HomeMy WebLinkAbout2011-04-19-Meeting AgendaCommissionMeetingAgenda
CommissionChamber
4/19/2011
5:00PM
INVOCATION:
PastorRonaldWright,EbenezerSeventhDayAdventis tChurch.
PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA.
CONSENTAGENDA
(Items1-31)
PLANNING
1.Z-11-14 –A request for concurrence with the Augusta Planning
Commissionto approveapetitionbyS.D.CliftonConstructionCo.,on
behalf of Windsor Spring Baptist Church , requesting a Special
Exceptionto relocate a church per Section 26-1 (A) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County
affectingpropertycontainingapproximately9.77ac resandisknownas
partof 3692WindsorSpringRoad .(partofTaxMap141-0-007-02-0)
DISTRICT4
Attachments
2.Z-11-15-A request for concurrence with the Augusta Planning
Commissionto approveapetitionbyWilliamA.TrotterIII,onbehalf
of Windsor Spring Baptist Church , requesting a change of zoning
from ZoneA(Agriculture)toZoneB-2(GeneralBusiness)affecting
propertycontaining4.50acresandisknownaspart of 3692Windsor
SpringRoad.(partofTaxMap141-0-007-02-0)DISTRICT4
Attachments
3.Z-11-16–A request for concurrence with the Augusta Planning
Commissionto approve withthefollowingconditions1)thattheonly
use of the properties begroup or congregate person al care homes or
thoseusespermittedinan R-1Azoneand2)iftheuseshouldceasethe
Attachments
zoningshallreverttoR-1A ;apetitionbyJeffreyPlair,onbehalfof
Justine Plair, requesting a change of zoning from Zone R-1A (One-
family Residential) to Zone R-3C (Multiple-family R esidential)
affectingpropertycontainingapproximately.47acr esandisknownas
2014and2016ScottRoad.(TaxMap098-2-067-00-0&098-2-069-00-
0)DISTRICT2
4.Z-11-17–A request for concurrence with the Augusta Planning
Commissionto approveapetitionbyMichaelBeckhamIIIrequestinga
changeofzoningfrom ZoneB-2(GeneralBusiness)toZoneR-1E
(One-family Residential)affecting property containing
approximately.20acresandisknownas838Greene Street.(TaxMap
047-1-212-00-0)DISTRICT1
Attachments
PUBLICSERVICES
5.Motion to approveNew Application: A. N. 11 -13: request by
Christopher Jones for a wholesale Wine license to be used in
connectionwith Cajon Wholesale Company to be locat ed at 3070
Damascus Rd. District 5. Super District 9.(Approved by Public
ServicesCommitteeApril11,2011)
Attachments
6.Motion to approveNew Ownership Application: A. N. 11 -14: A
requestbyNancyPakforaretailpackage Beer&Wine licensetobe
usedinconnectionwithEZQFoodStorelocatedat2 160MartinLuther
KingBlvd.District2.SuperDistrict9.(ApprovedbyPublicServices
CommitteeApril11,2011)
Attachments
PUBLICSAFETY
7.Motion to approve amendment ofthe Fort Gordon contractwith
Augusta-Richmond County Animal Control to processand impou nd
strayanimalsdeliveredbyFortGordon.(ApprovedbyPublicSafety
CommitteeApril11,2011)
Attachments
8.Motionto approveResolutionreaffirmingthenecessityofthe911an d
the Wireless Enhanced 911 charges.(Approved by Public Safety
CommitteeApril11,2011)
Attachments
FINANCE
9.Motion to approvethe Development Agreement for the Village at
Riverwatch.(ApprovedbyFinanceCommitteeApril11,2011)
Attachments
ENGINEERINGSERVICES
10.Motionto awardbidtoRobertM.AndersonInc.(LowBidder)inthe
amountof$18,487fortheremovalof160'x36"fai ledcorrugatedmetal
pipe(CMP)onBenningtonDrive.ThefailedCMPwil lbereplacedwith
HDPE.(Approved by Engineering Services Committee April 1 1,
2011)
Attachments
11.Motionto approve awardofacontractforreplacementoftheexisting
roofontheFormerChamberofCommerceBuildingto Young’sRoofing
ofMartinez,GAandacceptdeductivealternate#2f oracontractamount
of $81,280.(ApprovedbyEngineeringServicesCommitteeApril1 1,
2011)
Attachments
12.Motion to approvethe Capital Improvements Program Manager’s
recommendationtoissueChangeOrdertoPottsConst ructiontoproceed
withDesign/BuildofadditionalparkingfortheJud icialCenteronthe
CountyownedpropertyatthecornerofWalkerStree tandJamesBrown
Blvd.(ApprovedbyEngineeringServicesCommitteeApril1 1,2011)
Attachments
13.Motionto approvefundingforanextensionoftheSoutheasternNatur al
SciencesAcademy(SNSA)SavannahRiveratRiskstud y.(Approved
byEngineeringServicesCommitteeApril11,2011)
Attachments
14.Motionto authorizeadditionalfundsinthesumof$8,696.00toacquir e
titleofpropertyforcertaineasementsforthe502 02-HorsepenSanitary
Sewer,Phase2-BProject(Parcel128-0-026-00-0)2920TobaccoRoad.
(ApprovedbyEngineeringServicesCommitteeApril1 1,2011)
Attachments
15.Motionto approvebidawardtoBlairConstruction(LowBidder)for
MorganRoadintheamountof $46,900fortheremovalof360'x60"
failedcorrugatedmetalpipe(CMP).FailedCMPwil lbereplacedwith
HDPE. (Approved by Engineering Services Committee April 1 1,
Attachments
2011)
16.Motionto approvebidawardtoHarrisTruckingandConstruction(Low
Bidder)intheamountof $47,300fortheremovalof200'x42"failed
corrugatedmetalpipe(CMP)onNationalAve.@New SavannahRoad,
which will be replaced with corrugated HDPE.(Approved by
EngineeringServicesCommitteeApril11,2011)
Attachments
17.Motion to authorizecondemnation to acquire title of a portion of
propertyforpermanenteasementandtemporaryconst ructioneasement
for60106–ButlerCreekInterceptorUpgrade,West.PIN:082-1-043-00-
0.Address:2406BelfairLakes.(ApprovedbyEngineeringServices
CommitteeApril11,2011)
Attachments
18.Motionto approvethepurchaseof(3)FordF-350TrucksoffGeorgia
State Contract SWC90795. (Approved by Engineering Services
CommitteeApril11,2011)
Attachments
19.Motionto approveanOptionforthepurposesofacquiringaRight-of -
Way betweenSouthern Region Industrial Realty, Inc., as owner, and
Augusta,Georgia,asoptionee,inconnectionwitht heMarvinGriffin
RoadImprovementProject,allofthepropertyshown crosshatchedon
themapdatedSeptember14,2007fromtheproperty locatedat1406
Marvin Griffin Road, private, at the purchase price of $8,300.00.
(ApprovedbyEngineeringServicesCommitteeApril1 1,2011)
Attachments
20.Motion to authorizethe notification of the selection results to
prospectivefirmsandproceedwithnegotiationsof acontractwiththe
toprankedfirm,Allen-Batcheler,fortherenovationstotheCustomer
Service-Metering Division’s building on Wylds Rd. (RFQ #11-100)
(ApprovedbyEngineeringServicesCommitteeApril1 1,2011)
Attachments
21.Motionto approve aResolutionrequestingtherestorationoffunding by
theUnitedStatesCongresstorepairtheNewSavann ahBluffLockand
Dam.(ApprovedbyEngineeringServicesCommitteeApril1 1,2011)
Attachments
22.Motion to approvethe Capital Improvement Program Manager’s
recommendation to select ATC Associates, Inc. for M aterial Testing,
SpecialInspectionsandNPDESMonitoringservices f orthe Augusta,
GeorgiaSheriff’sOfficeBuilding.(ApprovedbyEngineeringServices
CommitteeApril11,2011)
Attachments
23.Motion to approveAugustaUtilities searchfor Downtown Customer
Service Office location. (Approved by Engineering Services
CommitteeApril11,2011)
Attachments
24.Motion to authorizethe notification of the selection results to
perspectivefirmsandproceedwithnegotiationsof acontractwiththe
top ranked firm, McKim & Creed, for the update to A UD’s Utility
Business Plan (RFQ #11-055). (Approved by Engineering Services
CommitteeApril11,2011)
Attachments
25.Motionto awardbidtoBlairConstruction,(LowBidder),intheam ount
of$15,400fortheremovalof150'x30"failedcor rugatedmetalpipe
(CMP)onWakefieldPlace,tobereplacedwithHDPE.(Approvedby
EngineeringServicesCommitteeApril11,2011)
Attachments
26.Motion to authorizethe notification of the selection results to
perspectivefirmsandproceedwithnegotiationsof acontractwiththe
toprankedfirm,GalardiRothsteinGroup,foraWat erandWastewater
Rate Study (RFQ #11-056). (Approved by Engineering Services
CommitteeApril11,2011)
Attachments
27.Motion to authorizethe notification of the selection results to
perspectivefirmsandproceedwithnegotiationsof acontractwiththe
top ranked firm, AECOM, for the update to AUD’s Water and
Wastewater Systems Master Plan (RFQ #11-054). (Approved by
EngineeringServicesCommitteeApril11,2011)
Attachments
PETITIONSANDCOMMUNICATIONS
28.Motion to approvethe minutes of the regular meeting of the
Commission held March 30, 2011 and Special Called L egal Meeting
heldApril11,2011.
Attachments
APPOINTMENT(S)
29.Motion to approvethe following appointments/reappointments
representingDistrict8:BrianTucker ,CitizenSmallBusinessAdvistory
Board;RobertCheek ,PublicFacilities,Inc.;GeneWorkman ,Animal
ControlBoard;David Penix , RiverfrontDevelopmentReviewBoard;
ThomasL.Atkins ,PersonnelBoard;PaulMuckenfuss ,AugustaPort
Authority;Ashbury Lawton , Jr ., General Aviation Commission;
BrentWeir ,PlanningCommission;MikeRussel l,HistoricPreservation
Commission;SidMullis,TreeCommission;RobertWoodhurst ,Canal
Authority;EvettDavis ,BoardofZoningAppeals;and DougLively ,
AugustaAviationCommission.
Attachments
30.Motion to approvethe appointment of Paulette Curry to Augusta
AviationCommissionrepresentingDistrict9dueto theresignationof
BernardSilverstein.
Attachments
31.Motion to ratifythe following ARC Legislative Delegation
appointments/reappointments to various ARC Boards,Authorities and
Commissions:Elmyria Chivers , Board of Zoning Appeals replacing
KellyMcKnight;HartleyGibbons ,CitizensAdvisoryBoard;CedricJ.
Johnson,ColiseumAuthority;BoardofTaxAssessor's RobertO'Neal
andBrianSimpkins .
Attachments
****ENDCONSENTAGENDA****
AUGUSTACOMMISSION
4/19/2011
AUGUSTACOMMISSION
REGULARAGENDA
4/19/2011
(Items32-36)
ADMINISTRATIVESERVICES
32.AnOrdinanceoftheBoardofCommissionersofAugus ta,Georgiato
AmendanActEntitled“AnActtoCreateaBoardofCommissionersfor
Attachments
Roads and Revenues for the County of Richmond; To D efine their
PowersandDuties;andforOtherPurposes”,approvedAugust19,1907
(Ga.L.1907,p.324),asamendedbyanActapprove dAugust14,1931
(Ga.L.1931,p.555),asamendedbyanActapprove dMarch10,1964
(Ga.L.1964,p.2809),asamendedbyanActapprov edMarch10,1964
(Ga.L.1964,p.2810),asamendedbyanActapprov edMarch21,1970
(Ga.L.1970,p.3325),asamendedbyanActapprov edMarch21,1970
(Ga.L.1970,p.3327),asamendedbyanActapprov edMarch22,1974
(Ga.L.1974,p.3034),asamendedbyanActapprov edMarch21,1974
(Ga.L.1974,p.3562),asamendedbyanActapprov edApril17,1975
(Ga.L.1975,p.3857),HomeRuleOrdinanceapprove dDecember7and
21,1976(Ga.L.1977,p.4559),HomeRuleOrdinanc eapprovedMay1
and May 15, 1979 (Ga. L. 1980, p. 4590), as amended by an Act
approved March 14, 1984 (Ga. L. 1984, p. 4245), and Home Rule
OrdinanceapprovedFebruary19andMarch5,1991(G a.L.1992,p.
7048), relating to those provisions which survived consolidation; to
strikelanguagerequiringthat the Administratorha vean officeat the
Courthouse;toupdatethenameofthegovernment;t orepealallLocal
Laws, Charter Sections, Code Sections and Ordinance s and parts of
LocalLaws,CharterSections,CodeSectionsandOrd inancesinconflict
herewith; to provide an effective date and for othe r purposes.(No
recommendationfromAdministrativeServicesCommitt eeApril11,
2011)
33.MotiontoapproveanordinancetoamendtheAugusta ,GACodeTitle
OneArticleThreeSection1-2-36relatingtodutiesoftheAdministrator
ofAugusta,Georgia;torepealallcodesectionsan dordinancesandparts
of code sections and ordinances in conflict herewit h; to provide an
effectivedateandforotherpurposes.(RequestedbyMayorProTem
JoeBowles)
Attachments
34.An Ordinance to present Proposal to amend the Augus ta, Georgia
Charter(§ 1-40) and Laws of Local Application(1995 GA. Laws p.
3648,§14),relatingtoEqualOpportunity;tosepa ratethefunctionof
EqualEmployment Opportunity from Minority and Smal l Business
Opportunities;toprovidepoliciesandguidelines;tocreateaLocalSmall
BusinessBusinessOpportunity Program and Citizens'SmallBusiness
Advisory Board;to create aDBE Program forfederal ly
assistedcontracts; to repeal allLocal Laws, Chart er Sections, Code
Sections andOrdinancesand partsof Local Laws, Ch arter Sections,
Code Sections and Ordinances in conflict herewith;to provide an
effectivedateandforotherpurposes.(RequestedbyMayorProTem
JoeBowles)
Attachments
UpcomingMeetings
www.augustaga.gov
ENGINEERINGSERVICES
35.Motion to ratify the agreement betweenAugusta, Ga. and Lamar
AdvertisingCompanyinassociationwiththeGATEWAY grantaward
from theGeorgia Department of Transportation in th e amount of
$50,000.
Attachments
LEGALMEETING
A.PendingandPotentialLitigation.
B.RealEstate.
C.Personnel.
36.Motion to authorizeexecution by the Mayor of the affidavit of
compliancewithGeorgia'sOpenMeetingAct.
CommissionMeetingAgenda
4/19/20115:00PM
Invocation
Department:
Caption:PastorRonaldWright,EbenezerSeventhDayAdventis tChurch.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 1
CommissionMeetingAgenda
4/19/20115:00PM
Z-11-14
Department:PlanningCommission
Caption: Z-11-14–ArequestforconcurrencewiththeAugustaPlannin g
Commissionto approveapetitionbyS.D.CliftonConstruction
Co.,onbehalfof WindsorSpringBaptistChurch ,requestinga
SpecialException torelocateachurchperSection26-1(A)ofthe
ComprehensiveZoningOrdinanceforAugusta-Richmond County
affectingpropertycontainingapproximately9.77ac resandis
knownaspartof 3692WindsorSpringRoad .(partofTaxMap
141-0-007-02-0)DISTRICT4
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 2
CommissionMeetingAgenda
4/19/20115:00PM
Z-11-15
Department:PlanningCommission
Caption: Z-11-15-ArequestforconcurrencewiththeAugustaPlanni ng
Commissionto approveapetitionbyWilliamA.TrotterIII,on
behalfof WindsorSpringBaptistChurch ,requestingachange
ofzoningfrom ZoneA(Agriculture)toZoneB-2(General
Business)affectingpropertycontaining4.50acresandiskn own
aspartof 3692WindsorSpringRoad.(partofTaxMap141-0-
007-02-0)DISTRICT4
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 3
CommissionMeetingAgenda
4/19/20115:00PM
Z-11-16
Department:PlanningCommission
Caption: Z-11-16–ArequestforconcurrencewiththeAugustaPlann ing
Commissionto approve withthefollowingconditions1)thatthe
onlyuseofthepropertiesbegrouporcongregatep ersonalcare
homesorthoseusespermittedinan R-1Azoneand2)iftheuse
shouldceasethezoningshallreverttoR-1A ;apetitionby
JeffreyPlair,onbehalfofJustinePlair,requesti ngachangeof
zoningfrom ZoneR-1A(One-familyResidential)toZoneR-3C
(Multiple-familyResidential)affectingpropertycontaining
approximately.47acresandisknownas 2014and2016Scott
Road.(TaxMap098-2-067-00-0&098-2-069-00-0)DISTRICT
2
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 4
CommissionMeetingAgenda
4/19/20115:00PM
Z-11-17
Department:PlanningCommission
Caption: Z-11-17–ArequestforconcurrencewiththeAugustaPlann ing
Commissionto approveapetitionbyMichaelBeckhamIII
requestingachangeofzoningfrom ZoneB-2(GeneralBusiness)
toZoneR-1E(One-familyResidential)affectingproperty
containingapproximately.20acresandisknownas 838Greene
Street.(TaxMap047-1-212-00-0)DISTRICT1
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 5
CommissionMeetingAgenda
4/19/20115:00PM
AlcoholApplication
Department:License&Inspections
Caption:Motionto approveNewApplication:A.N.11-13:requestby
ChristopherJonesfora wholesale Winelicense tobeusedin
connectionwithCajonWholesaleCompanytobelocat edat3070
DamascusRd.District5.SuperDistrict9.(ApprovedbyPublic
ServicesCommitteeApril11,2011)
Background:Thisapplicanthada2010licenseat1881BeaverC reekLane.is
nowrelocatingto3070DamascusRd.
Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond
CountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayafeeof$121.00.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSD
recommendsapproval.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 6
Attachment number 1
Page 1 of 2
Item # 6
Attachment number 1
Page 2 of 2
Item # 6
CommissionMeetingAgenda
4/19/20115:00PM
AlcoholApplication
Department:License&Inspections
Caption:Motionto approveNewOwnershipApplication:A.N.11-14:A
requestbyNancyPakforaretailpackage Beer&Wine licenseto
beusedinconnectionwithEZQFoodStorelocateda t2160
MartinLutherKingBlvd.District2.SuperDistrict 9.(Approved
byPublicServicesCommitteeApril11,2011)
Background:Thisisanewownershipapplication.Formerlyinth enameof
ChongS.Lee.
Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond
CountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayafeeof$1210.00.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSD
recommendsapproval.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 7
Attachment number 1
Page 1 of 2
Item # 7
Attachment number 1
Page 2 of 2
Item # 7
CommissionMeetingAgenda
4/19/20115:00PM
AnOrdinancetoAmendLocalLawsandtheAugusta,G eorgiaChartertoStrikeLanguageRequiring
thattheAdministratorhaveanOfficeattheCourth ouse;toUpdatetheNameoftheConsolidated
Government;toProvideandEffectiveDateandforO therPurposes
Department:Administrator
Caption:AnOrdinanceoftheBoardofCommissionersofAugus ta,
GeorgiatoAmendanActEntitled“AnActtoCreate aBoardof
CommissionersforRoadsandRevenuesfortheCounty of
Richmond;ToDefinetheirPowersandDuties;andfo rOther
Purposes”,approvedAugust19,1907(Ga.L.1907,p .324),as
amendedbyanActapprovedAugust14,1931(Ga.L.1931,p.
555),asamendedbyanActapprovedMarch10,1964 (Ga.L.
1964,p.2809),asamendedbyanActapprovedMarch 10,1964
(Ga.L.1964,p.2810),asamendedbyanActapprov edMarch21,
1970(Ga.L.1970,p.3325),asamendedbyanActa pproved
March21,1970(Ga.L.1970,p.3327),asamendedb yanAct
approvedMarch22,1974(Ga.L.1974,p.3034),as amendedby
anActapprovedMarch21,1974(Ga.L.1974,p.356 2),as
amendedbyanActapprovedApril17,1975(Ga.L.1 975,p.
3857),HomeRuleOrdinanceapprovedDecember7and 21,1976
(Ga.L.1977,p.4559),HomeRuleOrdinanceapprove dMay1
andMay15,1979(Ga.L.1980,p.4590),asamended byanAct
approvedMarch14,1984(Ga.L.1984,p.4245),and HomeRule
OrdinanceapprovedFebruary19andMarch5,1991(G a.L.1992,
p.7048),relatingtothoseprovisionswhichsurviv ed
consolidation;tostrikelanguagerequiringthatth eAdministrator
haveanofficeattheCourthouse;toupdatethenam eofthe
government;torepealallLocalLaws,CharterSecti ons,Code
SectionsandOrdinancesandpartsofLocalLaws,Ch arter
Sections,CodeSectionsandOrdinancesinconflict herewith;to
provideaneffectivedateandforotherpurposes.(No
recommendationfromAdministrativeServicesCommitt ee
April11,2011)
Background:TheBoardofCommissionersofRichmondCountywasc reatedby
1907legislationtitled“AnActtocreateaBoardo f
CommissionersforRoadsandRevenuesfortheCounty of
Richmond”.Thisacthasbeenamendednumeroustime soverthe
pastcenturyandpartsofithavebeensupersededb yotherlaws
(Ga.L.1995,p.3648;Ga.L.1996,p.3607;Ga.L.1997,p.4024;Cover Memo
Item # 8
Ga.L.1997,p.4690).Theportionsoftheacttha thavenotbeen
supersededhavenotbeenupdatedinanumberofyea rs.Until
now,thelocationforRichmondCountyandotherAug usta,
GeorgiajudicialfunctionshavebeenattheMunicip alBuildingat
530GreeneStreetandthefacilityat401WaltonWa yinAugusta,
Georgia.Section1-50oftheAugusta,GeorgiaChar terandLaws
ofLocalApplication1980Ga.Lawsp.4590,§6pro videthatthe
Administrator“shallhaveanofficeatthecourthou se.”The
Augusta,Georgiacourthouselocationwillchangeas aresultof
therecentconstructionoftheAugustaJudicialCen terandJohnH.
RuffinJr.Courthouse,locatedonWaltonWaybetwee n10th
StreetandJamesBrownBlvd.inAugusta,Georgia.T hecurrent
planisfortheofficesoftheAdministratorremain inthe
MunicipalBuildingat530GreeneStreetratherthan thenew
AugustaJudicialCenterandJohnH.RuffinJr.Cour thouse.This
amendmentistostrikethelanguagerequiringthat the
Administratorhaveanofficeatthecourthouseand toupdatethe
languageoftheselocallawstoreflectthenamech angeofthe
governmentrequiredby1997Ga.Lawsp.4024,which designates
thenameoftheconsolidatedgovernmentas“Augusta ,
Georgia”.Aredlinedocumentreflectingthepropose dchangesis
attached.
Analysis:Seeattached.
FinancialImpact:N/A.
Alternatives:1.CreateanofficefortheAdministratoratthene wJudicial
Center.2.HaveCommissionmeetingsatthenewJudi cialCenter.
Recommendation:Approveamendments.
FundsareAvailable
intheFollowing
Accounts:
N/A.
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 8
Version 4-5-2011
ORDINANCE NO. ___________
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF AUGUSTA,
GEORGIA TO AMEND AN ACT (17,7/('³$1$&772&5($7($
BOARD OF COMMISSIONERS FOR ROADS AND REVENUES FOR THE
COUNTY OF RICHMOND; TO DEFINE THEIR POWERS AND DUTIES;
$1')2527+(5385326(6´APPROVED AUGUSTA 19, 1907 (GA. L.
1907, P. 324), AS AMENDED BY AN ACT APPROVED AUGUSTA 14, 1931
(GA. L. 1931, P. 555), AS AMENDED BY AN ACT APPROVED MARCH 10,
1964 (GA. L. 1964, P. 2809), AS AMENDED BY AN ACT APPROVED
MARCH 10, 1964 (GA. L. 1964, P. 2810), AS AMENDED BY AN ACT
APPROVED MARCH 21, 1970 (GA. L. 1970, P. 3325), AS AMENDED BY
AN ACT APPROVED MARCH 21, 1970 (GA. L. 1970, P. 3327), AS
AMENDED BY AN ACT APPROVED MARCH 22, 1974 (GA. L. 1974, P.
3034), AS AMENDED BY AN ACT APPROVED MARCH 21, 1974 (GA. L.
1974, P. 3562), AS AMENDED BY AN ACT APPROVED APRIL 17, 1975
(GA. L. 1975, P. 3857), HOME RULE ORDINANCE APPROVED
DECEMBER 7 AND 21, 1976 (GA. L. 1977, P. 4559), HOME RULE
ORDINANCE APPROVED MAY 1 AND MAY 15, 1979 (GA. L. 1980, P.
4590), AS AMENDED BY AN ACT APPROVED MARCH 14, 1984 (GA. L.
1984, P. 4245), AND HOME RULE ORDINANCE APPROVED FEBRUARY
19 AND MARCH 5, 1991 (GA. L. 1992, P. 7048), RELATING TO THOSE
PROVISIONS WHICH SURVIVED CONSOLIDATION; TO STRIKE
LANGUAGE REQUIRING THAT THE ADMINISTRATOR HAVE AN
OFFICE AT THE COURTHOUSE; TO UPDATE THE NAME OF THE
GOVERNMENT; TO REPEAL ALL LOCAL LAWS, CHARTER
SECTIONS, CODE SECTIONS AND ORDINANCES AND PARTS OF
LOCAL LAWS, CHARTER SECTIONS, CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREASWKRVHVHFWLRQVRI³$Q$FWWRFUHDWHD%RDUGRI&RPPLVVLRQHUV
IRU 5RDGV DQG 5HYHQXHV IRU WKH &RXQW\ RI 5LFKPRQG´ ZKLFK SHUWDLQ WR WKH
creation, election, and general powers of the Commission have been superseded by
consolidation (Ga. L. 1995, p. 3648; Ga. L. 1996, p. 3607; Ga. L. 1997, p. 4024;
Ga. L. 1997, p. 4690); and
WHEREAS, the location for Richmond County and other Augusta, Georgia
judicial functions have been at the Municipal Building at 530 Greene Street and the
facility at 401 Walton Way in Augusta, Georgia; and
Attachment number 1
Page 1 of 6
Item # 8
Version 4-5-2011
WHEREAS, the Augusta, Georgia courthouse location will change as a
result of the recent construction of the Augusta Judicial Center and John H. Ruffin
Jr. Courthouse, located on Walton Way between 10th Street and James Brown
Blvd. in Augusta, Georgia; and
WHEREAS, Section 1-50 of the Augusta, Georgia Charter and Laws of
Local Application 1980 Ga. Laws p. 4590, § 6 provide that the Administrator
³VKDOOKDYHDQRIILFHDWWKHFRXUWKRXVH´ DQG
WHEREAS, Augusta, Georgia seeks to have the offices of the
Administrator remain in the Municipal Building at 530 Greene Street rather than
the new Augusta Judicial Center and John H. Ruffin Jr. Courthouse; and
WHEREAS, 1997 Ga. Laws p. 4024 designates the name of the
FRQVROLGDWHGJRYHUQPHQWDV³$XJXVWD*HRUJLD´ and
WHEREAS, Augusta, Georgia seeks to update the local laws to reflect the
name of the consolidated government;
NOW BE IT THEREFORE ORDAINED as follows:
CHARTER AND LAWS OF LOCAL APPLICATION. An ordinance to amend
local legislative act 1907 Ga. Laws p. 324, known as ³An Act to create a Board of
&RPPLVVLRQHUVIRU5RDGVDQG5HYHQXHVIRUWKH&RXQW\RI5LFKPRQG´, approved
Augusta 19, 1907 (Ga. L. 1907, p. 324), as amended by an Act approved Augusta
14, 1931 (Ga. L. 1931, p. 555), as amended by an Act approved March 10, 1964
(Ga. L. 1964, p. 2809), as amended by an Act approved March 10, 1964 (Ga. L.
1964, p. 2810), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p.
3325), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 3327), as
amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 3034), as amended
by an Act approved March 21, 1974 (Ga. L. 1974, p. 3562), as amended by an Act
approved April 17, 1975 (Ga. L. 1975, p. 3857), Home Rule Ordinance approved
December 7 and 21, 1976 (Ga. L. 1977, p. 4559), Home Rule Ordinance approved
May 1 and May 15, 1979 (Ga. L. 1980, p. 4590), as amended by an Act approved
March 14, 1984 (Ga. L. 1984, p. 4245), and Home Rule Ordinance approved
February 19 and March 5, 1991 (Ga. L. 1992, p. 7048), so that said Act when
amended shall read as follows:
Section 1. The Augusta, Georgia Board of Commissioners shall establish
and maintain a program of recreation for the benefit of all citizens of
Augusta, Georgia. In establishing and carrying out such program, the
commissioners shall establish and locate recreational facilities throughout
Attachment number 1
Page 2 of 6
Item # 8
Version 4-5-2011
Augusta, Georgia so that such programs shall be available to all citizens of
Augusta, Georgia.
Section 2. The Augusta, Georgia Board of Commissioners shall establish a
program of animal control to prevent stray animals from running at large
throughout Augusta, Georgia. In order to carry out said program, the
Commission shall establish and maintain appropriate facilities for the
collection and housing of impounded stray animals from throughout
Augusta, Georgia. The Commission shall have the authority to adopt
reasonable resolutions in relation to the subject matter of this Section in
order to carry out the powers, duties and responsibilities imposed upon them
by the provisions of this section.
Section 3. Any person, firm, partnership or corporation violating any rule or
regulation established by the Augusta, Georgia Board of Commissioners
under the authority of this law for the protection of the general public in the
control of animals, not in conflict with the general laws of this State of the
United States, shall be guilty of a misdemeanor.
Section 4. The Augusta, Georgia Board of Commissioners shall establish a
program to regulate and control access points and utility excavations on all
Augusta, Georgia roads, and said Commission shall have the authority to
adopt reasonable regulation in relation to the subject matter of this Section in
order to carry out the powers, duties and responsibilities imposed upon them
by the provisions of this section.
Section 5. The Augusta, Georgia Board of Commissioners shall each year
prior to November 1st selected a certified public accounting firm to perform
an audit of all Augusta, Georgia offices handling public funds for the
subsequent fiscal year. No such firm shall be selected for said audit which
has performed such services for three consecutive years.
Section 6. The Augusta, Georgia Board of Commissioners shall hold one
session for Augusta, Georgia purposes on the first Tuesday in every month,
except the month of April 2007 and the month of April for every year
thereafter, and at other times as often as in their judgment the powers and
duties herein conferred may require.
Section 7. The Augusta, Georgia Board of Commissioners shall have the
power and authority to elect an Administrator. The Administrator shall be
responsible to the Board of Commissioners of Augusta, Georgia for the
Attachment number 1
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Item # 8
Version 4-5-2011
proper administration of the affairs of Augusta, Georgia. The terms and
conditions of employment of the Administrator, and the duties of the
Administrator shall be as determined by resolution of the Board of
Commissioners of Augusta, Georgia.
Section 8. The Augusta, Georgia Board of Commissioners shall have the
authority to elect an attorney at law who is licensed as such, and whose duty
it shall be to advise and represent the Commission in all legal matters
pertaining to the discharge of their official duties and to represent the
interests of Augusta, Georgia as the Commission deems it proper. The term
of office for said attorney shall be for one year, and he shall be elected by
the Commission at its regular meeting in January of each year. Said attorney
shall be compensated upon a fee basis or upon a fixed monthly, annually or
other method of compensation as the Commission deems to be in the best
interest of Augusta, Georgia. The county attorney shall be ineligible for
membership under any existing pension or retirement laws of Augusta,
Georgia.
Section 9. The Augusta, Georgia Board of Commissioners is authorized and
empowered to employ additional attorneys for compensation when deemed
in the best interest of Augusta, Georgia by the Commission, and to pay said
compensation out of Augusta, Georgia funds.
Section 10. All laws and parts of laws in conflict with this amendment are
hereby repealed.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws. Once this ordinance is read into the minutes by
the Commission, a notice containing a synopsis of the proposed local act and
Charter amendments shall be published in the Augusta Chronicle once a week for
three weeks. Following the final week of publication, the local act and Charter
amendments shall be placed on the Commission agenda for final approval. The
local act and Charter amendments will be effective following the second reading of
the final approval.
SECTION 3. All code provisions, ordinances or parts of ordinances in conflict
herewith are to be repealed upon the final approval of these local act and Charter
amendments.
Adopted this ______ day of _________________, 2011.
Attachment number 1
Page 4 of 6
Item # 8
Version 4-5-2011
______________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 5 of 6
Item # 8
Version 4-5-2011
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on ______________________, 2011 and that such Ordinance has not been
modified or rescinded as of the date hereof and the undersigned further certifies
that attached hereto is a true copy of the Ordinance which was approved and
adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 6 of 6
Item # 8
An Act to create a board of commissioners of roads and revenues for the county of Richmond; to
define their powers and duties, and for other purposes (as amended).
Section 1.
(a) Beginning January 1, 1985, the governing authority of Richmond County shall be a
board of commissioners of said county, referred to in the section as the board,
consisting of six members.
(b) For the purpose of the board established in subsection (a) of this section, Richmond
County is divided into six commissioner districts as follows:
Commissioner District 1 ± That portion of Richmond County lying within House
District 85.
Commissioner District 2 ± That portion of Richmond County lying within House
District 86.
Commissioner District 3 ± That portion of Richmond County lying within House
District 87.
Commissioner District 4 ± That portion of Richmond County lying within House
District 88.
Commissioner District 5 ± That portion of Richmond County lying within House
District 89.
Commissioner District 6 ± That portion of Richmond County lying within House
District 90.
$V XVHG LQ WKLV VXEVHFWLRQ µ+RXVH 'LVWULFW¶ PHDQV UHSUHVHQWDWLYH GLVWULFWV RI WKH
Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A.,
as such Code section existed on January 1, 1984. Any part of Richmond County
which is not included in an commissioner district described in this subsection shall be
included within that commissioner district contiguous to such part which contains the
least population according to the United States decennial census of 1980 for the State
of Georgia.
(c) No person shall be eligible to serve as a member of the board unless that person:
(1) Has been a resident of the commissioner district from which elected for a period
of one year immediately prior to the date of the election;
(2) Continues to reside within the commissioner district from which elected during
WKDWSHUVRQ¶VWHUPRIRIILFH DQG
Attachment number 2
Page 1 of 6
Item # 8
(3) Is a registered and qualified elector of Richmond County.
(d) Those members of the board of commissioners of Richmond County serving as such
on January 1, 1984, under the previously existing provisions of this section shall
serve out their respective terms of office but shall be deemed to be serving out those
terms in designated commissioner districts as follows:
Mr. Larry Colet Commissioner District 1
Mr. Tom Tinsley Commissioner District 2
Mr. William J. Williams Commissioner District 4
Mr. Jack Miles Commissioner District 5
Mr. Jack Padgett Commissioner District 6
(e) those members of the board who, under subsection (d) of this section, are deemed to
be serving out their terms in the designated Commissioners Districts 1 and 4, shall
serve until December 31, 1984, and the election and qualification of their respective
successors, which successors shall be elected for Commissioner districts 1 and 4 at
the 1984 November general election. At that same 1984 November general election,
the first member shall be elected for Commissioner District 2. The first members
thus elected from Commissioner Districts 1, 2 and 4 shall serve, beginning January 1,
1985, for initial terms of four years each and until their respective successors are
elected and qualified under subsection (g) of this section. Those members of the
board who, under subsection (d) of this section, are deemed to be serving out their
terms in designated Commissioner Districts 3, 5 and 6 shall serve until December 31,
1986, and until their respective successors are elected and qualified under subsection
(f) of this section. From January 1, 1985, until December 31, 1986, the board shall
consist of those three members first elected under this subsection and those three
incumbent members continued in office under this subsection.
(f) At the 1986 November general election, successors to those members of the board of
Commissioners Districts 3, 5 and 6, all of whose terms expire December 31, 1986,
shall be elected to serve, beginning January 1, 1987, for terms of four years each and
until their respective successors are elected and qualified under subsection (g) of this
section.
(g) Successors to members of the board whose terms expire after December 31, 1986,
shall be elected at the general election immediately preceding the expiration of that
UHVSHFWLYH PHPEHU¶V WHUP RI RIILFH VKDOOtake office on the first day of January
immediately following their election for terms of four years and until the election and
qualification of their respective successor.
(h) Each member of the board elected to the board in the 1984 November general
election or any election thereafter shall be elected by a majority of voters voting
within the commissioner district of that member. All members of the board shall be
nominated and elected in accordance with the provisions of Chapter 2 of the Title 21
of the O.C.G.A., the Georgia Election Code.
Attachment number 2
Page 2 of 6
Item # 8
(i) Any vacancy in the board which occurs within in six months prior to the expiration of
a term of office shall be filled for the unexpired term, and until a successor is elected
and qualified, by a member appointed by the remaining members of the board. Any
vacancy in the board which occurs more than six months prior to the expiration of a
term of office shall be filled for the unexpired term, and until a successor is elected
and qualified, by a special election called for that purpose within 45 days after that
vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that
person resides in the commissioner district corresponding to that of the member
whose unexpired term is being filled.
(j) At the first regular meeting of the board in 1985, and at that first meeting each year
thereafter, the members of the board shall elect from their number a chairperson and
vice chairperson to serve as such until the first regular meeting of the board the
immediately succeeding year. The chairperson shall preside at meeting of the board
and vote on all matters before the board and have such further duties as the board may
provide. The vice chairperson shall serve as the chairperson during the absence,
disqualification, or disability of the chairperson. Vacancies in the office of
chairperson or vice chairperson shall be filled by the remaining members of the board
electing from this number a successor to fill any unexpired term as chairperson or
vice person, respectively. A majority of the members of the board shall constitute a
quorum for the transaction of business of the board.
(k) The chairperson of the board shall receive an annual salary of $12,000.00, payable in
equal monthly installments, and a monthly expense allowance of $200.00 for actual DQG QHFHVVDU\ H[SHQVHV LQFXUUHG LQ FDUU\LQJ RXW WKH FKDLUSHUVRQ¶V RIILFLDO GXWLHV
Member of the board, other than the chairperson, shall each receive an annual salary
of $7,200.00, payable in equal monthly installments, and a monthly expense
allowance of $100.00 for actual and necessary expenses incurred in carrying out their
respective official duties. The salary and expense allowances of the chairperson and
other members of the board shall be paid from county funds.
(l) The board shall have the right and power to issue all necessary writs and summon
parties or witnesses before it and shall have the power to punish for contempt by fine
or imprisonment in the same manner as the probate court. The sheriff or the county
policy of Richmond County may be required to attend meetings of the board.
Section 2. Before entering upon the discharge of their duties, each member of the Board
of Commissioners shall take an oath before the Judge of the Superior Court or Probate Judge of
said County for the true and faithful performance of their duties and that they are not the holders
of any public funds unaccounted for. In addition, each member of the Board of Commissioners
shall further give a satisfactory surety bond to be approved by the Probate Judge of the County
and payable to the Probate Judge or his successors in office and filed in the office of the Probate
Judge, in the sum of Ten Thousand ($10,000.00) Dollars, conditioned upon the faithful
performance of the office, which bond, when approved by said Probate Judge, shall be by him
Attachment number 2
Page 3 of 6
Item # 8
recorded in the recorded of official bonds kept by him in his office. The premiums due on all
such bonds shall be paid by the County fiscal authorities out of the County treasury.
Section 3. Be it further enacted, that the said board of commissioners shall exercise all
the powers relative to county matters that were vested in the judge of the city court as ex-officio FRPPLVVLRQHURIURDGVDQGUHYHQXHVXQGHUDQGE\YLUWXHRIDQ$FW³to constitute the judge of the
city court in the County of Richmond ex-officio commissioner of roads and revenues for
5LFKPRQG&RXQW\ WRGHILQHKLVSRZHUVDQGGXWLHV DQGIRURWKHUSXUSRVHV´DSSURYHG6HSWHPEHU
17, 1883.
Section 3A. The Augusta, Georgia bBoard of cCommissioners of Richmond County
shall establish and maintain a program of recreation for the benefit of all citizens of Richmond
CountyAugusta, Georgia. In establishing and carrying out such program, the commissioners
shall establish and locate recreational facilities throughout the countyAugusta, Georgia so that
such programs shall be available to all citizens of Richmond CountyAugusta, Georgia.
Section 3B. The Augusta, Georgia Board of cCommissioners of Richmond County shall
establish a program of animal control to prevent stray animals from running at large throughout
the countyAugusta, Georgia. In order to carry out said program, the board of
commissionersCommission of Richmond County shall establish and maintain appropriate
facilities for the collection and housing of impounded stray animals from throughout Augusta,
GeorgiaRichmond County. The commissioners of Richmond CountyCommission shall have the
authority to adopt reasonable resolutions in relation to the subject matter of this Section in order
to carry out the powers, duties and responsibilities imposed upon them by the provisions of this
section.
Section 3C. Any person, firm, partnership or corporation violating any rule or regulation
established by the Augusta, Georgia bBoard of cCommissioners under the authority of this law
for the protection of the general public in the control of animals, not in conflict with the general
laws of this State of the United States, shall be guilty of a misdemeanor.
Section 3D. The Augusta, Georgia Board of Commissioners of Richmond County shall
establish a program to regulate and control access points and utility excavations on all county
Augusta, Georgia roads, and said board Commission shall have the authority to adopt reasonable
regulation in relation to the subject matter of this Section in order to carry out the powers, duties
and responsibilities imposed upon them by the provisions of this section.
Section 3(D). The Augusta, Georgia Board of Commissioners of Richmond County shall
each year prior to November 1st selected a certified public accounting firm to perform an audit of
all county Augusta, Georgia offices handling public funds of Richmond County for the
subsequent fiscal year. No such firm shall be selected for said audit which has performed such
services for three consecutive years.
Section 4. Be it further enacted, that said commissioners shall hold one session for
county Augusta, Georgia purposes at the courthouse on the first Tuesday in every month, except
Attachment number 2
Page 4 of 6
Item # 8
the month of April 2007 and the month of April for every year thereafter, and at other times as
often as in their judgment the powers and duties herein conferred may require.
Section 5. Be it further enacted, that they shall cause to be kept a book of minutes
containing their acts and doings as commissioners, a complete record of the affairs of the county.
Said minutes, records, and vouchers for all funds of the county disbursed shall be kept in the
FRPPLVVLRQHU¶RIILFHLQWKHFRXUW-house, and subject to the inspection and examination of the
grand juries at each and every tem of the superior court; and they shall at the spring term of the
superior court make to the grand jury thereof, a full and explicit report of the condition of the
affairs of the county for the preceding, and accompany said report with a statement of receipts
and disbursements for the year, and to furnish any information to the grand jury that they may
desire concerning county matters.
Section 6. Said Board of Commissioners shall have the power and authority to elect an
County Administrator, who shall have an office at the courthouse. The County Administrator
shall be responsible to the Board of Commissioners of Richmond County Augusta, Georgia for
the proper administration of the affairs of the County Augusta, Georgia. The terms and
conditions of employment of the County Administrator, and the duties of the County
Administrator shall be as determined by resolution of the Board of Commissioners of Richmond
County Augusta, Georgia.
Section 7. Be it further enacted, that all laws and parts of laws in conflict with this Act,
HVSHFLDOO\VHFWLRQRI³$Q$FWWRHVWDEOLVKDFLW\FRXUWLQWKH&RXQW\RI5LFKPRQG WRSURYLGH
for the appointment of the judge and solicitor thereof, and to deILQHWKHLUSRZHUVDQGGXWLHV´DSSURYHG6HSWHPEHU DQG³$Q$FWWRFRQVWLWXWHWKHMXGJHRIWKHFLW\FRXUWLQWKH&RXQW\
of Richmond ex-officio commissioner of roads and revenues for Richmond county; to define his
powers and duties; and for other puUSRVHV´DSSURYHG6HSWHPEHUEHDQGWKHVDPHLV
hereby repealed.
Section 8. The Augusta, Georgia bBoard of cCommissioners shall have the authority to
elect an attorney at law who is licensed as such, and whose duty it shall be to advise and
represent the said board of commissionersCommission in all legal matters pertaining to the
discharge of their official duties and to represent the interests of the countyAugusta, Georgia as
said board of commissionersthe Commission deems it proper. The term of office for said
attorney shall be for one year, and he shall be elected by said boardthe Commission at its regular
meeting in January of each year. Said attorney shall be compensated upon a fee basis or upon a
fixed monthly, annually or other method of compensation as said board of commissionersthe
Commission deems to be in the best interest of the countyAugusta, Georgia. The county
attorney shall be ineligible for membership under any existing pension or retirement laws of
Richmond CountyAugusta, Georgia.
Section 9. The Augusta, Georgia bBoard of cCommissioners is authorized and
empowered to employ additional attorneys for compensation when deemed in the best interest of
the countyAugusta, Georgia by said board of commissionersthe Commission, and to pay said
compensation out of county Augusta, Georgia funds..
Attachment number 2
Page 5 of 6
Item # 8
Section 10. Be it further enacted, that all laws and parts of laws in conflict with this
amendment be and the same are hereby repealed.
Attachment number 2
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Item # 8
Attachment number 3
Page 1 of 6
Item # 8
Attachment number 3
Page 2 of 6
Item # 8
Attachment number 3
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Item # 8
Attachment number 3
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Attachment number 3
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Attachment number 3
Page 6 of 6
Item # 8
CommissionMeetingAgenda
4/19/20115:00PM
MotiontoApproveanOrdinanceAmendingtheDuties oftheAdministrator
Department:Law
Caption:MotiontoapproveanordinancetoamendtheAugusta ,GACode
TitleOneArticleThreeSection1-2-36relatingto dutiesofthe
AdministratorofAugusta,Georgia;torepealallco desectionsand
ordinancesandpartsofcodesectionsandordinance sinconflict
herewith;toprovideaneffectivedateandforothe rpurposes.
(RequestedbyMayorProTemJoeBowles)
Background:OnMarch1,2011,theAugusta,GeorgiaCommissiona pproved
revisionstotheAugusta,GeorgiaPersonnelPolicy and
ProceduresManualwhichincludedrevisionstothes copeofthe
dutiesoftheAdministrator.Thisproposedordinan ceupdatesand
amendstheAugusta,GeorgiaCoderelatedtotheAdm inistrator's
dutiestobeconsistentwiththerevisionstotheP ersonnelPolicy
andProceduresManual.Aworksessionregardingthi samended
ordinancewasheldonFriday,March18,2011.
Analysis:
FinancialImpact:
Alternatives:Deny
Recommendation:Approve
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 9
Version 3-18-11
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE
ARTICLE THREE SECTION 1-2-36 RELATING TO DUTIES OF THE
ADMINISTRATOR OF AUGUSTA, GEORGIA; TO REPEAL ALL CODE
SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, On March 1, 2011, the Augusta Georgia Commission approved
revisions to the Augusta, Georgia Personnel Policy and Procedures Manual; and
WHEREAS, Augusta, Georgia desires to update and amend the Code as related to
the duties of the Administrator to be consistent with the revisions to the Augusta,
Georgia Personnel Policy and Procedures Manual;
THE AUGUSTA, GEORGIA COMMISSION, ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Section 1-2-36 as set forth in the Augusta, Ga.
Code, re-adopted July 10, 2007, is hereby amended by striking this section in its
entirety DVVHWIRUWKLQ³([KLELW$´KHUHWRand inserting in lieu thereof new Code
Section 1-2-36, restated as set forth in ³([KLELW%´KHUHWR
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this _____ day of , 2011.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 1 of 7
Item # 9
Version 3-18-11
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2011 and that such Ordinance has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1
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Item # 9
Version 3-18-11
Exhibit A
Sec. 1-2-36. Duties.
The Administrator for Augusta-Richmond County shall be the administrative
officer of Augusta-Richmond County and head of the administrative branch of
Augusta-Richmond County government. The Administrator shall be responsible to
the Mayor and Commission for the proper administration of all affairs of Augusta-
Richmond County, and his duties shall be as follow:
(a) To recommend for appointment or removal all Augusta-Richmond County
department heads, subject to the approval of the Commission, with the
exception of the Augusta-Richmond County attorney, the Clerk of
Commission, the Equal Opportunity Officer, and the internal auditor, all of
whom shall be appointed and discharged directly by the Commission;
(b) Subject to the rules and regulations of the Commission, where applicable,
the Administrator for Augusta-Richmond County shall be the appointed
authority for all other Augusta-Richmond County employees whose
appointment is now or hereinafter vested in the Commission, and shall have
the right to employ and discharge the same;
(c) To execute all lawful orders, directions, instructions, and all ordinances,
resolutions and regulations adopted by the Commission consistent with this
Code and entered upon the minutes of the Commission; in the execution of
these matters, the Administrator shall keep the Mayor fully informed and
shall coordinate with the Mayor to ensure that all laws, ordinances, and
resolutions of Augusta-Richmond County are faithfully executed;
(d) To have supervision over all departments or divisions of Augusta-Richmond
County now or hereinafter subject to the jurisdiction of the Commission;
(e) To attend all meetings of the Commission, with the right to take part in the
discussion;
(f) To prepare and to recommend salary scales for all employees;
(g) To prescribe the duties and supervise the work of Augusta-Richmond
County employees;
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(h) To require reports from heads of departments, and other employees trusted
with administrative duties or exercising discretion:
(i) To prepare and submit to the Mayor and Commission a proposed annual
budget; when the budget has been prepared and adopted as provided by law
by the Commission, it shall be the duty of the Administrator for Augusta-
Richmond County to execute the budget; no department or office of
Augusta-Richmond County government shall exceed the budget without the
approval of the Commission;
(j) To keep the Mayor and Commission fully advised on the financial
conditions and future needs of Augusta-Richmond County and shall make
such recommendations on Augusta-Richmond County affairs as the
Administrator deems necessary for the effective operation of Augusta-
Richmond County;
(k) To act as liaison between the Mayor and/or Commission and all Augusta-
Richmond County department heads or employees of Augusta-Richmond
County;
(l) To confer with and assist all other elected or appointed officials of
Richmond County, and all departments, such as Augusta-Richmond County
health department, the Augusta-Richmond County Department of Family
and Children Services, whose missions are not under the direct control and
supervision of the Commission, but who are dependent upon the
appropriations of the Commission for their continued operation;
(m) To submit to the Mayor and Commission at the end of each fiscal year a
complete report on the finances and administrative activities of Augusta-
Richmond County for the preceding year;
(n) To see that all legislation, programs, regulations or plans promulgated and
required by the state or federal government are duly carried out and
complied with in accordance with such legislation, programs, regulations or
plans;
(o) To perform such other duties as may be required for him by the Mayor and
Commission.
Attachment number 1
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Item # 9
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Exhibit B
Sec. 1-2-36. Duties of Administrator.
The Administrator for Augusta, Georgia shall be the administrative officer of
Augusta, Georgia and head of the administrative branch of Augusta, Georgia
government. The Administrator shall be responsible to the Mayor and
Commission for the proper administration of all affairs of Augusta, Georgia, and
his duties shall be as follow:
(a) To have the exclusive right to recommend for appointment or removal all
Augusta, Georgia department heads, subject to the approval of the
Commission, with the exception of the General Counsel, the Clerk of
Commission, the Equal Employment Opportunity Director, and the
Disadvantaged Business Enterprise Liaison, all of whom shall be appointed
and discharged directly by the Mayor and Commission;
(b) Subject to the rules and regulations of the Commission, where applicable,
the Administrator for Augusta, Georgia shall be the appointed authority for
all other Augusta, Georgia employees whose appointment is now or
hereinafter vested in the Commission, and shall have the right to employ and
discharge the same;
(c) To execute all lawful orders, directions, instructions, and all ordinances,
resolutions and regulations adopted by the Commission consistent with this
Code and entered upon the minutes of the Commission; in the execution of
these matters, except as otherwise provided in the Augusta, Georgia Charter,
the Administrator shall keep the Mayor fully informed and shall coordinate
with the Mayor to ensure that all laws, ordinances, and resolutions of
Augusta, Georgia are faithfully executed;
(d) To have supervision over all departments or divisions of Augusta, Georgia
now or hereinafter subject to the jurisdiction of the Commission, with the
exception of the General Counsel, the Clerk of Commission, the Equal
Employment Opportunity Director, and the Disadvantaged Business
Enterprise Liaison, all of whom shall report directly to the Mayor and
Commission;
Attachment number 1
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(e) To attend all meetings of the Commission, with the right to take part in the
discussion;
(f) To prepare and to recommend salary scales for all employees;
(g) To prescribe the duties and supervise the work of Augusta, Georgia
employees, with the exception of the Augusta, Georgia Law Department, the
Clerk of Commission, the Equal Employment Opportunity Director, and the
Disadvantaged Business Enterprise Liaison, all of whom shall report directly
to the Mayor and Commission;
(h) To require reports from heads of departments, and other employees trusted
with administrative duties or exercising discretion, with the exception of the
General Counsel, the Clerk of Commission, the Equal Employment
Opportunity Director, and the Disadvantaged Business Enterprise Liaison,
all of whom shall report directly to the Mayor and Commission;
(i) To prepare and submit to the Mayor and Commission a proposed annual
budget; when the budget has been prepared and adopted as provided by law
by the Commission, it shall be the duty of the Administrator for Augusta,
Georgia to execute the budget; no department or office of Augusta, Georgia
government shall exceed the budget without the approval of the
Commission;
(j) To keep the Mayor and Commission fully advised on the financial
conditions and future needs of Augusta, Georgia and shall make such
recommendations on Augusta, Georgia affairs as the Administrator deems
necessary for the effective and efficient operation of Augusta, Georgia;
(k) To act as liaison between the Mayor and/or Commission and all Augusta,
Georgia department heads or employees of Augusta, Georgia, with the
exception of the General Counsel, the Clerk of Commission, the Equal
Employment Opportunity Director, and the Disadvantaged Business
Enterprise Liaison, all of whom shall report directly to the Mayor and
Commission;
(l) To confer with and assist all other elected or appointed officials of
Richmond County, and all departments, such as Augusta-Richmond County
health department, the Augusta-Richmond County Department of Family
and Children Services, whose missions are not under the direct control and
Attachment number 1
Page 6 of 7
Item # 9
Version 3-18-11
supervision of the Commission, but who are dependent upon the
appropriations of the Commission for their continued operation;
(m) To submit to the Mayor and Commission at the end of each fiscal year a
complete report on the finances and administrative activities of Augusta,
Georgia for the preceding year;
(n) To see that all legislation, programs, regulations or plans promulgated and
required by the state or federal government are duly carried out and
complied with in accordance with such legislation, programs, regulations or
plans;
(o) To approve all position classifications, reclassifications, reorganizations, and
pay adjustments up to fifteen (15%) percent of base pay and provide the
Administrative Services Committee with a monthly report of such
adjustment(s) following any calendar month during which such
adjustment(s) were made; and
(p) To perform such other duties as may be required for him by the Mayor and
Commission.
Attachment number 1
Page 7 of 7
Item # 9
CommissionMeetingAgenda
4/19/20115:00PM
OrdinancetopresentProposaltoamendtheAugusta,GeorgiaCharter(§1-40)andLawsofLocal
Application(1995GA.Lawsp.3648,§14),relating toEqualOpportunity;toseparatetheFunctionof
EqualEmploymentOpportunityfromMinorityandSmal lBusin
Department:Commission
Caption:AnOrdinancetopresentProposaltoamendtheAugus ta,Georgia
Charter(§1-40)andLawsofLocalApplication(199 5GA.Laws
p.3648,§14),relatingtoEqualOpportunity;tos eparatethe
functionofEqualEmploymentOpportunityfromMinor ityand
SmallBusinessOpportunities;toprovidepoliciesa ndguidelines;
tocreateaLocalSmallBusinessBusinessOpportuni tyProgram
andCitizens'SmallBusinessAdvisoryBoard;tocre ateaDBE
Programforfederallyassistedcontracts;torepeal allLocalLaws,
CharterSections,CodeSectionsandOrdinancesand partsof
LocalLaws,CharterSections,CodeSectionsandOrd inancesin
conflictherewith;toprovideaneffectivedateand forother
purposes.(RequestedbyMayorProTemJoeBowles)
Background:A.A.CurrentlanguageofAugusta,GeorgiaChar ter§1-40
(GA.L.1995p.3648,§14).1.Section1-40cu rrentlystates
that“theCommissionshallemployapersontoserve asequal
employmentopportunitydirectorandasdirectorof minorityand
smallbusinessopportunities.”AccordingtotheCh arter,the
personinthispositionistaskedwith:a)ensu ringequal
opportunitiesforemployeesofAugusta,Georgia;an db)
ensuring“equalopportunitiesforallbusinessesan dcitizensin
contractingwiththeCommissionandalldepartments ,agencies,
authorities,andotherentitiesoflocalgovernment ”;andc)
encouraging“thedevelopmentofminorityandsmall businesses
withinRichmondCounty.”2.TheCharterdoesno taddressthe
requirementsoffederalregulationswithrespectto aDBE
Programforfederallyfundedprojects.B.B.Cur rentOperational
Practice1.Augusta,Georgiadoesnotcurrently employa
directorthatisresponsibleforEqualEmploymentO pportunity
(EEO),LocalSmallBusiness(LSB)andDisadvantaged Business
Enterprise(DBE)forfederallyfundedprojects.2.EEO
functionsareperformedbytwoemployeesinanoffi ceseparate
fromLSBandDBE.3.TheLSBprogramandDBEco mpliance
functionsforalldepartments(excepttheairport)a reperformedby
twoemployeesinanofficeseparatefromEEO.4.Airport Cover Memo
Item # 10
relatedDBEcompliancefunctionsforfederallyfund edairport
projectsareperformedbyonepersonintheairport .C.C.
ProposedChange1.TheworkandfunctionofEEO isdistinctly
differentfromLSBandDBEandwillbecomeasepara teoffice
consistentwiththecurrentpractice.2.Althou ghtheLSB
programandDBEcompliancearecompletelyseparate programs,
consistentwithcurrentpractice,theLSBprograma ndtheDBE
compliancefunctionwillbeperformedbyemployees inthesame
office.3.TheairportDBEcompliancefunction willbemerged
intotheDBEcomplianceprogramfortherestofAug usta.4.
TheLSBprogramwillbeimprovedconsistentwith
recommendationsmadebyNERAConsulting.5.The DBE
Programforfederallyfundedprojectsincludesfede ralregulatory
requirementsasrequestedbytheU.S.Departmentof
Transportation.
Analysis:Seeattached.
FinancialImpact:N/A.
Alternatives:1.MovetheLSBProgramunderanOfficeofEconomic
DevelopmentandContractCompliance.2.MovetheLS B
ProgramundertheProcurementOffice.3.Declineto separate
thesefunctionsatthistimeandcreateanewjobt itle(andjob
description)foraDirectorofEqualEmployment(wh owillbe
responsibleforequalemploymentofficerduties,op eratingthe
DBEProgramforfederallyfundedprojectsaswella soperating
theLSBProgram).
Recommendation:Approve.
FundsareAvailable
intheFollowing
Accounts:
N/A.
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 10
ORDINANCE NO. ___________
AN ORDINANCE TO PRESENT PROPOSAL TO AMEND THE
AUGUSTA, GEORGIA CHARTER AND LAWS OF LOCAL
APPLICATION, SECTION 1-40 RELATING TO EQUAL OPPORTUNITY;
TO SEPARATE THE FUNCTION OF EQUAL EMPLOYMENT
OPPORTUNITY FROM MINORITY AND SMALL BUSINESS
OPPORTUNITIES; TO PROVIDE POLICIES AND GUIDELINES; TO
CREATE A LOCAL SMALL BUSINESS ADVISORY BOARD; TO
REPEAL ALL CHARTER, CODE SECTIONS AND ORDINANCES AND
PARTS OF CHARTER, CODE SECTIONS AND ORDINANCES IN
CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS, Augusta, Georgia seeks to separate the functions of Equal
Employment Opportunity, Disadvantaged Business Enterprise and Local Small
Business and seeks to provide policies and guidelines for these functions; and
WHEREAS, Augusta, Georgia seeks to create a Local Small Business
Advisory Board and to modify the Charter to reflect changes in the manner in
which services and functions are provided;
NOW BE IT THEREFORE ORDAINED as follows:
CHARTER AND LAWS OF LOCAL APPLICATION. An ordinance to amend
Augusta, Georgia Charter and Laws of Local Application, Chapter 1, Article 5,
Sections 1-40FDOOHG³(TXDOOSSRUWXQLW\´, as set forth in the Augusta, Georgia,
Charter, re-adopted July 10, 2007, is hereby presented. The ordinance is to amend
the Charter by striking Section 1-40 in LWVHQWLUHW\DVVHWIRUWKLQ³([KLELW$´KHUHWR
and inserting in lieu thereof a new Section 1-4 FDOOHG ³Equal Employment
Opportunity, Local Small Business Program and Disadvantaged Business
Enterprise Program for the Department of Transportation, Federal Transportation
Administration and Other Federally Assisted Contracts´DVVHWIRUWKLQ³([KLELW%´
hereto.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws. Once this ordinance is read into the minutes by
the Commission, a notice containing a synopsis of the proposed Charter
amendment shall be published in the Augusta Chronicle once a week for three
weeks. Following the final week of publication, the Charter amendment shall be
placed on the Commission agenda for final approval. The Charter amendment will
be effective following the second reading of the final approval.
Attachment number 1
Page 1 of 7
Item # 10
SECTION 3. All code provisions, ordinances or parts of ordinances in conflict
herewith are to be repealed upon the final approval of this Charter amendment.
Adopted this ______ day of _________________, 2011.
______________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 7
Item # 10
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on ______________________, 2010 and that such Ordinance has not been
modified or rescinded as of the date hereof and the undersigned further certifies
that attached hereto is a true copy of the Ordinance which was approved and
adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 3 of 7
Item # 10
EXHIBIT A
STRIKE:
Sec. 1-40. Equal opportunity.
(a) The government of Augusta-Richmond County shall encourage the
meaningful involvement in its operations of all citizens of Augusta-Richmond
County, particularly those who are members of minority or other traditionally
disadvantaged groups, as appointees, employees, and independent contractors. The
Commission shall afford equal opportunities for employment and promotion to all
persons regardless of race, sex, religion, gender, creed, color, or national origin.
(b) It is the policy of the Augusta-Richmond County government to ensure the
equitable participation of all minorities, including African-Americans, women, and
small businesses in providing goods and services to the city-county government.
The goal of this section is to increase the use of such minorities and small
businesses to a level comparable with their availability. This participation goal
shall be used as a guideline to the Commission and shall not be construed as a
ceiling or quota.
(c) In furtherance of the policies stated in subsections (a) and (b) of this section,
the Commission shall employ a person to serve as equal employment opportunity
director and as director of minority and small business opportunities. The director
shall develop and, subject to the approval of the Commission, implement such
policies, procedures, and guidelines as the director deems necessary or appropriate
to ensure equal employment opportunities for all citizens. The director, subject to
the approval of the Commission, shall propose and implement such policies,
procedures, and guidelines as are necessary and appropriate to ensure equal
opportunities for all businesses and citizens in contracting with the Commission
and all departments, agencies, authorities, and other entities of local government
and to encourage the development of minority and small businesses within
Richmond County. In addition, said director shall have such other powers and
duties as may from time to time be afforded by action of the Commission.
(d) The Commission shall establish' a citizens advisory council for minority
employment and small business opportunities to advise the Commission and
director of matters pertaining to this section, and to meet with minorities and small
businesses to review the problems of minority and small business opportunities.
Attachment number 1
Page 4 of 7
Item # 10
(1995 Ga. Laws, p. 3648; 1996 Ga. Laws, p. 3607; 1997 Ga. Laws, p. 4024; 1997
Ga. Laws, p. 4690)
Attachment number 1
Page 5 of 7
Item # 10
EXHIBIT B
REPLACE WITH:
Sec. 1-40. Equal Employment Opportunity, Local Small Business Program
and Disadvantaged Business Enterprise Program for the Department of
Transportation, Federal Transportation Administration and Other Federally
Assisted Contracts.
(a) The government of Augusta, Georgia shall implement and follow
employment practices that treat all persons fairly regardless of race, sex, religion,
gender, creed, color, national origin, disability, genetics or protected age
classification. It is the policy of the Augusta, Georgia government to provide equal
employment opportunities to all minorities and women.
(b) Subject to the limitations of federal and state law, the government of
Augusta, Georgia shall implement and follow procurement practices that treat all
persons fairly regardless of race, sex, religion, gender, creed, color, national origin,
disability, genetics or protected age classification. It is the policy of the Augusta,
Georgia government to provide equal opportunities for participation to all
minorities, women, and small businesses in providing goods and services to the
government.
(c) In furtherance of the policy stated in subsection (a), the Commission shall
employ a person to serve as Equal Employment Opportunity Director (EEO
Director). The EEO Director shall develop and, subject to the approval of the
Commission, implement such policies, procedures, and guidelines as necessary or
appropriate to ensure equal employment opportunities for Augusta, Georgia. The
EEO Director shall report to the Mayor and Commission.
(d) In furtherance of the policy stated in subsection (b), the Commission shall
develop and implement a Local Small Business Opportunities Program (LSBOP).
The LSBOP shall be operated by the Procurement Director or such other person as
the Commission Directs by Resolution. The Director of the LSBOP shall develop
and, subject to the approval of the Commission, implement such policies,
procedures, and guidelines as necessary or appropriate to provide opportunities for
local small businesses in providing goods and services to the government.
(e 7KH&RPPLVVLRQVKDOOHVWDEOLVKD&LWL]HQV¶6PDOO%XVLQHVV Advisory Board
(CSBAB) to advise the Commission and the Director of the LSBOP on matters
pertaining to the LSBOP.
Attachment number 1
Page 6 of 7
Item # 10
(f) In accordance with federal and state regulations the Commission shall
develop and implement a Disadvantaged Business Enterprises (DBE) Program for
U.S. Department of Transportation (DOT) assisted contracts, Federal
Transportation Aviation (FTA) assisted contracts and other federally assisted
contracts having DBE requirements. The DBE Program must comply with DOT
and FTA mandated DBE requirements for certain DOT and FTA assisted contracts
as required by 49 C.F.R. Part 26 and 49 C.F.R. Part 23.
(g) The DBE Program shall be operated by a DBE Liaison who shall report to
the Mayor and Commission and have direct, independent access to the Mayor
concerning DBE Program matters.
Attachment number 1
Page 7 of 7
Item # 10
CommissionMeetingAgenda
4/19/20115:00PM
AmendmentofSolicitation/ModificationofContract
Department:Law
Caption:Motionto approve amendmentoftheFortGordoncontractwith
Augusta-RichmondCountyAnimalControltoprocessa nd
impoundstrayanimalsdeliveredbyFortGordon.(Approvedby
PublicSafetyCommitteeApril11,2011)
Background:ThepurposeofthemodificationistoaddFARClaus es52,232-18,
AvailibilityofFunds,52-232-19,AvailibilityofF undsforthe
NextFiscalYear,toincreasefundingonClin0001 by$3,000.00
undertheContinuedResolution,andtochangethen ameofthe
contractadministrator.
Analysis:n/a
FinancialImpact:potentialadditional$3000inrevenue
Alternatives:DenytheMotion
Recommendation:ApprovetheMotion
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 11
Attachment number 1
Page 1 of 3
Item # 11
Attachment number 1
Page 2 of 3
Item # 11
Attachment number 1
Page 3 of 3
Item # 11
CommissionMeetingAgenda
4/19/20115:00PM
ResolutiontoReaffirmtheNecessityof9-1-1Fees
Department:Departmentof9-1-1
Caption:Motionto approveResolutionreaffirmingthenecessityofthe
911andtheWirelessEnhanced911charges.(Approvedby
PublicSafetyCommitteeApril11,2011)
Background:Seeattached.
Analysis:Seeattached.
FinancialImpact:N/A.
Alternatives:Declinetocollect911fees.
Recommendation:Approve.
FundsareAvailable
intheFollowing
Accounts:
N/A.
REVIEWEDANDAPPROVEDBY :
Finance
Administrator
ClerkofCommission
Cover Memo
Item # 12
CommissionMeetingAgenda
4/19/20115:00PM
ApproveDevelopmentAgreementforVillageatRiverw atch
Department:Finance/Law
Caption:Motionto approvetheDevelopmentAgreementfortheVillageat
Riverwatch.(ApprovedbyFinanceCommitteeApril11,
2011)
Background:OnOctober28thecommissionapprovedthecreation ofTAD2
andtaskingthefinancedepartmenttodevelopneces sary
documentsfortheCostcoandphaseIportionofthe Villageat
Riverwatchproject.Approvalofthisagreementis thenextstepin
theprocessthatwasapprovedonOctober28,2010.
Analysis:Thisisapartoftheongoingprocessandoneofth efinalsteps
involved.
FinancialImpact:
Alternatives:none
Recommendation:ApproveDevelopmentAgreeement
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 13
ATLANTA:5296237.1
DEVELOPMENT
AGREEMENT
Between Augusta, Georgia
and
Augusta Village at Riverwatch, LLC
In the Village at Riverwatch Tax Allocation District
_______________, 2011
Attachment number 1
Page 1 of 54
Item # 13
TABLE OF CONTENTS
Page
i ATLANTA:5296237.1
ARTICLE I RECITALS .................................................................................................................. 1
ARTICLE II GENERAL TERMS .................................................................................................... 2
Section 2.1 Definitions ...................................................................................................... 2
Section 2.2 Singular and Plural ......................................................................................... 6
ARTICLE III REPRESENTATIONS AND WARRANTIES ........................................................... 6
Section 3.1 Representations and Warranties of Developer ............................................... 6
Section 3.2 Representations and Warranties of Augusta .................................................. 9
Section 3.3 Parties to Cooperate ....................................................................................... 9
Section 3.4 Payment of Administrative Fee ...................................................................... 9
ARTICLE IV DEVELOPMENT AND CONSTRUCTION ............................................................ 10
Section 4.1 Construction of the TAD Project, the Roadway Project, and the
Village at Riverwatch Project....................................................................... 10
Section 4.2 Approvals Required for the Project .............................................................. 11
Section 4.3 Unreasonable Delay or Abandonment; Cessation of Work ......................... 11
Section 4.4 Material Modifications ................................................................................. 11
Section 4.5 Project Modifications. Developer shall provide notice to Augusta
immediately upon the occurrence of a Project Modification ....................... 12
ARTICLE V DUTIES, RESPONSIBILITIES and special covenants OF Developer .................... 12
Section 5.1 Completion of the Project ............................................................................ 12
Section 5.2 Compliance with Documents ....................................................................... 12
Section 5.3 Litigation ...................................................................................................... 12
Section 5.4 Maintenance of the Project ........................................................................... 12
Section 5.5 Records and Accounts .................................................................................. 12
Section 5.6 Liens and Other Charges .............................................................................. 13
Section 5.7 Compliance with Laws, Contracts, Licenses, and Permits ........................... 13
Section 5.8 Laborers, Subcontractors and Materialmen .................................................. 13
Section 5.9 Taxes ............................................................................................................ 13
Section 5.10 Insurance ...................................................................................................... 13
Section 5.11 Further Assurances and Corrective Instruments........................................... 13
Section 5.12 Performance by Developer ........................................................................... 14
Section 5.13 Restrictions on Easements and Covenants ................................................... 14
Section 5.14 Access to the Site ......................................................................................... 14
Section 5.15 Reporting of Retail Sales Information from the Costco Tract and
Phase I .......................................................................................................... 14
Section 5.16 Dedication of Roadway Project .................................................................... 15
Attachment number 1
Page 2 of 54
Item # 13
TABLE OF CONTENTS
Page
ii ATLANTA:5296237.1
Section 5.17 Delivery of Documents ................................................................................ 15
Section 5.18 Developer Interest Rate ................................................................................ 15
ARTICLE VI ADVANCES; DISBURSEMENT; REIMBURSEMENT FUND;
FINANCING ALTERNATIVES .............................................................................. 15
Section 6.1 Advances ...................................................................................................... 15
Section 6.2 Disbursements .............................................................................................. 16
Section 6.3 Limited Liability .......................................................................................... 17
Section 6.4 Reimbursement Fund ................................................................................... 18
Section 6.5 Alternative Financing ................................................................................... 18
ARTICLE VII INDEMNIFICATION ............................................................................................... 18
Section 7.1 Indemnification ............................................................................................ 18
Section 7.2 Notice of Claim ............................................................................................ 19
Section 7.3 Defense ......................................................................................................... 19
Section 7.4 Separate Counsel .......................................................................................... 19
Section 7.5 Survival ........................................................................................................ 19
ARTICLE VIII DEFAULT ................................................................................................................. 19
Section 8.1 Default by Developer ................................................................................... 19
Section 8.2 Remedies ...................................................................................................... 20
Section 8.3 Remedies Cumulative .................................................................................. 20
Section 8.4 $JUHHPHQWWR3D\$WWRUQH\V¶)HHVDQG([SHQVHV ........................................ 20
Section 8.5 Default by Augusta ....................................................................................... 21
Section 8.6 Remedies Against Augusta .......................................................................... 21
ARTICLE IX MISCELLANEOUS .................................................................................................. 21
Section 9.1 Term of Agreement ...................................................................................... 21
Section 9.2 Notices .......................................................................................................... 21
Section 9.3 Amendments and Waivers............................................................................ 22
Section 9.4 Invalidity ...................................................................................................... 22
Section 9.5 Successors and Assigns ................................................................................ 22
Section 9.6 Schedules; Titles of Articles and Sections ................................................... 22
Section 9.7 Applicable Law ............................................................................................ 23
Section 9.8 Entire Agreement ......................................................................................... 23
Section 9.9 Approval by the Parties ................................................................................ 23
Section 9.10 Additional Actions ....................................................................................... 23
Attachment number 1
Page 3 of 54
Item # 13
TABLE OF CONTENTS
Page
0 ATLANTA:5296237.1
DEVELOPMENT AGREEMENT
7KLV 'HYHORSPHQW $JUHHPHQW WKLV ³$JUHHPHQW´ GDWHG DV RIthe _______ day of
_____________, 2011, is made by and between Augusta, Georgia, a political subdivision of the State of
Georgia (³$XJXVWD´), and Augusta Village at Riverwatch, LLC, a Georgia limited liability company, as
Developer. Capitalized terms used herein and not otherwise defined have the meanings given to them in
Article II.
ARTICLE I
RECITALS
WHEREAS, Augusta is duly authorized to exercise the redevelopment powers granted to cities
and counties in the State pursuant to the Redevelopment Powers Law and in accordance with House Bill
773 enacted by the General Assembly in 2006 (2006 GA. LAWS p. 4507, et seq.) and approved in a
referendum on November 6, 2006; and
WHEREAS, by a Resolution duly adopted on December 7, WKH ³7$' 5HVROXWLRQ´ ,
following a public hearing as required by law, the Augusta-Richmond County Commission approved the
Village at Riverwatch Redevelopment Plan and created Tax Allocation District Number Two -- Village at
Riverwatch WKH³Village at Riverwatch 7$'´ DQG
WHEREAS, the Redevelopment Powers Law provides that Augusta may enter into public-private
partnerships to effect the redevelopment projects contemplated in the Redevelopment Plan; and
WHEREAS, the TAD Resolution expressed the intent of Augusta, as set forth in the
Redevelopment Plan, to provide funds to induce and stimulate redevelopment in the Village at
Riverwatch TAD; and
WHEREAS, the undertakings contemplated by the Redevelopment Plan include, among other
renewal activity, redevelopment of the ³Village at Riverwatch 3URMHFW´including the 115-acre
commercial redevelopment along Riverwatch Parkway at Interstate 20 within Augusta; and
WHEREAS, Developer is the owner of certain real property located within the Village at
Riverwatch TAD; and
WHEREAS, Developer seeks to undertake the redevelopment of the property into a commercial
development of retail, restaurants, hotel, banks, office space, and other related commercial uses; and
WHEREAS, in order to induce and further facilitate the successful accomplishment of this
portion of the Redevelopment Plan, Augusta has indicated its intent to exercise its authority under the
Redevelopment Powers Law and in accordance with State law to enter into this Development Agreement
with Developer, pursuant to which, subject to the conditions described herein, the Tax Allocation
Increment and certain LOST Revenues collected in the Village at Riverwatch TAD will be used to
reimburse Developer for certain Redevelopment Costs advanced by Developer in connection with the
TAD Project; and
WHEREAS, Developer agrees, pursuant to the terms of this Agreement, to undertake this critical
revitalization in Augusta and to pursue the Village at Riverwatch Project consistent with the Village at
Riverwatch Redevelopment Plan.
Attachment number 1
Page 4 of 54
Item # 13
TABLE OF CONTENTS
Page
1 ATLANTA:5296237.1
AGREEMENT
NOW THEREFORE, Augusta and Developer, for and in consideration of the mutual promises,
covenants, obligations and benefits of this Agreement, hereby agree as follows:
ARTICLE II
GENERAL TERMS
Section 2.1 Definitions. Unless the context clearly requires a different meaning, the
following terms are used herein with the following meanings:
³$FWRI%DQNUXSWF\´PHDQVWKHPDNLQJRIDQDVVLJQPHQWIRUWKHEHQHfit of creditors, the filing of
a petition in bankruptcy, the petitioning or application to any tribunal for any receiver or any trustee of the
applicable Person or any substantial part of its property, the commencement of any proceeding relating to
the applicable Person under any reorganization, arrangement, readjustments of debt, dissolution or
liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if, within 60 days after
the filing of a bankruptcy petition or the commencement of any proceeding against the applicable Person
seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar
relief under any present or future statute, law or regulation, the proceedings have not been dismissed, or,
if, within 60 days after the appointment, without the consent or acquiescence of the applicable Person, of
any trustee, receiver or liquidator of the applicable Person or of the land owned by the applicable Person,
the appointment has not been vacated.
³$GPLQLVWUDWLYH)HH´PHDQVDQDQQXDODGPLQLVWUDWLYHIHHLQWKHDPRXQWRI$5,000.00, payable by
Developer to Augusta as provided in Section 3.4.
³$GYDQFHV´PHDQVDGYDQFHVE\Developer or any other Person or entity to pay any costs that
constitute Reimbursement Costs associated with the TAD Project or the Roadway Project or for which
Developer may be entitled to reimbursement pursuant to Section 6.2(f).
³$IILOLDWH´PHDQVZLWKUHVSHFWWRDQ\3HUVRQ D DSDUHQWSDUWQHUPHPEHURURZQHURIVXFK
Person or of any Person identified in clause (b) below, and (b) any other Person that, directly or indirectly
through one or more intermediaries, controls, is controlled by or is under common control with such
3HUVRQ$VXVHGLQWKLVGHILQLWLRQWKHWHUP³FRQWURO´PHDQVWKHSRVVHVVLRQGLUHFWO\RULQGLUHFWO\RIWKH
power to direct or cause the direction of the management or policies of a Person, whether through the
ownership of voting securities, by contract or otherwise.
³$XJXVWD´PHDQVAugusta, Georgia, a political subdivision of the State of Georgia.
³&RVWFR´PHDQVCostco Wholesale Corporation, a Washington corporation, and its successors and
assigns.
³&RVWFRProject´means preparation of the Costco Tract and construction of a pad for a retail store
to be developed and operated by Costco but not including Costco Vertical Development.
³&RVWFR 7UDFW´means the parcel within the Site Plan identified on Schedule A-2 on which
Developer will construct or cause to be constructed the Costco Project.
³&RVWFR9HUWLFDO'HYHORSPHQW´PHDQVFRQVWUXFWLRQRIDUHWDLOVWRUHE\RURQEHKDOIRI&RVWFRRQ
the Costco Tract.
Attachment number 1
Page 5 of 54
Item # 13
TABLE OF CONTENTS
Page
2 ATLANTA:5296237.1
³'HYHORSHU´PHDQV$XJXVWD9LOODJHDW5LYHUZDWFK//&D*HRUJLDOLPLWHGOLDELOLW\FRPSDQ\
developer of the Village at Riverwatch Project.
³'HYHORSHU,QWHUHVW5DWH´PHDQVWKHUDWHRILQWerest paid by Developer on Project Financing as
determined in accordance with Section 5.18.
³'HYHORSPHQW7HDP´ means Developer and its development partners.
³(IIHFWLYH'DWH´PHDQVBBBBBBBBBBBBBBBBBBBBBBWKHHIIHFWLYHGDWHRIWKLVAgreement.
³(QYLURQPHQWDO/DZV´PHDQVLQFOXGLQJEXWZLWKRXWOLPLWDWLRQWKH5HVRXUFH&RQVHUYDWLRQDQG
Recovery Act, 42 U.S.C. §6901 et seq., as amended, the Comprehensive Environmental Response
Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq., as amended by the Superfund
Amendments and Reauthorization Act of 1986, and as further amended, the Clean Water Act, 33 U.S.C. §
1251 et seq., as amended, the Clean Air Act, 42 U.S.C. § 7401 et seq., as amended, the Toxic Substances
Control Act, 15 U.S.C. § 2601 et seq., as amended, and any other applicable federal law relating to health,
safety or the environment.
³(QYLURQPHQWDO5HSRUW´PHDQVWKHexisting environmental site assessment prepared by CSRA
Testing & Engineering Co., Inc. dated January 24, 2006.
³)RUFH0DMHXUH´PHDQVWKHDFWXDOSHULRGRIDQ\GHOD\ in the final completion date of the TAD
Project, the Roadway Project, or the Village at Riverwatch Project, as applicable, caused by fire,
unavailability of manufactured materials, earthquake, flood, explosion, war, acts of terrorism, invasion,
insurrection, mob violence, sabotage, lockouts, litigation, condemnation, riots or other civil disorder,
national or local emergency, act of God, unusual delays in transportation, unusual delay in obtaining
lawful permits or consents to which the applicant is legally entitled, strike or labor dispute, severe weather
conditions, or delays caused by Augusta in excess of 30 days in responding to proposals for Material
Modifications pursuant to Section 4.4, in any such case entitling Developer a commensurate extension of
time to perform and complete its obligations delayed thereby under this Agreement. Developer will give
written notice in accordance with Section 9.2 as soon as reasonably practical after the start of the Force
Majeure event or occurrence giving rise to the delay, specifically identifying the occurrence or event and
the anticipated resulting delays to the TAD Project, the Roadway Project, or the Village at Riverwatch
Project, as applicable.
³*HQHUDO&RQWUDFWRU´PHDQVDQH[SHULHQFHGOLFHQVHGERQGDEOHDQGUHSXWDEOHJHQHUDOFRQWUDFWRU
selected by Developer.
³+D]DUGRXV6XEVWDQFHV´PHDQVDQ\KD]DUGRXVZDVWHDVGHILQHGE\ U.S.C. § 6903(5), any
hazardous substances as defined by 42 U.S.C. § 9601(14), any pollutant or contaminant as defined by
42 U.S.C. § 9601(33), and any toxic substances, oil or hazardous materials or other chemicals or
substances regulated by any Environmental Laws.
³/HJDO 5HTXLUHPHQWV´ PHDQV DQ\ OHJDO UHTXLUHPHQWV LQFOXGLQJ ZLWKout limitation,
Environmental Laws), including any local, state or federal statute, law, ordinance, rule or regulation, now
or hereafter in effect, or order, judgment, decree, injunction, permit, license, authorization, certificate,
franchise, approval, notice, demand, direction or determination of any governmental authority.
³/2675HYHQXHV´PHDQV$XJXVWD¶VVhare (currently estimated to be 97.7 %) of the local option
sales tax revenues collected within the Costco Tract and Phase I net of any amounts collected by or paid
to the State of Georgia, the City of Hephzibah, or the Town of Blythe.
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³0DWHULDO0RGLILFDWLRQ´PHDQV L any modification, change or alteration in the description of the
TAD Project or the Village at Riverwatch Project, as applicable, that would add uses other than the
following uses that are currently contemplated: retail shops and restaurants, hotels, banks, office space,
and other related commercial uses; (ii) any extension of the TAD Project Schedule beyond the TAD
Project Completion Date; or (iii) any extension of the Roadway Project Schedule beyond the Roadway
Project Completion Date.
³3HUPLWWHG([FHSWLRQV´PHDQVDOORIWKHIROORZLQJ L any reasonable and customary exceptions
that serve or enhance the use or utility of the TAD Project, the Roadway Project, or the Village at
Riverwatch Project arising in the course of and necessary in connection with the construction, or ultimate
operation, of the TAD Project or the Village at Riverwatch Project, including by way of example and not
of limitation, easements granted to public utility companies or governmental bodies (for public rights-of-
way or otherwise), (ii) any other exceptions expressly approved in writing by Augusta; (iii) real property
taxes, bonds and assessments (including assessments for public improvements) not yet due and payable;
and (iv) any exceptions approved by 'HYHORSHU¶V lender.
³3HUVRQ´LQFOXGHVDFRUSRUDWLRQDWUXVWDQDVVRFLDWLRQDSDUWQHUVKLS LQFOXGLQJDOLPLWHGOLDELOLW\
partnership), a joint venture, an unincorporated organization, a business, an individual or natural person, a
joint stock company, a limited liability company, or any other entity.
³3KDVH,´PHDQVWKDWSRUWLRQRIWKH6LWHPlan as shown on Schedule A-2 that will be developed as
commercial lots and sold or leased to third parties for development.
³3KDVH,,´PHDQVWKHSRUWLRQRIWKH6LWHPlan as shown on Schedule A-2 that is reserved for future
development by Developer or others.
³3ODQV´PHDQVWKHSite Plan and the construction plans for the TAD Project and the Roadway
Project as the same may be modified from time to time, including any Material Modifications.
³3URMHFW$SSURYDOV´PHDQVDOODSSURYDOVFRQVHQWVZDLYHUVRUGHUVDJUHHPHQWVDXWKRUL]DWLRQV
permits and licenses required under applicable Legal Requirements or under the terms of any restriction,
covenant or easement affecting the TAD Project, the Roadway Project, or the Village at Riverwatch
Project, as applicable, or otherwise necessary or desirable for the ownership, acquisition, construction,
equipping, use or operation thereof, whether obtained from a governmental authority or any other person.
³3URMHFW)LQDQFLQJ´PHDQVDQ\ORDQVILQDQFLQJHTXLW\LQYHVWPHQWRURWKHUDJUHHPHQW RWKHU
than this Agreement) provided to or for the benefit of Developer to finance, directly or indirectly, any
portion of the TAD Project or the Roadway Project.
³3URMHFW0RGLILFDWLRQ´PHDQV(i) any aggregate change in the TAD Project Budget in excess of
fifteen percent (15%); (ii) any delay in or cessation of work on the TAD Project for over 120 days
cumulative (but not beyond the TAD Project Completion Date); or (iii) any delay in or cessation of work
on the Roadway Project for over 120 days cumulative (but not beyond the Roadway Project Completion
Date).
³5HGHYHORSPHQW&RVWV´KDVWKHPHDQLQJJLYHQWKDWWHUPE\2&*$-44-3(8) and as used in
this Agreement, means Redevelopment Costs of the TAD Project and the Roadway Project and any other
Redevelopment Costs (as defined in the Redevelopment Powers Law) contemplated by this Agreement.
³5HGHYHORSPHQW3ODQ´PHDQVthe Village at Riverwatch Redevelopment Plan for Augusta Tax
Allocation District Number Two approved by Augusta pursuant to the TAD Resolution on December 7,
2010, following a public hearing as required by law, as may be amended from time to time.
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³5HGHYHORSPHQW3RZHUV/DZ´PHDQVWKH5HGHYHORSPHQW3RZHUV/DZ2&*$-44-1, et
seq., as may be amended from time to time.
³5HLPEXUVHPHQW&RVWV´PHDQVFDWHJRULHVRI5HGHYHORSPHQW&RVWVIRUZKLFK$XJusta has agreed
to reimburse Advances from the Reimbursement Fund as shown on Schedule D attached hereto.
³5HLPEXUVHPHQW )XQG´ PHDQV WKDW DFFRXQW ZLWKLQ WKH 6SHFLDO )XQG WKDW LV HVWDEOLVKHG E\
Augusta in accordance with Section 6.4 for reimbursement of Advances.
³5HTXLVLWLRQ´PHDQVDUHTXLVLWLRQLQVXEVWDQWLDOO\WKHIRUPDWWDFKHGDVSchedule E hereto (or such
other form approved by Augusta).
³5RDGZD\3URMHFW´PHDQVWKHacquisition of land and construction by Developer of an extension
of Alexander Drive from Riverwatch Parkway through the Site as depicted on Schedule A-2.
³Roadway 3URMHFW&RPSOHWLRQ'DWH´PHDQVMarch 31, 2012, the anticipated date of substantial
completion of the Roadway Project (as evidenced by delivery by Developer to Augusta of the certificate
contemplated in Section 4.1(g)).
³Roadway 3URMHFW&RQVWUXFWLRQ6FKHGXOH´PHDQVWKHHVWLPDWHGVFKHGXOHIRUFRQVWUXFWLRQRIWKH
Roadway Project as set forth in Schedule C-2, as such Schedule may be amended or modified from time
to time, including any Material Modifications.
³5RDGZD\3URMHFW:DUUDQW\´PHDQVWKHZDUUDQW\WREHJLYHQE\'HYHORSHULQDFFRUGDQFHZLWK
the form attached as Schedule G.
³6DOHV5HSRUWV´means with regard to a retail business copies of monthly ³Sales and Use Tax
Returns´ submitted by the business to the Georgia Department of Revenue.
³6FKRRO%RDUG´PHDQVWKH%RDUGRI(GXFDWLRQRI5LFKPRQG&RXQW\*HRUJLD
³6LWH´PHDQVWKHUHDOSURSHUW\RQZKLFKWKHVillage at Riverwatch Project will be located within
the Village at Riverwatch TAD, as more specifically identified in Schedule A-1 hereto.
³6LWH 3ODQ´ PHDQV WKH SODQ IRU GHYHORSPHQW RI WKH 9LOODJH DW 5LYHUZDWFK 3URMHFW DV PRUH
specifically identified in Schedule A-2 hereto.
³6SHFLDO )XQG´ PHDQV WKH EDQN DFFRXQW HVWDEOLVKHG E\Augusta for the collection of Tax
Allocation Increment and LOST Revenues and payment of Disbursements as permitted under this
Agreement.
³6WDWH´PHDQVWKH6WDWHRI*HRUJLD
³7$'%RQGV´PHDQVWD[DOORFDWLRQERQGVQRWHVRURWKHUREOLJDWLRQVWKDWPD\EHLVVXHGE\
Augusta to finance the acquisition, construction and equipping of improvements related to the Village at
Riverwatch Project and related Redevelopment Costs, secured by all or a defined portion of the Tax
Allocation Increment and the LOST Revenues, as contemplated by and provided in O.C.G.A. § 36-44-
3(12).
³7$'3URMHFW´PHDQVWKRVHLPSURYHPHQWVLGHQWLILHGDQGPRUHIXOO\GHVFULEHGLQSchedule B-2
hereto as such Schedule may be amended or modified from time to time, including the Costco Project (but
not including Costco Vertical Development), a portion of the costs of which are to be advanced by
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Developer and reimbursed to Developer from the Reimbursement Fund as contemplated by this
Agreement.
³7$'3URMHFW%XGJHW´PHDQVWKHSURMHFWHGFRVWIRUacquisition, financing, and construction of
the TAD Project as set forth in Schedule D hereto, as such Schedule may be amended or modified from
time to time, including any Project Modifications.
³7$' 3URMHFW &RPSOHWLRQ 'DWH´ PHDQVMarch 31, 2012, the anticipated date of substantial
completion of the TAD Project (as evidenced by delivery by Developer to Augusta of the certificate
contemplated in Section 4.1(e)).
³7$'3URMHFW&RQVWUXFWLRQ6FKHGXOH´PHDQVWKHHVWLPDWHGVFKHGXOHIRUFRQVWUXFWLRQRIWKH7$'
Project as set forth in Schedule C-1, as such Schedule may be amended or modified from time to time,
including any Project Modifications or Material Modifications.
³7$' 5HVROXWLRQ´ PHDQV WKH 5HVROXWLRQ GXO\ DGRSWHG E\the Augusta-Richmond County
Commission on December 7, 2010, following a public hearing as required by law, pursuant to which
Augusta approved the Redevelopment Plan and created the Village at Riverwatch Village TAD.
³7D[$OORFDWLRQ,QFUHPHQW´PHDQVWKHSRVLWLYHWD[DOORFDWLRQLQFUHPHQW ZLWKLQWKHPHDQLQJRI
the Redevelopment Powers Law) levied and collected on real property within the Village at Riverwatch
TAD attributable to the ad valorem millage rate levied annually by Augusta (which was 8.056 mils in
2010) and the positive tax allocation increment attributable to the 6FKRRO%RDUG¶Vad valorem millage rate
(which was 19.11 mils in 2010).
³7LWOH3ROLF\´PHDQVWKHWLWOHLQVXUDQFHSROLF\LVVXHGE\DQDWLRQDOO\UHFRJQL]HGWLWOHFRPSDQ\
with respect to the Site.
³Village at Riverwatch TAD´means that Tax Allocation District Number Two created by
Augusta effective December 31, 2010, pursuant to the Redevelopment Powers Law and the TAD
Resolution and as further described in the Redevelopment Plan.
³Village at Riverwatch 3URMHFW´PHDQVWKHapproximately 115-acre commercial redevelopment
along Riverwatch Parkway at Interstate 20 within Augusta, as more fully described in Schedule B-1
hereto, as such Schedule may be amended or modified from time to time, and including the Costco
Project, Phase I, Phase II, the Roadway Project, and the TAD Project.
Section 2.2 Singular and Plural. Words used herein in the singular, where the
context so permits, also include the plural and vice versa. The definitions of words in the singular
herein also apply to such words when used in the plural where the context so permits and vice
versa.
ARTICLE III
REPRESENTATIONS AND WARRANTIES
Section 3.1 Representations and Warranties of Developer. Developer hereby
represents and warrants to Augusta that:
(a) Organization and Authority. Augusta Village at Riverwatch, LLC, a Georgia
limited liability company, is in good standing and authorized to transact business. 'HYHORSHU¶V
officers have the requisite power and authority to execute and deliver this Agreement, to incur
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and perform its obligations hereunder, and to carry out the transactions contemplated by this
Agreement.
(b) Due Authorization, Execution and Delivery. The execution, delivery, and
performance of this Agreement has been duly authorized by all necessary action and proceedings
by or on behalf of Developer, and no further approvals or filings of any kind, including any
approval of or filing with any governmental authority, are required by or on behalf of Developer
as a condition to the valid execution, delivery, and performance by it of this Agreement. This
Agreement, when duly executed and delivered by each party hereto, will be the valid, binding and
enforceable obligation of Developer in accordance with its terms, subject to matters and laws DIIHFWLQJFUHGLWRUV¶ULJKWJHQHUDOO\DQGWRJHQHUDOSULQFLSOHVRIHTXLW\
(c) Organizational Documents. 'HYHORSHU¶V organizational documents are in full
force and effect and have not been modified or supplemented from those submitted to Augusta or
Augusta, and no fact or circumstance has occurred that, by itself or with the giving of notice or
the passage of time or both, would constitute a default thereunder.
(d) Financial Statements. All financial statements to be furnished to Augusta by
Developer with respect to Developer will fairly present the financial condition of Developer as of
the dates thereof, and all other written information furnished to Augusta by Developer will be
accurate, complete and correct in all material respects and will not contain any material
misstatement of fact or omit to state any fact necessary to make the statements contained therein
not misleading.
(e) Environmental. Developer has no knowledge except as disclosed in the
Environmental Report: (i) of the presence of any Hazardous Substances on the Site, or any
portion thereof, or of any spills, releases, discharges, or disposal of Hazardous Substances that
have occurred or are presently occurring on or onto the Site , or any portion thereof, or (ii) of the
presence of any PCB transformers serving, or stored on, the Site, or any portion thereof, and
Developer has no knowledge of any failure to comply with any applicable Environmental Laws
relating to the generation, recycling, reuse, sale, storage, handling, transport and disposal of any
Hazardous Substances.
(f) Bankruptcy. No Act of Bankruptcy has occurred with respect to Developer.
(g) No Litigation. There is no action, suit or proceeding pending or, to the
knowledge of Developer, threatened against or affecting Developer in any court, before any
arbitrator or before or by any governmental body which (i) in any manner raises any question
affecting the validity or enforceability of this Agreement, (ii) could materially and adversely
affect the business, financial position or results of operations of Developer, or (iii) could
materially and adversely affect the ability of Developer to perform its obligations hereunder.
(h) No Undisclosed Liabilities. Neither Developer nor the Site is subject to any
material liability or obligation, including contingent liabilities, other than loans to finance the
Village at Riverwatch Project. Developer is not in default under or in breach of any material
contract or agreement, and no event has occurred which, with the passage of time or giving of
notice (or both) would constitute such a default, which has a material adverse effect on the ability
of Developer to perform its obligations under this Agreement.
(i) Tax Matters. Developer has prepared and filed in a substantially correct manner
all federal, state, local, and foreign tax returns and reports heretofore required to be filed by them
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and have paid all taxes shown as due thereon. No governmental body has asserted any deficiency
in the payment of any tax or informed Developer that such governmental body intends to assert
any such deficiency or to make any audit or other investigation of Developer for the purpose of
determining whether such a deficiency should be asserted against Developer.
(j) ERISA and Related Matters. Developer does not maintain any retirement or
deferred compensation plan, savings, incentive, stock option or stock purchase plan,
unemployment compensation plan, vacation pay, severance pay, bonus or benefit arrangement,
insurance or hospitalization program or any other fringe benefit arrangement for any employee,
consultant or agent of Developer, whether pursuant to contract, arrangement, custom or informal XQGHUVWDQGLQJZKLFKGRHVQRWFRQVWLWXWHDQ³(PSOR\HH%HQHILW3ODQ´ DVGHILQHGLQ RI
ERISA). Developer does not maintain nor has Developer ever contributed to any Multiemployer
Plan (as defined in §3(37) of ERISA). Developer does not currently maintain any Employee 3HQVLRQ%HQHILW3ODQVXEMHFWWR7LWOH,9RI(5,6$7KHUHKDYHEHHQQR³SURKLELWHGWUDQVDFWLRQV´
(as described in §406 of ERISA or §4975 of the Internal Revenue Code) with respect to any
Employee Pension Benefit Plan or Employee Welfare Benefit Plan maintained by Developer as to
which Developer has been a party.
(k) Principal Office. The address of 'HYHORSHU¶V principal place of business is 5710
LBJ Freeway, Suite 450, Dallas, Texas 75240.
(l) Licenses and Permits. Developer will at all appropriate times possess all
franchises, patents, copyrights, trademarks, trade names, licenses and permits, and rights in
respect of the foregoing, adequate for the conduct of its business substantially as now conducted
or as it is intended to be conducted with respect to the Village at Riverwatch Project, without
known conflict with any rights of others.
(m) Project Location. The Village at Riverwatch Project is located wholly within
Augusta and further, wholly within the Village at Riverwatch TAD.
(n) Utilities. All utility services necessary and sufficient for the construction and
operation of the Village at Riverwatch Project will at all appropriate times be available through
dedicated public rights of way or through perpetual private easements.
(o) Plans. Developer will furnish to Augusta true and complete sets of the Plans.
The Plans so furnished to Augusta will comply with all applicable governmental requirements, all
Project Approvals, and all restrictions, covenants and easements affecting the TAD Project and
the Roadway Project.
(p) Intentionally omitted.
(q) Liens. Other than as disclosed in writing to Augusta or Augusta, there are no
material liens of laborers, subcontractors or materialmen on or respecting the TAD Project or the
Roadway Project on the Effective Date.
(r) Construction Schedules. The TAD Project Construction Schedule accurately
reflects the currently estimated schedule for construction of the TAD Project. The Roadway
Project Construction Schedule accurately reflects the currently estimated schedule for
construction of the Roadway Project.
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(s) Budget. The TAD Project Budget accurately reflects the currently estimated
costs of the TAD Project.
(t) Title. As of the Effective Date, Developer holds fee simple title to the Site.
Section 3.2 Representations and Warranties of Augusta. Augusta hereby represents
and warrants to Developer that:
(a) Organization and Authority. Augusta is a consolidated government duly created
and existing under the laws of the State. Augusta has the requisite power and authority to execute
and deliver this Agreement, to incur and perform its obligations hereunder, and to carry out the
transactions contemplated by this Agreement.
(b) Due Authorization, Execution and Delivery. The execution, delivery, and
performance of this Agreement has been duly authorized by all necessary action and proceedings
by or on behalf of Augusta, and no further approvals or filings of any kind, including any
approval of or filing with any governmental authority, are required by or on behalf of Augusta as
a condition to the valid execution, delivery, and performance by Augusta of this Agreement. This
Agreement, when duly executed and delivered by each party hereto, will be the valid, binding and
enforceable obligation of Augusta in accordance with its terms, subject to matters and laws
DIIHFWLQJFUHGLWRUV¶ULJKWJHQHUDOO\DVWRSROLWLFDOERGLHVDQGWRJHQHUDOSULQFLSOHVRIHTXLW\
(c) No Litigation. There are no actions, suits, proceedings or investigations of any
kind pending or threatened against Augusta before any court, tribunal or administrative agency or
board or any mediator or arbitrator that questions the validity of this Agreement or any action
taken or to be taken pursuant hereto.
(d) TAD Resolution. The TAD Resolution has been validly adopted, remains in full
force and effect, and has not been amended or supplemented since its date of adoption. No
amendment of or supplement to the TAD Resolution is contemplated by Augusta.
(e) Redevelopment Agent. Augusta has been duly designated as Redevelopment
Agent for the Village at Riverwatch TAD as contemplated by the Redevelopment Powers Law.
Section 3.3 Parties to Cooperate. The parties hereto acknowledge that they are
entering into this Agreement based on projections that the Costco Project and Phase I will
generate Tax Allocation Increment and LOST Revenues in at least the amounts shown on
Schedule F hereto. Augusta and Developer will cooperate as provided in this Agreement in order
to ensure that Tax Allocation Increment and LOST Revenues generated by the Costco Project and
Phase I in the Village at Riverwatch TAD are collected and deposited into the Special Fund in
accordance with the terms of this Agreement, thereby permitting reimbursement of
Reimbursement Costs advanced by Developer in connection with the TAD Project as
contemplated by this Agreement.
Section 3.4 Payment of Administrative Fee. Developer agrees to pay the
Administrative Fee to Augusta on the Effective Date of this Agreement and annually thereafter on
the anniversary of the Effective Date up to and including the year this Agreement expires to
reimburse administrative expenses of Augusta with respect to the TAD Project and Requisitions
for reimbursement of Redevelopment Costs as contemplated herein.
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ARTICLE IV
DEVELOPMENT AND CONSTRUCTION
Section 4.1 Construction of the TAD Project, the Roadway Project, and the Village
at Riverwatch Project.
(a) Developer will develop and construct, or cause the development and construction
of, the TAD Project and the Roadway Project in substantial conformance with the Plans and the
descriptions thereof set forth in Schedules A-2 and B-2 and in accordance with the TAD Project
Construction Schedule and the Roadway Project Construction Schedule, subject to Force
Majeure. Augusta acknowledges that during the term of this Agreement modifications to the
TAD Project and the Roadway Project as contemplated on the Effective Date may occur. To the
extent that such modifications are not Material Modifications, Developer will provide a revised
version of Schedule A-2 or B-2 to Augusta, which will be used as the basis for reimbursement of
Advances under Section 6.2. To the extent that any such modification is a Material Modification,
Developer will comply with the procedures set forth in Section 4.4. Augusta agrees to use
commercially reasonable efforts to assist Developer with the TAD Project and the Roadway
Project on the terms set forth in this Agreement to further the public purposes of the
Redevelopment Plan and the Redevelopment Powers Law.
(b) Developer will construct, or cause the construction of, the TAD Project and the
Village at Riverwatch Project in accordance with all applicable Legal Requirements.
(c) Developer will construct, or cause the construction of, the Roadway Project in
accordance with plans and specifications to be approved by Augusta and in accordance with all
applicable Legal Requirements.
(d) Developer (or its development partners) will use commercially reasonable efforts
to pursue development of Phase II substantially as contemplated in the Redevelopment Plan and
as described in Schedule B-1 as expeditiously as market conditions permit, subject to Force
Majeure. Augusta acknowledges that, during the term of this Agreement, modifications to the
Village at Riverwatch Project may occur. To the extent that any such modification is a Material
Modification, Developer will comply with the procedures set forth in Section 4.4.
(e) Prior to the TAD Project Completion Date, Developer will deliver customary
construction reports and interim progress reports in form and content reasonably satisfactory to
Augusta, including an updated TAD Project Construction Schedule and a summary of all costs
and expenses incurred in connection with the TAD Project, not less frequently than quarterly,
from and after the Effective Date until the TAD Project Completion Date, and will keep Augusta
fully informed as to the status and progress of all construction work with respect to the TAD
Project. Upon completion of the construction of the TAD Project, Developer will provide
Augusta with a final cost summary of all costs and expenses associated with the TAD Project, a
certification that the TAD Project has been completed, and evidence that all amounts owing to
contractors and subcontractors have been paid in full evidenced by customary affidavits executed
by such contractors.
(f) Augusta acknowledges that one or more separate contractors may undertake the
construction of portions of the TAD Project under separate contractual agreements with
Developer as members of the Development Team. These development partners will not have any
privity of contract with Augusta hereunder. Although Developer reasonably expects that selected
development partners will fulfill all of their contractual obligations thereunder in a timely manner
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as estimated on the TAD Project Construction Schedule and that such portions of the TAD
Project will be constructed as estimated in the TAD Project Budget, the parties acknowledge that
Developer has no direct control over the construction to be undertaken by these development
partners other than contractual remedies in the event of default. Developer agrees to use
commercially reasonable efforts to facilitate, where appropriate, the construction of the TAD
Project in all material respects.
(g) Prior to the Roadway Project Completion Date, Developer will deliver customary
construction reports and interim progress reports in form and content reasonably satisfactory to
Augusta, including an updated Roadway Project Construction Schedule and a summary of all
costs and expenses incurred in connection with the Roadway Project, not less frequently than
quarterly, from and after the Effective Date until the Roadway Project Completion Date, and will
keep Augusta fully informed as to the status and progress of all construction work with respect to
the Roadway Project. Upon completion of the construction of the Roadway Project, Developer
will provide Augusta with a final cost summary of all costs and expenses associated with the
Roadway Project, a certification that the Roadway Project has been completed, and evidence that
all amounts owing to contractors and subcontractors have been paid in full evidenced by
customary lien waivers executed by such contractors.
Section 4.2 Approvals Required for the Project. Developer will obtain or cause to be
obtained all necessary Project Approvals for the TAD Project, the Roadway Project, and the
Village at Riverwatch Project and will comply with all Legal Requirements of any governmental
body regarding the use or condition of the TAD Project, the Roadway Project, and the Village at
Riverwatch Project. Developer may, however, contest any such Legal Requirement or Project
Approval by an appropriate proceeding diligently prosecuted. Augusta agrees to process zoning
and permit applications in a prompt and timely manner in accordance with its normal rules and
procedures.
Section 4.3 Unreasonable Delay or Abandonment; Cessation of Work.
(a) If Augusta determines in its reasonable discretion that (i) the TAD Project is
delayed for reasons other than Force Majeure or market forces such that the TAD Project will not
be completed within 210 days of the TAD Project Completion Date as amended; or (ii) the
Roadway Project is delayed for reasons other than Force Majeure or market forces such that the
Roadway Project will not be completed within 210 days of the Roadway Project Completion Date
as amended, then Augusta may terminate this Agreement. Prior to any such termination, Augusta
must give 60 days advance written notice to Developer and Developer must have failed to effect a
cure within said 60-day notice period. Upon termination of this Agreement as provided in this
Section, none of the parties hereto will have any further rights, duties or obligations hereunder.
(b) If Developer ceases work on the TAD Project or the Roadway Project for 120
consecutive days, any interest that accrues on Project Financing beginning after this 120-day
period and continuing for so long as construction is suspended shall not be included in the TAD
Project and shall not constitute an Advance under this Agreement.
Section 4.4 Material Modifications. Prior to Developer making a Material
Modification to the TAD Project, the Roadway Project, or the Village at Riverwatch Project,
Developer will submit the proposed modifications to the City Administrator in writing for review.
Any such submission must clearly identify all changes, omissions and additions as compared to
the previously approved description of the TAD Project, the Roadway Project, or the Village at
Riverwatch Project, as applicable. The City Administrator, as soon as reasonably possible, will
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put the request for modification on a meeting agenda for Augusta¶VFRQVLGHUDWLRQ Augusta will
act on the requested modification within an amount of time that is reasonably required to consider
the request. In addition, to the extent any Material Modification requires an amendment to any
portion of the Redevelopment Plan, Augusta will have such amount of time as reasonably
required to pursue any such amendment (including required approvals, if any).
Section 4.5 Project Modifications. Developer shall provide notice to Augusta
immediately upon the occurrence of a Project Modification. If the Project Modification results in
an increase in the TAD Project Budget, Developer will provide evidence of sufficient Project
Financing to complete the TAD Project and the Roadway Project. If the Project Modification
results in a cessation of work on the TAD Project or the Roadway Project, Developer shall
provide Augusta with an explanation for the delay and the estimated time for resumption of work.
ARTICLE V
DUTIES, RESPONSIBILITIES AND SPECIAL COVENANTS OF DEVELOPER
Section 5.1 Completion of the Project. Except as contemplated in Section 4.1(f) and
subject to any delays for Force Majeure, notwithstanding any other provision of this Agreement,
Developer will commence and complete construction of the TAD Project and the Roadway
Project substantially in accordance with Schedules C-1 and C-2 with diligence and in a good and
workmanlike manner, free and clear of all liens and claims for materials supplied or for labor or
services performed, subject to any lawful protest in accordance with Section 5.6.
Section 5.2 Compliance with Documents. Developer will remain in compliance with
its obligations and covenants in the loan documents pursuant to which amounts were loaned or
otherwise made available to Developer to finance construction of the TAD Project and the
Roadway Project.
Section 5.3 Litigation. Developer will notify Augusta in writing, within fifteen (15)
business days of its having knowledge thereof, of any actual or pending litigation or adversarial
proceeding in which a claim is made against Developer or against the Site, the TAD Project, or
the Roadway Project, in any case which Developer reasonably considers may impair 'HYHORSHU¶V
ability to perform its obligations under this Agreement, and of any judgment rendered against
Developer in any such litigation or proceeding. Developer will notify Augusta in writing and
within fifteen (15) business days of any matter that Developer reasonably considers may result or
does result in a material adverse change in the financial condition or operation of Developer, the
TAD Project, or the Roadway Project.
Section 5.4 Maintenance of the Project. Developer agrees that, to the extent it has an
interest in the TAD Project, it will at its own expense (i) keep the TAD Project, or cause the TAD
Project to be kept in as reasonably safe condition as its operations permit, (ii) make or cause to be
made from time to time all necessary repairs thereto and renewals and replacements thereof and
otherwise keep the TAD Project in good repair and in good operating condition and (iii) not
permit or suffer others to commit a nuisance or waste on or about the TAD Project. Developer, at
its own expense and from time to time, may make any additions, modifications or improvements
to the TAD Project that it may deem desirable for its business purposes and that do not constitute
Material Modifications.
Section 5.5 Records and Accounts. Developer will keep true and accurate records
and books of account in connection with the TAD Project and the Roadway Project in which full,
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true and correct entries will be made on a consistent basis, in accordance with generally accepted
accounting principles.
Section 5.6 Liens and Other Charges. Developer will duly pay and discharge, or
cause to be paid and discharged, before the same become overdue all claims for labor, materials,
or supplies that if unpaid might by law become a lien or charge upon the TAD Project and the
Roadway Project unless Developer is lawfully protesting the same, in which case Developer will SURYLGHDVXLWDEOH³PHFKDQLFVOLHQERQG´WRGLVFKDUJHVXFKOLHQIURPWKH7$D Project and the
Roadway Project.
Section 5.7 Compliance with Laws, Contracts, Licenses, and Permits. Developer
will comply in all material respects with (a) all applicable laws, (b) all agreements and
instruments by which it or any of its properties may be bound, and all restrictions, covenants and
easements affecting the TAD Project and the Roadway Project, (c) all applicable decrees, orders
and judgments, and (d) all licenses and permits required by applicable laws and regulations for
the conduct of its business or the ownership, use or operation of its properties.
Section 5.8 Laborers, Subcontractors and Materialmen. Prior to the TAD Project
Completion Date, Developer will furnish to Augusta, upon written request at any time and from
time to time (but not more often than once every sixty (60) days), affidavits listing all laborers,
subcontractors, materialmen, and any other Persons who might or could claim statutory or
common law liens and are furnishing or have furnished labor or material to the TAD Project and
the Roadway Project or any part thereof, together with affidavits, or other evidence satisfactory to
Augusta, showing that such parties have been paid all amounts then due for labor and materials
furnished to the TAD Project or the Roadway Project. Upon certification of completion of the
TAD Project and the Roadway Project, Developer shall furnish to Augusta final lien waivers
from the General Contractor and all subcontractors and materialmen who provided goods or
services in excess of $5,000.00 to said projects.
Section 5.9 Taxes. To the extent of its interest therein, Developer will pay when due
all taxes imposed upon or assessed against the Site, the Village at Riverwatch Project, and the
TAD Project, or upon the revenues, rents, issues, income and profits of the Village at Riverwatch
Project and the TAD Project, or arising in respect of the occupancy, use or possession thereof,
and will provide to Augusta, within ten days after a written request therefor, validated receipts
showing the payment of such taxes when due. Developer will have the right to appeal an
assessment for ad valorem tax purposes.
Section 5.10 Insurance. To the extent of its interest therein, Developer will keep the
TAD Project, the Roadway Project, and the Village at Riverwatch Project continuously insured
against such risks as are customarily insured against by businesses of like size and type engaged
in the same or similar operations.
Section 5.11 Further Assurances and Corrective Instruments. Augusta and Developer
agree that they will, from time to time, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements and amendments hereto and such
further instruments as may reasonably be required for carrying out the intention or facilitating the
performance of this Agreement; provided that the rights of Augusta and Developer hereunder and
the ability of Developer to construct the TAD Project and the Village at Riverwatch Project are
not impaired thereby.
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Section 5.12 Performance by Developer. Developer will perform all acts to be
performed by it hereunder and will refrain from taking or omitting to take any action that would
materially violate 'HYHORSHU¶V representations and warranties hereunder or render the same
materially inaccurate as of the Effective Date and subsequent Requisition dates or that in any
material way would prevent the consummation of the transactions contemplated hereby in
accordance with the terms and conditions hereof.
Section 5.13 Restrictions on Easements and Covenants. Except for Permitted
Exceptions, Developer will not create or suffer to be created or to exist any easement, right of
way, restriction, covenant, condition, license or other right in favor of any Person which affect or
might affect title to the TAD Project or the Village at Riverwatch Project or the use and
occupancy thereof or any part thereof without obtaining the prior approval of Augusta (such
approval not to be unreasonably withheld), other than easements and rights of ways customary for
utilities which do not materially and adversely affect the use of the TAD Project or the Village at
Riverwatch Project for its intended purposes.
Section 5.14 Access to the Site. Upon a minimum of five (5) days notice from
Augusta, Developer will permit persons designated by Augusta to access the Site and to discuss
the progress and status of the TAD Project, the Roadway Project, and the Village at Riverwatch
Project with representatives of Developer, all in such detail and at such times as Augusta may
reasonably request. All such access must be during normal business hours and in a manner that
will not unreasonably interfere with construction activities of the TAD Project, the Roadway
Project, or the Village at Riverwatch Project or with 'HYHORSHU¶V business operations generally.
Augusta must be accompanied by a representative of Developer during any access contemplated
by this Section.
Section 5.15 Reporting of Retail Sales Information from the Costco Tract and Phase I.
(a) Developer shall include in its agreements with Costco and any agreements for
sale or lease of parcels located in Phase I a requirement that the Sales Reports for the Costco
Tract and any businesses located in Phase I that are subject to payment of sales and use taxes
shall be provided to Augusta simultaneously with submission of the Sales Reports to the State.
In addition, Developer shall use best efforts to include in such agreements a requirement that
evidence of, or certification of, payment of sales and use taxes be provided to Augusta promptly
after payment.
(b) To the extent permitted by law, Augusta agrees that upon receipt of any request
under the Open Records Act or other request from third parties to provide copies of the Sales
Reports or the information contained therein, Augusta will use best efforts to provide prompt
notice to the person filing the Sales Reports.
(c) Developer understands and acknowledges that Augusta will use the Sales Reports
to determine the amount of LOST Revenues to be deposited into the Reimbursement Fund as
provided in Section 6.4. Augusta will have no obligation to deposit LOST Revenues if Sales
Reports are not provided on or prior to the date Augusta receives the sales tax distribution
payment from the Georgia Department of Revenue for the reporting month.
(d) The failure of Developer to include the contractual provision described in
paragraph (a) of this subsection in an agreement with Costco or with a Phase I purchaser or lessee
or the lack of receipt of Sales Reports by Augusta shall not constitute a Default.
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Section 5.16 Dedication of Roadway Project. Upon certification of completion of the
Roadway Project or the TAD Project, whichever later occurs, in consideration of the benefits
accruing to Developer under this Agreement, Developer shall cause the Roadway Project to be
dedicated to Augusta in accordance with the procedures and requirements of Augusta for
dedication of public infrastructure.
Section 5.17 Delivery of Documents. Prior to the Effective Date, Developer shall
deliver to Augusta the following:
(a) Most recent plat of the Site;
(b) Environmental Report;
(c) Title Policy;
(d) Corporate Resolutions authorizing Developer to enter into this Agreement (see
Section 3.1(b));
(e) Certification of the good standing of Developer from the Georgia Secretary of
State; and
(f) 'HYHORSHU¶VPRVWUHFHQWILQDQFLDOVWDWHPHQWV
Prior to commencement of construction of the TAD Project or the Roadway Project, Developer
shall deliver to Augusta documents evidencing that Developer has obtained Project Financing.
Section 5.18 Developer Interest Rate.
(a) Beginning three (3) months after the Effective Date, Developer shall provide, in a
form reasonably satisfactory to Augusta, quarterly reports showing the actual interest rate or rates
paid on Project Financing (including the rate of return on any equity investment made as Project
Financing) for the previous calendar quarter WKH³TXDUWHUO\LQWHUHVWDPRXQW´ . This reporting
obligation shall continue until Developer no longer has Project Financing outstanding or this
Agreement terminates, whichever first occurs.
(b) For so long as Developer has Project Financing outstanding, any interest
payments to be made or reimbursed by Augusta pursuant to this Agreement will be paid at the
lesser of (i) 7% per annum or (ii) the quarterly interest amount; provided, however, in the event
the quarterly interest amount exceeds 7%, interest shall accrue at such greater amount so long as
the blended interest rate over thHWHUPRIWKLV$JUHHPHQWGRHVQRWH[FHHG LHDQ\³VDYLQJV´
realized by a quarterly interest amount less than 7% can subsequently be recaptured by Developer
if the quarterly interest amount thereafter exceeds 7% so long as the total interest payment does
not exceed a blended interest rate of 7% per annum). Notwithstanding any other provision of this
Agreement, over the term of this Agreement Augusta will not reimburse Developer in excess of
the total amount of interest paid on Project Financing.
(c) If Developer no longer has Project Financing outstanding but Augusta has not
completed payment of its obligations under Section 6.2 of this Agreement, any remaining
obligations will accrue interest over the remaining balance of the term of this Agreement at the
lesser of 7% per annum or the average of the quarterly interest amount paid by Developer during
the last calendar year of Project Financing.
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Section 5.19 Scope of Developer Commitments. All representations, warranties
and obligations of Developer hereunder shall be personal to Developer, and in no event
shall Developer be deemed to be in default of any representation, warranty, or other
obligation under this Agreement as a result solely of the noncompliance by any other
property owner or occupant of a portion of the Village at Riverwatch Project with the
terms of this Agreement, including but not limited to Costco; provided, however, if this
Agreement is assigned pursuant to Section 9.5, any successor in interest to Developer
shall be bound by all of the obligations of Developer set forth herein.
ARTICLE VI
ADVANCES; DISBURSEMENT; REIMBURSEMENT FUND; FINANCING
ALTERNATIVES
Section 6.1 Advances.
(a) Developer, in its sole discretion as to timing and amount, may make or cause to
be made Advances in connection with the TAD Project and the Roadway Project.
(b) Developer may submit Requisitions to Augusta for its review and approval for
reimbursement for any such Advances as described in Section 6.2.
Section 6.2 Disbursements. Subject to compliance by Developer with all of the
terms and conditions of this Agreement, the funds deposited into the Reimbursement Fund and
certain other funds appropriated by Augusta will be available for disbursement to Developer for
reimbursement of Advances in connection with the TAD Project and the Roadway Project at such
times and in VXFK DPRXQWV DV GHWHUPLQHG HDFK D ³'LVEXUVHPHQW´ LQ DFFRUGDQFHZLWK WKH
following procedures:
(a) Upon completion of the TAD Project and delivery of the certification required by
Section 4.1(e), Developer will submit a Requisition to Augusta. The Requisition will include
(i) the TAD Project Budget and the itemized schedule of values prepared by the General
Contractor or Developer of the total Reimbursement Costs for which amounts on deposit in the
Special Fund are requested WKH³6FKHGXOHRI9DOXHV´ LL all costs incurred for construction and
non-construction expenses for the Reimbursement Costs to the date of the Requisition, which
Reimbursement Costs have been itemized under the applicable line items of the TAD Project
Budget and the Schedule of Values, and (iii) the percentage of completion of each line item on
the TAD Project Budget and the Schedule of Values. The accuracy of the cost breakdown and
percentage completion in the Requisition must be certified by Developer, and hard construction
costs must be certified by the General Contractor. The amount of the Requisition shall not
exceed $10,000,000.00.
(b) The Requisition must be accompanied by evidence in form and content
reasonably satisfactory to Augusta (including, but not limited to, certificates and affidavits of
Developer) showing:
(i) Copies of all bills or statements or canceled checks for any indirect or
non-construction expense for which the Disbursement is requested (other than land
valuation as set forth on Schedule D and construction interest);
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(ii) If the Requisition includes amounts to be paid to any contractor, a
FRQWUDFWRU¶VDSSOLFDWLRQIRUSD\PHQWVKRZLQJWKHDPRXQWSDLGE\Developer with respect
to each such line item and copies of all bills or statements or canceled checks for
expenses incurred by Developer for which the Disbursement is requested and a copy of a
VDWLVIDFWRU\³,QWHULP:DLYHUDQG5HOHDVHXSRQ3D\PHQW´SXUVXDQWWR2&*$-14-
366 from the General Contractor which received payment from the proceeds of the
immediately preceding Requisition;
(iii) That all construction has been conducted substantially in accordance
with the Plans (and all changes thereto approved by Augusta or otherwise permitted
pursuant to the terms hereof); and
(iv) That there are no liens outstanding against the TAD Project or the
Roadway Project except for (A) those set forth in the Title Policy, (B) inchoate liens for
property taxes not yet due and payable, (C) liens being contested in accordance with the
terms and conditions set forth in applicable law, and (D) loans for the construction of the
TAD Project and the Roadway Project.
(c) The construction for which Reimbursement Costs are included in any Requisition
must be reviewed and approved by Augusta or its appointed consultant to verify the approval of
the construction, the cost of completed construction, and compliance with the Plans.
(d) So long as there is any unreimbursed balance with respect to the Requisition, on
the first business day of each calendar quarter Augusta will direct that available funds in the
Reimbursement Fund be promptly disbursed in order to satisfy these outstanding amounts. Once
approved by Augusta, the unpaid portions of any Requisition will accrue interest at the Developer
Interest Rate (compounded monthly on a cumulative basis) from the date such Requisition is
approved by Augusta until such Requisition amount is fully reimbursed. Such accrued interest
will be paid from the Reimbursement Fund as Tax Allocation Increment and LOST Revenues in
the Special Fund are available from time to time. Payments will be applied first to accrued
interest and then to principal amounts due under the Requisition
(e) Notwithstanding anything to the contrary herein, in no event will Tax Allocation
Increment or LOST Revenues applicable to periods beyond 25 years after opening of the Costco
retail store on the Costco Tract be used to satisfy outstanding balances due Developer, if any.
Obligations due Developer under this Agreement will terminate upon the earlier to occur of (i)
the satisfaction of all amounts due Developer including the aggregate of all Requisitions in a
principal amount not to exceed $10,000,000.00 plus accrued unpaid interest or (ii) 25 years after
opening of the Costco retail store on the Costco Tract.
(f) Disbursements for the Roadway Project will be made in accordance with the
following procedures:
(i) Upon dedication of the Roadway Project in accordance with Section
5.16, Developer shall deliver the Roadway Warranty to Augusta.
(ii) Within ten (10) days after acceptance of dedication of the Roadway
Project and receipt of the Roadway Warranty, Augusta shall pay $1,000,000.00 to
Developer from appropriated funds as compensation for the Roadway Project.
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(iii) If the total cost of the TAD Project is less than $10,000,000.00 and the
cost of constructing the Roadway Project exceeds $1,000.000.00, such excess costs may
be included in a Requisition in accordance with the procedures and limitations set forth in
subsection (a) above (but in no event shall the Requisition exceed $10,000,000.00).
(g) Notwithstanding anything to the contrary herein, if the TAD Project is not
completed by the TAD Project Completion Date, Augusta shall have no obligation to reimburse
Developer for interest payments on Project Financing made after the TAD Project Completion
Date.
Section 6.3 Limited Liability.
(a) Except as provided in Section 6.2(f), the payment of all obligations required by
be paid by Augusta under this Agreement shall be special or limited obligations of Augusta
payable only from the Reimbursement Fund. Augusta will have no liability to honor any
Requisition except from amounts on deposit in the Reimbursement Fund.
(b) To the extent permitted by State law, no director, officer, employee or agent of
Augusta will be personally responsible for any liability arising under or growing out of the
Agreement.
(c) Augusta will not be obligated to disburse any funds to any person under this
Agreement other than as directed by Developer or as otherwise permitted under this Agreement.
Section 6.4 Reimbursement Fund. The following amounts will be deposited into the
Reimbursement Fund by Augusta:
(a) 100% of the Tax Allocation Increment from the Costco Tract and Phase I;
(b) 65% of the LOST Revenues from the Costco Tract (as determined in accordance
with Section 5.15) during the period of time Costco (or a comparable store operating under a
different trade name EXWFRQVLVWHQWZLWKDPDMRULW\RI&RVWFR¶VVWRUHVLQ*HRUJLD is operating a
membership club at the Costco Tract; provided, however, in the event Costco discontinues its
operations and a replacement operator commences business operations from the Costco Tract,
Augusta agrees to consider LQFOXVLRQRIDSRUWLRQRIVDLGUHSODFHPHQWRSHUDWRU¶V/2ST Revenue
in the Special Fund; and
(c) 75% of the LOST Revenues from Phase I (as determined in accordance with
Section 5.15).
Section 6.5 Alternative Financing. Nothing in this Agreement will limit the right
of Augusta to consider alternative methods of financing or refinancing Reimbursement Costs of
the TAD Project, including, without limitation, the issuance of TAD Bonds, so long as such
financing does not have a detrimental effect on the TAD Project or the Village at Riverwatch
Project. In lieu of reimbursement from the Reimbursement Fund pursuant to Requisitions as
contemplated herein, Augusta, in its sole discretion, may choose to issue TAD Bonds to finance
all or a portion of the TAD Project contemplated herein. If Augusta chooses to issue TAD
Bonds, Developer will cooperate and assist Augusta in this regard and comply with any
conditions precedent established by Augusta, including, without limitation, any additional
customary covenants and representations associated with issuance of TAD Bonds. If TAD Bonds
are issued and proceeds thereof are paid to Developer in an amount sufficient to pay the unpaid
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Reimbursement Costs of the TAD Project plus any accrued and unpaid interest as contemplated
by this Agreement and the proceeds of any such TAD Bonds paid to Developer together with the
principal sum paid by the Reimbursements contemplated herein are not less than the amounts
contemplated in Section 6.2(e) of this Agreement (i.e., $10,000,000.00 plus accrued interest), this
Agreement will terminate.
ARTICLE VII
INDEMNIFICATION
Section 7.1 Indemnification. Developer will defend, indemnify, and hold Augusta
and its agents, employees, officers, and legal representatives (collectively, the ³,QGHPQLILHG
3HUVRQV´ KDUPOHVVIRUDOOFODLPVFDXVHVRIDFWLRQOLDELOLWLHVILQHVDQGH[SHQVHV LQFOXGLQJZLWKRXWOLPLWDWLRQUHDVRQDEOHDWWRUQH\V¶IHHVFRXUWFRVWVDQGDOORWKHUGHIHQVHFRVWVDQGLQWHUHVW
FROOHFWLYHO\WKH³/RVVHV´ IRULQMXU\Geath, damage, or loss to persons or property sustained in
connection with or incidental to the construction of the TAD Project and the Roadway Project.
Notwithstanding anything to the contrary in this Article, (1) 'HYHORSHU¶V indemnification
obligation under this Article is limited to the greater of $3,000,000.00 or the policy limits
available under the insurance policies required under Section 5.10; (2) Developer will not be REOLJDWHGWRLQGHPQLI\DQ\,QGHPQLILHG3HUVRQIRUWKH,QGHPQLILHG3HUVRQ¶VRZQQHgligence,
recklessness or intentional act or omission; and (3) Developer will not be obligated to indemnify
any Indemnified Persons to the extent that any claims that might otherwise be subject to
indemnification hereunder resulted, in whole or in part, from the gross negligence, recklessness or
intentional act or omission of any other Indemnified Person or Persons.
Section 7.2 Notice of Claim. If an Indemnified Person receives notice of any claim
or circumstance which could give rise to indemnified Losses, the receiving party must give
written notice to Developer within ten (10) business days. The notice must include a description
of the indemnification event in reasonable detail, the basis on which indemnification may be due,
and the anticipated amount of the indemnified Losses. Such notice will not stop or prevent an
Indemnified Person from later asserting a different basis for indemnification or a different amount
of indemnified Losses than that indicated in the initial notice. If an Indemnified Person does not
provide this notice within the ten business-day period, it does not waive any right to
indemnification except to the extent that Developer is prejudiced, suffers loss, or incurs expense
because of the delay.
Section 7.3 Defense. Developer may assume and control the defense of the claim
based on the indemnified Losses at its own expense with counsel chosen by Developer with the
concurrence of the Indemnified Person. Developer will also control any negotiations to settle the
claim. Within ten (10) business days after receiving written notice of the indemnification request,
Developer will advise the Indemnified Person as to whether or not it will defend the claim. If
Developer does not assume the defense, the Indemnified Person will assume and control the
defense and all defense expenses actually incurred by it will constitute Losses.
Section 7.4 Separate Counsel. If Developer elects to defend a claim, the
Indemnified Person may retain separate counsel, at the sole cost and expense of such Indemnified
Person, to participate in (but not control or impair) the defense and to participate in (but not
control or impair) any settlement negotiations. Developer may settle the claim without the
consent or agreement of the Indemnified Person, unless the settlement (i) would result in
injunctive relief or other equitable remedies or otherwise require the Indemnified Person to
comply with restrictions or limitations that adversely affect the Indemnified Person, (ii) would
require the Indemnified Person to pay amounts that Developer does not fund in full, or (iii) would
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QRWUHVXOWLQWKH,QGHPQLILHG3HUVRQ¶VIXOODQGFRPSOHWHUHOHDVHIURPDOOOLDELOLW\WRWKHSODLQWLIIV
or claimants who are parties to or otherwise bound by the settlement.
Section 7.5 Survival. The provisions of Article VII will remain in effect until the
expiration of four (4) years after certification of completion of the TAD Project and the Roadway
Project, whichever last occurs.
ARTICLE VIII
DEFAULT
Section 8.1 Default by Developer.
(a) Until delivery of the certificates of completion for the TAD Project and the
Roadway Project contemplated in Section 4.1 and acceptance of the Roadway Project by Augusta
in accordance with Section 5.16, the following will constitute a Default by Developer:
(i) Failure of Developer to materially and timely comply with and perform
any of its covenants, conditions or obligations set forth in this Agreement;
(ii) 7KHGHFODUDWLRQRIDQ³HYHQWRIGHIDXOW´E\DQ\OHQGHUXQGHUDQ\ORDQ
agreement with respect to Project Financing or a breach of Section 5.2;
(iii) An Act of Bankruptcy of Developer.
(b) Until two (2) years after delivery of the certificates of completion for the TAD
Project and the Roadway Project contemplated in Section 4.1 and acceptance of the Roadway
Project by Augusta in accordance with Section 5.16, the following will constitute a Default by
Developer:
(i) Any material representation or warranty made by Developer in this
Agreement or subsequently made by it in any written statement or document furnished to
Augusta and related to the transactions contemplated by this Agreement is false,
incomplete, inaccurate or misleading in any material respect as of the date such
representation or warranty is made;
(ii) Any material report, certificate or other document or instrument
furnished to Augusta by Developer in relation to the transactions contemplated by this
Agreement is false, inaccurate or misleading in any material respect; or if any report,
certificate or other document furnished to Augusta on behalf of Developer, to the extent
that Developer knows such document is false, inaccurate or misleading and fails to
promptly report such discrepancy to Augusta.
Section 8.2 Remedies. If a default by Developer occurs and is continuing 30 days
after receipt of written notice to Developer from Augusta specifying the existence of such default
(or within a reasonable time thereafter if such default cannot reasonably be cured within such
30-day period and Developer begins to diligently pursue the cure of such default within such
30-GD\SHULRG WKHGHIDXOWZLOOEHFRPHDQ³(YHQWRI'HIDXOW´DQGAugusta will be entitled to
elect any or all of the following remedies: (i) subject to the final sentence in this Section,
terminate this Agreement and discontinue further funding hereunder, (ii) seek any remedy at law
or in equity that may be available as a consequence of 'HYHORSHU¶V default; (iii) pursue specific
performance of this Agreement or injunctive relief; or (iv) waive such Event of Default. Upon
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termination of this Agreement as provided in this Section, none of the parties hereto will have any
further rights, duties or obligations hereunder except that all amounts due to Developer for
unreimbursed Advances and interest accrued thereon will continue to be payable to Developer
under the terms of this Agreement.
Section 8.3 Remedies Cumulative. Except as otherwise specifically provided, all
remedies of the parties provided for herein are cumulative and will be in addition to any and all
other rights and remedies provided for or available hereunder, at law or in equity.
Section 8.4 $JUHHPHQWWR3D\$WWRUQH\V¶)HHVDQG([SHQVHV. In the event of an
Event of Default by Developer, if Augusta employs attorneys or incurs other expenses for the
collection of amounts due hereunder or for the enforcement of the performance or observance of
any covenants or agreements on the part of Developer contained herein, Developer agrees that it
will on demand therefor pay to Augusta, as applicable, the reasonable fees of such attorneys and
such other reasonable expenses so incurred by Augusta, the amount of such fees of attorneys to
be without regard to any statutory presumption.
Section 8.5 Default by Augusta. The following will constitute a default by Augusta:
Any material breach by it of any representation made in this Agreement or any material failure by
it to observe and perform any covenant, condition or agreement on its part to be observed or
performed hereunder, for a period of 30 days after written notice specifying such breach or failure
and requesting that it be remedied, given to it by Developer; provided that in the event such
breach or failure can be corrected but cannot be corrected within said 30-day period, the same
will not constitute a default hereunder if corrective action is instituted by the defaulting party or
on behalf of the defaulting party within said 30-day period and is being diligently pursued.
Section 8.6 Remedies Against Augusta. Upon the occurrence and continuance of a
default by Augusta hereunder, Developer may seek specific performance of this Agreement or
pursue any other remedies available at law or in equity.
ARTICLE IX
MISCELLANEOUS
Section 9.1 Term of Agreement. This Agreement will commence on the Effective
Date and will expire on the earlier to occur of the date on which all Reimbursement Costs for the
TAD Project have been fully reimbursed (together with accrued interest) to Developer from the
Reimbursement Fund or 25 years after opening of the Costco retail store on the Costco Tract.
Section 9.2 Notices. Any notice sent under this Agreement (except as otherwise
expressly required) must be written and mailed or sent by overnight courier or personally
delivered to an officer of the receiving party at the following addresses:
If to Developer:
The M. G. Herring Group
5710 LBJ Freeway
Suite 450
Dallas, TX 75240
With a copy to:
Michael Robbe, Esq.
Attachment number 1
Page 24 of 54
Item # 13
TABLE OF CONTENTS
Page
21 ATLANTA:5296237.1
1111 Metropolitan Avenue
Suite 700
Charlotte, NC 28204
If to Augusta:
City Administrator
530 Greene Street
Suite 801
Augusta, GA 30911
With a copy to:
General Counsel
Jim Plunkett, Esq.
429 Walker Street
Upper Level
Augusta, GA 30901-5819
and a copy to:
MCKENNA LONG & ALDRIDGE LLP
303 Peachtree Street, Suite 5300
Atlanta, GA 30308
Attention: Sharon A. Gay, Esq.
sgay@mckennalong.com
Each party may change its address by written notice in accordance with this Section. Any communication
addressed and mailed in accordance with this Section will be deemed to be given when so mailed, and
any communication so delivered in person will be deemed to be given when receipted for by, or actually
received by the party identified above.
Section 9.3 Amendments and Waivers. Any provision of this Agreement may be
amended or waived if such amendment or waiver is in writing and is signed by the parties hereto.
No course of dealing on the part of any party to this Agreement, nor any failure or delay by any
party to this Agreement with respect to exercising any right, power or privilege hereunder will
operate as a waiver thereof.
Section 9.4 Invalidity. In the event that any provision of this Agreement is held
unenforceable in any respect, such unenforceability will not affect any other provision of this
Agreement.
Section 9.5 Successors and Assigns. Developer may not assign this Agreement or
any of its rights hereunder or any interest herein without the prior written consent of Augusta,
which consent may not be unreasonably withheld, conditioned or delayed; provided that
Developer may, without the prior consent of Augusta, assign this Agreement and all or any
portion of its rights hereunder and interests herein (i) to any Affiliate of it or to any entity which
controls, is controlled by or under common control with it; (ii) to any purchaser of more than 60%
of the total acreage of the Village at Riverwatch Project; or (iii) to any lender providing financing
for all or any part of the Village at Riverwatch Project. Developer will provide written notice to
Attachment number 1
Page 25 of 54
Item # 13
TABLE OF CONTENTS
Page
22 ATLANTA:5296237.1
Augusta of any such assignment. Upon any such assignment of the obligations of Developer
hereunder, Developer will be deemed released from such obligations. Notwithstanding the
above, Developer may collaterally assign this Agreement and its rights hereunder and interest
herein, without the consent of Augusta, to a lender to secure any acquisition, development or
construction loan for the TAD Project, the Roadway Project, or the Village at Riverwatch Project.
Section 9.6 Schedules; Titles of Articles and Sections. The Schedules attached to this
Agreement are incorporated herein and will be considered a part of this Agreement for the
purposes stated herein, except that in the event of any conflict between any of the provisions of
such Schedules and the provisions of this Agreement, the provisions of this Agreement will
prevail. All titles or headings are only for the convenience of the parties and may not be
construed to have any effect or meaning as to the agreement between the parties hereto. Any
reference herein to a Section or subsection will be considered a reference to such Section or
subsection of this Agreement unless otherwise stated. Any reference herein to a Schedule will be
considered a reference to the applicable Schedule attached hereto unless otherwise stated.
Section 9.7 Applicable Law. This Agreement is a contract made under and will be
construed in accordance with and governed by the laws of the United States of America and the
State of Georgia. Venue shall be in Augusta.
Section 9.8 Entire Agreement. This written agreement represents the final agreement
between the parties and may not be contradicted by evidence of prior, contemporaneous, or
subsequent oral agreements of the parties. There are no unwritten oral agreements between the
parties.
Section 9.9 Approval by the Parties. Whenever this Agreement requires or permits
approval or consent to be hereafter given by any of the parties, the parties agree that such
approval or consent may not be unreasonably withheld, conditioned or delayed, and will be
deemed given if no written objection is delivered to the requesting party within ten (10) business
days after delivery of the request to the approving party.
Section 9.10 Additional Actions. The parties agree to take such actions, including the
execution and delivery of such documents, instruments, petitions and certifications as may be
necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this
Agreement and to aid and assist each other in carrying out said terms, provisions and intent.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed as
of the ____ day of ___________________, 2011.
(Signatures on following pages)
Attachment number 1
Page 26 of 54
Item # 13
TABLE OF CONTENTS
Page
23 ATLANTA:5296237.1
AUGUSTA-RICHMOND COUNTY, GEORGIA
By: __________________________________
Its: __________________________________
Attest: __________________________________
_________________________________________
Clerk
Attachment number 1
Page 27 of 54
Item # 13
TABLE OF CONTENTS
Page
24 ATLANTA:5296237.1
AUGUSTA VILLAGE AT RIVERWATCH, LLC
By: __________________________________________
Its: __________________________________________
Attest: __________________________________________
________________________________________________
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CommissionMeetingAgenda
4/19/20115:00PM
BenningtonDrivePipeReplacement
Department:PublicServices-MaintenanceDivision
Caption:Motionto awardbidtoRobertM.AndersonInc.(LowBidder)in
theamountof$18,487fortheremovalof160'x36"failed
corrugatedmetalpipe(CMP)onBenningtonDrive.T hefailed
CMPwillbereplacedwithHDPE.(ApprovedbyEngineering
ServicesCommitteeApril11,2011)
Background:ThefailedCMPhassufferedanenormouscave-incau sing
potentialdamagestoprivateproperty.
Analysis:Withoutpromptattention,thefailed36"pipewill continueto
deterioratecausingpossibledamagestoprivatepro pertyand
creatingahazardforresidentsinthatarea.
FinancialImpact:FundsareavailableinSPLOSTIV,GradingandDrain age
Alternatives:1.RequesttoawardbidtoRobertM.AndersonInc.,(Low
Bidder)intheamountof$18,487fortheremovalof 160'x36"
failedcorrugatedmetalpipe(CMP)onBenningtonDr ive.The
failedCMPwillbereplacedwithHDPE.
Recommendation:#1.RequesttoawardbidtoRobertM.AndersonInc.,(Low
Bidder)intheamountof$18,487fortheremovalof 160'x36"
failedcorrugatedmetalpipe(CMP)onBenningtonDr ive.The
failedCMPwillbereplacedwithHDPE.
FundsareAvailable
intheFollowing
Accounts:
FundsareavailableinAccount#324-04-1110/2018240 21
REVIEWEDANDAPPROVEDBY :
Finance.Cover Memo
Item # 14
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 14
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m. Thursday, February 24, 2011 for furnishing:
Bid Item #11-094 Bennington Drive Pipe Replacement for Public Service – Maintenance Division
Bid Item #11-096 National Avenue @New Savannah Road Pipe Replacement for Public Service –
Maintenance Division
Bid Item #11-097 Wakefield Place Pipe Replacement for Public Service – Maintenance Division
Bid Item #11-099 Morgan Road Pipe Replacement for Public Service – Maintenance Division
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be viewed on the Augusta Richmond County web site under the Procurement Department
ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene
Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the
offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Friday,
February 4, 2011 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions
must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to
the office of the Procurement Department by Tuesday, February 8, 2011 @ 5:00 P.M. No bid will be
accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% bid
bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a
100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of
copies needed, the timing of the submission, the required financial data, and any other requirements designated by
the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE
or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-
Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business Opportunity
Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta
enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with
State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle January 13, 20, 27, February 3, 2011
Metro Courier January 19, 2011
cc: Tameka Allen Interim Deputy Administrator
Mike Greene Public Service
Dennis Stroud Public Service – Maintenance Division
Attachment number 1
Page 1 of 1
Item # 14
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Attachment number 2
Page 2 of 2
Item # 14
Attachment number 3
Page 1 of 2
Item # 14
Attachment number 3
Page 2 of 2
Item # 14
Attachment number 4
Page 1 of 3
Item # 14
Attachment number 4
Page 2 of 3
Item # 14
Attachment number 4
Page 3 of 3
Item # 14
Attachment number 5
Page 1 of 1
Item # 14
CommissionMeetingAgenda
4/19/20115:00PM
ChamberBuildingReroof
Department:PublicServicesDepartment-FacilitiesManagement Division
Caption:Motionto approve awardofacontractforreplacementofthe
existingroofontheFormerChamberofCommerceBui ldingto
Young’sRoofingofMartinez,GAandacceptdeductiv ealternate
#2foracontractamountof $81,280.(ApprovedbyEngineering
ServicesCommitteeApril11,2011)
Background:AugustaownstheformerChamberofCommerceBuildin glocated
at600BroadStreet.Theexistingroofisapproxima tely15years
oldandisleaking.Inordertopreservethisasset ,itisnecessaryto
replacetheexistingroof.
Analysis:BidItem11-091wasissuedtosolicitpricingtore roofthe
building.Thelowestqualifiedbidwassubmittedby Young’s
RoofingofMartinez,GA.
FinancialImpact:Thecostofthecontract,$81,280,istobefunded fromSPLOST
forAdministrativeOffices.
Alternatives:Approveawardofacontractforreplacementofthe existingroof
ontheFormerChamberofCommerceBuildingto,Youn g’s
RoofingofMartinez,GAandacceptdeductivealtern ate#2fora
contractamountof$81,280.2.Donotapprovethea ward.
Recommendation:Approveawardofacontractforreplacementofthe existingroof
ontheFormerChamberofCommerceBuildingto,Youn g’s
RoofingofMartinez,GAandacceptdeductivealtern ate#2fora
contractamountof$81,280.
FundsareAvailable
intheFollowing
Accounts:
SPLOST:GL323-06-1110,JL299-05-0100
REVIEWEDANDAPPROVEDBY :Cover Memo
Item # 15
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 15
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m. Wednesday, February 16, 2011 for
furnishing:
Bid Item #11-091 Roof Replacement – 600 Broad Street (Former Chamber of Commerce
Building) for Public Service – Facilities Maintenance Division
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be viewed on the Augusta Richmond County web site under the Procurement Department
ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business
hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be
held on Friday, January 28, 2011 @ 11:00 a.m. in the Procurement Department, 530 Greene Street,
Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday,
February 1, 2011 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand
delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder
and receive bid preference on an eligible local project, the certification statement as a local bidder and
all supporting documents must be submitted to the Procurement Department with your bonafide bid
package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond
and a 100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the
number of copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of the bid which
are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the
envelope.
Bidders are cautioned that sequestration of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a
DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order
enjoining the Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small
Business Opportunity Program. However, for various projects utilizing the expenditure of State or
Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State
Agencies in accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle January 6, 13, 20, 27, 2011
Metro Courier January 19, 2011
cc: Tameka Allen Interim Deputy Administrator
Mike Greene Public Service
Rick Acree Public Service – Facilities Maintenance
Attachment number 1
Page 1 of 1
Item # 15
Ve
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Attachment number 2
Page 2 of 2
Item # 15
Attachment number 3
Page 1 of 2
Item # 15
Attachment number 3
Page 2 of 2
Item # 15
Attachment number 4
Page 1 of 4
Item # 15
Attachment number 4
Page 2 of 4
Item # 15
Attachment number 4
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Item # 15
Attachment number 4
Page 4 of 4
Item # 15
Attachment number 5
Page 1 of 1
Item # 15
CommissionMeetingAgenda
4/19/20115:00PM
Design/BuildParkingfortheJudicialCenter
Department:PublicServicesDepartment-FacilitiesManagement Division
Caption:Motionto approvetheCapitalImprovementsProgramManager’s
recommendationtoissueChangeOrdertoPottsConst ructionto
proceedwithDesign/Buildofadditionalparkingfor theJudicial
CenterontheCountyownedpropertyatthecornero fWalker
StreetandJamesBrownBlvd.(ApprovedbyEngineering
ServicesCommitteeApril11,2011)
Background:InordertoprovideadequateparkingfortheJudici alCenter,the
AugustaLibraryandtomeetourobligationstothe Federal
BankruptcyCourt,apavedparkinglothasbeenplan nedforthe
propertyAugustaownsatthecornerofWalkerStree tandJames
BrownBoulevard.TheJudicialCenterisnearingCom pletionand
weneedtomoveforwardwiththisproject.Toexp edite
constructionofthelot,PottsConstructionwasask edtoprovide
pricingforaDesign/Buildparkinglotontheprope rtylocatedat
thecornerofWalkerStreetandJamesBrownBlvd.Th eyhave
comebackwithanestimatedcostof$579,536.
Analysis:IssuingaChangeOrdertoPottsConstructionisthe quickestway
togetadditionalparkinginstalledtoaccommodate theprojected
needforparkingwhentheJudicialCenteropens.
FinancialImpact:Thepriceof$579,536canbecoveredoutoftherem ainingfunds
fromtheJudicialCenter
Alternatives:1.ApprovetheCapitalImprovementsProgramManager ’s
recommendationtoissueChangeOrdertoPottsConst ructionto
proceedwithDesign/Buildofadditionalparkingfor theJudicial
CenterontheCountyownedpropertyatthecornero fWalker
StreetandJamesBrownBlvd.2.DonotissueaChan geOrderto
PottsConstructionandprocuredesignandconstruct ionservices
throughthebidprocess.Thiswilldelaytheinstal lationofthe
parkinglot.
Recommendation:ApprovetheCapitalImprovementsProgramManager’s Cover Memo
Item # 16
recommendationtoissueChangeOrdertoPottsConst ructionto
proceedwithDesign/Buildofadditionalparkingfor theJudicial
CenterontheCountyownedpropertyatthecornero fWalker
StreetandJamesBrownBlvd.
FundsareAvailable
intheFollowing
Accounts:
FUNDSAREAVAILABLEINACCOUNT:GL325-05-1120,JL
209251104
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 16
CommissionMeetingAgenda
4/19/20115:00PM
ExtendedfundingfortheSoutheasternNaturalScien cesAcademySavannahRiveratRiskStudy.
Department:Utilities
Caption:Motionto approvefundingforanextensionoftheSoutheastern
NaturalSciencesAcademy(SNSA)SavannahRiveratR iskstudy.
(ApprovedbyEngineeringServicesCommitteeApril1 1,
2011)
Background:TheSoutheasternNaturalSciencesAcademy(SNSA)be gana
studyofthemiddleSavannahRiverinJanuary2006.Thisstudy,
knownasSavannahRiveratRisk,wasfundedbymult ipleentities
includingAugusta.Thestudyidentifiedadditional issuesthat
needtobeinvestigatedinordertofullyunderstan dthecomplex
natureoftheSavannahRiversystemfromThurmondD amtothe
SavannahHarbor.Augustapreviouslycontributed$3 00,000to
theoriginalstudy.In2008Augustacommittedanad ditional
$300,000inordertoextendthestudydatacollecti onandexpand
thescope.TheSNSAhaspresentedtheattachedprop osalfor
furthercontinuationofthestudyanddatacollecti oneffort.We
wouldliketoofferadditionalfundingtoSNSAfor thisworkin
theamountof$75,000peryearforthreeyearsfor atotal
additionalparticipationof$225,000.
Analysis:Theinformationobtainedfromthisongoingstudyha sbeenvery
helpfultoAugustaaswehaveworkedwithregulator sin
developinganewdissolvedoxygenstandardforthe Savannah
Harborandasweworkwithregulatorsandotherdis chargesto
developaplantomeetthenewdissolvedoxygensta ndard.Itis
imperativethatdecisionsregardingtheuseofthe riverfor
wasteloadassimilationbebasedonthemostaccurat eand
scientificallyvaliddatatoinsurethatwasteloada llocation
reductionsaretrulynecessaryforthehealthofth eriversystem.
Thisdatahasbeenextremelyvaluableduringthede velopmentof
therevisedTotalMaximumDailyLoaddetermination forthe
harborandwillcontinuetobevaluableduringdisc ussionswith
regulatorsaboutfutureindividualpermitrequireme nts.These
futurepermitrequirementshaveapotentialforsig nificantimpact
onbothourcapitalimprovementandoperationsbudg ets.
Cover Memo
Item # 17
FinancialImpact:$75,000fromthe2011,2012and2013budgetsfora total
additionalparticipationof$225,000
Alternatives:1)Relyonthelimiteddatacurrentlyavailableto inform
regulatorydecisionmakers(notrecommended).2)Co ntinue
Augusta'sparticipationintheSNSAstudythrougha commitment
of$75,000peryearforthreeyears.
Recommendation:ContinueAugusta'sparticipationintheSNSAstudy througha
commitmentof$75,000fromthe2011,2012and2013 budgets
foratotaladditionalparticipationof$225,000
FundsareAvailable
intheFollowing
Accounts:
507043490-5212115/80500010-5212115
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 17
Attachment number 1
Page 1 of 4
Item # 17
Throughout the Savannah Harbor TMDL process, it was clear that Southeastern Natural Sciences
Academy research, supported in part by the CSRA TMDL group, played a pivotal role in provid-
ing crucial information to regulatory agencies and basin stakeholders. That data was used to
calibrate and validate the river model. Without that data, gaps in information could have proven
more costly than have been realized thus far. In addition, the CSRA group would not have had an
opportunity to critically address the regulatory modeling approach and the data upon which that
model was developed.
Further studies supported by the CSRA TMDL group, specifically related to Long Term Bio-
chemical Oxygen Demand (LTBOD) dynamics within discharges and within the main-stem river,
will be used to broaden discussions concerning modeling efforts and assumptions inherent to the
model. Preliminary data from the LTBOD study indicate that further discussions are needed re-
garding the method in which LTBOD information is analyzed and incorporated into the model.
Additionally, the absolute impact of CSRA dischargers relative to non-point source contributions
between Augusta and the harbor should be evaluated further.
It is clear that having a long term, continuous water quality and water quantity dataset is impera-
tive to making informed decisions about water resource issues. General water quality parameters
such as dissolved oxygen, pH, temperature, specific conductance, and turbidity, as well as river
discharge measurements (in critical areas where USGS gauges do not exist) throughout the Mid-
dle and Lower Savannah River Basins provide important, basic information while providing a
continuous dataset upon which other import research can be conducted. Such a dataset is critical
to providing support for future decisions that will impact the water quality and water quantity
issues within the Savannah River. Some of the most pressing issues may still be ahead of us and
include the following:
•Interbasin Transfers
o The effects of interbasin transfers are not yet known. It is imperative to determine
what the impacts of less water within the Savannah River Basin will be. A com-
prehensive approach to this question is essential to determine the physical, chemi-
cal, and biological parameters of the river.
•Changes in water resource management related to USACE hydropower projects
o The impact of drought on the basin was a recent concern and created disagree-
ment between above and below dam stakeholders. Drought is most likely an issue
that will be long-lived so decisions as to “how much water the river needs” in or-
der to balance economic vitality and a healthy river ecosystem will be fundamen-
tal..
•Future Total Nitrogen and/or Phosphorus NPDES limits
o Throughout the DO TMDL discussions it was clear that future regulation will be-
gin to target specific nutrients which are believed to contribute to DO loss within
the river. Those TMDLs will most likely include Total Nitrogen (as opposed to
just an ammonia limit which is the current target) and Phosphorus. Both TMDLs
Monitoring Proposal: Southeastern Natural Sciences Academy 2010
Attachment number 1
Page 2 of 4
Item # 17
have been implemented in other watersheds throughout the country in an effort to
improve dissolved oxygen conditions.
•Impacts of changes in water quantity and water quality on aquatic organisms within the
river
o Decreases in river discharge produce physical, chemical, and biological altera-
tions which could have impacts on river ecosystem stability. Continuous monitor-
ing throughout the basin provides a data backbone upon which other research can
be conducted in order to assess the degree of the impacts to individual aquatic
species; the underpinning of water quality.
Investment in the future
Future decisions require continuous, long term datasets. Those data sets also have to be contem-
porary because constant actions (urbanization, deforestation, technological improvements for
wastewater processes, etc.) within a river basin produce different effects on river processes (Ac-
tion Reaction). While long term, continuous datasets are critical, how we use the data needs to
be evaluated as well. Modeling of ecological systems was a necessity in the early days of water
resource regulation because the technology did not exist to provide low-cost, continuous data-
sets. The technology is now available to provide near-real time data for many water quality pa-
rameters and the number of those parameters increases regularly. Reason dictates that complete
reliance upon modeling is an antiquated approach to managing and understanding our water re-
source issues. Integration of continuous water quality data into our approach to water resource
management is the only way to decrease the total reliance of modeling in management decisions.
Your continued support of those monitoring efforts is needed.
Southeastern Natural Sciences Academy is seeking a three year commitment at $150,000 per
year to continue the river monitoring program that the Academy originally developed with your
support in 2006. We propose to conduct the following activities over the funded study period:
•Continuous water quality monitoring
o Multiparameter sondes will continue to collect data (temperature, specific con-
ductance, pH, DO, and turbidity) at 15 minute intervals at locations established in
2006 (RMs 215, 190, 185, 179, 149, 119, 61, and 27 as well as in Butler Creek)
•Long term biochemical oxygen demand (LTBOD) assessments
o The Academy will perform two LTBOD assessments per year of several main-
stem river locations (collected according to travel time) and will analyze two
LTBOD samples per year on effluent samples of those dischargers participating
in the study
Monitoring Proposal: Southeastern Natural Sciences Academy 2010
Attachment number 1
Page 3 of 4
Item # 17
•Nutrient mass flux assessments
o In conjunction with the LTBOD assessments (more if time and funds permit), the
Academy will determine sources and sinks of Total Nitrogen (Organic Nitrogen,
Nitrate, Nitrite, and Ammonia) and Total Phosphorus (Organic Phosphorus and
Orthophosphate) within the Middle and Lower Basins of the Savannah River.
•Model sensitivity analysis
o The Academy will perform a sensitivity analysis on the RIV1 model
•Collaborate with GAEPD and EPA on continued model validation and calibration with
new data
o The Academy will work with GAEPD to incorporate the new data into updated
model runs
Monitoring Proposal: Southeastern Natural Sciences Academy 2010
Attachment number 1
Page 4 of 4
Item # 17
CommissionMeetingAgenda
4/19/20115:00PM
HorsepenSanitarySewerPhase2-BProject-Additio nalFunding
Department:ClerkofCommission
Caption:Motionto authorizeadditionalfundsinthesumof$8,696.00to
acquiretitleofpropertyforcertaineasementsfor the50202-
HorsepenSanitarySewer,Phase2-BProject(Parcel 128-0-026-
00-0)2920TobaccoRoad.(ApprovedbyEngineeringServices
CommitteeApril11,2011)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 18
Attachment number 1
Page 1 of 2
Item # 18
Attachment number 1
Page 2 of 2
Item # 18
CommissionMeetingAgenda
4/19/20115:00PM
MorganRoadPipeReplacement
Department:PublicServices-MaintenanceDivision
Caption:Motionto approvebidawardtoBlairConstruction(LowBidder)
forMorganRoadintheamountof $46,900fortheremovalof360'
x60"failedcorrugatedmetalpipe(CMP).FailedC MPwillbe
replacedwithHDPE.(ApprovedbyEngineeringServices
CommitteeApril11,2011)
Background:ThefailedCMPhassufferedanumberofcave-insan dhasbeen
repairedseveraltimes.
Analysis:Withoutpromptattention,thefailed60"pipewill continueto
deterioratecausingthepotentialforalargevoidn earprivate
property,creatingahazardfortheresidentsinth isarea.
FinancialImpact:FundsareavailableinSPLOSTIV,GradingandDrain age
Alternatives:1.RequesttoawardbidtoBlairConstruction(Low Bidder)for
MorganRoad,intheamountof$46,900fortheremov alof360'x
60"failedcorrugatedmetalpipe(CMP),failedCMP willbe
replacedwithHDPE.
Recommendation:1.RequesttoawardbidtoBlairConstruction(Low Bidder)for
MorganRoad,intheamountof$46,900fortheremov alof360'x
60"failedcorrugatedmetalpipe(CMP),failedCMP willbe
replacedwithHDPE.
FundsareAvailable
intheFollowing
Accounts:
FundsareavailableinAccount#324-04-1110/2018240 21
REVIEWEDANDAPPROVEDBY :
Finance.Cover Memo
Item # 19
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 19
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m. Thursday, February 24, 2011 for furnishing:
Bid Item #11-094 Bennington Drive Pipe Replacement for Public Service – Maintenance Division
Bid Item #11-096 National Avenue @New Savannah Road Pipe Replacement for Public Service –
Maintenance Division
Bid Item #11-097 Wakefield Place Pipe Replacement for Public Service – Maintenance Division
Bid Item #11-099 Morgan Road Pipe Replacement for Public Service – Maintenance Division
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be viewed on the Augusta Richmond County web site under the Procurement Department
ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene
Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the
offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Friday,
February 4, 2011 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions
must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to
the office of the Procurement Department by Tuesday, February 8, 2011 @ 5:00 P.M. No bid will be
accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% bid
bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a
100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of
copies needed, the timing of the submission, the required financial data, and any other requirements designated by
the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE
or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-
Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business Opportunity
Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta
enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with
State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle January 13, 20, 27, February 3, 2011
Metro Courier January 19, 2011
cc: Tameka Allen Interim Deputy Administrator
Mike Greene Public Service
Dennis Stroud Public Service – Maintenance Division
Attachment number 1
Page 1 of 1
Item # 19
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Page 1 of 2
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Page 2 of 2
Item # 19
Attachment number 3
Page 1 of 2
Item # 19
Attachment number 3
Page 2 of 2
Item # 19
Attachment number 4
Page 1 of 3
Item # 19
Attachment number 4
Page 2 of 3
Item # 19
Attachment number 4
Page 3 of 3
Item # 19
Attachment number 5
Page 1 of 1
Item # 19
CommissionMeetingAgenda
4/19/20115:00PM
NationalAve@NewSavannahPipeReplacement
Department:PublicServices-MaintenanceDivision
Caption:Motionto approvebidawardtoHarrisTruckingand
Construction(LowBidder)intheamountof $47,300forthe
removalof200'x42"failedcorrugatedmetalpipe (CMP)on
NationalAve.@NewSavannahRoad,whichwillbere placed
withcorrugatedHDPE.(ApprovedbyEngineeringServices
CommitteeApril11,2011)
Background:ThefailedCMPhassufferedenormousdamage,causin g
significantdamagestoafencesurroundingprivate property.
Analysis:Withoutpromptattention,thefailed42"pipewill continueto
deteriorate,possiblycausingtheadjacentparking lottofail.The
parkinglothousesseveralcompanytrucksandequip ment.
FinancialImpact:FundsareavailableinSPLOSTIV,GradingandDrain age.
Alternatives:1.RequesttoawardbidtoHarrisTruckingandCons truction(Low
Bidder)intheamountof$43,700fortheremovalof 200'x42"
failedcorrugatedmetalpipe(CMP)onNationalAve.@New
SavannahRoad,whichwillbereplacedwithcorrugat edHDPE.
Recommendation:#1.RequesttoawardbidtoHarrisTruckingandCon struction
(LowBidder)intheamountof$43,700fortheremov alof200'x
42"failedcorrugatedmetalpipe(CMP)onNational Ave.@New
SavannahRoad,whichwillbereplacedwithcorrugat edHDPE.
FundsareAvailable
intheFollowing
Accounts:
FundsareavailableinAccount#324-04-1110/2018240 21
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 20
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 20
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m. Thursday, February 24, 2011 for furnishing:
Bid Item #11-094 Bennington Drive Pipe Replacement for Public Service – Maintenance Division
Bid Item #11-096 National Avenue @New Savannah Road Pipe Replacement for Public Service –
Maintenance Division
Bid Item #11-097 Wakefield Place Pipe Replacement for Public Service – Maintenance Division
Bid Item #11-099 Morgan Road Pipe Replacement for Public Service – Maintenance Division
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be viewed on the Augusta Richmond County web site under the Procurement Department
ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene
Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the
offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Friday,
February 4, 2011 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions
must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to
the office of the Procurement Department by Tuesday, February 8, 2011 @ 5:00 P.M. No bid will be
accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% bid
bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a
100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of
copies needed, the timing of the submission, the required financial data, and any other requirements designated by
the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE
or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-
Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business Opportunity
Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta
enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with
State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle January 13, 20, 27, February 3, 2011
Metro Courier January 19, 2011
cc: Tameka Allen Interim Deputy Administrator
Mike Greene Public Service
Dennis Stroud Public Service – Maintenance Division
Attachment number 1
Page 1 of 1
Item # 20
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Page 1 of 2
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Attachment number 2
Page 2 of 2
Item # 20
Attachment number 3
Page 1 of 2
Item # 20
Attachment number 3
Page 2 of 2
Item # 20
Attachment number 4
Page 1 of 3
Item # 20
Attachment number 4
Page 2 of 3
Item # 20
Attachment number 4
Page 3 of 3
Item # 20
Attachment number 5
Page 1 of 1
Item # 20
CommissionMeetingAgenda
4/19/20115:00PM
PropertyCondemnation-Permanent&TemporaryConst ructionEasements;PropertyOwner-
SoutheasternFamilyHomes,Inc.
Department:LawDepartment
Caption:Motionto authorizecondemnationtoacquiretitleofaportionof
propertyforpermanenteasementandtemporaryconst ruction
easementfor60106–ButlerCreekInterceptorUpgra de,
West.PIN:082-1-043-00-0.Address:2406BelfairLa kes.
(ApprovedbyEngineeringServicesCommitteeApril1 1,
2011)
Background:TheCityhasbeenunabletoreachagreementwithth eproperty
ownerandthereforeseekstoacquiretitlethrough
condemnation.Inordertoproceedandavoidfurther delays,itis
necessarytoacquireandcondemnaportionofthes ubject
propertyinterests.Therequiredpropertyinterests consistofa
permanenteasementof436squarefeetandtemporary easementof
11,634squarefeetforsubjectproperty.Theapprai sedvalueofthe
easementsis$760.00.
Analysis:Condemnationisnecessaryinordertoacquirether equired
property.
FinancialImpact:Thenecessarycostswillbecoveredwithintheproj ectbudget.
Alternatives:Denycondemnation.
Recommendation:Approvecondemnation.
FundsareAvailable
intheFollowing
Accounts:
FUNDSAREAVAILABLEINTHEFOLLOWING
ACCOUNT:_______/J/L80360106-5411120G/L511043420 -
5411120
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 21
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 21
Attachment number 1
Page 1 of 2
Item # 21
Attachment number 1
Page 2 of 2
Item # 21
CommissionMeetingAgenda
4/19/20115:00PM
Purchase(3)FordF-350TrucksoffGeorgiaStateCo ntractSWC90795
Department:SolidWaste
Caption:Motionto approvethepurchaseof(3)FordF-350Trucksoff
GeorgiaStateContractSWC90795.(ApprovedbyEngineering
ServicesCommitteeApril11,2011)
Background:TheSolidWasteDepartmentcurrentlyownsoneFord Expedition
andtwoF-150trucksthatwehaveusedonadailyb asisatthe
landfillfacilityoverthepast11years.Theseveh iclesareduetobe
replaced.
Analysis:Thevehicleswecurrentlyownareindireneedofb eingreplaced.
Weareproposingthepurchaseofnewtrucks,FordF -350’s,
whichwillaffordusmoreversatilityinourday-to -dayoperations.
Wewillhavetheabilitytopullourpumpsasneede d,transport
morestafftovariousworksiteswithinourfacilit y,aswellas
moresafelyaccessallareasofthelandfill.This purchase,which
includeswarrantycoverage,willalsolowerourmai ntenancecost
inrelationtothehighcostofmaintainingtheass etsbeing
replaced.ThesetruckswillreplaceassetNos.9941 80,99481,and
974034.TheseassetswillbesenttoFleetforsale through
GovDeals.Theproceedsfromthesalecanassistin offsettingthe
costofthenewtruckswhichis$92,453.00.
FinancialImpact:Adequatefundsareavailablefortheamountof$92,453.00from
542-04-4110/54.22210.
Alternatives:1.Approvethepurchaseof(3)FordF-350Trucksof fGeorgia
StateContractSWC90795.2.Donotapprovethepurc hase.
Recommendation:1.Approvethepurchaseof(3)FordF-350Trucksof fGeorgia
StateContractSWC90795.
FundsareAvailable
intheFollowing
Accounts:
Adequatefundsareavailablefortheamountof$92,453.00from
542-04-4110/54.22210.
Cover Memo
Item # 22
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 22
Attachment number 1
Page 1 of 1
Item # 22
Attachment number 2
Page 1 of 3
Item # 22
Attachment number 2
Page 2 of 3
Item # 22
Attachment number 2
Page 3 of 3
Item # 22
Attachment number 3
Page 1 of 3
Item # 22
Attachment number 3
Page 2 of 3
Item # 22
Attachment number 3
Page 3 of 3
Item # 22
CommissionMeetingAgenda
4/19/20115:00PM
QuitclaimDeed
Department:Law
Caption:Motionto approveanOptionforthepurposesofacquiringa
Right-of-WaybetweenSouthernRegionIndustrialRea lty,Inc.,as
owner,andAugusta,Georgia,asoptionee,inconnec tionwiththe
MarvinGriffinRoadImprovementProject,allofthe property
showncrosshatchedonthemapdatedSeptember14,2 007from
thepropertylocatedat1406MarvinGriffinRoad,p rivate,atthe
purchasepriceof $8,300.00.(ApprovedbyEngineering
ServicesCommitteeApril11,2011)
Background:Thepropertyownerhasagreedtoconveyapermanent exclusive
easementbywayofquitclaimdeedtoAugusta,Georg ia,forthe
MarvinGriffinRoadImprovementProject.
Analysis:Thepurchaseofthereferencedpropertyisnecessar yforthe
project.
FinancialImpact:Thecostsnecessaryforthispurchasewillbecover edunderthe
projectbudget.
Alternatives:DenytheMotion
Recommendation:ApprovetheMotion
FundsareAvailable
intheFollowing
Accounts:
323041110-5411120296823215-5411120
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.Cover Memo
Item # 23
ClerkofCommission
Cover Memo
Item # 23
Attachment number 1
Page 1 of 3
Item # 23
Attachment number 1
Page 2 of 3
Item # 23
Attachment number 1
Page 3 of 3
Item # 23
CommissionMeetingAgenda
4/19/20115:00PM
RenovationsofCustomerService-MeteringDivision ’sBuildingRFQ11-100
Department:TomWiedmeierPE,DirectorUtilitiesDepartment
Caption:Motionto authorizethenotificationoftheselectionresultsto
prospectivefirmsandproceedwithnegotiationsof acontractwith
thetoprankedfirm,Allen-Batcheler,fortherenov ationstothe
CustomerService-MeteringDivision’sbuildingonWy ldsRd.
(RFQ#11-100)(ApprovedbyEngineeringServices
CommitteeApril11,2011)
Background:TheUtilitiesDepartmentthroughtheProcurementDe partment
preparedandadvertisedaRequestofQualification forthe
renovationstotheCustomerService-MeteringDivisi on’sbuilding
onWyldsRd.TheRFQ’swereopenedonFebruary25,2011.
SincethesubmittaloftheRFQ’s,boththeUtilitie sDepartment
andProcurementDepartmenthavebeeninvolvedinth eprocessof
rankingthequalifiedfirms.Thisprocessbeganwit hareviewof
theinformationsubmittedfrominterestedfirms.Fo ur(4)firm’s
submittaltherereviewedbyaSelectionCommittee.
Analysis:TheSelectionCommitteeconductedtheirreviewonM arch7,
2011.Atthecompletionofthereviews,theSelecti onCommittee
rankedthefirmsasfollows:1.Allen-Batcheler2.B lanchard&
Calhoun3.S.D.CliftonConstructionInc.4.Gaski nConstruction
Co.UponapprovalbytheAugustaCommission,theUt ilities
Departmentwillbeginnegotiationswiththetopran kedfirm.If
negotiationsforamutuallyacceptableagreementca nnotbe
reached,wewouldliketoreservetherighttonego tiatewiththe
remainingfirmsintheorderasshown.
FinancialImpact:Nofundsarebeingrequestedatthistime.Thecost forthe
buildingrenovationwillbebroughttotheCommissi onwhen
negotiationsarecompleted.
Alternatives:IftheAugustaUtilitiesDepartmentcannotreachas atisfactory
agreementwiththetoprankedfirm,theremainingf irmsshouldbe
consideredfornegotiationsintheorderasshown.
Cover Memo
Item # 24
Recommendation:WerecommendtheCommissionauthorizethenotificat ionofthe
selectionresultstoperspectivefirmsandproceedw ith
negotiationsofacontractwiththetoprankedfirm ,Allen-
Batcheler,fortherenovationstotheCustomerServ ice-Metering
Division’sbuildingonWyldsRd.(RFQ#11-100).
FundsareAvailable
intheFollowing
Accounts:
Nofundsarebeingrequestedatthistime.
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 24
REQUEST FOR QUALIFICATIONS
Request for Qualifications will be received at this office until 11:00 a.m. Friday, February 25, 2011 FOR FURNISHING:
RFQ Item #11-100 Renovations of the Customer Services Metering Division Building for
Utilities Department
RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street –
Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime,
subcontractors and suppliers exclusively from Imaging Technologies. The fees for the plans and
specifications which are non-refundable is $40.00
Documents may also be examined during regular business hours at the F. W. Dodge Plan Room, 1281 Broad Street,
Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project.
To facilitate this policy the Owner is providing the opportunity to view plans online (www.itrepro.com) at no charge
through Imaging Technologies (706 724-7924) beginning Thursday, January 13, 2011. Bidders are cautioned that
submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing,
delivery of goods or services, or coordination with other work that is material to the successful completion of the
project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition
of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information
upon which to base his qualifications.
A Mandatory Pre-Qualification Meeting will be held on Tuesday, February 8, 2011 @ 10:00 a.m. in the
Procurement Department 530 Greene Street, Room 605. All questions must be submitted in writing to the
office of the Procurement Department by Thursday, February 10, 2011 @ 5:00 p.m. by fax at 706-821-2811 or by
email @ procbidandcontract@augustaga.gov. No RFQ will be accepted by fax, all must be received by mail or hand
delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and receive
bid preference on an eligible local project, the certification statement as a local bidder and all supporting
documents must be submitted to the Procurement Department with your bonafide bid package.
No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance
with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All
specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the
timing of the submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. Please mark RFQ number on the outside of the envelope.
Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the bidder
at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE or
WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-Based
portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business Opportunity Program.
However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE
requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal
laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle January 13, 20, 27, February 3, 2011
Metro Courier January 19, 2011
cc: Tameka Allen Interim Deputy Administrator
Tom Wiedmeier Utilities Department
Jerry Delaughter Utilities Department
Joe Holland Utilities Department
Attachment number 1
Page 1 of 1
Item # 24
VENDORS Attachment B Bidders Form Addendum Original 7 Copies
ALLEN BATCHELER
1063 FRANKE IND
AUGUSTA GA 30909
YES YES YES YES YES
BLANCHARD & CALHOUN
2743 PERIMETER PKWY
AUGUSTA GA 30909
YES YES YES YES YES
GASKIN CONSTRUCTION CO INC
1527 CRESCENT DRIVE
AUGUSTA GA 30909
YES YES YES YES YES
S.D. CLIFTON CONSTRUCTION INC
4324 WHEELER ROAD
MARTINEZ GA 30907
YES YES YES YES YES
BR WALDEN CONSTRUCTION CO
2320 WALDEN DRIVE
AUGUSTA GA 30909
CONTRACT MANAGEMENT
1827 KILLINGSWORTH ROAD
AUGUSTA GA 30904
GREENE AND BURDETTE
1810 E WYLDS ROAD
AUGUSTA GA 30909
JUTCO INC
1875 POLO ROAD
AUGUSTA GA 30904
LARRY MCCORD DESIGN-BUILD
2016 HIGHLAND AVENUE
AUGUSTA GA 30904
STEWART CORBITT GENERAL CONT
146 RAILROAD STREET
THOMSON GA 30824
TURNER MECH INC
1347 ATOMIC ROAD
BEECH ISLAND SC 29242
DABBS-WILLIAMS GC
319 S WALNUT STREET
STATESBORO GA 30459
JLA
1296 BROAD STREET
AUGUSTA GA 30901
RCN CONTRACTING
1115 FRANKIE PLACE COURT
AUGUSTA GA 30909
STUDIO 3 DESIGN GROUP
1617 WALTON WAY
AUGUSTA GA 30904
RFQ Item #11-100
Renovations of the Customer Services Metering Division Building
for the City of Augusta - Utilities Department
RFQ Due: Friday, February 25, 2011 @ 11:00 a.m.
Page 1 of 1
Attachment number 2
Page 1 of 1
Item # 24
Evaluation Criteria
PTS
ALLEN BATCHELER
1063 FRANKE IND
AUGUSTA GA 30909
BLANCHARD & CALHOUN
2743 PERIMETER PKWY
AUGUSTA GA 30909
GASKIN CONSTRUCTION
CO INC
1527 CRESCENT DRIVE
AUGUSTA GA 30909
S.D. CLIFTON
CONSTRUCTION INC
4324 WHEELER ROAD
MARTINEZ GA 30907
1. Make-up of each design build
consortium
10 9.7 8.7 6.3 7.3
2. Resources of each consortium
10 9.0 7.3 6.3 7.3
3. Experience in design and
construction
25 21.0 19.0 16.0 17.0
4. Technical, process and operational
expertise
20 17.0 16.0 13.7 15.7
5. Financial strength
Pass/
Fail P P P P
6. References
10 9.0 9.0 9.0 9.0
7. Project Approach
10 8.0 6.7 6.3 7.7
8. Performance and Operation
10 8.7 7.7 7.3 7.7
9. Proximity to Augusta
Within Augusta Richmond County - 5 pts
Within the CSRA - 4 pts
Within Georgia - 3 pts
Within SE United States - 2 pt
(includes AL, TN, NC, FL)
All Others - 1pt
5 5.0 5.0 5.0 4.0
Total 100 87.3 79.3 70.0 75.7
Cumulative Evaluation Sheet - RFQ Item #11-100
Renovations of the Customer Services Metering Division Building
for the City of Augusta - Utilities Department
Attachment number 3
Page 1 of 1
Item # 24
Attachment number 4
Page 1 of 1
Item # 24
Attachment number 5
Page 1 of 2
Item # 24
Attachment number 5
Page 2 of 2
Item # 24
Attachment number 6
Page 1 of 4
Item # 24
Attachment number 6
Page 2 of 4
Item # 24
Attachment number 6
Page 3 of 4
Item # 24
Attachment number 6
Page 4 of 4
Item # 24
Attachment number 7
Page 1 of 2
Item # 24
Attachment number 7
Page 2 of 2
Item # 24
CommissionMeetingAgenda
4/19/20115:00PM
ResolutioninSupportoftheNewSavannahBluffLoc k&Dam
Department:Law
Caption:Motionto approve aResolutionrequestingtherestorationof
fundingbytheUnitedStatesCongresstorepairthe New
SavannahBluffLockandDam.(ApprovedbyEngineering
ServicesCommitteeApril11,2011)
Background:Augusta,Georgiawishestomemorialize,onceagain,itssupport
fortheDam.
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 25
Attachment number 1
Page 1 of 2
Item # 25
Attachment number 1
Page 2 of 2
Item # 25
CommissionMeetingAgenda
4/19/20115:00PM
Sheriff’sAdmin-MaterialTesting
Department:PublicServicesDepartment-FacilitesManagementD ivision
Caption:Motionto approvetheCapitalImprovementProgramManager’s
recommendationtoselectATCAssociates,Inc.forM aterial
Testing,SpecialInspectionsandNPDESMonitorings ervicesfor
theAugusta,GeorgiaSheriff’sOfficeBuilding.(Approvedby
EngineeringServicesCommitteeApril11,2011)
Background:OnTuesday,March15 th,two(2)compliantresponsesforBidItem#11-
101MaterialTesting&SpecialInspectionsforthe Sheriff’sOfficewere
received.
Analysis:Afterreviewoftheresponsesandthescopeofserv ices,thebid
fromATCAssociates,Inc.isthelowestresponsible and
responsivebid.
FinancialImpact:TheATCAssociates,Inc.bidofaNotforExceedam ountof
$34,000.00iswithintheTotalProjectBudgetof$1 0,678,729.00.
Alternatives:1)ApprovetheCapitalImprovementsProgramManager ’s
recommendationtoselectATCAssociates,Inc.forM aterial
Testing,SpecialInspections,andNPDESMonitoring services.2)
RejectthebidsandrebidtheMaterialTesting,Spe cialInspections
andNPDESMonitoringserviceswhichwouldhaveane gative
impactontheprojectscheduleandtotalprojectco sts.
Recommendation:ApprovetheCapitalImprovementsProgramManager’s
recommendationtoselectATCAssociates,Inc.forM aterial
Testing,SpecialInspectionsandNPDESMonitorings ervices.
FundsareAvailable
intheFollowing
Accounts:
FUNDSAREAVAILABLEINACCOUNTS:GL325-05-1120,
JL208251103GL328-03-1130,JL210351003
REVIEWEDANDAPPROVEDBY :Cover Memo
Item # 26
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 26
Attachment number 1
Page 1 of 1
Item # 26
INVITATION TO BID
Invitation to Bids will be received at this office until Tuesday, March 15, 2011 @ 3:00 p.m. for furnishing:
Bid Item #11-101 Material Testing & Special Inspections for Sheriff’s Office
Bids will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street –
Room 605, Augusta, GA 30901. Drawings and specifications for the project shall be obtained by all prime,
subcontractors and suppliers exclusively from Augusta Blueprint. The fees for the drawings and specifications which
are non-refundable is $175.00.
Documents may also be examined during regular business hours at the F. W. Dodge Plan Room, 1281 Broad Street,
Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project.
To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no
charge through Augusta Blueprint (706 722-6488) beginning Thursday, February 3, 2011. Bidders are cautioned that
submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing,
delivery of goods or services, or coordination with other work that is material to the successful completion of the
project. Bidders are cautioned that sequestration of documents through any other source is not advisable.
Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
All questions must be submitted in writing to the office of the Procurement Department by Monday, February
28, 2011 @ 5:00 p.m. by fax at 706-821-2811 or by email at procbidandcontract@augustaga.gov. No Bid will be
accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of
copies needed, the timing of the submission, the required financial data, and any other requirements designated by
the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. Please mark BID number on the outside of the envelope.
Funding for this project may include federal funds provided by the U. S. Department of Transportation (DOT)
and/or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26.
These requirements are mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise
(DBE) requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and
Federal laws. Please be advised that the U. S. District Court for the Southern District of Georgia has entered
on Order enjoining the Race-Based portion of Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia
does not have or operate a DBE, MBE or WBE Program for projects (or portions of projects) having Augusta,
Georgia s the source of funding.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle February 3, 10, 17, 24, 2011
Metro Courier February 9, 2011
cc: Tameka Allen Interim Deputy Administrator
Forrest White Heery International
Jacques Ware Dukes Edward & Dukes
Attachment number 2
Page 1 of 1
Item # 26
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Attachment number 3
Page 1 of 1
Item # 26
Attachment number 4
Page 1 of 3
Item # 26
Attachment number 4
Page 2 of 3
Item # 26
Attachment number 4
Page 3 of 3
Item # 26
CommissionMeetingAgenda
4/19/20115:00PM
UtilitiesSearchforDowntownCustomerServiceOffi ceLocation
Department:Utilities,ThomasD.Wiedmeier,Director
Caption:Motionto approveAugustaUtilitiessearchforDowntown
CustomerServiceOfficelocation.(ApprovedbyEngineering
ServicesCommitteeApril11,2011)
Background:TheAugustaUtilitiesDepartment(AUD)downtownCus tomer
ServicebranchcurrentlyishousedattheMunicipal
Building.AfterresearchingARC’sneeds,thedecisi onwasmade
tomovetheCustomerServiceofficeoutoftheMuni cipal
Buildingtoamoresuitablesite.
Analysis:Itisinconvenientforcustomerstohavetogothro ughsecurityin
ordertopaytheirwaterbillsand,especiallyduri ngCommission
meetingdays,parkingisdifficultandleavesalon gwalkfor
handicappedandelderlycustomers.AUDisworkingo nfindinga
buildingorpieceofpropertytohousethedowntown branchof
CustomerService.ItisthegoalofAUDtoalsopro videadrive-
thruwindowfortheconvenienceofthecustomers.T he
Administrator’sstudyandrecommendationforthebe stuseofthe
MunicipalBuildingdoesnotincludeAUDCustomerSe rviceasa
desirableoption.TheAdministratorhasgivenhisa pprovalfor
AUDtopursueotherproperty.
FinancialImpact:ThecosttopurchaseorbuildaCustomerServicebr anchofficein
downtownAugustaisestimatednottoexceed$1,175,000andis
fundedinthe2011budgetunder506043210-5413110
($1,000,000)and506043210-5411110($175,000).
Alternatives:1.Approverecommendation2.AsktheAdministrator to
reconsiderfindingaplaceforAUDCustomerService inthefuture
plansfortheMunicipalBuilding.
Recommendation:ApproveAugustaUtilitiesSearchforDowntownCusto mer
ServiceOfficeLocation.
Cover Memo
Item # 27
FundsareAvailable
intheFollowing
Accounts:
506043210-5413110($1,000,000)and506043210-541111 0
($175,000)
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 27
CommissionMeetingAgenda
4/19/20115:00PM
UtilityBusinessPlanSelectionProcess
Department:TomWiedmeierPE,DirectorUtilitiesDepartment
Caption:Motionto authorizethenotificationoftheselectionresultsto
perspectivefirmsandproceedwithnegotiationsof acontractwith
thetoprankedfirm,McKim&Creed,fortheupdate toAUD’s
UtilityBusinessPlan(RFQ#11-055).(Approvedby
EngineeringServicesCommitteeApril11,2011)
Background:TheUtilitiesDepartmentthroughtheProcurementDe partment
preparedandadvertisedaRequestofQualification fortheupdate
toAUD’sUtilityBusinessPlan.TheRFQ’swereopen edon
January26,2011.SincethesubmittaloftheRFQ’s ,boththe
UtilitiesDepartmentandProcurementDepartmenthav ebeen
involvedintheprocessofrankingthequalifiedfi rms.This
processbeganwithareviewoftheinformationsubm ittedfrom
interestedfirms,continuedwithashortlistingof qualifiedfirms,
andculminatedwithinterviewsofthetoptwo(2)f irmsbya
SelectionCommittee.
Analysis:TheSelectionCommitteeconductedinterviewsonMar ch11,
2011.Atthecompletionoftheinterviews,theSele ction
Committeerankedthefirmsasfollows:1.McKim&C reed2.
BrownandCaldwellUponapprovalbytheAugustaCom mission,
theUtilitiesDepartmentwillbeginnegotiationswi ththetop
rankedfirm.Ifnegotiationsforamutuallyaccepta bleagreement
cannotbereached,wewouldliketoreservetherig httonegotiate
withtheremainingfirmsintheorderasshown.
FinancialImpact:Nofundsarebeingrequestedatthistime.Thecost forUtility
BusinessPlanupdatewillbebroughttotheCommiss ionwhen
negotiationsarecompleted.
Alternatives:IftheAugustaUtilitiesDepartmentcannotreachas atisfactory
agreementwiththetoprankedfirm,theremainingf irmsshouldbe
consideredfornegotiationsintheorderasshown.
Recommendation:WerecommendtheCommissionauthorizethenotificat ionoftheCover Memo
Item # 28
selectionresultstoperspectivefirmsandproceedw ith
negotiationsofacontractwiththetoprankedfirm ,McKim&
CreedfortheupdatetoAUD’sUtilityBusinessPlan (RFQ#11-
055)
FundsareAvailable
intheFollowing
Accounts:
Nofundsarebeingrequestedatthistime.
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 28
Item # 28
REQUEST FOR QUALIFICATIONS
Request for Qualifications will be received at this office until Wednesday, January 12, 2011 @ 3:00 p.m. FOR
FURNISHING:
RFQ Item #11-054 Water and Wastewater System Master Plan for Utilities Department
RFQ Item #11-055 Utility Business Plan for Utilities Department
RFQ Item #11-056 Water and Wastewater Rate Study for Utilities Department
RFQ Item #11-059 Watershed Assessment/Source Water Assessment Plan for Utilities
Department
RFQ Item #11-077 Emergency Response Plan for Utilities Department
RFQ Item #11-080 Leak Detection Study for Utilities Department
RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street
– Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the
Procurement Department by Tuesday, December 28, 2010 @ 5:00 p.m. by fax at 706-821-2811 or by email
@ procbidandcontract@augustaga.gov. No RFQ will be accepted by fax, all must be received by mail
or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid
package.
No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number
of copies needed, the timing of the submission, the required financial data, and any other requirements
designated by the Procurement Department are considered material conditions of the bid which are not waiveable
or modifiable by the Procurement Director. Please mark RFQ number on the outside of the envelope.
Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE,
MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the
Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business
Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds,
Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in
accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle December 2, 9, 16, 23, 2010
Metro Courier December 8, 2010
cc: Tameka Allen Interim Deputy Administrator
Tom Wiedmeier Utilities Department
Drew Goins Utilities Department
Attachment number 2
Page 1 of 1
Item # 28
VENDORS Attachment B Bidders Form
Addendums
1 & 2 Original 7 Copies
Brown and Caldwell
990 Hammond Drive Suite 400
Atlanta, GA 30328
YES YES YES YES YES
McKim & Creed
8020 Tower Point Drive
Charlotte NC 28227
YES YES YES YES YES
Municipal & Financial Services
911-A Commerce Road
Annapolis MD 21401
YES YES YES YES YES
Westin Engineering Inc
260 Peachtree Street NW Ste 2200
Atlanta GA 30303
YES YES YES YES YES
Woolpert
375 Northridge Road Ste 100
Atlanta GA 30350
YES YES YES YES YES
Heery International
999 Peachtree Street, NE Ste 300
Atlanta, GA 30309
Jacobs Engineering Group Inc
6801 Governors Lake Pkwy Bldg 200
Norcross, GA 30071
Parsons Brinckerhoff
3340 Peachtree Road, NE Ste 2400
Tower Place 100
Atlanta GA 30326
Woodard & Curran
2905 Premiere Parkway Ste 175
Duluth GA 30097
Zel Engineers
435 Telfair Street
Augusta GA 30901
RFQ Item #11-055
Utility Business Plan
for the City of Augusta - Utilities Department
RFQ Due: Wednesday, January 26, 2011 @ 11:00 a.m.
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
Page 1 of 1
Attachment number 3
Page 1 of 1
Item # 28
Attachment number 4
Page 1 of 2
Item # 28
Attachment number 4
Page 2 of 2
Item # 28
Attachment number 5
Page 1 of 7
Item # 28
Attachment number 5
Page 2 of 7
Item # 28
Attachment number 5
Page 3 of 7
Item # 28
Attachment number 5
Page 4 of 7
Item # 28
Attachment number 5
Page 5 of 7
Item # 28
Attachment number 5
Page 6 of 7
Item # 28
Attachment number 5
Page 7 of 7
Item # 28
Evaluation Criteria PTS
Brown and Caldwell
990 Hammond Drive
Suite 400
Atlanta, GA 30328
McKim & Creed
8020 Tower Point
Drive
Charlotte NC 28227
Municipal & Financial
Services
911-A Commerce
Road
Annapolis MD 21401
Westin Engineering
Inc
260 Peachtree Street
NW Ste 2200
Atlanta GA 30303
Woolpert
375 Northridge Road Ste
100
Atlanta GA 30350
1. Firms experience and
performance on projects of
similar size and scope 25
23.7 24.3 16.7 18.7 18.7
2. Firms Quality Control,
Quality Assurance and Project
Tracking 20
17.7 18.3 17.0 17.0 17.0
3. Project Approach and
Understanding 25 21.3 22.7 20.0 16.7 18.0
4. Qualifications, experience,
references and availability of
Key Staff 25
21.3 22.7 16.7 16.7 18.7
5. Proximity to Area 5 4.3 3.0 2.3 4.0 4.0
Total 100 88.3 91.0 72.7 73.0 76.3
2 1
2 1Presentation Ranking
Cumulative Evaluation Sheet Presentations - RFQ Item #11-055
Utility Business Plan
for the City of Augusta - Utilities Department
Shortlisted
Item # 28
Attachment number 7
Page 1 of 1
Item # 28
CommissionMeetingAgenda
4/19/20115:00PM
WakefieldPlacePipeReplacement
Department:PublicServices-MaintenanceDivision
Caption:Motionto awardbidtoBlairConstruction,(LowBidder),inthe
amountof$15,400fortheremovalof150'x30"fai ledcorrugated
metalpipe(CMP)onWakefieldPlace,tobereplaced withHDPE.
(ApprovedbyEngineeringServicesCommitteeApril1 1,
2011)
Background:ThefailedCMPhassufferednumerouscave-ins;the riskfor
damagestoprivatepropertyisimminent.
Analysis:Withoutpromptattention,thefailed30"pipewill continueto
deteriorateposingapotentialthreattoresidentsl ivinginthisarea.
FinancialImpact:FundsareavailableinSPLOSTIV,GradingandDrain age.
Alternatives:1.RequesttoawardbidtoBlairConstruction,(Low Bidder)inthe
amountof$15,400fortheremovalof150'x30"fai ledcorrugated
metalpipe(CMP)onWakefieldPlace,tobereplaced withHDPE.
Recommendation:#1.RequesttoawardbidtoBlairConstruction,(Lo wBidder)in
theamountof$15,400fortheremovalof150'x30"failed
corrugatedmetalpipe(CMP)onWakefieldPlace,to bereplaced
withHDPE.
FundsareAvailable
intheFollowing
Accounts:
FundsareavailableinAccount#324-04-1110/2018240 21
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.Cover Memo
Item # 29
Administrator.
ClerkofCommission
Cover Memo
Item # 29
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m. Thursday, February 24, 2011 for furnishing:
Bid Item #11-094 Bennington Drive Pipe Replacement for Public Service – Maintenance Division
Bid Item #11-096 National Avenue @New Savannah Road Pipe Replacement for Public Service –
Maintenance Division
Bid Item #11-097 Wakefield Place Pipe Replacement for Public Service – Maintenance Division
Bid Item #11-099 Morgan Road Pipe Replacement for Public Service – Maintenance Division
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be viewed on the Augusta Richmond County web site under the Procurement Department
ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene
Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the
offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Friday,
February 4, 2011 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions
must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to
the office of the Procurement Department by Tuesday, February 8, 2011 @ 5:00 P.M. No bid will be
accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% bid
bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a
100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of
copies needed, the timing of the submission, the required financial data, and any other requirements designated by
the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE
or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-
Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business Opportunity
Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta
enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with
State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle January 13, 20, 27, February 3, 2011
Metro Courier January 19, 2011
cc: Tameka Allen Interim Deputy Administrator
Mike Greene Public Service
Dennis Stroud Public Service – Maintenance Division
Attachment number 1
Page 1 of 1
Item # 29
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Attachment number 2
Page 2 of 2
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CommissionMeetingAgenda
4/19/20115:00PM
WaterandWastewaterRateStudySelectionProcess
Department:TomWiedmeierPE,DirectorUtilitiesDepartment
Caption:Motionto authorizethenotificationoftheselectionresultsto
perspectivefirmsandproceedwithnegotiationsof acontractwith
thetoprankedfirm,GalardiRothsteinGroup,fora Waterand
WastewaterRateStudy(RFQ#11-056).(Approvedby
EngineeringServicesCommitteeApril11,2011)
Background:TheUtilitiesDepartmentthroughtheProcurementDe partment
preparedandadvertisedaRequestofQualification foraWater
andWastewaterRateStudy.TheRFQ’swereopenedon January
26,2011.SincethesubmittaloftheRFQ’s,bothth eUtilities
DepartmentandProcurementDepartmenthavebeeninv olvedin
theprocessofrankingthequalifiedfirms.Thispr ocessbeganwith
areviewoftheinformationsubmittedfrominterest edfirms,
continuedwithashortlistingofqualifiedfirms,andculminated
withinterviewsofthetopthree(3)firmsbyaSel ection
Committee.
Analysis:TheSelectionCommitteeconductedinterviewsonMar ch11,
2011.Atthecompletionoftheinterviews,theSele ction
Committeerankedthefirmsasfollows:1.GalardiR othstein
Group2.ConstantineEngineeringGroup3.Municipal &
FinancialServicesGroupUponapprovalbytheAugus ta
Commission,theUtilitiesDepartmentwillbeginneg otiationswith
thetoprankedfirm.Ifnegotiationsforamutually acceptable
agreementcannotbereached,wewouldliketoreser vetherightto
negotiatewiththeremainingfirmsintheorderass hown.
FinancialImpact:Nofundsarebeingrequestedatthistime.Thecost fortheWater
andWastewaterRateStudywillbebroughttotheCo mmission
whennegotiationsarecompleted.
Alternatives:IftheAugustaUtilitiesDepartmentcannotreachas atisfactory
agreementwiththetoprankedfirm,theremainingf irmsshouldbe
consideredfornegotiationsintheorderasshown.
Cover Memo
Item # 30
Recommendation:WerecommendtheCommissionauthorizethenotificat ionofthe
selectionresultstoperspectivefirmsandproceedw ith
negotiationsofacontractwiththetoprankedfirm ,Galardi
RothsteinGroupforWaterandWastewaterRateStudy (RFQ#11-
056)
FundsareAvailable
intheFollowing
Accounts:
Nofundsarebeingrequestedatthistime.
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 30
Item # 30
REQUEST FOR QUALIFICATIONS
Request for Qualifications will be received at this office until Wednesday, January 12, 2011 @ 3:00 p.m. FOR
FURNISHING:
RFQ Item #11-054 Water and Wastewater System Master Plan for Utilities Department
RFQ Item #11-055 Utility Business Plan for Utilities Department
RFQ Item #11-056 Water and Wastewater Rate Study for Utilities Department
RFQ Item #11-059 Watershed Assessment/Source Water Assessment Plan for Utilities
Department
RFQ Item #11-077 Emergency Response Plan for Utilities Department
RFQ Item #11-080 Leak Detection Study for Utilities Department
RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street
– Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the
Procurement Department by Tuesday, December 28, 2010 @ 5:00 p.m. by fax at 706-821-2811 or by email
@ procbidandcontract@augustaga.gov. No RFQ will be accepted by fax, all must be received by mail
or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid
package.
No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number
of copies needed, the timing of the submission, the required financial data, and any other requirements
designated by the Procurement Department are considered material conditions of the bid which are not waiveable
or modifiable by the Procurement Director. Please mark RFQ number on the outside of the envelope.
Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE,
MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the
Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business
Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds,
Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in
accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle December 2, 9, 16, 23, 2010
Metro Courier December 8, 2010
cc: Tameka Allen Interim Deputy Administrator
Tom Wiedmeier Utilities Department
Drew Goins Utilities Department
Attachment number 2
Page 1 of 1
Item # 30
VENDORS Attachment B Bidders Form
Addendums
1 & 2 Original 7 Copies
CH Guernsey & Company
1100 Circle 75 Parkway Ste 1530
Atlanta GA 30339
YES YES YES YES YES
Constantine Engineering
6400 Peake Road
Macon GA 31210
YES YES YES YES YES
Galardi Rothstein Group
740 S Federal Street #1101
Chicago IL 60605
YES YES YES YES YES
Municipal & Financial Services
911-A Commerce Road
Annapolis MD 21401
YES YES YES YES YES
Stevenson & Palmer
723 Industrial Park Drive Ste 2
Evans GA 30809
YES YES YES YES YES
Black & Veatch
11401 Lamar Avenue
Overland Park KS 66211
Burton & Associates
200 Business Park Circle Ste 101
St Augustine FL 32095
Arcadis US Inc
Red Oak Consulting
2200 Century Parkway Ste 250
Atlanta GA 30345
Utilities Financial Solutions
185 Sun Meadow Court
Holland MI 49424
WillDan Financial Services
7380 Sand Lake Road Ste 500
Orlando FL 32819
Brown and Caldwell
990 Hammond Drive Suite 400
Atlanta, GA 30328
Heery International
999 Peachtree Street, NE Ste 300
Atlanta, GA 30309
Jacobs Engineering Group Inc
6801 Governors Lake Pkwy Bldg 200
Norcross, GA 30071
Parsons Brinckerhoff
3340 Peachtree Road, NE Ste 2400 Tower
Place 100
Atlanta GA 30326
Woodard & Curran
2905 Premiere Parkway Ste 175
Duluth GA 30097
NON-COMPLIANT
Missing E-Verify Number
Missing Business License Number
Submitted 6 copies
NON-COMPLIANT
Missing E-Verify #
RFQ Item #11-056
Water and Wastewater Rate Study
for the City of Augusta - Utilities Department
RFQ Due: Wednesday, January 26, 2011 @ 11:00 a.m.
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
NON-COMPLIANT
Missing E-Verify #
NON-COMPLIANT
Missing E-Verify #
NON-COMPLIANT
Missing E-Verify #
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Attachment number 4
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Item # 30
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Item # 30
Attachment number 5
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Attachment number 6
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Evaluation Criteria PTS
CH Guernsey &
Company
1100 Circle 75
Parkway Ste 1530
Atlanta GA 30339
Constantine
Engineering
6400 Peake Road
Macon GA 31210
Galardi Rothstein
Group
740 S Federal Street
#1101
Chicago IL 60605
Municipal & Financial
Services
911-A Commerce
Road
Annapolis MD 21401
Stevenson & Palmer
723 Industrial Park Drive
Ste 2
Evans GA 30809
1. Firms experience and
performance on projects of
similar size and scope 25
20 20 25 25 20
2. Firms Quality Control,
Quality Assurance and Project
Tracking 20
15 15 15 15 15
3. Project Approach and
Understanding 25 20 20 20 20 20
4. Qualifications, experience,
references and availability of
Key Staff 25
20 20 20 20 20
5. Proximity to Area 5 3 3 4 4 2
Total 100 78 78 84 84 77
3 1 2
3 1 2
Cumulative - Evaluation Sheet -RFQ Item #11-056
Water and Wastewater Rate Study
for the City of Augusta - Utilities Department
Shortlisted
Presentation Ranking
Item # 30
CommissionMeetingAgenda
4/19/20115:00PM
WaterandWastewaterSystemMasterPlanSelectionP rocess
Department:TomWiedmeierPE,DirectorUtilitiesDepartment
Caption:Motionto authorizethenotificationoftheselectionresultsto
perspectivefirmsandproceedwithnegotiationsof acontractwith
thetoprankedfirm,AECOM,fortheupdatetoAUD’s Waterand
WastewaterSystemsMasterPlan(RFQ#11-054).(Approvedby
EngineeringServicesCommitteeApril11,2011)
Background:TheUtilitiesDepartmentthroughtheProcurementDe partment
preparedandadvertisedaRequestofQualification fortheupdate
toAUD’sWaterandWastewaterSystemsMasterPlan.The
RFQ’swereopenedonJanuary26,2011.Sincethe submittalof
theRFQ’s,boththeUtilitiesDepartmentandProcur ement
Departmenthavebeeninvolvedintheprocessofran kingthe
qualifiedfirms.Thisprocessbeganwithareviewo fthe
informationsubmittedfrominterestedfirms,contin uedwitha
shortlistingofqualifiedfirms,andculminatedwi thinterviewsof
thetopfour(4)firmsbyaSelectionCommittee.
Analysis:TheSelectionCommitteeconductedinterviewsonMar ch10,
2011.Atthecompletionoftheinterviews,theSele ction
Committeerankedthefirmsasfollows:1.AECOMInc .2.
ConstantineEngineeringGroup3.BrownandCaldwell 4.Jacobs
EngineeringGroupUponapprovalbytheAugustaComm ission,
theUtilitiesDepartmentwillbeginnegotiationswi ththetop
rankedfirm.Ifnegotiationsforamutuallyaccepta bleagreement
cannotbereached,wewouldliketoreservetherig httonegotiate
withtheremainingfirmsintheorderasshown.
FinancialImpact:Nofundsarebeingrequestedatthistime.Thecost forWaterand
WastewaterMasterPlanupdatewillbebroughttoth e
Commissionwhennegotiationsarecompleted.
Alternatives:IftheAugustaUtilitiesDepartmentcannotreachas atisfactory
agreementwiththetoprankedfirm,theremainingf irmsshouldbe
consideredfornegotiationsintheorderasshown.
Cover Memo
Item # 31
Recommendation:WerecommendtheCommissionauthorizethenotificat ionofthe
selectionresultstoperspectivefirmsandproceedw ith
negotiationsofacontractwiththetoprankedfirm ,AECOMfor
theupdatetoAUD’sWaterandWastewaterSystemsMa sterPlan
(RFQ#11-054)
FundsareAvailable
intheFollowing
Accounts:
Nofundsarebeingrequestedatthistime.
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 31
Item # 31
REQUEST FOR QUALIFICATIONS
Request for Qualifications will be received at this office until Wednesday, January 12, 2011 @ 3:00 p.m. FOR
FURNISHING:
RFQ Item #11-054 Water and Wastewater System Master Plan for Utilities Department
RFQ Item #11-055 Utility Business Plan for Utilities Department
RFQ Item #11-056 Water and Wastewater Rate Study for Utilities Department
RFQ Item #11-059 Watershed Assessment/Source Water Assessment Plan for Utilities
Department
RFQ Item #11-077 Emergency Response Plan for Utilities Department
RFQ Item #11-080 Leak Detection Study for Utilities Department
RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street
– Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the
Procurement Department by Tuesday, December 28, 2010 @ 5:00 p.m. by fax at 706-821-2811 or by email
@ procbidandcontract@augustaga.gov. No RFQ will be accepted by fax, all must be received by mail
or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid
package.
No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number
of copies needed, the timing of the submission, the required financial data, and any other requirements
designated by the Procurement Department are considered material conditions of the bid which are not waiveable
or modifiable by the Procurement Director. Please mark RFQ number on the outside of the envelope.
Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE,
MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the
Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business
Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds,
Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in
accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle December 2, 9, 16, 23, 2010
Metro Courier December 8, 2010
cc: Tameka Allen Interim Deputy Administrator
Tom Wiedmeier Utilities Department
Drew Goins Utilities Department
Attachment number 2
Page 1 of 1
Item # 31
VENDORS Attachment B Bidders Form
Addendums
1 & 2 Original 7 Copies
AECOM
1360 Peachtree Street, NE Ste 500
Atlanta GA 30309
YES YES YES YES YES
Brown & Caldwell
990 Hammond Drive Ste 400
Atlanta GA 30328
YES YES YES YES YES
CH Guernsey & Company
1100 Circle 75 Parkway Ste 1530
Atlanta GA 30339
YES YES YES YES YES
Constantine Engineering
6400 Peake Road
Macon GA 31210
YES YES YES YES YES
Dewberry
2835 Brandywine Road Ste 100
Atlanta GA 30341
YES YES YES YES YES
Jacobs Engineering Group
6801 Governors Lake Pkwy Bldg 200
Norcross GA 30071
YES YES YES YES YES
Parsons Brinckerhoff
3340 Peachtree Road, NE Ste 2400
Tower Place 100
Atlanta GA 30326
YES YES YES YES YES
Stevenson & Palmer
723 Industrial Park Drive, Suite 2
Evans, GA 30809
YES YES YES YES YES
Woodard & Curran
2905 Premiere Parkway, Suite 175
Duluth, GA 30097
YES YES YES YES YES
Heery International
999 Peachtree Street, NE Suite 300
Atlanta, GA 30309
RFQ Item #11-054
Water and Wastewater System Master Plan
for the City of Augusta - Utilities Department
RFQ Due: Wednesday, January 26, 2011 @ 11:00 a.m.
SUBMITTED NO BID RESPONSE
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Item # 31
CommissionMeetingAgenda
4/19/20115:00PM
G-DOTGatewayGrantAward
Department:
Caption:Motionto ratify theagreementbetweenAugusta,Ga.andLamar
AdvertisingCompanyinassociationwiththeGATEWAY grant
awardfromtheGeorgiaDepartmentofTransportation inthe
amountof$50,000.
Background:TheCitymustsubmitanagreementfromthebillboar downerfor
anyworkinArea1within30daysofthegrantawar dnoticein
ordertoreceivethegrant.
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 32
Attachment number 1
Page 1 of 3
Item # 32
Attachment number 1
Page 2 of 3
Item # 32
Attachment number 1
Page 3 of 3
Item # 32
CommissionMeetingAgenda
4/19/20115:00PM
Minutes
Department:ClerkofCommission
Caption:Motionto approvetheminutesoftheregularmeetingofthe
CommissionheldMarch30,2011andSpecialCalledL egal
MeetingheldApril11,2011.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 33
CommissionMeetingAgenda
4/19/20115:00PM
District8appointments
Department:
Caption:Motionto approvethefollowingappointments/reappointments
representingDistrict8:BrianTucker ,CitizenSmallBusiness
AdvistoryBoard;RobertCheek ,PublicFacilities,Inc.;Gene
Workman,AnimalControlBoard;DavidPenix ,Riverfront
DevelopmentReviewBoard;ThomasL.Atkins ,Personnel
Board;PaulMuckenfuss ,AugustaPortAuthority;Ashbury
Lawton,Jr .,GeneralAviationCommission;BrentWeir ,
PlanningCommission;MikeRussel l,HistoricPreservation
Commission;SidMullis,TreeCommission;RobertWoodhurst ,
CanalAuthority;EvettDavis ,BoardofZoningAppeals;and
DougLively ,AugustaAviationCommission.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 34
Attachment number 1
Page 1 of 7
Item # 34
Attachment number 1
Page 2 of 7
Item # 34
Attachment number 1
Page 3 of 7
Item # 34
Attachment number 1
Page 4 of 7
Item # 34
Attachment number 1
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Item # 34
Attachment number 1
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Item # 34
Attachment number 1
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Item # 34
CommissionMeetingAgenda
4/19/20115:00PM
District9appointment
Department:
Caption:Motionto approvetheappointmentof PauletteCurry to
AugustaAviationCommissionrepresentingDistrict9 duetothe
resignationofBernardSilverstein.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 35
CommissionMeetingAgenda
4/19/20115:00PM
LegislativeAppointments
Department:
Caption:Motionto ratifythefollowingARCLegislativeDelegation
appointments/reappointmentstovariousARCBoards,Authorities
andCommissions:ElmyriaChivers ,BoardofZoningAppeals
replacingKellyMcKnight;HartleyGibbons ,CitizensAdvisory
Board;CedricJ.Johnson ,ColiseumAuthority;BoardofTax
Assessor's RobertO'NealandBrianSimpkins .
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 36
Attachment number 1
Page 1 of 1
Item # 36
CommissionMeetingAgenda
4/19/20115:00PM
Affidavit
Department:ClerkofCommission
Caption:Motionto authorizeexecutionbytheMayoroftheaffidavitof
compliancewithGeorgia'sOpenMeetingAct.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 37