only apply if the Participant has not made an election pursuant to Section 6, and the widow is not receiving benefits under subsection (b)(1) of this Section. Effective March 10, 1966, the widow of a Participant who is killed in line of duty, as hereinafter defined, may elect, in lieu of receiving a refund of pension contributions under the provisions of the Plan, to receive a pension computed at twenty-five percent (25%) of the Participant’s monthly salary or wages at the time of his death, which shall be payable monthly to the widow, until her death or remarriage, or in the event of her death leaving a child or children of the Participant surviving her, who have not reached their 18th birthday, pension shall be continued to be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday; and if there be no widow living at the time of the death of such Participant killed is herein defined, but there be a child or children of Participant living as of date who have not reached their 18th birthday, the guardian of children may make a similar election as that provided for a widow and, in the event such election is made, a pension in amount shall be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday. (3) As used in this Section 4.01(b), “killed in line of duty” shall mean killed while actively performing the prescribed duties of the Participant’s job and not resulting from any misconduct or negligence of such Participant; provided, however, that no payments shall be made under the provisions of this section until such date as any monthly benefits provided under the Workmen’s Compensation Laws of Georgia shall have ceased. Attachment number 1 Page 28 of 39 Item # 59 LEGAL_US_E # 70626292.5 25 4.02 Death After Retirement. If a Participant dies subsequent to his retirement and had not elected an optional form of payment in accordance with Section 6, or had elected to receive a deferred benefit under Section 3.02(b)(l) or Section 3.05(b) but such benefit had not commenced, his Beneficiary shall receive a lump-sum cash amount equal to one-half of the benefits of the deceased Employee measured in accordance with Section 3.01(b), under the provisions of this Plan; provided that no benefits shall payable hereunder if Plan benefits are paid under Section 4.01. 4.03 Adjusted Benefit. The amount of monthly retirement benefit provided under this Section 4 shall be adjusted by the cost-of-living adjustment as provided in Section 3.06 upon commencement of such benefit. 4.04 Designation of Beneficiaries. (a) Each Participant shall designate a Beneficiary to receive the benefits, if any, which may be payable in the event of his death pursuant to the provision of Section 3 or 4. Such designation shall be made in writing on a form provided by the Commission and shall be signed and filed with the Commission. The Participant may change his designation from time to time by filing the proper form with the Commission, and each change shall revoke all prior designations by the Participant. In each such designation the Participant may name one or more primary Beneficiaries and one or more contingent Beneficiaries. If no Beneficiary designated by the Participant survives him, the Commission may direct the payment of such benefits to (i) the spouse of the deceased, if living; otherwise, to (ii) the descendents of the deceased Participant per stirpes or on their behalf as provided in Section 10.04; or if none, to (iii) the legal representative of the estate of the deceased Participant. (b) In the event of the death of a Beneficiary who survives the Participant and who, at his or her death, is receiving benefits as described in A immediately above, the remaining benefits, if any, shall be payable to a person designated by the Participant to receive the remaining benefits, or, if no person was so designated, then to a person designated by the Beneficiary of the deceased Participant; provided, however, that if no person so designated be living upon the occurrence of such contingency, the remaining benefits, if any, shall be payable to (a) the spouse of the deceased Participant, if living; otherwise to (b) the descendents of the deceased Beneficiary per stirpes or on their behalf as provided in Section 10.04; or if none, to (c) the legal representative of the estate of the deceased Beneficiary, as the Commission in its sole discretion may determine. (c) In the event the Commission does not direct the payments as specified in paragraphs (a) or (b) of this Section 4.04, the Commission may elect to have a court of applicable jurisdiction determine to whom payments should be made, and the Commission shall follow such instructions as the court may give. SECTION 5 CONTRIBUTIONS Attachment number 1 Page 29 of 39 Item # 59 LEGAL_US_E # 70626292.5 26 5.01 City Contributions. The City shall contribute sufficient amounts annually to the Fund. The Comptroller shall certify to the Commission that such amounts are necessary to be appropriated each year upon the basis of the actuarial survey and valuation. City contributions shall be paid to the Fund and shall be used only for the benefit of the Participants and Beneficiaries of the Plan. 5.02 Participant Contributions. (a) Each Participant hired after June 30, 1980 shall contribute to the Fund at each pay period an amount equal to eight percent (8%) of his Earnings. Participants hired prior to July 1, 1980 shall contribute to the Fund at each pay period an amount equal to five percent (5%) of his Earnings. Contributions by the Participant shall cease at the earlier of: (a) his date of termination of employment for any reason, and (b) his actual retirement date. (b) Withdrawals of Participant Contributions. Notwithstanding anything in the Plan to the contrary, any Employee who became a Participant on or after March 1, 1949 and who terminates employment before becoming eligible for retirement in accordance with Section 3 (or such Participant’s Beneficiary, if applicable) may, upon receiving approval from the Comptroller, withdraw the total of all of his Contributions, without interest; provided that if the Participant does not make a request to withdraw his Contributions within four (4) years of his date of employment termination, his Contributions shall revert to the Fund to be payable as Plan benefits to the Participant or the Participant’s Beneficiary and may not be then withdrawn by the Participant. SECTION 6 OPTIONAL FORMS OF RETIREMENT INCOME 6.01 Description of Options. The amount of any optional retirement benefit set forth below shall be the Actuarial Equivalent, as determined by the Committee, of the amount of benefit that would otherwise be payable to the Participant under the applicable provision of Section 3 without regard to any future cost-of-living adjustments. (a) Option A - Ten Years Certain and Life Option: An adjusted monthly retirement benefit payable to the Participant during his lifetime and, in the event of his death within a period of ten years after his retirement, the same monthly amount shall be payable for the remainder of such ten year period to his Beneficiary. (b) Option B - Joint and Last Survivor Option: An adjusted monthly retirement benefit which shall be payable during the joint lifetime of the Participant and his Joint Annuitant, with a previously designated percentage (100%, 75%, or 50%) of the benefit amount continuing after the death of either during the lifetime of the survivor. The amount of monthly retirement benefit payable under any option selected in accordance with the provisions of this Section shall be adjusted by the cost-of-living adjustment as provided in Section 3.06; provided, however, that if payments are to be made to an estate the commuted value of such payment shall be made in lieu of Attachment number 1 Page 30 of 39 Item # 59 LEGAL_US_E # 70626292.5 27 continuation of monthly payments. Such commuted value shall be equal to the amount of the lump-sum value of the remaining monthly payments in the amount of the last monthly payment, discounted on such actuarial tables as may be adopted by the Commission, ignoring any future cost-of-living adjustments. 6.02 Joint Annuitant or Beneficiary. (a) A Participant who elects Option A of Section 6.02(a) shall, designate (in accordance with Section 4.04), on a form provided for that purpose, a person to receive benefits payable in the event of the Participant’s death. Such person(s) shall be the Beneficiary of the Participant. (b) A Participant with benefits payable after his death for another person’s lifetime who elects Option B of Section 6.02(b) shall, designate, on a form provided for that purpose, a person to receive the benefits which continue to be payable upon the death of the Participant. Such person shall be the Joint Annuitant of the Participant. 6.03 Cancellation of Election. The election by a Participant of Option B shall be null and void if either the Participant or his designated Joint Annuitant should die before benefits commence. SECTION 7 ADMINISTRATION OF PLAN 7.01 Administration. (a) Powers of the Commission. The Commission shall control the administration of the Plan hereunder, with all powers necessary to enable it properly to carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Commission shall have the power to construe the Plan and to determine all questions that shall arise thereunder, and shall also have all the powers elsewhere herein conferred upon it. It shall decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan, and shall determine the benefits to which any Participant, Beneficiary, or Joint Annuitant may be entitled under the Plan. The decisions of the Commission upon all matters within the scope of its authority shall be final and binding upon all parties to this instrument, Participants, and Participant’s Beneficiaries and Joint Annuitants. (b) Records of the Commission. All acts and determination of the Commission shall be duly recorded by the clerk, or under his supervision, and all such records, together with such other documents as may be necessary for the administration of the Plan shall be preserved in the custody of such clerk. (c) Exemption from Liability of the Commission. The members of the Commission, and each of them, shall be free from all liability, joint, and several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the Plan, and the City shall indemnify and save each of them harmless from the effects and consequences of their acts, Attachment number 1 Page 31 of 39 Item # 59 LEGAL_US_E # 70626292.5 28 omissions, and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct. (d) Miscellaneous. (1) To enable the Commission to perform its functions, the City shall supply full and timely information of all matters relating to the compensation and length of service of all Participants, their retirement, death or other cause of termination of employment, and such other pertinent facts as the Commission may require. (2) The Commission shall be entitled to rely upon all tables, valuations, certificates, and reports furnished by an actuary, who shall be a member of the American Academy of Actuaries, or an organization which one or more members is a member of the American Academy of Actuaries and upon all certificates and reports made by an accountant selected or approved by the Commission. The Commission shall be fully protected in respect to any action taken or suffered by it in good faith in reliance upon the advice or opinion of any actuary, accountant, or attorney, and all action so taken or suffered shall be conclusive upon each member of the Commission and upon all persons interested in the Plan. SECTION 8 TRUST FUND AND TRUSTEES 8.01 Trust Fund. (a) There is created a permanent pension Fund for the benefit of each Participant covered by this Plan, and shall be kept in a separate account specifically delineated as the Plan’s funds, with a separate, permanent record thereof to be kept by the Comptroller. The assets of the Fund shall be held and administered by the Commission. The Fund shall consist of all payments by the City and Participants to the Fund and earnings from investments. The assets of the Fund shall be valued as of the end of each plan year, and at any other time required by the Commission, and at the then existing book and market value. The Fund is hereby declared not to be the property of the Commission or the City, and this includes any sum paid in or directed to be paid in by the Commission and it shall reserve no property in any sum raised or due by virtue of the Plan. (b) The Comptroller shall maintain a separate and permanent record of the Fund. All decisions of the Commission in regard to the Fund or any payments or withdrawals therefrom shall be recorded in the minutes of the Commission and also entered on the permanent record kept by the Commission and such permanent record shall be open to inspection by any interested person at all regular business hours. (c) No warrant shall be drawn upon the Fund except as otherwise provided in the Plan. Attachment number 1 Page 32 of 39 Item # 59 LEGAL_US_E # 70626292.5 29 8.02 Amendment of Trust. The City shall have the right at any time, by an instrument in writing duly executed by the Commission and to the Trustee, to modify, alter, or amend this Plan and Trust in whole or in part; provided, however, that the duties, powers, and liability of the Trustee hereunder shall not be substantially increased without its written consent, and provided further, that no such amendment shall have the effect of revesting in the City any part of the principal or income of the Fund. 8.03 Discontinuance of Trust and Vesting. The City expressly reserves the right to terminate this Plan and Trust Agreement at any time. Upon termination of the Plan by the City, or complete discontinuance of Contributions thereunder, having the effect of termination, the rights of each Participant to benefits accrued to the date of such termination or discontinuance, to the extent then funded, shall be nonforfeitable. In either case the Commission shall, upon instructions from the City, continue to administer the Fund as provided in Section 7. No part of the Fund shall at any time revert to the City unless all benefits for Participants and their Payees have been provided. 8.04 Powers of the Commission. (a) The Commission shall have the following power and authority in the administration of the Fund to be exercised in accordance with and subject to the provisions of Section 7.01 hereof: (1) control the administration of the Plan hereunder, with all powers necessary to enable it to properly carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Commission shall have the power to construe the Plan and to determine all questions that shall arise thereunder, and shall also have all the powers elsewhere herein conferred upon it; (2) decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan; and (3) determine the benefits to which any Participant or Beneficiary may be entitled under the Plan. (b) The decisions of the Commission upon all matters within the scope of this authority shall be final and binding upon all parties to this instrument, Participants and their Beneficiaries. (c) All acts and determinations of the Commission shall be duly recorded by the City clerk, or under his supervision and all such records, together with such other documents as may be necessary for the administration of the Plan, shall be preserved in the custody of such clerk. (d) The Commission shall prepare and distribute to the Employees information concerning the Plan at the expense of the City, in such manner as it shall deem appropriate. 8.05 Investment of Fund. Attachment number 1 Page 33 of 39 Item # 59 LEGAL_US_E # 70626292.5 30 (a) The Comptroller shall be the Trustee of the Fund and shall deposit all contributions to the Plan in a bank or banks, and, pursuant to the direction of the Pension Fund Investment Committee, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds, as the Pension Fund Investment Committee shall deem proper, from time to time; provided, however, that the amount of the Fund which may be invested in such securities other than those specifically approved by law for the investment of trust funds may not exceed sixty percent (60%) of the total amount of such fund then outstanding; and in addition thereto, the Pension Fund Investment Committee may invest such funds in bonds and debentures assumed or guaranteed by any solvent corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa), or A (a) or in lieu thereof, provided that (if applicable), such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under any applicable provisions of the Official Code of Georgia Annotated, as amended. The amount of the Fund which may be invested in the bonds and debentures of any one corporation may not exceed ten percent (10%) of the total amount of the Fund then outstanding. (b) Withdrawals from the Fund for investment purposes shall only be made by vouchers signed by the Comptroller or Deputy Comptroller and countersigned by the Mayor as chief executive officer of the City. The Comptroller shall maintain a record of the age, length of service, and contributions of each Participant. 8.06 Taxation. The Commission, in its settlor capacity, is hereby authorized to levy a tax from time to time to raise a sufficient sum to meet the requirements of the Plan for paying into the Fund an amount equal to the amount contributed by Participants to the Fund; and in the event such amount contributed by the Participants should be five percent (5%) of Earnings or more and the five per centum contributed by the Commission or more, and such amounts shall be insufficient to pay the pensions provided for in the Plan, then the Commission shall levy a sufficient tax to meet all payments as required by the Plan, and from time to time to continue to do so. 8.07 Resignation of Trustee. The Trustee may resign as Trustee of the Trust at any time by giving sixty (60) days written notice to the City, or with the consent of the City, may resign at any time. At such time as the resignation becomes effective, the Trustee shall render to the City an account of its administration of the Fund during the period following that covered by its last annual account, and shall perform all acts necessary to transfer and deliver the assets of the Fund to its successor. 8.08 Successor Trustees. In the event of vacancy of one or more individuals in the Trusteeship of this Trust occurring at any time, the Commission shall designate and appoint qualified successor Trustee(s) until such individuals are elected by the electorate. Attachment number 1 Page 34 of 39 Item # 59 LEGAL_US_E # 70626292.5 31 8.09 Disbursements. Upon written direction (which may be a continuing one) from the Commission as to the name of any person to whom money is to be paid from the Fund and the amount thereof, checks shall be drawn by the Trustee in the name of the person designated by the Commission and deliver such checks in such manner and amounts and at such time as the Commission shall direct. In the event the Trustee shall deem it necessary to withhold any distribution pending compliance with legal requirements with respect to probate of wills, appointment of personal representatives, payment of or provision for estate or inheritance taxes, or for death duties or otherwise, the Trustee shall withhold payment pending receipt of the instructions from the City Attorney to make such distribution. SECTION 9 AMENDMENT AND TERMINATION This Section 9 shall apply only to the extent that it does not otherwise conflict with applicable Georgia law, including, but not limited to, Article I, Section I, Paragraph X of the Georgia Constitution. 9.01 Amendment of the Plan. The City shall have the right at any time pursuant to authorization of the Commission, to amend any or all of the provisions of the Plan; provided, however, that no such amendment shall authorize or permit any part of the Fund to be diverted to purposes other than for the exclusive benefit of Participants and their Payees; and further provided, that no amendment shall have the effect of revesting in the City any portion of such Fund except such amounts which remain in the Fund after termination of the Plan and after all liabilities under the Plan have been satisfied. 9.02 Termination of the Plan. (a) The City expects this Plan to be continued indefinitely but, of necessity, reserves the right to terminate the Plan and its contributions thereunder at any time by action of the Commission; provided, however, that should the City terminate the Plan or completely discontinue contributions hereunder so as the amount to a Plan termination, the accrued benefit of each Participant, to the extent then funded, shall become fully vested and nonforfeitable as the date of termination. (b) In the event of termination of the Plan and upon receipt of written notice of such termination, the Commission shall arrange for the Fund to be apportioned and distributed in accordance with the following procedure: (1) The Commission shall determine the date of distribution and asset value of the Fund to be distributed, taking into account the expenses of distribution. (2) The Commission shall determine the method of distribution of the asset value -- that is, whether distribution to each Participant or Payee entitled to benefits shall be by payment in a lump-sum cash amount, the purchase of an annuity from an insurance company, or otherwise. (3) The Commission shall apportion the asset value in the priority and manner set forth below, on the basis that the amount required to provide any given Attachment number 1 Page 35 of 39 Item # 59 LEGAL_US_E # 70626292.5 32 retirement benefit shall mean the actuarially computed single-sum value of such benefit, except that if the method of distribution determined under paragraph B of this Section involves the purchase of an insured annuity, the amount required to provide the given retirement benefit shall mean the single premium payable for such annuity: A. An amount equal to each Participant’s Contributions under the Plan, less the aggregate amount of any benefit payments previously made with respect to such Participant, will be determined and such amount apportioned from the asset value. Such asset value, if insufficient to provide such amounts in full will be apportioned among such Participants in proportion to the amounts determined with respect to them. B. If there be any asset value remaining after the apportionment under A. above, apportionment shall next be made with respect to each retired Participant receiving a retirement benefit hereunder an such date, each person receiving a retirement benefit on such date on account of a retired (but since deceased) Participant, each Participant who has, by such date, reached his Normal Retirement Date but has not yet retired, in the amount required to provide such retirement benefit as of the date of termination of the Plan, less any apportionment made in (1) above, provided that, if such remaining asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. C. If there be any asset value remaining after the apportionments under A. and B. above, apportionment shall next be made with respect to each active Participant on such date who has reached his Early Retirement Date but has not yet retired, in the amount required to provide such retirement benefit as of the termination date of the Plan, less any apportionment in A. above, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced values will be equal to such remaining asset value. D. If there be any asset value remaining after the apportionments under A., B., and C. above, apportionment shall next be made with respect to each active Participant on such date who has completed at least 10 years of Credited Service and each former Participant then entitled to a deferred benefit under Section 3.05(b) hereof who has not, by such date, reached his Normal Retirement Date, none of whom is entitled to an apportionment under B. above, in the amount required to provide the actuarially determined value of the accrued benefit as of the termination date of the Plan, less any apportionment in A. above; provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced values will be equal to such remaining asset value. E. If there be any asset value remaining after apportionments under A., B., C., and D. above, apportionment shall lastly be made with respect to each active Participant on such date who is not entitled to an apportionment under A., B., and C. above, in the amount required to provide the actuarially determined value of the accrued benefit as of the date of termination of the Plan, less any apportionment in A. above; provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts Attachment number 1 Page 36 of 39 Item # 59 LEGAL_US_E # 70626292.5 33 shall be proportionately. reduced so that the aggregate of such reduced values will be equal to such remaining asset value. F. In the event that any asset value remains after the full apportionments specified in paragraphs A., B., C., D., or E. above, such excess shall revert to the City. (4) The Commission shall cause to be distributed, in accordance with the manner of distribution determined under paragraph B of this Section, the amounts apportioned under C above. SECTION 10 MISCELLANEOUS 10.01 Headings. The headings and subheadings in this Plan have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. 10.02 Construction. (a) In the construction of this Plan the masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate. (b) If any provisions of this Plan, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this Plan and the applicability thereof and of such provision to other persons or circumstances shall not be affected thereby. (c) This Plan shall be construed in accordance with the laws of the State of Georgia. 10.03 Nonalienation. No benefits payable under the Plan will be subject to the claim or legal process of any creditor of any Participant or Beneficiary, and no Participant or Beneficiary will alienate, transfer, anticipate, or assign any benefits under the Plan, except that distributions will be made pursuant to (a) qualified domestic relations orders issued in accordance with Code Section 414 (p), (b) judgments resulting from federal tax assessments, and (c) as otherwise required by law. 10.04 Benefits Supported Only By Fund. Any person having any claim under the Plan will look solely to the assets of the Fund for satisfaction. In no event will the City, or any of its officers, members of the Commission, or agents, be liable in their individual capacities to any person whomsoever, under the provisions of the Plan. 10.05 Discrimination. The City, through the Commission, shall administer the plan in a uniform and consistent manner with respect to all Employees and shall not permit discrimination in favor of officers, supervisory or highly-paid employees. 10.06 Limitation of Liability; Legal Actions. It is expressly understood and agreed by each Employee who becomes a Participant hereunder, that except for its or their willful negligence or fraud, neither the City, the Trustee, nor the Commission shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason whatsoever, in connection with this Plan or its operation, and each such Participant Attachment number 1 Page 37 of 39 Item # 59 LEGAL_US_E # 70626292.5 34 hereby releases the City, Trustee, Commission, and all its officers and agents from any and all liability or obligation. 10.07 Claims. Any payment to a Participant, Joint Annuitant, or Beneficiary, or to their legal representatives, in accordance with the provision of this Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Commission, Trustee, and the City, any of whom may require such Participant, Beneficiary, or legal representative, as a condition precedent to such payment, to execute a receipt and release therefore in such form as shall be determined by the Commission. 10.08 Forfeitures. Forfeitures arising from any cause whatsoever under this Plan shall not be applied to increase the benefits any Participant would otherwise receive under the Plan at any time prior to the termination of the Plan or the complete discontinuance of City Contributions hereunder; forfeitures shall be applied to reduce the City’s Contributions under the Plan in the then current or subsequent years. 10.09 Applications. (a) All applications for retirement or the withdrawal of Contributions shall be made in writing on forms prescribed by the Comptroller and filed in his office. (b) All applications for retirement shall be acted upon by the Committee. The Secretary shall keep a careful record of all Committee proceedings. Upon certification by the Secretary that a majority of the Committee has determined that the applicant is entitled to retirement of a given amount, which decision shall not be unreasonably or unlawfully made, and subject to the procedure regarding disability applications described in Section 3.03, the Comptroller shall include his name on the pension list and shall draw monthly vouchers for the payment of his retirement benefits. The Commission may adopt further reasonable rules and regulations for the purpose of carrying out the purposes of this Section. 10.10 Effect of Extension of the Federal Social Security Act. If the Federal Social Security Act is extended to include municipal employees, the Commission shall have power to reduce pro tanto the Contributions of Participants and the amounts of the retirement benefits to which they may become entitled under the Plan; provided that no reduction shall be made in the amount of the retirement benefits paid to any such Participant already retired prior to the effective date that the Federal Social Security Act is extended to include municipal employees. Attachment number 1 Page 38 of 39 Item # 59 LEGAL_US_E # 70626292.5 35 IN WITNESS WHEREOF, the City has caused this amended Plan to be duly executed as of the ____ day of ___________ 2006, but effective as of the dates set forth herein. AUGUSTA GEORGIA, AS SUCCESSOR TO THE CITY COUNCIL OF AUGUSTA ATTEST: ____________________________ By: (Seal) Mayor Clerk AUGUSTA GEORGIA, AS SUCCESSOR TO THE CITY COUNCIL OF AUGUSTA Mayor This Ordinance shall be effective as of the dates set forth herein. All ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. APPROVED AND ENACTED by the Augusta-Richmond County Commission, on the ______ day of ______________ 2006. Mayor ATTEST: Clerk Attachment number 1 Page 39 of 39 Item # 59 CommissionMeetingAgenda 7/10/20072:00PM MotiontoapproveordinancecreatingaBusinessImp rovementDistrictintheCentralBusiness District Department:CountyAttorney caption2:MotiontoapproveordinancecreatingaBusiness ImprovementDistrict(BID)intheCentralBusiness District. Background:ABIDisbaseduponthebenefitassessmentdistrict concept, whichprovidesforanassessmentonrealpropertyt obe raisedwithinaspecificgeographicdistrictwitht heproceeds goingdirectlybackintothedistricttoprovideen hanced servicesthatbenefitthedistrictandpropertiesl ocatedwithin thedistrictboundaries.ABIDprovidesamyriado f enhancedservicesandactivities,includingsafety, maintenance,marketing,businessrecruitmentandre tention, andspecialevents,inadditiontothoseprovidedb ylocal government. Analysis:TheDowntownAugustaBusinessImprovementDistrict (BID)wouldprovidesupplementalandimprovedservi ces andactivitiessuchassidewalkcleaning,security,graffiti removal,beautificationandtrashcollection,toac ommercial districtinadditiontothosecurrentlyprovidedby local government.Itspurposeistosupplement,notrepla ce, governmentservices.BIDSarebasedonabenefitas sessment modelwherebypropertyownersinaspecificgeograp hicarea agreetoassessthemselvesadditionalrevenuesthat willbe usedforservicesinthatarea.Theserevenuesare not managedbythecitybutbythepropertyownersthem selves. FinancialImpact:TheCitywillcollectaone(1%)percentfeeforco llectingthe additionalassessmentthroughtheTaxCommissioner's Office. Alternatives:DonotapproveOrdinance Cover Memo Item # 60 Recommendation:ApproveOrdinance Fundsare Availableinthe Following Accounts: N/A REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 Attachment number 1 Page 1 of 1 Item # 60 CommissionMeetingAgenda 7/10/20072:00PM OrdinanceRegardingOperationofMotorizedCart Department:ClerkofCommission caption2:MotiontoapproveanOrdinancetoamendandrestate the CodeofAugustaRichmondCountyregardingtheopera tion ofamotorizedcartinapublicstreet,road,orhi ghway;to correctanerrortoareferencetotheO.C.G.A.;an dtorepeal anyconflitingordinances.(ApprovedbytheCommis sion June19,2007-secondreading) Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 61 Attachment number 1 Page 1 of 3 Item # 61 Attachment number 1 Page 2 of 3 Item # 61 Attachment number 1 Page 3 of 3 Item # 61 CommissionMeetingAgenda 7/10/20072:00PM ProposedrevisedSPLOSTVDisbursementProcedure Department:CountyAttorney caption2:ApprovepolicychangeinreferencetoreleaseofSP LOSTV fundstooutsideagenciesandcontractorsinaccord ancewith theapproveddisbursementschedule. Background:DuetoSPLOSTVcashflow,itisnowappropriateto make SPLOSTVfundsavailabletooutsideagenciesand contractorsundertheapproveddisbursementschedul efor SPLOSTV.DuetoaCommissionrecommendationpasse d June6,2006,eachSPLOSTVoutsideagencysignsan AgreementtrackingtheuseofSPLOSTVfunds.Some Commissionershaveproposedtochangethecurrenta pproval processofpresentingeachcontractforapprovalbe forethe Commission(suchastheonebeingpresentedforthe Canal Authority)toaprocesswhichwillauthorizetheMa yor, MayorProTem,Administratororhisdesignee,toap prove futurereleasesofSPLOSTVfundstotheoutsideag encies andcontractorsundertheapproveddisbursementsch edule providedtheseofficialsauthorizeunanimouslythe mannerin whichthefundsaredisbursed. Analysis:Therevisedprocesswillexpeditethedisbursement to contractorsapprovedbythevotersunderthedisbur sement scheduleforSPLOSTV. FinancialImpact:Allexpenditureswillbesubjecttodisclosurerequ iredbythe SPLOSTVlawincludingprofessionalandadministrat ive expendituresinconnectionwiththeauthorizedcapi taloutlay Alternatives:BringeachSPLOSTVcontractbeforetheCommission (presentpractice). Recommendation: Approvetheproposednewprocedurefordisbursement of Cover Memo Item # 62 SPLOSTVfunds Fundsare Availableinthe Following Accounts: AsdesignatedinapprovedSPLOSTVdisbursement schedule REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 62 Attachment number 1 Page 1 of 1 Item # 62 CommissionMeetingAgenda 7/10/20072:00PM RecodificationofAugustaCode,2007Revision Department:CountyAttorney caption2:MotiontoapproveRecodificationofAugustaCode,2 007 Revision. Background:TherevisionoftheAugustaCodewaslastcomprehen sively doneonSeptember2,1997.ThisOrdinanceincorpor atesby referenceallordinancechangessubsequenttoSepte mber3, 1997.IntheCodeof1997,theCommissionersreser vedto itselfthepowertodesignateanewcode-Section 1-1-9. Officialdesignationofthiswilloccurforordinan cesenacted throughthelastmeetinginJune2007. TheCodeisdedicatedtothosepersonswhosenames appear inthelistofcurrentlyservingelectedofficials,former electedofficialsandcurrentlyservingandformerl yserving administratorsandofficialsasshownontheattach ed.The Codeissetoutinappreciationandinthanksfort heirservice toAugusta,Georgiaduringitsfirsteleven(11)ye arsasa consolidatedgovernment. Analysis:N/A FinancialImpact: Alternatives:Nonepractical Recommendation:AdoptthisCodeinbothofficialpaperandofficial electronic formandmaintaintheupdate.________adoptedelec tronic Code,itwillbemucheasiertoperformupdatesand maintenanceontheCodesothatthepublicwillhav ethe officialversionoftheCodeavailableinthemost modern manner-theAugustawebsite. Cover Memo Item # 63 Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 63 Attachment number 1 Page 1 of 2 Item # 63 Attachment number 1 Page 2 of 2 Item # 63 CommissionMeetingAgenda 7/10/20072:00PM ReleaseofSPLOSTVFundstoAugustaCanalAuthorit y-SPLOSTVContractorAgreement Department:CountyAttorney caption2:Motiontoratifyauthorizationletterregardingapp rovalofthe releaseofSPLOSTVfundstoAugustaCanalAuthori ty- SPLOSTVContractorAgreement. Background:ItisnowappropriatetomakeSPLOSTVfundsavaila bleto theAugustaCanalAuthorityunderthedisbursement scheduleforSPLOSTV.TheCanalAuthorityhasexe cuted theCommission'sContractorAgreement.TheCanal Authorityhasborrrowedmoneyinanticipationofre ceiving itsshareofSPLOSTVfunds.Ithasapaymentdue June30, 2007toSunstrustandcansaveperdieminterestof $62.56. Analysis:SeeBackground FinancialImpact:$2,500,000.00fromSPLOSTVfunds Alternatives:None Recommendation:Approvecontract Fundsare Availableinthe Following Accounts: FundsareavailableintheapprovedSPLOSTVAccoun t REVIEWEDANDAPPROVEDBY : Administrator. ClerkofCommission Cover Memo Item # 64 Cover Memo Item # 64 Attachment number 1 Page 1 of 1 Item # 64 Attachment number 2 Page 1 of 1 Item # 64 Attachment number 2 Page 1 of 1 Item # 64 Attachment number 2 Page 1 of 1 Item # 64 Attachment number 2 Page 1 of 1 Item # 64 Attachment number 2 Page 1 of 1 Item # 64 Attachment number 2 Page 1 of 1 Item # 64 Attachment number 2 Page 1 of 1 Item # 64 Attachment number 2 Page 1 of 1 Item # 64 Attachment number 2 Page 1 of 1 Item # 64 Attachment number 3 Page 1 of 2 Item # 64 Attachment number 3 Page 2 of 2 Item # 64 CommissionMeetingAgenda 7/10/20072:00PM Affidavit Department:ClerkofCommission caption2:MotiontoapproveexecutionbytheMayoroftheaff idavitof compliancewithGeorgia'sOpenMeetingAct. Background: Analysis: FinancialImpact: Alternatives: Recommendation: Fundsare Availableinthe Following Accounts: REVIEWEDANDAPPROVEDBY : ClerkofCommission Cover Memo Item # 65