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HomeMy WebLinkAbout2020-02-04 Meeting AgendaCommission Meeting Agenda Commission Chamber 2/4/2020 2:00 PM INVOCATION:Reverend Dr. Timothy R. Green, Jr., Pastor, Jenkins Memorial CME Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Years of Service A.Congratulations! January Years of Service Recipients. Attachments Five (5) minute time limit per delegation DELEGATIONS B.Mr. Reis James, Business Development/Recruiter Ironworkers Local 709. (Requested by Commissioner Mary Davis)Attachments C.Update from Messrs. Don Clarke, Bob Young and Robert Mauldin relative to the Georgia State Veterans Cemetery. (Requested by Commissioner Dennis Williams) Attachments CONSENT AGENDA (Items 1-28) PLANNING 1. Z-20-01 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by WSM Ventures, LLC, on behalf of Evans Best, LLC, requesting a change of Attachments 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. (Approved by Commission January 21, 2020 - second reading) PUBLIC SERVICES 2.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 and to provide an effective date. (Approved by Commission January 21, 2020- second reading) Attachments 3.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. (Approved by the Commission January 21, 2020 - second reading) Attachments ADMINISTRATIVE SERVICES 4.Motion to approve Environmental Service Department requests the purchase of one new pickup truck at a cost of $26,320 from Allan Vigil Ford - Bid Item 19-280 (Approved by Public Services Committee January 28, 2020) Attachments 5.Motion to approve Fleet Management requests to purchase four vehicles for the Marshal’s Office totaling $106,908. Bid Item 19-172 (Approved by Administrative Services Committee January 28, 2020) Attachments 6.Motion to approve a request from Juvenile Court to purchase one new 2020 Ford Transit, 15-passenger Van at $35,328. (Approved by Administrative Services Committee January 28, 2020) Attachments 7.Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Arbory Tree Services to clear seven (7) lots on Boyd Lane, identified at properties: 918, 922, 924, 930, 932, 936 & 938 Boyd Lane. This project will be completed in order to develop seven (7) single-family, detached homes. (Approved by Administrative Services Committee January 28, 2020) Attachments 8.Motion to approve HCD’s Rehabilitation Program Lien Restructure request. (Approved by Administrative Services Committee January 28, 2020) Attachments 9.Motion to approve recruitment process to fill Administrator's position. (Approved by Administrative Services Committee January 28, 2020.) 1)- Commission review current Administrator’s job description; once agreed on final job description. 2) - Task HR Director to meet with General Counsel to make sure job description is in compliance with applicable law. 3) - Once review is completed by HR Director and General Counsel, the commission will select an Executive Recruiter/Headhunter/Executive Search Firm. Recruitment for the Administrator’s position will be national in scope. 4) - Recruiter/Headhunter shall meet with the commission for clarifications and details on the process as well as to determine Augusta’s vision, goals and objectives. 5) - Once recruitment process is completed; the recruitment consultant will screen candidates and present the top 12 candidates to the commission for evaluation. Recruiter will meet with the commission to narrow down to the final 7 top candidates who will be presented to the Mayor. The Mayor shall present as many as three top candidates for appointment along with his recommendations. Attachments 10.Motion to approve the recommendations from HCD to solicit through an RFP the services of a museum management consultant to assist with the development of the James Brown Gallery in the Penny Savings Bank Building and to determine the highest and best use of the property in this regard.(Approved by Administrative Services Committee January 28, 2020) Attachments PUBLIC SAFETY 11.Motion to approve Resolution - Honorary Road Name for the 1200 Block of Druid Park Ave to David Peterson Way. (Approved by the Commission January 21, 2020) Attachments 12.Motion to approve Resolution Road Name Change From Entrance to Augusta Municipal Golf Course to Jim Dent Way. (Approved by Augusta Commission January 21, 2020) Attachments 13.Motion to award RFP #19-267 Debris Monitoring & Financial Recovery Services to Witt O'Brien's LLC and to authorize execution of the Contract Documents. (Approved by Public Safety Committee January 28, 2020) Attachments 14.Motion to award RFP #19-268 Debris Removal Services to Ceres Environmental Services, Inc. and to authorize execution of the Contract Documents. (Approved by Public Safety Committee January 28, 2020) Attachments 15.Motion to waive the hiring procedures of Section 800.011 of the Personnel Policies and Procedures Manual for the testing and recruitment of high schools seniors in the Richmond County School System. (Approved by Public Safety Committee January 28, 2020) Attachments 16.Motion to approve the award of RFQ Item #19-251 Architectural Design Services - Training Center/EOC Building to Johnson Laschober & Associates and authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee January 28, 2020) Attachments ENGINEERING SERVICES 17.Motion to approve the award of Bid Item #19-283 Mack Granite 64 Grapple Truck. There were five respondents to the bid, with Attachments Environmental Products Group, meeting all requirements of the bid. (Approved by Engineering Services Committee January 28, 2020) 18.Motion to approve the award of Bid Item 19-254 - Articulated Dump Truck. There were two respondents to the bid, with Yancey Brothers meeting all of the bid requirements.(Approved by Engineering Services Committee January 28, 2020) Attachments 19.Motion to approve bid award Item 19-296 Deans Bridge Road MSW Landfill Phase III-2019 Gas Collection and Control System (GCCS) Expansion to SCS Field Services, the lowest responsive bidder. (Approved by Engineering Services Committee January 28, 2020) Attachments 20.Motion to approve tasking the Engineering and Utilities Departments with forming an internal task force to look at the hydrology and engineering and other aspects of what we need to develop a plan and path forward for keeping the pool in place relative to the Lock and Dam. (Approved by Engineering Services Committee January 28, 2020) Attachments 21.Motion to approve utilizing a trial run of using a premeasured tarp system to help with servicing yard waste piles and report back the results to the committee.(Approved by Engineering Services Committee January 28, 2020) Attachments 22.Motion to approve the installation of 6 street lights in the Manchester Section 8B development with an annual cost of $1,080.00. Also approve the creation of a new lighting tax district for the 27 lots within Section 8B. Funding is available in Street Lighting budget account #2760416105312310.(Approved by Engineering Services Committee January 28, 2020) Attachments 23.Motion to approve the installation of 32 street lights in the Southampton Section 7 development with an annual cost of $5,760.00. Also approve the creation of a new lighting tax district for the 68 lots within Section 7. Funding is available in Street Lighting budget account Attachments #2760416105312310. Requested by AED (Approved by Engineering Services Committee January 28, 2020) 24.Motion to authorize the execution of a Joint Funding Agreement with the U. S. Department of the Interior U. S. Geological Survey (USGS) for the operation, modeling and analyzing of monitoring wells to investigate water levels and water quality for Augusta's groundwater production facilities.(Approved by Engineering Services Committee January 28, 2020) Attachments PETITIONS AND COMMUNICATIONS 25.Motion to approve the minutes of the regular meeting held January 21, 2019 and the Special Called meeting January 28, 2020. Attachments APPOINTMENT(S) 26.Motion to ratify the ARC Legislative Delegation appointments of Ms. Cher Best to fill the unexpired terms of Ms. Gwen Roundtree (Decease) to the ARC Library Board of Trustees; and Mr. Nathan W. Vick to the Augusta Historic Preservation Commission due to the resignation of Mr. Clyde Lester. Attachments 27.Motion to approve the reappointment of Mr. Paul Thompson to the Augusta Tree Commission representing District 2. Attachments 28.Motion to approve the appointment of Ms. Valerie Kelly to the Augusta Historic Preservation Commission representing District 5.Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 2/4/2020 AUGUSTA COMMISSION REGULAR AGENDA 2/4/2020 (Items 29-34) ADMINISTRATIVE SERVICES 29.Motion to approve Correction of Inequities Created by Compensation Study. (No recommendation from Administrative Services Committee January 28, 2020) Attachments ENGINEERING SERVICES 30.Discuss the sub par customer service provided by the Environmental Services Department. (Requested by Commissioner Sammie Sias)Attachments 31.Update from Engineering Department - improved lighting on Ellis Street. (Requested by Commissioner Sammie Sias)Attachments 32.Augusta, GA Central Business District Parking Management Plan Service Area. (Requested by Commissioner Sammie Sias)Attachments APPOINTMENT(S) 33.Motion to approve the appointment of one from the following nominations from the Richmond County Hospital Authority: 1) Sanford Loyd 2) Catherine Knox 3) James Sherman, M.D. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 34.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 2/4/2020 2:00 PM Invocation Department: Department: Caption: Reverend Dr. Timothy R. Green, Jr., Pastor, Jenkins Memorial CME Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Years of Service Department: Department: Caption:Congratulations! January Years of Service Recipients. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Mr. Reis James, Business Development Department: Department: Caption:Mr. Reis James, Business Development/Recruiter Ironworkers Local 709. (Requested by Commissioner Mary Davis) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Update Georgia State Veterans Cemetery Department: Department: Caption:Update from Messrs. Don Clarke, Bob Young and Robert Mauldin relative to the Georgia State Veterans Cemetery. (Requested by Commissioner Dennis Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 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 approve with 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. (Approved by Commission January 21, 2020 - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 2/4/2020 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 and to provide an effective date. (Approved by Commission January 21, 2020- second reading) 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: 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 2/4/2020 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. (Approved by the Commission January 21, 2020 - second reading) 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: 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 2/4/2020 2:00 PM 2020 - Environmental Services Trucks Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Environmental Service Department requests the purchase of one new pickup truck at a cost of $26,320 from Allan Vigil Ford - Bid Item 19-280 (Approved by Public Services Committee January 28, 2020) Background:The Environmental Service Department is requesting the purchase of one pickup truck to be used by Keeping Augusta Beautiful for event transportation and towing purposes. Vehicle Evaluations and Bid tab sheets are attached for your review. 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 - $26,320 - Gerald Jones – $28,744.00 (GJF Denied the Local Vendor Preference Option) Financial Impact:1 – 2020 Ford F150 = $26,320. The vehicle will be purchased with department funds. (ACT #: 542-04-4110/54-22210) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of 1 - Ford F150 pickup truck for Environmental Services. Funds are Available in the Following Accounts: Capital Outlay:(ACT #: 542-04-4110/54-22210) Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Department: Funds: BID 19-280 Year 2020 2,020.00$ Brand Ford Ford Model F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 19,550.00$ 21,157.76$ 6.06 Super Cab (6.5 ft. bed)2,525.00$ $ 3,902.00 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 7.04 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 6,660.00$ 7,586.24$ BASE PRICE: 19,550.00$ $ 21,157.76 TOTAL FOR OPTIONS AND BASE PRICE 26,210.00$ 28,744.00$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB Equipment included in base price: EXT COLOR: 3.3L V6 flex fuel engine 6 speed Automatic Transmission INT COLOR: 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 Commission Meeting Agenda 2/4/2020 2:00 PM 2020 - Marshal's Office Vehicles Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Fleet Management requests to purchase four vehicles for the Marshal’s Office totaling $106,908. Bid Item 19-172 (Approved by Administrative Services Committee January 28, 2020) Background:The Marshal’s Office has four older model vehicles that were involved in the December 13th Flood that damaged each vehicles electrical system beyond repair: Asset 209086 – 2009 Chevrolet Impala with 135,595 miles Asset 209089 – 2009 Chevrolet Impala with 131,385miles, Asset 212065 – 2013 Ford Interceptor with 135,534miles, Asset 210073 – 2010 Ford Crown Victoria with 108,823 miles, Fleet Management will utilize some parts from no more than two vehicles for parts to be used on wrecked vehicles and the remaining cars will be offered for parts only on the GovDeals website. Analysis:: The Procurement Department published a competitive bid using the Demand Star application for the Dodge Charger Bid Number 19-172. The bid tabulation is attached for review. Bid 19-172 – Dodge Charger: Thomson Motor Centre = $26,727; Akins Ford Corp = $26,905 Financial Impact:The four Marshal’s Vehicles totaling $106,908 will be purchased using Capital Outlay (ACCT# 272-01-6440/54- 22110). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the request to replace four vehicles for the Marshal’s Office Cover Memo Funds are Available in the Following Accounts: General Fund Capital Outlay: 272-01-6440/54-22110). REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo BID 19-172 Year 2019 2019 Brand Dodge Dodge Model Charger Charger Delivery Date 9-12 weeks 14-16 Weeks 5.03 Marshal Package $ 25,612.00 $ 25,800.00 7.02 1 Each Jotto Desk 425-6175 $ 515.00 $ 505.00 7.15 1 Each Jotto 475-0980 $ 600.00 $ 600.00 OPTIONS TOTAL $ 1,115.00 $ 1,105.00 TOTAL FOR OPTIONS AND BASE PRICE 26,727.00$ 26,905.00$ EXTERIOR COLOR: INDIGO BLUE INTERIOR COLOR: GRAY/BLACK FOR ALL DEPARTMENTS- 2019 Dodge Police Charger-BIDS OPENED 3/8/19 @ 11:00 Akins Ford Corp Thomson Motor Centre Invitation to Bid Sealed bids will be received at this office until Friday, March 8, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-172 2019 Dodge Police Charger Bid Item #19-173 2019/2020 Compact SUV Bid Item #19-174 2019/2020 Mid-Size 4-Door Sedan 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 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, February 22, 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 January 31, February 7, 14, 21, 2019 Metro Courier January 31, 2019 OFFICIAL VENDORS THOMSON MOTOR CENTRE 2158 WASHINGTON RD NE THOMSON, GA 30824 AKINS FORD CORP 220 WEST MAY STREET WINDER, GA 30680 Attachment B Yes YES Exceptions Yes E-Verify Number 369935 388164 SAVE Form Yes YES 5.01 Administrative Package-Police Model Charger $22,434.00 $23,000.00 5.02 Civil Package Police Model Charger $23,248.00 $23,800.00 5.03 Marshal Package Police Model Charger $25,612.00 $25,800.00 5.04 Patrol Package V8 Police Model Charger $28,916.00 $29,081.00 5.05 Traffic Package V8 Police Model Charger $29,097.00 $29,402.00 5.06 Patrol Package V6 Police Model Charger $27,933.00 $28,263.00 5.07 Traffic Package V6 Police Model Charger $28,234.00 $28,564.00 6.01 HEMI 5.7 Liter engine $1,985.00 $920.00 6.02 All-wheel drive Exceptions $1,860.00 6.03 Special exterior paint colors each $500.00 $445.00 Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 51 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 VEHICLE/OPTIONS REQUIRED 6.00 OPTIONAL ITEMS Bid Opening Item #19-172 - 2019 Dodge Police Charger for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Friday, March 8, 2019 @ 11:00 a.m. Page 1 of 4 OFFICIAL VENDORS THOMSON MOTOR CENTRE 2158 WASHINGTON RD NE THOMSON, GA 30824 AKINS FORD CORP 220 WEST MAY STREET WINDER, GA 30680 Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 51 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #19-172 - 2019 Dodge Police Charger for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Friday, March 8, 2019 @ 11:00 a.m. 6.04 Police Charger “Convenience Group” $427.00 $427.00 6.05 Park Assist Group N/A Standard 6.06 Blind Spot Monitoring $312.00 $312.00 7.01 1 Each Code 3 Model 21TR47MC THIN LINE LED LIGHT BAR $1,675.00 $1,665.00 7.02 1 each Jotto Desk 425-6175 console with 425-6384 ACC ADPT PLT $515.00 $505.00 7.03 1 each Jotto Desk 425-6260 armrest $50.00 $50.00 7.04 1 each Jotto Desk 425-3704 cup holder $50.00 $50.00 7.05 1 each Jotto Desk 425-5630 (Not Top) HD passenger side mount laptop stand $405.00 $405.00 7.06 1 each Sho-Me model 05.6000 six rocker switch power control-center $195.00 $140.00 7.07 1 each Sho-Me model 14.0553 three outlet receptacle $60.00 $60.00 7.08 3 Waytek Rocker Switches, two for lights (front/rear) and one for siren, mounted on the dash at the right side of the steering wheel $21.00 $21.00 7.09 1 each ATD-7974 Heavy Duty battery jumper cable connection $240.00 $235.00 7.00 OUTFITTER’S SPECIALTY ITEMS Page 2 of 4 OFFICIAL VENDORS THOMSON MOTOR CENTRE 2158 WASHINGTON RD NE THOMSON, GA 30824 AKINS FORD CORP 220 WEST MAY STREET WINDER, GA 30680 Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 51 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #19-172 - 2019 Dodge Police Charger for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Friday, March 8, 2019 @ 11:00 a.m. 7.10 2 sets of Feniex industries FN-H- 2209BW Cannon Blue/White 12 LED $515.00 $505.00 7.11 1 each Code3 HDLNBKT-CH15 bracket w/ 2 Code3 MR6-B light Heads mounted above rearview mirror $320.00 $320.00 7.12 1 each Feniex Industries FN-0416-B light stick w/ 2 FN-4016 brackets Mounted in rear deck $390.00 $390.00 7.13 1 each Carson Manufacturing SA- 361-20 Defender hands-free, Siren Controller $240.00 $240.00 7.14 1 each Feniex Industries S-2009 speaker with in grille mounting bracket $210.00 $210.00 7.15 1 each Jotto 475-0980 High Security/High Visibility Cage with locking sliding window, with transparent upper side filler panels $600.00 $600.00 7.16 1 each Jotto 475-0994 lower extension plate with toe kick $135.00 $135.00 7.17 1 each Jotto Desk 475-0421 secure grid side window barriers $220.00 $220.00 7.18 1 Jotto Desk 475-0421 Secure Grid side window barriers $220.00 $220.00 7.19 1 each Jotto Desk 475-0749 pre molded rear Bio seat, grey in color $460.00 $460.00 Page 3 of 4 OFFICIAL VENDORS THOMSON MOTOR CENTRE 2158 WASHINGTON RD NE THOMSON, GA 30824 AKINS FORD CORP 220 WEST MAY STREET WINDER, GA 30680 Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 51 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #19-172 - 2019 Dodge Police Charger for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Friday, March 8, 2019 @ 11:00 a.m. 7.20 1 each Jotto Desk 475-0267 pre molded floor pan, grey in color $230.00 $230.00 7.21 1 each Jotto Desk 475-0192 GR-87 Vertical mount single gun rack. With handcuff key over-ride and electric lock $395.00 $395.00 7.22 Push bumper – Go Rhino model 5077 installed $495.00 $495.00 7.23 Headlight guard – Go Rhino 5077WHD installed $470.00 $470.00 7.24 # 35 window tint film application to include 6” windshield strip $150.00 $150.00 7.25 Fire Extinguisher $55.00 $55.00 Delivery Schedule 9-12 Weeks ARO 14-16 Weeks ARO 2019 DODGE CHARGER AUTOMOBILE, POLICE MODEL Page 4 of 4 Commission Meeting Agenda 2/4/2020 2:00 PM 2020 Juvenile Court Van Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve a request from Juvenile Court to purchase one new 2020 Ford Transit, 15-passenger Van at $35,328. (Approved by Administrative Services Committee January 28, 2020) Background:The Juvenile Court is requesting the acquisition of one 15- Passenger Van to be utilized for the Courts Education Program. The van will pick up children from home/school and transport them to the program. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2019/2020 15 Passenger Van (Bid #19-210). Invitations to Bid were sent to 18 vendors with two vendors responding. Bid tab sheets are attached for your review. Bid #19-281 – 2020 Ford Transit T350: Wade Ford = $35,328; Allan Vigil Ford = $35,891 Financial Impact:1- 2020 Ford T350 Van @ $35,328. (SPLOST VII ACCT# 329- 03-1310/54-22110) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:: Approve the purchase of one 15-Passenger Van at $35,328 for the Juvenile Court using SPLOST VII funding. Funds are Available in the Following Accounts: (SPLOST VII ACCT# 329-03-1310/54-22110) JL 216036001 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo BID 19-281 Year 2020 2020 Brand Ford Ford Model Transit Transit Delivery Date Feb-20 20-24 Weeks 5.01 15 Passenger Van with Medium Roof $ 35,891.00 $ 35,328.00 TOTAL FOR OPTIONS AND BASE PRICE 35,891.00$ 35,328.00$ 15-Passenger Van Equipment included in base price: Minimum 148 Inch Wheel Base Medium Roof Gasoline Engine Automatic 6 Speed O/D tranmission Vinyl Seats AM/FM Radio Sliding Side Door Vinyl Floor Covering Running board, side door only Air conditioning, front and rear All Weather Floor Mats White Exterior Color 3 Keys required 15-Passenger Van Equipment included in base price: Minimum 148 Inch Wheel Base High Roof Gasoline Engine Automatic 6 Speed O/D tranmission Vinyl Seats AM/FM Radio Sliding Side Door Vinyl Floor Covering Running board, side door only Air conditioning, front and rear All Weather Floor Mats White Exterior Color 3 Keys required FOR ALL DEPARTMENTS- 2019/2020 15 Passenger Van BIDS OPENED 10/8/19 @ 11:00 Wade FordAllan Vigil Ford 5.01 5.02 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 2/4/2020 2:00 PM HCD_Laney Walker/Bethlehem Boyd Lane Lot Clearing Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Arbory Tree Services to clear seven (7) lots on Boyd Lane, identified at properties: 918, 922, 924, 930, 932, 936 & 938 Boyd Lane. This project will be completed in order to develop seven (7) single-family, detached homes. (Approved by Administrative Services Committee January 28, 2020) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department 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 construction of seven (7) new residential unit on Boyd Lane within Laney Walker / Bethlehem. Analysis:The approval of the contract will allow for development activities on this site to begin. Financial Impact:Augusta Housing and Community Development Department receives annual allocations from Laney Walker Bethlehem Project which will fund this contract. Contract Amount- 918, 922, 924, 930, 932, 936 & 938 Boyd Lane - $5,000 Alternatives:Do not approve HCD's Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Cover Memo Walker/Bethlehem Revitalization Funding to contract with Arbory Tree Services to clear seven (7) lots on Boyd Lane, identified at properties: 918, 922, 924, 930, 932, 936 & 938 Boyd Lane. This project will be completed in order to develop seven (7) single-family, detached homes. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Project funds. 298077343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Augusta Housing & Community Development Department 918-938 Boyd Lane Page 1 CONTRACT between AUGUSTA, GEORGIA And THE ARBORY TREE SERVICE in the amount of $5,000.00 USD Five Thousand Dollars for Fiscal Year 2020 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 918, 922, 924, 930, 932, 936, and 938 Boyd Ln THIS AGREEMENT (“Contract”), is made and entered into as of the ___ day of___________2020 (“the effective date”) by and between Augusta, Georgia, a political subdivision o the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and THE ARBORY TREE SERVICE., an independent, organized pursuant to the Laws of the State of Georgia, hereinafter called " THE ARBORY TREE SERVICE” as party in the second part. 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 THE ARBORY TREE SERVICE for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, THE ARBORY TREE SERVICE has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 918-938 Boyd Lane Page 2 WHEREAS, THE ARBORY TREE SERVICE has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, THE ARBORY TREE SERVICE has requested and Augusta has approved a total of $5,000.00 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. SCOPE OF SERVICES A. Scope of Services Project Description: THE ARBORY TREE SERVICE 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 involves the clearing of 7 lots on Boyd Lane. Under this Agreement: 1. Perform land clearing services for seven (7) identified as property number 918 thru 938 Boyd Lane. 2. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; 3. Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Site clearing activities include removal of trees and vegetation above ground. Undergrowth up to a nominal diameter of 4 inches will be chipped and/or ground using mobile forestry equipment. Standing timber above a nominal diameter of 4 inches will be harvested using specialized industry specific clearing equipment and logging practices. Trees shall be removed from the site as logs or chipped and removed; the limbs and vegetative debris generated by logging activities will be chipped, shredded, ground or mulched, and removed from the site for reuse or disposal per the Contractor’s approved Work Plan. All material from logging activities shall be removed from the site by the Contractor. There will be no long-term piles of vegetative matter. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by THE ARBORY TREE SERVICE 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 $5,000.00 1. Construction An amount not to exceed sixteen percent (16%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by THE Augusta Housing & Community Development Department 918-938 Boyd Lane Page 3 ARBORY TREE SERVICE for construction costs related to the development of one single family detached home identified as 918 - 938 Boyd Lane. The design and specifications of the property shall be approved by HCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. 2. Profit 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 THE ARBORY TREE SERVICE 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 918 - 938 Boyd Lane. HCD 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 918 - 938 Boyd Lane. 3. Developer’s Fee N/A C. Program Location and Specific Goals to be Achieved THE ARBORY TREE SERVICE 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. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by THE ARBORY TREE SERVICE 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, THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE 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, THE ARBORY TREE SERVICE, may engage the services of outside professional services consultants and contractors to help carry out the program and projects. Augusta Housing & Community Development Department 918-938 Boyd Lane Page 4 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 THE ARBORY TREE SERVICE and HCD determine the progress is satisfactory. THE ARBORY TREE SERVICE shall utilize the AIA Form provided by HCD (see Appendix). For invoicing, THE ARBORY TREE SERVICE will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by HCD, lien waivers for vendors and sub- contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. HCD will monitor the progress of the project and THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE and HCD shall share in the cost and proceeds of developing the residence at 918 - 938 Boyd Lane 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 Department. 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 THE ARBORY TREE SERVICE and HCD deemed satisfactorily progress made within the contracted construction only amount shall be paid to THE ARBORY TREE SERVICE. 7. HCD 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 THE ARBORY TREE SERVICE and HCD determine that all HCD punch list items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (HCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the estimate of work to be expended by THE ARBORY TREE SERVICE for construction costs related to the development of one single family detached home identified as 918 - 938 Boyd Lane. Additionally, HCD will provide 100% of all change orders (where applicable) as approved by both Augusta and THE ARBORY TREE SERVICE in writing. Augusta Housing & Community Development Department 918-938 Boyd Lane Page 5 All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities THE ARBORY TREE SERVICE 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 30 days of said home identified as 918 - 938 Boyd Lane. Liquidated Damages THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE. 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 THE ARBORY TREE SERVICE. 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 THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE under this Agreement. D. Project Budget: Limitations Augusta Housing & Community Development Department 918-938 Boyd Lane Page 6 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 renovation of one single family detached home identified as 918 - 938 Boyd Lane. HCD will have the latitude to pay such costs directly to the procured construction contractor. THE ARBORY TREE SERVICE shall be paid a total consideration of no more than $00.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of THE ARBORY TREE SERVICE. 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 THE ARBORY TREE SERVICE. THE ARBORY TREE SERVICE shall adhere to the budget as outlined in the estimate of work (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 THE ARBORY TREE SERVICE (whichever date is later) and shall end at the completion of all program 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 THE ARBORY TREE SERVICE, or any subcontractor hereunder. B. THE ARBORY TREE SERVICE shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to THE ARBORY TREE SERVICE’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 THE ARBORY TREE SERVICE for payment shall be accompanied by proper documentation and shall be submitted to HCD, 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. THE ARBORY TREE SERVICE shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta Housing & Community Development Department 918-938 Boyd Lane Page 7 Augusta may consider the reallocation of unexpended funds to eligible projects proposed by THE ARBORY TREE SERVICE. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE. 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 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. THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE. In such instances, THE ARBORY TREE SERVICE shall consult with HCD/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 THE ARBORY TREE SERVICE. 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. THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE’s publications and/or advertisements. (24 CFR 570.601). Augusta Housing & Community Development Department 918-938 Boyd Lane Page 8 B. THE ARBORY TREE SERVICE agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE 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 HCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. THE ARBORY TREE SERVICE 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 Augusta Housing & Community Development Department 918-938 Boyd Lane Page 9 apprenticeship. THE ARBORY TREE SERVICE 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, THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE 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 HCD. L. In accordance with 24 CFR part 24, subpart F, THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE 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 Georgia Department of Housing and Community Development" 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. THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE agrees to obtain all necessary permits for intended improvements or activities. O. THE ARBORY TREE SERVICE shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE 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 Augusta Housing & Community Development Department 918-938 Boyd Lane Page 10 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. THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE 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 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. THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE will not discriminate against any person applying for shelter on the basis of religion. THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. HCD shall not approve any travel or travel related expenses to THE ARBORY TREE SERVICE 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 Augusta Housing & Community Development Department 918-938 Boyd Lane Page 11 definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE or any subcontractor of THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE cures any breach of the Agreement. If THE ARBORY TREE SERVICE fails to cure the breach, Augusta may suspend or terminate the current award of funds. THE ARBORY TREE SERVICE will not be eligible to receive any other funding. B. Notwithstanding the above, THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE for the purposes of offsetting the exact amount of damages once determined. 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 THE ARBORY TREE SERVICE for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE under this contract. Augusta Housing & Community Development Department 918-938 Boyd Lane Page 12 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: Jarvis Sims, Interim Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 THE ARBORY TREE SERVICE will receive all notices at the address indicated below: THE ARBORY TREE SERVICE and Construction LLC ATTN: Julie Crutchfield 427 Blue Ridge Dr B23 Martinez, GA 30907 ARTICLE XII. INDEMNIFICATION THE ARBORY TREE SERVICE 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, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, THE ARBORY TREE SERVICE 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. Augusta Housing & Community Development Department 918-938 Boyd Lane Page 13 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 THE ARBORY TREE SERVICE beyond the term of this Agreement. THE ARBORY TREE SERVICE 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 THE ARBORY TREE SERVICE for the purpose of securing business and that THE ARBORY TREE SERVICE 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 HOME 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 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. Augusta Housing & Community Development Department 918-938 Boyd Lane Page 14 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, GA Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim Administrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ Affix Seal Here: By: ________________________ Lena Bonner, as its Clerk of Commission ATTEST: THE ARBORY TREE SERVICE By: _________________________ Jon Crutchfield, Owner Date:_______________________ Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 17 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 Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 18 Conflict of Interest Affidavit Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 19 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 HCD for review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors or HCD’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 HCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an HCD Construction and Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 20 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT The Arbory Tree Service 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, The Arbory Tree Service 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 The Arbory Tree Service may be precluded from recovering payment for such unauthorized goods or services. Accordingly, The Arbory Tree Service agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if The Arbory Tree Service 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 The Arbory Tree Service. The Arbory Tree Service 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. ____________________________________ Jon Crutchfield THE ARBORY TREE SERVICE & Construction LLC Owner Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 21 EXHIBIT A PROJECT SCHEDULE OF COMPLETION THE ARBORY TREE SERVICE 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 HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 22 EXHIBIT B ESTIMATE OF WORK Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 23 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. HCD 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 THE ARBORY TREE SERVICE in accordance with the attached drawdown schedule and budget. 2. HCD will provide the lot on which all new construction efforts will be performed under this Agreement. 3. With HCD approval, THE ARBORY TREE SERVICE 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, HCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” 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 HCD and THE ARBORY TREE SERVICE in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, HCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. Augusta Housing & Community Development Department 918 - 938 Boyd Lane Page 24 5. New Construction Costs and Requirements a. THE ARBORY TREE SERVICE 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. THE ARBORY TREE SERVICE must make sure contractors obtain and post all permits on job site. c. THE ARBORY TREE SERVICE 7must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. HCD 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. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD 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 HCD, 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 HCD. Commission Meeting Agenda 2/4/2020 2:00 PM HCD¬_ Rehabilitation Program Lien Restructure Request Department:HCD Department:HCD Caption:Motion to approve HCD’s Rehabilitation Program Lien Restructure request. (Approved by Administrative Services Committee January 28, 2020) Background:The Homeowner-Occupied Rehabilitation Program provides a mechanism for eligible homeowners to bring their eligible house into compliance with local codes and provide safe, decent housing for lower income individuals. As of today, the program is financially structured to hold a lien for the longevity of the owner owning the property. To better accommodate the homeowner in allowing a shorter attached lien period on the home, HCD is proposing the following: Financial assistance to be provided to homeowners in the form of a deferred forgivable loan. The loan will be forgiven at a rate 20% per year for a 5-year period. If the house is sold or transferred before the lien period expires, the homeowner gets credit for every month starting from initial date of contract up to the date of transfer, then that credit is subtracted from the total loan amount, which is then owed and due to the City. Analysis:The approval of this request will allow future homeowners to afford compliant, affordable, decent and safe housing. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve HCD’s Rehabilitation Program Lien Restructure request. Cover Memo Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: a) CDBG 221073210-5211119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo NEW CONCRETE 1246 Pine Street—Driveway Reconfiguration Commission Meeting Agenda 2/4/2020 2:00 PM Hiring Consultant Department: Department: Caption:Motion to approve recruitment process to fill Administrator's position. (Approved by Administrative Services Committee January 28, 2020.) 1)- Commission review current Administrator’s job description; once agreed on final job description. 2) - Task HR Director to meet with General Counsel to make sure job description is in compliance with applicable law. 3) - Once review is completed by HR Director and General Counsel, the commission will select an Executive Recruiter/Headhunter/Executive Search Firm. Recruitment for the Administrator’s position will be national in scope. 4) - Recruiter/Headhunter shall meet with the commission for clarifications and details on the process as well as to determine Augusta’s vision, goals and objectives. 5) - Once recruitment process is completed; the recruitment consultant will screen candidates and present the top 12 candidates to the commission for evaluation. Recruiter will meet with the commission to narrow down to the final 7 top candidates who will be presented to the Mayor. The Mayor shall present as many as three top candidates for appointment along with his recommendations. Background: Analysis: Financial Impact: Alternatives: Recommendation:Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo 1) Recruitment Process for position of Administrator Augusta, GA Commission review current Administrator's job description; once agreed on final job description. Task HR Director to meet with General Counsel to make sure job description is in compliance with applicable law. Once review is completed by HR Director and General Counsel, the commission will select an Executive Recruiter/Headhunter/Executive Search Firm. Recruitment for the Administrator's position will be national in scope. 4l Recruiter/Headhunter shall meet with the commission for clarifications and details on the process as well as to determine Augusta's vision, goals and objectives. 5) Once recruitment process is completed; the recruitment consultant will screen candidates and present the top 12 candidates to the commission for evaluation. Recruiter will meet with the commission to narrow down to the final 7 top candidates who will be presented to the Mayor. The Mayor shall present as many as three top candidates for appointment along with his recommendation. The Commission shall eiect/appoint an Administrator from among the candidate or candidates presented by the Mayor. Should none of the candidates be elected/appointed, then the Mayor shall nominate as many as three new candidates from those who applied through the recruitment process. 2) 3) Approved by Administrative Services Committee January 28,2O2O $ 1-2-28 AUGUSTA-RICHMOND COUr\r"rY CODE, READOP{IED 7-10-200? Secs. 1-2.28, l-2-29. Reseryed. ARTICLE 3 ADMIMSTRAIOR FOR AUGUSTA.RICHMOND COT]NTY Sec. 1-2-3O. Office created. (a) There is hereby created the offEce ofAdmin- istrator for Augusta-Richmond County. (b) The administrator for Augusta-Richmond County shall be elected./appointed by a majority /lrote of the Commission of Augusta-Richmond , ,/ County, Georgia, from nominations presented byV the Mayor following the Commission approved recruitment process. The Mayor shall present as many as three top candidates for appointment, along with his recommendation. The Commission shall elecVappoint an Administrator from amongthe candidate or candidates presented by the Mayor. Should none ofthe 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 and through the Mayor keeps all Commission mem- bers informed on significant and"/or controversial issues involving the government, its services,policies, and employees. (d) In the event of a vacancy in said office forany cause, the Commission may elect an Acting Administrator by a majority vote pending theelection/appointment of an Administrator as pro- vided in subsection (c) hereof.(Ord. No. 6754, $ 1, 1-408; Ord. No. 6772, g 1,, 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 amajority 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 case of suspension or removal, the Administrator for Augusta-Richmond County shall be given a writ- ten statement of the reasons for such action. He may, within five (5) days from receipt thereof, request a public hearing thereon before the Com- mission. Upon receipt of such request, a hearing shall be set not earlier than ten (10) days nor laterthan frfteen (15) days from the date of such request. Pending such hearing, and until final action has been taken thereon, the Administrator forAugusta-Richmond County may be suspended from offrce 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 his actual experience in or knowledge of accepted practices in respect to the duties of his office, as hereinaft,er set forth. He shall be of good charac- ter and be ofproven executive ability and experi- ence. No person related by bJood or marriagewithin the third degree to any member of the Commission shall be eligible for appointment as Administrator 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 offrce for which he was elected, or for a period of one (1) year therea{ter, shall beeligible 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. l-2-34. Bond. Before entering upon his duties, the Adminis-trator for Augusta-Richmond County shall give T1:46 Commission Meeting Agenda 2/4/2020 2:00 PM James Brown Gallery Department: Department: Caption:Motion to approve the recommendations from HCD to solicit through an RFP the services of a museum management consultant to assist with the development of the James Brown Gallery in the Penny Savings Bank Building and to determine the highest and best use of the property in this regard. (Approved by Administrative Services Committee January 28, 2020) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Honorary Road Name David Peterson Way Department: Department: Caption:Motion to approve Resolution - Honorary Road Name for the 1200 Block of Druid Park Ave to David Peterson Way. (Approved by the Commission January 21, 2020) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: 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 ___2/4/2020 Date of Meeting _____________ Date of Meeting _____________ Date of Meeting _____________ Date of Meeting _________ 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: Honorary Road Name for the 1200 Block of Druid Park Ave to David Peterson Way RESOLUTION WHEREAS: Commissioner William Fennoy, on behalf of the Augusta community, initiated a request for an Honorary Road Name Designation for the 1200 Block of Druid Park Ave; WHEREAS: It is proposed that the 1200 Block of Druid Park Ave be assigned an honorary name of David Peterson Way, not altering the official name Druid Park Ave; WHEREAS: The honorary designation request does meet requirements for cultural, historical, humanitarian, area lineage and/or distinguished career justification, in addition to its geographic affiliation; WHEREAS: This honorary designation request is being made to honor the significance Mr. David Peterson has made to the Richmond County community for his deep personal commitment to the welfare of his fellow citizens; NOW THEREFORE, BE IT RESOLVED BY THE AUGUSTA COMMISSION: THEREFORE: Let it be known that Augusta, Georgia does hereby assign the 1200 Block of Druid Park Ave the honorary name of David Peterson Way. Traffic Engineering is to be notified of the honorary designation and the requested road signs should be erected accordingly. ______________________________ Lena Bonner, Clerk of Commission ______________________________ Hardie Davis Jr., Mayor ______________________________ Tameka Allen, Information Technology 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 CAPTION Assigning the honorary road name of David Peterson Way to the 1200 Block of Druid Park Avenue BACKGROUND David Peterson, a Paine College Graduate and Philanthropist, is the largest private donor on record for the College. Recently, Dr. Peterson and his wife Betty retired the debt on the Health Education Activities Learning (HEAL) Complex that opened in 2013. The 43,000 square foot structure houses a Health and Wellness Center that is accessible to the community, classrooms, a STEM Lab and serves as the home for the Lion Athletic Department. The HEAL Complex sits on Druid Park Avenue. During the College's 138th Homecoming and Founders' Anniversary Celebration, the College will rename the HEAL Complex the "David and Betty C. Peterson HEAL Complex". ANALYSIS Impact of Honoree Having donated millions to Paine College, he and his wife Betty, have personally underwritten tuition for dozens of students who since graduated from Paine and went on to serve as leaders in the Augusta/CSRA and across the nation. Previously, he received an Honorary Doctorate Degree from Paine College and served as the Chairman of the Trustee Board. Geographic Affiliation •The honorary designation request is for the 1200 Block of Druid Park Ave because this is the street leading directly to the college. Living Status •The request is initiated by Commissioner William Fennoy. Therefore, it would meet the criteria whether or not the honoree is living or deceased. FINANCIAL IMPACT Cost for road signs FUNDING SOURCES Cost for placement of honorary road name signs will be accounted for in the General Fund. RECOMMENDATION Approve the honorary designation of David Peterson Way for the 1200 Block of Druid Park Avenue. Commission Meeting Agenda 2/4/2020 2:00 PM Jim Dent Way Department: Department: Caption:Motion to approve Resolution Road Name Change From Entrance to Augusta Municipal Golf Course to Jim Dent Way. (Approved by Augusta Commission January 21, 2020) Background:Approved by the Augusta Commission in its meeting held Tuesday, January 21, 2020. See attachment for further details. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Cc: Subject: Good Afternoon; Marcus Campbell Thursday, January 30,2020 3:05 PM Michele Pearman; Lena Bonner Tameka Allen; Geoffrey Alls FW: [EXTERNAL] Fwd: Road name change map Below is the email requested from Ms. Jill Brown regarding the road name change. Thanks Respectfully; Marcus Campbell Chief of Staff, Office of the Mayor City of Augusta, Georgia 706.821,.1831 office From: J il I Brown <jbrown @thefirstteea ugusta.org> Sent: Thursday, January 30,2O2O 3:01 PM To: Marcus Campbell <MCampbell@augustaga.gov> Subject: [EXTERNAL] Fwd: Road name change map Good Afternoon Marcus, FORE! Augusta Foundation dba The First Tee of Augusta is pleased to supporUapprove the name change of "said street" to Jim Dent Way. We appreciate Mr. Dent's contributions to the Augusta community and golf and are pleased to celebrate the commemoration of his efforts through the street renaming. First Tee approves the renaming to Jim Dent Way as a property owner and in lieu of physical signature on page 3 of the application for parcel number 043-3-OO1-00-0, First Tee Maintenance Property submits this email as an official signature of our approval. Have a great day! Jill Brown Forwarded message From: Jill Brown Date: Thu, Jan 30, 2020 at 9:00 AM Subject: Re: Road rulme change map To: Marcus Campbell <MCampbell@augustaga. eov> Good Morning Marcus, FORE! Augusta Foundation dba The First Tee of Augusta is pleased to support/approve the name change of "said street" to Jim Dent Way. We appreciate Mr. Dent's contributions to the Augusta community and lolf and are pleased to celebrate the commemoration of his efforts through the street renaming. Have a great day! Jill Brown on wed, Jan29,2020 at3:27 pMMarcus campbel <Mcampbell@.auzustaea > wrote: Respectfullr', j\Iarcus Campbell Chrcf of Staff ()ffice of t\Iar-rir I Iardic Dar is .f r. 535 'I'elfait Street, Suitc 2(X) -\ugusta, Georgia 3090 1 (706) 821-1831 This e-mail contains confidential information and is intended only for the individual named. If you are not thenamed addressee, you should not disseminate, distribute or copy this e-mail. Please notiff the senderimmediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. The City of Augusta accepts no liability for the content of this e-mail or for the consequences of *y actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing.Any views or opinions presented in this e-mail are solely those of the author urrd do not necessarily representthose of the City of Augusta. E-mail transmissions cannot be guaranteed to be secure or error-free asinformation could be intercepted, comrpted, lost, destroyed, arrive late or incomplete, or contain viruses. Thesender therefore does not accept liability for any erors or omissions in the content ofthis message which arise as a result of the e-mail transmission. If verification is required, please request a hard copy versiin. AED:104. I Commission Meeting Agenda 2/4/2020 2:00 PM Motion to award RFP #19-267 Debris Monitoring & Financial Recovery Services to Witt O'Brien's LLC and to authorize execution of the Contract Documents. Department:Fire Department:Fire Caption:Motion to award RFP #19-267 Debris Monitoring & Financial Recovery Services to Witt O'Brien's LLC and to authorize execution of the Contract Documents. (Approved by Public Safety Committee January 28, 2020) Background:In the event of a large emergency, a contract for debris monitoring must be activated when a debris removal contract is activated. FEMA requires an impartial monitoring of debris removal operations. The monitoring company will monitor all trucks completing debris removal operations and provide financial recovery services to support Augusta, GA in applying for FEMA reimbursement. The contractor will work with Engineering Services, Environmental Services and Emergency Management. Analysis:A RFP was completed through Procurement. Witt O’Brien’s was the highest ranked bidder for the RFP. Financial Impact:The financial impact will be based on the emergency. Pricing is submitted by Witt O’Brien’s for all services to support debris removal monitoring and financial recovery services. Alternatives:None. Recommendation:To approve the motion to award RFP #19-267 Debris Monitoring & Financial Recovery Services to Witt O'Brien's LLC and to authorize execution of the Contract Documents. Funds are Available in the Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 1 Draft Pre-Event Agreement For Disaster Debris Management Services THIS AGREEMENT is made as of this _____ day of _____, 2020 by and between Augusta, Georgia, a political subdivision of the State of Georgia (“Augusta”), with an office 535 Telfair Street, Augusta, GA 30901, and Witt O’Brien’s LLC, a Foreign Corporation qualified to do business in the State of Georgia, with an office at 1501 M Street NW, 5th Floor, Washington DC 20005 (the “Contractor”). RECITALS: In the event Augusta suffers the full force and effects of major storms and the resulting destruction brought about by such storms or manmade disasters; and The public health and safety of all citizens may be at serious risk without adequate debris management services; and Immediate economic recovery of Augusta is a major concern and a primary priority, and It is in the public interest to provide for the expedient removal of storm debris within Augusta’s jurisdictional limits as well as for recovery technical assistance to its officials resulting from a future storm or manmade event; and Contractor has the experience, equipment, manpower, permits and license to perform all storm related debris services as described herein; and Augusta desires to engage the Contractor to provide Disaster Debris Management Services to Augusta, and the Contractor desires to accept such engagement, upon and subject to the terms and conditions of this Agreement. The Contractor acting as an independent consultant is a consultant with extensive experience in providing disaster management and recovery services and shall provide said services in a professional manner in accordance with the terms and conditions of this Agreement and the standards of care practiced by professionals performing similar services. NOW, THEREFORE, in consideration of the mutual covenants contained herein, Augusta and the Contractor hereby agree as follows; ARTICLE I ENGAGEMENT AND SCOPE 1.1 Augusta hereby engages the Contractor to provide Disaster Debris Management Services to Augusta (the “Work”) in accordance with the Contract Documents (defined in Section 4.1 hereof). In the event of conflicting specifications for the Work, the Request for Proposal shall govern. The Contractor hereby accepts such engagement, upon the terms and conditions hereinafter set forth. 2 1.2 The Contractor shall provide, furnish and perform all necessary labor and services (including equipment and supplies) and provide and furnish all necessary supplies, materials and equipment required to complete the Work in accordance with the Contract Documents. The type and quantity of service will correspond to the specifications in the Contract Documents. 1.3 If the Contractor is of the opinion that any service requested of it hereunder is beyond the Scope of Work as provided in the Contract Documents, the Contractor shall promptly notify Augusta in writing of such opinion and the reasons for the same, with specific references to the Contract Documents. Augusta shall be the sole judge as to whether or not such services is in fact beyond the Scope of the Work. 1.4 No additional services beyond the Scope of this Work as provided in the Contract Documents shall be performed by the Contractor unless Augusta shall, in writing, have specifically directed such services to be performed, and a Change Order (hereafter defined) shall have been signed by Augusta and the Contractor. In the event of noncompliance with the foregoing, the Contractor shall neither have nor make any claim for additional compensation by reason of a claim for additional services. 1.5 The term “Change Order” as used herein is a written order to the Contractor, issued and signed by Augusta after execution of this Agreement, authorizing a change in the Work or an adjustment in the Contract Price (hereafter defined) or the Term (hereafter defined). Unless the Contractor requests a modification in such Change Order, the Contractor shall sign the Change Order and return a copy thereof to Augusta within (10) business days after it has received the same. The Contractor shall have ten (10) business days from its receipt of a Change Order within which to request a modification thereto. Failure of Contractor to respond to a Change Order within such ten (10) day period shall be deemed to signify Contractor’s acceptance of such Change Order as if the Contractor had signed the same without modification. If Contractor requests a modification of a Change Order, Augusta shall have ten (10) business days from receipt of such request to accept such modification in writing. If not so accepted, such request is deemed to be rejected. ARTICLE 2 TERM AND FORCE MAJEURE 2.1 The term of this Agreement shall commence on the date noted on page 1 hereof and shall continue for a period of three (3) years, subject to Augusta’s right to terminate this Agreement, if for any reason Augusta is dissatisfied with the Contractor’s performance. Termination rights shall be governed by Section 12 of this Agreement. Augusta may exercise the option to renew this contract at the end of the term for two additional one (1) year periods with all the same terms and conditions presented herein. 2.2 If the Contractor is delayed at any time in the progress of the Work by labor disputes, fire, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any other causes beyond the Contractor’s control and without the fault or negligence of Contractor, the Contractor shall prepare and submit to Augusta within five (5) calendar days of the occurrence a written report of its assessment of the occurrence and any proposed amendment to the Term. The Contractor shall proceed with due diligence to alleviate any such delay and shall continue in the performance of its 3 obligations hereunder. Augusta may determine, in its sole discretion, after the receipt of such notice of delay from the Contractor, whether to terminate this Agreement in accordance with Article 12 hereof or extend the Term by Change Order from such time as Augusta may determine. ARTICLE 3 COMPENSATION AND METHOD OF PAYMENT 3.1 Augusta shall pay Contractor hourly rate for resources for completion of the Work determined in accordance with the Contract Documents. The fee payable to the Contractor hereunder will not exceed an amount authorized by Augusta, unless Contractor requests and Augusta authorizes in writing an increased amount. 3.2 Contractor shall bear all its own operating costs and is responsible for all permits, license fees, and maintenance of its own trucks and equipment to keep such property in a condition and manner adequate to accomplish contracted services. 3.3 Contractor shall submit an invoice based on the satisfactory completion of each phase of the Work outlined in the Contractor’s Proposal provided. The review and acceptance of or notice of defects in the work performed will not exceed 30 days from receipt of said work. The invoice shall list the charges for each task or portion of the Work performed. Each such invoice shall also contain Contractor’s certification that the task or portion of the Work described in the invoice has been completed in accordance with the Contract Documents, that the amount of all items due to third parties has been paid, and that the amount of such invoice is due to the Contractor. Such invoice shall not contain any surcharge for amounts paid to third parties by Contractor. 3.4 Augusta shall pay the full amount of an invoice with forty-five (45) days after receipt of the invoice and accompanying financial report, prepared as described herein. If, however, Augusta objects to all or any portion of any invoice, Augusta shall so notify Contractor of the same, stating the reasons for the objection. Augusta shall be entitled to withhold payment of any amounts in dispute, but shall make payments on amounts not in dispute. The parties shall immediately make every effort to settle any disputed portions of the invoice. If Contractor does not make an effort to correct deficiencies, the amount deducted from the invoice will correspond to the amount of work improperly billed or negligently performed. 3.5 The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. ARTICLE 4 CONTRACT DOCUMENTS 4.1 The Contract Documents consist of this Agreement, Exhibit A – Augusta, Georgia’s Request for Proposal # 19-267, Exhibit B – Contractor’s Submittal in Response to Augusta, Georgia Request for Proposal # 19-267, Exhibit C – Contractor’s Best & Final Cost Sheet, Exhibit D – Release of Claims (each exhibit being attached hereto and made a part hereof), all Amendments and all accepted 4 Change Orders. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by an one shall be deemed to be required by all; provided however, if there is any conflict between the terms of this Agreement and any of the other Contract Documents, the terms of this Agreement shall control, except as provided in Section 1.1 herein. ARTICLE 5 AUGUSTA’S RESPONSIBILITIES 5.1 Augusta shall direct its officers, agents and employees to render all reasonable assistance and provide available data to the Contractor in connection with its performance of the Work under this Agreement. The Contractor shall have the duty to make independent inquiry as to the correctness of such data. Augusta agrees to furnish to the Contractor copies of any previous reports, data and drawings, which may be available and are pertinent to the Work. All such data provided shall remain the property of Augusta and shall be returned to Augusta upon termination of this Agreement. ARTICLE 6 CONTRACTOR’S REPRESENTATIONS, WARRANTIES AND RESPONSIBILITIES 6.1 The Contractor represents and warrants to Augusta that is has the authority to enter into this Agreement and to perform the Work, and that it is licensed and authorized to conduct business in the State of Georgia. The Contractor further represents and warrants that all Work performed by it hereunder (a) will be in conformance with the terms of the Contract Documents; (b) will be performed in a skillful and workmanlike manner; (c) will be performed by the proper number of experience, skilled personnel, qualified by education or experience to perform their assigned tasks; and (d) will conform to the standard of care, skill and diligence according to the standards of the industry. 6.2 The Contractor shall at all times enforce strict discipline and good order among its employees and any subcontractors and shall not employ for the Work (i) any person, firm or corporation not skilled and licensed, if required, in the task assigned to him, or (ii) anyone who might endanger himself, others or the project. The Contactor shall be responsible to Augusta for the acts and omissions of its employees, agents, subcontractors and other persons performing any of the Work for the Contractor. Augusta reserves the absolute right to require the immediate removal of any such unskilled, untrained or unfit person, firm or corporation from participation in the Work. 6.3 The Contractor shall indemnify and hold Augusta harmless from any and all losses, damages, costs, penalties, expenses (including, but not limited to, reasonable investigation or legal expenses), liabilities, judgments, liens, suits, claims or demands arising out of any actual or threatened damage to property, including Augusta’s property, or injuries to or death of persons, including Augusta’s employees, caused by or resulting from Contractor’s (or its employees, agents, subcontractors or any other person performing any of the Work for the Contractor) acts or omissions or any breach or threatened breach of this Agreement by the Contractor (or its subcontractors or any other person performing any of the Work for the Contractor). 6.4 The Contractor shall guarantee all work performed under this Agreement against defective workmanship or materials, and shall replace all such defective work, materials or equipment 5 furnished by the Contractor, for a period of two years from the date of final acceptance of the work, unless a longer period is otherwise provided for within the contract documents. 6.5 The Contractor shall operate as an independent contractor and Augusta shall not be responsible for any of the Contractor’s acts or omissions. The Contractor shall not be treated as an employee with respect to the services performed hereunder for federal or state tax, unemployment or workers’ compensation purposes. The Contractor understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by Augusta of behalf of the Contractor or the employees of the Contractor. The Contractor further agrees that the Contractor is fully responsible for the payment of any and all taxes arising from the payment of monies under this Agreement. The Contractor shall not be treated as an employee with respect to the services performed hereunder for purposes of eligibility for, or participation in, any employee pension, health, or other fringe benefit plan of Augusta. Augusta shall not be liable to the Contractor for any expenses paid or incurred by the Contractor unless otherwise agreed in writing. The Contractor shall supply, at its sole expense all management supervision, labor, equipment, tools, materials, and supplies required to provide the contracted services unless otherwise agreed to in writing. The Contractor shall comply with all federal, state and local laws regarding business permits, certificates and licenses that may be required to carry out the services to be performed under this Agreement. The Contractor shall insure that all personnel engaged in work under this Agreement shall be fully qualified and shall be authorized under state and local law to perform the services under this Agreement. 6.6 The Contractor 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 Contractor for the purpose of securing business and that the Contractor 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 Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. ARTICLE 7 SUBCONTRACTS 7.1 A subcontractor is a person or entity who provides services or performs Work for the Contractor or for a subcontractor of Contractor. The Contractor may utilize the services of subcontractors and shall be responsible for the acts or omissions of its subcontractors to the same extent Contractor is responsible for the acts and omissions of its own employees. Contractor shall not employ any subcontractor without the prior written consent of Augusta and shall obtain a written agreement with each subcontractor. As between Augusta and the Contractor the Contractor shall be responsible for the acts and omissions of its subcontractors and any portion of the Work performed by a subcontractor. Augusta may make reasonable requests for information and data concerning any and all subcontractors under this Agreement, and any other matter deemed by Augusta to be pertinent hereto, and the Contractor hereby agrees to submit such information and data promptly upon request. 6 7.2 In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY 8.1 Contractor agrees to advise fully all of its employees, subcontractors and others working for the Contractor concerning environmental, safety and health procedures required by applicable state and federal law, regulation or order or required by Augusta; and to take the steps necessary to assure that such procedures are complied with. ARTICLE 9 INSURANCE 9.1 The Contractor agrees at all times during the Term of this Agreement to maintain in full force and effect the following insurance coverage in at least the limits set forth in Section 9.2: Worker’s Compensation (including occupational disease in accordance with applicable statutory and regulatory requirements); Employer’s liability insurance (including coverage on all of Contractor’s employees engage in the performance of the Work); and Comprehensive General Liability insurance (including protective liability covering death or bodily injury and contractual liability). Before commencement of any of the Work hereunder, the Contractor agrees to furnish to Augusta, on an annual renewal basis, certificates of insurance or other evidence satisfactory to Augusta to the effect that such insurance has been procured and is in force. The certificates shall accurately reflect the required insurance coverages, including any and all limitations, exclusions and restrictions, and provide that in the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given to Augusta. 9.2 For the purpose of this Agreement, Contractor shall carry the following types of insurance in at least the limits (which may be a combination of primary and excess coverage) specified below: COVERAGES LIMITS OF LIABILIY Worker’s Compensation Statutory General Liability, Including Bodily Injury $1,000,000 each Occurrence Property Damage and Contractual Liability 7 Automobile Liability, Including Bodily Injury $1,000,000 each Occurrence And Property Damage ARTICLE 10 PATENTS, PUBLICATIONS AND TRADE SECRETS 10.1 Contractor agrees that it will not at any time, either while engaged hereunder by Augusta or afterwards, make any outside use of, or disclose to any other person or organization, except as authorize in writing by Augusta, any information, whether patentable or not, regarding plans, programs, facilities, designs, processes, products, costs, equipment, operations or customers of Augusta which comes within the knowledge of Contractor in the performance of the Work hereunder. 10.2 In the event Contractor creates and desires to publish, produce or use for itself or others, any writings, drawings, photographs or computer software which relates to the business or activities of Augusta or which contains information received as a result of the Work performed for Augusta by Contractor, a draft manuscript or printout must be provide to Augusta by Contractor prior to publication, production or use. Under no circumstances will any publication, production or use by Contractor relating to the business or activities of Augusta or performance of the Work of the Contractor hereunder be allowed without prior written consent of Augusta. Contractor also agrees that any manuscript, article, book, pamphlet, advertisement, drawing, photograph or computer software produced for Augusta by the Contractor is to be deemed “work for hire” for which Augusta is entitled to all copyrights and other benefits thereunder. ARTICLE 11 CONFIDENTIAL INFORMATION 11.1 Contractor recognizes and acknowledges that it will have access to certain confidential information of Augusta, and of authorities and other governmental entities affiliated with Augusta (“Affiliated Entities”), and that such information constitutes valuable, special and unique property of Augusta, and such other Affiliated Entities. Contractor will not, during or after the term of this Agreement, use or disclose any of such confidential information to any person, firm corporation, associated or other entity, except to authorized representatives of Augusta and Affiliated Entities, for any reason or purpose whatsoever, other than in furtherance of this Agreement. In the event of a breach or threatened breach by Contractor of the provisions of this Article 11, Augusta, and Affiliated Entities, shall be entitled to a temporary restraining order and/or a preliminary injunction restraining Contractor from using or disclosing, in whole or in part, such confidential information, and Contractor consents to the entry of such a temporary restraining order and/or preliminary injunction without the necessity of Augusta posting any bond in connection therewith, and agrees that it shall not assert any defenses to any petition filed by Augusta in a court of competent jurisdiction requesting such temporary restraining order and/or preliminary injunction, as the case may be. Nothing herein shall be construed as prohibiting Augusta, and Affiliated Entities, from pursuing any other remedies available to them for such breach or threatened breach, including the recovery of damages from Contractor. 8 11.2 The obligations of this Article 11 do not apply to information which: (a) is or becomes part of the public domain without the breach of any obligation of confidentiality owed to Augusta or the Affiliated Entities; or (b) is lawfully in the possession of Contractor at the time it was acquired hereunder without the breach of any obligation of confidentiality owed to Augusta or the Affiliated Entities; or (c) is required to be publicly disclosed under law. ARTICLE 12 TERMINATION 12.1 Augusta may, at any time, without prejudice to any other right or remedy, and upon giving the Contractor thirty (30) days written notice, terminate this Agreement. Upon completion of the Work, as accepted by Augusta, or upon receipt of the aforesaid notice of termination, Contractor shall deliver to Augusta all of the following: (a) All drawings, documents, reports and all other work relating in any way to any portion of the Work. All Work remains the property of Augusta and may not be used by the Contractor, except by written agreement of Augusta, on any other project or for any other person, firm, or corporation. Should Contractor refuse to deliver any work, Augusta is authorized to employ another firm to complete the contract at the expense of Contractor. (b) Executed Release of Claims, in the form of Exhibit “E” attached hereto, stating that all bills have been paid and no claims exist again Augusta. (c) Final itemized invoice for payment. Contractor shall be paid for services performed in accordance with the Contract Documents to the date of termination. 12.2 To the extent that it does not alter the scope of this agreement, Augusta, GA may, with at least 48 hours notice, unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Contractor under this agreement. ARTICLE 13 DELAYS AND DAMAGES 13.1 If the Contractor refuses or fails to prosecute the Work or any separable part thereof, with such diligence as will insure its completing within the time specified, or any extension thereof, or fails to complete said Work within such time Augusta may be written notice to the Contractor, terminate his right to proceed with the Work or such part of the Work as to which there has been delay. In such event, Augusta may take over the Work and prosecute the same to completion, by contractor or 9 otherwise, and the Contractor and his sureties shall be liable to Augusta for any excess cost, loss of use of the project, or other damages associated with the delay, occasioned Augusta thereby. If the Contractor’s right to proceed is terminated, Augusta may take possession of and utilize in completing the Work such materials, and plans, whether or not in final form. If Augusta does not terminate the right of the Contractor to proceed, the Contractor shall continue the Work, in which even the actual damages for the delay will be impossible to determine and in lieu thereof the Contractor shall pay to Augusta as fixed, agreed, and liquidated damages for each calendar day of delay until the Work is completed or accepted the amount as set forth in this section and the Contractor and his sureties shall be liable for the amount thereof provided. If the Contractor is delayed at any time in the progress of the Work by an act or neglect of Augusta or consultant hired by Augusta, or by an employee of either, or by any separate Contractor employed by Augusta, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor’s control, or by delay authorized by Augusta, or by any other cause which Augusta determines may justify the delay, then the time for completion shall be extended by change order for such reasonable time as Augusta may determine. Any claim for extension of time shall be made in writing by the Contractor to Augusta not more than ten days after the commencement of the delay; otherwise, it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide in its notice an explanation for the delay and the probable effect of the delay on the progress of the Work. Any extension of time to the Contractor pursuant to this paragraph of the contract shall be the sole remedy to Contractor for any such delay, suspension, interruption or effect thereof. 13.2 Contractor agrees to pay as liquidated damages to Augusta the sum of $1,000 for each consecutive calendar day after expiration of the Contract Completion Time, except for authorized extensions of time by Augusta. 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 Contractor failures. 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 Contract as well as attorney fees if applicable. ARTICLE 14 UNAUTHORIZED ACTS 14.1 Contractor represents and warrants to Augusta that it will make no disbursement or other payment of any kind of character or take or authorize the taking of any other action which contravenes any statue or rule, regulation or other order of any jurisdiction, foreign or domestic. 14.2 Augusta may, from time to time, during the Term and thereafter, upon reasonable notice to Contractor, make an audit of all records of Contractor as they relate to the Work and any payments made by Augusta to Contractor under this Agreement for the same, and obtain copies of the same. 14.3 Contractor agrees to disclose honestly and fully all information and documentation in its possession concerning all transactions or events relating to or affecting Augusta or Affiliated Entities as and to 10 the extent such information or documentation (i) was acquired or developed by Contractor during tis engagement under this Agreement, and (ii) is requested by Augusta or the authorized representative thereof; provided, that if the Contractor indicates that the information or documentation requested is privileged, confidential or personally sensitive, appropriate steps will be taken to protect such privilege, confidentiality or privacy to the extent possible consistent with the ethical and legal obligations applicable to the Contractor, but such claims of privilege, confidentiality or sensitivity shall not diminish the unconditional obligation to disclose any such information or documentation to Augusta or its authorized representatives. 14.4 Contractor shall, at the request of Augusta, render a certificate or sworn affidavit to Augusta stating that Contractor has not violated any of the terms of the Article 14. ARTICLE 15 NOTICES 15.1 Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U. S. mail, certified or registered, return receipt requested, in a postage prepaid envelope addressed: To Augusta: Augusta Emergency Management Agency 3117 Deans Bridge Road Augusta, GA 30906 Attn: EMA Director With copy to: Augusta Law Department 535 Telfair Street, Building 3000 Augusta, GA 30901 Attn: General Counsel To Contractor: Witt O’Brien’s LLC 1501 M Street NW, 5th Floor Washington DC 20005 or to such other address(es) as either party shall designate by written notice to the other. ARTICLE 16 NONASSIGNMENT 16.1 Augusta has entered into this Agreement in order to receive the services of the Contractor. Subject to the provisions of Article 7 hereof, the Contractor will not make any assignment, by operation of law or otherwise, of all or any portion of the services required under this Agreement without first obtaining the written consent of Augusta. The rights and obligations of Augusta hereunder shall insure to the benefit of, and shall be binding upon, the successors and assigns of Augusta. 11 ARTICLE 17 MISCELLANEOUS 17.1 The terms and provisions of Article 6, entitled “Contractor’s Representations, Warranties and Responsibilities”, Article 8, entitled “Protection of Persons and Property”, Article 10, entitled “Patents, Publications and Trade Secretes”. Article 11, entitled “Confidential Information”, and Article 14, entitled “Unauthorized Acts”, shall survive the termination of this Agreement, howsoever brought about. 17.2 Contractor shall only take instructions from the person or persons who are authorized in writing by Augusta to give the same. 17.3 The Work shall be performed by Contractor in such a manner and at such times so as to not interfere or interrupt Augusta’s operations. 17.4 This Agreement does not and shall not be construed to create any partnership or agency whatsoever. 17.5 This Agreement shall be governed by the laws of Georgia. The Work and performance of same shall comply with all applicable city, county, state and federal codes, rules, regulations and orders, including but not limited to Executive Order 11246 regarding Equal Employment Opportunities, the Copeland Anti-Kickback Act, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Act regulations. The parties consent to venue in the courts of Richmond County. This Agreement may be modified only in writing signed by the parties. 17.6 Failure to insist upon strict compliance with any provision hereof shall not be deemed a waiver of such provision or other provision hereof. 17.7 This Agreement may not be modified except by Change Order or written Amendment executed by the parties hereto. Contractor 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 Commissioners and approval of the Mayor. Under Georgia law, Contractor 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 the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor 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 Contractor. Contractor 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. 12 17.8 The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. 17.9 This Agreement and other Contract Documents supersede all previous agreement between Augusta and Contractor concerning the Work. 17.10 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and such counterparts shall together constitute and be one and the same agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement under seal this _____________________________ day of _________________________ 2020. Augusta, Georgia Witt O’Brien’s LLC By: ___________________________ By: _____________________________ Hardie Davis, Jr., Mayor As Its CEO (or CFO) ATTEST ATTEST By: _______________________________ By: _______________________________ Clerk of Commission As Its Secretary (or CFO) (Seal) A EXHIBIT “A” (Augusta Request For Proposal # 19-267) B EXHIBIT “B” (Contractor’s Submittal in Response to Augusta Request For Proposal # 19-267) C EXHIBIT “C” (Contractor’s Best & Final Cost Sheet) D EXHIBIT “D” (Release of Claims) Reference is made to the Disaster Monitoring Services Agreement, together with all Change Orders thereunder (“Agreement”) by and between the Undersigned ___________________ and Augusta, Georgia, dated __________________. In connection with the Agreement, Contractor warrants that there are no amounts owed by it or by any of its subcontractors, which could become the basis of a claim against the property described in the Agreement or any other property owned by Augusta, and that there exists no known liens, claims, demands or causes of action against the Contractor or its subcontractors or Augusta relating to the work. IN WITNESS WHEREOF, Contractor has executed this release this ____ day of __________, 20____. CONTRACTOR NAME: _________________________ BY: _________________________________________ ITS: _________________________________________ Request for Proposal Request for Proposals will be received at this office until Tuesday, September 24, 2019 @ 11:00 a.m. for furnishing: RFP Item #19-267 Debris Monitoring & Financial Recovery Services – Fire Department/Emergency Management 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. A Mandatory Pre Proposal/Telephone Conference will be held on Monday, August 19, 2019 @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605. If you choose to teleconference there is a $35.00 fee. Make the $35.00 check payable to “Augusta Georgia Commission” and mail to Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 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 Thursday, August 22, 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 bids have been opened, pending the execution of contract with the successful bidder(s). A 100% performance bond and a 100% payment bond will be required for award. 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 waivable 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 their 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 GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 18, 25, August 1, 8, 2019 Metro Courier July 18, 2019 OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1 SAVE Form Original 7 Copies Fee Proposal Thompson Consulting Svc. 1135 Townpark Ave., Suite 2101 Lake Mary, FL 32746 Yes 1111126 Yes Yes Yes Yes Yes Witt O’Brien's 1201 15th St. NW, Suite 600 Washington, DC 20005 Yes 369335 Yes Yes Yes Yes Yes GMC 1450 Greene St., Suite 505 Augusta, GA 30901 Yes 425070 Yes Yes Yes Yes Yes Rostan Solutions LLC 3433 Lithia Pinecrest Rd, Suite 287 Valrico, FL 33596 RFP Opening RFP Item #19-267 Debris Monitoring & Financial Recovery Services for Augusta, Georgia-Fire Department/Emergency Management RFP Date: Tuesday, September 24, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 57 Total Number Specifications Download (Demandstar): 11 Total Electronic Notifications (Demandstar): 37 Georgia Procurement Registry: 62 Mandatory Pre-Proposal/Telephone Conference Attendees: 6 Total packages submitted: 3 Total Noncompliant: 0 Page 1 of 1 Thompson Consulting Svc. 1135 Townpark Ave., Suite 2101 Lake Mary, FL 32746 Witt O’Brien's 1201 15th St. NW, Suite 600 Washington, DC 20005 GMC 1450 Greene St., Suite 505 Augusta, GA 30901 Thompson Consulting Svc. 1135 Townpark Ave., Suite 2101 Lake Mary, FL 32746 Witt O’Brien's 1201 15th St. NW, Suite 600 Washington, DC 20005 GMC 1450 Greene St., Suite 505 Augusta, GA 30901 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 PASS PASS 2. Qualifications & Experience (0-5)20 3.3 4.8 2.8 65.0 95.0 55.0 3. Organization & Approach (0-5)15 4.3 4.8 2.8 63.8 71.3 41.3 4. Scope of Services: • Experience with the FEMA appeals process • Percentage of FEMA reimbursement achieved by other clients • Ability to provide services as described under the scope of work (0-5)30 3.9 4.8 2.3 116.3 142.5 67.5 5. Financial Stability (0-5)5 3.4 5.0 3.0 16.9 25.0 15.0 6. References (0-5)5 4.0 4.0 3.8 20.0 20.0 18.8 18.8 23.3 14.5 281.9 353.8 197.5 8. Presentation by Team (0-5)10 0 0 0 9 Q&A Response to Panel Questions (0-5)5 0 0 0 Lowest Fees 5 10 5 50 0 0 Second 5 6 5 0 30 0 Third 5 4 0 0 0 Forth 5 2 0 0 0 Fifth 5 1 0 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5 5 0 50 30 0 23.8 28.3 14.5 331.9 383.8 197.5 Procurement DepartmentRepresentative:________Nancy Williams___________________________________ Procurement Department Completion Date: 10/18/19 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: 10/18/19 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) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Vendors Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Phase 1 RFP Item #19-267 Debris Monitoring & Financial Recovery Services for Augusta, Georgia-Fire Department/Emergency Management Evaluation Committee Meeting Date: Friday, October 18, 2019 @ 2:00 p.m. Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores Commission Meeting Agenda 2/4/2020 2:00 PM Motion to award RFP #19-268 Debris Removal Services to Ceres Environmental Services, Inc. and to authorize execution of the Contract Documents. Department:Fire Department:Fire Caption:Motion to award RFP #19-268 Debris Removal Services to Ceres Environmental Services, Inc. and to authorize execution of the Contract Documents. (Approved by Public Safety Committee January 28, 2020) Background:In the event of a large emergency, a contract for debris removal may be activated to enable the community to recover quickly. The contractor will work with Engineering Services, Environmental Services and Emergency Management. Analysis:A RFP was completed through Procurement. Ceres was the highest ranked bidder for the RFP. Financial Impact:The financial impact will be based on the emergency. Pricing is submitted by Ceres for a cost per cubic yard removed. Alternatives:None. Recommendation:To approve the motion to approve the award of RFP #19-268 Debris Removal Services to Ceres Environmental Services, Inc. and to authorize execution of the Contract Documents. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 1 Pre-Event Agreement For Disaster Debris Removal Services THIS AGREEMENT is made as of this _____ day of _____, 2020 by and between Augusta, Georgia, a political subdivision of the State of Georgia (“Augusta”), with an office 535 Telfair Street, Augusta, GA 30901, and Ceres Environmental Services, Inc., a Foreign Corporation qualified to do business in the State of Georgia, with an office at 5590 Broadcast Court, Sarasota, FL 34240 (the “Contractor”). RECITALS: In the event Augusta suffers the full forces and effects of major storms and the resulting destruction brought about by such storms or manmade disasters; and The public health and safety of all citizens may be at serious risk without adequate debris removal services; and Immediate economic recovery of Augusta is a major concern and a primary priority, and It is in the public interest to provide for the expedient removal of storm debris within Augusta’s jurisdictional limits as well as for recovery technical assistance to its officials resulting from a future storm or manmade event; and Contractor has the experience, equipment, manpower, permits and license to perform all storm related debris services as described herein; and Augusta desires to engage the Contractor to provide Disaster Debris Removal Services to Augusta, and the Contractor desires to accept such engagement, upon and subject to the terms and conditions of this Agreement. The Contractor acting as an independent consultant is a consultant with extensive experience in providing disaster removal services and shall provide said services in a professional manner in accordance with the terms and conditions of this Agreement and the standards of care practiced by professionals performing similar services. NOW, THEREFORE, in consideration of the mutual covenants contained herein, Augusta and the Contractor hereby agree as follows; ARTICLE I ENGAGEMENT AND SCOPE 1.1 Augusta hereby engages the Contractor to provide Disaster Debris Removal Services to Augusta (the “Work”) in accordance with the Contract Documents (defined in Section 4.1 hereof). In the event of conflicting specifications for the Work, the Request for Proposal shall govern. The Contractor hereby accepts such engagement, upon the terms and conditions hereinafter set forth. 2 1.2 The Contractor shall provide, furnish and perform all necessary labor and services (including equipment and supplies) and provide and furnish all necessary supplies, materials and equipment required to complete the Work in accordance with the Contract Documents. The type and quantity of service will correspond to the specifications in the Contract Documents. 1.3 If the Contractor is of the opinion that any service requested of it hereunder is beyond the Scope of Work as provided in the Contract Documents, the Contractor shall promptly notify Augusta in writing of such opinion and the reasons for the same, with specific references to the Contract Documents. Augusta shall be the sole judge as to whether or not such services is in fact beyond the Scope of the Work. 1.4 No additional services beyond the Scope of this Work as provided in the Contract Documents shall be performed by the Contractor unless Augusta shall, in writing, have specifically directed such services to be performed, and a Change Order (hereafter defined) shall have been signed by Augusta and the Contractor. In the event of noncompliance with the foregoing, the Contractor shall neither have nor make any claim for additional compensation by reason of a claim for additional services. 1.5 The term “Change Order” as used herein is a written order to the Contractor, issued and signed by Augusta after execution of this Agreement, authorizing a change in the Work or an adjustment in the Contract Price (hereafter defined) or the Term (hereafter defined). Unless the Contractor requests a modification in such Change Order, the Contractor shall sign the Change Order and return a copy thereof to Augusta within (10) business days after it has received the same. The Contractor shall have ten (10) business days from its receipt of a Change Order within which to request a modification thereto. Failure of Contractor to respond to a Change Order within such ten (10) day period shall be deemed to signify Contractor’s acceptance of such Change Order as if the Contractor had signed the same without modification. If Contractor requests a modification of a Change Order, Augusta shall have ten (10) business days from receipt of such request to accept such modification in writing. If not so accepted, such request is deemed to be rejected. ARTICLE 2 TERM AND FORCE MAJEURE 2.1 The term of this Agreement shall commence on the date noted on page 1 hereof and shall continue for a period of three (3) years, subject to Augusta’s right to terminate this Agreement, if for any reason Augusta is dissatisfied with the Contractor’s performance. Termination rights shall be governed by Section 12 of this Agreement. Augusta may exercise the option to renew this contract at the end of the term for two additional one (1) year periods with all the same terms and conditions presented herein. 2.2 If the Contractor is delayed at any time in the progress of the Work by labor disputes, fire, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any other causes beyond the Contractor’s control and without the fault or negligence of Contractor, the Contractor shall prepare and submit to Augusta within five (5) calendar days of the occurrence a written report of its assessment of the occurrence and any proposed amendment to the Term. The Contractor shall proceed with due diligence to alleviate any such delay and shall continue in the performance of its 3 obligations hereunder. Augusta may determine, in its sole discretion, after the receipt of such notice of delay from the Contractor, whether to terminate this Agreement in accordance with Article 12 hereof or extend the Term by Change Order from such time as Augusta may determine. ARTICLE 3 COMPENSATION AND METHOD OF PAYMENT 3.1 Augusta shall pay Contractor a fee for completion of the Work determined in accordance with the Contract Documents. The fee payable to the Contractor hereunder will not exceed an amount authorized by Augusta, unless Contractor requests and Augusta authorizes in writing an increased amount. 3.2 Contractor shall bear all its own operating costs and is responsible for all permits, license fees, and maintenance of its own trucks and equipment to keep such property in a condition and manner adequate to accomplish contracted services. 3.3 Contractor shall submit an invoice based on the satisfactory completion of each phase of the Work outlined in the Contractor’s Proposal provided. The review and acceptance of or notice of defects in the work performed will not exceed 30 days from receipt of said work. The invoice shall list the charges for each task or portion of the Work performed. Each such invoice shall also contain Contractor’s certification that the task or portion of the Work described in the invoice has been completed in accordance with the Contract Documents, that the amount of all items due to third parties has been paid, and that the amount of such invoice is due to the Contractor. Such invoice shall not contain any surcharge for amounts paid to third parties by Contractor. 3.4 Augusta shall pay the full amount of an invoice with forty-five (45) days after receipt of the invoice and accompanying financial report, prepared as described herein. If, however, Augusta objects to all or any portion of any invoice, Augusta shall so notify Contractor of the same, stating the reasons for the objection. Augusta shall be entitled to withhold payment of any amounts in dispute, but shall make payments on amounts not in dispute. The parties shall immediately make every effort to settle any disputed portions of the invoice. If Contractor does not make an effort to correct deficiencies, the amount deducted from the invoice will correspond to the amount of work improperly billed or negligently performed. 3.5 The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. ARTICLE 4 CONTRACT DOCUMENTS 4.1 The Contract Documents consist of this Agreement, Exhibit A – Augusta, Georgia’s Request for Proposal # 19-268, Exhibit B – Contractor’s Submittal in Response to Augusta, Georgia Request for Proposal # 19-268, Exhibit C – Contractor’s Best & Final Cost Sheet, Exhibit D - Contractor’s Letter to Augusta dated January 15, 2020, Exhibit E - Release of Claims (each exhibit being attached hereto and made a part hereof), all Amendments and all accepted Change Orders. The intent of the 4 Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by an one shall be deemed to be required by all; provided however, if there is any conflict between the terms of this Agreement and any of the other Contract Documents, the terms of this Agreement shall control, except as provided in Section 1.1 herein. ARTICLE 5 AUGUSTA’S RESPONSIBILITIES 5.1 Augusta shall direct its officers, agents and employees to render all reasonable assistance and provide available data to the Contractor in connection with its performance of the Work under this Agreement. The Contractor shall have the duty to make independent inquiry as to the correctness of such data. Augusta agrees to furnish to the Contractor copies of any previous reports, data and drawings, which may be available and are pertinent to the Work. All such data provided shall remain the property of Augusta and shall be returned to Augusta upon termination of this Agreement. ARTICLE 6 CONTRACTOR’S REPRESENTATIONS, WARRANTIES AND RESPONSIBILITIES 6.1 The Contractor represents and warrants to Augusta that is has the authority to enter into this Agreement and to perform the Work, and that it is licensed and authorized to conduct business in the State of Georgia. The Contractor further represents and warrants that all Work performed by it hereunder (a) will be in conformance with the terms of the Contract Documents; (b) will be performed in a skillful and workmanlike manner; (c) will be performed by the proper number of experience, skilled personnel, qualified by education or experience to perform their assigned tasks; and (d) will conform to the standard of care, skill and diligence according to the standards of the industry. 6.2 The Contractor shall at all times enforce strict discipline and good order among its employees and any subcontractors and shall not employ for the Work (i) any person, firm or corporation not skilled and licensed, if required, in the task assigned to him, or (ii) anyone who might endanger himself, others or the project. The Contactor shall be responsible to Augusta for the acts and omissions of its employees, agents, subcontractors and other persons performing any of the Work for the Contractor. Augusta reserves the absolute right to require the immediate removal of any such unskilled, untrained or unfit person, firm or corporation from participation in the Work. 6.3 The Contractor shall indemnify and hold Augusta harmless from any and all losses, damages, costs, penalties, expenses (including, but not limited to, reasonable investigation or legal expenses), liabilities, judgments, liens, suits, claims or demands arising out of any actual or threatened damage to property, including Augusta’s property, or injuries to or death of persons, including Augusta’s employees, caused by or resulting from Contractor’s (or its employees, agents, subcontractors or any other person performing any of the Work for the Contractor) acts or omissions or any breach or threatened breach of this Agreement by the Contractor (or its subcontractors or any other person performing any of the Work for the Contractor). 6.4 The Contractor shall guarantee all work performed under this Agreement against defective workmanship or materials, and shall replace all such defective work, materials or equipment 5 furnished by the Contractor, for a period of two years from the date of final acceptance of the work, unless a longer period is otherwise provided for within the contract documents. 6.5 The Contractor shall operate as an independent contractor and Augusta shall not be responsible for any of the Contractor’s acts or omissions. The Contractor shall not be treated as an employee with respect to the services performed hereunder for federal or state tax, unemployment or workers’ compensation purposes. The Contractor understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by Augusta of behalf of the Contractor or the employees of the Contractor. The Contractor further agrees that the Contractor is fully responsible for the payment of any and all taxes arising from the payment of monies under this Agreement. The Contractor shall not be treated as an employee with respect to the services performed hereunder for purposes of eligibility for, or participation in, any employee pension, health, or other fringe benefit plan of Augusta. Augusta shall not be liable to the Contractor for any expenses paid or incurred by the Contractor unless otherwise agreed in writing. The Contractor shall supply, at its sole expense all management supervision, labor, equipment, tools, materials, and supplies required to provide the contracted services unless otherwise agreed to in writing. The Contractor shall comply with all federal, state and local laws regarding business permits, certificates and licenses that may be required to carry out the services to be performed under this Agreement. The Contractor shall insure that all personnel engaged in work under this Agreement shall be fully qualified and shall be authorized under state and local law to perform the services under this Agreement. 6.6 The Contractor 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 Contractor for the purpose of securing business and that the Contractor 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 Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. ARTICLE 7 SUBCONTRACTS 7.1 A subcontractor is a person or entity who provides services or performs Work for the Contractor or for a subcontractor of Contractor. The Contractor may utilize the services of subcontractors and shall be responsible for the acts or omissions of its subcontractors to the same extent Contractor is responsible for the acts and omissions of its own employees. Contractor shall not employ any subcontractor without the prior written consent of Augusta and shall obtain a written agreement with each subcontractor. As between Augusta and the Contractor the Contractor shall be responsible for the acts and omissions of its subcontractors and any portion of the Work performed by a subcontractor. Augusta may make reasonable requests for information and data concerning any and all subcontractors under this Agreement, and any other matter deemed by Augusta to be pertinent hereto, and the Contractor hereby agrees to submit such information and data promptly upon request. 6 7.2 In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY 8.1 Contractor agrees to advise fully all of its employees, subcontractors and others working for the Contractor concerning environmental, safety and health procedures required by applicable state and federal law, regulation or order or required by Augusta; and to take the steps necessary to assure that such procedures are complied with. ARTICLE 9 INSURANCE 9.1 The Contractor agrees at all times during the Term of this Agreement to maintain in full force and effect the following insurance coverage in at least the limits set forth in Section 9.2: Worker’s Compensation (including occupational disease in accordance with applicable statutory and regulatory requirements); Employer’s liability insurance (including coverage on all of Contractor’s employees engage in the performance of the Work); and Comprehensive General Liability insurance (including protective liability covering death or bodily injury and contractual liability). Before commencement of any of the Work hereunder, the Contractor agrees to furnish to Augusta, on an annual renewal basis, certificates of insurance or other evidence satisfactory to Augusta to the effect that such insurance has been procured and is in force. The certificates shall accurately reflect the required insurance coverages, including any and all limitations, exclusions and restrictions, and provide that in the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given to Augusta. 9.2 For the purpose of this Agreement, Contractor shall carry the following types of insurance in at least the limits (which may be a combination of primary and excess coverage) specified below: COVERAGES LIMITS OF LIABILIY Worker’s Compensation Statutory General Liability, Including Bodily Injury $1,000,000 each Occurrence Property Damage and Contractual Liability 7 Automobile Liability, Including Bodily Injury $1,000,000 each Occurrence And Property Damage ARTICLE 10 PATENTS, PUBLICATIONS AND TRADE SECRETS 10.1 Contractor agrees that it will not at any time, either while engaged hereunder by Augusta or afterwards, make any outside use of, or disclose to any other person or organization, except as authorize in writing by Augusta, any information, whether patentable or not, regarding plans, programs, facilities, designs, processes, products, costs, equipment, operations or customers of Augusta which comes within the knowledge of Contractor in the performance of the Work hereunder. 10.2 In the event Contractor creates and desires to publish, produce or use for itself or others, any writings, drawings, photographs or computer software which relates to the business or activities of Augusta or which contains information received as a result of the Work performed for Augusta by Contractor, a draft manuscript or printout must be provide to Augusta by Contractor prior to publication, production or use. Under no circumstances will any publication, production or use by Contractor relating to the business or activities of Augusta or performance of the Work of the Contractor hereunder be allowed without prior written consent of Augusta. Contractor also agrees that any manuscript, article, book, pamphlet, advertisement, drawing, photograph or computer software produced for Augusta by the Contractor is to be deemed “work for hire” for which Augusta is entitled to all copyrights and other benefits thereunder. ARTICLE 11 CONFIDENTIAL INFORMATION 11.1 Contractor recognizes and acknowledges that it will have access to certain confidential information of Augusta, and of authorities and other governmental entities affiliated with Augusta (“Affiliated Entities”), and that such information constitutes valuable, special and unique property of Augusta, and such other Affiliated Entities. Contractor will not, during or after the term of this Agreement, use or disclose any of such confidential information to any person, firm corporation, associated or other entity, except to authorized representatives of Augusta and Affiliated Entities, for any reason or purpose whatsoever, other than in furtherance of this Agreement. In the event of a breach or threatened breach by Contractor of the provisions of this Article 11, Augusta, and Affiliated Entities, shall be entitled to a temporary restraining order and/or a preliminary injunction restraining Contractor from using or disclosing, in whole or in part, such confidential information, and Contractor consents to the entry of such a temporary restraining order and/or preliminary injunction without the necessity of Augusta posting any bond in connection therewith, and agrees that it shall not assert any defenses to any petition filed by Augusta in a court of competent jurisdiction requesting such temporary restraining order and/or preliminary injunction, as the case may be. Nothing herein shall be construed as prohibiting Augusta, and Affiliated Entities, from pursuing any other remedies available to them for such breach or threatened breach, including the recovery of damages from Contractor. 8 11.2 The obligations of this Article 11 do not apply to information which: (a) is or becomes part of the public domain without the breach of any obligation of confidentiality owed to Augusta or the Affiliated Entities; or (b) is lawfully in the possession of Contractor at the time it was acquired hereunder without the breach of any obligation of confidentiality owed to Augusta or the Affiliated Entities; or (c) is required to be publicly disclosed under law. ARTICLE 12 TERMINATION 12.1 Augusta may, at any time, without prejudice to any other right or remedy, and upon giving the Contractor thirty (30) days written notice, terminate this Agreement. Upon completion of the Work, as accepted by Augusta, or upon receipt of the aforesaid notice of termination, Contractor shall deliver to Augusta all of the following: (a) All drawings, documents, reports and all other work relating in any way to any portion of the Work. All Work remains the property of Augusta and may not be used by the Contractor, except by written agreement of Augusta, on any other project or for any other person, firm, or corporation. Should Contractor refuse to deliver any work, Augusta is authorized to employ another firm to complete the contract at the expense of Contractor. (b) Executed Release of Claims, in the form of Exhibit “E” attached hereto, stating that all bills have been paid and no claims exist again Augusta. (c) Final itemized invoice for payment. Contractor shall be paid for services performed in accordance with the Contract Documents to the date of termination. 12.2 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 Contractor under this agreement. ARTICLE 13 DELAYS AND DAMAGES 13.1 If the Contractor refuses or fails to prosecute the Work or any separable part thereof, with such diligence as will insure its completing within the time specified, or any extension thereof, or fails to complete said Work within such time Augusta may be written notice to the Contractor, terminate his right to proceed with the Work or such part of the Work as to which there has been delay. In such event, Augusta may take over the Work and prosecute the same to completion, by contractor or otherwise, and the Contractor and his sureties shall be liable to Augusta for any excess cost, loss of use of the project, or other damages associated with the delay, occasioned Augusta thereby. If the Contractor’s right to proceed is terminated, Augusta may take possession of and utilize in completing 9 the Work such materials, and plans, whether or not in final form. If Augusta does not terminate the right of the Contractor to proceed, the Contractor shall continue the Work, in which even the actual damages for the delay will be impossible to determine and in lieu thereof the Contractor shall pay to Augusta as fixed, agreed, and liquidated damages for each calendar day of delay until the Work is completed or accepted the amount as set forth in this section and the Contractor and his sureties shall be liable for the amount thereof provided. If the Contractor is delayed at any time in the progress of the Work by an act or neglect of Augusta or consultant hired by Augusta, or by an employee of either, or by any separate Contractor employed by Augusta, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor’s control, or by delay authorized by Augusta, or by any other cause which Augusta determines may justify the delay, then the time for completion shall be extended by change order for such reasonable time as Augusta may determine. Any claim for extension of time shall be made in writing by the Contractor to Augusta not more than ten days after the commencement of the delay; otherwise, it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide in its notice an explanation for the delay and the probable effect of the delay on the progress of the Work. Any extension of time to the Contractor pursuant to this paragraph of the contract shall be the sole remedy to Contractor for any such delay, suspension, interruption or effect thereof. 13.2 Contractor agrees to pay as liquidated damages to Augusta the sum of $1,000 for each consecutive calendar day after expiration of the Contract Completion Time, except for authorized extensions of time by Augusta. 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 Contractor failures. 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 Contract as well as attorney fees if applicable. ARTICLE 14 UNAUTHORIZED ACTS 14.1 Contractor represents and warrants to Augusta that it will make no disbursement or other payment of any kind of character or take or authorize the taking of any other action which contravenes any statue or rule, regulation or other order of any jurisdiction, foreign or domestic. 14.2 Augusta may, from time to time, during the Term and thereafter, upon reasonable notice to Contractor, make an audit of all records of Contractor as they relate to the Work and any payments made by Augusta to Contractor under this Agreement for the same, and obtain copies of the same. 14.3 Contractor agrees to disclose honestly and fully all information and documentation in its possession concerning all transactions or events relating to or affecting Augusta or Affiliated Entities as and to the extent such information or documentation (i) was acquired or developed by Contractor during tis engagement under this Agreement, and (ii) is requested by Augusta or the authorized representative thereof; provided, that if the Contractor indicates that the information or documentation requested is 10 privileged, confidential or personally sensitive, appropriate steps will be taken to protect such privilege, confidentiality or privacy to the extent possible consistent with the ethical and legal obligations applicable to the Contractor, but such claims of privilege, confidentiality or sensitivity shall not diminish the unconditional obligation to disclose any such information or documentation to Augusta or its authorized representatives. 14.4 Contractor shall, at the request of Augusta, render a certificate or sworn affidavit to Augusta stating that Contractor has not violated any of the terms of the Article 14. ARTICLE 15 NOTICES 15.1 Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U. S. mail, certified or registered, return receipt requested, in a postage prepaid envelope addressed: To Augusta: Augusta Emergency Management Agency 3117 Deans Bridge Road’ Augusta, GA 30906 Attn: EMA Director With copy to: Augusta Law Department 535 Telfair Street, Building 3000 Augusta, GA 30901 Attn: General Counsel To Contractor: Ceres Environmental Services, Inc, 5590 Broadcast Court Sarasota, FL 34240 or to such other address(es) as either party shall designate by written notice to the other. ARTICLE 16 NONASSIGNMENT 16.1 Augusta has entered into this Agreement in order to receive the services of the Contractor. Subject to the provisions of Article 7 hereof, the Contractor will not make any assignment, by operation of law or otherwise, of all or any portion of the services required under this Agreement without first obtaining the written consent of Augusta. The rights and obligations of Augusta hereunder shall insure to the benefit of, and shall be binding upon, the successors and assigns of Augusta. 11 ARTICLE 17 MISCELLANEOUS 17.1 The terms and provisions of Article 6, entitled “Contractor’s Representations, Warranties and Responsibilities”, Article 8, entitled “Protection of Persons and Property”, Article 10, entitled “Patents, Publications and Trade Secretes”. Article 11, entitled “Confidential Information”, and Article 14, entitled “Unauthorized Acts”, shall survive the termination of this Agreement, howsoever brought about. 17.2 Contractor shall only take instructions from the person or persons who are authorized in writing by Augusta to give the same. 17.3 The Work shall be performed by Contractor in such a manner and at such times so as to not interfere or interrupt Augusta’s operations. 17.4 This Agreement does not and shall not be construed to create any partnership or agency whatsoever. 17.5 This Agreement shall be governed by the laws of Georgia. The Work and performance of same shall comply with all applicable city, county, state and federal codes, rules, regulations and orders, including but not limited to Executive Order 11246 regarding Equal Employment Opportunities, the Copeland Anti-Kickback Act, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Act regulations. The parties consent to venue in the courts of Richmond County. This Agreement may be modified only in writing signed by the parties. 17.6 Failure to insist upon strict compliance with any provision hereof shall not be deemed a waiver of such provision or other provision hereof. 17.7 This Agreement may not be modified except by Change Order or written Amendment executed by the parties hereto. Contractor 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 Commissioners and approval of the Mayor. Under Georgia law, Contractor 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 the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor 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 Contractor. Contractor 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. 12 17.8 The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. 17.9 This Agreement and other Contract Documents supersede all previous agreement between Augusta and Contractor concerning the Work. 17.10 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and such counterparts shall together constitute and be one and the same agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement under seal this _____________________________ day of _________________________ 2020. Augusta, Georgia Ceres Environmental Services, Inc. By: ___________________________ By: _____________________________ Hardie Davis, Jr., Mayor As Its President (or Vice President) ATTEST ATTEST By: _______________________________ By: _______________________________ Clerk of Commission As Its Secretary (or Vice President) (Seal) A EXHIBIT “A” (Augusta Request For Proposal # 19-268) B EXHIBIT “B” (Contractor’s Submittal in Response to Augusta Request For Proposal # 19-268) C EXHIBIT “C” (Contractor’s Best & Final Cost Sheet) D EXHIBIT “D” (Contractor’s Letter Dated January 15, 2020) E EXHIBIT “E” (Release of Claims) Reference is made to the Disaster Debris Removal Services Agreement, together with all Change Orders thereunder (“Agreement”) by and between the Undersigned ___________________ and Augusta, Georgia, dated __________________. In connection with the Agreement, Contractor warrants that there are no amounts owed by it or by any of its subcontractors, which could become the basis of a claim against the property described in the Agreement or any other property owned by Augusta, and that there exists no known liens, claims, demands or causes of action against the Contractor or its subcontractors or Augusta relating to the work. IN WITNESS WHEREOF, Contractor has executed this release this ____ day of __________, 20____. CONTRACTOR NAME: _________________________ BY: _________________________________________ ITS: _________________________________________ Request for Proposal Request for Proposals will be received at this office until Tuesday, September 24, 2019 @ 11:00 a.m. for furnishing: RFP Item #19-268 Debris Removal Services – Fire Department/Emergency Management 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. A Mandatory Pre Proposal/Telephone Conference will be held on Thursday, August 15, 2019 @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605. If you choose to teleconference there is a $35.00 fee. Make the $35.00 check payable to “Augusta Georgia Commission” and mail to Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 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 Tuesday, August 20, 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 bids have been opened, pending the execution of contract with the successful bidder(s). A 100% performance bond and a 100% payment bond will be required for award. 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 waivable 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 their 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 GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 18, 25, August 1, 8, 2019 Metro Courier July 18, 2019 OFFICIAL VENDORS Attachment "B"E-Verify #Addendums 1-3 SAVE Form Original 7 Copies Fee Proposal Ceres Environmental 6968 Professional Pkwy E Sarasota, FL 34240 Yes 69082 Yes Yes Yes Yes Yes DRC Emergency Services 110 Veterans Blvd. Suite 515 Metairie, LA 70005 Yes 99249 Yes Yes Yes Yes Yes Crowder Gulf 5435 Business Pkwy Theodore, AL 36582 Yes 312220 Yes Yes Yes Yes Yes Southern Disaster Recovery 109 White Oak Rd. Greenville, SC 29609 Yes 559716 Yes Yes Yes Yes Yes Custom Tree Care 6021 SQ 29th PMB #130 Topeka, KS 66614 Yes 588603 Yes Yes Yes Yes Yes D & J Enterprise Inc., 3495 Lee Road 10, Auburn, AL 36832 Yes 1370678 Yes Yes Yes Yes Yes Ashbritt 565 East Hillsboro Blvd., Deerfield Beach, FL 33441 Yes 143125 Yes Yes Yes Yes Yes J.B. Coxwell Contracting 6741 Lloyd Rd. West Jacksonville, FL 32254 Yes 69858 Yes Yes Yes Yes Yes Bergeron Land Development 19612 SW 69TH Place Fort Lauderdale, FL 33332 Yes 495059 Yes Yes Yes Yes Yes Big Dog Stump & Tree 3424 Dunnington PL Augusta, GA 30909 Non- Compliant No Bus Lic 443850 Yes Yes Yes Yes Yes Arbor Equity Inc 713 Dixie Rd. Convington, GA 30014 Yes 464808 Yes Yes Yes Yes Yes RFP Opening RFP Item #19-268 Debris Removal Services for Augusta, Georgia-Fire Department/Emergency Management RFP Date: Tuesday, September 24, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 57 Total Number Specifications Download (Demandstar): 15 Total Electronic Notifications (Demandstar): 154 Georgia Procurement Registry: 460 Mandatory Pre-Proposal/Telephone Conference Attendees: 20 Total packages submitted: 11 Total Noncompliant: 1 Page 1 of 1 Ceres Environmental 6968 Professional Pkwy E Sarasota, FL 34240 Crowder Gulf 5435 Business Pkwy Theodore, AL 36582 Southern Disaster Recovery 109 White Oak Rd. Greenville, SC 29609 Custom Tree Care 6021 SQ 29th PMB #130 Topeka, KS 66614 D & J Enterprise Inc., 3495 Lee Road 10, Auburn, AL 36832 Ashbritt 565 East Hillsboro Blvd., Deerfield Beach, FL 33441 J.B. Coxwell Contracting 6741 Lloyd Rd. West Jacksonville, FL 32254 Bergeron Land Development 19612 SW 69TH Place Fort Lauderdale, FL 33332 Arbor Equity Inc 713 Dixie Rd. Convington, GA 30014 DRC Emergency Services 110 Veterans Blvd. Suite 515 Metairie, LA 70005 Big Dog Stump & Tree 3424 Dunnington PL 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 PASS PASS PASS PASS PASS PASS FAIL 2. Qualifications & Experience (0-5)20 5.0 5.0 3.7 2.5 5.0 4.1 4.4 4.6 2.8 4.6 3. Organization & Approach (0-5)15 4.6 4.6 4.5 2.6 4.6 4.8 4.1 4.6 2.4 4.8 4. Scope of Services: • Experience with the FEMA appeals process • Percentage of FEMA reimbursement achieved by other clients • Ability to provide services as described under the scope of work (0-5)30 5.0 4.7 4.2 2.6 4.5 4.3 4.2 3.8 2.2 3.2 5. Financial Stability (0-5)5 5.0 3.2 4.6 2.8 5.0 4.6 2.8 3.0 0.8 4.7 6. References (0-5)5 5.0 5.0 5.0 2.0 5.0 4.7 4.6 5.0 4.8 2.6 24.55 22.5 22 12.5 24.1 22.5 20.1 21 13 19.9 8. Presentation by Team (0-5)10 4.4 3.4 2.4 3.9 9 Q&A Response to Panel Questions (0-5)5 4.6 3.8 2.9 3.8 Lowest Fees 5 10 5 Second 5 6 5 Third 5 4 5 Forth 5 2 5 Fifth 5 1 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 13.9 12.2 0 0 10.2 12.65 0 0 0 0 38.45 34.7 22 12.5 34.3 35.15 20.1 21 13 19.9 Evaluation Sheet - RFP Item #19-268 Debris Removal Services Page 1 of 2 for Augusta, Georgia-Fire Department/Emergency Management RFP Evaluation Meeting: Thursday, November 7, 2019 @ 3:00 p.m. Total Cumulative Score (Maximum point is 500) 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) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Vendors Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Phase 1 Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5) Procurement DepartmentRepresentative:________Nancy Williams___________________________________ Procurement Department Completion Date: 12/19/19 Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Evaluator: Cumulative Date: 12/19/19 Vendors Ceres Environmental 6968 Professional Pkwy E Sarasota, FL 34240 Crowder Gulf 5435 Business Pkwy Theodore, AL 36582 Southern Disaster Recovery 109 White Oak Rd. Greenville, SC 29609 Custom Tree Care 6021 SQ 29th PMB #130 Topeka, KS 66614 D & J Enterprise Inc., 3495 Lee Road 10, Auburn, AL 36832 Ashbritt 565 East Hillsboro Blvd., Deerfield Beach, FL 33441 J.B. Coxwell Contracting 6741 Lloyd Rd. West Jacksonville, FL 32254 Bergeron Land Development 19612 SW 69TH Place Fort Lauderdale, FL 33332 Arbor Equity Inc 713 Dixie Rd. Convington, GA 30014 DRC Emergency Services 110 Veterans Blvd. Suite 515 Metairie, LA 70005 Big Dog Stump & Tree 3424 Dunnington PL Augusta, GA 30909 Phase 1 Evaluation Criteria 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 PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS FAIL 2. Qualifications & Experience 100.0 100.0 74.0 50.0 100.0 82.0 88.0 92.0 56.0 92.0 3. Organization & Approach 69.0 69.0 67.5 39.0 69.0 72.0 61.5 69.0 36.0 72.0 4. Scope of Services: • Experience with the FEMA appeals process • Percentage of FEMA reimbursement achieved by other clients • Ability to provide services as described under the scope of work 148.5 141.0 126.0 78.0 135.0 129.0 126.0 114.0 66.0 96.0 5. Financial Stability 25.0 16.0 23.0 14.0 25.0 23.0 14.0 15.0 4.0 23.5 6. References 25.0 25.0 25.0 10.0 25.0 23.5 23.0 25.0 24.0 13.0 Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375)367.5 351.0 315.5 191.0 354.0 329.5 312.5 315.0 186.0 296.5 8. Presentation by Team 43.5 34 0 0 23.5 38.5 0 0 0 0 9 Q&A Response to Panel Questions 22.75 19 0 0 14.25 19 0 0 0 0 Lowest Fees 0 50 0 0 0 0 0 0 0 0 Second 30 0 0 0 0 0 0 0 0 0 Third 0 0 0 0 20 0 0 0 0 0 Forth 0 0 0 0 0 10 0 0 0 0 Fifth 0 0 0 0 0 0 0 0 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 96.25 103 0 0 57.75 67.5 0 0 0 0 Total Cumulative Score (Maximum point is 500)463.75 454 315.5 191 411.75 397 312.5 315 186 296.5 Evaluation Sheet - RFP Item #19-268 Debris Removal Services Page 2 of 2 for Augusta, Georgia-Fire Department/Emergency Management RFP Evaluation Meeting: Thursday, November 7, 2019 @ 3:00 p.m. Internal Use Only Evaluator: Cumulative Date: 12/19/19 Weighted Scores Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Procurement DepartmentRepresentative:______Nancy Williams_____________________________________ Procurement Department Completion Date: 12/19/19 Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 10. Cost/Fee Proposal Consideration Commission Meeting Agenda 2/4/2020 2:00 PM Motion to waive the hiring procedures of Section 800.011 of the Personnel Policies and Procedures Manual for the testing and recruitment of high schools seniors in the Richmond County School System. Department:Fire Department:Fire Caption:Motion to waive the hiring procedures of Section 800.011 of the Personnel Policies and Procedures Manual for the testing and recruitment of high schools seniors in the Richmond County School System. (Approved by Public Safety Committee January 28, 2020) Background:Understanding that college is not the intended path for every student and that the Augusta Fire Department provides stable employment at a good wage, the Augusta Fire Department and the Richmond County Board of Education have collaborated on a project to allow high school seniors to take the Augusta Fire Department entrance exam while they are still in school and, if they pass, begin training, preparing, and performing for the agility test (CPAT) and acrophobia test prior to graduation so that they would be eligible for employment with the Augusta Fire Department as a Firefighter I as soon as they graduate and turn 18 (much like the military’s delayed entry program). Section 800.011 of the PPPM sets forth the recruitment procedures for the position of Firefighter I and has the steps as follows: application, entrance exam, background check and pre- employment screening, CPAT, acrophobia test, interview, candidate list, eligibility list, applicant referral list, conditional offer of employment, drug screening, post-offer/pre-employment medical examination, employment, and certification. However, Section 800.011 requires that an individual be at least 18 years of age and have a high school diploma or equivalent prior to being able to apply for the position, which is the first step in the current process and eliminates the possibility of this project. We are requesting that the order of the steps be waived and revised to allow high school seniors in the Richmond County School System to take the Augusta Fire Department entrance exam while they are still in school and, if they pass, begin training, preparing, and performing for the agility test (CPAT) Cover Memo and acrophobia test prior to graduation. We are proposing that the hiring procedures be revised in the following manner for the recruitment of high school seniors in the Richmond County School System only: 1. Entrance Exam – All interested high school seniors in the Richmond County School System will be administered the entrance examination by the Richmond County School System. (The exam is a nationally validated examination). This exam is based on general knowledge, measuring numerous ability. A passing score is required to progress from the entrance exam to the agility test. The entrance examination will not be scored on the day of the test, notification will be sent to the applicants and the Richmond County Board of Education advising the results as either passing or failure. 2. Agility Test – Candidate Physical Ability Test (CPAT) – all high school seniors who successfully complete the entrance exam can progress to the CPAT. A CPAT video will be made available to all high school seniors on the Augusta website under Human Resources. High school seniors will be provided the opportunity to practice the CPAT for a minimum of eight (8) weeks prior to the test date. Upon arriving for this test, high school seniors (or their guardian, if under 18) must sign a waiver to participate in CPAT. With all forms submitted, the applicant is allowed to attempt the CPAT. High school seniors are notified of their status (pass/fail) in this segment of the process before they leave the drill yard. 3. Acrophobia Test – All high school seniors who successfully complete the entrance exam and agility test can progress to an acrophobia test. The high school senior (or their guardian, if under 18) must sign a fitness acknowledgement and certification that they possess the physical and mental attributes necessary to perform the tasks required to participate in this exam. This exercise tests for fear of heights and leg and hand coordination. The high school senior, with a life safety belt on, must climb the ladder to the top, without stopping and without placing both feet on the same rung at the same time, once at the top hook the safety snap ring around the second rung from the top of the ladder, lean back taking the slack out of the safety belt and clap the hands three (3) distinct and separate times over the head. Unhook the safety belt and descend the ladder to the bottom without stopping. MAXIMUM TIME - Five (5) Minutes. EQUIPMENT NEEDED - Applicant wears helmet, gloves and ladder belt. 4. Application – Once the high school seniors have passed the entrance exam, CPAT, and acrophobia test, have turned 18 years of age, and have graduated high school, they will need to complete an online employment application. 5. Background Check and Pre-Employment Screening – High schools seniors must consent to a background examination. High school seniors will be given a detailed background questionnaire packet at the entrance examination to be completed. The completed packet will be held and will not be processed until after the high school senior has applied for emplpoyment. 6. Interview – All high school seniors who have passed all the tests and submitted an application will be Cover Memo scheduled for a structured interview before a five (5) member diverse panel to include women and minorities of various ranks from the Fire Department. Human Resources and EEO will be present. 7. Candidate List – High school seniors who obtain passing status on the eligibility exam, normally a score of 70 or better, and pass all other requirements are then placed on an eligibility list by grouping. The grouping is based upon total points from the exam, and the candidate interview in the following categories - 1. Highly Qualified “HQ” (Top 20% to include ties) 2. Basic “BQ” (Middle 60 %) 3. Minimally Qualified “MQ” (Bottom 20% to include ties) 8. Referral List - Depending on the number of vacancies, a list of referred high school seniors will be forwarded to the Fire Department for hiring consideration. E.g., if the Fire Department has five vacancies, HR may refer the top 10 high school seniors in alphabetical order for selection. The high school seniors that are not selected will be returned to the eligibility list. The high school senior eligibility list will take priority over the normal eligibility list identified in Section 800.011 of the PPPM. 9. Conditional Offer of Employment - As the department needs to fill vacancies, high school seniors are scheduled from the eligibility list for a conditional offer of employment. The high school seniors are to be selected from the “HQ” list first. If there are less than (3) high school seniors on the “HQ” list, high school seniors can be considered from the “BQ” list. If there are less than (3) high school seniors on the “BQ” list, high school senior may be considered from the “MQ” list or the normal candidate list identified in Section 800.011 of the PPPM will be used or the position can be re-advertised. 10. Drug Test Screening - Within 24 hours of the conditional offer of employment, a drug-screening test must be conducted and provide negative results. 11. Post-Offer/Pre-Employment Medical Examination - Selected high school seniors will be scheduled for a complete Firefighter pre-employment medical examination. A trained physician experienced in Firefighter medical exams will conduct this exam. These exams are conducted to meet the NFPA 1582 standard. This standard can be read in detail at the following internet site, www.nfpa.org. 12. Employment - Firefighter must continue to meet the NFPA 1582 and NFPA 1001 standards and must successfully complete an annual physical and performance review. 13. Certification - Firefighter must receive the Basic EMT certification within 12 months of hire. Analysis:The minimal change in the recruitment process to allow high school seniors in the Richmond County School System to take the entrance examination, CPAT, and agility test prior to applying for employment allows these individuals to engage in this process and take substantial steps towards and rewarding and well-paid career while still in school. Additionally, this provides the Fire Department with a currently unutilized Cover Memo candidate pool to help address the shortage of entry level firefighters, which is being felt nationally. Financial Impact:Using this alternative recruitment and hiring procedures to fill currently vacant Firefighter I positions will minimize funds needed for overtime and save money Alternatives:Deny and maintain hiring in accordance with Section 800.011 of the PPPM only. Recommendation:To approve the waiving of the hiring procedures of Section 800.011 of the Personnel Policies and Procedures Manual for the testing and recruitment of high schools seniors in the Richmond County School System. Funds are Available in the Following Accounts: None REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Vendor Award - RFQ 19-251 Architectural Design Services - Training Center/EOC Building Department:Fire Department:Fire Caption:Motion to approve the award of RFQ Item #19-251 Architectural Design Services - Training Center/EOC Building to Johnson Laschober & Associates and authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee January 28, 2020) Background:The Augusta Fire Department, through the Augusta Procurement Department RFQ process, requested proposals for Architectural Design Services to build an Training Center/EOC. The Training Center/EOC will be located on the property directly adjacent to the Fire Administration Building located at 3117 Deans Bridge Rd. Analysis:After careful review and scoring of the proposals submitted to the Procurement Department in response to RFQ Item #19-251 Architectural Design Services - Training Center/EOC Building, Johnson, Laschober & Associates received the highest overall score. Financial Impact:Contractor compensation shall be a fixed rate of 6.5% of the total cost of the project, but shall not exceed $341,250 as compensation for the services, which have been authorized by Augusta and provided the work required by the contract is satisfactorily completed. Alternatives:None at this time. Recommendation:To approve the award RFQ Item #19-251 Architectural Design Services - Training Center/EOC Building to Johnson Laschober & Associates. and authorize the Mayor to execute the appropriate documents Cover Memo Funds are Available in the Following Accounts: SPLOST VII 329034510-5212112-JL 217329505 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Qualifications Request for Qualifications will be received at this office until Wednesday, July 24, 2019 @ 11:00 a.m. for furnishing: RFQ 19-251 Architectural Design Services – Training Center/EOC Building for the Augusta, GA – Fire Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference will be held on Wednesday, July 10, 2019 @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Site Visit will follow. 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 Thursday, July 11, 2019, @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of ninety (90) days after qualifications have been opened, pending the execution of contract with the successful vendor. Request for qualifications (RFQ) and specifications. An RFQ 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 qualification 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 waivable 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 RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the 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 GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 13, 20, 27, July 4, 2019 Metro Courier June 13, 2019 OFFICIAL Page 1 of 1 VENDORS Attachment "B" E-Verify Number SAVE Form Addendum 1 Original 8 Copies Studio 3 Design Group 1617 Walton Way Augusta, GA 30904 Yes 194106 Yes Yes Yes Yes 2KM Architects 529 Greene Street Augusta, GA 30901 Yes 312290 Yes Yes Yes Yes Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Yes 226309 Yes Yes Yes Yes Rosenblum Coe Architects, Inc 1643 Means St Charleston, SC 29412 Yes 1432696 Yes Yes Yes Yes Dickinson & Associates 771 Broad St., Ste 200 Augusta, GA 30901 Yes 67757 Yes Yes Yes Yes Virgo Gambill Architects 3810 Oak Drive Augusta, GA 30907 Yes 184039 Yes Yes Yes Yes Chris Booker & Associates 670 Broad Street Augusta, GA 30901 GMC 1450 Greene St., Suite 515 Augusta, GA 30901 LS3P 205 1/2 King Street Charleston, SC 29401 Pond 621 Frontage Rd., Suite 320 Augusta, GA 30907 Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 Wiley Wilson 5901 Peachtree Dunwo Bldg C1, Suite 515 Atlanta, GA 30328 RFQ Opening - RFQ Item #19-251Architectural Design Services-Training Center/EOC Building for the Augusta, GA – Fire DepartmentRFQ Due: Wednesday, July 24, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 10 Total Electronic Notifications (Demandstar): 129 Georgia Procurement Registry: 16 Mandatory Pre Qualifications Conference Attendees: 14 Total packages submitted: 6 Total Noncompliant: 0 Studio 3 Design Group 1617 Walton Way Augusta, GA 30904 2KM Architects 529 Greene Street Augusta, GA 30901 Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Rosenblum Coe Architects, Inc 1643 Means St Charleston, SC 29412 Dickinson & Associates 771 Broad St., Ste 200 Augusta, GA 30901 Virgo Gambill Architects 3810 Oak Drive Augusta, GA 30907 Studio 3 Design Group 1617 Walton Way Augusta, GA 30904 2KM Architects 529 Greene Street Augusta, GA 30901 Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Rosenblum Coe Architects, Inc 1643 Means St Charleston, SC 29412 Dickinson & Associates 771 Broad St., Ste 200 Augusta, GA 30901 Virgo Gambill Architects 3810 Oak Drive Augusta, GA 30907 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 PASS PASS PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 3.3 3.5 4.8 5.0 3.3 3.3 65.0 70.0 95.0 100.0 65.0 65.0 3. Organization & Approach (0-5)15 3.3 4.0 4.3 4.3 3.3 3.3 48.8 60.0 63.8 63.8 48.8 48.8 4.Scope of Services • Firm’s understanding of work to be done • Quality and Conciseness of the Work Program and Master Schedule • Demonstrated success in prescribing the use of recovered materials and achieving waste reduction and energy efficiency in facility design. (0-5)20 3.3 2.5 5.0 4.8 2.3 3.0 65.0 50.0 100.0 95.0 45.0 60.0 5. Schedule of Work (0-5)10 4.3 2.8 4.8 3.3 3.8 3.8 42.5 27.5 47.5 32.5 37.5 37.5 6. Financial Stability (0-5)5 3.3 2.5 5.0 5.0 3.8 2.8 16.3 12.5 25.0 25.0 18.8 13.8 7. References (0-5)5 3.8 4.0 5.0 2.0 4.5 2.3 18.8 20.0 25.0 10.0 22.5 11.3 Within Richmond County 5 10 5 5 5 5 5 50.0 50.0 50.0 0.0 50.0 50.0 Within CSRA 5 6 0.0 0.0 0.0 0.0 0.0 0.0 Within Georgia 5 4 0.0 0.0 0.0 0.0 0.0 0.0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 0.0 0.0 0.0 10.0 0.0 0.0  All Others 5 1 0.0 0.0 0.0 0.0 0.0 0.0 26.0 24.3 33.8 29.3 25.8 23.3 306.3 290.0 406.3 336.3 287.5 286.3 9. Presentation by Team (0-5)10 0 0 0 0 0 0 10 Q&A Response to Panel Questions (0-5)5 0 0 0 0 0 0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0 0 0 0 0 0 0 0 0 0 0 0 26.0 24.3 33.8 29.3 25.8 23.3 306.3 290.0 406.3 336.3 287.5 286.3 Procurement DepartmentRepresentative:_________Nancy Williams________________________________ Procurement Department Completion Date: 8/22/19 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: 8/22/19 Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 35 - Maximum Weighted Total Possible 425) Phase 1 Evaluation Meeting - RFQ Item #19-251 Architectural Design Services-Training Center/EOC Building for the Augusta, GA – Fire Department RFQ Due: Thursday, August 22, 2019 @ 9:00 a.m. Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores Commission Meeting Agenda 2/4/2020 2:00 PM Approve the award of Bid Item #19-283 Mack Granite 64 Grapple Truck. There were five respondents to the bid, with Environmental Products Group, meeting all requirements of the bid. Department:Environmental Services Department:Environmental Services Caption:Motion to approve the award of Bid Item #19-283 Mack Granite 64 Grapple Truck. There were five respondents to the bid, with Environmental Products Group, meeting all requirements of the bid. (Approved by Engineering Services Committee January 28, 2020) Background:The Environmental Services Department performs curbside grapple pickups and other duties as required in Augusta/Richmond County. ESD currently employs one grapple truck, a 2011 International Pay Star, with over 130,000 miles. The new Mack Granite 64 Grapple Truck will become the primary truck for pickups and the 2011 will be used when additional services are required. Analysis:The new grapple truck will provide a reliable vehicle for pickups. The truck will also be used to transport various pieces of equipment to and from job sites, transport equipment for repairs to various service repair centers, and to assist other departments within Augusta Richmond County Financial Impact:Funds are available in the amount of $189,700 in account 542- 04-4110 / 54.22210 Alternatives:1. Approve the purchase of the 2020 Mack Granite 64 grapple truck bid item #19-283. 2. Do not approve. Recommendation:Approve the purchase of the 2020 Mack Granite 64 grapple truck bid item #19-283. Funds are Available in the Funds are available in the amount of $189,700 in account 542- 04-4110 / 54.22210 Cover Memo Following Accounts: 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 Friday, October 18, 2019 @ 11:00 a.m. for furnishing for: Bid Item #19-283 2019/2020 Grapple Truck 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, October 4, 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 12, 19, 26, October 3, 2019 Metro Courier September 12, 2019 OFFICIAL Vendors Environmental Products Group 4410 Wendell Dr., SW Atlanta, GA 30336 Vanguard Truck Center 5465 Augusta Rd Beech Island, SC 29842 Nextran Truck Center 1735 Breckinridge Plaza Duluth, GA 30096 Matthews Motors 1351 Gordon Hwy Augusta, GA 30901 Rush Truck Center 2925 Gun Club Rd. Augusta, GA 30907 Nextran Truck Center 2855 Broadway Macon, GA 31206 Attachment B Yes Yes Yes Yes Yes Yes E-Verify Number 312637 1285414 204765 873249 255460 No Non-Compliant SAVE Form Yes Yes Yes Yes Yes Yes Year 2020 2020 2021 2021 2020 2021 Brand Mack / Petersen Mack Mack Hino International Mack Model Granite 64 FR MHD / TL3 Loader Graite 64 FR MHD GR 65FR MHD XL8 HV607 Granite 64 FR MHD Bid Price $189,700.00 $196,559.44 $198,375.00 $182,952.00 $193,368.44 $225,357.00 Delivery Date 180 - 140 days Oct. 2020 180-210 days ARO 180-210 days 240-280 120 day from PO Exceptions Noted Exceptions Noted Exceptions Noted 2019/2020 GRAPPLE TRUCK OR APPROVED EQUAL Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 37 Georgia Procurement Registry: 11 Total packages submitted: 6 Total Non-Compliant: 1 Bid Opening Bid Item #19-283 2019/2020 Grapple Truck for Augusta, Georgia – Environmental Services Department Bid Due: Friday, October 18, 2019 @ 11:00 a.m. Page 1 of 1 Commission Meeting Agenda 2/4/2020 2:00 PM Approve the award of Bid Item 19-254 - Articulated Dump Truck. There were two respondents to the bid, with Yancey Brothers, meeting all of the bid requirements. Department:Environmental Services Department:Environmental Services Caption:Motion to approve the award of Bid Item 19-254 - Articulated Dump Truck. There were two respondents to the bid, with Yancey Brothers meeting all of the bid requirements.(Approved by Engineering Services Committee January 28, 2020) Background:The Environmental Services Department, (ESD) currently uses one operational articulating dump truck, a 2006 model Volvo A40D tipper with over 13,500 hours. Due to the daily volume of debris received at the Solid Waste Facility (SWF), ESD requires the use of two articulating dump trucks to meet the daily operating needs of the SWF. Analysis:The Caterpillar 730 EJ articulating truck provides a multipurpose platform compared to the tipper type of truck. The Caterpillar 730 EJ has the ability of dropping loads of cover material (sand) in one spot or with the use of the ejector the load can be spread out over an area decreasing the need of a dozier to spread the cover. Depending on the speed of the truck and rate of the ejector the spread of material can adjusted to various depths. The EJ articulating truck also eliminates load shifts while dumping, which contributes to a safer working environment. Financial Impact:Funds are available in the amount of $429,500.00 in account 541-04-4210/54.22210 Alternatives:1. Approve the purchase of the 2019 Caterpillar 730 EJ (Ejector) Articulating Truck bid item #19-254. 2. Do not approve. Recommendation:Approve the purchase of the 2019 Caterpillar 730 EJ (Ejector) Articulating Truck bid item #19-254. Cover Memo Funds are Available in the Following Accounts: Funds are available in the amount of $429,500.00 in account 541-04-4210/54.22210 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Award Bid Item 19-296 Deans Bridge Road MSW Landfill Phase III-2019 Gas Collection and Control System (GCCS) Expansion to SCS Field Services, the lowest responsive bidder. Department:Environmental Services Department:Environmental Services Caption:Motion to approve bid award Item 19-296 Deans Bridge Road MSW Landfill Phase III-2019 Gas Collection and Control System (GCCS) Expansion to SCS Field Services, the lowest responsive bidder. (Approved by Engineering Services Committee January 28, 2020) Background:The Deans Bridge Road Landfill has a Title V Air Permit. This requires us to collect and destroy methane gas generated by our landfill. This expansion is required to remain in compliance with the permit conditions. Bid Item 19-296 was issued by the Procurement Department for the Deans Bridge Road MSW Landfill Phase III-2019 Gas Collection and Control System (GCCS) Expansion. Two compliant bids were received on December 3, 2019. Analysis:The bids were reviewed by the Environmental Services, Compliance, and Procurement staff per the criteria in the bid and submittal requirements. Based on the evaluation process, it is our recommendation to award the bid to SCS Field Services, the lowest responsive bidder. Financial Impact:Adequate funds, in the amount of $1,630,912.00, are available in account 541-04-4210/ 11.12110. Alternatives:1. Approve the award of Bid Item 19-296 Deans Bridge Road MSW Landfill Phase III-2019 Gas Collection and Control System (GCCS) Expansion to SCS Field Services, the lowest responsive bidder. 2. Do not approve the award and risk non- compliance enforcement action by GA EPD/EPA. Recommendation: Cover Memo Approve the award of Bid Item 19-296 Deans Bridge Road MSW Landfill Phase III-2019 Gas Collection and Control System (GCCS) Expansion to SCS Field Services, the lowest responsive bidder. Funds are Available in the Following Accounts: Adequate funds, in the amount of $1,630,912.00, are available in account 541-04-4210/ 11.12110. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Lock and Dam Funding Department: Department: Caption:Motion to approve tasking the Engineering and Utilities Departments with forming an internal task force to look at the hydrology and engineering and other aspects of what we need to develop a plan and path forward for keeping the pool in place relative to the Lock and Dam. (Approved by Engineering Services Committee January 28, 2020) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Premeasured tarp system Department: Department: Caption:Motion to approve utilizing a trial run of using a premeasured tarp system to help with servicing yard waste piles and report back the results to the committee.(Approved by Engineering Services Committee January 28, 2020) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Street Light Request for Manchester Section 8B Department:Engineering Dept. Department:Engineering Dept. Caption:Motion to approve the installation of 6 street lights in the Manchester Section 8B development with an annual cost of $1,080.00. Also approve the creation of a new lighting tax district for the 27 lots within Section 8B. Funding is available in Street Lighting budget account #2760416105312310.(Approved by Engineering Services Committee January 28, 2020) Background:Jefferson Energy Cooperative will install 6 street lights on the streets within Section 8B. The upfront cost to install the street light system will be $3,028.68. The yearly cost to operate and maintain the system will be $1,080.00 which will be paid for by the 27 lots associated with Manchester Section 8B in a special taxing district to appear on the 2020 tax bill. The cost per lot will be added to the property tax bill at a rate of $85 annually to cover the cost of system operations and maintenance. Analysis:The cost proposal was received by Augusta, GA on January 2, 2020 in the amount of: Contractor Bid Jefferson Energy Cooperative $3,028.68 upfront $1,080.00 annually Financial Impact:Adequate funds are available and expenditures of this amount will leave sufficient amount for emergencies through the end of the fiscal year. Alternatives:1) Approve installation of street light system in Manchester Section 8B. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the 276-04-1610-5312310 Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Street Light Request for Southampton Section 7 Department:Engineering Dept. Department:Engineering Dept. Caption:Motion to approve the installation of 32 street lights in the Southampton Section 7 development with an annual cost of $5,760.00. Also approve the creation of a new lighting tax district for the 68 lots within Section 7. Funding is available in Street Lighting budget account #2760416105312310. Requested by AED (Approved by Engineering Services Committee January 28, 2020) Background:Jefferson Energy Cooperative will install 32 street lights on the streets within Section 7. The upfront cost to install the street light system will be $16,152.96. The yearly cost to operate and maintain the system will be $5,760.00 which will be paid for by the 68 lots associated with Southampton Section 7 in a special fee district to appear on the 2020 tax bill. The cost per lot will be added to the property tax bill at a rate of $85 annually to cover the cost of system operations and maintenance. Analysis:The cost proposal was received by Augusta, GA on January 2, 2020 in the amount of: Contractor Bid Jefferson Energy Cooperative $16,152.96 upfront $5,760.00 annually Financial Impact:Adequate funds are available and expenditures of this amount will leave sufficient amount for emergencies through the end of the fiscal year. Alternatives:1) Do not approve. Recommendation:Approve the installation of 32 street lights in the Southampton Section 7 development with an annual cost of $5,760.00. Also approve the creation of a new lighting tax district for the 68 lots within Section 7.Cover Memo Funds are Available in the Following Accounts: 276-04-1610-5312310 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM USGS Agreement for Groundwater Monitoring Department:Utilities Department:Utilities Caption:Motion to authorize the execution of a Joint Funding Agreement with the U. S. Department of the Interior U. S. Geological Survey (USGS) for the operation, modeling and analyzing of monitoring wells to investigate water levels and water quality for Augusta's groundwater production facilities. (Approved by Engineering Services Committee January 28, 2020) Background:Monitoring groundwater levels and quality is important for protection and effective management of our water resources. The Augusta water supply at our three groundwater production facilities draws water from the Dublin-Midville aquifer system. The continuation of the monitoring program that is being proposed will provide valuable information to protect this important water source for Augusta. The attached proposed agreement for year 2020 sets the cost at $95,151.00. Analysis:The proposed program is to continue monitoring the current groundwater levels, flow directions and water quality in the Dublin-Midville aquifer system up-gradient of our three established well fields. The data gathered from the monitoring process will provide information to support water management and water quality protection for our production facilities. This program also includes a groundwater modeling component. This program is an important part of our efforts to insure the future availability of groundwater as a valuable component of our water production capabilities. As such, we believe that the continuation of our ongoing partnership with the USGS into the foreseeable future is highly desirable. Since this needs to be an ongoing commitment we believe that this agreement should be approved and authorized for annual renewal for an additional three years unless the cost increases above $100,000 in any year.Cover Memo Financial Impact:$95,151.00 is within the budgeted amount included in our approved 2020 budget for this expense. Alternatives:No feasible alternatives. Recommendation:We recommend the Commission authorize the execution of the proposed agreement with the USGS for the year 2020 in the amount of $95,151.00. We further recommend authorization to renew this agreement annually for an additional three years as long as the annual cost does not exceed $100,000. Funds are Available in the Following Accounts: 506043540/5213119 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting held January 21, 2019 and the Special Called meeting January 28, 2020. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chamber - ll2ll202D ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy, Frantofl, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Pastor Mike Hearon, Lead Pastor First Presbyterian Church of Augusta. PLEDGE OF ALLEGIANCE TO T}IE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) December 2019 Employee of the Month recipient A. Congratulations! Mr. Charlie King, Information Technology Department ltem December 2019 Employee of the Month. Action: None lB 2020-21-01-December 2019 f,OM Charlie Kins Accolade.pdf lB itemApprovalsheet.html Motions Motion;----- Motion Textr ype Made Seconded Motion By By Result Presentation is made to Mr. Charlie King as the December 20lgEmployee of the Month. Five (5) minute time limit ner delegation DELEGATIONS B. Messrs. Jim Stiff, George Snelling and Toney Cross regarding their opposition to Item zoning request (Z-20-01) 3133 Washington Road, Augusta, GA 30907. Action: None lB sKM C6582001151942l.pdf B ItemApprovalsheet.html Motions Motion Made Seconded Motioniil- Motion Text By By Resurt Presentations were made regarding their opposition to Item #3 in conjunction with the discussion on that item. CONSENT AGENDA (Items I-29) PLAI\NING 1. FINAL PLAT - WRIGHTS POINT - 5-903 - A request for concuffence Item with the Augusta Georgia Planning Commission to approve a petition by Action: Johnson Laschober & Associates, on behalf of Edith Peebles, requesting final Disapproved plat approval for Wrights Point. This single family residential development is located 1477 Wrightsboro Road and contains 13 lots. DISTRICT 1 [B wriehts ooint.pdf lB ItemAporovalsheet.html Motions ryJ:"" Motion rext Made By seconded By f*il Motion to approve Approve Mr. D \i;uil;';;. S::X:X S:Hl:::*' passes Motion passes 9-0. sean t'rantom uen Hasan Motions X:'1" Motion Text Made By Seconded By fffil'rype Motion to reconsider the previous action on this Approve it... Mr D. williams :::T:":.T ::Hl::'-*" PassesJean rrantom l,en Hasanabstains. Motion Passes 9-0 -1. Motions Y:j*'"' Motion Text Made By Seconded By fffil'l'ype - nMotion to deny this commisioner commissioner nDenv i[#i", passes l0-0. $;; F;;,"* ruru.y ouuir Passes 2. Z-lg-50 - A request for concuffence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Augusta Action: Cyberworks 2, LLC requesting a requesting a change of zoning from Zone LI Approved (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 l. This development shall substantially comply with the concept plan.2. Final plans must be approved by the Riverfront Development Review Board prior to construction. tB z-19-50.odf B ltemApprovalSheet.html Motions Motion Motion Textrype B u29:9.!.EI E ItemAoprovalSheet.html Motions Motion-^"""- Motion Textr ype Motion to denyDeny the rezoning request. Made By Seconded By Motion Result Motion to approve. Mr. .:-: -.- - . Approve il"YiX,i*:;5,, ;:#Tllf,:[ ;:fil::';'* Passes 3. Z-20-01 - A request for concuffence with the Augusta Georgia Planning Item Commission to approvewith the conditions below a petition by WSM Action: Ventures, LLC, on behalf of Evans Best, LLC, requesting a change of zoning Rescheduled from Zone B-L (Neighborhood Business) to Zone B-2 (General Business) affecting properfy 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. Motions f#:"' Motion rext Made By Commissioner John Clarke Seconded By H'# Commissioner Mary Davis seconded By H'ii," No action is taken on this motion due to the passage of the substitute motion. Made By Defer Substitute motion to refer Commissioner Commissioner Passes this item back to the next William Ben Hasan meeting and ask Fennoy representatives of both parties to meet and discuss the situation and bring back the results of that meeting and that the maffer be voted on at that time. IVIr. D. Williams out. Voting No: Commissioner John Clarke. Motion Passes 8-1. 4. Z-20'02 - A request for concuffence with the Augusta Georgia Planning ltem Commission to approve with the conditions below a petition by Gateway Action: Development Corp., on behalf of The Estate of Robert Allen Denton, requesting a Approved change of zoning from Zone R-MH (Manufactured Home Residential), Zone LI (Light Industry) andZone 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 DISTRTCT 6 l. 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. [B z-20-02,ndf E ItemAporovatsheet.html Motions Motion Mofion Textrype Made By Seconded By f"".lil Motion to approve. Mr. ^ D. Williams and Mr. Commissioner CommissionerApprove clark out. Marion williams Mary Davis Passes Motion Passes 8-0. PUBLIC SERVICES 5. Motion to approve retaining Alcohol License and Business License for Ms. Ollie Item W. Lee, dlbla: The Private'0I",2507 Thomas Lane, as is and the business owners Action: meet with the Sheriffs Department to discuss recommendations to provide for the Approved safety and security of the employees and patrons who come to the business. (Approved by Public Services Committee January 14,2020\ E Private I license revocation request 201912ll.pdf lB ItemAoprovalsheet.html Motions Y:'l"Il Motion Text Made By seconded By Mofion'l'YPe '.'--- -" Result Motion to approve. Mr. Approve D. Williams out. commisioner commissioner Motion passes 9_0. Sean Frantom Ben Hasan Passes 6. Motion to approve Adding Dance: A.N. 19-47: request by Ollie W. Lee to add Item Dance to the Existing business known as Private "I" located at 2507 Thomas Action: Lane. District 5. Super District 9. (Approved by Public Services Committee Approved January 14,2020) B AN.t9-47.pdf lB ItemAoorovalsheet.html Motions Y:t1"' Motion Text Made By seconded By MotionI'ype - ---- -" Result Motion to approve. Mr. Approve D. Williams out. commisioner commissioner Motion passes 9-0. Sean Frantom Ben Hasan Passes ADMINISTRATIVE SERVICES 7. Motion to approve Utilities Department requests the purchase of 4 pickup trucks Item and I small SUV for various divisions at a total cost of $148,252.00 from Allan Action: Vigil Ford. Bid 19-280 and Bid l9-275.(Approved by Administrative Services Approved Committee January 14, 2020) tB Eval - F00145 - titil-Enq.pdf te Eval - F00146 - trtil-Ens.pdf B Eval - 205069 - t til-Nlax Hicks.odf E 19-280 Util-Ens - Tab Sheet.pdf E l9-280 Util-Construction - Tab Sheet.pdf E 19-280 Uril-lltax Hicks - Tab Sheer.pdf B 19-275 tltil-Ens - Escape -Tab Sheet.pdf B Bid Item 19-275 Aqenda lnformation.pdf E Bid l9-280 Aqenda Informrtion.pdf lH ItemApproYalsheet.html Motions Y:j*1'" Motion Text Made By Seconded By Motion Type Result Motion to approve. Mr. Approve il#jl';*:.",T,, ;:#TlH.ffi ;:ffi;::f*' passes 8. Motion to approve the purchase of one 2020 Ford Transport Van for the Augusta Item Regional Airport for $37,091. Bid Item 19-281.(Approved by Administrative Action: Services Committee January L4,2020) Approved IB l9-2El Airport Van Tab Sheet.odf lB Airport Van Aooroval Memo.odf E Airoort Van Aviation Commission Asende.odf lB 19-281 TAB.odf lH l9-2El-Department Recommendation of Award.pdf lH Mail List and Demandstar Planholders.pdf B Georsia Procurement Resistrv Vendor Summarv.ndf Motions Motion Motionli"""- Motion Text Made By Seconded ByType Result Motion to approve. Mr Approve D. williams out. s::y^:x s::31:::"' passes Motion Passes 9-0. sean lrantom tten Hasan 9. Motion to approve purchases on the individual purchase orders that will exceeds Item $25,000.00 per order. The following annual bid item requires Commission Action: approval: Utitities 20-060 Chemicals; Recreation 20-045 Athletic Clothing. Approved (Approved by Administrative Services Committee January 14r2020) E Annual Bid Award Commission Aooroval.ndf B Bid Item 20-060 Chemicals.pdf IB Bid Item 20-045 Athletic Clothins Eouipment.ndf Motions Motion Motion Text Made By Seconded By Motion Type Result Motion to approve' Mr' commisioner commissionerApprove D. Williams out. ;:j'j;:^;; #;;";;'^- Passes Motion passes g-0. Sean Frantom Ben Hasan 10. Motion to approve the Utilities Department - Construction Division requests the Item replacement of one sewer rodder truck from Jet Vac Equipment Company of Action: Sumter, S.C. for $135,085. (Approved by Administrative Services Committee Approved January L4,2020) E Eval - F02l32.odf B 19-287 Tab Sheet Sewer Rodder.xlsx B 19-287 Sewer Rodder Truck Tab Sheet from Procurement.Ddf tB 19-287 Department Recommendation of Award.pdf B 19-287 Planholders List.pdf E 19-287 Advertisement to Paper.pdf B ItemAoorovatsheet.html Motions Yij*i"t Motion Text Made By seconded By Motion Type ''^Jrtvu ,.I rrrsu! .-J Result Motion to approve. Mr. 11-.--.--:-: ^.- ^-. Approve il#l,iH."J;r, ;:#Hffi ;:fffi::';'* Passes 11. Motion to approve the five-year service agreements for the Judicial Center Item ($83,933.40), Webster Detention Center ($186,433.49), Municipal Building Action: ($116,676.22) and Sheriff s Office (537,287.07) provided by Trane, Inc., as the Approved original equipment manufacturer. (Approved by Administrative Services Committee January 14, 2020) B RCS0 tr.{FORMATION.Ddf B JTIDICIAL CENTER INFORMATION.Ddf B WEBSTER DETENTION INFORMATION.Ddf E MTINICIPAL BUILDING INFORMATION.Ddf [3 ltemAonrovalSheet.html Motions MotionType mouon Text Made By Seconded Bv Hlli," Motion to approve. Mr. t'^_--___t-, _ Approve D. Williams out. Commisioner Commissioner Motion passes 9_0. Sean Frantom Ben Hasan Passes 12. Motion to approve Housing and Community Development Department's Item (HCD's) request to contract with Antioch Ministries to reconstruct one (1) Action: affordable, multi-family duplex unit on Twiggs Street. (Approved by the Approved Administrative Services Committee January 14, 20ZO) H HCD Johnson House Contract.pdf E HCD Johnson House Plan.odf lB ItemAonrovalsheet.html Motions Motion Motion TextI ype Made By MotionSeconded Bv :-----*-- -" Result Motion to approve. Mr. r1^*^^:^:^_-^_- Approve D. Williams out. commisioner commissioner Motion passes 9-0. Sean Frantom Ben Hasan Passes 13. Motion to approve setting the qualifying fees for Local Elective Offices up for Item Election in 2}2}(Approved by Administrative Services Committee January Action: 14,2020\ . Approved E sxu cestzoorretl:to.par lB ItemApnrovalsheet.html Motions Motion Motion Textr ype Motion to approve. Mr. Approve D. Williams out. commisioner commissioner Motion passes g-0. sean Frantom Ben Hasan PUBLIC SAFETY 14. Motion to approve and accept 2020 Supplemental Grant funds Criminal Justice Coordinating Council for Richmond County DUI and Courts. (Approved by Public Safety Committee January 14,2020) Made By Seconded By Motion Result Passes from the Item Veterans Action: Approved B CJccsupplementalcrant202o.pdf E ItemAnnrovalSheet.html Motions Motion . r, r n c-----f,^rD-- Motion -^"""" Motion Text Made By Seconded By Type rurrlrrrrr r r^r rvrcs! uJ vllvusre vJ ReSUlt Motion to approve. Mr. A ,--.--,-t --- -. Approve D. Williams out. commisioner commissioner Motion passes 9-0. sean Frantom Ben Hasan Passes 15. Motion to approve the Emergency Management Ordinance and authorize the ltem Mayor to sign the ordinance. (Approved by Public Safefy Committee January Action: 14,2020) APProved B Emersency Management Ordinance.pdf lH ItemApprovalsheet.html Motions Y:li" Motion Text Made By seconded By Motion Type rrrvrtuu r va! Result Motion to approve and to ^ waive the second reading. Commisioner CommissionerApprove *. ,. willliams out. Sean Frantom Ben Hasan Passes Motion Passes 9-0. 16. Motion to approve of MOU with Augusta University for the Applied Learning Item Experience. (Approved by Public Safefy Committee January 14,2020) Action: Approved E sxM zzlergrzttogtgo.pat E ltemAoorovalSheet.html Motions Motion Motion i;;- Motion Text Made By Seconded By Result Motion to approve. Mr. 11^_^_-:_:^_^- Approve il"Yjl,;H"",5,, ;:#Tl'.ffi ;:fffi::';"" Passes 17. Motion to approve Dedication Plaque for New Fire Station #2. (Approved by Item Public Safety Committee January 14,2020) Action: Approved E Art Proof - 5270937 - TRIAD SPECIALTIES - 82406 FIRE ST (003).pdf e ItemApprovalsheet.html Motions X:j1"' Morion Text Made By Seconded By MotionrYPe -'---- -" Result Motion to approve. Mr. 11^_ _ -,-t __- -..Approve D. WilliamJ out. commisioner commissioner Motion passes 9-0. Sean Frantom Ben Hasan Passes ENGINEERING SERVICES 18. Motion to approve the purchase of Caterpillar model D-8T WIVW GPS Dozer, Item bid item #19-226, from Yancey Brothers as the compliant bidder with no Action: exceptions. (Approved by Engineering Services Committee January 14, Approved 2020') E 2019.08.16 Bid Item 19-226 Waste Handler Dozer - Award Memo.pdf B 19-226 Advertisement to Paper.odf E 19-226 TAB.pdf [H Mail List.odf [3 Georsia Procuremenl Registrv Vendor Summary.odf B ItemAnorovalsheet.html Motions X:t1'" Motion Texr Made By seconded By Motion'l'YPe ''-'-- -" Result Motion to approve. Mr. 11^^^:^:^^^-Approve D. Williams out. commisioner commissioner Motion passes 9_0. Sean Frantom Ben Hasan Passes 19. Motion to approve second quarter work session on the storm water program. Item (Approved by Engineering Services Committee January 14,2020) Action: Approved lB ItemAoorovatsheet.html Motions Y:t]"' Motion Text Made By Seconded By Motion'I'ype '''--- -J *------- -" Result Motion to approve. Approve Mr. D. Williams out. commissioner commissioner Motion passes 9_0. Brandon Garrett Ben Hasan Passes 20. Motion to approve Supplemental Agreement One and PE phase design phase Item (Task Order #2) to Hussey Gay Bell and DeYoung in the amount of $419,581.00 Action: for the Enhance Operations at Wheeler Road and Robert C Daniel Project as well Approved 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) B Coov of CPB SAI Wheeler Rd @ RCD 12.20.2019.x1sx IB GDOT Asreement PI-12866 12.20.2019.pdf Et SAI Hussev Gav Bell DeYounq.docx {E ltemApnrovalsheet.html Motions fr"J:"' Motion rext Motions f#:"" Motion rext MotionSeconded By ResultMade By Motion to approve. Mr. ^^^^:^:^_^-Approve D. Williams out. commisioner commissioner Motion passes 9_0. Sean Frantom Ben Hasan Passes 21. Motion to approve Supplemental Agreement One and PE design phase (Task Item Order #2) to Hussey Gay Bell and DeYoung in the amount of $408,715 for the Action: Barton Chapel Road @ Gordon Hwy Project as well as authorize the Mayor to Approved execute the revised GDOT Project Framework Agreement as requested by the AED. RFQ 17-127 (Approved by Engineering Services Committee January 14,2020') [3 Asenda ltem PI0012868 GordonHwvBartonChanel l2-27.l9.docx B GDOT Documentation PI0012868 GordonHwvBartonChapel 12.20.2019.pdf [3 CPB 12-20-2019 PI t286E.xlsx B CPB 12-20-2019 PI 12868 Correct version.xlsx B ltemApprovalsheet.html Made By Seconded By Motion Result Motion to approve. Mr. Approve D. Williams out. commisioner commissioner Motion passes 9_0. Sean Frantom Ben Hasan Passes 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 Item Committee January 14,2020) Action: Approved lB Havnes Station Ph X Dedication Documents.pdf IB ItemApproyalsheet.html Motions [].t1" Motion Text Made By Seconded By Motionf'ype - ----- -'t -------'-r Result Motion to approve. Mr. A -.__,_ , -,Approve D. Williams out. commisioner commissioner Motion passes 9-0. Sean Frantom Ben Hasan Passes 23. Motion to approve award of the On-Call ITS Construction & Emergency Repai. ,r.- contract to Southeast Utilities of Georgia, Inc. Award is contingent upon receipt Action: of signed contracts and required documents for the AED. RFP #20-100. Approved (Approved by Engineering Services Committee January 14,2020) lB Request for Prooosal sent to newsnaoer.ndf lB 20-100 Ofliciat Tab Sheet.pdf B 20-100 EYal Cumulatiye.pdf E Recommendation Letter from the Department.pdf B Process Reeardine RFPs.pdf E Mail Labels.pdf B ltemApprovalsheet.htmt Motions Y:jt1" Motion Text Made By seconded By Motion Type ''"-- -r Result Motion to approve. Mr. ^ -.-_,._! _: , , ,. Approve D. Williams out. commisioner commissioner Motion passes 9-0. Sean Frantom Ben Hasan Passes 24. Motion to authorize condemnation to acquire title of a portion of property for Item pennanent easement (Parcel 154-0-213-00-0) 2430 Tobacco Road, Lot E. Action: (Approved by Engineering Services Committee January 14,2020\ Approved 6 Aqenda Item- 2430 Tobacco Road. Lot E.ndf B ItemApprovalsheet.html 25. Motion to auth orlr:e condemnation to acquire title of a portion of property for Item permanent easement and temporary construction easement (Parcel 153-0-414- Action: 00-0) 3724 Tahitian Trail. (Approved by Engineering Services Committee Approved January 14,2020) Motions f#:" Motion rext Motion to approve. Mr. Aoorove D. Williamt frt. uommlsloner r r \ean rrantomMotion Passes 9-0. L MotionSeconded 81' Result Commissioneril;;;;;.-^ Passes MotionSeconded By Result Commissionerilil; -^ Passes seconded By H,|il Commissioner Ben Hasan Passes Made By Made By Made By lB Agenda Item- 3724 Tahitian Trial.ndf IH ItemAoorovalSheet.html Motions Motion-^"""" Motion Text't'ype Motion to approve. Mr. Approve D. Williamt frt. uommrsroner tvtotion ia..Jo. Sean Frantom 26. Motion to approve the renaming of River Shoals Parkway to Topgolf Way. Item (Approved by Engineering Services Committee January 14,2020) Action: Approved [a 2020-001 Supportine Documents end Road Renamins River Shoals Parkwav to Topsolf Wav - Iinal reduced.Ddf lB ltemApprovalSheet.html Motions ryJ:" Motion rext Motion to aoorove. Mr. Approve D. willi'a;s';;;. - ^ " commisioner tvtotion ias.r q-0. Sean Frantom 27. Motion to approve Supplemental Agreement One and PE Design Phase (Task Item Order 2) to Hussey Gay Bell and DeYoung (HGB) in the amount of $836,591 for Action: the Wheeler Road Multimodal Corridor Project as well as authorize the Mayor to Approved execute the revised GDOT Project Framework Agreement as requested by the AED. RFQ 17-127 (Approved by Engineering Services Committee January 14,2019) E SAI Hussev Gay Bell Deyouns 12.23..2019.docx {E GDOT attachment pI0012867 Wheelercorridor 12.20.20l9.pdf E CPB SAI Wheeler Rd @ I-20 12.20.2019.xtsx B ItemAnnrovalsheet.html Motions Motion r--r:^_ T-__^ rr t h Motion;----- Motion Text Made By Seconded BylYPe ^.---- -J Result Motion to approve. Mr. 11^_ ,--t_.. -,_ _Approve D. Williams out. Commisioner Commissioner Motion passes 9-0. Sean Frantom Ben Hasan Passes PETITIONS AND COMMUNICATIONS 28. Motion to approve the minutes of the regular meeting and the Special Called Item meetings of the Augusta Commission held January 8, and January 14,2020. Action: Approved B CaUed Commission Meetins Januarv 8 2020,ndf E Resular Commission ltleetins January 8 2020.odf E Called Commission Meetins Januarv 14 2020.pdf B ltemApprovalSheet.html Motions X:j]"' Motion Text Made By Seconded By Motion I YPe -'---- -r Result Motion to approve. Mr. r\^**:^:^_^- Approve D. Williams out. commistoner commissioner Motion passes 9_0. Sean Frantom Ben Hasan Passes APPOINTMENT(S) 29. Motion to approve the appointment of Ms. Ronic West to the Augusta Aviation Item Commission and Mr. Christopher Mulliens to ARC Library Board of Trustees Action: representing District 2.Approved [3 sKM c6s82ooltsl4tso.pdf [3 SKM C65820011711070.pdf [3 ItemAnprovalSheet.html Motions Motion Motion Text Made By Seconded By Motion Type Result Motion to approve. Mr. ^-.--.--:-:-.-^-.Approve il"YjX'ffi:;5,, ;:#TllT,ffi ;:ffi'#iffi;, Passes * * * *END CONSENT AGENDArcrrr(* AUGUSTA COMMISSION u2U2020 AUGUSTA COMMISSION REGULAR AGENDA U2U2020 (Items 30-40) PUBLIC SERVICES 30. Motion to approve Planning & Development Department recommendations to Item amend Augusta, Georgia Code, SIDEWALK ENCROACHMENTS, Section 3-8- Action: 11 so as provide regulations for right-of-way encroachments / sidewalk cafe, Approved 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 14r2020) B RIGHT oF wAY ENCRoACHMENT SIDEWALK CAFE PERMIT INDEMNITY STATEMENT 2O2OOIO2.docx lB Sidewalk RIGHT-OF-WAY Encroachment Permit Aoolication 20190522.docx B Entertainment Zone Commission Nov 16 20l8.odf B Risht of Wav Encroachment Sidewalk Cafe Ordinance Amendment.ndf Et ItemAonrovalsheet.html Motions f#:"' Motion rext Made By seconded By HXil a -^_^--^__ Motion to Commissioner Ben Commissioner BobbyAODTOVCapprove. Hasan Williams Motions Motion Morion Text Made By Seconded By fffilI ype Approve Motion to approve the Commisioner Commissioner Passes establishment of a one-time Sean Frantom Mary Davis $25.00 administrative fee and no annual fee moving forward. Voting No: Commissioner John Clarke, Commissioner Ben Hasan, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Passes 6-4. 31. Motion to approve Planning & Development Department recommendation to Item amend Augusta, Georgia Code, Noise, Section 3-6-2 (b and d), so as to amend Action: the hours for events in the EntertainmentZone, to Waive the Second Reading, Approved and to provide an effective date. (No recommendation from Public Services Commiff ee January 14, 2020) E Entertainment Zone Noise Ordinance 20l9l20C.docx B ItemApnrovalsheet.html Motions X:j*1"' Motion Text Made By Seconded By MotionType Result Motion to approve. Voting No: Approve commissioner commisioner commissioner Marion Williams. Sean Frantom William Fennoy Passes Motion Passes 9-1. 32. Motion to approve Planning & Development Department recommendation Item amending Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Action: Section 2 -l-3(c), so as to establish the regulatory fee for Right-of-Way Approved Encroachment / Sidewalk Caf6 Permit, to Waive theSecond Reading, and to provide afi effective date. (No recommendation from Public Services Committee January 14, 2020) [3 Resulatorv Fee Amendment Right of Wav Encroachment Sidewalk Cafe 20191226.docx [3 ItemAonrovalSheet.html Motions Motion Motion Text Type Motion to delete this item from the agenda. ^ , . VotingNo:Lrelete uommlssloner John Clarke. Motion Passes 9-1. ADMINISTRATIVE SERVICES Made By 33. Discuss the hiring process for the position recommendation from Administrative Services 2020) Seconded By Motion Result Commisioner Sean Frantom Commissioner william Fennoy Passes of Administrator. (No Committee January 14, Item Action: Approved E Attachment,odf B ItemApprovalsheet.html Motions Motion Motion TextI'ype Motion to approve selecting/appointing the Administrator by a ^ maioriw vote of theADDTOVe ^ " :'- Commission following a Commission approved recruiting/appointment process. Motions Motion-"'-"- Motion TextIype Substitute motion to approve receiving this item as information. Mr. Sias abstains. . Votine No:ADDrove e. Commrssroner Brandon Garreff, Commissioner Bobby Williams. Motion Passes 7-2 -1. Made By seconded By fffii Commissioner Ben Hasan CommissionerBobby Withdraws Williams Made By Seconded By Commissioner Marion Williams Motion Result Commissioner William Fennoy 34. Passes Approve advertising for Administrator and Recreation (Requested by Commissioner Marion Williams) E ltemApproYatsheet.html Motions Motion Mofion Textrype Motion to approve a national search for an Administrator and Recreation Director. Voting No: Commissioner John Clarke, Commissioner Approve Ben Hasan, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Passes 6-5. Motion ties 5-5. The Mayor votes Yes. Motions Motion Motion Textrype Substitute motion to advertise internally in a search for an Administrator and Recreation Director. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commissioner Approve WilliamFennoy, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Marion Williams. Motion Fails 4-6. Made By Seconded By Director position. Item Action: Approved Motion Result Commissioner Marion Williams CommissionerBrandon Passes Garrett Made By Seconded By Motion Result Commissioner Bobby Williams Commissioner Ben Hasan Fails 35. Discuss the current expired lease agreement with the CSRA Humane Society, Item Inc. of the old City Stockade, 425 Wood. St. (Requested by Commissioner Ben Action: Hasan) APProved E 2010-01-01 Current CSRA HITMANE SOCIETY INC lrase.pdf B ItemAonrovalsheet.html Motions s]11" Motion Text Made By seconded By f."rtii.n'l'vne JI Motion to approve Approve receiving thii item as ;."#Tff,ffi ;:fffi::f'*information. It was the consensus of the Commission that this item be received as information. PUBLIC SAFETY 36. Motion to approve contract with Medical Associates Plus to provide Medical Item Assisted Treatment to the Richmond County State Court Accountability Court Action: Programs. (No recommendation from Public Safety Commiffee January 14, Approved 2020) B SAMHSAMATContract20l g.pdf B ItemAnnrovalsheet.html Motions Y:j*1" Motion Text Made By Seconded By Motion Type Result Motion to approve. Mr. A - __ __, , Approve D. Williams out. commisioner commissioner Motion passes 9-0. Sean Frantom Ben Hasan Passes ENGINEERING SERVICES 37. Augusta Regional Airport Standard Aero Facility Entrance Turn Lane Update. Item Also, Approve Turn Lane as Designed and Authorize Its Construction utilizing Action: Augusta Engineering Department On-Call Services at Cost not to exceed Approved $150,000. Requested by AED. (No recommendation by Engineering Services Committee January 14,2020\ . B Standard Aero Entrance.pdf E ltemAnprovalsheet.html Motions f#:"' |';.;" Made BY seconded Hrlil T-r^-., Motion to Commissioner Marion Dies for lack ofL'vttJ deny. Williams Second Motions H:'1" Motion Text Made By Seconded By MotionIype -.----- -'r ^--------- -r Result Motion to approve. Voting No: Commissioner Approve Brandon Garrett, commissioner commissioner Sammie Sias John clarke Passes LOmmlssloner Marion Williams. Motion Passes 8-2. 38. Motion to approve naming the entrance road to the Augusta Municipal Golf ltem Course off Damascus Road in honor of Mr. Jim Dent. (Requested by Action: Commissioner Bill Fennoy) Approved IE 2020-21-01 Entrance Road into Aus. Municipal Golf Course.pdf [B ItemApnrovalsheet.html Motions X:j*1" Motion Text Made By seconded By MotionI'ype -'---- -'t -------- -J Result Motion to approve. Mr. .a^^^^:^:^-^- Approve D. Williams out. commisioner commissioner Motion passes 9_0. Sean Frantom Ben Hasan Passes 39. Motion to approve the renaming the 1200 Block of Druid Park Avenue to Item "David Peterson Way" (Requested by Commissioner Bill Fennoy) Action: Approved lB sKM c6s82oo1tst942o.pdf @ ItemApnrovalsheet.html Motions Motion Motion;-"'- Motion Text Made By Seconded ByType -''--- -r ^-------- -J Result Approve Motion to approve. Mr. Commisioner Commissioner Passes D. Williams out. Sean Frantom Ben Hasan Motion Passes 9-0. APPOINTMENT(S) 40. Motion to approve the reappointment of Ms. Juanita Burney to the Augusta- Item Richmond County Board of Assessors representing Super District 10. Action: (Requested by commissioner Ben Hasan) Approved E Board of Tax Assessors l9.odf e sK\.t c6s82ool l6IEzgo.pdf E ltemAnorovalsheet.html Motions Motion Motion Textr ype A __-^-.^ Motion to approve.APProve Motion Passes 1o-0. LEGAL MEETING Made By Commissioner Ben Hasan Seconded By Commisioner Sean Frantom Motion Result Passes 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. Item Action: None www.auqustasa.sov CALLED MEETING COMMISSION CHAMBER January 28,2020 Augusta Richmond County Commission convened at I l:00 a.m., Tues day, Janrary 2g,2020, the Honorable Sean Frantom, Mayor pro Tem, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, M. Williams, Davis, D. Williams, Hasan and clarke, members of Augusta Richmond county commission. ABSENT: Hon. Hardie Davis, Jr., Mayor. Mr. Frantom: we'll call this meeting to order. Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. ReaI estate C. Personnel Mr. Brown: We request a motion to go into executive session to discuss litigation, real estate and economic, personnel and security. Mr. Garrett: So move. Mr. B. Williams: Second. Mr. Frantom: Got a motion and second. please vote. Mr. Clarke out. Motion carries 9-0. IEXECUTTVE SESSTON] Mr. Frantom: Attorney Brown. 2- Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mayor Pro Tem and Commission, we request a motion to execute the closed meeting affidavit. Mr. Sias: So move. Mr. Fennoy: Second. Mr. Frantom: We've got a motion and second. please vote. Mr. Garrett and Mr. M. Williams out. Motion carries 8-0. Mr. Frantom: Attorney Brown for a motion. Mr. Brown: Mayor Pro Tem, we request a motion to adopt a resolution authorizing the settlement of a complaint for damages and demand for jury trial filed in the case of Katherine Toomey linauaitte) vs. the Greater Arts Council, Glenn Parker and the City of Augusta. Mr. Sias: So move. Ms. Davis: Second. Mr. Frantom: Got a motion and a second. Please vote. Mr. Brown: That amount of the settlement is $6,000. Mr. Frantom: Okay. Mr. Garrett and Mr. M. Williams out. Motion carries 8-0. Mr. Frantom: Attorney Brown for a motion. Mr. Brown: We request a motion to adopt a resolution authorizing the settlement of all claims of Eric Joseph Love vs. the Sheriff and the City of Augusta in the amount of $34,751.00. Mr. Sias: So move. Mr. Fennoy: Second. Mr. Frantom: Got a motion and a second. Please vote. Mr. Clarke votes No. Mr. Garrett and Mr. M. Williams out. Motion carries 7-1. Mr. Frantom: Attorney Brown for a motion. Mr. Brown: Motion to authorize the purchase of property located at 1848 Wylds Road, 1858 Wylds Road. Mr. Sias: So move. Mr. Brown: And 1943 North Leg Road in the amount of $3771500.00 pursuant to theattached contract which was executed on November sr20lg. Mr. Sias: So move. Mr. Hasan: Second. Mr. Frantom: Got a motion and a second. Voting. Mr. Garrett and Mr. M. Williams out. Motion carries 8-0. Mr. Brown: For the record, Mayor Pro Tem, those funds will be paid from UtilitiesDepartment and the Mayor and the Clerk are hereby authorized to execute the neiessary documents for the closing pursuant to the oversight of the Law Department. Mr. Frantom: Okay. Attorney Brown for a motion. Mr. Brown: Final motion today, Mayor Pro Tem, is a motion to appoinuemployAnita M. Rookard as HR Director for the City of Augusta with a start date oi nebruary 2i, 2020 at a salary of $1151000 along with the customary benefits. Mr. Frantom: Okay, well, before we vote, Commissioner Sias. Mr. Sias: So move. Mr. Frantom: Okay, we've got a motion. Can I get a second? Ms. Davis: Second. Mr. Frantom: Got a motion and a second. please vote. Mr. Garrett and Mr. M. Williams out. Motion carries 8-0. Mr. Frantom: All right. That concludes. Committees. 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 28,2020. Clerk of Commission Commission Meeting Agenda 2/4/2020 2:00 PM 2020 Legislative Delegation Appointments Department: Department: Caption:Motion to ratify the ARC Legislative Delegation appointments of Ms. Cher Best to fill the unexpired terms of Ms. Gwen Roundtree (Decease) to the ARC Library Board of Trustees; and Mr. Nathan W. Vick to the Augusta Historic Preservation Commission due to the resignation of Mr. Clyde Lester. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo TALENT BANK INFORMATION QUESTIONNAIRE Augusta-Richmond County Delegation To be completed by persons desiring to volunteer their services on the __________________________________________________Authority, Board or Commission for Augusta-Richmond County. NOTE: Any information entered on this questionnaire would become public information upon your appointment. ************************************************************************ Date___________________ · Name_____________________________________________________________ Home Phone________________ Bus Phone______________________________ · Address ______________________County ________State____ Zip __________ · Date of Birth_____________________ Sex: Male__________ Female ________ · Registered Voter: Yes_______ No________ · Education: High School _________________________________________________ College _____________________________________________________ · List Boards you presently serve on: l._________________________________________________ 2_________________________________________________ 3_________________________________________________ Qualifications for Position (i.e. resume): ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ Reason you desire to serve (attach any additiononal information you would like the delegation to consider): ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ www.cbarchitectspc.com PROFESSIONAL QUALIFICATIONS NATHAN VICK, AIA, NCARB PRINCIPAL ARCHITECT SUMMARY OF EXPERIENCE Nathan Vick has over 10 years of architectural experience. Mr. Vick’s experience includes schematic and conceptual design, feasibility research, programming, construction documents, and construction administration project management for new facilities and the renovation and restoration of existing facilities. His experience covers government, institutional, industrial, commercial, and multi-family residential projects. He oversees projects through all aspects of design and is very knowledgeable in historic restoration and tax credit requirements. EDUCATION B.A., Architecture, Southern Polytechnic State University, 2009 REGISTRATION Registered Architect: South Carolina AR. 8750 North Carolina No. 14285 PROFESSIONAL AFFILIATIONS American Institute of Architects National Council of Architectural Registration Boards (NCARB) Historic Augusta Design Subcommittee PROJECT EXPERIENCE · Sibley Mill – EDTS Building 4, Historic Renovation, Augusta, Georgia** · Sibley Mill – Cyber Work Academy Building 6, Historic Renovation, Augusta, Georgia · Henry Kennedy Building,1022 Broad Street – Mixed use (Residential & Retail), Historic Renovation, Augusta, Georgia * · Watkinson & Company Grocers Building, 215 12th Street – Mixed use (Residential & Retail), Historic Renovation, Augusta, Georgia * · 941 Lofts, 941 Ellis Street – Residential Historic Renovation, Augusta, Georgia** In the Works: · King Mill, 1701 Goodrich Street – Residential Historic Renovation, Augusta, Georgia * Excellence in Rehabilitation Award, From the Georgia Trust for Historic Preservation ** Historic Augusta Preservation Award Commission Meeting Agenda 2/4/2020 2:00 PM District 2 appointments Department: Department: Caption:Motion to approve the reappointment of Mr. Paul Thompson to the Augusta Tree Commission 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 2/4/2020 2:00 PM District 5 appointment Department: Department: Caption:Motion to approve the appointment of Ms. Valerie Kelly to the Augusta Historic Preservation Commission representing District 5. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo TALENT SANK INFORMATI ON QTIESTIONNAIRE To be cornpleted by persons desiring to volunteer their serviees on the Commissi on fur Augusta-Rjchmond Counfy. Authority, Board or NoT[: A-ny infarmation entered on this questionnaire would become public information uponyour appointrneni. pate l. 1 ). 4. 5. 6. 1 I. 10. I t. Home Phone: Address: Business Phone: No Relatives working fbr the City/County: Occupation: Race: White Spunisi, SrrrnameO 12: List Boards you presently sene on: American Indian Other 3o Dare of Birrh , qz l zt( I b* sex: Mare Female Y Registered Voter: Yes Voting District: Marjtal Status: Single Married Y - Separarcd Engaged Divorced L Education:High School College s1 a$y arel in whi ve a particular interest or expertise : Commission Meeting Agenda 2/4/2020 2:00 PM Correction of Errors from Compensation Study Department:Utilities - Tom Wiedmeier, Director Department:Utilities - Tom Wiedmeier, Director Caption:Motion to approve Correction of Inequities Created by Compensation Study. (No recommendation from Administrative Services Committee January 28, 2020) Background:At the time of the Compensation study in 2018, AUD had Accountant I, II, and III positions, some of which were vacant. As a result of the Compensation study all three of these titles were downgraded to Accounting Technicians and set at paygrade 10. This resulted in those positions being highly undergraded in comparison to other similar positions in other departments. Analysis:Utilities was unaware at the time what other department’s similar positions were graded as a result of the Compensation Study. A recent analysis and job evaluation conducted revealed that AUD’s position are at least equal to the skillset, job responsibilities and experience/education requirements of other ones that already exist within the Engineering, Finance and Environmental Services Departments titled Accountant PG-17 and Accountant, Senior PG-19. Additionally, all our positions require a 4-year degree in Accounting or a related field, while positions in some other departments at the higher paygrades do not. We have processed these changes with HR and received acknowledgement that these upgraded positions are appropriate. Financial Impact:The net effect will be an increase in total salaries for the three positions combined of $24,430.43, plus an estimated increase in benefits of $4,470.77, for a total budget increase of approximately $28,901.20. Alternatives:No alternative available without perpetuating this inequity.Cover Memo Recommendation:Currently, AUD has three (3) Accounting Technicians positions at PG 10. We are requesting that PCN’s WSA21PN001 and WSA21PN003 be upgraded to Accountant PG 17 and PCN WSA21PN002 to Accountant, Senior PG 19. This request will allow our assigned personnel to be in line with others with similar skillsets, responsibilities and experience/education requirements throughout the organization. Funds are Available in the Following Accounts: A budget adjustment is required. Sufficient funds are available within Utilities Fund. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Customer service provided by the Environmental Services Department. Department: Department: Caption:Discuss the sub par customer service provided by the Environmental Services Department. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Lighting on Ellis Street Department: Department: Caption:Update from Engineering Department - improved lighting on Ellis Street. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Parking Management Plan Service Area Department: Department: Caption:Augusta, GA Central Business District Parking Management Plan Service Area. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 2/4/2020 2:00 PM Appointment Richmond County Hospital Authority Department: Department: Caption:Motion to approve the appointment of one from the following nominations from the Richmond County Hospital Authority: 1) Sanford Loyd 2) Catherine Knox 3) James Sherman, M.D. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo UNTVERSITY HEAIJTH CARE SYSTEM January 06,2020 Ms. Lena J. Bonner Clerk of Commission Augusta-Richmond County Commission City-County Building Suite 220 535 Telfair Street Augusta, GA 30901 Dear Ms. Bonner: Consistent with the Bylaws, the Richmond County Hospital Authority respectfully submits the followingnominations for a four-year term on the Authority. For the position currently occupied by James Bennett, Jr. who is not eligible for reappointment: l. Sanford Loyd, 711 Woodgate Court, Augusta, GA 309092. Catherine Knox, 807 Milledge Road, Augusta, GA 309043. James Sherman, M.D., 3225 Wheeler Road, Augusta, GA 30901 It is my pleasure to submit these nominations on behalf of the Richmond County Hospital Authority. WS, ,, l.i(-/ /zJames R. Davis President and CEO JRD/acj 1350 Walton Way . Augusta, Georgia 3O9Ot-26t2. 706/722-9otl CALLEDMEETING COMMISSIONCHAMBER November14, 2017 AugustaRichmondCountyCommissionconvenedat11:00a.m., Tuesday, November14, 2017, theHonorableHardieDavis, Jr., Mayor, presiding. PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, HasanandSmith, membersoftheAugustaRichmondCountyCommission. Mr. Mayor: AttorneyMacKenzie. 3. LEGALMEETING A. Pendingandpotentiallitigation B. Realestate C. Personnel Mr. MacKenzie: Iwouldentertainamotiontogointoanexecutivesessiontodiscuss pendingandpotentiallitigation, realestateandpersonnel. Mr. Sias: Somove. Mr. Fennoy: Second. Mr. Mayor: Voting. Ms. DavisandMr. M. Williamsout. Motioncarries8-0. EXECUTIVESESSION\] Mr. Mayor: Allright, we’llcallthismeetingbacktoorder. TheChairrecognizesAttorney MacKenzie. 4. MotiontoauthorizeexecutionbytheMayoroftheaffidavitofcompliancewith Georgia’sOpenMeetingAct. Mr. MacKenzie: Iwouldentertainamotiontoexecutetheclosedmeetingaffidavit. Mr. Fennoy: Somove. Mr. Frantom: Second. Mr. Mayor: Amotionandasecond. Voting. Motioncarries10-0. 1 thMr. Mayor: TheChairrecognizesthecommissionerfromthe8 foramotion. Mr. Guilfoyle: Thankyou, Mr. Mayor. Mr. Mayor, I’dliketomakeamotionto approvetheamendmentofPinetuckyleaseatEnvironmentalServiceslandfillsitetoinclude approximately20acresaspartofthelease. Mr. Sias: Second. Mr. Mayor: Okay, I’vegotamotionandsecond. Voting. Motioncarries10-0. thMr. Mayor: TheChairrecognizesthecommissionerfromthe4 foramotion. Mr. Sias: Thankyou, sir. MotiontoapprovetheappointmentofDr. HameedMalik asDirectorofEngineeringServicesatasalaryof $140,000withamonthlycarallowanceof 500, effectiveNovember18, 2017. Mr. Hasan: Second. Mr. Mayor: Allright, I’vegotamotionandasecond. Voting. Mr. M. Williamsnotvoting. Motioncarries9-0. thMr. Mayor: TheChairrecognizesthecommissionerfromthe7 foramotion. Mr. Frantom: I’dliketomakeamotiontoapprovetheamendmenttotheleasewith VerizonWirelessforthecellphonetowersiteandeasementtheretolocatedat1016Oakdale Rd. for5yearswiththreerenewalperiods. Mr. Sias: Second. Mr. Mayor: Ihaveamotionandapropersecond. Voting. Motioncarries10-0. thMr. Mayor: TheChairrecognizesthecommissionerfromthe6 foramotion. Mr. Hasan: Thankyou, Mr. Mayor. Motiontoapproveathree-yearextensionof employmentagreementofAdministratorJaniceAllenJackson. Mr. Fennoy: Second. Mr. Mayor: I’vegotamotionandapropersecond. Voting. 2 Mr. Frantom, Mr. GuilfoyleandMr. M. WilliamsvoteNo. Motioncarries7-3. stMr. Mayor: TheChairrecognizesthecommissionerfromthe1 foramotion. Mr. Fennoy: Mr. Mayor, IwouldliketomakeamotiontoapprovetheDDA developmentconceptfortheDepotsitefora $93milliondollarmixeduseprojectpursuant tothepreliminarydevelopmentagreementandtoauthorizemovingforwardwithan intergovernmentalagreementwiththeDDAtoprovidefor $14milliondollarsinDDAbonds aspublicfinancingfortheDepotProject. Mr. Sias: Second. Mr. Mayor: Amotionandasecond. Allthoseinfavorvoteyeaandthoseopposedvote no. Motioncarries10-0. Mr. Mayor: Outstanding. Ifanybodyeveraskswhoarethehardestworkingpeoplein Augusta, itisthiscommission. We’vegotanumberofitemsonthespecialcalledmeetingagenda. Iwanttodraweverybody’sattentionthere. 1. Motiontoapprovetheappointmentofonefromthefollowingnominationsforafour- yeartermontheRichmondCountyHospitalAuthority: EugeneF. McManus, Daniel H. Boone, M.D., LeviW. Hill, IV. Mr. Mayor: Inyourpackageyouhavealetteralsoandthatpersonlistedfirstistypically thepersonthatthey’veaskedtobemovedforwardandthat’swhatIwouldaskthisbodyinmy conversationswithChairman/CEOJimDavisaswellandsoyouhavethosenamesinorderof rank. Mr. Guilfoyle: AmotiontoapproveMr. McManus. Mr. Fennoy: Second. thMr. Mayor: Allright, sowe’regoingtorecognizethecommissionerfromthe8 forthe stmotionandcommissionerfromthe1 forthesecond. Okay. Voting. Motioncarries10-0. 2. MotiontoadoptthecorrectedAuthorizingResolutionprovidingforapprovalofan IntergovernmentalRedevelopmentContractbetweenAugustaandtheUrban Redevelopment AgencyofAugusta, insupportoftheFoundryPlaceprojecttobe leasedbytheUrbanRedevelopmentAgencyofAugustatoColumbiaVentures, LLC pursuanttothereferencedLeaseAgreement, subjecttoincorporatingthe 3 modificationtermscontainedintheOctober2, 2017ColumbiaVentures, LLC memorandumtoAugusta. (DeferredapprovalbytheCommissionNovember7, 2017) Mr. Fennoy: Somove. Mr. Sias: Second. Mr. Mayor: Allright, Iknowtherearequestions. Iwanttotrytoanswerthoseinadvance. Ifyourememberlastweekwhenwetookactiononthismatter, therewereissuesraisedbythe thcommissionerfromthe6 aboutthedocuments. Thosedocumentshavebeenupdated. Theyare nowinthepossessionofourClerk. Shehasthosedocumentsastoformandcorrectionandthey arethere. That’swhatyou’revotingon. Youapproveditlastweekandyour (inaudible) waslet’s thgetthedocumentscleanedup. Allright, theChairrecognizesthecommissionerfromthe6. Mr. Hasan: Thankyou, Mr. Mayor. IagreewitheverythingyousaidaroundthisandI fullysupportwhenmycolleaguestakeaction. Ifallinlineandsupportitatthispoint. Myonly concernisthatwedidgetared-lineinouragenda. FormeIwantedtoseetheactuallanguage whereitwasactuallychangedandwedidnotreceivethat. IthinktheClerkmighthavesent yesterdayarequestforthatandIstillhavenotseenit. Mr. Mayor: Okay, sothered-lineyouhaveinyournotebook – Mr. Hasan: Ihavethered-line. Mr. Mayor: Andthatred-lineshowsyouwhatchangesweremade. Mr. Hasan: Yes, butgoahead. Mr. Mayor: Andwhatwehaveinfrontofuswejusthaveacopythatwasprintedout, it hasthered-linesexceptedandacleandocument, isthatwhatyouwouldliketosee? Mr. Hasan: I’dliketoseeacleandocument. Mr. Mayor: Sure, absolutely. Wecandothatforyou. Allright, butwhatI’veheardisa motionandasecond. Wouldyouliketohavethatbeforeorafterwevote? Mr. Hasan: Well, Ithink, Mr. Mayor, it’sjustappropriatethatwebegintotrytosee, becausethisisthesamethingwehadlastweek, that’swhywe’retryingtofinalizeitthisweek becauseofthered-lineissueandthat’ssomethingtheattorneyshouldhavegottentousknowing thatthatwasaconcerntoseethosechangesmade. Thered-linedoesn’tnecessarilymeanthat’s goingtobethefinaldocument. Itmayindicatethatbutitmaynotnecessarilybe. Mr. Mayor: Okay. AttorneyMacKenzie, I’mgoingtoputthisonyou. Mr. MacKenzie: I’mworkingonfindingacleanversiontoprintnow. 4 Mr. Mayor: Allright, verygood. Mr. Sias: Gotoitemfiveandcomeback. Mr. Mayor: Allright, we’llgottoitemfiveandcomebacktoit. 5. MotiontoapprovetheAugustaOnIceAgreement. Mr. Mayor: Inadvanceofusadoptingthis, Ms. Jackson, whatI’dlikeforyoutodois walkusthroughwhattheagreementisandthespecificsofthatsothatthosequestionsthatthe commissionerswouldhavewillbeansweredinmotionifyoudon’tminddoingthat. Ms. Jackson: I’llwalkyouthroughthedocumentsandthenI’llturnitovertoMr. Parker totalkthroughtheagreement. Mr. Mayor: Letmedraweverybody’sattentiontothedocumentofrecord. Youhadthat placedonyourdiasrightinfrontofyou. Youhaveacopyofthatandtherearetwopiecesof thpaper. Thereisanemailfromthecommissionerfromthe7 withaninviteattachedtoitandthen there’stheseconddocument, AugustaOnIcedraftagendaitem, specialcalledmeetingagenda. Thosetwodocumentsyouneedtohaveinfrontofyourightnow. Ms. Jackson: InadditionwealsoemailedoutseveraldocumentsandIdon’tknowifyou havereviewedthose. I’llgoovereverythingthatwasintheemailpackagejustforverification. Asyouindicatethereistheagendaitem. Atthetimewewereinitiallyapproached, theywere underthenameEvansOnIce. Theydidpromiseusthattheywouldhavethatchanged. We providedtheemployeridentificationdocumentfromtheIRSindicatingthattheyarenow registerednowinthenameofAugustaOnIce. Alsoprovidedacertificateofliabilityinsurance indicatingthattheydohavetherequiredinsurancetofunctiononourproperty. Thereisalsoa memofromMr. ParkertomyselfwhichsummariestheeventhighlightingthefactthatNovember 21willbeCityEmployeenightforouremployeesaswellastheirfamilymemberstocomeinas longastheemployeecanshowacityid. That’sgoingtobeNovember21. Alsohighlightingthis isaone-yearagreementwiththeideathatwewillgothroughthisyear, seehowthingsgoandif theywanttocomebackwewillmakeanynecessaryadjustmentsinthefollowingyear. Alsoon thesecondpageofthatisalistofsponsorsthathaveagreedtoparticipatewiththeeventaswell asthebeneficiariesofthefundingraisedfromtheevent. Andlastthereistheleaseagreement. I’llturnitovertoMr. Parkerand/orourLawDepartmenttoreviewthataswell. Ms. ChrisBoerner isherefromtheAugustaOnIceorganizationandshecanrespondtoquestionsaswell. Mr. Mayor: Okay, Mr. Parker, Ms. Boerner. Mr. Parker: Thankyou, Mayor. Forthoseofyouthathaven’tmether, thisisChris Boerner. SheandherhusbandMikehavebeenputtingthistogetherforthelastfiveorsixweeks, Iwouldsay, midtolateOctoberwehavebeenworkingwiththisgrouptocraftoutthisagreement andtheeventthat’sgoingon. You’veallseentheleaseagreement. Iwouldbegladtocoverto anylevelofdetailthatyouwant. I’mnotsurehowspecificyouwantustoget, goingitembyitem onthisorifyouwanttowaitandletushearquestionsfromyoubutIwouldsaythatbasically 5 whatwepresentedtotheCommissionbackinOctoberastheproposalthatwasgoingtogoout there, wehavestucktothat. Thatiscraftedintotheleaseyouseetoday. TheBoernershave workedverywellwithustocreatethisevent. Asmentionedthisisaone-yearlease. Wewillsit downwiththeminlateJanuaryorearlyFebruaryandcraftoutwhatwewouldhopewouldbea long-termagreementwiththisgroup. SoI’llbegladtogothroughanyofthespecificsorjust addressquestions, whicheveryouprefer. thMr. Mayor: TheChairrecognizesthecommissionerfromthe5. Mr. Jefferson: Iseeyourcertificateofliabilityinsurance. It’scustomarythatsome companiesareaskedtobeseparatelyinsured, additionallyinsured. WastheCityofAugusta namedasanadditionallyinsured? Ms. Boerner: Yes, absolutely. Mr. Jefferson: Thankyou. thMr. Mayor: TheChairrecognizesthecommissionfromthe7. Mr. Frantom: Thankyou, Mr. Mayor. Firstoff, thankyou, Glenn, andChrisaswell. If youhaven’tbeenbytheCommons, it’simpressive. Ihopeallmycolleagueswillbeouton ThursdaynightattheVIPcelebrationbutI’vebeenoutthereandthey’veputalotofworkand effortintothis. IknowthisisthestartofitandIhopethere’smanymoreyearstocome. ButI justwanttothankParksandRec, GeorgiaPower’s (inaudible) thathavebeentheretohelpwith thisevent. Imakeamotiontoapprove. Ms. Davis: Second. Mr. Mayor: Amotiontoapproveandapropersecond. Allthoseinfavorwillvoteyea andthoseopposedvoteno. Motioncarries10-0. Mr. Mayor: Sobacktoitemnumber2. Nowwhat’sinyournotebookswhichisthered- line (inaudible) cleancopyinyournotebooksIdonotsupport. Thecleancopythat’sinyour notebooksIdonotsupportbecauseitdoesnotreflectthechangesthatwere requested. I’mnot surewhatthedifferenceisbetweenwhatyoujustreceived, CommissionerHasan, andmaybeitis theoriginalfrom11/7that’sinthenotebooks. Allright, verygood. TheClerk: Icallyourattentiontopagenumberfourandyouwouldprobablyhaveyour red-linecopyandI’llreadthecleanversion. Itwouldbeitemnumberfour, numbertwo. “The Mayoroftheconsolidatedgovernmentisherebyauthorizedanddirectedtoexecuteonbehalfof theconsolidatedgovernmentthecontractandtheClerkofCommissionoftheconsolidated governmentisherebyauthorizedanddirectedtoaffixtheretoandattestthesealoftheconsolidated governmentuponproperexecutionanddeliveryofotherpartiestheretoprovidedthatinnoevent shallanysuchattestationoraffixationofthesealoftheconsolidatedgovernmentberequiredasa 6 prerequisitetoeffectivenessthereofandtheMayorandtheClerkofCommissionofthe consolidatedgovernmentareauthorizedanddirectedtodeliverthecontractson behalfofthe consolidatedgovernment. Totheotherpartiestheretoandtoexecuteanddeliverallsuchother contracts, instruments, documents, affidavits, certificatesincludingwithoutlimitationrule15C212 certificateandacontinuingdisclosurecertificateandtodoandtoperformallsuchthingsasacts aseachshalldeemnecessaryorappropriateinfurtheranceoftheissuanceofthebondsincarrying outofthetransactionauthorizedbythisresolutionorcontemplatedbytheinstrumentsand documentsreferredtointhisresolution.” Onpagefive, numberthree. “Theuseanddistribution ofthepreliminaryofficialstatementandtheofficialstatementwithrespecttothebondsshallbe andherebyauthorized, ratified, confirmedandapprovedandexecutionanddeliveryoftheofficial statementinthefinalformshallbeandistherebyauthorizedandratified, confirmedandapproved. TheMayorisherebyauthorizedtodirecttoratify, confirm, approve, executeanddeliverthe officialstatementonbehalfoftheconsolidatedgovernmentandtheexecutionofanofficial statementbytheMayorshallconstituteconclusiveevidenceoftheMayor’sratification, confirmation, approvalanddeliverythereofonbehalfoftheconsolidatedgovernment.” Number four. “Theresolutionandthecontractasapprovedwhichisherebyincorporatedasresolutionby thisreferenceshallbeinplaceonfileoftheconsolidatedgovernmentandmadeavailablefor publicinspectionbyanyinterestedpartyimmediatelyfollowingthepassageoftheresolution.” thMr. Mayor: TheChairrecognizesthecommissionerfromthe6. Mr. Hasan: Thankyou, Mr. Mayor. Mr. Mayor, there’sonemorehere. CanMs. Bonner readnumberoneonthecleanversion? Theformthere, termsandconditions. Paragraph1, I’m sorry. Onpagefourinthecleandocument. TheClerk: Theforms, theterms, conditions, thatone? “Andexecution, delivery, performanceofthecontractwhichhasbeenfiledwiththeconsolidatedgovernmentarehereby approvedandauthorized. Thecontractshallbesubstantiallytheformsubmittedtothe Commissionwithsuch changes, corrections, deletions, insertions, variations, additionsor omissionsasmaybeapprovedastoformbytheGeneralCounseloftheconsolidatedgovernment andtheexecutionofthecontractbytheMayoroftheconsolidatedgovernmentwhosesignature shallbeinitialedbytheGeneralCounseloftheconsolidatedgovernmentshallbeconclusive evidenceoftheapprovalthereof.” Mr. Hasan: Mr. Mayor, theremaybesomeotherthingsbutIdon’twanttogetintothe weedsarounditbutIwould, numberone, theoneMs. Bonnerjustread, threeandfourbasedon thenatureofthosethingsgiventheabilitytorevisitandmakesomechangesifnecessary, Iwould thinkthosechangeswouldrequiretheattestmentofyoursignatureonthosedocumentsandnot justtheGeneralCounselattesting (inaudible). IthinktheClerk’ssignatureneedstobethereas well. Mr. Mayor: SoI’llhopefullytrytoclarify. Generallywiththevolumeofdocumentsthat comethroughouroffice, wehaveaprocessandthatprocessthatbeginswiththeattorneygoing throughandforlackofanotherwordaffirmingorcertifyingitastoform. AttorneyMacKenzieor hisdesigneetypicallywillinitialthosespacestoalertmethatprocesshashappened. Oncethey cometoouroffice, muchtothechagrinofmanyinthisgovernment, Itaketimetoreadandthey 7 don’tgobackoutthedoorthesameday. Sowhatyouhaveheardiskindoftheevolutionor articulationofthatprocess. Paragraph1and3thatyoumostrecentlymentioned, havinglooked atacleancopynow, CommissionerHasan, IwilltellyouareinorderandIthinkweshouldtake action. Mr. Hasan: I’dliketosayonethingandI’llleaveitaloneforthesakeofnotbelaboring thispoint. WheneveryoureadoneitsaidcontractbytheMayoroftheconsolidatedgovernment whosesignatureshallbeinitialedbytheGeneralCounseloftheconsolidatedgovernment. The GeneralCounseldoesnotinmymindattesttothesignatureoftheMayor. Mr. Mayor: TheClerkdoes. Mr. Hasan: TheClerkdoesthat. Mr. Mayor: That’scorrect. Mr. Hasan: Sothat’smypoint. That’smypoint. Mr. Mayor: And, youknow, howI’vedescribeditiseffectivelywhathappens. Attorney MacKenzie, hejustinitials, I’mgenerallygoingtosignthoselocationsthathehasinitialed, but theClerk, toyourpoint, doesattesttothesignatureoftheMayorsomuchsothatononelate evening, MadamClerkalongwithMs. Morawskiproceededtocometomyofficeandhadaseries ofdocumentsthatthey laidoutinfrontofmeandtheysaid, Mr. Mayor, isthisyoursignature becauseit’schangedthroughthecourseofmysigning. AndIaffirmedtothemthatasIbecame wearywithmyhand, mysignaturebecamefaster. Okay? Mr. Hasan: AndyoueradicatethatbytakingeverythingtotheClerk. That’llsolvethat. Thatwouldn’thaveeverhappened. That’smypoint. Mr. Mayor, ifmycolleaguesaresatisfied withit, I’msatisfiedwithitandIjustwantedtobringthattotheattentionofthebody. Ifthey’re satisfied, Icanlivewithit. Mr. Speaker: Callforthequestion. Mr. Mayor: Okay, thequestionhasbeencalled. TheChairrecognizesthecommissioner thfromthe9. Mr. M. Williams: Iagreewiththecommissioner. TheClerkhasalwayscodifiedthose documentsthatcomethroughandthisisnodifferentsoIwouldthinkthatwouldbeanormal processthatwecanjustdo. Thediscussion (inaudible) beasmuchbecausethat’sjustanother safetymeasureandthat’ssomethingweoughttobegladtoaccept. Puttingmoreworkonthe Clerknowbut (inaudible). Mr. Mayor: Well, Ijustdidapoorjobofexplaining. I’mgoingtotryitonemoretime, Ms. Bonner. Documentsshowupinmyoffice. Theyhaveaninitialonthemandthat’sallitis, aninitialfromtheattorney’soffice. ThatwaswhatIrequested. Arethedocumentscorrect? Many timesdocumentsshowupandthenumbersarewrongorsomethingelse. Thesethingshappen. 8 AfterIsignit, alldocumentsgototheClerk’sofficeforattestationandthatistheprocessandhas beentheprocessandwillcontinuetobetheprocessthattheClerkisthefinalsignatureon documentsinthisgovernment. TheChairwillentertainamotion. Mr. Fennoy: Somove. Mr. Sias: Second. Mr. Mayor: Andasecond. Voting. Motioncarries10-0. Mr. Mayor: Allright. Iknowthere’salotofbusinessstillinfrontofusbutIwantto mentionacoupleofthings. One, ontomorrowat3:00p.m. hereintheCommissionChamberwe’ll havewhatIbelievetobeourthirdbudgetworkshopandfourth, threeorfour, butyoushouldcome preparedfortheduration. We’lldoalotofheavyliftinginthatmeetingontomorrowevening startingagainat3:00. Thereareaseriesofthingsgoingontomorrowthatyourattendanceis expectedat, IthinkoneofthosebeingtheStarbucksgroundbreakingforPhaseII. That’sat1:00 ifIremembercorrectly. Andthenwe’llbehereforthatmeeting. Ialsowanttoleteverybody knowthatwe’recomingtothecloseofthisyear’sUnitedWaycampaign. Ihavebeenaskedto remindandaskeverymemberofthisbodytomakeacontributionof $100totheUnitedWay campaign. IhavebeenaskedtoaskeveryoneofyousoI’mfollowinginstructionsandtheytell methatthegoalof $40,000hasbeenreached. That’swhattheytellmesoIshouldbepreparing toputonawetsuit. Ifthey’vereachedthatgoal, that’sthelargestamountthatthegovernmenthas raised. Youshouldbevery, veryproudofthatbecausethat’sagoodthingsokudostotheteam forthatamountthisyear. YoualsohavebeforeyouaninvitationfromEngineeringandUtilities ththegrandopeningoftheirfacilityisonThursdayIbelieve, November16, 4to6p.m. Iwantto makesureeverybodygovernsthemselvesaccordingly. Don’tevensayit, Commissioner. All right, iftherebenofurtherbusinessbeforeus, AttorneyMacKenzie, MadamClerk? Mr. MacKenzie: That’sallIhave. Mr. Mayor: Allright, committeemeetings. MEETINGADJOURNED\] LenaJ. Bonner ClerkofCommission CERTIFICATION: I, LenaJ. Bonner, ClerkofCommission, herebycertifythattheaboveisatrueandcorrectcopy oftheminutesoftheCalled MeetingoftheAugustaRichmondCountyCommissionheldon November14, 2017. ClerkofCommission 9 Commission Meeting Agenda 2/4/2020 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