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HomeMy WebLinkAbout2020-01-21 Meeting AgendaCommission Meeting Agenda Commission Chamber 1/21/2020 2:00 PM INVOCATION: Pastor Mike Hearon, Lead Pastor First Presbyterian Church of Augusta. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) December 2019 Employee of the Month recipient A. Congratulations! Mr. Charlie King, Information Technology Department December 2019 Employee of the Month. Attachments Five (5) minute time limit per delegation DELEGATIONS B.Messrs. Jim Stiff, George Snelling and Toney Cross regarding their opposition to zoning request (Z-20-01) 3133 Washington Road, Augusta, GA 30907. Attachments CONSENT AGENDA (Items 1-29) PLANNING 1. FINAL PLAT – WRIGHTS POINT – S-903 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Johnson Laschober & Associates, on behalf of Edith Peebles, requesting final plat approval for Wrights Point. This single family residential development is located 1477 Wrightsboro Road and contains 13 lots. DISTRICT 1 Attachments 2. Z-19-50 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Augusta Cyberworks 2, LLC requesting a requesting a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property containing approximately 9.58 acres and known as 1697 Broad Street. Tax Map 035-2-034-00-0 . DISTRICT 1 1. This development shall substantially comply with the concept plan. 2. Final plans must be approved by the Riverfront Development Review Board prior to construction. Attachments 3. Z-20-01 - A request for concurrence with the Augusta Georgia Planning Commission to approvewith the conditions below a petition by WSM Ventures, LLC, on behalf of Evans Best, LLC, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing 0.36 acres and known as 3133 Washington Road. Tax Map 011-0-025-02-0 DISTRICT 7 1. The current development standards and regulations shall be met when submitting a site plan. Attachments 4. Z-20-02 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Gateway Development Corp., on behalf of The Estate of Robert Allen Denton, requesting a change of zoning from Zone R-MH (Manufactured Home Residential), Zone LI (Light Industry) and Zone B-2 (General Business) to Zone R-3B (Multiple-family Residential) affecting property containing 18.74 acres and known as 3695 Peach Orchard Road. Tax Map 155-0-051-00-0 DISTRICT 6 1. This development shall substantially comply with the concept plan. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA. Attachments PUBLIC SERVICES 5.Motion to approve retaining Alcohol License and Business License for Ms. Ollie W. Lee, d/b/a: The Private “I”, 2507 Thomas Lane, as is and the business owners meet with the Sheriff's Department to discuss recommendations to provide for the safety and security of the employees and patrons who come to the business. (Approved by Public Services Committee January 14, 2020) Attachments 6.Motion to approve Adding Dance: A.N. 19-47: request by Ollie W. Lee to add Dance to the Existing business known as Private "I" located at 2507 Thomas Lane. District 5. Super District 9. (Approved by Public Services Committee January 14, 2020) Attachments ADMINISTRATIVE SERVICES 7.Motion to approve Utilities Department requests the purchase of 4 pickup trucks and 1 small SUV for various divisions at a total cost of $148,252.00 from Allan Vigil Ford. Bid 19-280 and Bid 19-275. (Approved by Administrative Services Committee January 14, 2020) Attachments 8.Motion to approve the purchase of one 2020 Ford Transport Van for the Augusta Regional Airport for $37,091. Bid Item 19-281.(Approved by Administrative Services Committee January 14, 2020) Attachments 9.Motion to approve purchases on the individual purchase orders that will exceeds $25,000.00 per order. The following annual bid item requires Commission approval: Utilities 20-060 Chemicals; Recreation 20-045 Athletic Clothing. (Approved by Administrative Services Committee January 14, 2020) Attachments 10.Motion to approve the Utilities Department - Construction Division requests the replacement of one sewer rodder truck from Jet Vac Equipment Company of Sumter, S.C. for $135,085. (Approved by Administrative Services Committee January 14, 2020) Attachments 11.Motion to approve the five-year service agreements for the Judicial Center ($83,933.40), Webster Detention Center ($186,433.49), Municipal Building ($116,676.22) and Sheriff’s Office ($37,287.07) provided by Trane, Inc., as the original equipment manufacturer. (Approved by Administrative Services Committee January 14, 2020) Attachments 12.Motion to approve Housing and Community Development Department’s (HCD's) request to contract with Antioch Ministries to reconstruct one Attachments (1) affordable, multi-family duplex unit on Twiggs Street. (Approved by the Administrative Services Committee January 14, 2020) 13.Motion to approve setting the qualifying fees for Local Elective Offices up for Election in 2020(Approved by Administrative Services Committee January 14, 2020) . Attachments PUBLIC SAFETY 14.Motion to approve and accept 2020 Supplemental Grant funds from the Criminal Justice Coordinating Council for Richmond County DUI and Veterans Courts. (Approved by Public Safety Committee January 14, 2020) Attachments 15.Motion to approve the Emergency Management Ordinance and authorize the Mayor to sign the ordinance. (Approved by Public Safety Committee January 14, 2020) Attachments 16.Motion to approve of MOU with Augusta University for the Applied Learning Experience. (Approved by Public Safety Committee January 14, 2020) Attachments 17.Motion to approve Dedication Plaque for New Fire Station #2. (Approved by Public Safety Committee January 14, 2020)Attachments ENGINEERING SERVICES 18.Motion to approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-226, from Yancey Brothers as the compliant bidder with no exceptions. (Approved by Engineering Services Committee January 14, 2020) Attachments 19.Motion to approve second quarter work session on the storm water program. (Approved by Engineering Services Committee January 14, 2020) Attachments 20.Motion to approve Supplemental Agreement One and PE phase design phase (Task Order #2) to Hussey Gay Bell and DeYoung in the amount of $419,581.00 for the Enhance Operations at Wheeler Road and Robert C Daniel Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. RFQ 17-127 (Approved by Engineering Services Committee January 14, 2020) Attachments 21.Motion to approve Supplemental Agreement One and PE design phase (Task Order #2) to Hussey Gay Bell and DeYoung in the amount of $408,715 for the Barton Chapel Road @ Gordon Hwy Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. RFQ 17-127 (Approved by Engineering Services Committee January 14, 2020) Attachments 22.Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering Department and the Augusta Utilities Department for Hayne's Station, Phase X. (Approved by Engineering Services Committee January 14, 2020) Attachments 23.Motion to approve award of the On-Call ITS Construction & Emergency Repair contract to Southeast Utilities of Georgia, Inc. Award is contingent upon receipt of signed contracts and required documents for the AED. RFP #20-100. (Approved by Engineering Services Committee January 14, 2020) Attachments 24.Motion to authorize condemnation to acquire title of a portion of property for permanent easement (Parcel 154-0-213-00-0) 2430 Tobacco Road, Lot E. (Approved by Engineering Services Committee January 14, 2020) Attachments 25.Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 153-0-414-00-0) 3724 Tahitian Trail. (Approved by Engineering Services Committee January 14, 2020) Attachments 26.Motion to approve the renaming of River Shoals Parkway to Topgolf Way.(Approved by Engineering Services Committee January 14, 2020) Attachments 27.Motion to approve Supplemental Agreement One and PE Design Phase (Task Order 2) to Hussey Gay Bell and DeYoung (HGB) in the amount of $836,591 for the Wheeler Road Multimodal Corridor Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. RFQ 17-127 (Approved by Engineering Services Committee January 14, 2019) Attachments PETITIONS AND COMMUNICATIONS 28.Motion to approve the minutes of the regular meeting and the Special Called meetings of the Augusta Commission held January 8, and January 14, 2020. Attachments APPOINTMENT(S) 29.Motion to approve the appointment of Ms. Ronic West to the Augusta Aviation Commission and Mr. Christopher Mulliens to ARC Library Board of Trustees representing District 2. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 1/21/2020 AUGUSTA COMMISSION REGULAR AGENDA 1/21/2020 (Items 30-41) PUBLIC SERVICES 30.Motion to approve Planning & Development Department recommendations to amend Augusta, Georgia Code, SIDEWALK ENCROACHMENTS, Section 3-8-11 so as provide regulations for right- of-way encroachments / sidewalk café, definitions to include entertainment zone, permit requirements, and general regulations, to Waive the Second Reading, and to provide an effective date. (No recommendation from Public Services Committee January 14, 2020) Attachments 31.Motion to approve Planning & Development Department recommendation to amend Augusta, Georgia Code, Noise, Section 3-6-2 (b and d), so as to amend the hours for events in the Entertainment Zone, to Waive the Second Reading, and to provide an effective date. (No recommendation from Public Services Committee January 14, 2020) Attachments 32.Motion to approve Planning & Development Department recommendation amending Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Section 2 -1-3(c), so as to establish the regulatory fee for Right-of-Way Encroachment / Sidewalk Café Permit, to Waive theSecond Reading, and to provide an effective date. (No recommendation from Public Services Committee January 14, 2020) Attachments ADMINISTRATIVE SERVICES 33.Discuss the hiring process for the position of Administrator. (No recommendation from Administrative Services Committee January 14, 2020) Attachments 34.Approve advertising for Administrator and Recreation Director position. (Requested by Commissioner Marion Williams)Attachments 35.Discuss the current expired lease agreement with the CSRA Humane Society, Inc. of the old City Stockade, 425 Wood. St. (Requested by Commissioner Ben Hasan) Attachments PUBLIC SAFETY 36.Motion to approve contract with Medical Associates Plus to provide Medical Assisted Treatment to the Richmond County State Court Accountability Court Programs. (No recommendation from Public Safety Committee January 14, 2020) Attachments ENGINEERING SERVICES 37.Augusta Regional Airport Standard Aero Facility Entrance Turn Lane Update. Also, Approve Turn Lane as Designed and Authorize Its Construction utilizing Augusta Engineering Department On-Call Services at Cost not to exceed $150,000. Requested by AED. (No recommendation by Engineering Services Committee January 14, 2020) . Attachments 38.Motion to approve naming the entrance road to the Augusta Municipal Golf Course off Damascus Road in honor of Mr. Jim Dent. (Requested by Commissioner Bill Fennoy) Attachments 39.Motion to approve the renaming the 1200 Block of Druid Park Avenue to "David Peterson Way" (Requested by Commissioner Bill Fennoy)Attachments APPOINTMENT(S) 40.Motion to approve the reappointment of Ms. Juanita Burney to the Augusta-Richmond County Board of Assessors representing Super District 10. (Requested by Commissioner Ben Hasan) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 41.Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 1/21/2020 2:00 PM Invocation Department: Department: Caption:Pastor Mike Hearon, Lead Pastor First Presbyterian Church of Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM December 2019 Employee of the Month recipient Department:Human Resources Department:Human Resources Caption: Congratulations! Mr. Charlie King, Information Technology Department December 2019 Employee of the Month. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AUGUSTA, GEORGIA EMPLOYEE RECOGNITION COMMITTEE January 14, 2020 Mayor Davis: The Employee Recognition Committee has selected Charlie King as the December 2019 Employee of the Month for Augusta, Georgia. Mr. King works with the Augusta Information Technology Department where he has been employed for 2 years. He was nominated by Michele Pearman, Information Technology GIS Manager I would like to recognize Charlie King for Employee of the Month for the City of Augusta for the Month of December. As the IT-GIS Manager, I was previously tasked with being the Project Manager for Cityworks and Information Technologies Software Consolidation Plan, this honor has transitioned to Charlie King because of his creative technical expertise, exemplary customer service, unwavering dedication and proven leadership. Charlie King is a great asset to Augusta and our IT-GIS team. He brings a positive attitude, innovative spirt, great disposition to each challenge and displays grace under pressure. Whether he is working one-on-one with someone or training a room full of clients, he is patient, calm and has the ability to build confidence in the trainees. Charlie is part of an IT team that supports over 700 clients and a workforce of over 300 mobile employees. Charlie King’s software configuration abilities have saved the city thousands in implementation costs associated with transitioning numerous business processes and departments from customized unsustainable solutions to a city-wide collaboration software. One example is the transitioning of the Marshal's Office to Cityworks from an in-house solution that lacked comprehensive reporting, or capabilities for supervisor oversight, attachments, mobility, and time tracking. The project was completely designed and configured by Charlie. Charlie was an essential part of the IT team that deployed electronic plan review which has been praised by the Planning Department and developers alike. A once antiquated all paper process which lacked comprehensive reporting, and hindered communication between departments. Cityworks was leveraged as a collaboration tool for the GIS Team, Planning & Development, Engineering, Utilities, Fire Department, Traffic Engineering, Health Department, and Tree Commission to complete timely reviews. Charlie King is a valuable team member, supporting Augusta's mission to have a successful Asset Management Program this program will support state and federal reporting, deploy funding prediction analysis, and provide citizens with the reporting and the transparency needed by utilizing Cityworks. Based on this nomination and Charlies’ outstanding service, The Employee Recognition Committee would appreciate you joining us in recognizing Charlie King as the December 2019 Employee of the Month. Thank you, AUGUSTA, GEORGIA EMPLOYEE RECOGNITION COMMITTEE The Employee Recognition Committee: Sylvia Williams, Committee Chairperson Pamela Griffin, Employee Relations Takiyah A. Douse, Central Services Edeltraud Coleman, Finance Linda Jones, Utilities Carla S. Moore, Tax Assessor’s Office Lt. Robert Silas, Sheriff’s Office Commission Meeting Agenda 1/21/2020 2:00 PM Mr. Jim Stiff Department: Department: Caption:Messrs. Jim Stiff, George Snelling and Toney Cross regarding their opposition to zoning request (Z-20-01) 3133 Washington Road, Augusta, GA 30907. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Final Plat - Wrights Point Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – WRIGHTS POINT – S-903 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Johnson Laschober & Associates, on behalf of Edith Peebles, requesting final plat approval for Wrights Point. This single family residential development is located 1477 Wrightsboro Road and contains 13 lots. DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Z-19-50 Department:Planning and Development Department:Planning and Development Caption: Z-19-50 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Augusta Cyberworks 2, LLC requesting a requesting a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property containing approximately 9.58 acres and known as 1697 Broad Street. Tax Map 035-2-034-00-0 . DISTRICT 1 1. This development shall substantially comply with the concept plan. 2. Final plans must be approved by the Riverfront Development Review Board prior to construction. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Z-20-01 Department:Planning and Development Department:Planning and Development Caption: Z-20-01 - A request for concurrence with the Augusta Georgia Planning Commission to approvewith the conditions below a petition by WSM Ventures, LLC, on behalf of Evans Best, LLC, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing 0.36 acres and known as 3133 Washington Road. Tax Map 011-0-025-02-0 DISTRICT 7 1. The current development standards and regulations shall be met when submitting a site plan. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Z-20-02 Department:Planning and Development Department:Planning and Development Caption: Z-20-02 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Gateway Development Corp., on behalf of The Estate of Robert Allen Denton, requesting a change of zoning from Zone R-MH (Manufactured Home Residential), Zone LI (Light Industry) and Zone B-2 (General Business) to Zone R-3B (Multiple-family Residential) affecting property containing 18.74 acres and known as 3695 Peach Orchard Road. Tax Map 155-0-051-00-0 DISTRICT 6 1. This development shall substantially comply with the concept plan. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Alcohol License Hearing Department:Planning & Development Department:Planning & Development Caption:Motion to approve retaining Alcohol License and Business License for Ms. Ollie W. Lee, d/b/a: The Private “I”, 2507 Thomas Lane, as is and the business owners meet with the Sheriff's Department to discuss recommendations to provide for the safety and security of the employees and patrons who come to the business. (Approved by Public Services Committee January 14, 2020) Background:The owner of The Private “I” has a business license to operate a lounge that includes a comedy club, and an alcohol license to serve liquor, wine and beer. Over the past few months the Sheriff’s Office has observed several Alcohol Ordinance and Business License ordinance violations, and is requesting that the Commission take action against the Alcohol and Business Licenses. (Attached letter from the Sheriff’s Office) Analysis:The Sheriff’s Office is requesting that the Commission take action against the license holder. The Alcohol License and the Business License can be suspended, revoked or placed on probation pursuant to the following Codes: OCCUPATION TAX CODE Sec. 2-1-38. Right to deny, suspend, or revoke a business tax certificate. (a) A Business Tax Certificate under this Chapter may be denied, suspended, or revoked if one or more of the following exists: (3) The applicant or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for regulating such business. (6) The applicant or holder of the certificate fails to adequately supervise and monitor the conduct of the employees, patrons and others on the subject premises, or on any property owned or leased by the applicant or holder, including but not limited to parking lots and parking areas, or on any parking lots or areas which may be lawfully used by patrons of the establishment of the applicant or Cover Memo holder, in order to protect the safety and well-being of the general public and of those using the properties. ALCOHOL CODE Sec. 6-2-14. Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time, whichever is in effect: (1) Holders of Class A, C, E, G H, I, J, K, L, M, and N licenses (on-premises consumption of Beer, Wine and Liquor, Brewpubs, Brewery, Micro Brewery, Nano Brewery, Pico Brewery, Distillery, Nano Distillery, and Pico Distillery) shall not open for business earlier than 8:00 a.m. Monday through Friday and may serve any authorized alcoholic beverage until 2:30 a.m. on the next following day; provided, further that said premises shall be vacated of all persons, including employees, by no later than 3:00 a.m. On Saturday, consumption on-premises license holders shall not open for business earlier than 8:00 a.m. and may serve authorized alcoholic beverages until 11:55 p.m. on Saturdays and the two (2) hours immediately following such time; provided, further, that said premises shall be vacated of all persons, including employees, by no later than 2:30 a.m. on Sunday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided, however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 3:00 a.m. Tuesday through Saturday and 2:30 a.m. Sunday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. Sec. 6-2-21. Premises to be kept in orderly manner, with outside gatherings of patrons restricted. (a) Owners and/or applicant, managers and employees shall be responsible for keeping an orderly place, and no patron shall cause a disturbance of any kind; nor shall any patron be allowed to stand, sit, mingle or assemble outside the building, in parking lots or autos, and drink alcoholic beverages except as provided in subparagraph (b) hereof. (b) Businesses with on-premises alcoholic beverage consumption licenses may serve alcoholic beverages only within the definite closed locality, whether room, shop or building, where alcoholic beverages are sold by the drink. However, any business with such license, which has an outside patio area that is actually and permanently attached to the main building, may serve alcoholic beverages in the patio area; provided, however, a bar may not be set up in such an outside patio area, nor are portable bars, beer tents or other such facilities for the sale of alcoholic beverages permitted. Sales through doorways or windows to sidewalks, parking lots, or patio areas are also prohibited. (d) The alcohol license holder, or manager of an on-premise consumption alcohol licensed business, or any person giving any public amusement show, exhibition or performance, any public ball, any dances either public or private, or any gathering at public facilities when alcohol is being served, or on any occasion where Cover Memo the Chief of the Fire Department and/or Sheriff determine in their sole discretion that due to the nature of the function and/or facility, attendance of sheriff's deputies and/or firefighters is necessary, it is then the responsibility of the alcohol license holder, or other person mentioned, to comply with the chief of the fire department and/or sheriff’s decision. (e) Any manager or other person mentioned in the preceding section shall apply to the sheriff's department and the fire department to learn whether or not the attendance of deputies and/or firefighters is required. Sec. 6-2-32. Violations; unlawful activities. (a) Any person holding any license issued pursuant to this Ordinance or any employee or agent of such person who violates any provision of this Ordinance, or directs, consents to, permits, or acquiesces in such violation, either directly or indirectly shall, by such conduct, subject the license to suspension or revocation. For purposes of administering and enforcing this Ordinance, any act committed by an employee, agent or representative of a licensee shall be deemed to be an act of such licensee. (b) It shall be a violation of this Ordinance for any licensee to permit any person to engage in any activity on the premises for which the license is issued or within the place of business, which is in violation of the laws or regulations of any federal, state, county or municipal governing authority or regulatory agency. With respect to any such activity, it shall be rebuttably presumed that the same was done with the knowledge or consent of the licensee; provided however, that such presumption may be rebutted only by evidence which precludes every other reasonable hypothesis save that such licensee did not know, assist or aid in such occurrence, or in the exercise of full diligence could not have discovered or prevented such activity. Sec. 6-2-74. Probation, Suspension & Revocation (Alcohol License). Any license issued under this Ordinance may be put on probation, suspended and/or revoked by the Augusta-Richmond County Commission after a finding of due cause. Due cause for the probation, suspension or revocation of a license shall include but shall not be limited to, the following: (a) A violation of this Ordinance or any State or federal law governing the manufacture, transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the employ of the establishment for which the license was issued. Financial Impact:N/A Alternatives:N/A Recommendation:Suspend the Business License and Alcohol License for ninety (90) days, place the Business License and Alcohol License on probation for a period of one (1) year beginning the last day of the ninety day suspension. Cover Memo Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo December 9, 2019 Robert Sherman Asst. Director Augusta-Richmond County Planning and Development 1850 Marvin Griffin Rd Augusta, Ga. 30906 Re: 2507 Thomas Lane (Private I) Mr. Sherman, In recent months this office has had contact with the management of Private I, as it relates to operation of the business as well as the conduct that is allowed to exist within and surrounding it. The clubs Management has been counseled and advised about the Sale of alcohol and hours of operation. Members of the Sheriff’s Office have been to this location due to alcohol sales past permitted hours and operation past permitted hours. Investigator Ortiz inspected the property on October 19 at approximately 0300 hours and did observed a few subjects with alcohol. After speaking with the manager they advised alcohol sales were stopped at 0230 and the alcohol which was found was drinks they bought before 0230. On November 9th officers responded to the scene and had to advised Private I of Bar operating hours which the management advised they did not know. The following weekend they did close at the correct times. Investigator Ortiz has been in contact with a security officer who works at this location and was informed that the business was open on November 29th through the morning of the 30th. This employee advised there were people inside the business at 0330 am smoking and eating which is a violation which they were just given a warning for. The same employee also advised there were no officers present while open and the business has been told to have a minimum of 4 deputies working. Text messages have also been captured where the Management has requested only 1 or 2 deputies for certain nights which again is a blatant disregard for the requirements which have been set forth. In addition to the above within the last year there have been several incidents to include but not limited to Murder, Fights involving subjects who were found to be in possession of firearms inside the business, Subjects found to be in possession of firearms and drugs inside and outside of the business, convicted felons in possession of firearms, unlawful street gang activity, Robberies occurring inside and outside of the business involving firearms or the victim believing the suspect had a firearm, damaged property where cars have been shot due to shootings. The club and parking lot were full of patrons when the shootings occurred. In addition to these incidents there have been burglaries, thefts and fights. The Sheriff’s Office is concerned with the safety of the patrons attending Private I along with using needed resources that should be elsewhere. Please consider this a formal request to bring Private I located at 2705 Thomas Lane before the Augusta Richmond County Commission to have their Alcohol license considered for suspension or probation. Respectfully Inv. Jose Ortiz Commission Meeting Agenda 1/21/2020 2:00 PM Dance License Department:Planning & Development Department:Planning & Development Caption:Motion to approve Adding Dance: A.N. 19-47: request by Ollie W. Lee to add Dance to the Existing business known as Private "I" located at 2507 Thomas Lane. District 5. Super District 9. (Approved by Public Services Committee January 14, 2020) Background:This is an Existing Business. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $155.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM 2020 - Utilities Department Pick-Up Trucks Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Utilities Department requests the purchase of 4 pickup trucks and 1 small SUV for various divisions at a total cost of $148,252.00 from Allan Vigil Ford. Bid 19-280 and Bid 19-275.(Approved by Administrative Services Committee January 14, 2020) Background:The Utilities Department - Engineering Division is requesting the replacement of a 2001 Ford Ranger, asset number F00146, with a 2020 Ford Escape that will be used by the Engineering Manager to transport employees and inspect various project sites. They are also requesting the replacement of a 2001 Ford Ranger, asset number F00145, with a 2020 Ford F150 to be used by the Engineering Survey Technician to survey/perform locates for new and existing projects. The Construction Maintenance Division is requesting the purchase of two new 2020 Ford F150 for a Collection Coordinator and a Preventative Maintenance Superintendent. The Max Hicks Filter Plant is requesting the replacement of one 2005 Ford Ranger, asset number 205069 that will be used by the Plant Manager to maintain four water plants and oversee twelve operators. Bid Tab Sheets and vehicle evaluations are attached. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2020 6500 GVWR Pick-up Truck (Bid #19-280). Invitations to Bid were sent to 18 vendors with three vendors responding and one being non-compliant. Bid tab sheets are attached for your review. Bid# 19-280: 2020 Ford F150 – Allan Vigil Ford - $30,606; Gerald Jones – $34,860 Bid# 19-280: 2020 Ford F150 – Allan Vigil Ford - $31,346; Gerald Jones – $35,642 Bid# 19-280: 2020 Ford F150 – Allan Vigil Ford - $29,125; Gerald Jones – $33,385 The Procurement Department published a competitive bid using the Demand Star application for 2020 Compact Sport Utility Vehicle (Bid #19- 275). Invitations to Bid were sent to 20 vendors with two Cover Memo vendors responding. Bid tab sheets are attached for your review. Bid# 19-280: 2020 Ford Escape – Allan Vigil Ford - $25,829; 2020 GMC Terrain - Master Buick - GMC – $29,614 Financial Impact:1 – 2020 Ford F150 @ $30,606; 2 – 2019 Ford F150 @ $31,346each; 1 – 2020 Ford F150 @ $29,125; and 1 – 2020 Ford Escape @ $25,829. The total for purchase orders designated to Allan Vigil Ford is $148,252. (ACCT # 506-04- 3110/54-22210 = $56,435, ACCT# 506-04-3410/54-22210 = $62,692, & ACCT# 506-04-3540/54-22210 = $29,125) Alternatives:(1) Approve the request; (2) approve the request in part; (3) do not approve the request. Recommendation:Approve the purchase of 4 - Ford F150s and 1 – Ford Escape for the Utilities Department. Funds are Available in the Following Accounts: ACCT # 506-04-3110/54-22210 = $56,435, ACCT# 506-04- 3410/54-22210 = $62,692, & ACCT# 506-04-3540/54-22210 = $29,125 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Department: Utilities-Engineering/Admin Funds: 506-04-3110/54-22210 BID 19-280 Year 2020 2,020.00$ Brand Ford Ford Model F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 19,550.00$ 19,948.76$ THRU 11/30/2019 21,157.76$ AFTER 11/30/2019 6.01 5.0L V8 Flex Fuel engine 1,836.00$ $ 1,816.00 6.06 Super Cab (6.5 ft. bed)2,525.00$ $ 3,902.00 6.08 4X4 Option (all models)2,645.00$ $ 4,436.00 6.09 Skid Plates 155.00$ $ 146.00 6.13 Tilt/Cruise 215.00$ $ 205.00 6.14 Cab Steps (black)262.00$ $ 228.00 6.16 Power Windows/locks/mirrors 1,088.00$ $ 883.00 6.36 Spray Bed Liner 375.00$ $ 400.00 6.43 Delivery Fee 150.00$ $ 50.00 7.03 Tool Box 500.00$ $ 500.00 7.08 Window Tint, ext cab 185.00$ $ 180.00 7.14 County Emergency Package 895.00$ $ 898.00 Extra Key 225.00$ $ 58.24 OPTIONS TOTAL 11,056.00$ 13,702.24$ BASE PRICE: 19,550.00$ $ 21,157.76 TOTAL FOR OPTIONS AND BASE PRICE 30,606.00$ 34,860.00$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:OXFORD WHITE 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GREY/DARK Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 10/08/2019 @ 11:00 Gerald Jones Allan Vigil Ford Department: Utilities-Construction & Maintenance Funds: 506-04-3410/54-22210 BID 19-280 Year 2020 2,020.00$ Brand Ford Ford Model F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 19,550.00$ 19,948.76$ THRU 11/30/2019 21,157.76$ AFTER 11/30/2019 6.01 5.0L V8 Flex Fuel engine 1,836.00$ $ 1,816.00 6.06 Super Cab (6.5 ft. bed)2,525.00$ $ 3,902.00 6.08 4X4 Option (all models)2,645.00$ $ 4,436.00 6.09 Skid Plates 155.00$ $ 146.00 6.13 Tilt/Cruise 215.00$ $ 205.00 6.14 Cab Steps (black)262.00$ $ 228.00 6.16 Power Windows/locks/mirrors 1,088.00$ $ 883.00 6.19 Trailer Tow Package 555.00$ $ 542.00 6.36 Spray Bed Liner 375.00$ $ 400.00 6.43 Delivery Fee 150.00$ $ 50.00 7.03 Tool Box 500.00$ $ 500.00 7.04 Trailer Hitch 150.00$ $ 170.00 7.05 Trailer Wiring See 6.19-6.20 $ 40.00 7.06 Trailer Ball 35.00$ $ 30.00 7.08 Window Tint, ext cab 185.00$ $ 180.00 7.14 County Emergency Package 895.00$ $ 898.00 Extra Key 225.00$ $ 58.24 OPTIONS TOTAL 11,796.00$ 14,484.24$ BASE PRICE: 19,550.00$ $ 21,157.76 TOTAL FOR OPTIONS AND BASE PRICE 31,346.00$ 35,642.00$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:OXFORD WHITE 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GREY/DARK Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 10/08/2019 @ 11:00 Gerald Jones Allan Vigil Ford Department: Utilites-Max Hicks Filter Plant Funds: 506-04-3540/54-22210 BID 19-280 Year 2020 2,020.00$ Brand Ford Ford Model F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 19,550.00$ 19,948.76$ THRU 11/30/2019 21,157.76$ AFTER 11/30/2019 6.06 Super Cab (6.5 ft. bed)2,525.00$ $ 3,902.00 6.08 4X4 Option (all models)2,645.00$ $ 4,436.00 6.09 Skid Plates 155.00$ $ 146.00 6.13 Tilt/Cruise 215.00$ $ 205.00 6.14 Cab Steps (black)262.00$ $ 228.00 6.16 Power Windows/locks/mirrors 1,088.00$ $ 883.00 6.34 Tailgate Step 355.00$ $ 341.00 6.36 Spray Bed Liner 375.00$ $ 400.00 6.43 Delivery Fee 150.00$ $ 50.00 7.03 Tool Box 500.00$ $ 500.00 7.08 Window Tint, ext cab 185.00$ $ 180.00 7.14 County Emergency Package 895.00$ $ 898.00 Extra Key 225.00$ $ 58.24 OPTIONS TOTAL 9,575.00$ 12,227.24$ BASE PRICE: 19,550.00$ $ 21,157.76 TOTAL FOR OPTIONS AND BASE PRICE 29,125.00$ 33,385.00$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:OXFORD WHITE 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GREY/DARK Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 10/08/2019 @ 11:00 Gerald Jones Allan Vigil Ford Department:Utilities-Engineering/Admin BID 19-275 Year 2020 2020 Brand Ford GMC Model Escape Terrain Delivery Date 90-120days 6-8weeks ARO 5.01 2020 Compact SUV, 4-Door $ 20,825.00 $ 27,642.00 6.01 4X4 Drivetrain $ 2,950.00 $ 1,600.00 6.02 Cargo Mat Area $ 88.00 $ 172.00 6.05 All Weather Mats $ 120.00 $ 200.00 6.06 Reverse Sensing $ 238.00 N/A 6.14 Delivery Fee per Vehicle $ 150.00 $ - 7.7 County Emergency Equipment Package $ 1,458.00 $ - OPTIONS TOTAL $ 5,004.00 $ 1,972.00 TOTAL FOR OPTIONS AND BASE PRICE 25,829.00$ 29,614.00$ FOR ALL DEPARTMENTS- 2020 Compact SUV-BIDS OPENED 9/6/19 @ 11:00 Master Buick GMCAllan Vigil Ford Funds: 506-04-3110/54-22210 Commission Meeting Agenda 1/21/2020 2:00 PM 2020 Airport Passenger Van Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the purchase of one 2020 Ford Transport Van for the Augusta Regional Airport for $37,091. Bid Item 19- 281.(Approved by Administrative Services Committee January 14, 2020) Background:The Augusta Regional Airport is requesting the purchase of one 15-Passenger Van to accommodate passenger and crew members traveling through the General Aviation Facility. The current airport shuttle became inoperable in mid-2018 and not repaired. The Augusta Regional Airport Commission has approved this purchase per the attached memorandum. The van will be purchased using GMA Lease. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2019/2020 15 Passenger Van (Bid #19-281). Invitations to Bid were sent to 18 vendors with two vendors responding. Bid tab sheets are attached for your review. Financial Impact:1- 2020 Ford T350 Van @ $37,091. (GMA LEASE ACCT# 631-10-1110/54-99631) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one 15-Passenger Van at $37,091 for the Augusta Regional Airport to be purchased using GMA Lease. Funds are Available in the Following Accounts: (GMA LEASE ACCT# 631-10-1110/54-99631)Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation to Bid Sealed bids will be received at this office until Tuesday, October 8, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-280 2020 6500GVWR Pickup Truck Bid Item #19-281 2019/2020 15 Passenger Van Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. 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 Friday, September 20, 2019 @ 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 an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. 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. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition 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. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 29, September 5, 12, 19, 2019 Metro Courier August 29, 2019 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Wade Ford 3860 South Cobb Dr Smyrna, GA 30080 Attachment B Yes Non-Compliant Not Notarized Yes E-Verify Number 94460 665555 314470 SAVE Form Yes Non-Compliant Not Notarized Yes Year 2020 2020 2020 Make Ford GMC Ford Model Transit T350 Savana Transit Approximate Delivery Schedule Feb-20 Est. 20-24 wks 5.01 15 Passenger Van w/ Meduim Roof $35,891.00 $33,796.00 $35,328.00 5.02 15 Passenger Van w/ High Roof $38,173.00 No Bid $36,598.00 6.01 Amber Emergency Light $650.00 No Bid $493.00 Exceptions Exceptions 15 Passenger Van: Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 19 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 5.00 Vehicle/Optionals Required: 6.00 Outfitter Specialty Items Installed: Bid Opening Bid Item #19-281 2019/2020 15 Passenger Van for Augusta, Georgia- Central Services Department - Fleet Maintenance Division Bid Due: Tuesday, October 8, 2019 @ 11:00 a.m. Page 1 of 1 Commission Meeting Agenda 1/21/2020 2:00 PM 2020 Annual Bid Recommendation of Award Department:Procurement Department:Procurement Caption:Motion to approve purchases on the individual purchase orders that will exceeds $25,000.00 per order. The following annual bid item requires Commission approval: Utilities 20-060 Chemicals; Recreation 20-045 Athletic Clothing. (Approved by Administrative Services Committee January 14, 2020) Background:Each item has been bid through the sealed bid process as directed in the Augusta Procurement Code. The User Departments have reviewed the submittals and has presented a recommendation of award to the Procurement Department. Analysis:The User Departments are responsible for the purchase of the items listed on the individual bids. Financial Impact: Alternatives:Not to award and require the User Departments to follow the purchasing guidelines as listed in the Augusta Procurement Code for each individual purchase. Recommendation:Approve the recommendation as submitted by the User Departments. Funds are Available in the Following Accounts: Various funds provided by the User Departments. REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM 2020 Sewer Rodder Truck Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the Utilities Department - Construction Division requests the replacement of one sewer rodder truck from Jet Vac Equipment Company of Sumter, S.C. for $135,085. (Approved by Administrative Services Committee January 14, 2020) Background:The Utilities Department - Construction Division is requesting to purchase a replacement sewer rodder truck to remove sludge, obstructions and tree roots within the sewer system. The loss of Asset # F02132, which was a Ford F-450 sewer rodder truck, has left a shortage within the Construction Division. This negatively affects their ability to handle pipe obstructions that occur. The vehicle which is being replaced, asset # F02132, was a Ford F-450 sewer rodder truck that was initially acquired in 2003 at a cost of $63,047. The vehicle was recommended for disposal and sold on GovDeals.com after the engine failed on the vehicle in June 2019. At the time of disposal, the vehicle accumulated 122 work orders totaling over $39,844 in repairs. The mileage on the vehicle at the time of disposal was 90,514 miles. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Truck, Sewer Rodder. Invitations to bid were sent to fifteen (15) vendors. The vendor, Jet-Vac Equipment Company, from Sumter, SC was the only responding vendor and offered the requested product with necessary specifications. The Procurement Department published a competitive bid using the Demand Star application for a Truck, Sewer Rodder. Invitations to bid were sent to fifteen (15) vendors. The vendor, Jet-Vac Equipment Company, from Sumter, SC was the only responding vendor and offered the requested product with necessary specifications.Cover Memo Financial Impact:One (1) – 2020 Ford F550 Truck with Modell 866 Sewer Rodder Body @ $135,085.00 each. The total purchase is $135,085.00 for the Utilities-Construction Division. The equipment will be purchased with capital funds (ACCT# 506-04-3410/54.22910). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one – 2020 Ford 550 Truck, Sewer Rodder for the Utilities-Construction Division. Funds are Available in the Following Accounts: Utilities Department Capital Funds: 506-04-3410/54.22910 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo BID 19-287 Year 2020 Make Sewer Equipment Model 866 Base Price (5.00)$119,586.00 Delivery Date 180-240 Days ARO 5.02 4 x 4 Drive $2,800.00 5.03 High Capacity Trailer Tow Pkg $600.00 5.04 Trailer Tow Mirrors, Manual Operation STANDARD 5.05 Limited Slip Option $380.00 5.06 Dual Alternators $135.00 5.08 Traffic Safety Triangles (3 EACH)STANDARD 5.10 User Manual For Chassis STANDARD 5.12 Initial Operator Training INCLUDED 5.14 3 Sets of Keys/Toolbox Keys $260.00 6.07 Footage Indicator $441.00 7.01 Compartment Light $354.00 7.03 Plug-in Spotlight $332.00 7.04 Vehicle Mounted Arrow Board $1,251.00 8.01 1500 Feet of Continuous Rod $2,010.00 8.02 20' Hose Guide $987.00 8.03 Hose Guide Bell $166.00 8.06 Two Root Saws $556.00 8.07 Two Augers (4" AND 5")$495.00 8.11 Torque Wrench $350.00 8.12 Rod Bending Kit $240.00 8.14 Connector C-Plugs $312.00 8.15 12-Volt Operator's Station $250.00 8.19 100' Sewer Tape $1,390.00 8.21 Tool Box $1,000.00 9.03 Spotlights $890.00 9.05 Window Tint $300.00 GRAND TOTAL:$135,085.00 FOR ALL DEPARTMENTS-SEWER RODDER TRUCK- BID OPENING 10/25/19 @ 11:00 Specialty Item Description Jet-Vac Equipment Company Invitation to Bid Sealed bids will be received at this office until Friday, October 25, 2019 @ 11:00 a.m. for furnishing for: Bid Item #19-287 Sewer Rodder Truck for Augusta, GA – Central Services Department - Fleet Maintenance Division – Commodity Codes: 04-072-00 Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. 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 Friday, October 11, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. 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. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition 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. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 19, 26, October 3, 10, 2019 Metro Courier September 19, 2019 Commission Meeting Agenda 1/21/2020 2:00 PM Equipment Service Agreements Department:Central Services Department Department:Central Services Department Caption:Motion to approve the five-year service agreements for the Judicial Center ($83,933.40), Webster Detention Center ($186,433.49), Municipal Building ($116,676.22) and Sheriff’s Office ($37,287.07) provided by Trane, Inc., as the original equipment manufacturer. (Approved by Administrative Services Committee January 14, 2020) Background:The previous five year service agreement contracts for the Webster Detention Center, Sheriff’s Office, Judicial Center, and Municipal Building expired on December 31, 2019. The absence of this service contract will leave the HVAC chiller equipment at these facilities susceptible to out of contract expenses, should a need for service arise. The equipment warranty will be void if any other vendor services the equipment. As the original equipment manufacturer, Trane, Inc. is able to provide Augusta preferential service agreements that will aid in limited down time, expedited parts, and timely recurring preventative maintenance. Analysis:Each contract is for five years and includes advanced diagnostic data, annual equipment inspections, quarterly operating inspections, refrigerant usage reports and 24 hours a day service. Proper equipment maintenance can save time and money, by minimizing unscheduled repairs and/or service calls. Financial Impact:Year 1 Total Cost $ 79,924.53 • RCSO Admin $ 7,023.19 • Judicial Center $ 15,809.24 • Webster Detention $ 35,115.60 • Municipal Building $ 21,976.50 Year 2 Total Cost $ 82,322.28 • RCSO Admin $ 7,233.89 • Judicial Center $ 16,283.52 • Webster Detention $ 36,169.07 • Municipal Building $ 22,635.80 Year 3 Total Cost $ 84,791.93 • RCSO Admin $ 7,450.90 • Judicial Center $ 16,772.02 • Webster Detention $ 37,254.14 • Municipal Building $ 23,314.87 Year 4 Total Cost $ Cover Memo 87,335.68 • RCSO Admin $ 7,674.43 • Judicial Center $ 17,275.18 • Webster Detention $ 38,371.76 • Municipal Building $ 24,014.31 Year 5 Total Cost $ 89,955.66 • RCSO Admin $ 7,904.66 • Judicial Center $ 17,793.34 • Webster Detention $ 39,522.92 • Municipal Building $ 24,734.74 Alternatives:Year 1 Total Cost $ 79,924.53 • RCSO Admin $ 7,023.19 • Judicial Center $ 15,809.24 • Webster Detention $ 35,115.60 • Municipal Building $ 21,976.50 Year 2 Total Cost $ 82,322.28 • RCSO Admin $ 7,233.89 • Judicial Center $ 16,283.52 • Webster Detention $ 36,169.07 • Municipal Building $ 22,635.80 Year 3 Total Cost $ 84,791.93 • RCSO Admin $ 7,450.90 • Judicial Center $ 16,772.02 • Webster Detention $ 37,254.14 • Municipal Building $ 23,314.87 Year 4 Total Cost $ 87,335.68 • RCSO Admin $ 7,674.43 • Judicial Center $ 17,275.18 • Webster Detention $ 38,371.76 • Municipal Building $ 24,014.31 Year 5 Total Cost $ 89,955.66 • RCSO Admin $ 7,904.66 • Judicial Center $ 17,793.34 • Webster Detention $ 39,522.92 • Municipal Building $ 24,734.74 Recommendation:Motion to approve the five-year service agreements for the Judicial Center ($83,933.40), Webster Detention Center ($186,433.49), Municipal Building ($116,676.22) and Sheriff’s Office ($37,287.07) provided by Trane, Inc., as the original equipment manufacturer. Funds are Available in the Following Accounts: RCSO Admin; 101016216 Judicial Center; 101016215 Webster Detention Center; 101016213 Municipal Building; 101016211 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM HCD_ Duplex Development on Twiggs (Street) Request (Johnson House) Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to contract with Antioch Ministries to reconstruct one (1) affordable, multi-family duplex unit on Twiggs Street. (Approved by the Administrative Services Committee January 14, 2020) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, Housing and Community Development (HCD) has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves reconstruction of one (1) affordable, multi-family duplex unit on Twiggs Street within Laney Walker/Bethlehem also known as the Johnson House. Analysis:The approval of the contract will continue development activities in the Twiggs Street Development node. Financial Impact:Augusta Housing and Community Development Department receives annual allocations from Laney Walker Bethlehem Project which will fund this contract. Contract Amount (1420 Twiggs Street) - $309,000.00 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to contract with Antioch Ministries to reconstruct one (1) affordable, multi-family duplex unit on Twiggs Street. Cover Memo Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Project funds REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And ANTIOCH MINISTRIES in the amount of $309,000.00 USD Three Hundred and Nine Thousand Dollars and 00/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1420 Twiggs Street THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Antioch ministries, a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "ANTIOCH MINISTRIES” as party in the second part. In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions, which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with ANTIOCH MINISTRIES for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the “Act”) consolidated several existing programs for community development into a Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 2 single program of Community Development Block Grants (hereinafter “CDBG”) for the purpose of allowing local discretion for the determination of needs and priorities of community development. Through citizen participation workshops and the adoption of the City of Augusta Community Development Annual Plan, the citizens of the City and the Mayor and City of Augusta, Georgia Board of Commissioners, determined the needs and priorities of community development in the City as set forth below. WHEREAS, Pursuant to HUD regulations at 24 CFR 570.200 (a), certain projects were included in the City’s CDBG submission to HUD, referred to as the Annual Plan. The City determined that the projects included in the Annual Plan each addressed one or more of the following three national objectives: (a). Activities benefiting low- and moderate-income persons; (b). Activities which aid in the prevention or elimination of slum and/or blight; and/or, (c). Activities designed to meet community development needs having a particular urgency. WHEREAS, the City’s Minor Major Home Repair Program is a CDBG eligible activity as it addresses one or more of these objectives. WHEREAS, ANTIOCH MINISTRIES has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and WHEREAS, ANTIOCH MINISTRIES has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, ANTIOCH MINISTRIES has requested, and Augusta has approved a total of $309,000.00 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. GENERAL CONDITIONS A. General Compliance Contractor agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Contractor does not assume the City’s environmental responsibilities and (2) the Contractor does not assume the City’s responsibility for initiating the review process. The Contractor agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Contractor further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 3 Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of any and all possible unemployment benefits because contractor is an independent contractor. C. Hold Harmless To the fullest extent permitted by laws, statutes, rules and regulations, the Contractor shall indemnify and hold harmless the City, Officers, Directors, and Employees of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the Contractor, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph. D. Insurance & Bonding The Contractor shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City. Workers' Compensation Employer’s Liability with limits of: $100,000 Each Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee The Contractor shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. E. The City’s Recognition The Contractor shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Contractor will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. F. Amendments The City or Contractor may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Contractor from its obligations under this Agreement. The City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 4 amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and the Contractor. G. Completion of Home Repair Construction Projects It is further agreed that the Contractor will completion all construction repairs to the addresses listed below with corresponding finalization dates and will submit to the City within one-week notice of the completion of each project as described below: 1. Scope of Services Project Description: ANTIOCH MINISTRIES agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of a new multi-family duplex unit along Twiggs Street. Under this Agreement: Perform new construction services for one (1) multi-family duplex unit identified as property number 1420 Twiggs Street and in accordance with the plans and project manual. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include:  Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. ANTIOCH MINISTRIES is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. 2. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by ANTIOCH MINISTRIES for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $299,000.00 (amount minus the $10,000.00 developer’s fee). I. Construction An amount not to exceed overhead and profit materials and labor, as outlined and approved on the Work Write-Up shall be expended by ANTIOCH MINISTRIES for construction costs related to the development of one single family detached home identified as 1420 Twiggs Street as part of the Laney Walker Bethlehem Revitalization Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. II. Profit Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 5 An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to ANTIOCH MINISTRIES for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1420 Twiggs Street. AHCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1420 Twiggs Street. III. Developer’s Fee An amount not to exceed $10,000.00 in a grant shall be expended to ANTIOCH MINITRIES, INC. in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 1420 Twiggs Street. A. Program Location and Specific Goals to be Achieved ANTIOCH MINISTRIES shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. B. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by ANTIOCH MINISTRIES will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, ANTIOCH MINISTRIES shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT ANTIOCH MINISTRIES will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, ANTIOCH MINISTRIES, may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: 1. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, shall be on a pay for performance basis provided ANTIOCH MINISTRIES and AHCD determine the progress is satisfactory. ANTIOCH MINISTRIES shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, ANTIOCH MINISTRIES will include documentation showing proof of completion of work in Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 6 accordance with the amount requested, inspected and accepted by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. AHCD will monitor the progress of the project and ANTIOCH MINISTRIES’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. ANTIOCH MINISTRIES and AHCD shall share in the cost and proceeds of developing the residence at 1420 Twiggs Street as follows: 4. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any ANTIOCH MINISTRIES and AHCD deemed satisfactorily progress made within the contracted construction only amount. 7. AHCD will retain five percent (5%) of an amount of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until ANTIOCH MINISTRIES and AHCD determine that all AHCD punch list items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by ANTIOCH MINISTRIES for construction costs related to the development of one single family detached home identified as 1420 Twiggs Street. Additionally, AHCD will provide one hundred percent (100%) of all change orders (where applicable) as approved by both Augusta and ANTIOCH MINISTRIES in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities ANTIOCH MINISTRIES shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 1420 Twiggs Street . Liquidated Damages Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 7 ANTIOCH MINISTRIES agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of ANTIOCH MINISTRIES. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of ANTIOCH MINISTRIES. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses ANTIOCH MINISTRIES is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by ANTIOCH MINISTRIES under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage-based costs related to the development of one single family detached home identified as 1420 Twiggs Street as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. ANTIOCH MINISTRIES shall be paid a total consideration of no more than $10,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of ANTIOCH MINISTRIES. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and ANTIOCH MINISTRIES. ANTIOCH MINISTRIES shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and ANTIOCH MINISTRIES (whichever date is later) and shall end at the completion of all program Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 8 activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to ANTIOCH MINISTRIES, or any subcontractor hereunder. B. ANTIOCH MINISTRIES shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to ANTIOCH MINISTRIES’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by ANTIOCH MINISTRIES for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. ANTIOCH MINISTRIES shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by ANTIOCH MINISTRIES. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single-family home at 1420 Twiggs Street, AHCD is to provide ANTIOCH MINISTRIES with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest ANTIOCH MINISTRIES agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of ANTIOCH MINISTRIES. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 9 activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. ANTIOCH MINISTRIES in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by ANTIOCH MINISTRIES. In such instances, ANTIOCH MINISTRIES shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and ANTIOCH MINISTRIES. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. ANTIOCH MINISTRIES agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in ANTIOCH MINISTRIES’s publications and/or advertisements. (24 CFR 570.601). B. ANTIOCH MINISTRIES agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. ANTIOCH MINISTRIES agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. ANTIOCH MINISTRIES agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 10 F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), ANTIOCH MINISTRIES agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. ANTIOCH MINISTRIES agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. ANTIOCH MINISTRIES agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. ANTIOCH MINISTRIES will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. ANTIOCH MINISTRIES will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. ANTIOCH MINISTRIES will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay- off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. ANTIOCH MINISTRIES agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. J. In accordance with Section 570.608 of the CDBG Regulations, ANTIOCH MINISTRIES agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. ANTIOCH MINISTRIES agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, ANTIOCH MINISTRIES agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by ANTIOCH MINISTRIES for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 11 Georgia Housing and Community Development Department" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. ANTIOCH MINISTRIES shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ANTIOCH MINISTRIES agrees to obtain all necessary permits for intended improvements or activities. O. ANTIOCH MINISTRIES shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. ANTIOCH MINISTRIES agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ANTIOCH MINISTRIES agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. ANTIOCH MINISTRIES agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. ANTIOCH MINISTRIES agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 12 implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. ANTIOCH MINISTRIES will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. ANTIOCH MINISTRIES will not discriminate against any person applying for shelter on the basis of religion. ANTIOCH MINISTRIES will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if ANTIOCH MINISTRIES has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to ANTIOCH MINISTRIES with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. ANTIOCH MINISTRIES is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of ANTIOCH MINISTRIES or any subcontractor of ANTIOCH MINISTRIES or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event ANTIOCH MINISTRIES materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until ANTIOCH MINISTRIES cures any breach of the Agreement. If ANTIOCH MINISTRIES fails to cure the breach, Augusta may suspend or terminate the current award of funds. ANTIOCH MINISTRIES will not be eligible to receive any other funding. B. Notwithstanding the above, ANTIOCH MINISTRIES shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to ANTIOCH MINISTRIES for the purposes of offsetting the exact amount of damages once determined. Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 13 C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay ANTIOCH MINISTRIES for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, ANTIOCH MINISTRIES shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by ANTIOCH MINISTRIES under this contract. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Hardy Davis, Jr., Mayor Municipal Building 535 Telfair Street, Suite 200 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 ANTIOCH MINISTRIES will receive all notices at the address indicated below: Antioch Ministries ATTN: Mr. Scylance Scott 1378 Laney Walker Blvd. Augusta, GA 30901 ARTICLE XII. INDEMNIFICATION ANTIOCH MINISTRIES will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 14 corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, ANTIOCH MINISTRIES specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to ANTIOCH MINISTRIES beyond the term of this Agreement. ANTIOCH MINISTRIES warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ANTIOCH MINISTRIES for the purpose of securing business and that ANTIOCH MINISTRIES has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of CDBG funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. COUNTERPARTS Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 15 This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis R. Sims, as its Interim City Administrator Date: ____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 16 ATTEST: Antioch ministries By: _________________________ Mr. Scylance Scott, Director Date:_______________________ Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 17 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 18 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 19 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 20 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 21 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Antioch ministries LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Antioch ministries LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Antioch ministries LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Antioch ministries LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Antioch ministries LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Antioch ministries LLC assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Mr. Scylance Scott Antioch ministries, LLC. Owner Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 22 EXHIBIT A PROJECT SCHEDULE OF COMPLETION ANTIOCH MINISTRIES MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 23 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 24 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to ANTIOCH MINISTRIES in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, ANTIOCH MINISTRIES may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and ANTIOCH MINISTRIES in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 25 completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. ANTIOCH MINISTRIES will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. ANTIOCH MINISTRIES must make sure contractors obtain and post all permits on job site. c. ANTIOCH MINISTRIES must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. AUGUSTA, GA 1420 TWIGGS STREET DUPLEX CONVERSION TO d e s i g n Augusta, GA 30904 1617 Walton Way studio g r o u p architecture + interior design FOR AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT 8/4//2016 LOCATION: Telephone: (706) 667-9784 Fax: (706) 667-9786 D1.1 INDEX OF DRAWINGS WASTE & VENT PIPING PLANSP1.1 COVER PLUMBING DRAWINGS INDEX OF DRAWINGS LOCATION MAP WATER PIPING PLANSP2.1 A2.1 FIRST & SECOND FLOOR PLANS & GENERAL NOTES INTERIOR ELEVATIONSA5.1 EXTERIOR ELEVATIONS - NEWA4.1 FINISH, DOOR & WINDOW SCHEDULESA3.1 ARCHITECTURAL DRAWINGS FIRST & SECOND FLOOR ELECTRICAL POWER & LIGHTING PLAN E1.1 ELECTRICAL DRAWINGS HVAC FLOOR PLANSM1.1 MECHANICAL DRAWINGS HVAC DETAILSM2.1 M3.1 HVAC NOTES, LEGEND & SCHEDULES PLUMBING FIXTURES, SCHEDULES & DETAILS P3.1 D1.2 DEMOLITION - EXTERIOR ELEVATION DEMOLITION - EXTERIOR ELEVATION DEMOLITION PLAN- FIRST & SECOND FLOOR D1.3 A1.1 FOUNDATION PLAN PLUMBING SPECIFICATIONSP4.1 M4.1 HVAC SPECIFICATIONS Commission Meeting Agenda 1/21/2020 2:00 PM Set the Qualifying Fees for Local Elective Offices up for Election in 2020 Department:Board of Election Department:Board of Election Caption:Motion to approve setting the qualifying fees for Local Elective Offices up for Election in 2020(Approved by Administrative Services Committee January 14, 2020) . Background:The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Analysis:Required by Georgia law. Once approved by the Commission, the Board of Elections will publish, as required. Financial Impact:$30 Alternatives:None Recommendation:Approve the item Funds are Available in the Following Accounts: 101-01-4110-52.33111 REVIEWED AND APPROVED BY: Finance. Law.Cover Memo Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM CJCCSupplementalGrant2020 Department:Richmond County State Court Department:Richmond County State Court Caption:Motion to approve and accept 2020 Supplemental Grant funds from the Criminal Justice Coordinating Council for Richmond County DUI and Veterans Courts. (Approved by Public Safety Committee January 14, 2020) Background:Richmond County Accountability Courts received grant funds to assist with Operations of its DUI and Veterans Court Program. Additional funding became available and additional grant funds were requested. Analysis:None Financial Impact:Award granted was $24,135 Alternatives:None Recommendation:Approve Funds are Available in the Following Accounts: Matching funds will be from the Accountability Court Coordinators salary. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Emergency Management Ordinance Department:Fire Department:Fire Caption:Motion to approve the Emergency Management Ordinance and authorize the Mayor to sign the ordinance. (Approved by Public Safety Committee January 14, 2020) Background:The emergency management ordinance establishes some of the emergency management and response powers of the county, the Mayor, and the Emergency Management Director. The ordinance is from the ACCG 4th Edition Model Emergency Management Ordinances and Agreements. The emergency management ordinance is required for Augusta to receive a disaster match from GEMA/HS for federal grants and for reimbursement of a federally declared disaster. Analysis:The ordinance is from the ACCG 4th Edition Model Emergency Management Ordinances and Agreements. Financial Impact:None at this time. If not approved, Augusta will not be eligible for 10% match from GEMA. Alternatives:None Recommendation:Approve the Emergency Management Ordinance and authorize the Mayor to sign the ordinance. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Memorandum for Applied Learning Experience with AU Department:Augusta Animal Services Department:Augusta Animal Services Caption:Motion to approve of MOU with Augusta University for the Applied Learning Experience. (Approved by Public Safety Committee January 14, 2020) Background:Students complete hands on applied learning in specific fields to enhance their over all learning experience and knowledge. For instance, student may create a marketing plan for our department. This MOU with Augusta University would open the field of ALE to all students in the various colleges that comprise AU. Until now, we have worked with the Hull College of Business. Analysis:This opportunity is available to Augusta Animal Services when the students career interest would benefit from hands on experience working in the animal management/welfare field. Financial Impact:This opportunity is available at no cost to AAS. The student provides their own supplies and transportation. Alternatives:Do not approve the MOU and we do not get to take advantage of this opportunity. Recommendation:Motion to approve the MOU between The Board of Regents of the University System of Georgia by and on behalf of Augusta University and Augusta Animal Services. Funds are Available in the Following Accounts: NO funds will be expended on the Applied Learning Experience. Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Motion to Approve Dedication Plaque for New Fire Station #2 Department:Fire Department:Fire Caption:Motion to approve Dedication Plaque for New Fire Station #2. (Approved by Public Safety Committee January 14, 2020) Background:The new fire station #2 being built on Telfair Street will be completed shortly and needs to have final approval of the dedication plaque. This plaque was approved by Central Services on October 9, 2019 in accordance with Commission procedures. Analysis: Financial Impact:None Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Cover Memo BRONZE 18"W x 24"H 1 CAST PLAQUE Painted Edges-1/2"deep Cast Rectangle with insert Raised Copy-Horizontal Stroke Sand Bckgrnd w/Brushed Surface Single Line Border 2025 Black SATIN Painted Per Artfile Supplied Satin (4) #10 Machine Screws-CtrSink R-7 Rosette:1.5" Diameter MATERIAL - SIZE - QTY - DEPTH - SHAPE - COPY - FINISH - BORDER - COLOR - STYLE - CLEAR COAT - MOUNT - ROSETTES - RTF: 1124506 DATE:SALESPERSON:Cassondra A.@ext.1919ORDER #:5270937 CUSTOMER PO #:82406 BRONZE RAISED RECESSED PLEASE NOTE THE FOLLOWING:VERSION: 1 2025 Black PLAQUE MOUNTING PATTERN Erin Karlstad | ext 1925 MATERIAL -Bronze 6.40”w x 2.26”h 2.89”w x 3.46”h1 of each GICLEE PRINT INSERT (5270938 / 1124506) Exposed Metal Bkgrnd-HRZ Grain Painted Returns Satin 1/16" Thick Material SIZE - QTY - BACKGRND- RETURN - CLEAR COAT - THICKNESS - 12/31/2019 18.00 in 24 . 0 0 i n 6.40 in 2. 2 6 i n 2.89 in 3. 4 6 i n Commission Meeting Agenda 1/21/2020 2:00 PM Approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-266, from Yancey Brothers as the compliant bidder with no exceptions. Department:Environmental Services Department:Environmental Services Caption:Motion to approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-226, from Yancey Brothers as the compliant bidder with no exceptions. (Approved by Engineering Services Committee January 14, 2020) Background:Over the years, the Environmental Services Department (ESD) has operated a variety of sizes and types of dozers. We have used large dozers that are designed for high volume operations. We have also used mid-sized dozers designed for medium and lower sized operations. Currently, the ESD operates with three mid-sized dozers. They operate on the working face of the landfill. They were bought as a package deal in 2014. They were purchased due to the cost and operational effectiveness three mid-sized dozers would give us at that time. The three dozers currently operating are reaching their normal life expectancy. It is now time to examine all options to effectively replace this equipment. Upon examining landfill operations over the past year, it has become apparent we need to move to operating large dozers in order to maintain our current operations. The volume of trash received has increased in recent years to a point where a mid-size dozer in no longer adequate. In addition, equipment breakdowns based on the effects of the lower undercarriage of the mid-size dozer and the need to seek replacement rental equipment have accentuated this move. The ESD is proposing a two-stage transition process in order to address this need. Over a two-year period, two larger dozers will replace the current three mid-sized dozers. A large dozer will be purchased in FY 2019 followed by another purchase in FY 2020. The ESD in conjunction with the Procurement Department released bid #19-266 in an effort to procure a large dozer. There were two responsive bidders to the solicitation. The initial low bidder was Flint Equipment with a John Deere 1050 K. This bid did not meet several specifications as set forth in the Cover Memo bid. (See attached award memo.) Therefore, it was determined that the bid was not compliant with the requested specifications. In response to the bid protest submitted by Flint Equipment Co., a motion to deny the protest request was approved by Commission at the December 21, 2019 Commission meeting (Item No. 26). The ESD recommends we accept the Yancey Brothers bid of a Caterpillar D-8T WH/W GPS. It was the second lowest bid. It meets the requirements set forth in the bid specifications. Analysis:The daily cover needs of the landfill necessitate the phasing out of the three mid-sized 2014 John Deere 850 K dozers. We are proposing a two-stage transition process. We are moving forward with the purchase of an initial large dozer. We are proposing the purchase of a Caterpillar D-8T. Next year we will implement the 2nd stage with the purchase of an additional large dozer. The three existing John Deere 850 K’s will be sold on government deals to help offset the purchase costs. A further cost saving benefit of this transition will be the inclusion of a GPS system in each new large dozer. This will allow us to achieve additional cost effectiveness through advanced location capabilities. It will also improve communication with the compactor. This will help us achieve better compaction of the cell. This in turn will lead to less need for additional airspace. Financial Impact:The purchase price of the Caterpillar D-8T dozer is $950,450.00 with the GPS system installed prior to onsite delivery. Alternatives:1. Approve the purchase of the Caterpillar D-8T WH/W GPS. 2. Do not approve. Recommendation:Approve the purchase of the Caterpillar D-8T WH/W GPS. Funds are Available in the Following Accounts: Funds are available in 541-04-4210 / 54.22510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Cover Memo Invitation to Bid Sealed bids will be received at this office until Friday, May 17, 2019 @ 11:00 a.m. for furnishing for: Bid Item #19-226 Waste Handler – Dozer for Augusta, GA – Environmental Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. 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 Friday, May 3, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. 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. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition 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. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 11, 18, 25, May 2, 2019 Metro Courier April 11, 2019 OFFICIAL Page 1 of 1 VENDORS YANCEY BROTHERS 4165 MIKE PADGETT HWY AUGUSTA, GA 30906 FLINT EQUIPMENT CO 1206 BLAYLOCK STREET ALBANY, GA 31705 UNITED RENTAL 2425 MIKE PADGETT HWY AUGUSTA, GA 30906 Attachment B Yes Yes No Bid E-Verify Number 686717 344722 SAVE Form Yes Yes Year 2019 2019 Brand Caterpillar John Deere Model D8T WH 1050K Bid Price $899,900.00 $793,383.00 Approximate Delivery Time 19-20 Weeks ARO 90-120 Days ARO Exceptions Noted Yes Carlson GPS System $50,550.00 $47,205.00 Bid Opening Item #19-226 Waste Handler-Dozer for Augusta, Georgia-Environmental Services Department Bid Due: Friday, May 17, 2019 @ 11:00 a.m. Waste Handler-Dozer Total Number Specifications Mailed Out: 22 Total Number Specifications Download (Demandstar): 0 Total Electronic Notifications (Demandstar): 21 Georgia Procurement Registry: 647 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 Optional Equipment Commission Meeting Agenda 1/21/2020 2:00 PM Discuss Storm Water Issues Department: Department: Caption:Motion to approve second quarter work session on the storm water program. (Approved by Engineering Services Committee January 14, 2020) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Enhance Operations at Wheeler Rd and Robert C Daniel Pky Extend PE Phase and Approve Revised GDOT PFA GDOT PI#0012866 Department:Engineering Department:Engineering Caption:Motion to approve Supplemental Agreement One and PE phase design phase (Task Order #2) to Hussey Gay Bell and DeYoung in the amount of $419,581.00 for the Enhance Operations at Wheeler Road and Robert C Daniel Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. RFQ 17-127 (Approved by Engineering Services Committee January 14, 2020) Background:This project is listed in the Transportation Improvement Program (TIP) and developed using the 2040 Long Range Transportation Plan (LRTP). The project will improve the traffic flow at the intersection of Wheeler Rd and Robert C Daniel by widening the north leg of the intersection to allow for a left turn lane, two through lanes, and a right turn lane. Hussey Gay Bell has already gone through the Procurement RFQ process. In October 2017, Augusta Commission awarded design services to HGB. PE phase Task Order #1 which included traffic studies and analysis, historical and archeological investigations, environmental analysis, development of various solution concepts, and public input meetings as required by GDOT’s Planning and Development Process (PDP). Analysis:Approval of this agenda item will allow Hussey Gay Bell to continue the preliminary engineering work that they have already started with concept development (Task Order #1) in 2017. This item will be a supplement to the existing contract with HGB. Task Order #2 will allow Hussey Gay Bell and DeYoung to complete the PE process and deliver to Augusta a complete set of construction plans and specifications that can be bid and built using our standard Procurement processes. Financial Impact: Cover Memo MPO Z230s funds will be used to complete the preliminary engineering phase of this project. The ARTS MPO identified federal funding sources to complete Task Order #2. This is a standard Federal reimbursable expense at 80%. The MPO approved the use of these funds at their Policy Committee meeting on June 6, 2019. Federal match at 80% (335,665) and City of Augusta, Ga match 20% (83,916). Alternatives:1) Do not approve design and construction plan development phase and terminate the project. Recommendation:Approve Supplemental Agreement One and PE phase design phase (Task Order #2) to Hussey Gay Bell and DeYoung in the amount of $419,581.00 for the Enhance Operations at Wheeler Road and Robert C Daniel Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING: MPO Transportation Improvement Program Z230s funds 340-041110- 5212115 TP1809004 (335,665) and 328-041110- 5212115/219828921(83,916) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Augusta-Richmond County, Georgia PI#12866 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#TP1809004 (PI#0012866). This request is for SA1to Hussey Gay Bell and DeYoung in the amount of $419,581.00 for TIP project Enhance Operations at Wheeler Road and Robert C Daniel. Funding is available in the Transportation Improvement Program funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. 225,000$ 335,665$ Intersection Safety 83,916$ 644,581$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#TP1809004 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET WHEELER ROAD AND ROBERT C DANIEL TIP Project Funds - Wheeler Rd @ Robert C Daniel Jr Parkway MPO TIP Funds Z230 1 of 2 1/3/2020 Augusta-Richmond County, Georgia PI#12866 CPB#TP1809004 CAPITAL PROJECT BUDGET WHEELER ROAD AND ROBERT C DANIEL CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB Transportation Impvt Program PI - 0012868 (225,000.00)$ (225,000.00)$ Wheeler Rd @ Augusta West Parkway (335,665.00)$ (335,665.00)$ Intersection Safety 328-041110-219828921 (83,916.00)$ (83,916.00)$ TOTAL SOURCES: (225,000.00)$ (419,581.00)$ (644,581.00)$ USE OF FUNDS ENGINEERING - DESIGN 340-041110-52.12115/TP1809004 225,000.00$ 335,665.00$ 560,665.00$ Intersection Safety 83,916.00$ 83,916.00$ 328-041110-5212115-219828921 TOTAL USES: 225,000.00$ 419,581.00$ 644,581.00$ MPO TIP Funds Z230 2 of 2 1/3/2020 (SA02 – For changes greater than $20,000) July 2019 tAUGUSTA, GEORGIA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, Hussey Gay Bell & DeYoung, entered into a contract with Augusta, Georgia on 10/17/2017, for Engineering Design Services for the Enhanced Operational Efficiency of Various Intersections Wheeler Road @ Robert C. Daniel Jr., Parkway Project, File Reference No. 17-014 (A), and WHEREAS, certain revisions to the design requested by Augusta, Georgia are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Engineering additional services to extend PE phase (Task Order 2) It is agreed that as a result of the above described modification the contract amount is increased by $419,581.00 from $220,634.44 to a new total of 640,215.44. Any modifications to submittal dates shall be as identified in the attached proposal. This Agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Hussey Gay Bell & DeYoung, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This _________ day of _____________, 2020. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA, GEORGIA Honorable Hardie Davis, Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta Richmond County Project Number(s): 340-041110- TP1809004 Supplemental Agreement Number: 1 Purchase Order Number: 350539; PI#0012866 Commission Meeting Agenda 1/21/2020 2:00 PM Enhance Operations Barton Chapel Road @ Gordon Hwy Project Department:Engineering Dept. Department:Engineering Dept. Caption:Motion to approve Supplemental Agreement One and PE design phase (Task Order #2) to Hussey Gay Bell and DeYoung in the amount of $408,715 for the Barton Chapel Road @ Gordon Hwy Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. RFQ 17-127 (Approved by Engineering Services Committee January 14, 2020) Background:This project is listed in the Transportation Improvement Program (TIP) and developed using the 2040 Long Range Transportation Plan (LRTP). The project will improve the safety and traffic flow at the intersection of Gordon Hwy and Barton Chapel Rd by widening the intersection, adding turn lanes, and improving the traffic signal. Hussey Gay Bell and DeYoung (HGB) has already gone through the Procurement RFQ process. In October 2017 Augusta Commission awarded design services contract to HGB. PE Concept phase (Task Order #1 which included traffic studies and analysis, historical and archeological investigations, environmental analysis, development of various solution concepts, and public input meetings as required by GDOT’s Planning and Development Process (PDP)) is completed. Next phase is design and construction plan development (Task Order #2). Analysis:Approval of this agenda item allows AED and Hussey Gay Bell and DeYoung to continue the preliminary engineering design work that started with concept development (Task Order #1) in 2017. This item will be a supplement to the existing contract with HGB. Task Order #2 will allow to complete the PE process and deliver to Augusta a complete set of construction plans and specifications that can be bid and built using our standard Procurement processes.Cover Memo Financial Impact:MPO Z230s funds will be used to complete the preliminary engineering phase of this project. The ARTS MPO identified federal funding sources to complete Task Order #2. This is a standard Federal reimbursable expense at 80%. The MPO approved the use of these funds at their Policy Committee meeting on June 6, 2019. Federal funds at 80% ($326,972) and City of Augusta, Ga match 20% ($81,743-SPLOST). Alternatives:Do not approve design and construction plan development phase and terminate the project. Recommendation:Approve Supplemental Agreement One and PE design phase (Task Order #2) to Hussey Gay Bell and DeYoung in the amount of $408,715 for the Barton Chapel Road @ Gordon Hwy Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. Funds are Available in the Following Accounts: MPO Transportation Improvement Program Z230s funds 340- 041110-5212115-TP1807001 ($326,972) and 328-041110- 5212115/219828921 ($81,743) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo ENGINEERING DEPARTMENT Hameed Malik, P.E., Ph D, John Ussery, P.E., Director Assistant Director Traffic Engineering Administration Section 505 Telfair Street - Augusta, GA 30901 (706) 796-5040 – Fax (706) 796-5045 WWW.AUGUSTAGA.GOV DATE: December 20, 2019 TO: The Honorable Hardie Davis, Jr., Mayor Members of the Commission Marion Williams, Chairman, Engineering Services Committee THROUGH: Jarvis Sims, Interim Administrator FROM: Hameed Malik, P.E., Ph.D, Director SUBJECT: Enhance Operations Barton Chapel Road @ Gordon Hwy Project Extend PE Phase and Approve Revised GDOT PFA GDOT PI#0012868 CAPTION: Approve Supplemental Agreement One and award extended PE phase (Task Order #2) to Hussey Gay Bell and DeYoung in the amount of $408,715 for the Barton Chapel Road @ Gordon Hwy Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. BACKGROUND: This project is listed in the Transportation Improvement Program (TIP) and developed using the 2040 Long Range Transportation Plan (LRTP). The project will improve the safety and traffic flow at the intersection of Gordon Hwy and Barton Chapel Rd by widening the intersection, adding turn lanes, and improving the traffic signal. Hussey Gay Bell and DeYoung has already gone through the Procurement RFQ process and was chosen for PE phase Task Order #1 which included traffic studies and analysis, historical and archeological investigations, environmental analysis, development of various solution concepts, and public input meetings as required by GDOT’s Planning and Development Process (PDP). Committee Meeting Date: Commission Meeting Date: Agenda Item Number: Approval Letter Date: Entered into the MuniAgenda by/date Engineering Administration Section 452 Walker St, Ste 110 - Augusta, GA 30901 (706) 796-5040 – Fax (706) 796-5045 WWW.AUGUSTAGA.GOV Agenda Item___________ December 20, 2019 Page 2 ANALYSIS: Approval of this agenda item will allow Hussey Gay Bell and DeYoung to continue the preliminary engineering work that they have already started with Task Order #1. This item will be a change order addition to the original contract already in effect for Hussey Gay Bell and DeYoung. Task Order #2 will allow Hussey Gay Bell and DeYoung to complete the PE process and deliver to Augusta a complete set of construction plans and specifications that can be bid and built using our standard Procurement processes. FINANCIAL IMPACT: MPO Z230s funds will be used to complete the preliminary engineering phase of this project. The ARTS MPO identified federal funding sources to complete Task Order #2. This is a standard Federal reimbursable expense at 80%. The MPO approved the use of these funds at their Policy Committee meeting on June 6, 2019. Federal funds at 80% ($326,972) and City of Augusta, Ga match 20% (81,743). ALTERNATIVES: 1) Approve Supplemental Agreement One and award extended PE phase (Task Order #2) to Hussey Gay Bell and DeYoung in the amount of $408,715 for the Enhance Operations at Barton Chapel Road @ Gordon Hwy as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. RECOMMENDATION: Approve Alternative Number One. REQUESTED AGENDA DATE: Committee Meeting: N/A Commission Meeting: January 7, 2020 FUNDS ARE AVAILABLE IN THE FOLLOWING: MPO Transportation Improvement Program Z230s funds 340-041110-5212115-TP1807001 (326,972) and 328-041110- 5212115/212828014 (81,743) JU/vrj File Augusta-Richmond County, Georgia PI# 12868 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to cpb#tp1807001. This request is FOR SA1 to Hussey Gay Bell and DeYoung in the amount of $408,715.00 for TIP project Enhance Operations at Barton Chapel Rd @ Gordon Hwy Project. Funding is available in the Transportation Improvement Program funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. 279,000$ 326,970$ Intersection Safety 81,750$ 687,720$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#TP1807001 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Operational Efficiency of Various Intersections for Augusta, Georgia Project TIP Project Funds - Barton Chapel Rd @ Gordon Highway MPO TIP Funds Z230 1 of 2 12/27/2019 Augusta-Richmond County, Georgia CPB#TP1807001 CAPITAL PROJECT BUDGET Operational Efficiency of Various Intersections for Augusta, Georgia Project CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB Transportation Impvt Program PI - 0012868 (279,000.00)$ (279,000.00)$ Barton Chapel Rd @ Gordon Hwy Project MPO TIP Funds Z230 -$ (326,970.00)$ (326,970.00)$ Barton Chapel Rd @ Gordon Highway Intersection Safety 328-041110-212828014 (81,750.00)$ (81,750.00)$ TOTAL SOURCES: (279,000.00)$ (408,720.00)$ (687,720.00)$ USE OF FUNDS ENGINEERING - DESIGN 340-041110-52.12115 279,000.00$ 326,970.00$ 605,970.00$ 328-041110-212828014 81,750.00$ 81,750.00$ TOTAL USES:279,000.00$ 408,720.00$ 687,720.00$ 2 of 2 12/27/2019 Augusta-Richmond County, Georgia PI# 12868 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to cpb#tp1807001. This request is FOR SA1 to Hussey Gay Bell and DeYoung in the amount of $408,715.00 for TIP project Enhance Operations at Barton Chapel Rd @ Gordon Hwy Project. Funding is available in the Transportation Improvement Program funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. 279,000$ 326,970$ Intersection Safety 81,750$ 687,720$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#TP1807001 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Operational Efficiency of Various Intersections for Augusta, Georgia Project TIP Project Funds - Barton Chapel Rd @ Gordon Highway MPO TIP Funds Z230 1 of 2 12/30/2019 Augusta-Richmond County, Georgia CPB#TP1807001 CAPITAL PROJECT BUDGET Operational Efficiency of Various Intersections for Augusta, Georgia Project CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB Transportation Impvt Program PI - 0012868 (279,000.00)$ (279,000.00)$ Barton Chapel Rd @ Gordon Hwy Project MPO TIP Funds Z230 -$ (326,970.00)$ (326,970.00)$ Barton Chapel Rd @ Gordon Highway Intersection Safety 328-041110-219828921 (81,750.00)$ (81,750.00)$ TOTAL SOURCES: (279,000.00)$ (408,720.00)$ (687,720.00)$ USE OF FUNDS ENGINEERING - DESIGN 340-041110-52.12115 279,000.00$ 326,970.00$ 605,970.00$ 328-041110-219828921 81,750.00$ 81,750.00$ TOTAL USES:279,000.00$ 408,720.00$ 687,720.00$ 2 of 2 12/30/2019 Commission Meeting Agenda 1/21/2020 2:00 PM HAYNE'S STATION, PHASE X SUBDIVISION DEDICATION Department:Engineering Department:Engineering Caption:Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering Department and the Augusta Utilities Department for Hayne's Station, Phase X. (Approved by Engineering Services Committee January 14, 2020) Background:The final plat for Haynes Station, Phase X, was approved by the Commission on August 20, 2019. The subdivision design and plat for this section, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. Portions of this subdivision lie within the 100-year flood plain and wetlands, which are noted on the final plat. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia for operation and maintenance. Financial Impact:By accepting these roads and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the road and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed and maintenance agreement, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be Cover Memo generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Haynes Station, Phase X. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM ITS Construction & Emergency Repair Department:Engineering Dept. Department:Engineering Dept. Caption:Motion to approve award of the On-Call ITS Construction & Emergency Repair contract to Southeast Utilities of Georgia, Inc. Award is contingent upon receipt of signed contracts and required documents for the AED. RFP #20-100. (Approved by Engineering Services Committee January 14, 2020) Background:The Intelligent Transportation System (ITS) Project is currently being utilized by AED Traffic Engineering (TE). This project connected numerous traffic engineering devices together utilizing fiber optics and high speed communications into one cohesive network. Often times work needs to be done to the system that requires specialized equipment and training that this contractor can provide. Also, due to the growth of Augusta, construction activities can damage portions of the ITS System that will need immediate repair. This additional resource will afford AED a practical approach to completing and sustaining much needed maintenance and repair services in a timely and efficient manner. Analysis:This RFP procurement will provide the Augusta Engineering Department Traffic Division with a highly qualified contractor to work on the ITS network and repair, replace, and expand the network as directed. The Augusta Engineering Department worked through the Procurement RFP process to find the most qualified consultant to perform these essential services. This will be an annual contract with the option to extend for three additional years. RFPs were evaluated December 5, 2019, with Southeast Utilities of Georgia being the selected firm. Forms were evaluated based on qualifications, relevant experience, and the ability to provide the requested services. Unit fees of the requested primary services from the contractor are listed in the attachment.Cover Memo Financial Impact:These services will be provided on an as-needed basis as directed by AED Traffic Engineering. Funding for these services will be provided in the TE Annual Budget item General Traffic Supplies #101041710-5311610. Alternatives:1) Do not approve annual contract and identify alternative source for providing covered services. Recommendation:Approve award of the On-Call ITS Construction & Emergency contract to Southeast Utilities of Georgia, Inc. Award is contingent upon receipt of signed contracts and required documents for the AED. Funds are Available in the Following Accounts: 101041710-5311610 not to exceed 2020 budget funding REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Proposal Request for Proposals will be received at this office until Thursday, November 14, 2019 @ 11:00 a.m. for furnishing: COMMODITY CODE (RFP items may have more parent codes) – RFP ITEM FOR ENGINEERING DEPARTMENT – ANNUAL CONTRACT RFP Item 20-100 On-Call ITS Construction and Repair 022-912-00; 022-913-00; 022-913-19 RFP Item 20-101 Roadway Striping 022-912-76; 024-550-72 RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. 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 Friday, November 1, 2019 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. Request for proposals (RFP) and specifications. An RFP 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 request for proposal 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. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 10, 17, 24, 31, 2019 Metro Courier October 10, 2019 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Original 7 Copies Fee Proposal ATG Communications 5100 Pierce Ct Evans, GA 30809 Yes 424561 Yes Yes Yes Yes Southeastern Utilites 1020 Franke Industrial Dr. Augusta, GA 30909 Yes 241608 Yes Yes Yes Yes RFP Item #20-100 On-Call ITS Construction & Repair - Annual Contract for the Augusta, GA – Engineering Department RFP Due: Thursday, November 14, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 2 Total packages submitted: 2 Total Noncompliant: 0 20-100 Official Tab Sheet Page 1 of 1 ATG Communications 5100 Pierce Ct Evans, GA 30809 Southeastern Utilites 1020 Franke Industrial Dr. Augusta, GA 30909 ATG Communications 5100 Pierce Ct Evans, GA 30809 Southeastern Utilites 1020 Franke Industrial Dr. Augusta, GA 30909 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 5.0 5.0 100 100 3. Organization & Approach (0-5)10 5.0 4.5 50 45 4. Scope of Services A) Ability to repair and construct intelligent transportation system (ITS) related items such as underground conduit repair or replacement, electrical conductor repair or replacement, fiber optic cable repair and installation, fiber optic cable splicing, fiber optic cable testing, pull box repair and installation, and various other services necessary to keep ITS network functional. B) The contractors will need to respond to department requests within 24 hours of first notification. (0-5)25 5.0 5.0 125 125 5. Financial Stability (0-5)10 5.0 5.0 50 50 6. References (0-5)5 5.0 5.0 25 25 Within Richmond County 5 5 5 0 25 Within CSRA 5 4 5 20 0 Within Georgia 5 3 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0  All Others 5 1 0 0 30 29.5 370 370 8. Presentation by Team (0-5)10 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 Lowest Fees 5 10 5 0 50 Second 5 6 5 30 0 Third 5 4 0 0 Forth 5 2 0 0 Fifth 5 1 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5 5 30 50 35 34.5 400 420 RFP Item #20-100 On-Call ITS Construction & Repair - Annual Contract for the Augusta, GA – Engineering Department Evaluationi Committee Meeting: Thursday, December 5, 2019 @ 9:00 a.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Phase 1 Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Weighted Scores Procurement DepartmentRepresentative:__Nancy Williams_______________________________________ Procurement Department Completion Date: __12/5/19______________________ Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: ______Cumulative________________ Date: __12/5/19 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) To: �m: Date: Subject: ENGINEERING DEPARTMENT Hameed Malik, PE, Ph. D., Director John Ussery, PE, Assistant Director of Traffic MEMORANDUM Ms. Geri Sams, Director Procurement John Ussery, PE, Assistant Director of Traffic, AED December 16, 2019 2020 Annual Bid -ITS Construction & Emergency Repair Item #20-100 The chart below reflects Traffic Engineering recommendation for Bid Items stated. The recommended bidder has the lowest line item total of the two bids received. Please contact John Ussery at 706-821-1710 for additional information. [ BID# 20-100 Thank You. /:sc DESCRIPTION --=r _____ A_W_ARD __ T_O_: ____ __J ITS Construction & Emergency Repair Southeast Utilities of Georgia, Inc. cc: John Ussery, Assistant Director of Traffic Engineering, AED Guy Shepherd, Manager Streetlight Maintenance, Signs & Striping Arthur Jacobs, Crew Supervisor Markings File Engineering Division -Administration Section 424 Walker St, Ste 110-Augusta, GA 30901 (706) 796-5040 -Fax (706) 796-5045WWW.AUGUSTAGA.OOV Advanced Technology Group 5100 Pierce Ct Evans, GA 30809 Southeast Utilities of Georgia 1020 Franke Industrial Drive Augusta, GA 30909 Hameed Malik Engineering John Ussery Traffic Engineering Treza Edwards Compliance Bid Item #20-100 On-Call ITS Construction & Repair Engineering Department Mailed 10/10/19 Bid Item #20-100 On-Call ITS Construction & Repair Engineering Department Bid Due: Thurs. 11/14/19 @ 11:00 a.m. Page 1 of 1 Bid Item #20-100 On-Call ITS Construction & Repair Commission Meeting Agenda 1/21/2020 2:00 PM Motion to Authorize Condemnation Department:Engeering Department Department:Engeering Department Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement (Parcel 154-0-213-00-0) 2430 Tobacco Road, Lot E. (Approved by Engineering Services Committee January 14, 2020) Background:The City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 600 square feet of permanent easement. The appraised value is $450.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 514043490-5411120 J/L 81500100-5411120 REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Motion to Authorize Condemnation Department:Engeering Department Department:Engeering Department Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary construction easement (Parcel 153-0-414-00-0) 3724 Tahitian Trail. (Approved by Engineering Services Committee January 14, 2020) Background:The City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 3,321 square feet of permanent easement and 4,706 square feet of and temporary construction easement. The appraised value is $1,065.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 514043490-5411120 J/L 81500100-5411120 REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Renaming of River Shoals Parkway to Topgolf Way Department:Information Technology Department Department:Information Technology Department Caption:Motion to approve the renaming of River Shoals Parkway to Topgolf Way.(Approved by Engineering Services Committee January 14, 2020) Background:Jordan Trotter Commercial Real Estate Firm, on behalf of the TOPGOLF USA AG, LLC, requests a road name change for River Shoals Parkway to be renamed to Topgolf Way. Analysis:Historical • From research and information received from Historic Augusta Inc, along with various internet research there was no findings of significance to River Shoals Parkway. Road Continuity • It is recommended that road names should avoid transitioning at any given geographic point. Following Augusta’s Road Naming Policy, developments are permitted to request a road name change to signify a commitment to the Augusta Community. A precedent was set in the Village at Riverwatch with the renaming of a portion of Alexander Drive which was renamed Cabela Drive in 2013. Topgolf Way was acceptable to our standards. Renaming River Shoals Parkway would ensure a continuous road name. Acceptability • Property Owners: 3 of 3 property owners are in agreement with the proposed change as indicated in the provided supporting documents. • Emergency Services: Approval from the minimum 2 of 3 emergency services departments was received Financial Impact:None Alternatives: Recommendation:Approve the renaming of River Shoals Parkway to Topgolf Way.Cover Memo Funds are Available in the Following Accounts: Cost for replacement of street name signs will be paid for by the requestor. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month – 2:00 p.m. Committee meetings: Second and last Tuesdays of each month – 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) __________ Commission __________ Public Safety Committee __________ Public Services Committee __________ Administrative Services Committee __________ Engineering Services Committee __________ Finance Committee Contact Information for Individual/Presenter Making the Request: Name: ______________________________________________________________ Address: ____________________________________________________________ Telephone Number: ___________________________________________________ Fax Number: _________________________________________________________ E-Mail Address: ______________________________________________________ Please send this request form to the following address: Ms. Lena J. Bonner Telephone Number: 706-821-1820 Clerk of Commission Fax Number: 706-821-1838 Suite 220 Municipal Building E-Mail Address: nmorawski@augustaga.gov 535 Telfair Street Augusta, GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk’s Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five-minute time limit will be allowed for presentations. X Date of Meeting _____________ Date of Meeting _____________ Date of Meeting _____________ Date of Meeting _____________ Date of Meeting 01/14/2020 Date of Meeting _____________ Michele Pearman (IT-GIS) 535 Telfair St. Bldg 2000 706-945-4568 pearman@augustaga.gov Caption/Topic of Discussion to be placed on the Agenda: Renaming River Shoals Parkway to Topgolf Way Information Technology Department Tameka Allen • Director Gary Hewett • Deputy Director Reggie Horne • Deputy Director Augusta Richmond County Government Information Technology Department • GIS Division 525 Telfair St 3rd Floor – Physical 530 Greene Street A-101 – Mailing Augusta, GA 30901 Augusta, GA 30901 OFFICE: (706) 821-2843 FAX: (706) 826-4753 EMAIL: gisaddressing@augustaga.gov WWW.AUGUSTAGA.GOV Date: January 3, 2020 To: Engineering Services Committee For Action By: The Augusta Commission From: Michele Pearman GIS Manager Re: Road Name Change of River Shoals Parkway to Topgolf Way Mrs. Michele Pearman, GIS Manager/ Addressing Coordinator, talked with the petitioner, Mr. Troy Jordan, Jordan Trotter Commercial Real Estate Firm, on behalf of the TOPGOLF USA AG, LLC and discussed with him the criteria for having a road renamed. Finding that the road renaming generally fell under the guidelines for the Augusta Richmond County Street Renaming Policy, a petition was prepared by staff and given to the petitioner so that they could obtain the required 66% (two-thirds) signatures needed to rename the road. The petition having been returned to this office, the renaming request was reviewed using the criteria of the Augusta Richmond County Street Renaming Policy. Staff findings are as follows: The existing road name of River Shoals Parkway appears to have no significance in Augusta, Georgia. The road name change does appear to pass the test of continuity. It is proposed that the entire length of River Shoals Parkway be renamed to Topgolf Way and therefore, the third criteria should be considered; The road name change is acceptable to all property owners addressed to River Shoals Parkway, with the standards requiring a minimum of 66% of the adjoining property owners (66%, or 2 of 3 adjoining property owners, have approved the name change) along River Shoals Parkway. It is therefore, staff’s recommendation that the Engineering Services Committee recommend to the Augusta Commission that the road name be changed in accordance with the Augusta Richmond County Street Renaming Policy. cc: Sean Frantom, Commission Member, District 7 John Clarke, Commission Member, District 10 "}', 1.-. • 1 · . . .. • "':·-·---•.J-" =· --.. , "'' ,. f -' ' ,l;,# ' . , • ,.-, .... f;) s-.:;,,. . . . d . _,,_,____...__... .........., • . • This I " :e Iii\ If! never dedicated as •· .... "" public in 2012. Need t, dedicate now as part I <! , re2;1 'l, Cabela Public b Augusta, GA .,_!!I' .. l't !fl Department of Information Technology Geospatlal Information Solutfons {GISJ Otvfslon 535 T•lf•lr St Bide 2000 I Aucust1, GA 30901 www.augustap.1ov/&1s I glsl!)au1ustaga.1ov Uke, Follow, Shilre IAusustaGIS 0000 Auguno, GA Dlsctalmtt 11le dota rqrnenttd on this m11p has bun cvmpllnl by the bntmethods ovollab . A.ccumcy Is com Input upon dte soura Information os a,mp/ltd by vorloin ogendes ond deportments botlt lnkmal and utemol to rlle contolldatrd g,owmmrnt of Auruna, GA. Auc,una, GA ond 1he cvmponles con trotted to dnelop these data os,&1me no kpol responslblHtles for the Information or oauroq coMtllned on this mr,p. tt Is strictly /otblddtn to HII or rrprvdu« theH mops or data forony rnson without the wrltkn consent o/the Au1uno Commluto11. N W*E s Map Scale 1 inch = 200 feet II Print Date Jul 22, 2019 12 12 12 8 9 16 21 SHEET Civil EngineeringLand PlanningLandscape Architecture Water ResourcesProperty ServicesArborist Services 50 Warm Springs Circle Roswell Georgia 30075(770)641-1942 www.aecatl.com NO . RE V I S I O N S DA T E CO P Y R I G H T B Y A E C , I N C . PROJECT NO.: 19-4320CIVIL DRAWN BY: JWMCIVIL DESIGNED BY: JWM, MDVLANDSCAPE DRAWN BY: SLR, JPSLANDSCAPE DESIGNED BY: SLR, JPSCHECKED BY: MDV DATE - 06/17/2019 TO P G O L F A U G U S T A CI T Y O F A U G U S T A , G E O R G I A LEVEL II #6960 Exp 03-15-2021 1 RE V I S E D P E R C I T Y C O M M E N T S 07 - 1 0 - 2 0 1 9 C4.1 SI T E P L A N A N D P A V I N G PL A N S 0 Scale 1" = 40' 804040 Know what'sbelow. before you dig.Call R Dial 811 or Call 1-800-282-7411 Utilities Protection Center, Inc. NORTH M: \ 2 0 1 9 J O B S \ 1 9 - 4 3 2 0 T o p G o l f A u g u s t a \ C i v i l \ 1 9 - 4 3 2 0 T o p G o l f B A S E B 0 1 . d w g , 8 / 1 3 / 2 0 1 9 6 : 2 1 : 5 8 P M , j j w , A R C H f u l l b l e e d D ( 2 4 . 0 0 x 3 6 . 0 0 I n c h e s ) , 1 : 1 SHEET Civil EngineeringLand PlanningLandscape Architecture Water ResourcesProperty ServicesArborist Services 50 Warm Springs Circle Roswell Georgia 30075(770)641-1942 www.aecatl.com NO . RE V I S I O N S DA T E CO P Y R I G H T B Y A E C , I N C . PROJECT NO.: 19-4320CIVIL DRAWN BY: JWMCIVIL DESIGNED BY: JWM, MDVLANDSCAPE DRAWN BY: SLR, JPSLANDSCAPE DESIGNED BY: SLR, JPSCHECKED BY: MDV DATE - 06/17/2019 TO P G O L F A U G U S T A CI T Y O F A U G U S T A , G E O R G I A LEVEL II #6960 Exp 03-15-2021 1 RE V I S E D P E R C I T Y C O M M E N T S 07 - 1 0 - 2 0 1 9 C5.1 GR A D I N G A N D DR A I N A G E P L A N S 0 Scale 1" = 40' 804040 Know what'sbelow. before you dig.Call R Dial 811 or Call 1-800-282-7411 Utilities Protection Center, Inc. NORTH M: \ 2 0 1 9 J O B S \ 1 9 - 4 3 2 0 T o p G o l f A u g u s t a \ C i v i l \ 1 9 - 4 3 2 0 T o p G o l f G R A D I N G G 0 1 . d w g , 8 / 1 3 / 2 0 1 9 6 : 2 2 : 1 1 P M , j j w , A R C H f u l l b l e e d D ( 2 4 . 0 0 x 3 6 . 0 0 I n c h e s ) , 1 : 1 Information Technology Department July 22, 2019 Jones Communications of GA Comcast Service Center 105 River Shoals Parkway Augusta, GA 30909 RE: TPN: 008-0-014-00-0 105 RIVER SHOALS PKWY Dear Augusta-Richmond County Property Owner, Tameka Allen • Director Gary Hewett • Deputy Director Reggie Horne • Deputy Director The Augusta GIS Division is the agency responsible for the approval and assignment of road names and addresses as well as their reassignment, if necessary. Authority for this function is conferred by Georgia Code 46-5-122, as amended. Pursuant to the Augusta Road Naming and Addressing Ordinance, a system to assign addresses and road names has been implemented to aid the rapid response of the emergency 911 communication network and to assist the police, fire, and ambulance services in locating your property quickly in case of an emergency. Utility, Post l, and other services benefit from an accurate addressing assignment system. Mr. Troy Jordan with the Jordan Trotter Commerical Real Estate Group, has presented to us the proposal to rename River Shoals Parkway to Top Golf Drive, future site of the Top Golf entertainment complex in the Villages at Riverwatch. We have received an approval letter signed by James A. Macke, Vite President, Government Affairs on July 12, 2019 and our office is compelled to notify you of how you may/may not be affected. Should the proposal be approved by the Augusta Commission, your associated situs (location) address (es) would change to reflect the new road name. A notice would be sent out at the time the situs address is changed. I have enclosed a map oflocation. If you have questions and/or concerns, please call my office within the Information Technology Department -GIS Division at (706) 945-4568 or emailing to gisaddressing@augustaga.gov . Sincerely, Michele Pearman GIS Manager/ Addressing Coordinator Enc Augusta Richmond County Government Information Technology Department• GIS Division 525 Telfair St 3rd Floor-Physical 530 Greene Street A-101-Mailing Augusta, GA 30901 Augusta, GA 30901 OFFICE: (706) 821-2843 FAX: (706) 826-4753 EMAIL: gisaddressing@augustaga.gov WWW.AUGUSTAGA,GOV Information Technology Department Tameka Allen • Director Gary Hewett • Deputy Director Reggie Horne • Deputy Director Augusta Richmond County Government Information Technology Department • GIS Division 525 Telfair St 3rd Floor – Physical 530 Greene Street A-101 – Mailing Augusta, GA 30901 Augusta, GA 30901 OFFICE: (706) 821-2843 FAX: (706) 826-4753 EMAIL: gisaddressing@augustaga.gov WWW.AUGUSTAGA.GOV January 3, 2020 Jones Communications of GA Comcast Service Center 105 River Shoals Parkway Augusta, GA 30909 RE: TPN: 008-0-014-00-0 105 RIVER SHOALS PKWY Dear Augusta-Richmond County Property Owner, This is the second notice due to a modification requested by the applicant, for the rename of River Shoals Parkway to Topgolf Way (previously submission was Drive). Please contact our office immediately should this present an issue with your approval letter received on July 12, 2019. The Augusta GIS Division is the agency responsible for the approval and assignment of road names and addresses as well as their reassignment, if necessary. Authority for this function is conferred by Georgia Code 46-5-122, as amended. Pursuant to the Augusta Road Naming and Addressing Ordinance, a system to assign addresses and road names has been implemented to aid the rapid response of the emergency 911 communication network and to assist the police, fire, and ambulance services in locating your property quickly in case of an emergency. Utility, Postal, and other services benefit from an accurate addressing assignment system. Mr. Troy Jordan with the Jordan Trotter Commerical Real Estate Group, has presented to us the proposal to rename River Shoals Parkway to Topgolf Way, future site of the Topgolf entertainment complex in the Villages at Riverwatch. We have received an approval letter signed by James A. Macke, Vice President, Government Affairs on July 12, 2019 and our office is compelled to notify you of how you may/may not be affected. Should the proposal be approved by the Augusta Commission, your associated situs (location) address (es) would change to reflect the new road name. A notice would be sent out at the time the situs address is changed. I have enclosed a map of location. If you have questions and/or concerns, please call my office within the Information Technology Department – GIS Division at (706) 945-4568 or emailing to gisaddressing@augustaga.gov . Sincerely, Michele Pearman GIS Manager / Addressing Coordinator Enc From:Sanita Cheatham To:James L.. Perkins; Augusta GA GIS-Addressing; Patrick ClaytonSubject:RE: Approve: River Shoals Parkway Renaming Date:Friday, July 26, 2019 10:21:38 AM Attachments:image001.png Augusta 911 has no issues with renaming street. Sanita Cheatham Assistant Director Augusta 911 Center 911 4th Street Augusta, GA 30901 Work #: (706)821-1211 Fax #: (706)821-1213 From: James L.. Perkins <JPerkins@augustaga.gov> Sent: Thursday, July 25, 2019 2:36 PM To: Augusta GA GIS-Addressing <gisaddressing@augustaga.gov>; Patrick Clayton <PClayton@augustaga.gov>; Sanita Cheatham <SCheatham@augustaga.gov> Subject: RE: Approve: River Shoals Parkway Renaming Fire Department has no objections Captain James Perkins NFPA Certified Fire Plans Examiner Augusta Fire Department Office of Fire Prevention 3117 Deans Bridge Rd. Augusta, GA 30906 Office (706) 821-1641 From: Augusta GA GIS-Addressing <gisaddressing@augustaga.gov> Sent: Thursday, July 25, 2019 2:34 PM To: Patrick Clayton <PClayton@augustaga.gov>; James L.. Perkins <JPerkins@augustaga.gov>; Sanita Cheatham <SCheatham@augustaga.gov> Subject: Approve: River Shoals Parkway Renaming IT-GIS has received a request for road renaming, an agenda item will be submitted with recommendation to approve in accordance to our Road Naming Policy. Action: Renaming of River Shoals Parkway to Top Golf Drive There is already a precedent set in this area for renaming in honor of corporate commitment to the Augusta community with Cabela’s (Cabela Drive previously a portion of Alexander Drive). Approval: As an emergency department, IT-GIS requests concurrence with the recommendation for approval of the renaming of River Shoals Parkway to Top Golf Drive. Please respond back to this email. Location & Map: River Shoals Parkway is off of Riverwatch Parkway and terminates in the Village at Riverwatch, at the new development’s location. RESOLUTION WHEREAS: Jordan Trotter Commercial Real Estate Firm, on behalf of the TOPGOLF USA AG, LLC, initiated a request for a Road Name Change for River Shoals Parkway to be renamed to Topgolf Way. WHEREAS: The existing public road name of River Shoals Parkway appears to have no significance in the area; WHEREAS: It is proposed that the entire portion of the River Shoals Parkway, from Riverwatch Parkway to its termination into the new development of Topgolf in the Village at Riverwatch, be renamed to Topgolf Way; WHEREAS: The renaming request is acceptable to the minimum requirement of 66% of the adjoining property owners (66%, or 2 or 3 adjoining property owners, have approved the name change) for River Shoals Parkway; WHEREAS: This road name change request is being made to honor the commitment Topgolf, known as TOPGOLF USA AG, LLC; now has to the Augusta community; NOW THEREFORE, BE IT RESOLVED BY THE AUGUSTA COMMISSION: THEREFORE: Let it be known that Augusta, Georgia does hereby adopt the road name change of Topgolf Way, from Riverwatch Parkway to the termination into the Topgolf Complex in the Village at Riverwatch, to Topgolf Way. Traffic Engineering is to be notified of the name change and road signs should be erected accordingly. _________________________________ _________________________________ Lena Bonner, Clerk of Commission Tameka Allen, Chief Information Officer _________________________________ Hardee Davis Jr., Mayor CERTIFICATE The undersigned qualified and acting Clerk of the Augusta Commission certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the Augusta Commission held on _______________________________________. ______________________________ Lena Bonner, Clerk of Commission ______________________________ Date Commission Meeting Agenda 1/21/2020 2:00 PM Wheeler Road Multimodal Corridor Project Department:Engineering Dept. Department:Engineering Dept. Caption:Motion to approve Supplemental Agreement One and PE Design Phase (Task Order 2) to Hussey Gay Bell and DeYoung (HGB) in the amount of $836,591 for the Wheeler Road Multimodal Corridor Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. RFQ 17-127 (Approved by Engineering Services Committee January 14, 2019) Background:This project is listed in the Transportation Improvement Program (TIP) and developed using the 2040 Long Range Transportation Plan (LRTP). The project will improve the traffic flow along Wheeler Rd by improving turning lanes and storage, modifying traffic signals, and installing sidewalk and ADA improvements. Hussey Gay Bell and DeYoung (HGB) was selected for Design Engineering through the Procurement RFQ process. In October 2017 Augusta Commission awarded design services contract to HGB. PE Concept Phase (Task Order #1) which included traffic studies and analysis, historical and archeological investigations, environmental analysis, development of various solution concepts, and public input meetings as required by GDOT’s Planning and Development Process (PDP). Analysis:Approval of this agenda item allows AED and HGB to continue the engineering design work that started with Concept Development (Task Order #1)in 2017. This item is supplement to existing contract with HGB. Task Order #2 will allow Hussey Gay Bell and DeYoung to complete the PE process and deliver to Augusta a complete set of construction plans and specifications that can be bid and built using our standard Procurement processes. Financial Impact: Cover Memo MPO Z230s funds will be used to complete the preliminary engineering phase of this project. The ARTS MPO identified federal funding sources to complete Task Order #2. This is a standard Federal reimbursable expense at 80%. The MPO approved the use of these funds at their Policy Committee meeting on June 6, 2019. Federal match at 80% (669,273), City of Augusta, Ga match 20% (167,318). Alternatives:1) Do not approve and close the project without completing needed improvements. Recommendation:Approve Supplemental Agreement One and PE Design Phase (Task Order 2) to Hussey Gay Bell and DeYoung (HGB) in the amount of $836,591 for the Wheeler Road Multimodal Corridor Project as well as authorize the Mayor to execute the revised GDOT Project Framework Agreement as requested by the AED. Funds are Available in the Following Accounts: MPO Transportation Improvement Program Z230s funds 340- 041110-5212115 /JL TP1807002 (669,273) and 328-041110- 5212115/JL 219828921 (142,116) and /JL 219824905(25,202) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo (SA02 – For changes greater than $20,000) July 2019 AUGUSTA, GEORGIA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, Hussey Gay Bell & DeYoung, entered into a contract with Augusta, Georgia on 10/17/2017, for Engineering Design Services for the Wheeler Road Multimodal Corridor Project, File Reference No. 17-014 (A), and WHEREAS, certain revisions to the design requested by Augusta, Georgia are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Engineering additional services to extend PE phase (Task Order 2) It is agreed that as a result of the above described modification the contract amount is increased by $836,591.00 from $636,840.46 to a new total of $1,473,431.46. Any modifications to submittal dates shall be as identified in the attached proposal. This Agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Hussey Gay Bell & DeYoung, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This _________ day of _____________, 2020. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA, GEORGIA Honorable Hardie Davis, Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta Richmond County Project Number(s): 340-041110- TP1807002 Supplemental Agreement Number: 1 Purchase Order Number: 350536; PI#0012867 Augusta-Richmond County, Georgia PI#12867 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#TP1807002 (PI#0012867). This request is for SA1to Hussey Gay Bell and DeYoung in the amount of $836,591.00 for TIP project Enhance Operations at Wheeler Road Multimodal Corridor (I-20) project. Funding is available in the Transportation Improvement Program funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. 750,000$ 669,273$ Intersection Safety 142,116$ Traffic Improvements 25,202$ 1,586,591$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#TP1807002 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET WHEELER ROAD MULTIMODAL CORRIDOR (I-20) TIP Project Funds - Wheeler Rd @ Robert C Daniel Jr Parkway MPO TIP Funds Z230 1 of 2 1/3/2020 Augusta-Richmond County, Georgia PI#12867 CPB#TP1807002 CAPITAL PROJECT BUDGET WHEELER ROAD MULTIMODAL CORRIDOR (I-20) CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB Transportation Impvt Program PI - 0012868 (750,000.00)$ (750,000.00)$ Wheeler Rd @ Augusta West Parkway (669,273.00)$ (669,273.00)$ Intersection Safety 328-041110-219828921 (142,116.00)$ (142,116.00)$ Traffic Improvements (25,202.00)$ (25,202.00)$ 328-041110-219824905 TOTAL SOURCES: (750,000.00)$ (836,591.00)$ (1,586,591.00)$ USE OF FUNDS ENGINEERING - DESIGN 340-041110-52.12115/TP1807002 750,000.00$ 669,273$ 1,419,273$ Intersection Safety 328-041110-219828921 142,116$ 142,116$ Traffic Improvements 25,202$ 25,202$ 328-041110-219824905 TOTAL USES: 750,000.00$ 836,591.00$ 1,586,591.00$ MPO TIP Funds Z230 2 of 2 1/3/2020 Commission Meeting Agenda 1/21/2020 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting and the Special Called meetings of the Augusta Commission held January 8, and January 14, 2020. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo CALLED MEETING COMMISSION CHAMBER January 8,2020 Augusta Richmond County Commission convened at 12:00 Noon, Wednesday, January 8, 2020, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Frantom, M. Williams, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. ABSENT: Hons. Davis, member of Augusta Richmond County Commission. Mr. Mayor: All right, we're going to call this meeting to order. Everybody had a great Christmas and a prosperous New Year on its way. I recognize Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good morning, Mr. Mayor, Commissioners. We request to go, we request a motion to enter into executive session for the purpose of discussing real estate, personnel and litigation. Mr. Garrett: So moved. Mr. Hasan: Second. Mr. Mayor: Voting. Mr. Frantom, Mr. M. Williams and Mr. Clarke out. Motion carries 6-0. IEXECUTTVE SESSTON] Mr. Mayor: We're going to reconvene our special called meeting. The Chair recognizes Attorney Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mr. Mayor, Commission, we would request a motion to execute the Closed meeting affidavit. Mr. Sias: So move. Mr. Frantom: Second. Mr. Mayor: Voting. Mr. Mayor: Unless you mute the mikes they are always hot. Mr. Fennoy out. Motion carries 8-0. Mr. Mayor: The Chair recognizes Attomey Brown for the reading of a motion. Mr. Brown: We would request a motion to approve an increase of $251000 in the annual salary of Chief Christopher James in compensation of his roles as Augusta Richmond County Fire Chief and EMA Director pending his execution of release of claims. Mr. Sias: So move. Mr. M. Williams: (inaudible) a roll call vote. Mr. Mayor: Sure. The commissioner from the 9ft has requested a ro11 call vote. Madam Clerk. The Clerk: Mr. Clarke. Mr. Clarke: Yes. The Clerk: Ms. Davis absent. Mr. Fennoy absent. Mr. Frantom. Mr. Frantom: Yes, ma'am. The Clerk: Mr. Garrett. Mr. Garrett: Yes. The Clerk: Mr. Hasan. Mr. Hasan: Yes. The Clerk: Mr. Sias. Mr. Sias: Yes, ma'am. The Clerk: Mr. Bobby Williams. Mr. B. Williams: Yes. The Clerk: Mr. Dennis Williams. Mr. D. Williams: Yes. The Clerk: Mr. Marion Williams. Mr. M. Williams: No. Mr. M. Williams votes No. Mr. Fennoy out. Motion carries 7-1. Mr. Mayor: Attomey Brown. Mr. Brown: Motion to adopt lease agreement regarding Fire Station #9 on Sand Bar Ferry Road between Augusta, Georgia and the East Augusta Brotherhood Association. Mr. Frantom: So moved. Mr. Garrett: Second. Mr. Mayor: Motion and a second. Voting. Mr. Fennoy out. Motion carries 8-0. Mr. Mayor: Recognize Attorney Brown. Mr. Brown: Motion to approve stadium master lease by and among Augusta, Georgia and the owner, as owner and lessor and the Development Authority of Augusta, Georgia as lessee and sub-lessor and to authorize the Mayor and the Clerk to execute all necessary documents under the guidance of Augusta Law Department. Mr. M. Williams: So move. Mr. Garrett: Second. Mr. Mayor: A motion and a second. Voting. Mr. Fennoy out. Motion carries 8-0. Mr. Mayor: I think all the business that is before us, be that the last motion that was voted on by this body will be the beginning of an incredible partnership between the City of Augusta, the Economic Development Authority and an organization by the name of C4 Live and a press release is eminent announcing a ten-year partnership to bring entertainment programming to the historic Lake Olmstead Stadium throughout the year including the week of the Masters Golf Toumament with the first kick off during the week of Masters Apil2020. This body along with our partner the EDA and my trusted Mayor Pro Tem have done an incredible job of bringing this opportunity to us and we're excited about it. So at the top of the year the City's moving forward. Thank you. All right. I think we'll adjourn that meeting. Mr. Sias: Do you need a motion? So move. Mr. Mayor: I appreciate it anyway. I'm going to come for you for another one in a minute. A1l right, Madam Clerk, I think it's time to call to order ourregular commission meeting, Tuesday, January 8th. The Clerk: Yes, sir. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on January 8,2020. Clerk of Commission Commission Meeting Agenda Commission Chambe r - ll$l2020 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hon. Fennoy, member of Augusta Richmond County Commission. INVOCATION: Reverend Anthony Booker, pastor, New Hope Baptist church PLEDGE OF ALLEGIANCE TO THE FLAG OF TI{E TINITED STATES OF AMERICA. RECOGNITION(S) Years of Service A. congratulations! December Years of service Recipients. Item Action: None lH ItemApprovatsheet.htmt Motions Y:li" Motion rextr ype Made Seconded MotionBy By Result Presentations are made to the December Years of Service Recipients. Five (5) minute time limit per deleeation DELEGATIONS B. Ms. Zelina WaDutumi regarding hosting a "Hiring Event" in Augusta on January 16th for Department of Juvenile Justice at the May Park Community Center. Item Action: None B 2020-08-01 Z. Wa-Dutumio00l.pdf E ltemApprovalsheet.html Motions Motion Motion Text r ype Presentation is made bY Ms. WaDutumi. Seconded Motion By Result Made By C.Mr. Moses Todd - address MOU and/or contracts River Keepers relative to storm water, sanitary sewer, with Augusta Savannah and drinking water. Item Action: None lE ItemAnprovalsheet.html Motions Motion Type Motion Text Presentation is made by Mr. Todd. 1B 2OIO-01-01 Current CSRA HUMANE SOCIETY INC LEASC.Ddf lF CSR{ Humane Societv Inc Rqt.0ool.ndf IB ItemApnrovalSheet.html Motions Motion - """.. Motion Text'l'vne Made Seconded Motion By By Result Made By Seconded Motion By Result D. Mr. Jeff C. Coffey regarding extending current lease agreement with the Item CSRA Humane Society, Inc. of the old City Stockade. Action: None Mr. Jeff CoffeY did not apPear before the Commission. E. Presentation by Trey Allen, 12th Congressional Rep. of GA State Board of Item Education. He will speak on the Georgia Film Academy, tasked with creating a Action: workforce for the film industry in Georgia and the opportunities (JLEC, 401 None Walton Way) can help bring to our area. (Requested by Mayor Pro Tem Sean Frantom) B ltemApprovalsheet.html Motions Motion *r^r:^_ ,T,___r Made Seconded MotionType Motion Text By By Result Presentation is made by Mr. Irey Allen. CONSENT AGENDA (Item l) PETITIONS AND COMMUNICATIONS l. Motion to approve the minutes of the regular meeting and the special called Item meeting of the Augusta Commission held on December 17,2olg. Action: Approved IB Resular Commission MeetinlDecember 17 20l9.odf [B Called Commission Meetinr Decemher 17 2Ol0 ndf B ItemAoprovalsheet.html Motions []jt1" Motion Text Made By Seconded By Motion I YPe ' ---- -r Result Motion to Approve *r^,,"_*.- n ::#T;ffi ;:#il:Tff:* passes Motion Passes 9-0. " ****END CONSENT AGENDA?K'. ** AUGUSTA COMMISSION u8t2020 REGULAR AGENDA u8t2020 (Items 2-7) PUBLIC SERVICES 2. New Ownership: A.N.20-01: A request by Sung Kim for an on premise Item consumption Beer & Wine License to be used in connection with Harbor Inn Action: Seafood located at 3404 Wrightsboro Rd. There will be Sunday Sales. Approved District 5. Super District 9. B AN.zo-ot.ndr E ltemAoorovalSheet.html Motions $]11"' Motion rext Made By seconded By fffi,tl'r ype Motion to commisioner commissionerApprove approve' Sean Frantom Brandon Garrett rasses Motion Passes 9-0. " ADMINISTRATIVE SERVICES 3. Motion to approve postponing the demolition of this building (former JLEC, Item 401 Walton Way) for one year and revisit the issue at the end of each year Action: with aL update from the CVB and Juvenile Court in their continued Approved partnership for use of the building. (Approved by Administrative Services Committee December 10, 20L9, no action taken by the Commission on December 17r20191 requested by Commissioner Brandon Garrett) {B ItemAporovalSheet.html Motions Motion , rf,- r- n-- cr^-^-r^r n-- Motion:""'"- Motion Text Made By Seconded ByTvne I'rvtrv, r !^f Result Motion to approve postponing the commissioner commisionerApprove demolition of the old ;:";^:X;-* i':;]il;; Passes JLEC for one year. Brandon Garrett Sean Frantom Motion Passes 9-0. ENGINEERING SERVICES 4. Discuss storm water and flooding issues. (Requested by Commissioner Item John clarke) *"r.f"Tll3; lB ItemAoorovalSheet.html Motions X:j*1"' Motion Text Made By seconded By fffil'l'ype Motion to refer this item to the next Commissioner Defer Engineering service, commisioner .. sean Frantom Brandon Passes uommrfiee meetlng. uarrefi Motion Passes 9-0. 5. Approve and authorize the Engineering Department (AED) to purchase 30.55 Item Wetland mitigation credits at a total cost of $442,975.00 ($14,500 per Action: mitigation credit) from the Merry Land Properties, LLC (Phinizy Swamp Approved Mitigation Bank) to mitigate wetland impacts as determined necessary by the US Army Corps of Engineers in regards to the Lake Olmstead/Warren Dredging Project. Requested by AED. [B Auqusta Eneineerins Wetland 11.25,19 Ouote,odf B Lake Olmstead 12.26.19 CPB.xlsx B ltemAporovalsheet.html Motions X:jl"' Motion Text Made By Seconded By MotionIype -.---- -'t ----"--- -r Result Motion to Approve "ppi;;;: !;;iT;;ffi ;:#il:H;:.. Passes Motion Passes 9-0. ""*t'I rs,rvrrr urorr\r,' \JC'rrwLL 6. Community update on the 2020 Transportation Investment Act (TIA). Item (Requested by Commissioner Sammie Sias - referred from the December Action: 17 Commission meeting) None lB Asenda Item Com. Sias.odf lB ItemAoorovalsheet,html Motions Motion Made Seconded Motioni;;- Motion rext By By Result An update on the TIA projects is given. ADDENDUM 7. Motion to approve Housing and Community Development Department's Item (HCD's) to provide HOME funding to assist one (1) low to moderate income Action: homebuyer with gap financing, down payment and closing cost to purchase Approved home. (Requested by Commissioner Sammie Sias) lB ItemAoorovrlsheet.html Motions Motion Made Seconded Motioni;;;- Motion Text By By Resurt Unanimous consent is given to add this item to the agenda. Motions Pjt1" Motion Text Made By seconded By MotionType Result Motion to . Approve ,ppi;: S:#T;ffi ;:#illxffi:.. Passes Motion Passes 9-0. ' LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 8. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings Item Action: None www.augustaga.qov CALLED MEETING COMMISSION CHAMBER January 14,2020 Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, January 14, 2020, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Sias, Fennoy, Frantom, M. Williams, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. ABSENT: Hons. Davis and Garrett, members of Augusta Richmond County Commission. The Mayor called the meeting to order. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: I would request that we go into an executive session to discuss pending and potential litigation, real estate and personnel. Mr. Frantom. So moved. Mr. Hasan: Second. Motion carries 8-0. IEXECUTTVE SESSTON] Mr. Mayor: Okay, the Chair recognizes Attomey Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mr. Mayor, we would request a motion to execute the closed meeting affidavit. Mr. Frantom: So moved. Mr. Sias: Second. Mr. Mayor: Voting. Motion carries 8-0. Mr. Mayor: All right, and I think there's more work that needs to be done with regards to the matter that we discussed and so we'll continue that until our next executive session. Okay? All right. Mr. Brown: Thank you, Mr. Mayor. Mr. Mayor: Thank you. All right. Our meeting is adjourned. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on January 14,2020. Clerk of Commission Commission Meeting Agenda 1/21/2020 2:00 PM District 2 appointments Department: Department: Caption:Motion to approve the appointment of Ms. Ronic West to the Augusta Aviation Commission and Mr. Christopher Mulliens to ARC Library Board of Trustees representing District 2. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Entertainment Zone Right-of-Way Encroachment Department:Planning & Development Department:Planning & Development Caption:Motion to approve Planning & Development Department recommendations to amend Augusta, Georgia Code, SIDEWALK ENCROACHMENTS, Section 3-8-11 so as provide regulations for right-of-way encroachments / sidewalk café, definitions to include entertainment zone, permit requirements, and general regulations, to Waive the Second Reading, and to provide an effective date. (No recommendation from Public Services Committee January 14, 2020) Background:At the November 6, 2018, regular meeting the Commission approved the recommendations outlined by Commissioner Frantom and the Entertainment Zone Committee regarding the defined entertainment zone area, an amendment to the noise ordinance, encroachment on the sidewalks, and the use of food trucks….The current Sidewalk Encroachment ordinance (Section 3-8-11), under certain conditions, allows for the use of the sidewalk for the placement of planters, merchandise, and table and chairs in front of restaurants…. During 2019, the Entertainment Zone Committee met several times, predominantly to discuss the placement of tables and chairs on the sidewalks. It was determined that the current ordinance needs to be updated. Analysis:The current sidewalk ordinance is dated and does not include regulations required to effectively administer the code. The proposed amendments provides for conducting business on certain public sidewalks, defines the Entertainment Zone boundaries, and outlines the permitting process to include an annual regulatory fee. Financial Impact:The proposed Ordinance amendment includes a $25.00 application fee and an annual $25.00 regulatory fee. Cover Memo Alternatives:Do not approve. Recommendation:Approval Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo INDEMNITY STATEMENT Right-of-Way Encroachment / Sidewalk Café Permit WHEREAS, _____________________________________________has submitted an application for a Right-of-Way Encroachment Permit / Sidewalk Café Permit to Augusta, Georgia, in connection with ____________________________________________________________________ business located at _____________________________________________________________________Augusta, Ga; and WHEREAS, conducting Sidewalk Café business on public right-of-way is allowed only through a permitting process; and NOW, THEREFORE, in consideration of Augusta, Georgia, issuing a Right-of-Way Encroachment Permit / Sidewalk Café Permit for the use of public property as provided for in Augusta, GA. Code, Section 3-8-11, Right-of-Way Encroachment Permit / Sidewalk Café Permit, _________________________________________________shall indemnify and save harmless Augusta, Georgia, the Augusta Commission, and their employees, agents, elected officials and officers, against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify and save harmless Augusta, Georgia, the Augusta Commission, and their employees, agents, elected officials and officers, from any and all claims, demands, suits, actions or proceedings of any kind of nature, of or by anyone whomsoever, in any way resulting from or arising out of Augusta, Georgia, approving said Right-of-Way Encroachment Permit / Sidewalk Café Permit dated, _______________, 20__________, and submitted by ___________________________________ . This Indemnity Agreement is binding on the applicant / business _____________________________ _________________________________________who agrees that said permit is non-transferable, and that said permit will expire upon the earlier of transfer of ownership, change in use of the establishment, or termination, suspension or revocation of a business tax certificate. Signed, Sealed and Delivered This _____ day of ____________________, 20_____ in the presence of : _________________________________ ______________________________________ Witness Witness ____________________________________________________________________________________ Applicant / Business Owner______________ ______________________________ Commission Expires:_____________________ Notary Public ENCROACHMENT PERMIT APPLICATION FORM Planning & Development Department 535 Telfair Street, Suite 300 Augusta, GA 30901 Office: (706) 821-1796, Fax: (706) 821-1806 LOCATION OF ENCROACHMENT (Business Name / Address where applicable): __________________________________________________________________________________________ If there is no address adjacent to proposed encroachment, describe limits by nearest existing street intersections. APPLICANT INFORMATION (PLEASE PRINT) FULL NAME: _____________________________________________________________________________ MAILING ADDRESS: ______________________________________________________________________ PARCEL NUMBER: _______________________________________________________________________ PHONE: ___________________________________ CELL: ___________________________________ EMAIL ADDRESS: ________________________________________________________________________ PROJECT INFORMATION DESCRIPTION OF ENCROACHMENT: _______________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ PERIOD OF TIME FOR ENCROACHMENT: INDEFINITE or OTHER:_____________________________ (circle one) SIGNATURE: _______________________________________________ Applicant agrees that if this application is granted, applicant shall indemnify, defend and hold harmless Augusta GA, its officers, agents, and employees against any and all liability, claims, actions, causes of action or demands, whatsoever against them, before administrative, quasi-judicial, or judicial tribunals of any kind whatsoever, arising out of, connected with or caused by the applicant’s placement, erection, use (by applicant or any other person or entity) or maintenance of said encroachment or until such time that this permit is revoked. Applicant further agrees that upon the expiration of the permit for which this application is made, of granted or upon the revocation thereof by Augusta GA, applicant will at his own expense, remove the same from public property or right-of-way where the same is located, and restore said public property of right-of-way to the condition as nearly as that which it was before the placing, erection, maintenance, or existence of said encroachment. Applicant further agrees to obtain and keep all liability insurance required by Augusta GA. in full force and effect for however long the encroachment remains. Applicant shall furnish the Planning & Development Department with a Certificate of Insurance evidencing sufficient coverage for bodily injury or property damage liability or both and required endorsements evidencing the insurance required. The type(s) and amount(s) of insurance coverage required are: Residences: Homeowners General Liability coverage in the amount of at least $300,000 Commercial: Commercial Liability coverage in an amount of at least $1,000,000 The Commercial Liability policy must identify Augusta GA and its mayor, commission, officers, agents, employees, and designated volunteers as Additional Insureds. ENCROACHMENT PERMIT REQUIREMENTS 1) Application 2) Copy of Augusta, Georgia Occupational License (for Commercial) 3) Drawing; minimum 8 ½” x 11” showing location of encroachment relative to existing street including roadway, curb & gutter, sidewalk, and property or nearest street intersection. Drawing must include all necessary information for permit reviewer to locate proposed encroachment in the field and assist in making a determination regarding your request. For Sidewalk Café, drawings must include: A. Dimensions of encroachment area, length and width in relation to establishment, B. Distance to nearby existing sidewalk obstacles, C. Dimensions of all nearby pedestrian clearances, and D. Completed Indemnification 4) Type and Amount of Insurance Coverage for encroachment; A. Residence – Homeowners General Liability coverage in the amount of at least $300,000. B. Commercial – Commercial General Liability coverage in the amount of at least $1,000,000. C. Additional Insured Verbiage (for Commercial only): “Augusta GA, its mayor, commission, employees, agents, and volunteers are added as additional insured’s with respect to (encroachment description).” {:1/ro"o Office of the Administratorr'9 I *t I A Janice Allen Jacksou, Adnritrisirator Jarvis Sims, Deputy Adminittrator Tony McDonald, Deputy Adnrinistrator Suite 910 Municiprl Building 5-15 fclfair Street - AUGUSTA, GA ,0901 (706) 82t-24O0 FAX (706) 8r r-28re November 6, 2018 lrEMo To FrLJ Tle Augusta, Georgia Commission, at their regular meeting held on Tuesday, November 6, 2018 qproved lhe remmmendations ou0ined by the Entertainmenl Zone Committee regarding trc defined entertainment zone aroa, an amendment to lhe noise ordinance, encroachmenl on the sidewalks ad the use of food trucks. (ffioved by Public 9ervices Comrnittee October 30, 2018) qlLh"" -t, ORDTNANCE NO. AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 3, CHAPTER 8,ARTICLE I, STREETS AND SIDEWALKS, SECTION 3-8-I I SIDEWALKENCROACHMENTS; SO AS TO PROVIDE FOR ENCROACHMENTS AND CoNDUCTINGBUSINESS ON CERTAIN PUBLIC SIDEWALKS, DEFINITIONS TO INCLUDEENTERTAINMENT ZONE, PERMIT REQUIREMENTS, AND GENERAL REGULATIONS;TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODESECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECONDREADING; TO PROVIDE AN EFFECTIVE DATE AND FoR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT ISHEREBY ORDAINED BY THE AUTHORITY OF SAME THAT THE AUGUSTA,GEORIGA RIGHT-OF-WAY ENCROACHMENT ORDINANCE IS AMENDED, ASFOLLOWS: SECTION 1. Title 3, Chapter 8, Article I, Streets and Sidewalts, Section 3-8-l l Sidewalk Encroachments,is hereby amended by deleting this section in its entirety, AND new Section 3-g-11 is hereby inserted to replace the repealed section as set forth in "Exhibit A,,hereto. SECTION 2. This ordinance shall become upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _ day of 2020_ Hardie Davis, Jr. As its Mayor Attest: Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ,2020and that such Ordinance has not been modified or rescinded as of-the date ne.eof a.ra tn" 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: WAIVE SECOND READING ,,EXHIBIT A" Sec. 3-8-11. Right-of-Way Encroachments / Sidewalk Caf6 Permit - Restaurants Section 3-8-11.1 In General There shall be no physical encroachments or conduct of business on public sidewalks in Augusta-fuchmond County, except where buildings on lots, which udioin such public sidewalks,are set back ten (10) feet or less from the right-of-way line upon which such sidewalks arelocated. On the sidewalks in front of such lots there is hereby designated a right-of-way encroachment zone. The following items may be placed within thJright-of-iuy .rr"rouchment zone directly in front of such lots, subject to the other provisions of this section: tables andchairs; planters; and benches; sandwich board type signs (not to exceed twelve (12) square feetin area nor five (5) feet in height, nor be less than thre" 1:;'f""t in height); and, merchandisewhich, by local community standards, is not deemed to be objectionable, vulgar, distasteful, obscene br offensive. (a) All merchandise placed on public sidewalks shall be removed daily from the sidewalk afternormal business hours. Approval from the Planning & Development iepartment for theplacement of merchandise is required, however a permit is not issued. (b) No items may be placed on public sidewalks in violation of this code. Section 3-8-11.2. Definitions (a) Sidewalk Cafe. The term "sidewalk cafe" shall mean the location and possible use of furnishings which shall be limited to tables, umbrellas and/or chairs on the public sidewalk as permitted in this chapter and operated as an extension of a food establishment and which sidewalk cafe shall be an incidental activity of the establishment. The width of the sidewalk shall be measured from the face of curb to the right-of-way line. A sidewalk cafd requires approval through a permitting process as described in this code section. The sidewalk area that may be used for a sidewalk caf6 is described below: (l) SIDEWALK THAT IS LESS THAN l0'WIDE:No "sidewalk caf6" encroachments are allowed. (2) SIDEWALK THAT IS l0' UP TO 19' IIIDE: No more than five (5) feet from the front property line provided, however, a minimum of five (5) feet shall be provided at all times for continuous, unobstructed pedestrian traffic on the sidewalk between the sidewalk encroachments and the curb; there must be a minimum of 36" of unobstructed passage to the nearest obstacle: i.e. tree, fire hydrant, etc. (3) SIDEWALK THAT IS 20' WIDE OR MORE: No more than ten (10) feet, from the front property line provided, however, a minimurn of ten (10) feet shall be provided at all times for continuous, unobstructed pedestrian traffic on the sidewalk between the sidewalk encroachments and the curb; there must be a minimum of 36" of unobstructed passage to the nearest obstacle: i.e. tree, fire hydrant, etc. (b) Merchondise: The term "merchandise" can include art, clothes, books, etc. The sidewalk area that may be used for displaying merchandise is described below: (1) No more than five (5) feet from the front property line provided, however, there must be a minimum of 36" of unobstructed passage to the nearest obstacle: i.e. tree, fire hydrant, etc. (c) Director. The term "Director" shall mean the Director of the Augusta Planning & Development Department, or his designee. (d) Permittee.The term "permittee" shall mean the recipient of a sidewalk cafe permit under the terms and provisions of this chapter. (e) Entertainment Zone. The term "Entertainment Zone" shall mean that area of Augusta, Georgia, in the Central Business District that is bounded by the Savannah River to the north, Greene Street to the south, Fifth Street to the east and Thirteenth Street to the west. Section 3-8-11,3. Permit It shall be unlawful for any person to operate a sidewalk cafe in the Entertainment Zone except as permitted in this Chapter. It shall be unlawful for any person to operate a sidewalk cafe as described in this ordinance without a permit issued by the Director, or to fail to comply with all sections of the sidewalk cafe ordinance. Such permit shall be renewed annually by payment of regulatory fee at the time business licenses are renewed. (a)The issuance of a sidewalk cafe permit shall not be construed or interpreted to convey any vested property rights or any leasehold rights or interests to any person or business. The holder of a permit shal have the right to enforce trespass laws within a sidewalk cafe area. Permittee's use of the sidewalk cafe area is subject to the riehts of utilitv companies pursuant to franchise or easement. Prior to acceptance of a permit, a permittee shall acknowledge that permittee has inspected the sidewalk area and determined that the area is suitable for its purposes and that it assumes all risks associated with its use of such (1) (2) (3) area. The provisions of this chapter are subject to change with amendment(s) by the Augusta Commission from time to time. (b)Sidewalk cafe permits are non-transferable. Permits will expire upon the earlier of transfer of ownership, change in use of the establishment, or termination, suspension or revocation of a business tax certificate. Section 3-8-11.4 Aoplication Any person desiring to operate a sidewalk cafe shall submit an application, on a form prescribed by the Director to the Planning & Development Department. The application shall include, but not be limited to, the following: Name of applicant; Name, address, and telephone number of establishment; A copy of a valid Augusta, Georgia occupational tax certificate for the establishment of which the sidewalk cafe will be an incidental activity;(4\ A signed Indemnity and a copy of a current certificate of insurance in the amounts and categories required by section 3-8-l 1.6 of this chapter.(5) A sketch identifying the perimeter area, the dimensions of the area, and the dimensions from perimeter to curb or nearest obstacle. , Sec. The per4it application / encroachment permit fee to operate a sidewalk cafe shall be twenty-five dollars ($25) which includes one (1) inspection. Each additional inspection is twenty-five dollars ($25.00). A regulatory fee of twenty-five dollars ($25) is paid at the time the permitapplication is approved. The regulatory fee of twenty-five dollars ($25) is paid annually at the time the business license is renewed. Restaurants that have tables on the sidewalks on the date this code is adopted will have two months to comply with the ordinance. Sec. 3-8-11.6. Reeulations Generallv Except as otherwise provided herein, a sidewalk cafe shall comply with the following regulations: (l) Limitations on area. The area in which a sidewalk cafe is operated shall abut the outside front wall of the establishment of which it is an extension and shall not extend parallel in either direction beyond the outside front wall of the establishment. The area permitted for a sidewalk cafe is stated in Section 3-8-1 1.2 (a) of this code. (2) Sanitation.lt shall be the responsibility and duty of the establishment to which the sidewalk cafe encroachment permit is issued to maintain the area covered by the permit in a clean, neat, and orderly manner at all times. The area shall be cleared of all debris at all times. Pressure washing by permittee shall be conducted using water only. The use of cleaning agents is prohibited. All furnishings are to be kept clean, sanitary, safe, and in structurally sound condition at all times. applicant shall be provided an explanation of the denial. (3) Removal offurnishings. All furnishings of a sidewalk cafe, to include tables, chairs, and umbrellas shall be removed from the public sidewalk area as notified by the Engineering Department for sidewalk cleaning, repairs, or maintenance. Removal shall be done at permittee's sole expense. (4) Each table may be equipped with an umbrella that, when open, shall extend to at least the same diameter as the table it serves and shall be anchored with a weighted base. Any umbrella protruding into public space shall be positioned at a minimum height of seven feet. An umbrella may display the name or logo of the restaurant operating the sidewalk cafe and/or advertise a product. Each umbrella shall be maintained in good, clean, and operable condition. (5) Suspension or modification of operation. The Director shall have the authority, upon giving advanced notice, to require any sidewalk cafe operating in an area created by this section to suspend operation and clear such area, or to move or modi$ the location or operation of the sidewalk cafe, for reasons such as, but not limited to: a. Any permitted special event; b. Arry street, sidewalk, or utility construction; c. Any emergency situation; or d. The protection of the health, safety, and welfare of the public. (6) The sale and consumption of alcoholic beverages within sidewalk cafes that abut the establishment's building may be allowed in accordance with Augusta Alcohol Ordinance. (7) No items, materials (other than furnishings used in the normal operation of the sidewalk cafe), or trash shall be stored, kept, or maintained within the sidewalk cafe area. (8) Establishments located on the corner of two streets may apply for a sidewalk cafe permit that includes both street faces of the establishment. (9) The permittee shall have the responsibility to ensure that patrons are informed that open containers of alcohol, if otherwise permitted, are not allowed outside of the permitted sidewalk cafe area= (10) Other types of sidewalk encroachments such as the placement of tents on the sidewalk during Master's Week will be considered by Director / Engineering Department on a case-by-case basis upon the submittal of the Encroachment Permit Application. (11) Other types of right-of-way encroachments outside "EntertainmerrtZone" will be considered by Director / Engineering Department on a case by case basis. The guidelines established herein will be in effect for all encroachment requests. Sec. 3-8-11,7 Liabilitv and Insurance The permittee shall indemni$, defend, save, and hold harmless Augusta, Georgia, its officers and employees, from any and all claims, liability, damages, and causes of action which may arise out of the permit or the permittee's activity on the premises. The following is to be submitted with the completed Encroachment Permit Application: ( I ) Completed Indemnification. (2) Commercial general liability in the amount of $1,000,000.00 per occurrence for bodily injury and property damage. Augusta, Georgia must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (3) Residential general liability in the amount of $300,000 per occurrence for bodily injury and property damage. Augusta, Georgia must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (4) Augusta, Georgia must receive 30 days written notice prior to any cancellation, non-renewal,or material change in the coverage provided. (5) The permittee must provide an original certificate of insurance as evidence that the aboverequirements have been met prior to issuance of a permit. 11. probation, suspended and/or revoked by the Augusta, Georgia Commission after a finding of duecause in accordance with Augusta, Georgia Code section 2llig. Any person or entity receiving a permit hereunder agrees to fully comply with all requirements ofthe Americans with Disabilities Act as currently .*irting or as may be hlreafter amended. The approval of a sidewalk caf6 encroart *.r,t p"*it is conditional at all times. Any permitissued under this Ordinance is associated with the business tax certificate which may be put on t-10. It is hereby declared to be the intention of the Augusta commission that the sections, paragraphs, sentences, clauses, and phrases ofthis chapter are severable, and ifany phrase, clause, sentence,paragraph, or section of this chapter shall be declared unconstitutional or otherwise invalid bythe valid judgment or decree of any court of competent jurisdiction, such invalidity shall notaffect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this chapter, since the.same would have been enacted by the mayor and commission without the incorporationin this chapter ofany such invalid phrase, clause, sentence, paragraph, or section. Commission Meeting Agenda 1/21/2020 2:00 PM Noise Ordinance Amendment Department:Planning & Development Department:Planning & Development Caption:Motion to approve Planning & Development Department recommendation to amend Augusta, Georgia Code, Noise, Section 3-6-2 (b and d), so as to amend the hours for events in the Entertainment Zone, to Waive the Second Reading, and to provide an effective date. (No recommendation from Public Services Committee January 14, 2020) Background:At the November 6, 2018, regular meeting the Commission approved the recommendations outlined by Commissioner Frantom and the Entertainment Zone Committee regarding the defined entertainment zone area, an amendment to the noise ordinance, encroachment on the sidewalks, and the use of food trucks.…The current noise ordinance, Section 3-6-2 (b and d), limits the hours to 11:00 PM; the proposed amendments will extend the hours in the Entertainment Zone to 12:00 Midnight. Analysis:The proposed amendments will extend the time for events in the Entertainment Zone from 11:00 PM to 12:00 Midnight. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approval Funds are Available in the Following Accounts: N/A Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 3, CHAPTER 6, ARTICLE 18, NOISE, SECTION 3-6-2 (b and d): PROHIBITED NOISE ENUMERATED; SO AS TO AMEND THE HOURS THAT NOISE CREATED BY RADIOS, PHONOGRAPHS, SIMILAR DEVICES AND SINGING IN THE ENTERTAINMENT ZONE AS DEFINED IN AUGUSTA, GEORGIA CODE, SECTION 3-8-11.2(e) IS PROHIBITED; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, THE NOISE ORDINANCE IS AMENDED AT IT APPLIES TO THE ENTERTAINMENT ZONE, AS FOLLOWS: SECTION 1. Title 3, Chapter 6, Article 18, NOISE, Sections 3-6-2 (b and d), are hereby amended by deleting these sections in their entirety, AND new Sections 3-6-2 (b and d), are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2020. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2020 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: _________________________ WAIVE SECOND READING “EXHIBIT A” NOISE Sec. 3-6-2. Prohibited noises enumerated. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive: (b) Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a manner as to disturb the comfort, health, peace or safety of reasonable neighboring inhabitants of ordinary sensibilities. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be a prima facie evidence of a violation of this section. (d) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity. NOISE Sec. 3-6-2. Prohibited noises enumerated. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive: (b) Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a manner as to disturb the comfort, health, peace or safety of reasonable neighboring inhabitants of ordinary sensibilities. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be a prima facie evidence of a violation of this section, except in the Entertainment Zone as defined in Augusta, Georgia Code Section 3-8-11.2(e) in which the operation of any set, instrument, phonograph, machine or device between the hours of 12:00 Midnight and 7:00 a.m. in manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be a prima facie evidence of a violation of this section. (d) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity; and in the Entertainment Zone as defined in Augusta, Georgia Code Section 3-8-11.2(e) in which yelling, shouting, hooting, whistling or singing on the public streets, particularly between the applicable hours of 12:00 Midnight and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity. . Commission Meeting Agenda 1/21/2020 2:00 PM Regulatory Fee Department:Planning & Development Department:Planning & Development Caption:Motion to approve Planning & Development Department recommendation amending Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Section 2 -1-3(c), so as to establish the regulatory fee for Right-of-Way Encroachment / Sidewalk Café Permit, to Waive theSecond Reading, and to provide an effective date. (No recommendation from Public Services Committee January 14, 2020) Background:At the November 6, 2018, regular meeting the Commission approved the recommendations outlined by Commissioner Frantom and the Entertainment Zone Committee regarding the defined entertainment zone area, an amendment to the noise ordinance, encroachment on the sidewalks, and the use of food trucks….The current Sidewalk Encroachment ordinance (Section 3-8-11), under certain conditions, allows for the use of the sidewalk for the placement of planters, merchandise, and table and chairs in front of restaurants…. During 2019, the Entertainment Zone Committee met several times, predominantly to discuss the placement of tables and chairs on the sidewalks. It was determined that the current ordinance needs to be updated. Analysis:The proposed regulatory fee is associated with the need to monitor the placement of tables and chairs on the sidewalk in front of restaurants. In the past, there have been times when tables and chairs have been spaced in front of restaurants from the building to the back of the curb. Financial Impact:The proposed Ordinance amendment is for a $25.00 per year regulatory fee. Alternatives:Do not approve the regulatory fee. Cover Memo Recommendation:Approval Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo ORDINANCE NO. __________ AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 2-1- 3(c) SO AS TO ESTABLISH THE RIGHT-OF-WAY ENCROACHMENT SIDEWALK CAFÉ REGULATORY FEE; TO CORRECT AN ADMINISTRATIVE ERROR AND INCLUDE CONSUMER FIREWORK FEES PREVIOUSLY APPROVED ON DECEMBER 1, 2015; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT THE AUGUSTA, GEORIGA REGULATORY FEE SCHEDULE IS AMENDED, AS FOLLOWS: Section 1. Augusta-Richmond County Code § 2-1-3(c), is hereby amended by deleting said subsection in its entirety, and substituting in lieu thereof the following, to-wit: Sec. 2-1-3 (c). The regulatory fee schedule for persons in occupations and professions shall be as set below, and may be amended from time to time: Adult Entertainment Establishments $3,830.00 per year Adult Entertainment (live) $155. per day Amusement Parks $770.00 per year Arcades $385.00 per year Consumer Fireworks Special Use Permit $100.00 (ALLOW THE USE OF CONSUMER FIREWORKS AT TIMES OTHER THAN BETWEEN THE HOURS OF 10:00 AM AND MIDNIGHT, AND FROM 10:00 AM THROUGH 2:00 AM JANUARY 1, JULY 3, JULY 4 AND DECEMBER 31) Craft Show Promoters $460.00 per year Dance Hall License incidental to Alcohol License $155.00 per year Entertainment Venue: $385.00 per year Flea Markets 1 through 10 rental spaces $460.00 per year 11 or more rental spaces $770.00 per year Fortune Tellers $770.00 per year Going Out of Business Sales $155.00 per 90 days (May be renewed for 60 days) $155.00 Hybrid Restaurant $550.00 per year Incidental Alcohol License $250.00 per year Second Hand Goods $155.00 per year Special Entertainment Permit $50.00 Street Vendors $55.00 per day Temporary and Transient Vendors $195.00 per day Wreckers $40.00 per year Taxicabs $40.00 per year Temporary Consumer Fireworks Retail Sales $500.00 Limousines $40.00 per year Vending Machines (per machine) $10.00 per year. Salvage Yards $350.00 Right-of-Way Encroachment / Sidewalk Café $25.00 per year Section 2. This ordinance shall become effective upon adoption. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this _________ day of ______________, 2020. AUGUSTA-RICHMOND COUNTY COMMISSION ATTEST: By:____________________________________ ________________________ As its Mayor Clerk WAIVE SECOND READING Commission Meeting Agenda 1/21/2020 2:00 PM Hiring Process for Administrator Department: Department: Caption:Discuss the hiring process for the position of Administrator. (No recommendation from Administrative Services Committee January 14, 2020) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo s 1-2-28 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7.10.2007 Secs. 1-2-28, l-Z-29. Reserved. ARTICLE 3 ADMINISTRATOR FOR AUGUSTA-RICHMOND COUNTY Sec. 1-2-30. Office created. (a) There is hereby created the office ofAdmin_istrator for Augusta-Richmond County. (b) The administrator for Augusta-Richmond County shall be elected,/appointed by a majorityvote of the Commission of Augusta-Richmond County, Georgia, from nominations presented bythe Mayor following the Commission approvedrecruitment process. The Mayor shall present asmany as three top candidates for appointment, along with his recommendation. The Commission shall elect/appoint an Administrator from amongthe candidate or candidates presented by the Mayor. Should none of the candidates be elected./ appointed, then the Mayor shall nominate asmany as three new candidates from those who applied through thr recruitment process. (c) The Administrator is employed at the plea- sure of the Mayor and Commission and performs duties under the direction and supervision ofthe Commission through the Mayor. The Administra- tor maintains regular contact with the Mayor andthrough the Mayor keeps all Commission mem- bers informed on significant and,/or controversial issues involving the government, its seryices, policies, and employees. (d) In the event of a vacancy in said offrce for any cause, the Commission may elect an ActingAdministrator by a majority vote pending the election/appointment of an Administrator as pro- vided in subsection (c) hereof. (Ord. No. 6754, g l, t-4-0b; Ord. No. 6772, * l, 3-1-05) Sec. 1-2-31. Suspension, removal by commis- sion; hearing. (a) The Administrator for Augusta-Richmond County may be removed only by a majority vote ofthe Commission. (b) The Mayor is empowered to impose disci_plinary action upon the Administrator after rati_fication by a majority of the Commission. In caseof suspension or removal, the Administrator forAugusta-Richmond County shall be given a writ_ten statement of the reasons for such action. Hemay, within five (b) days from receipt thereof, request a public hearing thereon before the Com_ missjon. Upon receipt of such request, a hearingshall be set not earlier than ten (10) days nor lateithan frfteen (15) days from the date of suchrequest. Pending such hearing, and until final action has been taken thereon, the Administrator for Augusta-Richmond County may be suspended from office and all of the duties thereof performed by some other person designated by the Commis- sion to perform such duties. The action of the Commission in suspending or removing the Ad-ministrator for Augusta-Richmond County shall be final. Sec. 1-2-32. Qualifrcations. The Administrator for Augusta-Richmond County shall be chosen by the Commission solely upon the basis of his executive and administra-tive qualifications, with special reference to hisactual experience in or knowledge of accepted practices in respect to the duties of his offrce, ashereinafter set forth. He shall be of good charac- ter and be ofproven executive ability and experi- ence. No person related by blood or marriagewithin the third degree to any member of the Commission shall be eligible for appointment asAdministrator for Augusta-Richmond County. No member of the Commission, or holder of a public elective office in Augusta-Richmond County dur- ing the term of office for which he was elected, orfor a period of one (1) year thereafter, shall be eligible for appointment as Administrator for Au-gusta-Richmond County. Sec. 1-2-33. Salary. The Administrator for Augusta-Richmond County shall be paid an annual salary to be fixed by the Commission. Sec. 1-2-34. Bond. Before entering upon his duties, the Adminis-trator for Augusta-Richmond County shall give T1:46 Commission Meeting Agenda 1/21/2020 2:00 PM Advertising for Administrator and Recreation Director position Department: Department: Caption:Approve advertising for Administrator and Recreation Director position. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM CSRA Humane Society, Inc. Department: Department: Caption:Discuss the current expired lease agreement with the CSRA Humane Society, Inc. of the old City Stockade, 425 Wood. St. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo STATE OF GEORGIA RICHMOND COUNTY LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this day of tst._= 2010, by and between, AUGUSTA, GEORGIA, a political subdivision of the ` of Georgia, hereinafter called "Lessor," and the CSRA HUMANE SOCIETY, INC., a non - profit corporation organized and existing under the laws of the State of Georgia, hereinafter called Lessee." WITNESSETH WHEREAS, Lessor is the owner of a building and real property, which is located at the northern end of Milledge Road in Augusta, Richmond County, Georgia; known as 425 Wood Street. WHEREAS, Lessor wishes to lease to Lessee, and Lessee desires to lease from Lessor, said building and property; and WHEREAS, Lessee's mission is to find loving homes for adoptable, abandoned, and homeless pets while educating the community about responsible people -pet relationships, promoting aggressive spay /neuter campaigns, and encouraging the humane treatment of all animals; and WHEREAS, Lessee wishes to operate an Education and Adoption Center on said property. NOW THEREFORE, the parties hereto, for and in consideration of the mutual promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, DO HEREBY AGREE, each for itself and its successors and assigns, as follows: SECTIONS: 1. Leased Premises: Lessor, duly authorized, does hereby lease unto Lessee, and the Lessee does hereby lease and obtain for the purposes herein set forth from the Lessor, for Lessee's exclusive use, the area described in the attached Exhibit "A" (hereinafter called the Leased Premises "). Leased Premises" shall also include any changes, additions, alterations, modifications, and/or improvements on or to the Leased Premises made in accordance with this Lease Agreement. 2. Teiin: Lessor hereby rents, leases, and lets unto Lessee, and Lessee hereby rents and leases from Lessor, the Leased Premises, for the rental and upon and subject to the terms and conditions set forth herein, for an extended term of ten (10) years, commencing on January 1, 2010, and ending on the 31 day of December, 2019. This Lease Agreement shall create a usufruct only and not an estate for years. 1 3. Rental: During the term of this Lease Agreement, Lessee agrees to pay Lessor the rental sum of One Dollar ($1) per annum, payable in advance. The obligation of Lessee to make the rent payment called for in this section shall be absolute and unconditional in all events and shall not be subject to any setoff, defense, counterclaim, or recoupment for any reason whatsoever, except as otherwise provided by the law of the State of Georgia. 4. Utilities: Lessee shall pay all charges for electricity, gas, water, sewer service, sewer treatment, telephone, and other communication or utility service used in or rendered or supplied to the Leased Premises throughout the term of this Lease Agreement and shall indemnify Lessor and hold it forever harmless against any and all liability or damages related thereto. 5. Use of the Leased Premises: Lessee shall use the Leased Premises only for the purpose of operating the CSRA Humane Society Education and Adoption Center. The Lessee agrees no animals shall be allowed outside the facility before 7:00 A.M. or after 9:00 P.M. daily. 6. Repairs and Maintenance: Lessee shall maintain the exterior surfaces of the Leased Premises, including any changes, additions, alterations, modifications, and/or improvements made by Lessee as provided in Section 8 hereof, normal wear and tear excepted. The Lessee agrees that the landscaping shall be regularly maintained and the grass shall never be longer than six (6) inches. 7. Changes, Additions, Alterations, Modifications, Improvements: Lessee shall not, without prior written consent of Lessor, make any changes, additions, alterations, modifications, and /or improvements, structural or otherwise, in or upon any part of the Leased Premises. The foregoing shall also apply to any exterior signs, notices, placement of machinery or equipment either attached or placed outside of the Leased Premises. Lessee agrees to submit any and all plans for any changes, additions, alterations, modifications, and/or improvements to the Leased Premises to Lessor for approval before said alterations, changes, or additions are begun. Lessor shall not unreasonably withhold its approval of said plans. 8. Title to Changes Additions Alterations Modifications Improvements: It is mutually understood and agreed that title to any changes, additions, alterations, modifications, and/or improvements, whether existing on the Leased Premises at the effective date of this Lease Agreement or added to the Leased Premises during the term of this Lease Agreement, and to all of the buildings and structures and all other improvements of a permanent character that may be built upon the Leased Premises by the Lessee during the term of the Lease Agreement, shall remain the property of the Lessor and that fee simple title to the same shall be vested in Lessor. 9. Inspection by Lessor: Lessor, its authorized agents or representatives shall have the right to enter upon the Leased Premises to make inspections during regular business hours when a representative of the Lessee is present, or at any time in case of an emergency to determine whether Lessee has complied with and is complying with the terms and conditions of this Lease Agreement; provided, however, that said inspection shall in no event unduly disrupt or interfere with the operation of Lessee. Any deficiencies noted during the inspection shall be corrected within thirty (30) days. 2 • 10. Taxes: Lessee shall pay any and all personal property taxes that may be assessed against its equipment, merchandise, or other property located on or about the Leased Premises and any franchise fees or other taxes which may be imposed or assessed against Lessee or its leasehold interest. 11. Rules and Regulations: Lessee agrees that the use of the Leased Premises shall be conducted in compliance with all local, state, and federal laws, the ordinances of Augusta, Georgia, the rules and regulations of the Augusta - Richmond County Commission, and all rules and regulations of Lessor. Lessee further agrees to endeavor to conduct its business in such a manner as will develop and maintain the good will and active interest ofthe general public. Lessee specifically agrees that its operations shall be conducted in compliance with all federal, state, and local environmental laws, rules, and regulations, and agrees to indemnify and hold harmless Lessor (and each of Lessor's elected officials, officers, agents, employees, and representatives), from and against any claims, actions, demands, or liabilities of any kind arising out of or relating to Lessee's use of the Leased Premises and relating to environmental requirements. Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, clean -up, or detoxification or decontamination of the Leased Premises based on environmental requirements. 12. Indemnity; Insurance: Lessee agrees to indemnify and hold harmless Lessor from any and all claims in any way related to or arising out of any failure of Lessee to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on, or about the Leased Premises during the period from the date of this Lease Agreement to the end of the Lease Term, including reasonable attorney's fees and expenses of litigation incurred by Lessor in connection therewith. Lessee further agrees that the foregoing agreement to indemnify and hold harmless applies to any claims for damage or injury to itself and/or any individuals employed or retained by itself in connection with any changes, additions, alterations, modifications, and /or improvements made to the Leased Premises, and hereby releases Lessor from liability in connection with any such claims. Without limiting the foregoing, Lessee further agrees to maintain at all times during said period, at Lessee's expense, comprehensive and general public liability insurance coverage against claims for personal injury, death and /or property damage occurring in connection with the use and occupancy of the Leased Premises or arising out of their ownership, improvement, repair, or alteration with limits of coverage of not less than $1,000,000.00 per occurrence. Lessee shall also purchase and maintain in effect during the term of this Lease Agreement, or any extension or renewal of this Lease Agreement, policies of insurance written by a company or companies qualified to do business in the State of Georgia, providing insurance equal and sufficient, subject to approval by Lessor, to cover the value of the Leased Premises. Lessee shall increase such property damages insurance coverage in an amount equal and sufficient to cover the value of any additional changes, additions, alterations, modifications, and /or improvements, structural or otherwise, on the Leased Premises, should such changes, additions, alterations, modifications, and/or improvements be made during the term, or any extension or renewal, of this Lease Agreement. 3 The cost of premiums for all policies of insurance required by this Lease Agreement shall be paid by Lessee. Policies shall be jointly in the names of Lessor and Lessee, and duplicate copies of the policies shall be delivered to Lessor. All policies providing insurance coverage required to be maintained by Lessee hereunder shall list Lessor, The Augusta - Richmond County Commission and its Mayor, Lessee and its officers, agents, members, employees, and successors as named insureds, as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Lessor. All such policies shall provide that no act or omission of Lessee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insureds. No insurance policy providing any insurance coverage required to be maintained by Lessee under the terms of this Lease Agreement shall be cancelable without at least fifteen (15) days advance written notice to Lessor. In the event such damage or destruction renders the Leased Premises untenantable, the rent required to be paid hereunder shall nevertheless continue to be paid by Lessee without interruption during the period of repair or replacement. 13. Assignments: Lessee shall not, without the prior written consent of the Lessor, assign this Lease or any interest thereunder, sublet the Leased Premises or any part thereof, or permit the use of the Leased Premises by any party other than Lessee. Any consent to one assignment or sublease shall not destroy or waive this provision, and all later assignments and subleases shall likewise be made only upon prior written consent of the Lessor. Subtenants or assignees shall become liable directly to the Lessor for all obligations of Lessee, without relieving Lessee's liability. 14. Default: It is understood between the parties hereto that, in the event of default by either of the parties during the term of this Lease, the other party shall have the right forthwith to give notice thereof to the party in default, same to be in writing, and if such condition of default is not removed and restored within ten (10) days after receipt of such notice, then the other party shall forthwith have the option of declaring this Lease in default and proceed to enforce its rights in accordance with the law. For purposes of Section 14, an "event of default" includes but is not limited to: (a) Lessee's failure to make any payment when it becomes due under this Lease Agreement, where such failure continues for ten (10) days after the due date; (b) Lessee's failure to perform, observe, and /or comply with any provision of this Lease Agreement, where such failure is not cured within fifteen (15) days of notice thereof from Lessor; or (c) Lessee's insolvency or inability to pay its debts as they become due, or Lessee's making of an assignment for the benefit of creditors, Lessee's application for or consent to the appointment of a receiver, trustee, conservator, or liquidator of Lessee or of any of its assets, or Lessee's filing of a petition for relief under any bankruptcy, insolvency, reorganization, or similar laws, or the filing of a petition in, or proceeding under, any bankruptcy, insolvency, reorganization, or similar laws against Lessee which is not dismissed or fully stayed within twenty (20) days after the filing or institution thereof. 15. Quiet Enjoyment, Ingress and Egress: Lessor covenants and warrants that Lessee, so long as it shall pay the rentals herein stipulated and shall perform the duties and obligations 4 herein agreed to be performed by it, shall peaceably and quietly have, hold, and occupy and shall have the exclusive use and enjoyment of the Leased Premises during the term of this Lease Agreement and any extensions thereof. Lessee, its invitees, guests, customers, and employees shall have full right of ingress and egress to the Leased Premises at all times and without charge, toll, or fee. 16. Leased Premises accepted "as -is ": Lessee acknowledges and agrees that it has inspected the Leased Premises prior to the execution of this Lease Agreement, that it is aware of the condition of the Leased Premises as of the date of execution of this Lease Agreement, and Lessee leases the Leased Premises "as -is ". 17. Miscellaneous: 17.1 Notices. All notices, demands, and requests which may or are required to be given by either Lessor or Lessee to the other shall be in writing and shall be deemed to have been properly given when sent postage pre -paid by registered or certified mail (with return receipt requested) addressed as follows: If intended for Lessee: CSRA HUMANE SOCIETY, INC. P.O. BOX 14667 AUGUSTA, GA 30919 If intended for Lessor: AUGUSTA - RICHMOND COUNTY COMMISSION C/O CITY ADMINISTRATOR EIGHTH FLOOR, MUNICIPAL BUILDING AUGUSTA, GEORGIA 30901 Either party may change the address and name of addressee to which subsequent notices are to be sent by notice to the other given as aforesaid. 17.2 Exculpation; Indemnity. Wherever in this Lease Agreement Lessor's liability is limited, modified, or exculpated, or Lessee agrees to indemnify or hold Lessor harmless or have Lessor named as an additional insured, the term "Lessor" shall mean and include the Augusta - Richmond County Commission (including its Mayor) and its members, officers, elected officials, agents, servants, employees, and successors in office. 17.3 Covenants Bind and Benefit Successors and Assigns. The provisions of this Lease Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that no one shall have any benefit or acquire any rights under this Lease Agreement pursuant to any conveyance, transfer, or assignment in violation of any of its provisions. 17.4 Governing Law. This Lease Agreement shall be governed and interpreted by the laws of the State of Georgia. 5 17.5 The CSRA Humane Society or its members shall not request funds for support or operation of the facility from Augusta - Richmond County. 18. Entire Agreement: This Lease Agreement contains the entire agreement of the parties, and no representations, inducements, promises, or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. 19. Severability: This Lease Agreement is executed under current interpretation of applicable Federal, State, County, Municipal, or other Local statute(s), ordinance(s), or law(s). However, each separate division (paragraph, clause, item, term, condition, covenant, or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AUGUSTA, GEORGIA, by and through the Augusta - Richmond County Commission 1 /By: J74 Attest: / °y JI' ` %David S. Copenhave W 46 Lena J. : onner k As its Mayor As its Clerk CSRACSRA HUMANE SOCIETY By:By: f/vim Title:Title: Pre G 0\ / G Se) )C,/e ider Sworn to and subscribed •efore me this ii day of j' 'i, / i , 2010 6" 011111i/1 4 j4-(14,t,t-2./-0 .cp, M. r I., Notary Public r46 Sey 9 Commissionmission Expires:OTA6 . ; r 0 / / ,7 l/B0G jOQ` 6- tolIIfl',4' EXHIBIT A Attachment number 2 rage 13 of 13 FP- o 9 gqiEgo % i Yli.\ Is 0gti x c> .: .1 re: Ccmp.:,:. !',:,, rta1iN i 1, 2 . Iw o rt t 03* . h 0 a 1 .. X A . • 4is I# Yc i% N' 6tp W I. x 6 g O<x a t O =a S 5 cukJ V G xy y m m U r IP F..._ r o f 0; ck,6 w g K gtQ g Puri i .E J -J-4 4 19 8 Office OfThe Administrator n Frederick 1-. Russell, Administrator Room 801 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30901 Tameka Allen, Interim Deputy Administrator 706) 821 -24-00 - FAX (706) 821 -2819 Robert Leverett, Interim Deputy Administrator www.augustaga.gov August 17, 2010 Mr. Andrew Mackenzie General Counsel 501 Greene Street Augusta, GA 30901 Dear Andrew: The Augusta - Richmond County Commission, at their regular meeting held on Tuesday, August 17, 2010, took action on the following items. 16. Approved the lease renewal between Augusta, Georgia and the CSRA.Oumane Society, Inc., and to authorize the Mayor and Clerk of Commission to execute such documents as necessary to consummate the agreement, all in form as approved by the General Counsel for Augusta, Georgia. (Approved by Finance Committee August 9, 2010) 25- Authorized condemnation to acquire title of a portion of property for right of way, permanent easement and temporary easement for the Marvin Griffin Road Improvement Project, (Parcel 134 -0- 004 -00 -0) 1551 Marvin Griffin Road. (Approved by Engineering Services Committee August 9, 2010) 26. Authorized condemnation to acquire title of a portion of property for permanent easement and temporary easement for the 50202 Florsepen Sanitary Sewer, Phase 2 -B Project, PIN: 128 -0- 026 -00 -0, 2920 Tobacco Road. {Approved by Engineering Services Committee August9, 2010) 29. Approved a Resolution authorizing the settlement of the appeal filed by Joseph E. Smith, in the pending condemnation lawsuit styled Augusta, Georgia vs. Joseph E. Smith, et al., Civil Action File No. 2002 -RCCV- 717, for the payment of forty thousand dollars ($40,000.00) in addition to the earlier payment of $4,624.00 made into the registry of the Court on or about March 27, 2003; authorizing the County Administrator to disburse the amount of forty thousand dollars ($40,000.00) to the Clerk of Court to satisfy the consent final judgment to be entered in the case; waiving Augusta- Richmond County Code of Ordinances sections in conflict for this instance only; and for other pu rposes. If you have any questions, please contact me. Yours truly, rederick L. Russell Administrator 08- 17 -10: #16, #25, #26, #29 cc:Ms. Donna Williams Mr. Tom Wiedmeier I', Commission Meeting Agenda 1/21/2020 2:00 PM SAMHSAMATContract2019 Department:Richmond County State Court Department:Richmond County State Court Caption:Motion to approve contract with Medical Associates Plus to provide Medical Assisted Treatment to the Richmond County State Court Accountability Court Programs. (No recommendation from Public Safety Committee January 14, 2020) Background:The Accountability Court has contracts with several agencies who assist with providing counseling and medical assisted treatment for those who elect to enroll in the program and request additional treatment for alcohol and drug abuse. Analysis:n/a Financial Impact:Richmond County State Accountability court was awarded by SAMHSA, a federal grant, effective October 1, 2018. Compensation will be $4,576 per year per participant with maximum compensation not to exceed, $22,880 annually. Alternatives:None Recommendation:Approve Funds are Available in the Following Accounts: 220-02-2641 / 5212999 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Augusta Regional Airport-Standard Aero Entrance Left Turn Lane Design and Construction File Reference: 20-014 (A) Department:Engineering Department:Engineering Caption:Augusta Regional Airport Standard Aero Facility Entrance Turn Lane Update. Also, Approve Turn Lane as Designed and Authorize Its Construction utilizing Augusta Engineering Department On-Call Services at Cost not to exceed $150,000. Requested by AED. (No recommendation by Engineering Services Committee January 14, 2020) . Background:Standard Aero is Augusta Regional Airport (AGS) General Aviation Fixed Base Operator Tenant and associated with AGS over 40 years. In the 1970's Standard Aero developed a jet engine repair facility, an avionics navigation shop and a structural and aircraft systems repair shop at AGS. Presently Standard Aero employs over 160 people at the Augusta Facility. Primary entrance to Standard Aero facility is from Doug Barnard. However, Doug Barnard has large volume of heavy truck traffic serving large industrial complexes located in close proximity to AGS. Due to truck traffic in the vicinity of Standard Aero entrance area, safety of Standard Aero employees entering the facility is a concern and was discussed at Augusta Commission meeting dated June 18, 2019. Analysis:On June 18, 2019, Augusta Commission tasked Augusta Engineering Department (AED) to develop a plan and design to install a turning lane from Doug Barnard Parkway into the South Entrance of Service Road into AGS. Accordingly, AED completed needed fieldwork and designed turning lane. Per proposed design, all improvements will be on AGS side of the road and AGS has to donate additional right-of-way if needed. Financial Impact:Not to exceed $150,000. Funded by TIA Discretionary funds upon Augusta Commission Approval. Cover Memo Alternatives:Do not approve. Recommendation:Augusta Regional Airport Standard Aero Facility Entrance Turn Lane Update. Also, Approve Turn Lane as Designed and Authorize its Construction utilizing Augusta Engineering Department On-Call Services at cost not to exceed $150,000. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: 235 TIA Discretionary 235-04-1110 - 5414110 (JL TBD) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Naming the entrance road to the Augusta Municipal Golf Course off Damascus Road Department: Department: Caption:Motion to approve naming the entrance road to the Augusta Municipal Golf Course off Damascus Road in honor of Mr. Jim Dent. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM renaming of the 1200 Block of Druid Park Avenue to David Peterson Way Department: Department: Caption:Motion to approve the renaming the 1200 Block of Druid Park Avenue to "David Peterson Way" (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 1/21/2020 2:00 PM Reappointment Board of Tax Assessors Department: Department: Caption:Motion to approve the reappointment of Ms. Juanita Burney to the Augusta-Richmond County Board of Assessors representing Super District 10. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo UPDATED 05/07/19 NAME OF BOARD Augusta-Richmond Board of Tax Assessors Members Term Appointed Effective Expires Dist. Renee D’Antignac 4-yr 01/03/16 Immediately 4/24/20 9 (22) James W. Scott 4-yr 03/19/19 04/25/15 4/24/23 10 (23) Juanita L. Burney 4-yr 12/06/16 12/06/16 4/24/20 10(23) William Mills 4-yr 05/07/19 04/25/15 4/24/23 9(22) William Lee, IV 4-yr 01/03/17 04/25/13 4/24/21 10(23) Frank Middleton 4-yr 12/06/16 04/25/17 4/24/21 9(22) EX-OFFICIO: Commissioner Sean Frantom Commissioner Bobby Williams LEGISLATIVE APPOINTMENTS: Bryan Simkins 03/27/2019 04/24/23 Bob O’Neal 03/27/2019 04/24/23 MEETING DATE: Second Monday of each month 4:00 P.M. WHERE: Tax Assessor’s Office FUNCTION: Assess all real estate and personal property. CREATED: 1973 Ga. L. p. 2813; 1974 Ga. L., p.3069; 1993 Ga. L. p. 4482 CONTACT: William “Bill” Lee at 706-821-1765 COMPENSATION: Chairman $875, members $625.00 per month Commission Meeting Agenda 1/21/2020 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo