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HomeMy WebLinkAbout2020-07-21 Meeting AgendaCommission Meeting Agenda Virtual/Teleconference 7/21/2020 2:00 PM INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A.Astrid Utley regarding lack of services on Deans Bridge Road to include but not limited to 1) Landfill issues and its impact on citizens of South Richmond County 2) lack of internet service from major providers 3) crime and speeding on Deans Bridge Road south of Morgan Road. Attachments B.Dante D. Barley regarding unsafe road condition on Poplar Street.Attachments C.Farida Popal Farmer requesting the revocation of the Broad Street nightclub "The Scene" business license.Attachments D.Ray Montana regarding the removal of the Confederate Monument on Broad Street.Attachments CONSENT AGENDA (Items 1-11) PLANNING 1.Attachments FINAL PLAT – HAYNES STATION SECTION 11 – S-911 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group, on behalf of COEL Development Co., requesting final plat approval for Haynes Station Section 11. This residential subdivision contains 91 lots. DISTRICT 3 2. Z-20-13 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Bluewater Engineering Services, on behalf of Andrea Connell Gibbs, requesting a change of zoning from Zone B-2 (General Business) to Zone PUD (Planned Unit Development) affecting property containing approximately 1 acre and known as 955 and 947 Greene Street and 302 Tenth Street. Tax Map 036-4-334-00-0, 046-2-001-00-0 & 037-3-173- 00-0 CONTINUED from June 1, 2020 hearing. DISTRICT 1 1. Permitted uses of the site be limited to 79 multi-family apartments, 1,519 square feet of professional offices, restaurants and/or retail development and 3,600 square feet of amenity area. 2. The total height of any structure shall not exceed 4 stories or 75 feet, to include any attached or detached structures. 3. The total commercial space of the building shall not exceed 13,000 gross square feet in area. 4. No front setbacks are required on Tenth and Ellis Streets, a minimum 10-foot on Greene Street and a minimum side setback of 0 or 3 feet or more. 5. A minimum of 10% of the site shall be dedicated to open space. Such open spaces may also include park, recreational or plaza primarily used for public use within 1,300 of the development boundary. 6. The maximum lot coverage for each lot shall be 80%, which does include parking and similar surface improvements. The developers intend to develop the entire site. 7. A fence or screen wall in the required front yard shall not exceed six (6) feet in height. 8. The 55 proposed onsite parking spaces are to be supplemented by: 20 spaces located at 945 Ellis Street; 28 spaces located at 307 Tenth Street and 34 spaces located at 1130 Ellis Street. 9. Any outdoor storage shall be limited to enclosed buildings or screening with a 6 foot wood privacy fence or masonry wall. 10. No freestanding signs permitted on the affected property without approval by the Planning Commission. Building or wall mounted signs are limited to a maximum surface area of 2 square feet per linear foot. Projecting signs may not project more than 5 feet from the building wall it is attached except for canopy or awning mounted signs. Window signs may not occupy more than 20 percent of the area of any window. 11. Sidewalks on all adjacent streets must be improved and meet the latest adopted ADA standards. 12. New curb cuts shall be approved by and meet the standards of Augusta Traffic Engineering Department. 13. Attachments Lighting in the parking lot shall be directed away from nearby residences. 14. Final building elevations and materials of the proposed structures are subject to design review. 15. Minor changes to an approved PUD site plan may be handled administratively by the Planning Director. 16. Any changes deemed major will trigger the need to amend the original PUD site plan and require Augusta Commission approval. 17. Building elevations must reflect those presented with this application. 18. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 19. The final design must receive approval from the Historic Preservation Commission. 3. Z-20-30 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Valerie Smith requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone R-3C (Multiple-family Residential) to allow 3 living units in the existing structure affecting property containing 0.19 acres and known as 410 Telfair Street. Tax map 047-4-175-00-0 DISTRICT 1 1. If the sale of the property does not close within 90 days of approval the zoning shall revert back to the present B-1 (Neighborhood Business) at the request of the owner. 2. 410 and 412 Telfair Street must be combined after closing to provide the necessary off-street parking. A copy of the property combination paperwork must be presented to Staff before occupancy of the multiple-family residential units. 3. If the properties are not combined, a cross parking agreement between 410 or 412 Telfair Streets must be recorded and maintained regardless of ownership of either property. A copy shall be provided to the Planning and Development Dept. office prior to any building permits being issued for the conversion of the bed and breakfast into multiple-family residential units. 4. All current building and fire code regulations must be met before occupancy of the multiple-family residential units. Attachments 4. Z-20-32 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Kevin Jones, on behalf of Cobbs Nixon, requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) affecting property containing 48.51 acres and known as part of 1550 Four H Club Road. Part of Tax Map 158-0-006-07-0 DISTRICT 1 1. Approved plat must be completed prior to site plan approval. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 3. All Zoning Attachments Ordinances including Section 28 Airport Regulations and Section 8-4-1 Augusta Tree Ordinance must be met for site plan approval. 4. FAA Form 7460-1 “Notice of Proposed Construction of Alteration” must be completed prior to submitting for site plan review. 5. Z-20-33 - A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by COEL Development Co., on behalf of Marsha Brinkman, Jeff Taylor et al, and Charles White, requesting a change of zoning from Zone R-1B (One- family Residential) and Zone R-1 (One-family Residential) to Zone R-1 and remove conditions from the R-1B zoning affecting property containing approximately 59 acres and known as part of 4506 Windsor Spring Road and 4477-B Windsor Spring Road. Tax Map part of 194-0-001-08-0 and 179-0-186-00-0194-0-001-08-0 DISTRICT 8 1. This development shall substantially confirm to the concept plan filed with this application. 2. Sidewalks must be provided on at least one side of the street within the development and comply with ADA standards. 3. Conduct a traffic study to assess whether acceleration / deceleration lanes are needed. 4. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 5. This development must meet all open space requirements. These areas do not include stormwater detention. 6. Provide walking trails or pathways to connect areas of the development. 7. Extend sidewalk on the side adjacent to the property on Willis Foreman Road. 8. Conduct a traffic study to assess whether acceleration / deceleration lanes are needed. 9. This development must meet all open space requirements. These areas do not include stormwater detention. 10. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 11. Street Lights will need to be installed and operating (or bonded) prior to Final Plat approval. 12. Developer will need to coordinate project with AED’s widening project along Willis Foreman. Development should account for increased right of way and storm infrastructure. 13. Detention Basin outfall will need to be tied to a defined system. 14. Water Quality will be required and should include one-inch runoff reduction. Existing pond shall not be used for Water Quality Stormwater Maintenance Agreement Attachments 6. Z-20-34 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by COEL Development Co., on behalf of Marsha Brinkman, Jeff Taylor et al, and Charles White, requesting a Special Exception in an R-1 (One-family Attachments Residential) Zone to develop single family lots not to exceed a density of 3 units per acre per Section 8-2-(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 59 acres and known as part of 4506 Windsor Spring Road and 4477-B Windsor Spring Road. Tax Map part of 194-0-001- 08-0 and 179-0-186-00-0 DISTRICT 8 1. This development shall substantially confirm to the concept plan filed with this application. 2. Sidewalks must be provided on at least one side of the street within the development and comply with ADA standards. 3. Conduct a traffic study to assess whether acceleration / deceleration lanes are needed. 4. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 5. This development must meet all open space requirements. These areas do not include stormwater detention. 6. Provide walking trails or pathways to connect areas of the development. 7. Extend sidewalk on the side adjacent to the property on Willis Foreman Road. 8. Conduct a traffic study to assess whether acceleration / deceleration lanes are needed. 9. This development must meet all open space requirements. These areas do not include stormwater detention. 10. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 11. Street Lights will need to be installed and operating (or bonded) prior to Final Plat approval. 12. Developer will need to coordinate project with AED’s widening project along Willis Foreman. Development should account for increased right of way and storm infrastructure. 13. Detention Basin outfall will need to be tied to a defined system. Water Quality will be required and should include one-inch runoff reduction. Existing pond shall not be used for Water Quality Stormwater Maintenance Agreement 7. Z-20-35 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below, a petition by Herbert Newsome requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) to bring an existing self-storage development into zoning conformance and to allow an expansion affecting property containing 2.98 acres known 5029 Parham Road and 1.08 acres of additional land combined from a parcel claimed by Columbia County for a total of 4.06 acres. Tax Map 092-0-002-01-0 DISTRICT 3 1. At the time of any future expansion, the applicant must work with the staff of Planning and Development to get additional Tree Ordinance compliance for the existing self-storage facility – specifically, additional screening is sought along Gordon Highway and Parham Road, without creating sight-obstructions for the Gordon Highway / Parham Road intersection. 2. Verification by the property Attachments owner will need to be provided prior to approval of the site plan as to whether there is substantial water storage to provide fire suppression for the entire site. 8. Z-20-36 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with theconditions below, a petition by Village on 5th LP , requesting to amend a condition of Z-19-19 by amending the concept plan presented with the zoning petition affecting property containing approximately 1.82 acres and known as 811 Fifth Street. Tax Map 047-3-276-00-0 DISTRICT 1 1. All conditions of approval from the Board of Zoning Appeals and Planning Commission must be met at the time of site plan approval. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Attachments 9. Z-20-37 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Louis White, on behalf of Josie Alexander, requesting a change of zoning from Zone R-1B (One-family Residential) to Zone R-3 B (Multiple-family Residential) affecting property containing 2.22 acres and known as 2403 Mount Auburn Street. Tax Map 034-1-210-00-0 REPLACES Z-20-19 DISTRICT 1 1. The development must substantially conform to the concept plan filed with this application. 2. Provide a sidewalk on Montgomery Street that connects the proposed parking lot to the nearby intersection and meets ADA standards. 3. Any fencing above 4 feet in the front setback will require approval of a variance. 4. Any building encroachment in the front setback require variances from the minimum setback regulations. 5. The development must comply with the provisions of the Augusta Tree Ordinance. Attachments PETITIONS AND COMMUNICATIONS 10.Motion to approve the minutes of the regular and Special Called Meetings held on June 24, 2020. Attachments APPOINTMENT(S) 11.Motion to approve the appointment of Ms. Trina Jackson, to the Board of Zoning Appeals representing District 4. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 7/21/2020 AUGUSTA COMMISSION REGULAR AGENDA 7/21/2020 (Items 12-81) PLANNING 12. Z-20-16 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Mark Herbert, on behalf of the Estate of Waddell H. Pate, requesting a Special Exception in an R-1A (One-family Residential) Zone to develop single family lots not to exceed a density of 4 lots per acre per Section 9-2-(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 44 acres and known as 2345 Golden Camp Road. Tax Map 084-2-002-00-0 CONTINUED from June 1, 2020 DISTRICT 5 1. The subdivision development shall be limited to no more than 67 residential lots and no more than 4 units per acre at 65’ x 100’. 2. The subdivision development shall be required to have 27.97 acres of greenspace shall be permanently protected in perpetuity. 3. The site plan shall meet all applicable City codes and regulations including, but not limited to, Augusta Engineering and Augusta Utilities. 4. Exterior building design and materials shall include garages, brick, stone accents or similar features that substantially conform to nearby residences. 5. Sidewalks shall be installed along one side of each street in the development and meet ADA standards. Attachments 13. Z-20-20 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Lorenz Quinn, on behalf of James Pond Properties LLC, requesting a change of zoning from Zone R-1 (One-family Residential, Zone B-2 (General Business) and Zone A (Agriculture) to Zone R-1C (One- family Residential) affecting property containing approximately 17.27 Attachments acres known as 4405 and 4414 Mike Padgett Highway. Tax Map 234-0- 004-00-0 and 234-0-005-00-0 CONTINUED from June 1, 2020 DISTRICT 8 1. The overall development for Spirit Crossing Subdivision and the adjoining approximately 2.25 acre commercial site shall substantially comply with the Concept Plan submitted with the rezoning application. Density for the 17.04 acre tract to be rezoned to R-1C shall not exceed the 7.26 lots / acre. 2. Sidewalks shall conform to the Concept Plan submitted with the rezoning application and shall be constructed on both sides of all interior roads and both sides of the entrance road to Spirit Crossing Subdivision. Further sidewalks shall be constructed along the south side of Brown Road to the intersection of the subdivision with the proposed commercial tract. 3. Right turn lane into site from Brown Road will be required. If intent is to make streets public, then all residential street standards must be met (60’ RW, 31’ FL to FL). All interior streets (whether public or private) will need sidewalks on at least one side with ADA ramps at every corner. Depending on existing conditions, sidewalk may be required along property frontage on Brown Road and Mike Padgett. 4. No development whatsoever, including the detention basin, will be allowed in the 1% annual chance floodplain, wetlands or State Water buffer. 5. Finished floor elevations of all residential structures shall be 3’ above the BFE or 3’ above HAG, whichever is higher, as found on the Flood Insurance Rate Maps (FIRMs) for Augusta Georgia for the subject property. 6. The 181 trees proposed for the subdivision must be installed pursuant to the Concept Plan submitted with the rezoning application. Further, a streetyard will be required on the section of the subdivision fronting Mike Padgett Highway. Streetyard trees along Brown Road and along Mike Padgett Highway are required to be a minimum of 3” caliper, a minimum of 8’ in height and unbranched to 6’. All trees will be bonded with a Tree Establishment Bond for a period of 3 years to ensure their survivability. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 14. Z-20-21 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Lorenz Quinn, on behalf of James Pond Properties LLC, requesting a Special Exception in the R-1C Zone to establish develop 95 (66 single family lots and 29 attached townhomes) not to exceed a density of 7 units per acre per Section 11-2-(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 17.27 acres known as 4405 and 4414 Mike Padgett Highway. Tax Map 234-0- 004-00-0 and 234-0-005-00-0 CONTINUED from June 1, 2020 Attachments DISTRICT 8 1. The overall development for Spirit Crossing Subdivision and the adjoining approximately 2.25 acre commercial site shall substantially comply with the Concept Plan submitted with the rezoning application. Density for the 17.04 acre tract to be rezoned to R-1C shall not exceed the 7.26 lots / acre. 2. Sidewalks shall conform to the Concept Plan submitted with the rezoning application and shall be constructed on both sides of all interior roads and both sides of the entrance road to Spirit Crossing Subdivision. Further sidewalks shall be constructed along the south side of Brown Road to the intersection of the subdivision with the proposed commercial tract. 3. Right turn lane into site from Brown Road will be required. If intent is to make streets public, then all residential street standards must be met (60’ RW, 31’ FL to FL). All interior streets (whether public or private) will need sidewalks on at least one side with ADA ramps at every corner. Depending on existing conditions, sidewalk may be required along property frontage on Brown Road and Mike Padgett. 4. No development whatsoever, including the detention basin, will be allowed in the 1% annual chance floodplain, wetlands or State Water buffer. 5. Finished floor elevations of all residential structures shall be 3’ above the BFE or 3’ above HAG, whichever is higher, as found on the Flood Insurance Rate Maps (FIRMs) for Augusta Georgia for the subject property. 6. The 181 trees proposed for the subdivision must be installed pursuant to the Concept Plan submitted with the rezoning application. Further, a streetyard will be required on the section of the subdivision fronting Mike Padgett Highway. Streetyard trees along Brown Road and along Mike Padgett Highway are required to be a minimum of 3” caliper, a minimum of 8’ in height and unbranched to 6’. All trees will be bonded with a Tree Establishment Bond for a period of 3 years to ensure their survivability. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 15. Z-20-22 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Lorenz Quinn, on behalf of James Pond Properties LLC, requesting a change of zoning from Zone B-2 (General Business) with conditions to Zone B-2 affecting property containing approximately 2.25 acres known as part of 4405 Mike Padgett Highway. Part of Tax Map 234-0-004-00-0 DISTRICT 8 CONTINUED from June 1, 20207 DISTRICT 8 1. The overall development for Spirit Crossing Subdivision and the adjoining approximately 2.25 acre commercial site shall substantially comply with the Concept Plan submitted with the rezoning application. Density for the 17.04 acre tract to be rezoned to R-1C shall not exceed Attachments the 7.26 lots / acre. 2. Sidewalks shall conform to the Concept Plan submitted with the rezoning application and shall be constructed on both sides of all interior roads and both sides of the entrance road to Spirit Crossing Subdivision. Further sidewalks shall be constructed along the south side of Brown Road to the intersection of the subdivision with the proposed commercial tract. 3. Right turn lane into site from Brown Road will be required. If intent is to make streets public, then all residential street standards must be met (60’ RW, 31’ FL to FL). All interior streets (whether public or private) will need sidewalks on at least one side with ADA ramps at every corner. Depending on existing conditions, sidewalk may be required along property frontage on Brown Road and Mike Padgett. 4. No development whatsoever, including the detention basin, will be allowed in the 1% annual chance floodplain, wetlands or State Water buffer. 5. Finished floor elevations of all residential structures shall be 3’ above the BFE or 3’ above HAG, whichever is higher, as found on the Flood Insurance Rate Maps (FIRMs) for Augusta Georgia for the subject property. 6. The 181 trees proposed for the subdivision must be installed pursuant to the Concept Plan submitted with the rezoning application. Further, a streetyard will be required on the section of the subdivision fronting Mike Padgett Highway. Streetyard trees along Brown Road and along Mike Padgett Highway are required to be a minimum of 3” caliper, a minimum of 8’ in height and unbranched to 6’. All trees will be bonded with a Tree Establishment Bond for a period of 3 years to ensure their survivability. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. PUBLIC SERVICES 16.Motion to approve New Ownership Application: A. N. 20-21: request by Marcy S. Adams for an on premise consumption Beer & Wine License to be used in connection with Homewood Suites by Hilton Augusta located at 1049 Stevens Creek Rd. There will be Sunday Sales. District 7. Super District 10. Attachments 17.Motion to approve New Location: A.N. 20-22: request by Sohail Yoonas for a retail package Beer & Wine License to be used in connection with Augusta Food Mart located at 1659 Gordon Hwy. District 2. Super District 9. Attachments 18.Motion to approve New Ownership Application: A. N. 20-23: request by Manpreet Kaur for a retail package Beer & Wine License to be used in connection with Super Express # 3 located at 2545 Peach Orchard Rd. District 2. Super District 9. Attachments 19.Motion to approve New Ownership Application: A. N. 20-24: request by Ahmed Ali Tharani for a retail package Beer & Wine License to be used in connection with Chevron Food Mart located at 1503 Gordon Hwy. District 2. Super District 9. Attachments 20.Motion to approve Existing Location: A. N. 20-25: request by Ankitkumar Patel for retail package Beer License to be used in connection with World of Beer located at 2819 Washington Rd. District 7. Super District 9 Attachments 21.Motion to approve New Ownership Application: A.N. 20-26: request by Naushad Hooda for a retail package Beer & Wine License to be used in connection with Super Express #7 located at 1901 Gordon Hwy. District 5. Super District 9. Attachments 22.Motion to approve New Ownership Application: A.N. 20-27: request by Ashfaque Khan for a retail package Beer & Wine License to be used in connection with Shop & Go Mart located at 2061 Gordon Hwy. District 5. Super District 9. Attachments 23.Motion to approve the Masterplan and memorial concept at Fleming Park to honor Melquan Robinson, Jr. Attachments 24.Motion to approve a month to month contract extension with Hall Marketing to provide Airport marketing services. This will be until the contract or contractor is consummated. Attachments 25.Discuss city's Marina Lease Agreement. (Requested by Commissioner Ben Hasan)Attachments 26.Motion to approve New Application: request by Kimberly W. Mathis for a Massage Operator License to be used in connection with Imagine That Massage Therapy located at 2215 Tobacco Rd. Ste I. District 4. Super District 9. Attachments 27.Motion to approve New Application: request by Shakia C. Padgett for a Massage Operator License to be used in connection with Selah Massage & Bodywork located at 2315 Central Ave Ste C. District 3. Super District 10. Attachments 28.Motion to approve New Application: A request by Choa Tang for a Massage Operator License to be used in connection with H Massage located at 1944 B Walton Way. District 1. Super District 9. Attachments 29.Motion to approve New Application: request by Carla Lewis-Hawes for a Massage Operator License to be used in connection with Carla Lewis- Hawes, LMT located at 1250 Merry St. District 1. Super District 9. Attachments ADMINISTRATIVE SERVICES 30.Motion to approve the lease of two Motor Graders from Yancey Brothers Company under a 36-month contract for a total cost of $171,720.00 for the Engineering Department - Maintenance Division. Bid Item 20-189 Attachments 31.Motion to approve the purchase of one Service Truck, utility body enclosed, from Wade Ford for $81,599.00 for the Utilities Department- Construction Division. Bid 20-167 Attachments 32.Motion to approve annual bid for the Utilities Department. The item requires Commission approval due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid item requires Commission approval: Utilities Department, 20-066 Warehouse Supplies. Attachments 33.Receive as information the emergency procurement change order for $20,286 for the purchase of new elevator doors located to the east and west of the Municipal Building. Attachments 34.Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist one (1) low to moderate income homebuyer with down-payment assistance to purchase a home. Attachments 35.Motion to adjust FY2020 Grant Funds Budget for prior years unspent grant funds. Attachments 36.Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist one (1) low to moderate income homebuyer with gap financing, down payment and closing costs to purchase a home through HCD’s Employee Incentive Program. Attachments 37.Motion to approve Housing and Community Development Department’s (HCD's) request to provide additional HOME funds to J. Lovett Homes and Construction, LLC for (3) three affordable housing units on McQueen Court, via the Twiggs Street corridor. Attachments 38.Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to Capitalrise, LLC for the new construction of one (1) single family unit. Attachments 39.Motion to approve seven (7) Rehabilitation projects. Attachments 40.Motion to approve Housing and Community Development Department’s (HCD's) request to amend the contract between HCD and J. Lovett Homes & Construction, LLC for the construction cost of one (1) single Attachments family housing unit identified as Lot No. 10, McQueen Court, via the Twiggs Street corridor. 41.Motion to approve Housing and Community Development Department’s (HCD's) request to amend the contract between HCD and J. Lovett Homes & Construction, LLC for the construction cost of one (1) single family housing unit identified as Lot No. 11, McQueen Court, via the Twiggs Street corridor. Attachments 42.Motion to approve Housing and Community Development Department’s (HCD's) request to implement a Memorandum of Understanding (MOU) with CGG Holdings and Laney Walker Development Corporation (LWDC), a procured developer, to construct up to 70 new, affordable/market rate rental housing units as part of the Immaculate Conception Phase I Development Area identified as 1016 and 1102 Laney Walker Blvd. Attachments 43.Motion to approve June 19 (Juneteenth) as an ARC holiday. (Requested by Commissioner Bill Fennoy)Attachments 44.Local Small Business Ordinance Revision. Attachments 45.UGA Extension Services is requesting the approval of a MOU between the Board of Regents and the University System of Georgia by and on behalf of the University of Georgia Cooperative Extension and Richmond County. Attachments 46.Erect a Memorial Wall in honor of Augustans who lost their lives to COVID-19. (Requested by Commissioner Bill Fennoy)Attachments 47. Discuss/approve Augusta, GA partnering with the National Rhythm & Blues Hall of Fame to make Augusta its home and making its induction ceremony an annual event. (Requested by Commissioner Marion Williams) Attachments PUBLIC SAFETY 48.Motion to authorize the Administrator and HR Director to conduct a Needs Assessment of the Augusta Fire Department; and authorized expenditure up to $25,000 from the Fire Department's training budget for additional professional assistance as needed and conclude within a six- weeks time period. (Requested by Commissioner Ben Hasan) Attachments 49.Motion to approve the Commodities Point of Distribution (POD) Plan and authorize the Mayor to execute the documents. Attachments 50.Motion to approve the Disaster Awareness Plan and authorize the Mayor to sign the plan. Attachments 51.Motion to accept payment from Chatham County for the Richmond County shelter activities related to 2019 Hurricane Dorian. Authorize Finance to distribute checks to the Richmond County Health District and Richmond County School System. The remaining amounts will be allocated to Animal Services, Augusta Transit, and Richmond County Sheriff’s Office. Attachments 52.The Richmond County Sheriff's Office is requesting the re-purpose funds from cash match that remains in fund 220 to the 2020 budget account. Attachments 53.Discuss duties and responsibilities as it relates to the ARC Code Enforcement illegal dumping/litter Division placed under the Marshal's Department. (Requested by Commissioner Marion Williams) Attachments 54.Motion to approve the award of Bid Item #20-182 to Weinberger's Business Interiors for the 911 Additions and Renovations Furniture Project in the amount of $27,557.28. Attachments FINANCE 55.Approve budget adjustments for departments that exceeded 2019 expenditure budgets. Attachments 56.Motion to approve funding source for COVID19 expenses. Attachments 57. Approve developing a resolution authorizing execution of intergovernmental agreement (IGA) with the Urban Redevelopment Agency (URA) to refinance the Laney Walker Bethlehem Bonds Series 2015. Attachments ENGINEERING SERVICES 58. Approve supplemental funding (SA1) for Engineering Phases of Design Consultant Services Agreement to Goodwyne, Mills & Cawood (GMC) in the amount of $135,000.00 for the 13th Street Improvements Project as requested by the AED. RFP 18-258. Attachments 59. Adoption of the Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) as revised by Letter of Map Revision (LOMR) 19- 04-6697P, effective October 30, 2020. Attachments 60.Consider Award of Bid #20-181 for the Construction of the Alternate Water Feed to Downtown Augusta Project to Legacy Water Group, LLC in the Amount of $4,421,762.75. Attachments 61.Approve supplemental funding (SA1) for Engineering Phases of Design Consultant Services Agreement to Hussey Gay Bell (HGB) in the amount of $287,322.50 for the Broad Street Improvements Project as requested by the AED. RFP 18-311. Attachments 62.Motion to increase the funding for approved RFQ #18-263: Task Order Program (2018) for Utilities Department (AUD) in the amount of $3,000,000.00. Attachments 63.Approve Task Order Three (3) funding for Streambank Stabilization Design, Permitting and Construction Engineering Services Agreement to Pond & Company in the amount of $16,708.50 for Rocky Creek Habitat Improvements Project Design Support. Requested by the AED. RFQ 19- 152 Attachments 64. Provide the Mayor's signature on furnished Memorandum of Understanding to include Augusta Utilities Department’s water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT Project PI M005972 Patching, Milling, and Topping 3.82 miles of State Route 28 (Washington Road) beginning from Calhoun Bridge and ending at CSX Railroad . Attachments 65.Provide the Mayor's signature on furnished Memorandum of Understanding to include Augusta Utilities Department’s water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT Project PI M005974 Patching, Milling, and Topping 0.66 miles of State Route 104 (Washington Road) beginning from Fury Ferry Intersection and ending at Pleasant Home Road. Attachments 66. Motion to determine that a Portion of Former Hephzibah McBean Road at Peach Orchard Road, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Attachments 67. Approve the installation of 14 street lights in the Granite Hills Phase 4 development with an annual cost of $4,520.88. Also approve the creation of a special service district for the 52 lots within Granite Hills Phase 4. Funding is available in Street Lighting budget account #2760416105312310. Attachments 68. Approve the installation of 51 street lights along Old McDuffie Road between Barton Chapel Road and Milledgeville Road with an annual cost of $11,468.88. Also approve the creation of a special service district for the 58 parcels adjacent to Old McDuffie Road between Barton Chapel Road and Milledgeville Road. Funding is available in Street Lighting budget account #2760416105312310. Attachments 69. Approve supplemental funding for various Tasks under Final Design Phase of Engineering Consultant Agreement to WK Dickson & Co., Inc. in the amount of $190,300.00 for Wilkinson Garden Area Roadway Drainage Improvements as requested by AED. RFQ 07-114. Attachments OTHER BUSINESS 70.Motion to approve to receive grant funds for the State Court of Richmond County DUI and Veterans Court Program awarded by the Criminal Justice Coordinating Council. Attachments 71.Motion to approve acceptance of FY2021 Criminal Justice Coordinating Council-Adult Felony Drug Court Program grant award in the amount of $360,819.00. Attachments 72.Motion to approve the FY2021 Criminal Justice Coordinating Council grant award for Veterans Court Program in the amount of $107,393.00 Attachments 73.Approve award of Construction Contract to J & B Construction in the amount of $1,819,119.00 for Old Waynesboro Road Sidewalk and Landscaping & Drainage Improvements. Award is contingent upon receipt of signed contracts, proper bonds and Utility Contactor or Manager License associated to contractor performing utility work. Request by AED. Bid 19-284 Attachments 74.Update on monument committee. (Requested by Commissioner Bill Fennoy)Attachments 75.Discuss ending the flawed curbside recycling program. (Requested by Commissioner Sammie Sias)Attachments 76.Plan a MaskUp Augusta campaign to include providing masks to members of the community. (Requested by Mayor Hardie Davis, Jr.)Attachments 77.Discuss the resumption of committee and commission meetings in August 2020. (Requested by Mayor Hardie Davis, Jr.)Attachments 78.Discuss the hiring of contact tracers for Richmond County to aid in stopping the spread of the virus. (Requested by Mayor Hardie Davis)Attachments 79.Motion to approve the acceptance of FY 2021 Criminal Justice Coordinating Council grant award in association with the Adult Mental Health Court Program in the amount of $100,111.00 Attachments 80.Abolish the Augusta Land Bank Authority/discuss/received information consisting of a total list of all properties when they were purchased and a copy of the rules governing the Land Bank Authority. (Deferred from the June 24, 2020 meeting.) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 81.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 7/21/2020 2:00 PM Astrid Utley Department: Department: Caption:Astrid Utley regarding lack of services on Deans Bridge Road to include but not limited to 1) Landfill issues and its impact on citizens of South Richmond County 2) lack of internet service from major providers 3) crime and speeding on Deans Bridge Road south of Morgan Road. 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 ruesdays of each month - 2:00 p.m.committee meetings: second and last Tuesdays of each month - l:00 p.m. commission/Committee: (Please check one and insert meeting date) X Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting 712,/2020 contact Information for Individuaupresenter Making the Request: Name: Astrid Utley Address: 4l92Deans Bridge Road Hephzibah, GA 30815 Telephone Number: 240-461-6489 Fax Number: E-Mail Address: astridutley@gmail.com Caption/Topic of Discussion to be placed on the Agenda: ONGOING LACK OF SERVICES ON DEANSBRIDGE RD/STATE HWY 1 THAT INCLUDE THE FOLLOWING: - Landfill Issues & its on citizens of South Richmond Coun - Lack of internet service from major providers - CRIME & SPEEDING ON DEANS BRIDGE ROAD Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 706-821-1820 Fax Number: 706-821-1838 E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk'sOffice 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 fir"-minute time limit will be allowed for presentations. Commission Meeting Agenda 7/21/2020 2:00 PM Dante D. Barley Department: Department: Caption:Dante D. Barley regarding unsafe road condition on Poplar Street. 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 ruesdays of each month - 2:00 p.m.committee meetings: second and last Tuesdays of each month - l:00 p.m. Commission/committee: (prease check one and insert meeting date) l/ Commission Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Contact Information for Individual/presenter Making the Request: Name: Dan I Address: Telephone Num Fax Number: E-Mail Address: Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Caption/Topic of Discussion to be. placed on the Agenda: Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Buitding 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-g2l-1t20 Fax Number: 706-821-1838 E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,soffice no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and5:00 p.m. on the T191day preceding the Commitiee meeting of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 7/21/2020 2:00 PM Farida Popal Farmer Department: Department: Caption:Farida Popal Farmer requesting the revocation of the Broad Street nightclub "The Scene" business license. 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 ruesdays of each month - 2:00 p.m.committee meetings: second and rast Tuesdays of each month - l:00 p.m. commiy'sion/committee: (please check one and insert meeting date) Commission Date of Meeting Public Safety Committee Date of Meeting Public Services Committee Date of Meeting Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting contact Information for Individual/Presenter Making the Request: Name: Address: Telephone Number: 3 f {- ,l'.Jq - q7q-l opic of Discussion to be placed on the Agenda: +L sbnd rneaarc,tncal, t I formto the following address:-Q\14-rthis requr Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 706-821-1820 Fax Number: 706-821-1838 E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,sOffice no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. Richmond County Sheriffs Office CASE REPORT 400 W.lroa W., ftryu$r. eA8000t zUI lll 0212212020 00:33 ,LLg&UMIryE (5200) Weapons Viotations 0212212020 00:33 0212212020 00:38 1289 BROAD ST Augusta, GA o IrJoz UJlrlto nAIrrEo€scFrmr{ 01 :ouTrs \nElrrrcowr POSSESSING HANDGUNS LTCENSE REOUTREMENT 1 Commit o lrJ eDto ACEEIjBJCCT TWE Adult Arrested !^a tlAr,r&t..ru strq, Sprohar, Gavin &D AGf, o. tG€ R.AtIct re>ilt,&tr, ttrY. STAE, 4) ln'*'**nn*vpnoF-- (, lrtaE:)o lAffi6{.rE\rfCT }rPt M (Uy. FR$I. IfE[l SUrFilr as or a& m$sE ws lfrR[Er, c,TY. sIAE. ZP) ucr fi Effi fi RAIIOf,YE ). i{UI'BER'5TATE rcE?uot{ {} o UJ a:gt IAWIN&CI ryE ulE (LasT, FrurT, $Do.t sl,frx) pE AGI'.AC€RAMX r{m>s (5 rE r, c[Y, ya[, zP) 6gt *I GHr or ffi ltYEEHr o'R^flC€ lHAn iE f, NUTEEffiIATE Y ftO'(iloi* 12 trot* a! HODGE, JEFFREY 4700499 02t22t2020 TRIMMINGHAM, EARD CAMERON Case 2020-00054477 Page I OF 3 Richmond County Sheriffs Office CASE REPORT /O0W.itilUhy Augu.t , oA 30901 -t ItEE Other $800.00 Kimber US Custom il agx Handgun *RAL lat{ Black Up to 6 inches 45r8iutr&ksffitmsqBAmil Kimber 45cal K353666 Id {lttr NTART PROPTRTY COO' /aLr.r{ ]Uil flE |c{Jil AcTpx lf,Rru ,s ,ftsH IAflntl LITGTT lAtttR wrpM! rsffiI\/I ilfoft^TDfi -E ltEE NEAR'T MOEEIY CODI /Mf iun I YE lGUttACmt *R{)Afi 'n6H lBAnif[ LtrorH -IcarE€R ffiKDTS€N?lM XFOSilA]DH -e u,lgE .ffi PE9fERTY COOE .&UE rffEtrooEt iuxm ld,xacTnx ;ERfl ;dsH tffitLffirh A&H luiua4 EscPrryt Htu&a,I( =c ulgE ,EAR*I PRO'tRl)'MM /ALUE ,axE/tro0rr ]Uil TWE 39ff agrpfl *&r.rsl lBanffL LE*crx -loat Etn \wpwtrscFwE itFoRurpN HODGE , JEFFREY 4700499 02122t2020 TRIMMINGHAM, EARD CAMERON Case 2020-00054477 Page 2 OF 3 Richmond County Sheriffs Office CASE REPORT aoo W.lton Wry Al,gu3r., oA30901 on 0212212020 at 0038 hours ! Deputy- !_9dg9, Jeffrey 6302 was working speciat duty at1289 Braod Street Augusta Ga, 3090-6 fihJScene). - While Working Special Duty Deputy Wilson, Robert, noticed that Gavin Sprohar droppedsomething out of his waist band. Upon closer inspection Witson saw that it was afirearm, a Kimber 45 Caliber Serial Number Wilson brought Gavin to me and Idetained Gavin in the back of my patrol car. t asked Sprohar if he iad a concealed Carrylicense to which he replied, no he does not. sprohar was charged with ocGA statute16'11'126 Carrying a Firearm Without a Permit. The Firearm wa-s turned into theEvidence locker Sprohar was placed underarrest and transported to Charles B. Webster for booking. Warrants applied for andapproved through the warrants office. sprohar was given a copy of the property receipt. BWc in use. HODGE, JEFFREY 4700499 o2t22t2o2o TRIMMINGHAM, EARD CAMERON Case 2020-00054477 Pago 3 OF 3 Richmond County Sheriffs Office CASE REPORT a00ly.Iofl fty Arrgu$a OA fr000t 2020-00169764 On 062120 at 0150 hours the Richmond Gounty Sheriffs Office responded to 126gBroad St in reference to shots fired and a victim iustaining a gunshoi wound. Uponarriva! officers located the victim, Ahmad Popal, lying an thl rJ"arrr"y with one apparentgunshot wound. Popalwas transported to Augusta University Mediial Center. Dr.Christopher Jackson later pronounced Popal deceased at O2ig hours. lnvestigatorswere able to link the suspect, Terrence Cumber, as being the person that shoiand killedPopal. Gumber has been arrested and charged on the tisied "i arges and committed tothe Charles B Webster Detention Genter. Further investigations were turned over to lnv. Lucas Grant722. GRANT, LUCAS 4700163 06t21t2020 LANGFORD, CHRISTOPHER JOHN Case 2020{0169764 Page 2 OF 2 Commission Meeting Agenda 7/21/2020 2:00 PM Ray Montana Department: Department: Caption:Ray Montana regarding the removal of the Confederate Monument on Broad Street. 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. CommfCommittee: (Please check one and insert meeting date) t/ commission DateorMe "rr^, 1l&[ lgogo Public Services Committee Date of Meeting _ Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting _ Finance Committee Date of Meeting _ Contact Information for nter Making the Request: Name:.<({ Address: Telephone Number: Fax Number: E-Mail Address: Capti opic of Discgssion to be placed on the Agenda:i NeeC *hti uolis Loc*llu 'tb ,1 *he 5{a } e Pleas'e send this request form to the following address: c u&l Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 706-821-1820 Fax Number: 706-821-1838 E-MailAddress: nmorawski@augustaga.gov 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. Commission Meeting Agenda 7/21/2020 2:00 PM Final Plat Haynes Station Sec. 11 Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – HAYNES STATION SECTION 11 – S-911 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group, on behalf of COEL Development Co., requesting final plat approval for Haynes Station Section 11. This residential subdivision contains 91 lots. DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-13 Department:Planning and Development Department:Planning and Development Caption: Z-20-13 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Bluewater Engineering Services, on behalf of Andrea Connell Gibbs, requesting a change of zoning from Zone B-2 (General Business) to Zone PUD (Planned Unit Development) affecting property containing approximately 1 acre and known as 955 and 947 Greene Street and 302 Tenth Street. Tax Map 036-4-334-00-0, 046-2-001-00-0 & 037-3-173- 00-0 CONTINUED from June 1, 2020 hearing. DISTRICT 1 1. Permitted uses of the site be limited to 79 multi-family apartments, 1,519 square feet of professional offices, restaurants and/or retail development and 3,600 square feet of amenity area. 2. The total height of any structure shall not exceed 4 stories or 75 feet, to include any attached or detached structures. 3. The total commercial space of the building shall not exceed 13,000 gross square feet in area. 4. No front setbacks are required on Tenth and Ellis Streets, a minimum 10-foot on Greene Street and a minimum side setback of 0 or 3 feet or more. 5. A minimum of 10% of the site shall be dedicated to open space. Such open spaces may also include park, recreational or plaza primarily used for public use within 1,300 of the development boundary. 6. The maximum lot coverage for each lot shall be 80%, which does include parking and similar surface improvements. The developers intend to develop the entire site. 7. A fence or screen wall in the required front yard shall not exceed six (6) feet in height. 8. The 55 proposed onsite parking spaces are to be supplemented by: 20 spaces located at 945 Ellis Street; 28 spaces located at 307 Tenth Street and 34 spaces located at 1130 Ellis Street. 9. Any outdoor storage shall be limited to enclosed buildings or screening with a 6 foot wood privacy fence or masonry wall. 10. No freestanding signs permitted on the affected property without approval by the Planning Commission. Building or wall mounted signs are limited to a maximum surface area of 2 Cover Memo square feet per linear foot. Projecting signs may not project more than 5 feet from the building wall it is attached except for canopy or awning mounted signs. Window signs may not occupy more than 20 percent of the area of any window. 11. Sidewalks on all adjacent streets must be improved and meet the latest adopted ADA standards. 12. New curb cuts shall be approved by and meet the standards of Augusta Traffic Engineering Department. 13. Lighting in the parking lot shall be directed away from nearby residences. 14. Final building elevations and materials of the proposed structures are subject to design review. 15. Minor changes to an approved PUD site plan may be handled administratively by the Planning Director. 16. Any changes deemed major will trigger the need to amend the original PUD site plan and require Augusta Commission approval. 17. Building elevations must reflect those presented with this application. 18. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 19. The final design must receive approval from the Historic Preservation Commission. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-30 Department:Planning and Development Department:Planning and Development Caption: Z-20-30 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Valerie Smith requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone R-3C (Multiple- family Residential) to allow 3 living units in the existing structure affecting property containing 0.19 acres and known as 410 Telfair Street. Tax map 047-4-175-00-0 DISTRICT 1 1. If the sale of the property does not close within 90 days of approval the zoning shall revert back to the present B-1 (Neighborhood Business) at the request of the owner. 2. 410 and 412 Telfair Street must be combined after closing to provide the necessary off-street parking. A copy of the property combination paperwork must be presented to Staff before occupancy of the multiple-family residential units. 3. If the properties are not combined, a cross parking agreement between 410 or 412 Telfair Streets must be recorded and maintained regardless of ownership of either property. A copy shall be provided to the Planning and Development Dept. office prior to any building permits being issued for the conversion of the bed and breakfast into multiple-family residential units. 4. All current building and fire code regulations must be met before occupancy of the multiple-family residential units. Background: Analysis: Financial Impact: Alternatives: Recommendation: Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-32 Department:Planning and Development Department:Planning and Development Caption: Z-20-32 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Kevin Jones, on behalf of Cobbs Nixon, requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) affecting property containing 48.51 acres and known as part of 1550 Four H Club Road. Part of Tax Map 158- 0-006-07-0 DISTRICT 1 1. Approved plat must be completed prior to site plan approval. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 3. All Zoning Ordinances including Section 28 Airport Regulations and Section 8-4-1 Augusta Tree Ordinance must be met for site plan approval. 4. FAA Form 7460-1 “Notice of Proposed Construction of Alteration” must be completed prior to submitting for site plan review. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts:Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-33 Department:Planning and Development Department:Planning and Development Caption: Z-20-33 - A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by COEL Development Co., on behalf of Marsha Brinkman, Jeff Taylor et al, and Charles White, requesting a change of zoning from Zone R-1B (One-family Residential) and Zone R-1 (One-family Residential) to Zone R-1 and remove conditions from the R-1B zoning affecting property containing approximately 59 acres and known as part of 4506 Windsor Spring Road and 4477-B Windsor Spring Road. Tax Map part of 194-0-001-08-0 and 179-0-186-00-0194- 0-001-08-0 DISTRICT 8 1. This development shall substantially confirm to the concept plan filed with this application. 2. Sidewalks must be provided on at least one side of the street within the development and comply with ADA standards. 3. Conduct a traffic study to assess whether acceleration / deceleration lanes are needed. 4. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 5. This development must meet all open space requirements. These areas do not include stormwater detention. 6. Provide walking trails or pathways to connect areas of the development. 7. Extend sidewalk on the side adjacent to the property on Willis Foreman Road. 8. Conduct a traffic study to assess whether acceleration / deceleration lanes are needed. 9. This development must meet all open space requirements. These areas do not include stormwater detention. 10. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 11. Street Lights will need to be installed and operating (or bonded) prior to Final Plat approval. 12. Developer will need to coordinate project with AED’s widening project along Willis Foreman. Development should account for increased right of way and storm infrastructure. 13. Detention Basin outfall will need to be tied to a defined system. 14. Water Quality will be required and Cover Memo should include one-inch runoff reduction. Existing pond shall not be used for Water Quality Stormwater Maintenance Agreement Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-34 Department:Planning and Development Department:Planning and Development Caption: Z-20-34 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by COEL Development Co., on behalf of Marsha Brinkman, Jeff Taylor et al, and Charles White, requesting a Special Exception in an R-1 (One-family Residential) Zone to develop single family lots not to exceed a density of 3 units per acre per Section 8-2-(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 59 acres and known as part of 4506 Windsor Spring Road and 4477-B Windsor Spring Road. Tax Map part of 194-0-001-08-0 and 179-0-186-00-0 DISTRICT 8 1. This development shall substantially confirm to the concept plan filed with this application. 2. Sidewalks must be provided on at least one side of the street within the development and comply with ADA standards. 3. Conduct a traffic study to assess whether acceleration / deceleration lanes are needed. 4. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 5. This development must meet all open space requirements. These areas do not include stormwater detention. 6. Provide walking trails or pathways to connect areas of the development. 7. Extend sidewalk on the side adjacent to the property on Willis Foreman Road. 8. Conduct a traffic study to assess whether acceleration / deceleration lanes are needed. 9. This development must meet all open space requirements. These areas do not include stormwater detention. 10. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 11. Street Lights will need to be installed and operating (or bonded) prior to Final Plat approval. 12. Developer will need to coordinate project with AED’s widening project along Willis Foreman. Development should account for increased right of way and storm infrastructure. 13. Detention Basin outfall will need to be tied to a defined system. Water Quality will be Cover Memo required and should include one-inch runoff reduction. Existing pond shall not be used for Water Quality Stormwater Maintenance Agreement Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-35 Department:Planning and Development Department:Planning and Development Caption: Z-20-35 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below, a petition by Herbert Newsome requesting a change of zoning from Zone A (Agriculture) to Zone B-2 (General Business) to bring an existing self-storage development into zoning conformance and to allow an expansion affecting property containing 2.98 acres known 5029 Parham Road and 1.08 acres of additional land combined from a parcel claimed by Columbia County for a total of 4.06 acres. Tax Map 092-0-002-01-0 DISTRICT 3 1. At the time of any future expansion, the applicant must work with the staff of Planning and Development to get additional Tree Ordinance compliance for the existing self-storage facility – specifically, additional screening is sought along Gordon Highway and Parham Road, without creating sight-obstructions for the Gordon Highway / Parham Road intersection. 2. Verification by the property owner will need to be provided prior to approval of the site plan as to whether there is substantial water storage to provide fire suppression for the entire site. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-36 Department:Planning and Development Department:Planning and Development Caption: Z-20-36 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with theconditions below, a petition by Village on 5th LP , requesting to amend a condition of Z-19-19 by amending the concept plan presented with the zoning petition affecting property containing approximately 1.82 acres and known as 811 Fifth Street. Tax Map 047-3-276-00-0 DISTRICT 1 1. All conditions of approval from the Board of Zoning Appeals and Planning Commission must be met at the time of site plan approval. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-37 Department:Planning and Development Department:Planning and Development Caption: Z-20-37 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Louis White, on behalf of Josie Alexander, requesting a change of zoning from Zone R-1B (One-family Residential) to Zone R-3 B (Multiple-family Residential) affecting property containing 2.22 acres and known as 2403 Mount Auburn Street. Tax Map 034-1-210-00-0 REPLACES Z-20-19 DISTRICT 1 1. The development must substantially conform to the concept plan filed with this application. 2. Provide a sidewalk on Montgomery Street that connects the proposed parking lot to the nearby intersection and meets ADA standards. 3. Any fencing above 4 feet in the front setback will require approval of a variance. 4. Any building encroachment in the front setback require variances from the minimum setback regulations. 5. The development must comply with the provisions of the Augusta Tree Ordinance. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular and Special Called Meetings held on June 24, 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 - 6t16t2020 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hon. Davis, member of Augusta Richmond County Commission. (Participates by telephone on ltem#32) INVOCATION: PLEDGE OF AILEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per deleeation DELEGATIONS A. Mr. Bryan Birmingham regarding Sunday Liquor Sales for bars.Item Action: Approved B ltcmApprovelsheet.html Motions Motion Motion TextI ype Motion to approve amending the alcohol ordinance to allow bars without Approve food sales to open and operate on all Sundays ofthe year by paying for the Sunday sales license. Motions Made By Seconded By Motion Result Commissioner John Clarke Commissioner Brandon Garrett Withdraws Motion Motion Text Made By Seconded By Motion Type Result Substitute motion to give bar owners Commissioner CommissionerApprove a25%o discount on D their licenses ror ;',1,ilL, ffi;; fiilii,,' withdraws the year. Motions Motion Made Seconded Motion i;;- Motion Text By By Resurt It was the consensus of the Commission that a working group consisting of Commissioners Clarke, Garrett, B. WilliamS, M.Williams and D. Williams be established to address the issue of a possible amendment to the alcohol ordinance to allow bars to be open on Sundays and report back to the Commission in 30 days. CONSENT AGENDA (Items l-12) PLANNING 1. FINAL PLAT SIMS LANDING PH. II 5-908 - A request for ltem concurrence with the Augusta Georgia Planning Commission to approve a Action: petition by Georgia Civil, on behalf of D. R. Horton, requesting final plat Approved approval of Sims Landing Ph. II. This residential subdivision is an extension of Sims Landing Subdivision located off Gordon Highway and contains 150 lots. DISTRICT 3 lB sims.odf IB ltemAoorovelSheet.html Motions Motionf-'^-- Motion Text Made By Seconded By f.'rlir"rype Approve Motion to approve. Mr. Commissioner Commissioner Passes Fennoy, Ms. Davis and Marion Ben Hasan Williams Mr. Frantom out. Motion Passes 7-0. 2. Z-20'15 - A request for conculrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Live River Action: Baptist Church requesting a Special Exception to bring an existing church Approved into zoning conformance per Section 26-1-(a) of the Comprehensive Zoning Ordinance for August4 Georgia affecting property containing 1.8 acres and known as 3404 Jack Kelly Road. Tax Map 156-0-044-00-0 DISTRTCT 6 l. The conceptual site plan is considered for illustrative purposes of the present zoning action only. 2. A site plan shall be submitted that meets all applicable City codes and regulations before land disturbing permits may be issued. 3. 3. The need for and placement of all curb cuts shall be approved by Augusta Traffic Engineering. 4. Surface parking and maneuvering area materials shall be subject to the approval of the Augusta Engineering Department. 5. If any outdoor lighting fixtures servicing the church and/or parking lot are planned they shall be directed downward and not toward nearby residences. B z-20-l5.odf tB ItemApprovalsh€ct,html Motions Motion Motion Textr ype Made By Seconded By Motion Result Motion to approve. Mr. ^^ -Fennoy, Ms. Davis and Lommlsslonel CommissionerApprove Mr. Frantom out. Ben Hasan Passes Motion Passes 7-0. wllllams 3. Z'20'17 - A request for concurence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Paul E. Action: Johnson requesting a change of zoning from Zone P-l (Professional Office) Approvedto Zone B-1 (Neighborhood Business) affecting property containing 0.59 acres and known as 3408 Peach Orchard Road. Tax Map 133-l-026-00-0 DISTRICT 6 1. The only B-1 (Neighborhood Business) use of the property shall be for a child care center or those uses permitted in the current P-l (Professional) Zone. 2. The facility must receive and maintain a license by the Georgia Department of Early Care and Learning - Bright from theStart. 3. The facility must receive and maintain a local business license. 4. A minimum of 8.5 parking spaces along with drop off and pick up spaces must be clearly marked and kept separate from any outside area used by the children. 5. Adequate fenced play area must be provided in the rear of the property and separated from any traffic flow. 6. The secondary access to Satcher Blvd. must be kept clear and available as needed. 7. Signage may only be allowed under the current P-l (Professional) regulations. 8. Hours of operation shall be limited to 6:00 a.m. to 7:00 p.m. E z-20-l7.odf B ltcmAoorovrlSheet.html Motions Motion--""-" Motion Text'l'ype E z-20-18.odf B ltemAoorovelSheet.html Motions Motion Motion Text'l'ype Approve Motion to approve. Mr. Fennoy, Ms. Davis and Made By Seconded By Seconded By Motion Result Motion to approve. Mr. A----- .---.----^- a ..-. ---- Fennoy, Ms. Davis and fiouTmsstoner commissionerApprove '#.'rrurtom out. s Manion Ben Hasan Passes Motion Passes 7-0. williams 4. Z-20-18 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Cranston Action: Engineering Group, on behalf of Augusta Arsenal Soccer Club, Inc., Approved requesting to amend the conditions from Z-02-l3l affecting property containing 6.53 acres and known as 3724 Benchmark Drive. Tax Map 029-0- 002-00-0 DISTRICT 3 l. The approximately 6.53 acre site substantially conform to the Site Plan submitted with the rezoning application. 2. A tree save area be required along the western boundary of the property between the soccer fields and the church property, substantially conforming to the tree save area on the Site Plan submitted with the rezoning applications, unless the church gives permission, in writing that the tree save area does not have to be retained. 3. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Made By Commissioner Marion Williams Motion Result Commissioner Passes Ben Hasan Mr. Frantom out. Motion Passes 7-0. 5. Z-20'23 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Ronnie Action: Powell, on behalf of Byron B. Mangum, requesting a change of zoning from Approved Zone A (Agriculture) to Zone B-2 (General Business) affecting property known as part of 2933 Gordon Highway and containing approximately 19.54 acres. Part of Tax Map 078-0-006-00-0 DISTRICT 3 l. Permitted uses included in the B-2 zone with exception of automobile service and repair establishments. 2. Sidewalks must be provided on at one side of the street within the development and comply with ADA standards. 3. Conduct a traffic study to assess where traffic signals or acceleration / deceleration lanes and roadway access are needed. 4. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 5. This development must conform to all aspects of the Augusta Tree Ordinance. 6. Direct commercial lighting of buildings, parking area and signs away from nearby residence areas. E z-20-23.odf B ltemAoorovalshert,html Motions Motion;--'-- Motion Textr ype Made By Seconded By Motion Result Motion to approve. Mr. A _.. ^ .t ennoy, Ms. Davis anJ ;oTmlsstoner CommissionerApprove Mr. Frantom out. Y3,11* Ben Hasan Passes Motion passes 7-0. williams 6. Z-20-24 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Ronnie Action: Powell, on behalf of Byron B. Mangum, requesting a change of zoning from Approved Zone A (Agriculture) to Zone R-3C (Multiple-family Residential) affecting property known as part of 2933 Gordon Highway and containing approximately 16.0 acres. Part of Tax Map 078-0-006-00-0 DISTRICT 3l. This development shall substantially conform to the concept plan filed with this application. 2. The development shall be limited to no more than 320 apartment units. 3. Sidewalks must be provided on at least one side of the street within the development and comply with ADA standards. 4. Conduct atraffic study to properly assess whether traffic signals or acceleration I deceleration lanes are needed. 5. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 6. This development must conform to all aspects of the Augusta Tree Ordinance. 7. This phase of development must have at least two points of access that directly connects to Gordon Highway. 8. Provide walking trails or pathways to connect areas of the development. @ z-20-24.odf B ItemAoorovalsheet.html Motions Motion ="""" Motion TextI ype B z-20-25.pdf B ltemApprovalsheet,html Motions Motion Motion Text'l'ype Made By Seconded By Motion Result Motion to approve. Mr. A^- -- -:--'^-^^- ^ Fennoy, Ms. Davis and uommlssloner commissionerApprove Mr. Frantom out. Marlon Ben Hasan rasses Motion passes 7-0. williams Ben Hasan 7. Z-20-25 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Ronnie Action: Powell, on behalf of Byron B. Mangum, requesting a change of zoning from Approved Zone A (Agriculture) to R-lE (One-family Residential) affecting property known as part of 2933 Gordon Highway and containing approximately 26.93 acres. Part of Tax Map 078-0-006-00-0 DISTRICT 3 l. This development shall substantially confirm to the concept plan filed with this application. 2. The development shall be limited to no more than 179 townhome units. 3. Sidewalks must be provided on at least one side of the street within the development and comply with ADA standards. 4. Conduct a traffrc study to assess whether traffic signals or acceleration / deceleration lanes are needed. 5. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 6. This development must conform to all aspects of the Augusta Tree Ordinance. 7. This phase of development must have the necessary parking including suitable locations and placement of overflow parking. 8. This development must meet all open space requirements. These areas do not include stormwater detention. Motion ResultMade By Seconded By Approve Motion to approve. Mr. Commissioner Commissioner Passes Fennoy, Ms. Davis and Marion Ben Hasan Mr. Frantom out. Williams Motion Passes 7-0. 8. Z-20'26 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Nelson Action: Darden, on behalf of Nelson Darden and Cynthia Burrus, iequesting a change Approvedof zoning from zone R-l (one-family Residential) to zone R-MH (Residential Manufactured Home) affecting property known as 4609 Rambling Rose Circle South and containing 9.65 acres. Tax Map 194-0-036- 07-0 DISTRICT 8 l. Only one home, manufactured or stick-built, shall be allowed on the subject track. 2. The 9.65 acre subject property cannot be furthered subdivided. 3. The manufactured home shall be owner occupied; the manufactured home cannot serve as a rental unit, nor can rooms within the manufactured home be rented. 4. When Mr Darden ceases to live in the manufactured home, he, or his family, will have 90 days to remove the manufactured home from the property. 5. The manufactured home shall be placed as close as possible to the spot where a home was before so as to not be visible to residents of Rambling Rose Subdivision. Et z-20-26.odf IB ItemAoorovalsheet.html Motions Motion Motion TextI ype Made By Seconded By Motion Result Motion to approve. Mr. A -a Fennoy, Ms. Davis and fioT*tt'ontt CommissionerApprove Mr. Frantom out. Y3,1,:, Ben Hasan Passes Motion passes 7-0. williams 9. Z-20-27 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Katherine Action: Calamos requesting a change of zoning from Zone A (Agricultuie) to Zone Approved B-2 (General Business) affecting property known as 3619 Peach Orchard Road and containing 0.93 acres. Tax Map 155-0-043-00-0 DISTRICT 6l. The conceptual site plan is considered for illustrative purposes of thepresent zoning action only. A site plan shall be submitted tltat meets all applicable City codes and regulations before land disturbing/building permits may be issued. 2. Surface parking and maneuvering area materials shall be subject to the approval of the Augusta Engineering Department. The width ofthe driveway entrance shall be determined by augusia Traffic Engineering and if it must be widened must be approved by G-DOT. 3. If any outdoor lighting fixtures for the parking lot or storage building are planned they shall be directed away from residences located to the rear of the subject property. E z-20-27.odf [B ItemAnorovalSheet.html Motions Motion Motion Text'l'ype Seconded By f."rlilMade By Motion to approve. Mr. ^--- - :--:--^^- ^ Fennoy, Ms. Davis and flouTmsstoner CommissionerApprove ffil'rrun om out. * Ma,rion Ben Hasan Passes Motion Passes 7-0. williams 10. Z-20-28 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Jonathan Action: Crawford, on behaf of Governor's Place Partners, LLC, requesting to amend Approved the concept plan presented for R-lD (One-family Residential) Zoning as part Z-17-29 to establish a subdivision amenity area in Governors Place iffecting property known as part of 1102 George W. Crawford Drive containing 0.40 acres. Part of Tax Map 066-0-056-04-0 l. The property shall have a sign posted on George W Crawford Drive and on Adelle Court stating "Future Home of Clubhouse/Amenity Area" before any lots are sold and until the amenity area is built and a Certificate of Occupancy (CO) is issued. 2. The property line between 172 Adelle Court and the amenity area shall be flagged every 20', and the proposed location of the clubhouse shall be flagged to clearly identity the common property line and the close proximity of the amenity area to 112 Adelle Court until such time as the ilubho6. is built or 112 Adelle Court is sold, whichever occurs first.3. A fence and solid vegetative screen (trees and shrubs) per the requirements of the Augusta Tree Ordinance for side buffers shall be required along the western and northern property lines of the amenity area, adjacent to residential lots. 4. A streetyard meeting the requirements of the Augusta Tree Ordinance will be required along George W Crawford Drive and along Adelle Court to reduce noise for nearby residential lots. 5. The pool area must meet all State of Georgia and Richmond County Health Dept. codes for safety and ADA compliance. Hours of operation for the pool shall be clearly posted and all outdoor activities must cease at 11:00 pm. 6. Signage for the amenity area must meet Richmond County Health Dept., City of Augusta code and Comprehensive ZoningOrdinance regulations. 7. Lighting shall be designed to be directed away from adjacent residentially zoned/developed properties. There shall be no "light trespass" for any after-hours security lighting utilized by the amenity area. Light levels at the property line should not exceed 0.1 footcandles (fc). 8. On-street parking spaces proposed along Adelle Court must be approved by the Traffic Engineer and the Augusta Engineering Department or it will not be allowed. 9. There shall be no parking signs posted along George W Crawford Drive and along Adele Court within 125' of the subject property in all directions to discourage parking from the amenity area in front of adjacent residential lots. 10. Due to the vast number of lots in Governor's Place Subdivision, golf cart parking, at a rate to be set by the Director of Planning and Development, must be provided onsite adjacent to the proposed onsite parking area. This area may be grassed, but parking spaces must be clearly delineated with wheel stops and the riding surface in this area must be sufficient to support the weight of a golf cart, either by use of grass mats, porous grass pavers, grass protection mesh, or some other mechanism sufficient to keep the area from rutting and / or prevent degradation of the golf cart parking area due to weather or frequent use. Signage must denote the requirement for golf carts to park in the golf cart parking area I 1. The amenity area (office/clubhouse, pool and parking) shall meet all applicable City codes and regulations at the time of plan submittal. E z-20-28.odf B ItemAonrovalsheet.html Motions Motion Motion Textr ype seconded By HTiiMade By Motion to approve. Mr. Fennoy, Ms. Commissioner Approve Davis and Mr. Marion commissioner Frantom out. williams Ben Hasan Passes Motion Passes 7-0. 11, Z-20-29 - A request for concurence with the Augusta Georgia Planning ltem Commission to approve with the conditions below a petition by Joseph Elam Action: requesting a change of zoning from Zone A (Agriculture) and Zone R-lB Approved (One-family Residential) to Zone B-1 (Neighborhood Business) to establish a child day care center affecting property containing 2.82 acres and located at 1609 Barton Chapel Road. Tax Map 053-0-058-00-0 DISTRICT3 1. A site plan shall be submiued that meets all applicable City codes and regulations before land disturbing permits may be issued. 2. The need for and placement of all curb cuts shall be approved by Augusta Traffic Engineering. E z-20-29.odf E Motions [,oil" Motion Text Made By seconded By f.".tilr ype Motion to approve. Mr. Fennoy, Ms. Commissioner ^Approve ffilil:#' Y?ffi, ;:fil::';"' Passes Motion Passes 7-0. PETITIONS AND COMMUNICATIONS 12. Motion to approve the minutes of the regular and Special Called Meetings ltem held on June2,2020. Action: Approved B Calkd Commission Meetinq June 2 2020.ndf E Resular Commission Meetins June 2 2020.odf lE ltemAoorovatsheet html Motions []i1" Motion Text Made By seconded By Hif'I ype Motion to approve. Mr. Fennoy, Ms. Commissioner A-- ----:--:^-^^-. Approve ffi,;ffi:y. U?,1;L, ;:fff::f"' Passes Motion Passes 7-0. ** **END CONSENT AGENDA**** AUGUSTA COMMISSION 6n612020 AUGUSTA COMMISSION REGULAR AGENDA 6116t2020 (Items 13-43) PLANNING 13. Z-20-01 - A request for concurence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by WSM Action: Ventures, LLC, on behalf of Evans Best, LLC, requesting a change of Approved 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 0ll-0-025-02-0 DISTRICT 7 l. The current development standards and regulations shall be met when submitting a site plan. (Deferred from the May 51 2020 Commission Meeting to June 16th meeting) E z-20-0l.odf E ltemApprovelsheet.html Motions f#:'" Motion rext Made By Seconded By fffil Motion to delete this Derete itr#[il'#3.8:1;, $:Tilssioner commissioner and Mr. Frantom out. Williams Ben Hasan Passes Motion Passes 7-0. PUBLIC SERVICES 14. Approve contract modification to correct an error in the Airport's Parking Item Canopy Project to correspond with the approved bid award in the amount of Action:S298,917.00. Approved El 2020-16-06 Vikitrq Ensineerins Contract Modification.pdf B 2020-16-06 Executed Vikins Enqineerins Contrect 20l9.pdf lB 2019-21-05 l9-139A Bid price Tabutrtion officiat.pdf E sKM c6s82oo6lot836o.pdf E ltemAonrovalsheet html Motion to approve. Mr. Fennoy, Ms. Commissioner A-____-_.__:__ -__ Approve ffi';il:ff' $?,1',:L, ;:rffi::f"' Passes Motion Passes 7-0. 15. Discuss additional requirements/policies the Commission can implement to Item hold vacant and abandon lot owners more accountable for upkeep of their Action: property. (Requested by Mayor Pro Tem Sean Frantom) Approved B 2020-19-05 Agenda ltem Mayor Pro Tem Frantom Covid 19 sidewalk requ€st.pdf IF ItemApprovalsheet.html Motions f#:" Motion rext Motions f#:"' Motion rext E Temoorarv Reduction of Rent for Marina Ooerator.odf El ltemAoorovalsheet,html Motions Motion Motion Type Text Made By Seconded By Made By Seconded By Motion Result Motion Result Motion Result Motion to approve tasking staff with exploring implementation of a blight/vacancy tax by A. : .: _ . _ ^u- : uommlssloner uommlssloner. the Commission. Ms.Approve puui, and Mr. Frantom '#,1,?L, #?,1',:;, Passes out. Voting No: Commissioner John Clarke. Motion Passes 7-1. 16. Request for Rent Relief-Olde Town Pickers. Item Action: Approved Seconded By Approve Motion to commissioner commissionerapprove. John Clarke Sammie Sias No action is taken on this motion due to the passage of the substitutemotion. Motions Motion '--.- -__ Motion Textrype Substitute motion to approve charging half of the rental rates for the months of April and May. Ms. Davis and Mr. ^ Frantom out. ^PProve voting No: Commissioner Brandon Garrett, Commissioner Dennis Williams. Motion Passes 6-2. Made By Seconded By Motion Result Commissioner William Fennoy Commissioner Ben Hasan Passes 17. Approve changing the name of the Augusta Common park to "Breonna ItemTaylor, Ahmaud Arbery and George Floyd Memorial Park" to include an Action:appropriate marker. (Requested by commissioner Bill Fennoy) None E ItemApprovalsheet.html Motions f#:" Motion rext No action was taken on this item. 18. Discuss the desolate condition of perry Ave. between l lth &(Requested by Commissioner Marion Williams) Made SecondedBy By Motion Result Streets. Item Action: Approved l2th lE ItemAoorovalsheet.html Motions Motion rr____ _ Motion Textlype Motion Result Made By Seconded By Motion to aPProve tasking staff with exPloring the implementation of a blight/vcancY tax bY the Approve Commission. Ms. Davis and Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 7-1. ADMINISTRATIVE SERVICES 19. Abolish the Augusta Land Commissioner Marion Williams) Commissioner Commissioner Bobby Williams Marion Williams Passes Bank Authority. (Requested by Item Action: Rescheduled E ltemAoorovalSheet.html Motions Motion;"""" Motion Textrype Made Seconded Motion By By Result 20. It was the consensus of the Commission that this item be referred to the next meeting. Discuss the city's discrimination against minorities and by Commissioner Marion Williams) women. (Requested Item Action: Tabled B ItemApprovalsheet.html Motions Motion Motion Text'l'ype It was the consensus of the Commission that this item be tabled at this time. Made Seconded Motion By By Result 21.Discuss covlD-19 Small Business Relief Program. (Requested Hardie Davis, Jr.) by Mayor Item Action: ApProved lB ItemApprovalsheet html Motions Motion Type Motion Text Motion to approve Approve the recommendations. No action is taken on this motion motion. Motions Y:i'I" Motion TextI ype Approve Motion to approve the recommendations with the replacement of Margaret Woodard on the commiffee membership with James Heffner. (Recommendations include loans up to $5,000, online application process to begin on June 17,2020, applications and funds will be processed by the committee weekly until applications or funds have been exhausted, committee will provide the Commission with a bi-weekly report showing which businesses have received funding and committee members to include Joey Cummings, Sue Parr, James Heffiter, Timothy McFalls, Sr., Jay Forrester and Daryl Rolle) Ms. Davis and Mr. Frantom out. Voting No: Made By Seconded By Commissioner Commissioner Brandon Garrett John Clarke due to the passage of the substitute Motion Result Made By seconded By f;Xil Commissioner Commissioner passes Ben Hasan Bobby Williams Commissioner John Clarke, Commissioner Brandon Garrett' Motion Passes 6-2' 22. Discuss possible ways and means city government can guide or offer Item financial aid and assistance to locally o*.dButs for recovery and continued Action: operations after state ordered closure is |ifted. (Requested by Commissioner Approved John Clarke) B 2020-02-06 Comm. Clarke Assistrnce for local Bars'pdf IB ltemApprovrlSheet.html Motions Motion Motion Text Type Made By Seconded BY Motion Result Motion to aPProve amending the alcohol ordinance to allow bars without Commissioner Approve food sales to open John Clarke on all SundaYs ot the Year bY PaYing for the SundaY sales license. Motions Motion Motion TextType Substitute motion to give bul -^ . commissioner. owners a 25"h . DennisAPProve discount on their ''*"r'r'il_, licenses fbr the year. Motions Motion Motion TextType It was the consensus of the Commission that a working grouP Made By Seconded BY Commissioner Brandon Garrett Withdraws Motion Result Commissioner Bobby williams withdraws Made Seconded Motion By BY Result 23. consisting of Commissioners Clarke, Garrett, B. WilliamS, M. Williams and D. Williams be established to address the issue of a possible amendment to the alcohol ordinance regarding bars opening on Sundays and report back to the Commission in 30 days. Erect a Memorial Wall in honor of Augustans who 19. @equested by Commissioner Bitt Fennoy) lE ItemAoorovatsheet.html Motions $|ion Motion TextI ype {B Mrsk Ordinance draft S-14-2020.odf [B ItemAonrovalsheet html Motions Motion Type Motion Text Made By Deny Motion to deny the Commissioner ordianance as written Brandon and strongly Garrett encourage people entering governmental buildings to wear masks. Mr. Sias lost their lives to COVID- Item Action: Tabled Made Seconded MotionBy By Result It was the consensus of the Commission that this item be tabled at this time. 24. DENY AN ORDINANCE TO REQUIRE THAT FACE COVERINGS ItEMOR MASKS BE WORN IN AUGUSTA, GEORGIA GOVERNMENTAL ACtiON:BUILDINGS DURING TIIE COVID-I9 puBLIC HEALTH DisapprovedEMERGENCY AND RECovERy. (Requested by commissionerBrandon Garrett) seconded By lt'.Xil Commissioner Fails John Clarke abstains. Ms. Davis out. Voting No: Commissioner William Fennoy, Commisioner Sean Frantom, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 4-4 -1. Motions SecondedMotion Motion TextType rvrvrrvrr r LAr BY Substitute motion to . approve extending CommissionerAPProve th. Muyo.', Ben Hasan executive order. E 2019 Information Technoloqy Annual Report.pdf B ItemApprovalSheet.html Motions Motion lVlotion Text'l'vne It was the consensus of the Commission that this item be received as information. Motion Result Dies for lack of Second PUBLIC SAFETY 25. present the 2}lg Information Technology Annual Report and an update on Item the Information Technology Strategic Plan. Action: Approved Made Seconded Motion By By Result 26.Update from Chief Chris James regarding what steps .uutu..t from the coast in case of a major weather Commissioner Bill FennoY) are we taking to accePt Item event. (Requested bY Action: Tabled E ltemAoorovalSheet.html Made Seconded Motion By By Result It was the consensus of the Commission that this item be tabled at this time. 27. Read and adopt 2019 Ordinance, number of alarm system requirement, Item regulations and penalties. (Requested by Commissioner John Clarke) Action: Approved Motions t'J:" Motion rext lB 2020-16-06 Comm. J. Clarke Alarms.pdf B ltemAoorovalsheet html Motions Motion Motion Text'r'ype Made Seconded MotionBy By Result 28. It was the consensus of the Commission that this item be received as information without objection. Motion to approve Augusta-Richmond County FY21 for state inmates being housed at the Richmond lnstitution. Capacity Agreement Item County Correctional Action: Approved E Augusta.Richmond Countv.FY2l.doc E ltemApprovalsheet.html Motions Motion Motion Textlype Motion to approve. ^ Ms. Davis and Mr.ADDTOVCt r Frantom out. Motion Passes 8-0. FINANCE 29. Commissionerilil; Passes Made By Commissioner Marion Williams Seconded By Motion Result Discuss the upcoming COLA Commissioner Ben Hasan) for city employees.(Requested by Item Action: Approved B ltemAoorovalsheet.html Motions Motion------ Motion TextI ype Motion to approve effective July l, 2020. Ms. Davis and Mr. Frantom out. ^ Votine No:ADDTOVCI I Commlssloner John Clarke, Commissioner Brandon Garrett. Motion Passes 6-2. Motions Motion--"-- Motion TextI ype Substitute motion to delay passage of this item until the City knows more about their financial standing. Voting No: Commissioner William Fennoy, Commissioner Defer Ben Hasan, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Fails 2-6. Made By Seconded By Motion Result Commissioner Sammie Sias Commissioner Ben Hasan Passes Made By Seconded By Motion Result Commissioner Brandon Garrett Commissioner John Clarke Fails 30.Present the financial reports for three month period ended March Motions Motion ,T,_._ - Motion TextI ype the year ended 31,2020. December 31,2019 and the Item Action: None lB Financial Renort Srrmmcrv nar E 12-31-2019 Finenoiat Rannrth,rr E 3-31-2020 Financial Rcport.pdf E ItemAnnrovalsheet html Motions MotionType Motion Text B E ltemAnprovrlsheet html Seconded MotionBy Result Made By A presentation was made by Ms. Williams. 31' Approve entering into Memorandum of Understanding (MoU) with a localNon-profit organization (Greater Augusta Arts Councii) to createopportunities for Augusta citizens' participation in activiiies that aredesigned to reduce pollutants in local *ut..*uys and authorize Mayor to signMOU as requested by the Augusta Engineering Department. (Deferred fromthe June 2 Commission meeting) Item Action: Approved Made By Seconded By Motion Result Motion to approve. Ms. Davis and Mr. Frantom out. Voting No: Approve Comriissioner -CommissionerJohn Clarke, Ben Hasan Commissioner Marion Williams. Motion passes 6-2. Commissioner William Fennoy Passes 32. Request by Dixon Airline Recycling .oniitt.ncy to operate a construction and by Commissioner Brandon Garrett) and Disposal for a letter of Item demolition landfill. (Requested Action: DisaPProved seconded By f}tjil B ItemAPorovalSheet.html Motions Motion Motion Textrype Motion to aPProve. Mr. Hasan abstains. Voting No: Commissioner William FennoY, . CommissionerApprove Sammie Sias, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Fails 5-4 -1. 33. Discuss the flooding of the Commissioner Bill FennoY) Commissioner Eails John Clarke r'' Made By Commissioner Brandon Garrett Cedar Grove Cemetery. (Requested by Item Action: Tabled B ItemApprovalSheet.html Motions Motion Motion Text'l'vpe Made Seconded Motion By By Result It was the consensus of the Commission that this item be tabled at this time. 34. Discuss dire need of continuous maintenance mowing and general work Item performance to maintain aesthetically pleasing_ results for city maintained Action: cemeteries, Magnolia, Cedar Grove- and Westview' (Requested by Tabled Commission John Clarke) E 2020-02-06-Comm. Clarke Cemeteries'Ddf B ltemApprovalsheet html Motions Motion Motion Text Made Seconded MotionlYPe By By Result It was the consensus of the Commission that this item be tabled at this time. 35. Discuss schedule for the repairing, grass cutting and general maintenance of ltem the Mims Road sidewalks. Sidewalks, in question run between Hephzibah- Action: McBean Road to the end of sidewalk toward Peach Orchard Rd. (Requested Tabled by Commissioner John Clarke) E ltemAonrovalsheet.html Motions Motion f,f,_1!- , m Made Seconded Motion-^"""" Motion Text'r'ype By By Result It was the consensus of the Commission that this item be tabled at this time. 36. Update from Environmental Services Department regarding the process for Item vacant lots grass cutting. (Requested by Commissioner Bill Fennoy) Action: Approved B ItemApprovalsheet.html Motions X:11"' Motion Text Made By seconded By Motionf'YPe ----- -r Result Approve Motion to approve Commissioner Commissioner Passes tasking staff with the Bobby Marion implementation of a Williams Williams blight/vacancy tax by the Commission. Ms. Davis and Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 7-1. APPOINTMENT(S) 37. Motion to approve the reappointment of Mr. Butch Gallop and the Item appointment of Mr. Charles Lamback to fill the seat held by Mr. Terr), Elam. Action: (Requested by Commissioner Ben Hasan - deferred from the June 2 Approved Commission meeting) B Develooment 2019 Authoritv of Richmond Countv (Aususta Economic Development Authoritv l9),odf B ltemAonrovalsheet.html Motions Motion;"--".. Motion Text Made By'l'ype Seconded By Motion Result Motion to approve. Ms. Davis and Mr. Frantom out. Approve Voting N;;" Commissioner Commtsstoner r)-- co-*illlon., Ben Hasan John Clarke rasses Marion Williams. Motion Passes 7-1. Motions Seconded Motion By Result Dies for lack of Second Motion Motion Text'l'ype Substitute motion to . aopoint Mr.APProve la*uact to the Authority. Made By Commissioner Marion Williams ADMINISTRATOR 38. Update on recruitment process for the Director of Augusta Recreation. Item (Requested by Commissioner Marion Williams) Action: None IE ItemAoprovalSheet.html Motions Motion Type Made By Seconded Motion By ResultMotion Text An update is received by the Commission. 39' update from staff on sPlosr 8 in light of new March 2021 election date. Item(Requested by Commissioner Marion Williams) Action: Disapproved E E ItemAoorovalsheet.html Motions Motion Text Made By Seconded By Motion Result Motion to approve holding the SpLOST election date in November of 2021. Ms. Davis out. Voting No: Commissioner Approve John Clarke, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Dennis Williams. Motion Fails 5-4. Motion Type Commissioner Ben Hasan Commissioner Marion Fails Williams OTHER BUSINESS 40. To accept the mobile dog adoption van grant fromallow the Mayor to execute thi grant doJument, andto purchase the mobile dog adoption van. E PRooo266.pdf E E ltemAonrovelsheet html Motions +'Jr':'" Motion rexr the Stanton Foundation, Item approve to use the fund Action: Approved Motion Result Made By Seconded By Approve Motion to aPProve. Mr. FennoY, Ms. Davis and Mr. Frantom out. Motion Passes 7-0. Commissioner Commissioner Passes Marion Ben Hasan Williams ADDENDUM 41. Motion to adopt Resolution authorizing the settlement of all claims by Item Gregory stanley (claimant) in the aggregate sum of Sixteen Thousand Action: Dollars ($16,000.00) payable as follows-:-c..goty Stanley and the law offices Approved of Michael G. Hostillo Attorneys at Law, as afforney; further authorizing the Administrator to disburse the amount of Sixteen Thousand Dollars ($16,000.00); waiving Augusta, Georgia code of ordinances Sections in conflict for this instance only; and for other pufposes. Motions l#:"' Motion rext Made By Motion Text Motion to add Commissioner and approve. Sammie Sias Seconded BY Seconded BY Commissioner Ben Hasan Motion Result MotiontoaddCommissionerCommissionerApprove and approve. Sammie Sias Ben Hasan It was the consensus of the Commission that this item be approved without objection. 42. Motion to adopt Resolution authorizing the settlement of all claims by ltem Jamesha Howaid (claimant) in the aggregate sum of Twelve Thousand Action: Dollars ($12,000.00) payable as follows:lamesha Howard and George Bush Approved Law, p.C. as her attoiney; further authorizing the Administrator to disburse the amount of Twelve Thousand Dollars ($12,000.00), waiving Augusta, Georgia Code of Ordinances Sections in conflict for this instance only; and for other Pu[Poses. Motions Motion Type Approve Motion Result It was the consensus of the Commission that this item be approved without objection. 43. Approve authorizing the General Counsel to draft a Resolution in support of Item locating the National Rhythm & Blues Hall of Fame in Augusta, Georgia Action:for consideration on the June 24, 2020 meeting agenda. (Requested bV Approved Commissioner Marion Witliams) B ItemAonrovalSheet.html Motions Motion Motion TextI ype Motions |#:"" Motion rext Made Seconded MotionBy By Result Unanimous consent is given to add this item to the agenda. Made By Seconded By Motion Result Motion to approve. Mr. Fennoy, Ms. Commissioner Approve Davis and Mr. Marion Frantom out. Williams Motion Passes 7-0. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Commissioner Ben Hasan Passes 44. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. ins Meet Item Action: None www.augustaga.gov CALLED MEETING VIRTUAL/TELECONFERENCE Iune 16,2020 Augusta Richmond County Commission convened at 12:30 p.m., Tuesday, June 16,2020, the Honorable Hardie Davis, Jr., presiding. PRESENT: Hons. B. Williams, Gdrrett, Sias, Fennoy, M. Williams, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. ABSENT: Hons. Davis and Frantom, members of Augusta Richmond County Commission. Mr. Mayor: We'll call this meeting to order. The Chair recognizes Attomey Brown. 1. LEGAL MEETING A. Pending and potential litigation B. ReaI estate C. Personnel Mr. Brown: Good afternoon, Mayor and Commissioners. We request a motion to go into executive session to discuss personnel, real estate, pending or potential litigation. Mr. Hasan: So move. Mr. D. Williams: Second. Mr. Fennoy out. Motion carries 7-0. Mr. Mayor: Thank you. We will now pause and transition into closed session. IEXECUTTVE SESSTON] The Mayor called the meeting back to order. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mayor, Commission, we request a motion to execute the closed meeting affidavit. Mr. Hasan: So move. Mr. M. Williams: Second. Mr. Mayor: Thank you. Madam Clerk. Motion carries 8-0. Mr. Mayor: All right, Attorney Brown. Mr. Brown: Mr. Mayor, we would request a motion to approve the payment of $161554.50 to Augusta Georgia Economic Development Authority relative to the Master Lease and Sub-lease Agreement of Lake Olmstead and the funds shall come, be taken from the, Augusta's Contingency Fund. Mr. Garrett: So move. Mr. Hasan: Second. Motion carries 8-0. Mr. Mayor: All right, Madam Clerk, I don't think there is any other business before us at this point as Attorney Brown indicated. Thank you. [MEETING 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 June t6,2020. Clerk of Commission Commission Meeting Agenda 7/21/2020 2:00 PM District 4 Appt. Board of Zoning Appeals Department: Department: Caption:Motion to approve the appointment of Ms. Trina Jackson, to the Board of Zoning Appeals representing District 4. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Clerk of Commission Commission, Authorities, & Boards Talent Bank Application Title First Name * Middle Name * Last Name * Suffix Date Of Birth* Address* Home Phone* Work Phone Registered Voter* Marital Status * Education* Race * Gender * Occupation* Interests Commissions, Authorities, & Boards Ms. Trina Latasha Jackson 9/1/1971 City Augusta State / Province / Region GA Postal / Zip Code 30909 Country United States Street Address 1035 Amli Way Address Line 2 apt 104 7063942396 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 None Single Associates Black Female Paraprofessional Volunteer For*Board of Zoning Appeals Click add below to apply for more than one board. * * Email I currently have relatives working for the City of Augusta Yes No I currently server on an Augusta Board, Commission, or Authority Yes No I would like to receive an email confirmation of my submission. Yes No trinalatasha159@gmail.com Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-16 Department:Planning and Development Department:Planning and Development Caption: Z-20-16 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Mark Herbert, on behalf of the Estate of Waddell H. Pate, requesting a Special Exception in an R-1A (One-family Residential) Zone to develop single family lots not to exceed a density of 4 lots per acre per Section 9-2-(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 44 acres and known as 2345 Golden Camp Road. Tax Map 084-2-002-00-0 CONTINUED from June 1, 2020 DISTRICT 5 1. The subdivision development shall be limited to no more than 67 residential lots and no more than 4 units per acre at 65’ x 100’. 2. The subdivision development shall be required to have 27.97 acres of greenspace shall be permanently protected in perpetuity. 3. The site plan shall meet all applicable City codes and regulations including, but not limited to, Augusta Engineering and Augusta Utilities. 4. Exterior building design and materials shall include garages, brick, stone accents or similar features that substantially conform to nearby residences. 5. Sidewalks shall be installed along one side of each street in the development and meet ADA standards. Background: Analysis: Financial Impact: Alternatives: Recommendation:Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-20 Department:Planning and Development Department:Planning and Development Caption: Z-20-20 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Lorenz Quinn, on behalf of James Pond Properties LLC, requesting a change of zoning from Zone R-1 (One- family Residential, Zone B-2 (General Business) and Zone A (Agriculture) to Zone R-1C (One-family Residential) affecting property containing approximately 17.27 acres known as 4405 and 4414 Mike Padgett Highway. Tax Map 234-0-004-00-0 and 234-0-005-00-0 CONTINUED from June 1, 2020 DISTRICT 8 1. The overall development for Spirit Crossing Subdivision and the adjoining approximately 2.25 acre commercial site shall substantially comply with the Concept Plan submitted with the rezoning application. Density for the 17.04 acre tract to be rezoned to R-1C shall not exceed the 7.26 lots / acre. 2. Sidewalks shall conform to the Concept Plan submitted with the rezoning application and shall be constructed on both sides of all interior roads and both sides of the entrance road to Spirit Crossing Subdivision. Further sidewalks shall be constructed along the south side of Brown Road to the intersection of the subdivision with the proposed commercial tract. 3. Right turn lane into site from Brown Road will be required. If intent is to make streets public, then all residential street standards must be met (60’ RW, 31’ FL to FL). All interior streets (whether public or private) will need sidewalks on at least one side with ADA ramps at every corner. Depending on existing conditions, sidewalk may be required along property frontage on Brown Road and Mike Padgett. 4. No development whatsoever, including the detention basin, will be allowed in the 1% annual chance floodplain, wetlands or State Water buffer. 5. Finished floor elevations of all residential structures shall be 3’ above the BFE or 3’ above HAG, whichever is higher, as found on the Flood Insurance Rate Maps (FIRMs) for Augusta Georgia for the subject property. 6. The 181 trees proposed for the subdivision must be installed pursuant to the Concept Plan Cover Memo submitted with the rezoning application. Further, a streetyard will be required on the section of the subdivision fronting Mike Padgett Highway. Streetyard trees along Brown Road and along Mike Padgett Highway are required to be a minimum of 3” caliper, a minimum of 8’ in height and unbranched to 6’. All trees will be bonded with a Tree Establishment Bond for a period of 3 years to ensure their survivability. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-21 Department:Planning and Development Department:Planning and Development Caption: Z-20-21 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Lorenz Quinn, on behalf of James Pond Properties LLC, requesting a Special Exception in the R-1C Zone to establish develop 95 (66 single family lots and 29 attached townhomes) not to exceed a density of 7 units per acre per Section 11-2-(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 17.27 acres known as 4405 and 4414 Mike Padgett Highway. Tax Map 234-0-004-00-0 and 234-0-005-00-0 CONTINUED from June 1, 2020 DISTRICT 8 1. The overall development for Spirit Crossing Subdivision and the adjoining approximately 2.25 acre commercial site shall substantially comply with the Concept Plan submitted with the rezoning application. Density for the 17.04 acre tract to be rezoned to R-1C shall not exceed the 7.26 lots / acre. 2. Sidewalks shall conform to the Concept Plan submitted with the rezoning application and shall be constructed on both sides of all interior roads and both sides of the entrance road to Spirit Crossing Subdivision. Further sidewalks shall be constructed along the south side of Brown Road to the intersection of the subdivision with the proposed commercial tract. 3. Right turn lane into site from Brown Road will be required. If intent is to make streets public, then all residential street standards must be met (60’ RW, 31’ FL to FL). All interior streets (whether public or private) will need sidewalks on at least one side with ADA ramps at every corner. Depending on existing conditions, sidewalk may be required along property frontage on Brown Road and Mike Padgett. 4. No development whatsoever, including the detention basin, will be allowed in the 1% annual chance floodplain, wetlands or State Water buffer. 5. Finished floor elevations of all residential structures shall be 3’ above the BFE or 3’ above HAG, whichever is higher, as found on the Flood Insurance Rate Maps (FIRMs) for Augusta Georgia Cover Memo for the subject property. 6. The 181 trees proposed for the subdivision must be installed pursuant to the Concept Plan submitted with the rezoning application. Further, a streetyard will be required on the section of the subdivision fronting Mike Padgett Highway. Streetyard trees along Brown Road and along Mike Padgett Highway are required to be a minimum of 3” caliper, a minimum of 8’ in height and unbranched to 6’. All trees will be bonded with a Tree Establishment Bond for a period of 3 years to ensure their survivability. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Z-20-22 Department:Planning and Development Department:Planning and Development Caption: Z-20-22 – A request for concurrence with the Augusta Georgia Planning Commission to approve, with the conditions below, a petition by Lorenz Quinn, on behalf of James Pond Properties LLC, requesting a change of zoning from Zone B-2 (General Business) with conditions to Zone B-2 affecting property containing approximately 2.25 acres known as part of 4405 Mike Padgett Highway. Part of Tax Map 234-0-004-00-0 DISTRICT 8 CONTINUED from June 1, 20207 DISTRICT 8 1. The overall development for Spirit Crossing Subdivision and the adjoining approximately 2.25 acre commercial site shall substantially comply with the Concept Plan submitted with the rezoning application. Density for the 17.04 acre tract to be rezoned to R-1C shall not exceed the 7.26 lots / acre. 2. Sidewalks shall conform to the Concept Plan submitted with the rezoning application and shall be constructed on both sides of all interior roads and both sides of the entrance road to Spirit Crossing Subdivision. Further sidewalks shall be constructed along the south side of Brown Road to the intersection of the subdivision with the proposed commercial tract. 3. Right turn lane into site from Brown Road will be required. If intent is to make streets public, then all residential street standards must be met (60’ RW, 31’ FL to FL). All interior streets (whether public or private) will need sidewalks on at least one side with ADA ramps at every corner. Depending on existing conditions, sidewalk may be required along property frontage on Brown Road and Mike Padgett. 4. No development whatsoever, including the detention basin, will be allowed in the 1% annual chance floodplain, wetlands or State Water buffer. 5. Finished floor elevations of all residential structures shall be 3’ above the BFE or 3’ above HAG, whichever is higher, as found on the Flood Insurance Rate Maps (FIRMs) for Augusta Georgia for the subject property. 6. The 181 trees proposed for the subdivision must be installed pursuant to the Concept Plan submitted with the rezoning application. Further, a streetyard Cover Memo will be required on the section of the subdivision fronting Mike Padgett Highway. Streetyard trees along Brown Road and along Mike Padgett Highway are required to be a minimum of 3” caliper, a minimum of 8’ in height and unbranched to 6’. All trees will be bonded with a Tree Establishment Bond for a period of 3 years to ensure their survivability. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 20- 21: request by Marcy S. Adams for an on premise consumption Beer & Wine License to be used in connection with Homewood Suites by Hilton Augusta located at 1049 Stevens Creek Rd. There will be Sunday Sales. District 7. Super District 10. Background:This is an Existing Location. Formerly in the name of Stephanie L. Woolford. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of 1,945.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 20-22: request by Sohail Yoonas for a retail package Beer & Wine License to be used in connection with Augusta Food Mart located at 1659 Gordon Hwy. District 2. Super District 9. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 20-23: request by Manpreet Kaur for a retail package Beer & Wine License to be used in connection with Super Express # 3 located at 2545 Peach Orchard Rd. District 2. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Rita Patel. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 20- 24: request by Ahmed Ali Tharani for a retail package Beer & Wine License to be used in connection with Chevron Food Mart located at 1503 Gordon Hwy. District 2. Super District 9. Background:This is a New Ownership Application. Formerly in the name Jay Patel. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A. N. 20-25: request by Ankitkumar Patel for retail package Beer License to be used in connection with World of Beer located at 2819 Washington Rd. District 7. Super District 9 Background:This is an Existing Location. Adding Retail Beer. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $332.50. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 20- 26: request by Naushad Hooda for a retail package Beer & Wine License to be used in connection with Super Express #7 located at 1901 Gordon Hwy. District 5. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Ritaben Patel. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Alcohol Applicaton Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 20-27: request by Ashfaque Khan for a retail package Beer & Wine License to be used in connection with Shop & Go Mart located at 2061 Gordon Hwy. District 5. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Anil Allati. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Approval of Fleming Park Masterplan and Memorial Concept Department:Recreation and Parks Department Department:Recreation and Parks Department Caption:Motion to approve the Masterplan and memorial concept at Fleming Park to honor Melquan Robinson, Jr. Background:On November 19, 2019, the commission approved the Recreation and Parks SPLOST VII recommendations with first priority being Fleming Complex. Through discussions with the representatives of the Robinson family, the Recreation and Parks Department through Johnson, Laschober and Associates, P.C., presents the masterplan and memorial concept that honors the life of Melquan Robinson, Jr. through language provided by the Robinson family’s attorney. Analysis:This motion would allow for Augusta, Georgia to move forward with honoring Melquan Robinson, Jr. also addressing park improvements at the Fleming Complex. Financial Impact:$1.5 million from SPLOST 7 ($1.0M for Fleming Park; $0.5M for safety improvements and lighting) Alternatives:1. To approve 2. To deny request and direct the recreation and parks department to bring forth another concept. Recommendation:1. To approve Funds are Available in the Following Accounts: $1.0M for Fleming Park 329061110 - JL 217057213; $0.5M for safety improvements and lighting 329061110 REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Contract Extension Hall Marketing Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve a month to month contract extension with Hall Marketing to provide Airport marketing services. This will be until the contract or contractor is consummated. Background:There is a current procurement process initiated to renew this service, however, the process has been delayed twice. Because of Covid-19 and then a second delay is ongoing due to an unresolved protest by a company vying for the service. The Airport needs marketing services in this critical time prior to Masters . Analysis:The Augusta Aviation Commission voted to approve this in a Special Called Meeting on June 29, 2020 and would like to have the authorization to move forward. Financial Impact:Month to Month billing Alternatives:to Deny Recommendation:Augusta Aviation Commission recommends approval Funds are Available in the Following Accounts: 551081306-5412110 REVIEWED AND APPROVED BY: Cover Memo Cover Memo Date: June 25, 2020 To: Augusta-Richmond County Commission From: Mr. Herbert Judon, Airport Executive Director RE: CONTRACT EXTENSION REQUEST- HALL MARKETING The Augusta Regional Airport (AGS) is requesting approval for a month-to-month contract extension with Hall Marketing to provide Airport marketing services. The Airport is additionally requesting this month-to-month agreement extend until a new contract (or contractor) is consummated. The Hall Marketing contract recently expired and the Airport has had to subsequently cease many of its external marketing and communications efforts. The Airport does and/or has assumed some in-house marketing efforts including website management, some social media outreach, some online and digital productions and campaigns. The Airport’s external marketing contractor provides services such as media buys (digital, television, radio, & print), production of broadcast commercials (radio & television), and graphic artwork. There is a current procurement process initiated to renew this service. However, the process has been delayed twice. The first delay occurred in mid-March due to the temporary cessation of procurement activities related to the COVID-19 Pandemic. The second, and current delay, is ongoing due to an unresolved procurement protest by a company vying for the service. As a significant regional economic and quality of life driver, this is a particularly vulnerable time for the Airport. At the peak of the COVID-19 crisis, AGS’ passenger enplanements decreased approximately 95% compared to the same time the previous year. The Airport is currently experiencing approximately a 75% year-over-year decrease. However, there are some bright spots. The Airport continues to undergo an incremental reemergence of passenger traffic and the airlines have scheduled additional AGS capacity in July and August. However, the Airport (and airline industry) remain extremely vulnerable and this local vulnerability is exacerbated by the inability to comprehensively market and communicate. Some of the Airport’s critical near term marketing targets and concerns are as follows: 1) The communication and viability of our newer flights, Washington DC and Dallas. 2) Communicating to, and subsequently providing air service to, the remainder of the Army Cyber personnel expected to arrive this summer. 3) General industry recovery from COVID-19 impacts. 4) Issues related to Airport competition and capturing passengers in AGS’ catchment area. As it pertains to the Washington DC and Dallas service, the Airport worked vigorously to secure these flights, they are extremely important flights for our region, and maintaining them is of the utmost importance. The Washington DC service is suspended. However, the Airport expects it to return in the coming weeks. This is extremely critical to comprehensively market it in order to maintain and increase knowledge and user-ship. Commission Meeting Agenda 7/21/2020 2:00 PM Marina Lease Agreement Department: Department: Caption:Discuss city's Marina Lease Agreement. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Massage Operator Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Application: request by Kimberly W. Mathis for a Massage Operator License to be used in connection with Imagine That Massage Therapy located at 2215 Tobacco Rd. Ste I. District 4. Super District 9. Background:This is a New Application. Analysis:The applicant meets the requirements of the city of Augusta's Ordinance that regulated Massage Therapy. Financial Impact:The applicant will pay a fee of $155.00 for a Massage Operator License and a fee based on gross revenue. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Massage Operator License Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Application: request by Shakia C. Padgett for a Massage Operator License to be used in connection with Selah Massage & Bodywork located at 2315 Central Ave Ste C. District 3. Super District 10. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance that regulates Massage Therapy. Financial Impact:The applicant will pay a fee of $155.00 for a Massage Operator License and a fee based on gross revenue. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Massage Operator License Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Application: A request by Choa Tang for a Massage Operator License to be used in connection with H Massage located at 1944 B Walton Way. District 1. Super District 9. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance that regulates Massage Therapy. Financial Impact:The applicant will pay a fee of $155.00 for a Massage Operator License and a fee based on gross revenue. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Massage Operator License Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Application: request by Carla Lewis- Hawes for a Massage Operator License to be used in connection with Carla Lewis-Hawes, LMT located at 1250 Merry St. District 1. Super District 9. Background:This is a New application. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance that regulates Massage Therapy. Financial Impact:The applicant will pay a fee of $155.00 for a Massage Operator License and a fee based on gross revenue. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM 2020 - Motorgrader Lease - Engineering Department:Central Services Department-Fleet Management Division Department:Central Services Department-Fleet Management Division Caption:Motion to approve the lease of two Motor Graders from Yancey Brothers Company under a 36-month contract for a total cost of $171,720.00 for the Engineering Department - Maintenance Division. Bid Item 20-189 Background:The Engineering Department-Maintenance Division is requesting to lease two Motor Graders under a 36-month contract, as the current 60-month lease of two motor graders (Caterpillar 12M3 models, asset 215100 and 215101), approved in July of 2015, is set to expire and the need for the equipment still exists. The motor graders are used heavily on an almost daily basis and are critical in the maintenance of rural roads and used in various construction projects. Each individual unit totals $85,860 ($2,385 a month) for the 36-month contract; the total cost for the requested two units is $171,720 ($4,770 a month) over the 36-month period. This would be less than the cost of purchasing one new Motor Grader, approximately $230,000.00, and would ensure reliability by minimizing downtime. The Bid Tab Sheet is included for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for Motor Graders (Lease) with the following results: Bid 20-189 Motor Graders Lease: Yancey Brothers of Augusta, GA; 2020 Caterpillar 140, 2 at $85,860.00 totaling $171,720.00 Flint Equipment Company of Grovetown, GA; 2020 John Deere 7706, 2 at $156,024.00 totaling $312,048.00 Yancey Brothers Augusta 3-year lease program details as follows: 36 Monthly Payments of $4,770 for two units totaling $171,720.00 over 3 years. Financial Impact:2 assets leased at a total of $171,720.00 using the department’s operating funds - Equipment Rental;101-04-1260 /52.24219 Cover Memo Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the lease for two Motor Graders from Yancey Brothers of Augusta, Georgia for the Engineering Department- Maintenance Division. Funds are Available in the Following Accounts: 101-04-1260 /52.24219 (Engineering Maintenance Operating Budget - Equipment Rental. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo BID 20-189 Year 2020 2020 Make Caterpillar John Deere Model 140 7706 OPTION 1: 36 Month Lease Per Month $2,385.00 ea ($4,770.00 total) $4,334.00 ea ($8,668.00 total) Total Lease Cost $85,860.00 ea ($171,720.00 total) $156,024.00 ea ($312,048.00 total) Guaranteed Buy-Back N/A $286,759.00 OPTION 1: 48 Month Lease Per Month $2,330.00 ea ($4,660.00 total) $3,729.00 ea ($7,458.00 total) Total Lease Cost $111,840.00 ea ($223,680.00 total) $178,992.00 ea ($357,984.00 total) Guaranteed Buy-Back N/A $263,350.00 OPTION 1: 60 Month Lease Per Month $2,277.00 ea ($4,554.00 total) $3,419.50 ea ($6,839.00 total) Total Lease Cost $136,620.00 ea ($273,240.00 total) $205,170.00 ea ($410,340.00 total) Guaranteed Buy-Back N/A $234,089.00 Exceptions:NO YES Delivery Date 90 Days ARO 90-120 days FOB *Pricing submitted in response to Bid 20-189; Yancey Brothers pricing based on 1 unit Flint Equipment Company pricing based on 2 units Flint Equipment Company Grovetown, GA Yancey Brothers Augusta, GA FOR ALL DEPARTMENTS-Motor Grader Lease- BID OPENING 5/26/2020 @ 12:00 Invitation to Bid Sealed bids will be received at this office until Friday, April 17, 2020 @ 11:00 a.m. for furnishing for: Bid Item #20-189 2020/2021 Motor Grader Lease for Augusta, GA - Central Services Department – Fleet Maintenance Commodity Codes: 001-998-54, 013-760-06, 013-760-33, 023-975-34 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, April 3, 2020 @ 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 March 12, 19, 26, April 2, 2020 Metro Courier March 12, 2020 Commission Meeting Agenda 7/21/2020 2:00 PM 2020 - Utilities Construction - F550- Crew Truck Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the purchase of one Service Truck, utility body enclosed, from Wade Ford for $81,599.00 for the Utilities Department-Construction Division. Bid 20-167 Background:The Utilities Department-Construction Division is requesting the replacement of a 2009 Ford F450, asset number 209136, with 78,279 miles utilized for tending to job sites with necessary equipment. After the vehicle sustained damage to the diesel engine that would require replacement, the vehicle was recommended for disposal due to the cost of repairs and was put up for auction in 2019. The loss of asset 209136 has placed an undue burden on the ability to properly respond to job sites in a timely manner as needed. The bid tab sheet is attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a 2020 Service Truck, Enclosed Utility Style, 19,500GVWR (Bid #20-167). Invitations to Bid were sent to 26 vendors with only two vendors responding. The bid tab sheet is attached for your review. Bid #20-167: 2020 Ford F550, Wade Ford - $81,599.00; Rush Truck Center - $91,862.00 Financial Impact:1 at $81,599.00 using enterprise fund account; 506-04- 3410/54.22910 Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one Ford F550 for the Utilities- Construction Division. Enterprise fund account; 506-04-3410/54.22910 Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo 20-167 Year: 2020 2020 2020 2020 Make: Ford Ford International International Model: F550 F550 CV515 (Body Style 1) CV515 (Body Style 2) DELIVERY:24-26 WEEKS ARO 24-26 WEEKS ARO JUN/JUL 2020 JUN/JUL 2020 Base Price (5.01) Gas Engine $37,030.00 N/A Not Available Not Available Base Price (5.02) Diesel Engine N/A $45,582.00 $88,594.00 $91,862.00 5.03 Hvy Duty Cooling Pkg N/C N/C INCLUDED INCLUDED 5.04 Hvy Duty Elec Pkg N/C N/C INCLUDED INCLUDED 5.05 Hvy Duty Suspension Pkg $114.00 $114.00 INCLUDED INCLUDED 5.06 Trailer Tow Mirrors N/C N/C INCLUDED INCLUDED 5.08 Backup Camera $377.00 $377.00 INCLUDED INCLUDED 5.09 Roof Clearance lights N/C N/C INCLUDED INCLUDED 5.10 Black Running Boards $405.00 $405.00 INCLUDED INCLUDED 5.11 Hvy Duty Mats $258.00 $258.00 INCLUDED INCLUDED 5.12 Extra set of keys $190.00 $190.00 INCLUDED INCLUDED 5.13 Delivery Charge N/C N/C INCLUDED INCLUDED 5.14 Initial Operator Training $300.00 $300.00 INCLUDED INCLUDED 6.01 Fire Extinguisher $125.00 $125.00 INCLUDED INCLUDED 6.02 Outlet Receptacle $225.00 $225.00 INCLUDED INCLUDED 6.03 Elec Brake controller $225.00 $225.00 INCLUDED INCLUDED 6.04 Service Body $11,920.00 $11,920.00 INCLUDED INCLUDED 6.05 J-Hook Railing $622.00 $622.00 INCLUDED INCLUDED 6.06 Panel top for Utility Service Body $11,640.00 $11,640.00 INCLUDED INCLUDED 6.07 cargo tie Down D-Rings Install $816.00 $816.00 INCLUDED INCLUDED 6.08 Grab handles on Rear $100.00 $100.00 INCLUDED INCLUDED 6.09 Service Body Bumper INCLUDED INCLUDED INCLUDED INCLUDED 6.10 Spotlights $800.00 $800.00 INCLUDED INCLUDED 6.11 Trailer Wiring INCLUDED INCLUDED INCLUDED INCLUDED 6.12 Pintle hook $525.00 $525.00 INCLUDED INCLUDED 6.13 Pipe Vise $400.00 $400.00 INCLUDED INCLUDED 6.14 Spot Mirrors $20.00 $20.00 INCLUDED INCLUDED 6.15 Window Tint N/A N/A INCLUDED INCLUDED 6.16 Safety Cones (4 EA)$200.00 $200.00 INCLUDED INCLUDED 6.17 Master bar Locking System $645.00 $645.00 INCLUDED INCLUDED 6.18 Steel Drawer System $2,585.00 $2,585.00 INCLUDED INCLUDED 6.19 Tool Box Option N/A N/A INCLUDED INCLUDED 6.20 Cable Steps in Rear $250.00 $250.00 INCLUDED INCLUDED 7.01 Backup Alarm $75.00 $75.00 INCLUDED INCLUDED 7.02 Magnetic LED Light $500.00 $500.00 INCLUDED INCLUDED 7.03 LED Top Mount Light $500.00 $500.00 INCLUDED INCLUDED 7.04 Traffic Advisor light Bar $2,200.00 $2,200.00 INCLUDED INCLUDED TOTALS:$73,047.00 $81,599.00 $88,594.00 $91,862.00 FOR ALL DEPARTMENTS-SERVICE TRUCK, ENCLOSED UTILITY STYLE - BID OPENING 3/6/20 @ 11:00 Rush Truck Center, Augusta, GAWade Ford Inc., Smyrna, GA Invitation to Bid Sealed bids will be received at this office until Friday, March 6, 2020 @ 11:00 a.m. for furnishing for: Bid Item #20-162 2020/2021 Tow Behind Top Dresser – Central Services Department – Fleet Maintenance Commodity Codes: 004-065-79, 013-765-64, 013-765-66, 022-515-75 Bid Item #20-167 2020/2021 Service Truck, Enclosed Utility Style, 19,500 GVWR – Central Services Department – Facilities Maintenance Commodity Code: 004-072-00 Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, February 21, 2020 @ 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 30, February 6, 13, 20, 2020 Metro Courier January 30, 2020 Commission Meeting Agenda 7/21/2020 2:00 PM 2020 Annual Bid Recommendation of Award Department:Procurement Department:Procurement Caption:Motion to approve annual bid for the Utilities Department. The item requires Commission approval due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid item requires Commission approval: Utilities Department, 20-066 Warehouse Supplies. Background:The item has been bid through the sealed bid process as directed in the Augusta Procurement Code. The User Department has reviewed the submittals and has presented a recommendation of award to the Procurement Department. Analysis:The User Department is responsible for the purchase of the items listed on the individual bids. Financial Impact: Alternatives:Not to award and require the User Department to follow the purchasing guidelines as listed in the Augusta Procurement Code for each individual purchase. Recommendation:Approve the recommendation as submitted by the User Department Funds are Available in the Following Accounts: Various funds provided by the User Department. REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo 2020 Annual Bid Recommendation of Award - Utilities Departments Administrative Svcs – Procurement 7/21/20 Motion to approve annual bid for the Utilities Department. The items require Commission approval due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid item requires Commission approval: Utilities Department 20-066 Warehouse Supplies The item has been bid through the sealed bid process as directed in the Augusta Procurement Code. The User Department has reviewed the submittals and has presented a recommendation of award to the Procurement Department. The User Departments are responsible for the purchase of the items listed on the individual bids. Not to award and require the User Departments to follow the purchasing guidelines as listed in the Augusta Procurement Code for each individual purchase. Approve the recommendation as submitted by the User Departments. Various funds provided by the User Departments. 2020 Annual Bid Approval Request - Phase 1-A 7/13/2020 Purpose: Sec. 1-10-58. Annual contracts. Local Vendors 2019 Amounts Budget 20-066 Core & Main Ferguson Waterworks Fortiline Waterworks $538,867.54 $1,000,000.00 $538,867.54 Utilities PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are:(1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non- professional services. Therefore, it is essential that maximum value be obtained for each public tax dollar spent. A proven technique for obtaining this goal is through the annual bid contract process, Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. Purchases on the following annual bid items will exceed $25,000.00 per order: Description Recommended Vendors Total Sec. 1-10-58. Annual Contracts. Purchases on the following annual bid items will exceed $25,000.00 per order. Warehouse Supplies Core & Main Ferguson Waterworks Fortiline Waterworks Lanier Supply Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. Invitation To Bid Sealed bids will be received at this office until Thursday, April 30, 2020 @ 11:00 a.m. for furnishing: BID ITEMS UTILITIES DEPARTMENT - ANNUAL CONTRACT COMMODITY CODE (Bid Items may have more parent codes) 20-066 Warehouse Supplies 012-320-00; 012-560-83 Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 535 Telfair Street - Room 605, Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department. Documents may be examined during regular business hours at Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or email to procbidandcontract@augustaga.gov to the office of the Augusta, Georgia Procurement DepartmenUtt by Friday, April 3, 2020 @ 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 sixty (60) days after bids have been opened. 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 March 12, 19, 26 and April 2, 2020 Metro Courier March 12, 2020 OFFICIAL Core & Main 3620 Milledgeville Road Augusta, GA 30909 Ferguson Waterworks 4188 Belair Frontage Road Augusta, GA 30909 Fortline Waterwork 1628 Barton Chapel Rd Augusta, GA 30909 Lanier Supply 450 West Hwy 64 Lakeland, GA 31635 Yes Yes Yes Yes Yes Yes Yes Yes 40635 261662 1203946 746024 Yes Yes Yes Yes Item #Est. Qty.Part Description 1 300 1" Corporation Stop FB 1000 or AY McDonald equal $59.21 $51.30 $51.03 $54.84 2 100 2" Corporation Stop, 7312 8B CC x MNPT $219.46 $174.27 $193.15 $192.35 3 200 3/4" Ford Ball $45.03 $33.64 $29.36 NB 4 600 3/4" Curb Stop FXF $31.39 $43.47 $43.85 $46.16 5 600 3/4" Curb Stop Compression $69.24 $50.42 $49.81 $51.94 6 600 1" Curb Stop FXF $85.83 $64.16 $64.56 $70.76 7 600 1" Curb Stop Compression $104.11 $71.07 $71.58 $78.78 8 200 3/4" Service Elbow Comp/MIP Thread L84-33 G $15.28 $12.88 $13.56 $14.15 9 200 1" Service Elbow Comp/MIP Thread L84-44 G $25.43 $22.25 $22.51 $23.55 10 200 3/4" Copper to Iron Compression C84-33 G $13.95 $11.57 $11.78 $12.92 Addendum 1 & 2 Brass Fittings VENDOR Attachment "B" E-Verify # SAVE FORM Bid Item #20-066 Warehouse Supplies - Annual Contract for Augusta Georgia - Utilities Department Bid Date: Friday, June 12, 2020 @ 11:00 a.m. Total Number Specifications Mailed Out: 28 Total packages submitted: 4 Total Noncompliant: 0 1 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 11 200 1" Copper to Iron Compression C84-44 G $16.53 $13.75 $13.96 $15.31 12 200 3/4" Copper to Copper Compression/Compression C44- 33 G $16.99 $14.13 $14.35 $15.74 13 200 1" Copper to Copper Compression/Compression C44-44 G $19.44 $15.82 $16.43 $18.00 14 2000 3/4" Female Iron Pipe x 1" Male Iron Pipe C18-34 $4.33 NB $4.58 $4.01 15 100 3/4' Curb Stop Flare B21-333W.$58.57 $52.63 $51.89 $54.25 16 100 1'' Swivel Nut (Female Flare Nut Thread) X CTS 4476S-22 $80.18 $24.61 $33.91 $87.87 17 100 1- 1/2" Ball Valve F x F B11-666 $152.41 $139.87 $135.59 $142.99 18 100 2” Ball Valve B11-777 $224.86 $189.38 $190.06 $208.28 19 500 Adapter, Meter, Brass 1" x 3/4"NB NB $8.93 NB 20 500 Bushing, Brass 1" IPS x 3/4" IPS $2.98 $2.59 $2.39 $2.45 21 100 Corp Stop, 3/4"$45.03 $39.10 $41.86 NB 22 100 Corp Stop, Slip, 3/4"NB $45.21 $41.86 NB 23 100 Corp Stop, Slip, 1"NB $59.49 $51.03 NB Item #Est. Qty.Part Description 24 100 3/4" PVC Coupling Sch #40 $0.33 $0.14 $0.24 NB 25 100 1" PVC Coupling Sch #40 $0.58 $0.27 $0.35 NB 26 100 3/4" PVC Female Adapter Sch #40 $0.52 $0.24 $0.33 NB 27 100 4" PVC Sewer Tee Wye Glue x Glue for 30/34 Pipe $5.30 $4.82 $4.57 $4.72 PVC Fittings 2 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 28 100 4" PVC Sewer Threaded Clean Out Plug for 30/34 Pipe $2.02 $1.83 $1.74 $1.79 29 100 4" PVC Sewer Female Adapter for 30/34 Pipe $3.31 $2.99 $2.86 $2.95 30 200 6" PVC Elbow 45 for 30/34 Pipe Glue x Glue $9.90 $8.98 $8.54 $8.80 31 200 6" PVC Elbow 45 for 30/34 Pipe Glue x Spigot $12.64 $11.49 $10.90 $11.26 32 200 6" PVC Clean Out w/Plug for 30/34 Pipe (Complete)$26.25 $23.36 $22.16 $8.99 33 200 6" PVC Sewer Tee Wye Glue x Glue for 30/34 Pipe $36.36 $33.10 $31.38 $32.40 34 100 4" PVC Elbow 45 Glue x Spigot for 30/34 Pipe $3.41 $3.10 $2.94 $3.03 35 100 6” PVC Elbow 22 1/2” Glue x Glue for 30/34 Pipe $12.07 $10.93 $10.41 $10.75 36 100 4” PVC Elbow 22 ½” Glue x Glue for 30/34 Pipe $2.76 $2.50 $2.38 $2.46 37 50 4” Backwater Valve (Sewer), PVC $25.35 $29.68 $46.32 $54.01 38 20 6” Backwater Valve (Sewer), PVC $183.22 $112.00 $251.58 $238.68 39 50 Flange Kit, Cast Iron, 1 1/2"$19.69 NB $18.93 NB 40 50 Flange Kit, Cast Iron, 2"$20.88 NB $24.19 NB 41 20 2"C87 -77-NL Cplg MIX x PJ PVC $90.53 $71.04 $73.20 $76.33 42 20 2" C17 -77NL Cplg FIP XPJ (PVC) $104.00 $81.63 $84.12 $87.68 43 20 2" C77-77NL Cplg PJ(PVC)$136.60 $140.42 $110.49 $115.18 44 100 1 Sch 80 90° elbow $1.56 $1.59 $1.80 NB 45 100 1 Sch 80 90° mip $0.95 $6.00 $4.40 NB 46 100 1 Sch 80 fip $2.73 $2.89 $3.25 NB 47 100 1 Sch 80 Coupling $1.90 $1.89 $2.22 NB Item #Est. Qty.Part Description 3 3 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 48 100 3/4" X 2" Galv Nipple $3.14 $1.23 $1.20 $0.66 49 100 2" Galv Allthread Nipple $2.24 $3.75 $2.20 $1.84 50 200 3/4" Galv Comp Coup (LS) Dresser $13.38 $21.51 $6.89 $5.95 51 200 1" Galv Comp Coup (LS) Dresser $15.21 $24.47 $9.14 $7.88 52 200 2" Galv Comp Coup (LS) Dresser $29.66 $47.69 $19.38 $16.73 53 75 3/4" Galv Comp Coup (SS) Dresser $15.86 $26.47 $6.00 NB 54 75 1" Galv Comp Coup (SS) Dresser $16.44 $35.73 $9.00 NB 55 100 1- 1/4" Galv Comp Coup (SS) Dresser $19.46 $36.17 $24.00 NB 56 100 1- 1/2" Galv Comp Coup (SS) Dresser $21.65 $38.76 $25.00 NB 57 100 2" Galv Comp Coup (SS) Dresser $31.25 $46.03 $19.00 NB 58 100 3/4" X 3" Galv Nipple $3.57 $1.39 $1.00 $0.73 59 100 3/4" X 5" Galv Nipple $5.48 $2.16 $1.50 $1.13 60 100 2" X 4" Galv Nipple $12.29 $4.81 $3.29 $2.52 61 100 2" X 6" Galv Nipple $18.20 $7.14 $4.90 $3.74 62 50 1- 1/2" X 1" Galv Bell Reducer $14.27 $7.34 $4.85 $3.53 63 50 1" X 3/4" Galv Bell Reducer $7.95 $4.16 $4.85 $2.00 64 50 1- 1/4" X 3/4" Galv Bell Reducer $17.84 $5.70 $2.74 $2.73 65 100 2 ½ x 6 Galv Nipple $39.60 $15.49 $10.65 $8.12 66 100 2- ½ x 4 Galv Nipple $32.34 $12.64 $8.67 $6.63 67 100 2 ½ x 2 Galv Nipple $26.80 $10.50 $6.58 $5.50 68 100 2 x 1 ½ Galv Bell Reducer $19.47 $10.01 $6.31 $4.81 69 100 1 ½ x ¾ Galv Reducer $14.27 $7.34 $4.83 $3.53 70 25 2 x 1 Galv Bell Reducer $19.47 $10.01 $6.58 $4.81 4 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 71 100 2" Galv Allthread Nipple $2.24 $3.51 $2.23 $1.84 72 100 2" Brass Allthread Nipple $7.77 $7.29 $6.25 $5.54 73 100 2" X 3" Brass Nipple $9.68 $8.88 $7.70 $6.90 74 100 2" X 4" Brass Nipple $12.67 $11.87 $10.09 $9.03 75 100 2" X 6" Brass Nipple $18.70 $19.60 $14.89 $13.33 Item #Est. Qty.Part Description 76 2000 3/4" Meter Coupling (5680 Hayes or Equal)$5.35 $4.94 $4.41 $3.80 77 7000 3/4" Meter Washer (Rubber)$0.07 $0.14 $0.08 NB 78 180 5/8" x 3/4" x 9" Meter Thread x Meter Thread 18-209 W. X.$108.71 $103.17 $85.51 NB 79 100 5/8 x 3/4" x 12" Meter Thread X Meter Thread 18-212 W. X.$112.53 $106.75 $89.28 NB 80 36 5/8 x 3/4" x 15" Meter Thread X Meter Thread 18-215 W. X.$117.26 $110.34 $92.79 NB 81 2000 3/4" x 1/32" Fiber Meter Washer $0.07 $0.10 $0.08 NB 82 400 1" Meter Coupling (5680 Hayes or Equal)$7.24 $9.63 $5.77 $5.60 83 36 5/8" X 3/4" x 7" Meter Thread x Meter Thread 18-215 W. X.$107.37 $100.86 $83.10 NB Item #Est. Qty.Part Description 84 50 Locking Ring and Cover (Bolt Down)$296.75 NB $189.00 NB 85 60 1" Manhole Ring Riser 24"$27.20 NB $21.95 NB 86 40 1- 1/2" Manhole Ring Riser 24"$35.00 NB $26.35 NB 87 60 2" Manhole Ring Riser 24"$42.50 NB $32.95 NB 88 30 6" Cement Grade Ring $47.50 NB $40.00 NB 89 30 4" Cement Grade Ring $38.13 NB $30.00 NB Meter Couplings, Washer and Re-setters Manhole Cover and Rings 5 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 90 30 2" Cement Grade Ring $30.63 NB $24.00 NB Item #Est. Qty.Part Description 91 100 4" Max Adaptor $64.98 $56.76 $50.79 NB 92 100 8" Fernco Coupling 8" Clay x 6" PVC $14.08 $19.35 $12.64 NB 93 75 6" Fernco Coupling 6" Clay x 4" PVC $9.98 $10.79 $8.02 NB 94 200 6" Fernco Coupling 6" PVC x 4" PVC $9.98 $10.76 $8.02 NB 95 120 6" Max Adaptor $96.78 $80.40 $75.65 NB 96 100 8" Fernco Coupling 8" Concrete x 6" PVC $20.24 $20.77 NB NB 97 100 8" Max Adaptor $127.75 $105.93 $99.68 NB 98 100 10" Max Adaptor $159.34 $138.89 $124.55 NB 99 100 12" Max Adaptor $191.17 $166.61 $149.43 NB 100 100 6" Fernco Coupling 6" Concrete x 4" PVC $9.98 $10.79 $8.02 NB Item #Est. Qty.Part Description 101 150 6" Hymax Coupling (642/768) HC $288.33 $204.20 $197.74 $206.26 102 30 8" Hymax Coupling (854/984) HC $326.52 $230.54 $223.26 $232.88 103 20 10" Hymax Coupling (1096/1226) HC $415.48 $334.40 $309.75 $323.09 104 10 12" Hymax Coupling (1315/1441) HC $507.68 $446.59 $413.68 $431.49 105 20 2" Hymax Coupling (210/303) HC $131.92 $91.22 $88.33 $92.14 106 20 4" Hymax Coupling (424/511) HC $218.36 $154.18 $149.31 NB 107 20 3" Hymax Coupling (364/433) HC $174.03 $120.33 $116.52 NB Item #Est. Qty.Part Description Fernco Coupling / Max Adaptor Hymax Coupling (Krausz) Valve Boxes and Tops 6 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 108 400 Valve Box w/tops Slip Type $45.00 $43.03 $40.00 NB 109 296 6” Concrete Valve Box Pad $12.50 $12.50 $11.45 NB 110 100 Valve Box Top Section w Tops Slip 15"$27.38 $22.00 $22.00 NB 111 100 1" Valve Box Riser $5.98 $6.15 $5.50 NB 112 100 1- 1/2" Valve Box Riser $6.77 $7.62 $6.50 NB 113 100 2" Valve Box Riser $7.65 $7.87 $7.50 NB 114 50 3" Valve Box Riser $15.05 $9.86 $10.00 NB 115 50 4" Valve Box Riser $16.88 $14.88 $16.00 NB 116 1000 Carson 10152012 1015-12 Plastic Body W/2" Touch Read hole in Lid (Complete)$18.31 $13.98 $15.00 NB 117 25 Jumbo Plastic Mtr Box (Complete)$58.97 $28.63 $35.00 NB 118 25 Super Jumbo Plastic Mtr Box (Complete)$125.81 $105.56 $104.00 NB 119 1500 Meter Box top W/2" Touch Read hole for Rome Box (10x19x10)$14.64 $8.57 $8.75 NB 120 1000 Meter Box top W/2" Touch Read hole and Rome Box (10x19x10) (Complete)$46.47 $30.91 $30.00 NB Item #Est. Qty.Part Description 121 10 3" x 15" Repair Band (346-370) Smith-Blair $88.39 $87.04 $86.74 $85.01 122 50 6" x 15" Repair Band (684-724) Smith-Blair $111.91 $110.20 $109.82 $103.78 123 50 6" x 15" Repair Band (684-764) Smith-Blair NB $183.36 $158.37 $103.78 124 50 6" x 15" Repair Band (705-7.45) Smith-Blair 226 $113.37 $111.61 $111.24 $103.78 125 50 6” x 15” Repair Band (656-696) Smith-Blair $106.82 $105.14 $104.81 $103.78 126 100 ½” x 3” Handiband Repair Band Smith-Blair 244 $16.80 $18.12 $16.50 $11.58 127 100 ¾” x 3” Handiband Repair Band Smith-Blair 244 $16.88 $18.35 $16.71 $11.73 Repair Bands 7 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 128 100 1” x 3” Handiband Repair Band Smith-Blair 244 $17.75 $19.42 $17.67 $12.41 129 100 2” x 3” Handiband Repair Band Smith-Blair 244 $20.29 $22.15 $20.27 $15.24 130 100 ½” x 6” Handiband Repair Band Smith-Blair 244 $35.80 $38.60 $35.13 $24.55 131 100 ¾” x 6” Handiband Repair Band Smith-Blair 244 $35.90 $38.81 $35.32 $24.81 132 100 1” x 6” Handiband Repair Band Smith-Blair 244 $36.09 $39.09 $35.58 $24.98 133 100 2” x 6” Handiband Repair Band Smith-Blair 244 $37.82 $41.39 $37.66 $28.33 134 30 6" x 7- 1/2" Repair Band (684-764) Smith-Blair $60.20 $61.72 $81.48 $54.51 135 20 2" x 15" Repair Band (2.35-2.63) Smith-Blair $77.11 $75.48 $75.66 $71.41 136 40 8” x 15” Repair Band (898-936) Smith-Blair $137.44 $135.32 $180.07 $124.34 Item #Est. Qty.Part Description 137 40 6" M.J. Valve w/acc Open Left $447.90 $496.71 $450.00 $463.31 138 20 8" M. J. Valve w/acc Open Left $713.40 $774.58 $725.00 $721.64 139 40 2" Iron Body Valve w/2" Female Thread $214.20 $220.00 $220.00 $205.96 140 10 4" M.J. Valve w/acc (Open Right)$351.00 $387.42 $345.00 $360.96 141 40 6" M.J. Valve w/acc (Open Right)$447.90 $495.82 $450.00 $463.31 142 20 8” M.J. Valve w/acc (Open Right)$713.40 $774.49 $725.00 $721.64 143 6 4” Tapping Valve w/acc (Open Right)$442.80 $470.91 $450.00 $437.28 144 4 16" M.J. Valve w/acc and gearing (Open Right)$4,718.40 $5,781.24 $5,800.00 $6,725.77 Item #Est. Qty.Part Description 145 50 6" x 1" CC Tapping Saddle(684-7.60) Double Strap $30.29 $31.80 $27.09 $48.12 146 20 4 x 1 CC Tapping Saddle (474-563) Double Strap $24.59 $25.82 $22.00 $41.88 M.J. Valves - Open Left Tapping Saddles 8 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 147 12 8" x 2" CC Tapping Saddle (854-1010) Double Strap $41.24 $43.29 $36.89 $59.65 148 12 10 x 2 CC Tapping Saddle (1061-1212) Double Strap $54.41 $57.12 $48.67 $72.84 149 12 12 x 1" CC Tapping Saddle (1262-1432) Double Strap $51.26 $53.82 $45.86 $78.66 150 36 8" x 1" CC Tapping Saddle (854-1010) Double Strap $33.06 $34.72 $29.57 $55.97 151 12 10"x 1" CC Tapping Saddle (10.64-12.12) Double Strap $42.73 $44.87 $38.23 $67.58 152 24 8" x 1" CC Tapping Saddle (796-872) Double Strap 313 $31.16 $32.71 $27.87 $55.97 153 24 2- 1/2" X 1" CC Tapping Saddle (2.44 - 2.97 ) Double Strap $19.23 $20.19 $17.20 $41.88 154 50 6" x 1" CC Tapping Saddle(684-7.60) Double Strap 313 $30.29 $31.80 $27.09 NB 155 30 2" x 1" CC Tapping Saddle (2.35-2.56) Double Strap 313 $17.52 $18.39 $15.67 NB 156 30 6" x 2" CC Tapping Saddle (6.87-7.60) Double Strap 313 $37.33 $39.20 $33.40 NB Item #Est. Qty.Part Description 157 3300 3/4" Copper Tubing 60' Rolls Soft K $2.53 $2.98 $2.54 NB 158 4600 3/4" Copper Tubing 100' Rolls Soft K $2.53 $2.98 $2.54 NB 159 4200 1" Copper Tubing 60' Rolls Soft K $3.30 $3.88 $3.30 NB 160 1500 1" Copper Tubing 100' Rolls Soft K $3.30 $3.88 $3.30 NB 161 300 1 1/2" Copper Tubing 60' Rolls Soft K $5.42 $6.06 $5.50 NB 162 300 2" Copper Tubing 60' Rolls Soft K $8.61 $9.63 $8.20 NB 163 1001 4" PVC Sewer Pipe 30/34 x/Lub $0.83 $1.28 $0.85 NB 164 3003 6" PVC Sewer Pipe 30/34 w/Lub $1.76 $2.77 $1.90 NB 165 1001 8" PVC Sewer Pipe 30/34 w/Lub $3.16 $4.95 $3.40 NB 166 500 6” Ductile Pipe Slip Joint $15.62 $16.00 $14.74 NB 2.54 9 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 167 500 8" Ductile Pipe Slip Joint $21.24 $21.00 $19.41 NB 168 200 14" Ductile Iron Water Pipe $46.94 NB $38.60 NB 169 200 16" Ductile Iron Water Pipe $58.43 NB $48.13 NB 170 1000 4” C900 Water Pipe $1.99 $4.00 $2.58 NB 171 2000 6” C900 Water Pipe $3.93 $6.89 $4.98 NB 172 2000 8” C900 Water Pipe $6.82 $11.85 $8.56 NB 173 1000 10” C900 Water Pipe $10.22 $18.01 $12.89 NB 174 1000 12" C900 Water Pipe $14.42 $25.64 $18.22 NB 175 2100 2" galvanized pipe $4.00 $4.44 $6.95 NB 176 1500 3/4" PVC Pipe SCH 40 $0.25 $0.30 $0.28 NB 177 1500 1” PVC Pipe SCH 40 $0.35 $0.50 $0.35 NB 178 1200 2" PVC Pipe SCH 40 $0.64 $1.00 $0.65 NB Item #Est. Qty.Part Description 179 50 Square Point Open Back Blade 48" Oak Handle (Razor Back Brand or like quality)$22.29 NB $18.00 $25.34 180 50 Round Point Open Back Blade 48" Oak Handle (Razor Back Brand or like quality)$22.29 NB $18.00 $25.34 181 20 Fiberglass Closed Back Drain Spade Long Handle #47-602 (Razor Back Brand or like quality)$40.09 NB $27.00 NB 182 20 Fiberglass Handle Forged Bow Rake #63-184 (Razor Back Brand or like quality)NB NB $25.00 NB 183 12 Wooden Oak Handle Bush Axe (Razor Back Brand or like quality)NB NB $55.00 NB 184 12 Fiberglass Handle Double Face Axe (Razor Back Brand or like quality)NB NB $29.00 NB 185 50 3/4" Hose Bib $4.75 $11.42 $4.75 $4.77 186 50 3/4" pressure Reducing Valve (PRV) Watts or equal $35.00 $50.44 $53.69 $55.43 Tools & Miscellaneous Parts Item listed must be Razor Back Brand or like quality: 10 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 187 48 1" pressure Reducing Valve (PRV) Watts or equal $64.38 $70.46 $75.00 $77.45 188 20 3/4" Gate Valve (Hand) Brass $8.92 $8.92 $6.95 $6.25 189 20 1" Gate Valve (Hand) Brass $14.72 $12.43 $9.95 $9.51 190 20 2" Gate Valve (Hand) Brass $49.88 $36.48 $29.00 $22.83 Item #Est. Qty.Part Description 191 10 6" M.J. Elbows 45 $49.70 $56.33 $58.00 NB 192 2 8" M.J. Elbows 22 1/2 $70.41 $80.00 $82.00 NB 193 2 8" M.J. Elbows 45 $72.29 $81.67 $84.00 NB 194 2 8" M.J. Elbows 90 $88.48 $101.00 $104.00 NB 195 2 10" M.J. Elbow 45 $104.66 $118.33 $122.00 NB 196 2 10" M.J. Elbow 90 $140.43 $158.33 $163.00 NB 197 10 6" x 6" x 6" M.J. Tee $88.10 $99.67 $102.00 NB 198 5 8" x 8" x 8" M.J. Tee $131.77 $149.67 $153.00 NB 199 4 6" M.J. Elbow 22 ½” $45.18 $51.33 $53.00 NB 200 15 1” x 24 ¾” Adjustable Ring $120.16 NB NB NB 201 15 2” x 24 ¾” Adjustable Ring $120.16 NB NB NB Item #Est. Qty.Part Description 202 5 6" x 6" M.J. Tapping Sleeve For Cast Iron $733.20 $756.42 $670.00 NB 203 5 8" x 6" M.J. Tapping Sleeve For Cast Iron $854.29 $928.99 $820.00 NB 204 5 8” x 4” M.J. Tapping Sleeve For Cast Iron $854.29 $928.99 $820.00 NB 205 3 8” x 4” M.J. Tapping Sleeve For AC (epoxy coated)NB NB NB NB M.J. TAPPING SLEEVES C.I. AND AC PIPE M.J. ELBOWS AND TEE'S (EPOXY COATED) 11 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 206 4 12” x 6” M.J. Tapping Sleeve For CI/DI (epoxy coated)NB $1,836.96 NB NB 207 2 14” x 6” M.J. Tapping Sleeve For CI/DI (epoxy coated)NB NB NB NB Item #Est. Qty.Part Description 208 200 6" Mega Lug (for Ductile Pipe) Packs w/acc $32.93 $32.41 $29.00 NB 209 50 8" Mega Lug (for Ductile Pipe) Packs w/acc $44.89 $44.15 $40.00 NB 210 30 12” Mega Lug (for Ductile Pipe) Packs w/acc $85.78 $84.38 $78.00 NB 211 12 16" Mega Lug (for PVC Pipe) Packs w/acc $153.92 $180.46 $175.00 NB 212 50 6" Mega Lug (for PVC Pipe) Packs w/acc $38.37 $38.21 $34.50 NB 213 50 8” Mega Lug (for PVC Pipe) Packs w/acc $51.76 $51.55 $47.00 NB 214 30 4” Mega Lug (for PVC Pipe) Packs w/acc $30.65 $29.78 $27.50 NB 215 30 4” Mega Lug (for Ductile Pipe) Packs w/acc $26.66 $25.90 $24.00 NB 216 30 3” Mega Lug (for Ductile Pipe) Packs w/acc $24.50 $23.80 $22.00 NB Item #Est. Qty.Part Description 217 5 M&H 5- 1/4 Fire Hydrant Ext 12” 6 & 8 Bolts $280.45 NB $230.00 NB 218 5 M&H 5- 1/4 Fire Hydrant Ext 18” 6 & 8 Bolts $321.39 NB $263.00 NB 219 5 M&H 5- 1/4 Fire Hydrant Ext 24” 6 & 8 Bolts $356.19 NB $292.00 NB 220 5 MU 5- 1/4 Fire Hydrant Ext 12” 6 & 8 Bolts $358.83 $296.20 $284.00 NB 221 5 MU 5- 1/4 Fire Hydrant Ext 18” 6 & 8 Bolts $405.89 $336.28 $322.00 NB 222 5 MU 5- 1/4 Fire Hydrant Ext 24” 6 & 8 Bolts $458.83 $365.32 $365.00 NB 223 20 Safety Flange Kit /f M&H 5- ¼ Fire Hydrant $126.83 NB $81.00 NB Mega Lug for DI and PVC Pipe (Smith-Blair) FIRE HYDRANT 12 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 224 10 Safety Flange Kit /f M&H 4- 1/2 Fire Hydrant $126.83 NB $81.00 NB 225 20 Safety Flange Kit /f MU 5- 1/4 Fire Hydrant $122.30 $115.00 $105.00 NB 226 10 Safety Flange Kit /f MU 4- 1/2 Fire Hydrant $122.30 $115.00 $100.00 NB 227 2 MU 4- 1/2 Fire Hydrant Ext 12”$437.50 $266.87 $254.00 NB 228 2 M&H 4- 1/2 Fire Hydrant Ext 12”$312.50 NB $218.00 NB 229 10 36" 5 -1/4 x 36 Bury Fire Hydrant -Mueller $1,768.85 $1,547.57 $1,740.00 NB 230 10 36" 5- 1/4 x 36 Bury Fire Hydrant -M&H $1,366.29 NB $1,475.00 NB 231 25 48" 5- 1/4 x 48 Bury Fire Hydrant -Mueller $1,822.65 $1,623.13 $1,775.00 NB 232 25 48" 5- 1/4 x 48 Bury Fire Hydrant -M&H $1,432.86 NB $1,525.00 NB 233 1 72" 5- 1/4 x 72 Bury Fire Hydrant -Mueller $2,022.64 $1,773.54 $2,100.00 NB 234 1 72" 5 -1/4 x 72 Bury Fire Hydrant -M&H $1,565.99 NB $1,700.00 NB Item #Est. Qty.Part Description 235 5 Watts 1 Double Check Valve Assembly $124.12 $98.94 $104.00 NB 236 5 Watts 1- 1/2 Double Check Valve Assembly $276.48 $216.82 $230.00 NB 237 5 Watts 2 Double Check Valve Assembly $377.06 $265.91 $310.00 NB 238 5 Watts 1 Reduce Pressure Zone Assembly $214.71 $163.64 $175.00 NB 239 5 Watts 1-1/2 Reduce Pressure Zone Assy $406.48 $308.86 $340.00 NB 240 5 Watts 2 Reduce Pressure Zone Assembly $446.48 $339.55 $360.00 NB 241 5 Watts 3 Reduce Pressure Zone Assembly $1,318.83 $1,251.97 $1,300.00 NB Item #Est. Qty.Part Description 242 1000 Asphalt Bags (Perma Patch) (60 lbs)$16.80 NB NB NB BACK FLOW DEVICES Additional Items 13 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 243 100 Fast Plug (Hy Cement) 50 lbs $41.00 $24.89 $24.50 NB 244 120 W5CP Water Filter Cart/Sed NB $23.00 $18.00 NB 245 30 WC34-PR Whole House Water Filter NB $44.00 $43.00 NB 246 200 32 oz Purple Primer/Cleaner $12.66 $12.76 NB NB 247 200 1 Qt #5 Pipe CMPD Brushtop $15.29 $29.60 NB NB 248 2000 1 Pint Hot Blue Cement $5.08 $10.08 NB NB 249 1000 Portland Cement (Type I) 92.6 lbs $7.14 NB NB NB 250 125 Disposable Coveralls Large NB NB NB NB 251 125 Disposable Coveralls X-Large NB NB NB NB 252 125 Disposable Coveralls 2X- Large NB NB NB NB 253 125 Disposable Coveralls 3X-Large NB NB NB NB 254 125 Disposable Coveralls 4X-Large NB NB NB NB 255 50 Disposable Coveralls 5X-Large NB NB NB NB 256 50 Disposable Coveralls 6X- Large NB NB NB NB Item #Est. Qty.Part Description 257 10 Repair Band, (899-939), 8" X 12 1/2" S-B or equal $115.33 $132.82 $113.17 $103.58 258 20 Repair Band, (970-1010), 8" X 15" S-B or equal $156.70 $180.44 $153.75 $166.43 259 20 Repair Band, (899-979), 8" X 7 1/2" S-B or equal $88.71 $108.16 $92.16 $85.14 260 20 Repair Band, (933-971), 8" X 7 1/2" S-B or equal $73.62 $84.78 $72.24 $64.67 261 20 Repair Band, (899 - 939), 8" X 15" S-B or equal $137.44 $211.32 $134.86 $125.70 262 20 Repair Band, (899-939), 8" X 20" S-B or equal $190.40 $219.27 $186.84 $170.95 263 20 Repair Band, (705-745), 6" X 20" S-B or equal $165.12 $190.15 $162.03 $148.35 Repair Bands 14 of 15 20-066 OFFICIAL TAB SHEET.xlsx OFFICIAL 264 20 Repair Band, (684-724), 6" X 7 1/2" S-B or equal $76.03 $69.34 $59.08 $55.10 265 20 Repair Band, (854-894), 8" X 12 1/2" S-B or equal $139.56 $128.88 $109.82 $103.58 266 20 Repair Band, (854-894), 8" X 10" S-B or equal $94.01 $108.25 $92.24 $85.59 267 20 Repair Band, (899-979), 8" X 15" S-B or equal NB $108.16 $180.70 $171.18 268 20 Repair Band, (854-894), 8" X 12 1/2" S-B or equal $111.92 $128.88 $109.82 $103.58 269 20 Repair Band, (854-894), 8" X 7 1/2" S-B or equal $69.80 $80.38 $68.49 $64.67 Item #Est. Qty.Part Description 270 10 8 Macro COUPLING, ROMAC 8.60 - 9.75 $332.03 $269.09 $270.81 $269.09 271 10 6 Macro COUPLING, ROMAC 6.60 - 7.60 $293.20 $237.63 $239.14 $237.63 272 10 8 ALPHA Restraint Coupling 8.60-9.10 $371.77 $371.76 $325.33 $323.27 273 10 6 ALPHA Restraint Coupling 6.60-7.00 $327.30 $327.43 $286.53 $284.72 274 10 8 Cap, Wide Ranged, Romac Alpha End $271.49 $271.49 $237.58 $236.08 275 10 6 Cap, Wide Ranged, Romac Alpha End $197.82 $197.81 $173.11 $172.01 Romac Couplings 15 of 15 20-066 OFFICIAL TAB SHEET.xlsx Commission Meeting Agenda 7/21/2020 2:00 PM Emergency Procurement of Elevator Doors Department:Central Services Department:Central Services Caption:Receive as information the emergency procurement change order for $20,286 for the purchase of new elevator doors located to the east and west of the Municipal Building. Background:On June 2, 2020 the Augusta Commission approved a request to receive as information the emergency procurement required to abate asbestos containing materials from the east and west facing elevators of the Municipal Building. Contractors arrived on site to remove the elevator doors as scheduled. While surveying the equipment, to proceed with the door removal, a ThyssenKrupp representative noted the liability hazard involved with reinstalling the same doors after the asbestos removal has been completed. Based upon the door construction, full asbestos abatement cannot be guaranteed, as hazardous materials may remain in crevices not visible. To prevent the inevitable, ThyssenKrupp has recommended the doors be replaced rather than re-installed as originally quoted. Analysis:Thyssenkrup will not service the elevator as contracted without the abatement of the asbestos containing materials. Financial Impact:The difference is an additional $20,286.00 paid via SPLOST 7 Alternatives:: 1) Do not receive the information 2) Receive as information the emergency procurement change order for $20,286 for the purchase of new elevator doors located to the east and west of the Municipal Building. Recommendation:Receive as information the emergency procurement change order for $20,286 for the purchase of new elevator doors located to the east and west of the Municipal Building. Cover Memo Funds are Available in the Following Accounts: SPLOST 7 329051120 - JL 216057902 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Augusta Municipal Building June 12, 2020 Purchaser: City of Augusta Location: Augusta Municipal Building Address: 535 Telfair Street Address: 535 Telfair St Augusta, GA 30901 Augusta, GA 30901 Purchaser authorizes thyssenkrupp Elevator Corporation (referred to as "thyssenkrupp Elevator" hereafter) to perform the following work on the equipment and at the location described above, in exchange for the sum of Forty One Thousand Two Hundred Six Dollars ($41,206.00) inclusive of all applicable sales and use taxes pursuant to the terms and conditions contained in this Work Order (the "Work Order"). Summary: Elevator Description Repair category East Car Doors (Replacement/Removal) Safety East Total Travel Safety West Car Doors (Replacement/Removal) Safety West Total Travel Safety X For further information, please see a detailed Scope of Work on the pages that follow. In the event you have any questions regarding the content of this Work Order please contact me at +1 4703324829 . We appreciate your consideration. Regards, Caroline Covert thyssenkrupp Elevator Corporation 3005 Chastain Meadows Pkwy Ste 100 Marietta GA 30066 caroline.covert@thyssenkrupp.com |+1 470 3324829 Notice: No permits or inspections by others are included in this work, unless otherwise indicated herein. Delivery and shipping is included. All work is to be performed during regular working days and hours as deifned in this Work Order unless otherwise indicated herein. Repair Work Order 2020-2-886340 | ACIA-1PXQ8IW | June 12, 2020 1 Scope of Work Hoistway Doors Replacement thyssenkrupp Elevator proposes to replace a total of six (6) sets of hoistway doors on the East and West elevators as a result of a positive test for asbestos. Asbestos is hazardous to a person's health and should be adressed immediately should a technician or passenger be exposed. The following components are included in this proposal: East Elevator •Furnish and install three (3) sets of hoistway doors•Doors will be single-speed, center opening doors •All necessary Fire Tabs•All necessary Gibs •All necessary Hanger Assemblies for each landingWest Elevator Furnish and install three (3) sets of hoistway doorsDoors will be single-speed, center opening doorsAll necessary Fire TabsAllnecessary GibsAll necessary Hanger Assemblies for each landingThis proposal also includes out of zone per diem costs in additon to one repair team's travel expenses. Payment Terms 50% of the price set forth in this Work Order will be due and payable as an initial progress payment within 10 days from thyssenkrupp Elevator's receipt of a fully executed copy of this Work Order. This initial progress payment will be applied to any applicable project management, permits, engineering, drawings and material procurement. Material will be ordered once this payment is received and the parties have both executed this Work Order. The remaining 50% of the price set forth in this Work Order and any fully executed change orders shall be due and payable at the time of thyssenkrupp Elevator's completion of the work described in the Work Order. thyssenkrupp Elevator's receipt of this ifnal payment is a condition precedent to thyssenkrupp Elevator's return of the equipment described in this Work Order to the full operation and use and Purchaser agrees to waive any and all claims to such operation and use until such time as that payment is made in full. Purchaser agrees that thyssenkrupp Elevator shall have no obligation to complete any steps necessary to provide Purchaser with full use and operation of the affected elevator(s) until such time as thyssenkrupp Elevator has been paid 100% both of the price relfected in this Work Order and for any other work performed by thyssenkrupp Elevator or its subcontractors in furtherance of this Work Order. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full. Work order price: $41,206 Initial progress payment: (50%) $20,603 Total due upon completion: (50%) $20,603 Repair Work Order 2020-2-886340 | ACIA-1PXQ8IW | June 12, 2020 2 Terms and Conditions thyssenkrupp Elevator does not assume any responsibility for any part of the vertical transportation equipment other than the speciifc components that are described in this Work Order and then only to the extent thyssenkrupp Elevator has performed the work described above. No work, service, examination or liability on the part of thyssenkrupp Elevator is intended, implied or included other than the work speciifcally described above. It is agreed that thyssenkrupp Elevator does not assume possession or control of any part of the vertical transportation equipment and that such remains Purchaser’s exclusively as the owner, lessor, lessee, possessor, or manager thereof. Unless otherwise stated herein, thyssenkrupp Elevator’s performance of this Work Order is expressly contingent upon Purchaser securing permission or priority as required by all applicable governmental agencies and paying for any and all applicable permits or other similar documents. It is agreed that thyssenkrupp Elevator’s personnel shall be given a safe place in which to work. thyssenkrupp Elevator reserves the right to discontinue its work in the location above whenever, in its sole opinion, thyssenkrupp Elevator believes that any aspect of the location is in any way unsafe until such time as Purchaser has demonstrated, at its sole expense, that it has appropriately remedied the unsafe condition to thyssenkrupp Elevator’s satisfaction. Unless otherwise agreed, it is understood that the work described above will be performed during regular working days and hours which are deifned as Monday through Friday, 8:00 AM to 4:30 PM (except scheduled union holidays). If overtime is mutually agreed upon, an additional charge at thyssenkrupp Elevator’s usual rates for such work shall be added to the price of this Work Order. In consideration of thyssenkrupp Elevator performing the work described above Purchaser, to the fullest extent permitted by law, expressly agrees to indemnify, defend, save harmless, discharge, release and forever acquit thyssenkrupp Elevator, its employees, oiffcers, agents, aiffliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings made or brought against thyssenkrupp Elevator, its employees, oiffcers, agents, aiffliates and subsidiaries for loss, property damage (including damage to the equipment which is the subject matter of this Work Order), personal injury or death that are alleged to have been caused by Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation or condition of the vertical transportation equipment that is the subject of this Work Order, or the associated areas surrounding such equipment. Purchaser's duty to indemnify does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this Work Order), personal injury or death is determined to be caused by or resulting from the negligence of thyssenkrupp Elevator and/or its employees. Purchaser recognizes, however, that its obligation to defend thyssenkrupp Elevator and its employees, oiffcers, agents, aiffliates and subsidiaries under this clause is broader and distinct from its duty to indemnify and speciifcally includes payment of all attorney’s fees, court costs, interest and any other expenses of litigation arising out of such claims or lawsuits. Purchaser expressly agrees to name thyssenkrupp Elevator along with its oiffcers, agents, aiffliates and subsidiaries as additional insureds in Purchaser's liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure thyssenkrupp Elevator, along with its oiffcers, agents, aiffliates and subsidiaries for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the negligence or legal responsibility of thyssenkrupp Elevator and/or its oiffcers, agents, aiffliates and subsidiaries. Such insurance must specify that its coverage is primary and non-contributory. Purchaser hereby waives the right of subrogation. thyssenkrupp Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor, troubles, strikes, lockouts, ifre, explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control. thyssenkrupp Elevator Corporation shall automatically receive an extension of time commensurate with any delay regarding the work called for in this Work Order. Should loss of or damage to thyssenkrupp Elevator’s material, tools or work occur at the location that is the subject of this Work Order, Purchaser shall compensate thyssenkrupp Elevator therefor, unless such loss or damage results solely from thyssenkrupp Elevator’s own acts or omissions. If any drawings, illustrations or descriptive matter are furnished with this Work Order, they are approximate and are submitted only to show the general style and arrangement of equipment being offered. Work Order. Purchaser shall bear all cost(s) for any reinspection of thyssenkrupp Elevator’s work due to items outside the scope of this Work Order or for any inspection arising from the work of other trades requiring the assistance of thyssenkrupp Elevator. Purchaser expressly agrees to waive any and all claims for consequential, special or indirect damages arising out of the performance of this Work Order and speciifcally releases thyssenkrupp Elevator from any and all such claims. A service charge of 1.5% per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. In the event of any default of any of the payment provisions herein, Purchaser agrees to pay, in addition to any defaulted amount, any attorney fees, court costs and all other expenses, fees and costs incurred by thyssenkrupp Elevator in connection with the collection of that defaulted amount. Purchaser agrees that this Work Order shall be construed and enforced in accordance with the laws of the state where the vertical transportation equipment that is the subject of this Work Order is located and consents to jurisdiction of the courts, both state and Federal, of that as to all matters and disputes arising out of this Work Order. Purchaser further agrees to waive trial by jury for all such matters and disputes. The rights of thyssenkrupp Elevator under this Work Order shall be cumulative and the failure on the part of the thyssenkrupp Elevator to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by thyssenkrupp Elevator in the method, mode or manner of payment or any of its other rights shall not be construed as a waiver of any of its rights under this Work Order. In the event any portion of this Work Order is deemed invalid or unenforceable by a court of law, such ifnding shall not affect the validity or enforceability of any other portion of this Work Order. This Work Order shall be considered as having been drafted jointly by Purchaser and thyssenkrupp Elevator and shall not be construed or interpreted against either Purchaser or thyssenkrupp Elevator by reason of either Purchaser or thyssenkrupp Elevator’s role in drafting same. In the event Purchaser’s acceptance of the work called for in this Work Order is in the form of a purchase order or other kind of document, the provisions, terms and conditions of this Work Order shall exclusively govern the relationship between thyssenkrupp Elevator and Purchaser with respect to the work described herein. Repair Work Order 2020-2-886340 | ACIA-1PXQ8IW | June 12, 2020 3 Acceptance This Work Order is submitted for acceptance within 30 days from the date executed by thyssenkrupp Elevator. Purchaser’s acceptance of this Work Order will constitute exclusively and entirely the agreement for the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this Work Order will be recognized unless made in writing and properly executed by both parties. No agent or employee of thyssenkrupp Elevator shall have the authority to waive or modify any of the terms of this Work Order without the written approval of an authorized thyssenkrupp Elevator manager. This Work Order speciifcally contemplates work outside the scope of any other contract currently in effect between the parties; any such contract shall be unaffected by this Work Order. To indicate acceptance of this work order, please sign and return one (1) original of this agreement to the branch address shown below. Upon receipt of your written authorization and required materials and/or supplies, we shall implement the work called for in this Work Order. City of Augusta (Purchaser): thyssenkrupp Elevator Corporation Management Approval By: \s1 By: (Signature of Authorized Individual) Albert Livingston (Print or Type Name) (Print or Type Title) (Signature of Branch Representative) Ryan Bunn Branch Manager (Date of Acceptance) (Date of Execution) Please contact _______________________________________ to schedule work at the following phone number __________________________ Repair Work Order 2020-2-886340 | ACIA-1PXQ8IW | June 12, 2020 4 Attn: Albert Livingston City of Augusta 535 Telfair Street Augusta GA, 30901 Date Terms Reference ID Customer Reference # / PO June 12, 2020 Immediate ACIA-1PXQ8IW Total Contract Price: $41,206.00 Down Payment: (50% ) $20,603.00 For inquiries regarding your contract or services provided by thyssenkrupp Elevator, please contact your local account manager at +1 470 3324829. To make a payment by phone, please call 801-449-8211 with the reference information provided below. Current and former service customers can now pay online at: https://secure.billtrust.com/thyssenkruppelevator/ig/one-time-payment Thank you for choosing thyssenkrupp Elevator. We appreciate your business. Please detach the below section and provide along with payment. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Customer Name: City of Augusta Remit To: Location Name: Augusta Municipal Building thyssenkrupp ElevatorCorporationPO Box 3796Carol Stream, IL 60132-3796 Customer Number: Quote Number: 2802670 2020-2-886340 Reference ID: ACIA-1PXQ8IW Remittance Amount: $20,603 2020-2-886340 | ACIA-1PXQ8IW | June 12, 2020 Repair Completion Notice to be signed at job completion Date: Building Name: Augusta Municipal Building Repair Job #: Street Address: 535 Telfair St City State, Zip: Augusta, GA 30901 Dear Albert Livingston, Thank you for allowing us the opportunity to perform the repair job listed above. We have completed the work as outlined in job # and the unit is now up and running. You will receive a ifnal bill for this work shortly. We hope your experience was exceptional and look forward to serving you in the future. If you have any questions about the repair work or your service agreement, please check one of the boxes under “Follow-Up Request” and the appropriate person will contact you soon. Customer Representative thyssenkrupp Representative Customer Name: Albert Livingston Print or Type Name Name: Caroline Covert Print or Type Name Customer Signature: Signature of Authorized Individual Signature: Signature of Authorized Individual Title: Print or Type Title Title: Account Manager Print or Type Title Date: Date of acceptance Date: Customer Email: alivingston@augustaga.gov Customer Email Follow Up Request If you would like a manager or department representative to contact you, please check one of the following: Sales Department Service Department Branch Manager Repair Department Phone Number Comments: 2020-2-886340 | ACIA-1PXQ8IW | June 12, 2020 Commission Meeting Agenda 7/21/2020 2:00 PM HCD_ Down Payment Assistance request (1) Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist one (1) low to moderate income homebuyer with down-payment assistance to purchase a home. Background:Augusta, GA’s Down Payment Assistance Program (administered by HCD) is a loan, given to a prospective homeowner in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time home buyer to become a homeowner. The buyer must be a first-time home buyer and the home must become the buyer’s primary residence. The program is funded by the U.S. Department of Housing and Urban Development (HUD) and administered by Augusta, GA’s Housing and Community Development Department (HCD). The program promotes neighborhood stability by assisting with the gap financing towards the purchase price and closing costs for homes located within the limits of Augusta-Richmond County. One application awaiting approval to move forward with the process of becoming a homeowner is: 1. 2139 Silverdale Drive, Augusta, GA 30906 $5,000.00 The application has a first mortgage loan from a lending institution, but needs down payment assistance to complete the process. A prospective homeowner is only eligible to receive up to $5,000.00 if they are purchasing a single-family dwelling in the Richmond County area. Once approved, lenders will schedule closing and the applicant will soon be on their way to homeownership in Augusta – Richmond County. Analysis:The approval of the application (1) will enable an individual to become a homeowner and “Make the American Dream a Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. Cover Memo Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. This approval would be for the amount of $5,000.00 given in the form of a second mortgage (forgiven on the fifth year after closing date), and shown as a second lien against said property until forgiven. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist one (1) low to moderate income homebuyer with down-payment assistance to purchase a home. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: HOME Investment Partnership Grant (HOME) funds: 221073212/ 5225110 REVIEWED AND APPROVED BY: Cover Memo Jennifer Jones – 2139 Silverdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this _16th _ day of June, 2020 by and between _Jennifer Jones hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick Street, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on _5/16/2020 the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described _Map Parcel #121-2- 152-00-0_and, WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Five Thousand dollars ($ 5,000.00), subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following HOME Program Restrictions imposed on them for the federal assistance provided: Affordability Period You must comply with the HOME Program’s period of affordability. The period of affordability for the home will be 5 years, based on the amount of the direct subsidy to the HOMEBUYER. During this 5-year period, the HOMEBUYER must maintain the home as his/her principal place of residence at all times. During this time the recapture restriction is effective and requires all HOME funds that were provided for the purchase of the home to be repaid to the City, including principal, interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Jennifer Jones – 2139 Silverdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 2 of 5 Maximum Sales Price The property may not have a purchase price for the type of single family housing that exceeds 95% of the median purchase price for the area. It has been verified that the purchase price of the housing does not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR Part 92.254(a). The maximum purchase price is as follows for the Augusta Richmond County GA: Unit # FHA Limits Pre-Economic Stimulus Act Existing Homes New Homes 1 Unit $ 152,000 $ 227,000 2 Unit $ 195,000 $ 291,000 3 Unit $ 236,000 $ 352,000 4 Unit $ 292,000 $ 436,000 Unadjusted Median Value $ 160,000 $ 239,000 Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $100,000.00. Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay the amount awarded, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient decides to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. Obligation of Repayment As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, Jennifer Jones – 2139 Silverdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 3 of 5 including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: ALL THAT LOT OR PARCEL OF LAND, Bound on the North by Bobby Jones Expressway, East by Hwy 25, South by Rosier Road and West by Windsor Spring Road. Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with HOME funds for the duration of your Forgiveness Loan. Use of HOME funds The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Household Income You must be an eligible household through the time of filing a loan application with the City or other lender to the escrow closing of the purchase transaction. Income eligibility means that your annual gross household income, adjusted for household size does not exceed eighty percent (80%) of the Augusta-Aiken median income, as established by HUD. Insurance requirement The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the HOME Program investment. Property standards Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, Jennifer Jones – 2139 Silverdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 4 of 5 the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Lead Requirement Homeowner’s house was built before 1978 and received Lead information pamphlet from Housing and Community Development. _________ Buyer Initials Homeowner’s house was built before 1978 and has received a Lead inspection report _________Buyer Initials Post Purchase Requirement Homeowner must attend a Post Homeownership Counseling class and submit a certificate of completion to AHCD within the first two years of purchasing the house. AHCD will not release the lien on the property until this requirement has been met. _______Buyer Initials Jennifer Jones – 2139 Silverdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 5 of 5 IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. ___________________________________________ Date___________________________ Jennifer Jones Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature Attest: Augusta, Georgia By:___________________________________________ Date:________________________ Hardie Davis As Mayor By:___________________________________________ Date:________________________ Jarvis Sims As Interim Administrator By:___________________________________________ Date:________________________ Hawthorne Welcher As Director, HCD Approved as to Form by:________________________________ Date:___________________ Augusta, GA Law Department SEAL _____________________________________ Lena Bonner As its Clerk of Commission Commission Meeting Agenda 7/21/2020 2:00 PM HCD_ FY2020 Grant Funds Budget Adjustment Request Department:HCD Department:HCD Caption:Motion to adjust FY2020 Grant Funds Budget for prior years unspent grant funds. Background:HCD receives annual entitlement grant funds and HCD has (2) two to (7) seven years (depending on the grant) to expend the money. This agenda item adds unspent grant funding to the FY2020 Budget as detailed below. Community Development Block Grant (CDBG) funds will be utilized to provide public support services and affordable housing for low-to-moderate income households; economic development, and small business development. HOME Investment Partnerships Agreement grant funds will be used to provide down payment assistance and affordable housing for low-to-moderate income households. Emergency Solutions Grant funds are used for providing housing for homeless or at-risk of homelessness individuals and families. Housing Opportunities for Persons with AIDS (HOPWA) provides housing and utility assistance for persons affected by the AIDS virus. Analysis:The approval of this request will help HCD to maximize federal dollars in the FY2020 Budget cycle by increasing budgeted expenditures and reimbursements equally. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. This request will increase the Proposed 2020 Budget by a net of $0.00. Alternatives:Do not approve HCDs Request Recommendation:Motion to adjust FY2020 Grant Funds Budget for prior years unspent grant funds. Cover Memo Funds are Available in the Following Accounts: Fund 221. REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM HCD_ Homebuyer Subsidy Program Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist one (1) low to moderate income homebuyer with gap financing, down payment and closing costs to purchase a home through HCD’s Employee Incentive Program. Background:The City of Augusta’s Home Subsidy Program is a loan in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time home buyer to become a homeowner. The buyer must be a first- time home buyer and the home must become the buyer’s primary residence. The program is funded by The Department of Housing and Urban Development (HUD) and administered by Augusta’s Housing and Community Development Department (HCD). The program promotes neighborhood stability by providing gap financing toward the purchase price and closing costs for homes located within the city limits of Augusta and Augusta-Richmond County in conjunction with local Community Housing Development Organizations (CHDOs) for employees of Augusta, Georgia. One applicant is awaiting approval to move forward with the process of becoming a homeowner: 1. Employee Incentive – 3007 Lonsdale Drive Augusta, GA 30906- Requesting: $15,000 Sales Price: $ 89,000.00 Applicant has a first mortgage from a lending institution but needs the Subsidy to complete the process. Once approved, Lenders will schedule closing and the applicant will then become a new homeowner in Augusta, Georgia. Analysis:The approval of the applications will enable one (1) individual to a become homeowner and “Make the American Dream a Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. Cover Memo Financial Impact:The City receives funding from the US Department of Housing and Urban Development (HCD) on an annual basis. This approval would be for the amount of $15,000.00. Alternatives:Do not approve HCD’s Homebuyer Subsidy request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist one (1) low to moderate income homebuyer with gap financing, down payment and closing costs to purchase a home through HCD’s Employee Incentive Program. Funds are Available in the Following Accounts: US Department of Housing and Urban Development (HUD) Funds: HOME Investment Partnership Grant (HOME) funds: 221073212-5225110 Obj code & Org key: REVIEWED AND APPROVED BY: Cover Memo Zikiah Blackwell 3007 Lonsdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this _ _ day of June, 2020 by and between _Zikiah Blackwell hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick Street, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ____________ the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described _Map Parcel #110-4-201-00-0_and, WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Fifteen Thousand dollars ($ 15,000.00), subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following HOME Program Restrictions imposed on them for the federal assistance provided: Affordability Period You must comply with the HOME Program’s period of affordability. The period of affordability for the home will be 10 years, based on the amount of the direct subsidy to the HOMEBUYER. During this 10-year period, the HOMEBUYER must maintain the home as his/her principal place of Zikiah Blackwell 3007 Lonsdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 2 of 5 residence at all times. During this time the recapture restriction is effective and requires all HOME funds that were provided for the purchase of the home to be repaid to the City, including principal, interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Maximum Sales Price The property may not have a purchase price for the type of single family housing that exceeds 95% of the median purchase price for the area. It has been verified that the purchase price of the housing does not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR Part 92.254(a). The maximum purchase price is as follows for the Augusta Richmond County GA: Unit # FHA Limits Pre-Economic Stimulus Act Existing Homes New Homes 1 Unit $ 152,000 $ 227,000 2 Unit $ 195,000 $ 291,000 3 Unit $ 236,000 $ 352,000 4 Unit $ 292,000 $ 436,000 Unadjusted Median Value $ 160,000 $ 239,000 Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $93,000.00. Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay the amount awarded, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient decides to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. Obligation of Repayment Zikiah Blackwell 3007 Lonsdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 3 of 5 As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: ALL THAT LOT OR PARCEL OF LAND, Bound on the North by Gordon Hwy, East by Hwy 56, South by Tobacco Road and West by Deans Bridge Road. Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with HOME funds for the duration of your Forgiveness Loan. Use of HOME funds The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Household Income You must be an eligible household through the time of filing a loan application with the City or other lender to the escrow closing of the purchase transaction. Income eligibility means that your annual gross household income, adjusted for household size does not exceed eighty percent (80%) of the Augusta-Aiken median income, as established by HUD. Insurance requirement The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the HOME Program investment. Zikiah Blackwell 3007 Lonsdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 4 of 5 Property standards Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Lead Requirement Homeowner’s house was built before 1978 and received Lead information pamphlet from Housing and Community Development. _________ Buyer Initials Homeowner’s house was built before 1978 and has received a Lead inspection report _________Buyer Initials Post Purchase Requirement Homeowner must attend a Post Homeownership Counseling class and submit a certificate of completion to AHCD within the first two years of purchasing the house. AHCD will not release the lien on the property until this requirement has been met. _______Buyer Initials Zikiah Blackwell 3007 Lonsdale Drive, Augusta, GA 30906 HOME Program – Homebuyer Written Agreement Page 5 of 5 IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. ___________________________________________ Date___________________________ Zikiah Blackwell Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature Attest: Augusta, Georgia By:___________________________________________ Date:________________________ Hardie Davis As Mayor By:___________________________________________ Date:________________________ Jarvis Sims As Interim Administrator By:___________________________________________ Date:________________________ Hawthorne Welcher As Director, HCD Approved as to Form by:________________________________ Date:___________________ Augusta, GA Law Department SEAL _____________________________________ Lena Bonner As its Clerk of Commission Commission Meeting Agenda 7/21/2020 2:00 PM HCD_ Laney Walker/Bethlehem (McQueen Court) Contract Amendment Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide additional HOME funds to J. Lovett Homes and Construction, LLC for (3) three affordable housing units on McQueen Court, via the Twiggs Street corridor. Background:On August 6, 2019, The Augusta, Georgia Commission approved Housing and Community Development’s request to provide HOME funds to J. Lovett Homes and Construction to construct three (3) single family units. Due to unforeseen predevelopment issues and COVID-19, project has been delayed. Since original contract was issued, cost of construction has increased therefore additional $ 3,128.61 is needed for each unit to complete construction. · Lot 12 · Lot 13 · Lot 14 Analysis:The approval of this item will allow the J. Lovett Homes and Construction, LLC to complete construction of three (3) affordable single family new construction units to be sold to eligible low to moderate income homebuyers in Augusta, Georgia. Financial Impact:HCD will utilize Home Investment Partnership (HOME) funding received through its annual allocation from the US Department of Housing and Urban Development (HUD) in the amount of $ 9,385.83 to assist in completing the construction of three (3) single family new construction units. Alternatives:Do not approve additional funds. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide additional HOME funds to J. Lovett Homes and Construction, LLC for (3) three Cover Memo affordable housing units on McQueen Court, via the Twiggs Street corridor. Funds are Available in the Following Accounts: US Department of Housing and Urban Development (HUD) Funds: - HOME Investment Partnership Grant (HOME) funds. - Obj. code & Org. key: 221073212-5225110 REVIEWED AND APPROVED BY: Cover Memo FIRST AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR 2018 HOME INVESTMENT PARTNERSHIPS PROGRAM McQueen Court – Lot 14 This First Amendment to the agreement executed by and between the Parties on October 28, 2019, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereinafter referred to as the “J. Lovett”). WHEREAS, AUGUSTA desires to amend the original agreement to allow the J. Lovett to effectively administer its HOME eligible affordable housing development activities; WHEREAS, J. Lovett Homes & Construction has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. Lovett agree to amend said agreement as follows: (1) Article I Section B . Use of Funds. Construction shall be revised to provide additional funding in the amount of $ 3,128.61 of HOME funding to support the construction of a single family unit located at McQueen Court – Lot 14. B. Use of Funds HOME Program funds shall be used by the J. Lovett for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: b. Construction An amount not to exceed $ 141,999.19 in a grant shall be expended by J.Lovett to support the construction of an affordable single-family housing units to be made available for purchase by HOME program eligible low and moderate home buyers. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction – McQueen Court – Lot 14 2 Original contract states not to exceed $ 138,870.58 whereas amendment adds an additional $ 3,128.61 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett Homes & Construction shall be paid a total consideration of $141,999.19 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett. 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 J. Lovett. J. Lovett Homes and Construction shall adhere to the following budget in the performance of this contract: Construction $ 141,999.19 Total Project Activity Cost $ 141,999.19 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction – McQueen Court – Lot 14 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. _________________________________ _________ J. Lovett Homes & Construction, LLC Date IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (The City) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk FIRST AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR 2018 HOME INVESTMENT PARTNERSHIPS PROGRAM McQueen Court – Lot 12 This First Amendment to the agreement executed by and between the Parties on December 31, 2019, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereinafter referred to as the “J. Lovett”). WHEREAS, AUGUSTA desires to amend the original agreement to allow the J. Lovett to effectively administer its HOME eligible affordable housing development activities; WHEREAS, J. Lovett Homes & Construction has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. Lovett agree to amend said agreement as follows: (1) Article I Section B . Use of Funds. Construction shall be revised to provide additional funding in the amount of $ 3,128.61 of HOME funding to support the construction of a single family unit located at McQueen Court – Lot 12. B. Use of Funds HOME Program funds shall be used by the J. Lovett for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: b. Construction An amount not to exceed $ 141,999.11 in a grant shall be expended by J.Lovett to support the construction of an affordable single-family housing units to be made available for purchase by HOME program eligible low and moderate home buyers. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction – McQueen Court – Lot 12 2 Original contract states not to exceed $ 138,870.50 whereas amendment adds an additional $ 3,128.61 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett Homes & Construction shall be paid a total consideration of $141,999.11 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett. 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 J. Lovett. J. Lovett Homes and Construction shall adhere to the following budget in the performance of this contract: Construction $ 141,999.11 Total Project Activity Cost $ 141,999.11 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction – McQueen Court – Lot 12 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. _________________________________ _________ J. Lovett Homes & Construction, LLC Date IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (The City) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk FIRST AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR 2018 HOME INVESTMENT PARTNERSHIPS PROGRAM McQueen Court – Lot 13 This First Amendment to the agreement executed by and between the Parties on October 28, 2019, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereinafter referred to as the “J. Lovett”). WHEREAS, AUGUSTA desires to amend the original agreement to allow the J. Lovett to effectively administer its HOME eligible affordable housing development activities; WHEREAS, J. Lovett Homes & Construction has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. Lovett agree to amend said agreement as follows: (1) Article I Section B . Use of Funds. Construction shall be revised to provide additional funding in the amount of $ 3,128.61 of HOME funding to support the construction of a single family unit located at McQueen Court – Lot 13. B. Use of Funds HOME Program funds shall be used by the J. Lovett for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: b. Construction An amount not to exceed $ 141,999.19 in a grant shall be expended by J.Lovett to support the construction of an affordable single-family housing units to be made available for purchase by HOME program eligible low and moderate home buyers. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction – McQueen Court – Lot 13 2 Original contract states not to exceed $ 138,870.58 whereas amendment adds an additional $ 3,128.61 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett Homes & Construction shall be paid a total consideration of $141,999.19 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett. 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 J. Lovett. J. Lovett Homes and Construction shall adhere to the following budget in the performance of this contract: Construction $ 141,999.19 Total Project Activity Cost $ 141,999.19 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction – McQueen Court – Lot 13 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. _________________________________ _________ J. Lovett Homes & Construction, LLC Date IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (The City) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 7/21/2020 2:00 PM HCD_ Laney Walker/Bethlehem (New Construction) Contract Approval 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 Capitalrise, LLC for the new construction of one (1) single family unit. 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 the new construction of one (1) single family unit identified as Lot 15, McQueen Court, within Laney Walker/Bethlehem, via the Twiggs Street corridor. Analysis:The approval of the contract will allow for development activities on this site to begin. Financial Impact:HCD will use Laney Walker/Bethlehem Project funds to support. Contract Amount Lot 15 McQueen Court - $92,400.00 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to Capitalrise, LLC for the new construction of one (1) single family unit. Funds are Available in the Laney Walker/Bethlehem Project funds 298-07-7343-5413150 Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And CAPITALRISE, LLC in the amount of $92,400.00 USD Ninety-Two Thousand Four Hundred Dollars and 00/100 for Fiscal Year 2020 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT Lot No. 15 McQueen Court 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 of 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 CAPITALRISE, LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "CAPITALRISE, LLC” 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, CAPITALRISE, LLC, a procured developer and contractor with HCD 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 CAPITALRISE, LLC 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, CAPITALRISE, LLC 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 Lot No. 15 McQueen Court Contract Page 2 WHEREAS, CAPITALRISE, LLC has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, CAPITALRISE, LLC has requested and Augusta has approved a total of $140,000.00 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: CAPITALRISE, LLC agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support this project. Under this Agreement: 1. Perform new construction for one (1) single family detached homes identified as property number Lot No. 15 McQueen Court 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: · Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. CAPITALRISE, LLC are to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by HCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by CAPITALRISE, LLC 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 $70,000.00 Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 3 1. Profit An amount not to exceed sixteen percent (16%) of the construction cost 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 CAPITALRISE, LLC 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 Lot No. 15 McQueen Court. The design and specifications of the property shall be approved by HCD prior to construction (see Appendix). 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 Lot No. 15 McQueen Court. 2. Developer’s Fee $22,400.00 3. Developer’s Fee Disbursements Developer’s Fee shall be dispensed as follows: 10% when plans have been approved; 20% when construction is 50% complete; 20% when construction is 100% complete, and 50% when property is closed upon. C. Program Location and Specific Goals to be Achieved CAPITALRISE, LLC 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 CAPITALRISE, LLC 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, CAPITALRISE, LLC 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 CAPITALRISE, LLC 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 HCD. In addition, and upon approval by Augusta, CAPITALRISE, LLC may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make funds available in the following manner: Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 4 1. Augusta agrees to pay CAPITALRISE, LLC, a maximum of $70,000.00. under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to CAPITALRISE, LLC’s compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement; 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted fifty percent (50%) shall be on a pay for performance basis provided CAPITALRISE, LLC and HCD determine the progress is satisfactory. CAPITALRISE, LLC shall utilize the AIA Form provided by HCD (see Appendix). For invoicing, CAPITALRISE, LLC 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. 3. HCD will monitor the progress of the project and CAPITALRISE, LLC’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 4. 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. CAPITALRISE, LLC and HCD shall share in the cost and proceeds of developing the residence at Lot No. 15 McQueen Court as follows: 5. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any CAPITALRISE, LLC deemed satisfactorily progress made within the contracted construction only amount not to exceed fifty percent (50%) shall be paid to CAPITALRISE, LLC. 7. HCD will retain ten percent (10%) of an amount within the one hundred percent (100%) 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 CAPITALRISE, LLC and HCD determine that all HCD punch-list items have been satisfied. B. Project Financing The Augusta Housing and Community Development will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by CAPITALRISE, LLC for construction costs related to the development of one single family detached home identified as Lot No. 15 McQueen Court. Additionally, HCD will provide 100% of all change orders (where applicable) as approved by HCD and CAPITALRISE, LLC in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 5 CAPITALRISE, LLC 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 120 days of said home identified as Lot No. 15 McQueen Court. Liquidated Damages CAPITALRISE, LLC agrees to pay as liquidated damages to HCD the sum of two hundred dollars ($200.00) 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 CAPITALRISE, LLC. 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 CAPITALRISE, LLC. 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 CAPITALRISE, LLC 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 CAPITALRISE, LLC under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage-based costs related to the development of one single family detached home identified as Lot No. 15 McQueen Court as part of the Laney Walker/Bethlehem Revitalization Project. HCD will have the latitude to pay such costs directly to the procured construction contractor. CAPITALRISE, LLC shall be paid a total consideration of no more than $70,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of HCD. 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 CAPITALRISE, LLC. Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 6 Augusta shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and CAPITALRISE, LLC (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 HCD provide advance funding to CAPITALRISE, LLC, or any subcontractor hereunder. B. CAPITALRISE, LLC shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to CAPITALRISE, LLC’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 CAPITALRISE, LLC 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. CAPITALRISE, LLC shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by CAPITALRISE, LLC. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single-family home at Lot No. 15 McQueen Court, HCD is to provide CAPITALRISE, LLC with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest CAPITALRISE, LLC 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. Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 7 This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of CAPITALRISE, LLC. 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. CAPITALRISE, LLC 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 CAPITALRISE, LLC. In such instances, CAPITALRISE, LLC 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 CAPITALRISE, LLC. 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. CAPITALRISE, LLC 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 CAPITALRISE, LLC publications and/or advertisements. (24 CFR 570.601). B. CAPITALRISE, LLC agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. CAPITALRISE, LLC 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) Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 8 E. CAPITALRISE, LLC 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), CAPITALRISE, LLC 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. CAPITALRISE, LLC 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. CAPITALRISE, LLC 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. CAPITALRISE, LLC 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. CAPITALRISE, LLC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. CAPITALRISE, LLC will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CAPITALRISE, LLC 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. Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 9 J. In accordance with Section 570.608 of the CDBG Regulations, CAPITALRISE, LLC 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. CAPITALRISE, LLC 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, CAPITALRISE, LLC 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 CAPITALRISE, LLC 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 HCD 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. CAPITALRISE, LLC 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. CAPITALRISE, LLC agrees to obtain all necessary permits for intended improvements or activities. O. CAPITALRISE, LLC shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. CAPITALRISE, LLC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HCD, 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. CAPITALRISE, LLC agrees to comply with any federally mandated requirements as to minority and women owned business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 10 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 HCD at the time the subcontractors are retained to perform such physical services. Q. CAPITALRISE, LLC 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 Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta, Georgia- Richmond County area is not desirable. R. CAPITALRISE, LLC 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. CAPITALRISE, LLC 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. CAPITALRISE, LLC will not discriminate against any person applying for shelter on the basis of religion. CAPITALRISE, LLC 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 CAPITALRISE, LLC has indirect cost allocation plan approved by the Augusta Housing and Community Development prior to the execution of this Contract. U. HCD shall not approve any travel or travel related expenses to CAPITALRISE, LLC with funds provided under this. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta, Georgia, as applicable. CAPITALRISE, LLC 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 CAPITALRISE, LLC or any subcontractor of CAPITALRISE, LLC or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta Housing & Community Development Department Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 11 ARTICLE VII. SUSPENSION AND TERMINATION A. In the event CAPITALRISE, LLC 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, Georgia may withhold cash payments until CAPITALRISE, LLC cures any breach of the Agreement. If CAPITALRISE, LLC fails to cure the breach, Augusta may suspend or terminate the current award of funds. CAPITALRISE, LLC will not be eligible to receive any other funding. B. Damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, HCD may withhold any payments to CAPITALRISE, LLC 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 CAPITALRISE, LLC for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, CAPITALRISE, LLC shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HCD 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 CAPITALRISE, LLC under this contract. ARTICLE VIII. 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 Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 12 CAPITALRISE, LLC will receive all notices at the address indicated below: CAPITALRISE, LLC ATTN: Peter Tuchyna and Frank Klimes 2924 Aylesbury Drive Augusta, GA 30909 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 ARTICLE IX. INDEMNIFICATION CAPITALRISE, LLC 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, CAPITALRISE, LLC specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE X. 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. HCD is not obligated to provide funding of any kind to CAPITALRISE, LLC beyond the term of this Agreement. CAPITALRISE, LLC 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 CAPITALRISE, LLC for the purpose of securing business and that CAPITALRISE, LLC has not received any non-Augusta fee related to this Agreement without the prior written consent of HCD. For breach or violation of this warranty, HCD 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. Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 13 ARTICLE XI. 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 XII. 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 XIII. 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. ARTICLE XIV. INSURANCE The DEVELOPER/CONTRACTOR shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract 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: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: CAPITALRISE, LLC By: _________________________ Owner _________________________ Owner Date:_______________________ Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract 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, Georgia- Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 18 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. All work shall be in compliance with the International Building Code current edition of National Electric Code, International Plumbing and Mechanical Code, and ADA 2010 Guidelines. B. Georgia Energy Code International Energy Conservation Code (IECC-2015). C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. D. 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). E. 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. F. 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 Antioch Ministries, Inc. -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 Lot No. 15 McQueen Court Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT CAPITALRISE, LLC/CAPITALRISE, LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, CAPITALRISE, LLC is deemed to possess knowledge concerning HCD ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to HCD under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that CAPITALRISE, LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, CAPITALRISE, LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if CAPITALRISE, LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by CAPITALRISE, LLC. CAPITALRISE, LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia (Laney Walker/Bethlehem Revitalization Project), 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. ____________________________________ Name CAPITALRISE, LLC, Owner Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION CAPITALRISE, LLC 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 Lot No. 15 McQueen Court Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 22 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 CAPITALRISE, LLC 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 and in connection with the project. 3. With HCD approval, CAPITALRISE, LLC 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 CAPITALRISE, LLC 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. 5. New Construction Costs and Requirements Augusta Housing & Community Development Department Lot No. 15 McQueen Court Contract Page 23 a. CAPITALRISE, LLC 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. CAPITALRISE, LLC must make sure contractors obtain and post all permits on job site. c. CAPITALRISE, LLC must 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, GA 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 7/21/2020 2:00 PM HCD_ Rehabilitation Program Approval Request Department:HCD Department:HCD Caption:Motion to approve seven (7) Rehabilitation projects. 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. The program has two major components: • Emergency Rehab – Code items to include only one of the following: roofing, HVAC, electrical or plumbing rehabilitation. • Home Owner occupied Rehabilitation – Full rehab to include but not limited to rehabbing of floors, bathrooms, counter tops, cabinets. The Homeowner-Occupied Rehabilitation Program is designed to bring the eligible homeowner’s dwelling into compliance with applicable, locally adopted housing rehabilitation standards to reduce ongoing and future maintenance costs, promote energy efficiency, and to preserve decent affordable owner-occupied housing. Federal funding for these activities is provided to Augusta, GA through the Community Development Block Grant (CDBG) Program and the Home Investment Partnership Program (HOME). This request will provide four (4) homeowners with funding for the following addresses: 1. 819 Spruce Street 30901 Curry’s Home Improvement $ 6,640.00 2. 1019 Eighth Street 30901 Curry’s Home Improvement $ 6,275.00 3. 1236 Summer Street 30901 Blount’s Construction $ 8,950.00 4. 1007 Summer Street 30901 Blount’s Construction $ 14,500.00 5. 803 Summer Street 30901 Curry’s Home Improvement $23,630.00 6. 1101 Eighth Street 30901 Blount’s Construction $ 39,966.00 7. 1234 Summer Street 30901 Curry’s Home Improvement $ 31,910.00 Cover Memo Analysis:The approval of this request will allow seven (7) homeowners to obtain compliant, decent, and safe housing. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. Total amount requested = $36,365.00. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve seven (7) Emergency Rehabilitation projects. Funds are Available in the Following Accounts: U. S Department of Housing and Urban Development (HUD) Funds - org keys/object codes are 221073212/5225110 REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM HCD_Laney Walker/Bethlehem (Lot. 10 McQueen Court) Contract Amendment Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to amend the contract between HCD and J. Lovett Homes & Construction, LLC for the construction cost of one (1) single family housing unit identified as Lot No. 10, McQueen Court, via the Twiggs Street corridor. 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 request involves the first amendment of the contract’s construction costs for the development of one (1) single-family housing unit within the Laney Walker/Bethlehem area identified as Lot No. 10 McQueen Court.Due to infrastructure requirements set forth by Planning and Development, we are needing to revise the construction costs for the project. Analysis:The approval of the amended contract will allow for development activities on this site to begin. Financial Impact:HCD will use Laney Walker/Bethlehem Bond Project funds for the amended construction to support the notated amendment: Original contract amount: $128,517.07 New contract amount: $141,999.11 Amended contract amount: $13,482.04 Alternatives:Do not approve HCD’s Request. Recommendation: Cover Memo Motion to approve Housing and Community Development Department’s (HCD's) request to amend the contract between HCD and J. Lovett Homes & Construction, LLC for the construction cost of one (1) single family housing unit identified as Lot No. 10, McQueen Court, via the Twiggs Street corridor. Funds are Available in the Following Accounts: HCD will utilize Laney Walker/Bethlehem Bond Project Funds: 298-07-7343-5413150 REVIEWED AND APPROVED BY: Cover Memo FIRST AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR Lot #10 McQueen Court This First Amendment to the agreement executed by and between the Parties on June 22, 2020, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereafter referred to as the J. Lovett Homes, LLC). WHEREAS, AUGUSTA desires to amend the original agreement to allow J. Lovett Homes, LLC to effectively administer its Laney Walker/Bethlehem Revitalization Project eligible activities; WHEREAS, J. Lovett Homes, LLC has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. Lovett Homes, LLC agree to amend said agreement as follows: (1) Article I., Section B. Use of Funds. Construction shall be revised to provide additional funding in the amount of $13,482.04 of Laney Walker/Bethlehem Bond Financing funds to support the construction of a single family unit located at Lot No. 10, McQueen Court. B. Use of Funds Laney Walker/Bethlehem Bond Financing funds shall be used by J. Lovett Homes, LLC. for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of Laney Walker/Bethlehem Bond Financing funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: b. Construction An amount not to exceed $ 141,999.11 in bond funds be expended by J. Lovett Homes, LLC to support the construction of an affordable, single-family housing units to be made Housing and Community Development Laney Walker/Bethlehem Revitalization Project Agreement Amendment J. Lovett Homes & Construction, LLC- Lot No. 10 McQueen Court 2 available for purchase by Laney Walker/Bethlehem Revitalization Project to eligible home buyers. Original contract states not to exceed $128,517.07 whereas amendment adds an additional $13,482.04 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett Homes, LLC .shall be paid a total consideration of $141,999.11 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett Homes, LLC. 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 J. Lovett Homes, LLC. J. Lovett Homes, LLC shall adhere to the following budget in the performance of this contract: Total Project Activity Cost $ 141,999.11 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Housing and Community Development Laney Walker/Bethlehem Revitalization Project Agreement Amendment J. Lovett Homes & Construction, LLC- Lot No. 10 McQueen Court 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. _________________________________ _________ J. Lovett Homes & Construction, LLC Date IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (The City) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 7/21/2020 2:00 PM HCD_Laney Walker/Bethlehem (Lot. 11 McQueen Court) Contract Amendment Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to amend the contract between HCD and J. Lovett Homes & Construction, LLC for the construction cost of one (1) single family housing unit identified as Lot No. 11, McQueen Court, via the Twiggs Street corridor. 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 request involves the first amendment of the contract’s construction costs for the development of one (1) single-family housing unit within the Laney Walker/Bethlehem area identified as Lot No. 11 McQueen Court. Due to infrastructure requirements set forth by Planning and Development, we are needing to revise the construction costs for the project. Analysis:The approval of the amended contract will allow for development activities on this site to begin. Financial Impact:HCD will use Laney Walker/Bethlehem Bond Project funds to support the notated amendment: Original contract amount: $135,861.10 New contract amount: $141,999.11 Amended contract amount: $6,138.01 Alternatives:Do not approve HCD’s Request. Recommendation: Cover Memo Motion to approve Housing and Community Development Department’s (HCD's) request to amend the contract between HCD and J. Lovett Homes & Construction, LLC for the construction cost of one (1) single family housing unit identified as Lot No. 11, McQueen Court, via the Twiggs Street corridor. Funds are Available in the Following Accounts: HCD will utilize Laney Walker/Bethlehem Bond Project Funds: 298-07-7343-5413150 REVIEWED AND APPROVED BY: Cover Memo FIRST AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR Lot #11 McQueen Court This First Amendment to the agreement executed by and between the Parties on June 22, 2020, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereafter referred to as the J. Lovett Homes, LLC). WHEREAS, AUGUSTA desires to amend the original agreement to allow J. Lovett Homes, LLC to effectively administer its Laney Walker/Bethlehem Revitalization Project eligible activities; WHEREAS, J. Lovett Homes, LLC has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. Lovett Homes, LLC agree to amend said agreement as follows: (1) Article I., Section B. Use of Funds. Construction shall be revised to provide additional funding in the amount of $6,138.01 of Laney Walker/Bethlehem Bond Financing funds to support the construction of a single family unit located at Lot No. 11, McQueen Court. B. Use of Funds Laney Walker/Bethlehem Bond Financing funds shall be used by J. Lovett Homes, LLC. for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of Laney Walker/Bethlehem Bond Financing funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: b. Construction An amount not to exceed $ 141,999.11 in bond funds be expended by J. Lovett Homes, LLC to support the construction of an affordable, single-family housing units to be made Housing and Community Development Laney Walker/Bethlehem Revitalization Project Agreement Amendment J. Lovett Homes & Construction, LLC- Lot No. 10 McQueen Court 2 available for purchase by Laney Walker/Bethlehem Revitalization Project to eligible home buyers. Original contract states not to exceed $135,861.10 whereas amendment adds an additional $6,138.01 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett Homes, LLC .shall be paid a total consideration of $141,999.11 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett Homes, LLC. 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 J. Lovett Homes, LLC. J. Lovett Homes, LLC shall adhere to the following budget in the performance of this contract: Total Project Activity Cost $ 141,999.11 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Housing and Community Development Laney Walker/Bethlehem Revitalization Project Agreement Amendment J. Lovett Homes & Construction, LLC- Lot No. 10 McQueen Court 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. _________________________________ _________ J. Lovett Homes & Construction, LLC Date IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (The City) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 7/21/2020 2:00 PM HCD_Laney Walker/Bethlehem MOU Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to implement a Memorandum of Understanding (MOU) with CGG Holdings and Laney Walker Development Corporation (LWDC), a procured developer, to construct up to 70 new, affordable/market rate rental housing units as part of the Immaculate Conception Phase I Development Area identified as 1016 and 1102 Laney Walker Blvd. 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 the development of up to 70 new, affordable/market rate rental housing units as part of the Immaculate Conception Phase I Development Area identified as 1016 and 1102 Laney Walker Blvd. within the Laney Walker/Bethlehem area. Analysis:The approval of the MOU will allow for pre-development and other developmental activities to commence on this site. Financial Impact:HCD will not allocate funds toward this project. Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to implement a Memorandum of Understanding (MOU) with CGG Holdings and Laney Walker Development Corporation (LWDC), a procured developer, to Cover Memo construct up to 70 new, affordable/market rate rental housing units as part of the Immaculate Conception Phase I Development Area identified as 1016 and 1102 Laney Walker Blvd. Funds are Available in the Following Accounts: HCD will not allocate funds toward this project. REVIEWED AND APPROVED BY: Cover Memo Prepared by: Housing and Community Development (HCD) For: HCD/CGG/LWDC Hawthorne E. Welcher, Jr. Shauntia Lewis Director Deputy Director Memorandum of Understanding Laney Walker / Bethlehem (LW/B) Revitalization- “Immaculate Conception Development- Phase 1” This Memorandum of Understanding (“MOU”) is entered into on the ____ day of ______________, 2020, by and between the Augusta, GA’s Housing and Community Development Department (HCD) and CGG Holdings (CGG) or its assignee through its partnership with the Laney Walker Development Corporation (LWDC) – procured Laney Walker/Bethlehem (LW/B) Revitalization Project Developer (CGG/LWDC). HCD serves as AUGUSTA GEORGIA’s master developer which has partnered with the Laney Walker Development Corporation to work in LW/B. The above-named parties to this Memorandum of Understanding recognize the importance of facilitating developments within the LW/B neighborhoods to include increasing homeownership housing opportunities, improving access to rental housing, and renovating existing home as a joint, coordinated effort. This MOU and the accompanying program descriptions set forth the terms and conditions under which the parties express their intent to present and execute a comprehensive approach to achieving the goals of this housing initiative. It is expected that a signed Development Agreement will evolve from this MOU. Part I. Structure and Purpose of Initiative This local initiative will be known as the Laney Walker/Bethlehem Redevelopment Project Initiative (the "Initiative"). The greater Initiative is designed to facilitate the development of residential housing, small business opportunities, and diversification and mixed-use development located on property currently owned by the Augusta, Georgia Land Bank Authority (AGLBA). Augusta, GA has concluded that it is beneficial to act as a team for the purpose of increasing homeownership, rental housing opportunities, and economic growth as well as retaining the cultural and historic context that defines the LW/B communities. HCD has determined that the development of Priority Project Development Areas, including Laney Walker Blvd. (specifically the Immaculate Conception site), is best suited for multi-family housing and commercial development. See Attachment “A” for preliminary Project Area Site Plan. The process used to select the project location took not consideration key real estate development factors that included items such as current land uses, availability of vacant land and buildings, site control of the AGLBA, and the location of community resources throughout the LW/B neighborhoods. The greater initiative will also include development of land sites, the construction of new homes on vacant lots, renovating existing vacant and abandoned houses, branding, and marketing services, the provision of outreach services to attract homebuyers, and any other activities related to identifying, preparing, and facilitating development within the development areas. Other services to be provided through the Initiative will include: infrastructure development, construction services in the areas of building renovation, and new infill construction. Prepared by: Housing and Community Development (HCD) For: HCD/CGG/LWDC Part II. Partnership Goals The goals of the Initiative are as follows: • Foster comprehensive revitalization in cooperation with AHCD and CGG HOLDINGS or its assignee through its partnership with LWDC for the development/construction and promotion of new, multi-family housing/commercial development in the LWB communities; • Increase affordable/market rate rental opportunities in LW/B on Laney Walker Blvd. as part of a comprehensive Community Economic Development initiative; • Foster the use of architecturally compatible building designs that capture the character and history of LW/B communities, utilizing the LW/B Patter Book as a basis, and • Conduct outreach activities to potential renters in the community to inform them of housing opportunities. Part III. Responsibilities of the Parties The parties will have the following responsibilities: HCD will: • Transfer the ownership of the properties in the Immaculate Conception Development Area to CGG HOLDINGS or its assignee for the purpose of constructing new rental housing units via multifamily format. This property will transfer based on mutually agreed upon sales price: • Demolish select units to make way for new construction (where applicable); • Work closely with members of the Initiative to facilitate architecturally compatible, multi-family, rental units as established by the Pattern Book and related master plans; • Provide regulatory support to facilitate the work of the Initiative (including environmental assessment support- up to a specified dollar amount); • Support re-zoning land use amendments, and request for land development variances needed to support development of the development area; • Work closely with AUGUSTA GEORGIA’S Planning and Development Department to provide information needed for land development; • Actively participate in all joint marketing and outreach elements of the programs; • Assist with the development and preparation of effective marketing strategies and material for community organizational meetings, mailings, and newsletters; • Work in conjunction with approved Initiative participants and maintain open channels of communication with these participants; • Provide opportunities for joint development of initiatives sponsored by the City and members of the Initiative; and • Actively support the marketing of the Initiative and opportunities it provides. CGG Holdings or its Assignee will: Prepared by: Housing and Community Development (HCD) For: HCD/CGG/LWDC • Develop up to 70 new, affordable/market rate rental housing units as part of the Immaculate Conception- Phase I Development Area in partnership with HCD through LWDC, a LW/B procured developer; • Follow construction practices as prescribed in the LW/B Contractor’s Manual; • Provide documentation, when requested, in a timely manner that confirms proof on all insurance required to provide construction services in the LWB Redevelopment Area; • Assist with the development and preparation of effective marketing strategies and material for community organizational meetings, mailings, and newsletters; • Work in conjunction with approved Initiative participants and maintain open channels of communication with other project participants; • Retain an architectural design firm that will prepare multi-family plans that are compatible with the Pattern Book; • Provide site security to prevent the loss and delays associated with the theft of construction materials, etc. • Develop a timetable of project delivery; and • Assign a local representative of CGG HOLDINGS or its assignee that will be able to make decisions regarding field work, etc. With the increase in production, this representative will be required on- site daily. Part IV. Performance Objectives The overall performance of the Initiative will be evaluated on the number of rental units developed at Immaculate Conception and the number of tenants who actually obtain rental housing. To date, HCD has undertaken an extensive effort to ensure the success if this revitalization. Public meetings were initially held to receive stakeholder input, and on-going meetings are being held to keep the public informed. Land acquisition activities have resulted in significant and meaningful site control. Master plans have been designed to guide the production of architecturally compatible design, planning, construction, and marketing of the LW/B project as a whole. Part V. Public Relations The parties agree that initially, and throughout the term of this MOU, marketing and public announcements relative to Initiative activities be coordinated among and approved by the HCD prior to public release. Part VI. Relationship of Parties Nothing in this MOU shall be deemed to constitute or create an association, partnership or joint venture among the participating parties, or any agency or employer-employee relationship. No party is granted, nor shall it represent that it has been granted, any right or authority to assume or create any obligation or responsibility, expressed or implied, on behalf of, or in the name of another party, or bind another party in any manner. Prepared by: Housing and Community Development (HCD) For: HCD/CGG/LWDC Part VII. Term; Early Termination The term of the MOU is 90 days from the date of the execution of this MOU. It is the intention of the participants to work diligently to ensure that within 90 days, CGG HOLDINGS or its assignee, can enter into a Development Agreement with AUGUSTA GEORGIA’S Housing and Community Development Department through its partnership with the Laney Walker Development Corporation (LWDC). The participating parties reserve the right to terminate the MOU with 30 days’ notice for failure to evidence information that is determined to be critical to successfully transition for this MOU into a Development Agreement required to build new rental housing in the LW/B Redevelopment Area. The afore-mentioned Development Agreement shall include, but is not limited to, a) project scope of services, b) use of funds, c) terms of agreement, d) timetable for completion, e) project financing/commitments, f) etc. Part VIII. Administration and Reports HCD will facilitate monitoring the Initiative and providing monthly reports to the participants. Part IX. Additional Provisions Each entity that is a signing partner to the MOU shall identify a primary contact and an alternative contact. The primary contact and the alternate contact shall be designated and identified in an addendum to this MOU. Part X. Acknowledgements As the authorized representative for my organization, I have read this MOU regarding the Initiative. I agree that it accurately describes the purpose, operational plan and roles of the Initiative participants. I understand that this document is not a contract and is not a legally binding agreement. However, by executing this Memorandum of Understanding, I further understand that the participating parties are forming an alliance to accomplish the goals set forth herein. Executed on this day: _________________________________ AUGUSTA, GEORGIA Prepared by: Housing and Community Development (HCD) For: HCD/CGG/LWDC (SEE ATTACHED PAGE OF ATTESTMENT) CGG Holdings or its Assignee By: ________________________________ Name: _________________________________ Title: _________________________________ Laney Walker Development Corporation By: _________________________________ Name: _________________________________ Title: ________________________________ IN WITNESS WHEROF, the parties have set their hands and seals as the date first written above: Prepared by: Housing and Community Development (HCD) For: HCD/CGG/LWDC ATTEST: AUGUSTA, GEORGIA Date:________________________ Hardie Davis As Its Mayor By:___________________________________________ Date:________________________ Jarvis Sims As Its Interim Administrator By:___________________________________________ Date:________________________ Hawthorne Welcher As Director, HCD Approved as to Form by:________________________________ Date:___________________ Augusta, GA Law Department SEAL _____________________________________ Lena Bonner As its Clerk of Commission Commission Meeting Agenda 7/21/2020 2:00 PM June 19 Juneteenth paid holiday Department: Department: Caption:Motion to approve June 19 (Juneteenth) as an ARC holiday. (Requested by Commissioner Bill Fennoy) Background:An American holiday that commemorates June 19, 1865. ... Texas was the most remote of the slave states, and the Emancipation Proclamation of January 1, 1863, was not enforced there until after the Civil War had ended. Fulton County and City of Atlanta recently approved unanimously Juneteenth as a paid holiday. Analysis:Though not a federal holiday, 47 states and the District of Columbia recognize Juneteenth as a state or ceremonial holiday.Texas was the first state to recognize the holiday in 1980. In 2011, Georgia became the 37th state to recognize Juneteenth as a state holiday. ... Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Local Small Business Ordinance Revision Department:Compliance Department:Compliance Caption:Local Small Business Ordinance Revision. Background:On December 10, 2019, the Compliance Department conducted a presentation to the Administrative Services Committee regarding the need to expand the Local Small Business Opportunity Program geographically and economically. During that presentation, there was a request to revise the current local small business ordinance to reflect the needed changes. The Administrative Services Committee approved the request on December 10, 2019 and the full Commission approved the request on December 17, 2019. The original ordinance, revised draft, and propose new ordinance are attached. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo t ORDINANCE NO 2 1 AN ORDINANCE TO AMEND THE AUGUSTA GEORGIA CODE ARTICLE ONE CHAPTER TEN RELATING TO THE PROCUREMENT OF GOODS AND SERVICES THE LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM AND THE DBE PROGRAM FOR FEDERALLY ASSISTED PROJECTS SO AS TO PROVIDE UPDATES AND TO ESTABLISH POLICIES PROCEDURES AND GUIDELINES REGARDING THE PROCUREMENT PROCESS AND THE LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS it is the desire of the Augusta Georgia Commission to update Code provisions relating to the procurement of goods and services so as to reflect changes in Georgia law and to improve the efficiency of the procurement process WHEREAS it is the desire of the Augusta Georgia Commission to increase the effectiveness of the Local Small Business Opportunities Program and to broaden the number of businesses eligible to participate in the program and to implement race and general neutral measures to reduce discrimination inAugusta Georgia WHEREAS it is the desire of the Augusta Georgia Commission to update and improve its DBE Program for Department of Transportation DOT Federal Transportation Administration FTA Federal Aviation Administration FAA and other federally funded proj ects and to ensure full compliance with state and federal regulations WHEREAS the DBE Program for DOT FTA and FAA funded projects is to be approved by the Department of Transportation before it is effective WHEREAS based on the foregoing the Augusta Georgia Commission recommends amending Article one Chapter ten of the AuGUSTA GA CODE THE AUGUSTA GEORGIA COMMISSION ordains as follows SECTION 1 AvGUSTA GA CoDE Article one Chapter ten as set forth in the AUGUSTA GA CoDE readopted July 10 2007 is hereby amended by striking this chapter in its entirety A new Chapter ten is hereby inserted to replace the repealed Code Chapter ten as set forth in Eibit A hereto SECTION 2 This ordinance shall become effective upon its adoption in accordance with applicable laws ccr IDB DBE Program shall be effective only following approval ofthe Department of Transportation SECTION 3 All ordinances or parts of ordinances in conflict herewith are hereby repealed Adopted this 30 day of June 2011 lst reading June 21 2011 i David S openhaver As its Mayor Attes Ua ic 1 i S0 6 EsT a r o tF 4 9 CERTIFICATION1OtGsa The undersigned Clerk of Commission Lena J Bonner hereby certifies that the foregoing Ordinance was duly adopted by the Augusta Georgia Commission on T 2011 and that such Ordinance have not been modified ortre 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 foreoing meetin s rm9 ena J B er Clerk of Commission Published in the Augusta Chronicle Date July 14 Page 87 of 111 Chapter 10B LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM Sec. 1-10-122. Title. Augusta, Georgia Local Small Business Opportunities Program (“LSBOP”). Sec. 1-10-123. Objective. Augusta, Georgia is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta, Georgia, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful sub- contractors, thereby promoting balanced economic and community growth throughout Augusta, Georgia. The LSBOP is a race and gender-neutral program. Sec. 1-10-124. Policy, intent and purpose. (a) Policy. It is the policy of Augusta, Georgia that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through the Augusta, Georgia governing authority. Further, the Augusta, Georgia Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta, Georgia has established the LSBOP to promote opportunities for registered Local Small Business to participate in Augusta, Georgia’s contracting and procurement activities by requiring contractors to utilize registered Local Small Businesses to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference of Code § 1-10-6. (b) Intent and Purpose. The Augusta, Georgia Local Small Business Opportunity Program is established to encourage equal opportunity, Page 88 of 111 diversity, and equity in Augusta, Georgia’s contracting and procurement activities. In a race and gender neutral manner, the Program will promote fair and equal opportunities for all local small businesses. It is specifically intended that the encouragement of local small businesses will allow for the development and growth of such businesses to increase competition for construction and procurement opportunities. (1) It is the intent and purpose of this Program to encourage equal opportunity in Augusta, Georgia’s contracting and procurement and to eliminate discrimination and the effects of past discrimination therein. (2) It is also the intent and purpose of this Program to encourage the use of the Local Small Business Opportunity Program, which will have the benefit to Augusta, Georgia of assisting the local economy with job formation while remedying the discrimination against minority owned business enterprises in the Augusta, Georgia contracts and procurement in a race and gender-neutral manner. (3) It is also the intent and purpose of the LSBOP to develop evidence relevant to whether future race and gender conscious programs are necessary to remediate the effects of past or current discrimination, as required by applicable laws. Sec. 1-10-125. Definitions. (a) Generally. Those definitions set forth in Chapter 10 of this Code shall also apply to Chapter 10B, except as provided in this section. (b) Specifically. (1) Citizen’s Small Business Advisory Board (CSBAB). Is a council to advise the Commission and the Director of minority and small business opportunities of matters pertaining to the LSBOP, and to meet with small businesses to review and advise as to the issues in program administration. See Ga. Laws 1995, p. 3648, § 14(d) (hereinafter Consolidation Act). (2) Commercially Useful Function. For the purpose of determining whether a registered Local Small Business is performing a commercially useful function, Director of minority and small Page 89 of 111 business opportunities shall consider all of the facts in the record, viewed as a whole, including without limitation the following: (i) A Local Small Business performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. (ii) To perform a commercially useful function, the Local Small Business must be responsible, with respect to material and supplies used on the contract or sub-contract for which it is engaged, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. (iii) A Local Small Business does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of Local Small Business participation. In determining whether a Local Small Business is such an extra participant, the Director of minority and small business opportunities will examine similar transactions, particularly those in which Local Small Businesses do not participate. (3) Director of minority and small business opportunities. The person designated by the Commission “to serve as equal employment opportunity director and as director of minority and small business opportunities” in accordance with § 14(c) of the Consolidation Act. (4) Good Faith Efforts. Techniques used by a bidder/proposer to seek Local Small Businesses to participate as a subcontractor or supplier required to fulfill the bid/proposal request for participation. Such good faith efforts of a bidder/proposer include, but are not necessarily limited to, the following actions: (i) Including qualified local small businesses in the prime contractor’s solicitations for subcontractors and suppliers. (ii) Assuring that local small businesses are solicited whenever such business enterprises can perform a commercially useful function. Page 90 of 111 (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of local small businesses. (iv) Establishing delivery schedules, where the requirements of the prime contract permit, which encourage participation of local small businesses. (v) Using the services and the assistance of the Director of minority and small business opportunities in the identification of qualified local small business and negotiating subcontracts and supply contracts with such enterprises. (vi) Requiring each first tier subcontractor to take the affirmative steps outlined in sub paragraphs 1 through 5 above with respect to the identification and usage of second or third tier sub- contractors. (vii) Placing notices of opportunities for qualified local small business to perform subcontracting work on the eligible project in newspapers, trade journals, and other relevant publications, including publications specifically targeted to local small businesses, or communicating such notices of opportunities via the Internet or by other available media or means. (viii) Designating portions of the work for local small businesses subcontracting in trades with available local small business subcontractors. (ix) Providing a minimum of five (5) days notice to local small businesses when requesting bids or proposals for furnishing material or services as a subcontractor or supplier. (5) Gross Receipts. Total income or, in the case of sole proprietorship gross income, plus “cost of goods sold” as these terms are defined or reported on Internal Revenue Service (IRS) Federal tax return forms; Form 1120 for corporations; Form 1120S for Subchapter S corporations; Form 1065 for partnerships; and Form 1040, Schedule F for farm or Schedule C for sole proprietorships. Page 91 of 111 (6) Joint Venture. An association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. (7) Local Small Business. A corporation, sole proprietorship, partnership or other business organization that meets the requirements for registration as such with Augusta, Georgia in accordance with Section 1-10-128 of this Code. (8) Monthly Utilization Report or MUR. A memorialization by a prime contractor of all subcontracting and Local Small Business participation utilized on a contract. Contractors/vendors are required to submit the Monthly Utilization Reports on all subcontracting participation to the Director of minority and small business opportunities. (9) Non-Discrimination Statement. Written affirmation made by a bidder relating to the bidder’s conduct prior to submission of a bid as well as after award of a contract that the bidder agrees to: (i) Follow the policies of Augusta, Georgia relating to the participation of local small businesses. (ii) Undertake certain measures to ensure the maximum practicable participation by local small businesses; and (iii) Not engage in discriminatory conduct against local small businesses inconsistent with this Policy. (10) Personal Net Worth. Net value of the assets of an individual owner, after total liabilities are deducted must not exceed seven hundred and fifty thousand dollars ($750,000). An individual’s Personal Net Worth does not include the individual’s ownership interest and the individual’s equity in his or her primary place of residence. An individual’s Personal Net Worth includes his or her share of assets held jointly with the individual’s spouse. Property held by the entireties is deemed to be owned equally by the spouse. (11) Prime Contractor. A person or firm who is awarded a contract from Augusta, Georgia for provision of goods or services and has the Page 92 of 111 primary responsibility for performance of the contract. The Prime Contractor may subcontract portions of the work required to Subcontractors, as indicated in the bid or solicitation documents. (12) Registered Local Small Business. Any business entity registered by the Director of minority and small business opportunities, providing goods or services, which has its principal office and place of doing business in Augusta, Georgia; with three (3) year average gross annual receipts being not more than one and one half million dollars ($1,500,000); and whose owners meet the personal net worth threshold, all as defined herein. The term Local Small Business shall also include a manufacturer with seventy-five (75) employees or less or wholesaler with fifty (50) employees or less without regard to gross revenues. (13) Schedule of local small business participation. Written data sheet which is a required submittal for a bid or proposal that lists proposed local small business subcontractors and the estimated value of proposed sub-contracts. Sec. 1-10-126. Application; effective date. Except as otherwise provided, this ordinance shall apply to all bids, proposals, contracts, expenditures and purchases commenced by Augusta, Georgia except sole source or emergency procurements and certain federally funded projects as provided herein. The effective date of this ordinance shall be the date it is approved by the Augusta, Georgia Commission. Sec. 1-10-127. Program administration. (a) Services to be provided by the Local Small Business Opportunities Program. The Director of minority and small business opportunities shall have the primary responsibility to assure that the LSBOP is effectively and equitably carried out in Augusta, Georgia. Other Augusta, Georgia officials, the Procurement Director, Department Directors and management personnel shall give their full cooperation towards the implementation of the LSBOP. Page 93 of 111 (b) Program. The LSBOP administration consists of performing vendor registration, education and outreach, and review of bid and proposal documents. Specifically, the program shall consist of: (1) Developing and administering local small business registration criteria and procedures. (2) Establishing and maintaining a directory available to the public of registered local small businesses capable of supplying the type and quality of equipment, supplies, general services, construction, and professional services required by Augusta, Georgia. (3) Regularly seeking out and registering new local small businesses to bid on Augusta, Georgia purchases and solicitations. (4) Notifying vendors of their registration status and advising non- registered parties of their right to appeal the denial of registration which shall be filed with the Director of minority and small business opportunities within five (5) days of receipt of such notice. (5) Developing annual forecasts and periodically updating same based on a review of anticipated purchases and registered local small businesses. (6) Monitoring and reporting on legislative and judicial actions relevant to local, small business interests. (7) Reviewing specifications and bid documents with the Procurement Department to ensure maximum opportunities for registered local small businesses to compete on an equal basis for contracting opportunities and to perform commercially useful functions. (8) Convening and/or participating in information sessions with local small businesses regarding bid requirements and contract performance. (9) Providing technical assistance, conducting seminars, visiting vendors, and performing other outreach services to encourage and increase participation in Augusta, Georgia’s bidding process by local small businesses. Page 94 of 111 (10) Exploring and developing other means of expanding the program, and attracting and increasing local small business participation including joint efforts with other governmental agencies and authorities. (11) Refer local small businesses to third party development assistance providers when appropriate for bonding, financial and technical assistance. (12) Attend pre-bid, pre-qualification or pre-proposal conferences to provide information on the LSBOP. (13) Preparing and presenting an annual LSBOP report to the Augusta, Georgia Commission. (14) Assist prime contractors and other potential bidders in identifying and contacting local small businesses. (15) Develop outreach programs specifically targeted to educate local small businesses about the LSBOP. (16) The Director of minority and small business opportunities shall work with User Departments to set contracting goals for each project over $100,000 to include those with subcontracting and/or supplier possibilities. The Director of minority and small business opportunities and User Departments shall have the authority to reduce or eliminate such local small business goals on a project based on the type of contract, the type of subcontracting work that will be required, and the availability of local small businesses. (17) At Risk Management Construction Project Prime bidders will also be subject to the contract goals for subcontractors. (18) Augusta, Georgia shall indicate goals for local small businesses in Project Specific solicitations over $100,000 to provide opportunities for local small business participation. (19) Where a bid provides a goal for local small business participation, the Director of minority and small business opportunities and User Department shall recommend a bidder be awarded a contract only where the bidder has demonstrated Good Faith Efforts to meet the designated goals. Page 95 of 111 (20) Notify all registered vendors of formal bid opportunities through direct solicitation or public advertisement, including information on the LSBOP. (21) Work with project managers or user agencies to divide larger projects into smaller projects or contracts when commercially appropriate, in order to create more opportunities for local small businesses to participate in contracts let by Augusta, Georgia. (22) Provide data and technical assistance to support the outreach efforts of the LSBOP as necessary and appropriate. (23) Ensure specifications are open and competitive. (24) The Director of minority and small business opportunities, the Using Agency and the Finance Director, may make special provision for progress payments as deemed reasonable to assist local small businesses to carry out the terms of a contract. (25) When a local small business is awarded a contract with Augusta, Georgia, the Procurement Director may furnish written confirmation of the same, providing the terms of the contract which may be used by the local small business in negotiating lines of credit with lending institutions. (c) Evaluation of the Local Small Business Opportunity Program. The LSBOP shall be evaluated on an annual basis. Each annual report shall be compiled by the Director of minority and small business opportunities and shall compare the fiscal year ending with the previous fiscal year. Evaluation of the program may include: (1) Number of local small business firms registered; (2) Training and technical assistance offered to local small businesses; (3) Dissemination of LSBOP information at pre-bid conferences; and (4) Evaluation of the effectiveness of the local small business in relation to the achievement of Augusta, Georgia’s goals set forth under this policy, including the utilization of local small businesses on contracts. Page 96 of 111 Sec. 1-10-128. Registration and certification procedures. (a) Registration Criteria; acceptance of certification by other governmental agencies. The LSBOP requires prior registration or evidence of current certification by other governmental agencies Local Small Business in order to count the participation of that toward program goals. Eligibility requirements for registration are: (1) Certification as to small business status may be accepted from other local governmental, state or federal agencies that apply criteria substantially similar to that imposed by this ordinance. (2) Applicant firm must complete an appropriate application form obtained from the Director of minority and small business opportunities and must qualify as a local small business, as the term is defined in this Article as to principle place of business, gross annual receipts and personal net worth thresholds. (3) Applicant firm must have its principal place of business located within the geographic limits of Richmond County. A location utilized solely as a post office box, mailbox, mail drop, virtual office, telephone message center, or any combination thereof, with no substantial work function, shall not be deemed to be a significant local presence sufficient to qualify as a local small business. (4) Applicant firm must possess a valid Augusta, Georgia business license for six (6) months prior to submitting their LSBOP registration application; (5) The firm’s three (3) year average annual gross receipts, as defined herein, must not exceed $1.5 million ($1,500,000) in annual gross receipts; the annual gross receipts limitation shall not apply to manufacturers with seventy-five (75) employees or less or wholesalers with fifty (50) employees or less. (6) Applicant firm owner must be a citizen or lawfully admitted permanent resident of the United States; Page 97 of 111 (7) Applicant firm must be a business, including a sole proprietorship, partnership, corporations, limited liability company, or any other business or professional entity: (i) which is at least fifty-one (51) percent owned by one (1) or more of the applicant individuals identified, and the ownership must have been in existence for one (1) year or more; and (ii) in the case of a publicly-owned business, at least fifty-one (51) percent of all classes of stock which is owned by one (1) or more of such persons, each of whom meets the net worth criteria as defined herein. (8) No individual owner of an applicant firm, or if a sole proprietorship or partnership the individuals themselves, may have a personal net worth that exceeds $750,000, as that term is defined in this Article. (9) No local small business shall be registered on the basis of the race or gender of its ownership regime. (b) Renewal of Registration. Local small business registration is valid for a two-year period beginning on the date Augusta, Georgia registers the business. To re-apply, a local small business must submit a new application and evidence of continuing eligibility. It is the responsibility of the local small business to notify the Director of minority and small business opportunities of any change in its circumstances affecting its continued eligibility for the program. Failure to do so may result in the firm’s de-registration and preclusion from future participation in the LSBOP; (1) A Local Small Business that no longer meets registration criteria shall not be re-registered by the Director of minority and small business opportunities; (2) Firms that have been denied registration or re-registration may protest the denial as follows: (i) Within five (5) days of receipt of denial of registration or re- registration, the firm may protest such action in writing to the Page 98 of 111 Director of minority and small business opportunities. Protests filed after the five (5) day period shall not be considered and are deemed a failure on the part of the protestor to exhaust administrative remedies. (ii) A hearing shall be held by Augusta, Georgia Administrator (or his or her designee) at which time the firm may present additional facts and evidence in support of its eligibility. Augusta, Georgia Administrator (or his or her designee) shall control all aspects of the hearing, including scheduling, conduct, witnesses, and evidence, and may request the attendance of witnesses and production of particular documents. (iii) Augusta, Georgia Administrator shall send written notice of the decision to the firm within thirty (30) days of the hearing. (iv) A firm found to be ineligible cannot apply for registration or re-registration for a period of one year after the effective date of the final decision. (c) Limitations. Notwithstanding any other provision of this program except on a finding of good cause by Augusta, Georgia, a registered local small business is no longer eligible to participate in the LSBOP after being enrolled for ten (10) consecutive years regardless of whether the firm received contracts or prime contracts under the program. If a firm has been released from the program before graduation as a result of exceeding the LSBOP thresholds, it will still be eligible to receive contracts from Augusta, but such participation will not be counted toward the LSBOP goal of identifying and employing local small businesses to the greatest extent possible. In determining whether a good cause exists for a firm to continue participation beyond ten (10) consecutive years, Augusta may review all relevant factors such as amount of business previously received by the firm, and capability of other small firms to provide goods and services, impact on a potential contract opportunity for other local businesses to compete. In no event shall a firm’s participation in the program extend beyond fifteen (15) years. Page 99 of 111 Participation or registration as a local small business in the LSBOP shall not preclude a registered firm from competing for a prime contract with Augusta, Georgia on the same basis as other prime contractors or suppliers. (d) Graduation. Augusta, Georgia shall graduate a local small business from eligibility as a local small business. The local small business will be graduated from local small business if any one of the following occurs: (1) The local small business’ gross revenues in each of the previous consecutive three (3) years exceed an average of $1.5 million; (2) The net worth of any owner of a local small business exceeds an average of $750,000 for each of the previous consecutive three (3) years, exclusive of principal residence and the value of the local small business; or (3) The local small business has participated in the LSBOP for ten (10) years and Augusta, Georgia has not approved an extension of participation based on good cause. Sec. 1-10-129. Local small business opportunities program participation. (a) Sealed Bids, Sealed Proposals, Professional Services And Other Major Purchasing. The following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts, including but not limited to construction contracts, requests for professional services and the performance of public works contracts. The Augusta, Georgia user department shall indicate goals for local small business in all solicitations for contracts over $100,000 in value: (1) Bid conditions, requests for proposals, and all other specifications for contracts awarded by Augusta, Georgia will require that, where subcontracting goal is utilized in performing the contract, the bidder or proponent, will make Good Faith Efforts to subcontract with or purchase supplies from local small businesses. Bid specifications will require the bidder or proponent to keep records of such efforts that are adequate to permit a determination of compliance with this requirement. Page 100 of 111 (2) Each bidder shall be required to provide documentation of achieving goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed, recorded on the form(s) provided or made available as part of the bid package. If there are no sub-contracting opportunities, bidder shall so indicate on the appropriate form. (3) For all such contracts, the Procurement Department will provide the Director of minority and small business opportunities with a copy of the invitation to bid or bid specifications including scope of work. The Director of minority and small business opportunities will identify the existence of registered local small businesses which are qualified to submit bids as prime contractors. (4) The Director of minority and small business opportunities shall identify subcontracting opportunities and shall make available trade- specific lists of registered local small businesses to potential prime contractors. Prime contractors are encouraged to form Joint Ventures with local small businesses to perform major contracts, particularly in the areas of construction and professional services. (5) Within thirty (30) days of the adoption of this Ordinance, the Procurement Department will include a copy of this ordinance in each bid or proposal package or shall publish and make available an internet link at which the LSBOP Ordinance and related forms may be found on the official website of Augusta, Georgia. (6) All bid documents shall require bidders or proponents to submit with their bid the following written documents, statements or forms, which shall be made available by the Procurement Department. (i) Non-Discrimination Statement which shall affirm the bidder’s: (a) adherence to the policies of Augusta, Georgia relating to equal opportunity in contracting; (b) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (c) agreement not to engage in discriminatory conduct of any type. Page 101 of 111 (ii) Proposed Local Small Business Subcontractor/Supplier Utilization Plan. (iii) Documentation of Good Faith Efforts to use local small businesses. Failure to submit the above documentation shall result in the bid or proposal being declared non-responsive. (7) Before advertising and soliciting bids, the Director of minority and small business opportunities and using department will assess if large contracts can be segmented into multiple contracts. Methods to be considered include: (i) The term of a contract may be shortened that results in a dual effect; the reduction of quantity required, and the risk inherent in guaranteeing prices over a longer period of time. (ii) Work to be performed may be grouped according to geographic location within Augusta, Georgia. (8) When the Solicitation bid document contains a local small business goal, each Bidder must either: meet the local small business goal or comply with the Good Faith Effort requirement set for in section 1- 10-125(b)(4). Failure to do so constitutes grounds for rejecting the Bid. (9) When the Solicitation bid document does not contain a local small business goal, each bidder must negotiate in good faith with each local small business that responds to the Bidder’s solicitation and each local small business that contacts the Bidder on its own accord. (10) Self-Performance. Self performance does not exempt Bidders from the LSBOP requirements unless the self performer is a qualified and registered local small business. Bidders that do not meet the local small businesses goal and desire to self-perform all or part of the construction contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as set forth in section 1-10-125(b)(4). Page 102 of 111 (b) Departmental Purchase Requirements (All Formal Bids over $100,000). User Departments making purchases or issuing solicitations for projects over $100,000 (including project management, contract management, and/or construction, and/or design contracts) shall have the following duties and responsibilities with regard to the LSBOP: Departments shall: (1) Establish Project Specific Goals on all projects $100,000 and above. (2) Submit the scope of work and cost estimate evaluations to the Director of minority and small business opportunities so appropriate local small business subcontracting goals may be determined. (3) Assist the Director of minority and small business opportunities with setting Project Specific Goals. (4) Assist in identification of available local small businesses. (5) Gather and maintain data for those contracts which they manage. (6) Submit subcontracting data to the Director of minority and small business opportunities within fourteen (14) days of progress payments and thirty (30) days of contract closeout. (7) Submit to the Director of minority and small business opportunities, on or before the beginning of each Fiscal year, the Department’s annual list of projects, listing all upcoming projects, estimating the probable monetary value, and stating the projected bid advertisement date. (8) Indicate goals for local small businesses in solicitations for contracts that provide opportunities for local small business participation. (9) Work with User Departments to monitor contracts to facilitate prompt payments to local small business and to be in compliance with Project Specific Goals and commitments. (10) Track and report statistics regarding the effectiveness of the LSBOP, as measured by a review of data indicating prime and subcontractor spending with local small business, as required by the policies and procedures. Page 103 of 111 (c) Methodology for Setting Local Small Business Project Specific Goals. The Director of minority and small business opportunities in consultation with User Department shall establish a local small business goal for all contracts through rules and guidelines for the implementation of the LSBOP. Such methodology shall take into account the reasonably known availability of subcontracting opportunities that local small businesses can perform on each contract. Local small business goals should be calculated based upon specific contracting, subcontracting, and/or supplier opportunity and the availability of local small business registered in Augusta, Georgia’s directory. For federally funded projects, this will be achieved by applying the Federal Guidelines for setting Goals 49 CFR Parts 26-45. (d) Post Contract Award Requirements. The purpose of this sub-section is to establish requirements for contractor compliance with the LSBOP after a contract has been awarded. This is incorporated into all Augusta, Georgia Contracts for which a local small business goal has been established or negotiated. (1) Contractors shall have an affirmative, ongoing obligation to meet or exceed the committed local small business goal for the duration of the contract. The Augusta, Georgia may deem a contractor to be in violation of the LSBOP and in breach of its contract if at any time Augusta, Georgia determines that: (a) The contractor will not meet the committed local small business goals; and (b) the reasons for the contractor’s failure are within the contractor’s control. For example, if a contractor does not meet the local small business goal because the contractor terminated a local small business without cause or if the contractor caused and local small business to withdraw from the project without justification, then Augusta, Georgia is justified in finding the contractor to be in violation of the LSBOP. (2) Exceptions. A contractor shall not be deemed in violation of this Program for failure to meet the committed local small business goal to the extent such failure is directly attributable to: (i) Augusta, Georgia reducing the scope of a contract so as to eliminate or reduce work that was going to be performed by local small businesses (whether through a change order, contract amendment, force account or otherwise); Page 104 of 111 (ii) A local small businesses voluntary withdrawal from the project, if the contract demonstrates that such withdrawal was beyond the contractor’s reasonable control, so long as the contractor complied with the Good Faith Efforts to replace the local small business with another local small business; or (iii) Termination or reduction in the work of a local small business, if the contractor demonstrates that such termination was consistent with the terms of this Program, and that the contractor complied with the Good Faith Efforts to replace the local small business with another local small business. (3) Contractors have an ongoing, affirmative obligation to ensure that local small businesses performing on the contract are performing a Commercially Useful Function. A contractor shall be in violation of the LSBOP and in breach of its contract if it lists a local small business to receive credit toward a committed local small business goal with knowledge that the local small business will be acting as a conduit or will otherwise not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the contractor will be seeking credit. (4) Contractors shall not terminate, replace or reduce the work of a local small business that the contractor has counted toward meeting the committed local small business unless: (i) The local small business refuses to enter into a contract consistent with the local small business’ Letter of Intent; (ii) The local small business materially breaches its contract with the contractor; (iii) Augusta, Georgia reduces the contract scope of work so as to eliminate or reduce the work that the local small business was to perform; or (iv) The local small business voluntarily withdraws from the contract for reasons not within the contractor’s reasonable control. Page 105 of 111 (5) Contractor shall provide the User Department, the Director of minority and small business opportunities and the Procurement Director written notice prior to replacing or terminating a local small business on a contract. The notice shall identify the local small business and the contract; state the reason for the termination or replacement and state the proposed date on which such termination or replacement will occur. Unless the circumstances necessitate immediate termination or replacement, the contractor shall provide such notice to the User Department, and the Director of minority and small business opportunities at least five (5) Business Days before the contractor terminates the local small business. The contractor shall further provide written notice to the local small business stating the reasons for the termination. Unless circumstances dictate otherwise, the contractor shall provide such notice before termination is to occur. (6) Good Faith Efforts to replace a local small business to a contract. When a local small business withdraws or is terminated from a contract for any reason, the contractor shall comply with the Good Faith Efforts requirement to replace the departing local small business with another local small business. Likewise, when new opportunities for subcontracting arise on a contract and Augusta, Georgia sets a supplemental local small business goal, the contractors shall comply with the Good Faith Efforts set in an effort to meet the supplemental local small business goal. (7) Utilization Reports and Documentation of Payment. Contractors 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. (e) Departmental purchase requirements (small purchases, quotations, or informal bids). Subject to the dollar limits set forth under Augusta, Georgia ordinance, departments are authorized to make small purchases using Agency Purchase Orders. Departments shall be directed by Augusta, Page 106 of 111 Georgia Administrator to utilize local small businesses on small purchases whenever possible and appropriate. (1) The Director of minority and small business opportunities shall make available to every Augusta, Georgia department a directory of registered local small businesses and encourage their use of by departments. (2) The Director of minority and small business opportunities shall provide annual training to all Augusta, Georgia Departments on the LSBOP. (3) The Director of minority and small business opportunities shall ensure that all Augusta, Georgia specifications for goods and services do not contain any unnecessary impediment to local small business participation in the bid process. (4) For small purchases, quotations or informal bids, the Using Department will solicit bids from registered local small businesses to supply the required materials, equipment, supplies or services using the local small business Registry created and maintained by the Director of minority and small business opportunities. (5) The Director of minority and small business opportunities and Procurement Department will attempt to identify qualified local small businesses and will include such local small business in bid/quote solicitation lists. (6) The Director of minority and small business opportunities will make recommendations to the Procurement Director and User Departments when specification appears to impede local small businesses from competitively participating in a bid. (f) Procurement Department and User Agency Responsibilities. (1) For purchases on which written bids are sought, registered local small businesses which are ready, willing and able to perform the required services or provide the required commodity will be solicited for a written quotation or bid. Page 107 of 111 (2) Purchases from local small businesses shall be tracked by the Director of minority and small business opportunities with the assistance and cooperation of the user Departments. (g) Maintenance of Records. (1) The Director of minority and small business opportunities, with the assistance of the Department of Information Technology, shall compile data on local small business participation as well as women and minority owned business participation. Information on prime contract awards and subcontractor utilization will be maintained by the Director of minority and small business opportunities which will gather information from all user Departments on a quarterly basis. (2) Local small business utilization statistics shall be maintained in the following manner: (i) Contracts and purchases shall be grouped into four categories: construction, professional services, general services and materials/equipment/supplies. (ii) Statistics shall measure overall awards to local small businesses and to women and minority owned businesses by category of purchase (i.e. construction, professional services, general services, and materials/equipment/supplies). (iii) All data necessary to evaluate the effectiveness of the LSBOP in reducing discrimination against minority and women owned businesses shall be kept and maintained by the Director of minority and small business opportunities. (3) Data collection is an important aspect of evaluating the effectiveness of the LSBOP. The LSBOP is a race and gender neutral program and all data collection efforts shall be for evaluating purposes only. The following statistics shall be reported not less than annually to the Augusta, Georgia Commission by the Director of minority and small business opportunities. Page 108 of 111 (i) Regarding purchases of professional services, general services and material/equipment/supplies made through the competitive bid and quotation process: (a) Total value of purchases. (b) Total value of purchases from local small businesses. (c) Total value of purchases from women owned businesses. (d) Total value of purchases from minority owned businesses. (ii) Regarding small purchases by operating department using Agency Purchase Orders: (a) Total value of small purchases by Augusta, Georgia Department. (b) Total value of small purchases from local small businesses by Department. (c) Total value of small purchases from women owned businesses by Department. (d) Total value of small purchases from minority owned businesses by Department. (iii) Regarding construction purchases: (a) Total value of construction contract awards. (b) Total value of construction contracts awarded to local small businesses as prime contractors. (c) Total value of subcontracts awarded to local small businesses. (d) Total value of subcontracts awarded to women owned businesses. (e) Total value of subcontracts awarded to minority owned businesses. (h) Compliance. Page 109 of 111 (1) It will be the duty of the Procurement Director to ensure that bids or proposals issued from the Procurement Department adhere to the provisions set forth in this Policy. (2) The Director of minority and small business opportunities, and all department directors will assume responsibility for evaluating compliance with this program in their respective contract areas and will review, on a continuing basis, all aspects of the program’s operations to assure that the purpose is being attained and reporting same to the Director of minority and small business opportunities for tracking and annual report purposes. (3) Each Augusta, Georgia contract will contain a provision requiring compliance with this policy including maintenance of records, good faith efforts, and maintenance of information necessary to document compliance with, and effectiveness of the LSBOP. This shall include the right of the Director of minority and small business opportunities and any compliance personnel to inspect such records. Compliance records will be a part of the official files located in the Procurement Office. (4) The Director of minority and small business opportunities shall be responsible for evaluating good faith efforts documentation and subcontractor information submitted by bidders in conformance with, the AUGUSTA, GA. CODE and any State and Federal Laws applicable to any bid specifications for competitive sealed bid or competitive sealed proposal projects prior to award of the contract. (5) Each Augusta, Georgia contract will contain a provision prohibiting any agreements between a contractor and a local small business in which the local small business promises not to provide subcontracting quotations to other bidders or potential bidders. (i) Competitive Bids. Nothing in this Policy is to be construed to require Augusta, Georgia to award a bid contract to other than the lowest responsible bidder, or to require contractors to award to subcontractors, or to make significant material purchases from local small businesses who do not submit the best overall pricing to Augusta, Georgia. Page 110 of 111 (j) Outreach. To maximize the identification, registration and utilization of local small businesses, the following efforts will be undertaken by the Director of minority and small business opportunities: (1) Increase efforts to locate and register additional vendors, service providers, and construction contractors that can provide goods and services for Augusta, Georgia through media, vendor fairs, and electronic message boards. (2) As Georgia Department of Transportation, Federal Transit Administration, Department of Defense and Federal Aviation Administration certified construction contractors are located, invite local firms to register with Augusta, Georgia in accordance with the requirements of this Article in order to create an enhanced resource to using departments, buyers and prime contractors to locate registered local small businesses for projects that can utilize local small businesses for a commercially useful function. (3) Supply information to the Board of Commissioners regarding the LSBOP and offer opportunities for ways in which the Board of Commission can be an advocate of the LSBOP. Sec. 1-10-130. Exceptions – federally funded projects. In accordance with § 1-10-8 and Chapter 10B, the LSBOP shall only be utilized with federally funded projects, solicitations or contracts as authorized by federal (and Georgia) laws, regulations and conditions applicable to such projects. To the extent that there are any conflicts between any such laws, regulations or conditions and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall control. Sec. 1-10-131. Citizens Small Business Advisory Board. A Citizens’ Small Business Advisory Board (CSBAB) shall be constituted to advise the Commission and Director of minority and small business opportunities on matters related to this ordinance, and to meet with local small businesses, to review and provide input as to the issues in program administration. See Consolidation Act § 14(d). Members are appointed by the Mayor, Commission Page 111 of 111 and the Richmond County Legislative Delegation. A list of the appointees is maintained in the Clerk of Commission’s Office and is incorporated herein by reference. Sec. 1-10-132 through Sec. 1-10-999. Reserved. Page 1 of 111 Chapter 10B LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM SEC. 1-10-122. TITLE. Augusta, Georgia Local Small Business Opportunities Program (“LSBOP”). SEC. 1-10-123. OBJECTIVE. Augusta, Georgia is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta, Georgia, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful sub-contractors, thereby promoting balanced economic and community growth throughout Augusta, Georgia. The LSBOP is a race and gender-neutral program. SEC. 1-10-124. POLICY, INTENT AND PURPOSE. (A) Policy. It is the policy of Augusta, Georgia that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through the Augusta, Georgia governing authority. Further, the Augusta, Georgia Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta, Georgia has established the LSBOP to promote opportunities for registered Local Small Business to participate in Augusta, Georgia’s contracting and procurement activities by requiring contractors to utilize registered Local Small Businesses to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference of Code § 1-10-6. (B) Intent and Purpose. The Augusta, Georgia Local Small Business Opportunity Program is established to encourage equal opportunity, diversity, and equity in Augusta, Georgia’s contracting and procurement activities. In a race and gender-neutral manner, the Program will promote fair and equal opportunities for all local small businesses. It is specifically intended that the encouragement of local small businesses will allow for the development and growth of such businesses to increase competition for construction and procurement opportunities. (1) It is the intent and purpose of this Program to encourage equal opportunity in Augusta, Georgia’s contracting and procurement and to eliminate discrimination and the effects of past discrimination therein. (2) It is also the intent and purpose of this Program to encourage the use of the Local Small Business Opportunity Program, which will have the benefit to Augusta, Georgia of assisting the local economy with job formation while remedying the discrimination against minority owned business enterprises in the Augusta, Georgia contracts and procurement in a race and gender-neutral manner. (3) It is also the intent and purpose of the LSBOP to develop evidence relevant to whether future race and gender conscious programs are necessary to remediate the effects of past or current discrimination, as required by applicable laws. SEC. 1-10-125. DEFINITIONS. (A) Generally. Those definitions set forth in Chapter 10 of this Code shall also apply to Chapter 10B, except as provided in this section. (B) Specifically. (1) Citizen’s Small Business Advisory Board (CSBAB). Is a council to advise the Commission and the Director Page 2 of 111 of Compliance of matters pertaining to the LSBOP, and to meet with small businesses to review and advise as to the issues in program administration. See Ga. Laws 1995, p. 3648, § 14(d) (hereinafter Consolidation Act). (2) Commercially Useful Function. For the purpose of determining whether a registered Local Small Business is performing a commercially useful function, Director of Compliance shall consider all of the facts in the record, viewed as a whole, including without limitation the following: (i) A Local Small Business performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. (ii) To perform a commercially useful function, the Local Small Business must be responsible, with respect to material and supplies used on the contract or sub-contract for which it is engaged, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. (iii) A Local Small Business does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of Local Small Business participation. In determining whether a Local Small Business is such an extra participant, the Director of Compliance will examine similar transactions, particularly those in which Local Small Businesses do not participate. (3) Director of Compliance. The person designated by the Commission “to serve as equal employment opportunity director and as director of minority and small business opportunities” in accordance with § 14(c) of the Consolidation Act. (4) Good Faith Efforts. Techniques used by a bidder/proposer to seek Local Small Businesses to participate as a subcontractor or supplier required to fulfill the bid/proposal request for participation. Such good faith efforts of a bidder/proposer include, but are not necessarily limited to, the following actions: (i) Including qualified local small businesses in the prime contractor’s solicitations for subcontractors and suppliers. (ii) Assuring that local small businesses are solicited whenever such business enterprises can perform a commercially useful function. (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of local small businesses. (iv) Establishing delivery schedules, where the requirements of the prime contract permit, which encourage participation of local small businesses. (v) Using the services and the assistance of the Director of Compliance in the identification of qualified local small business and negotiating subcontracts and supply contracts with such enterprises. (vi) Requiring each first-tier subcontractor to take the affirmative steps outlined in sub paragraphs 1 through 5 above with respect to the identification and usage of second or third tier sub- contractors. (vii) Placing notices of opportunities for qualified local small business to perform subcontracting work on the eligible project in newspapers, trade journals, and other relevant publications, including publications specifically targeted to local small businesses, or communicating such notices of opportunities via the Internet or by other available media or means. (viii) Designating portions of the work for local small businesses subcontracting in trades with available local small business subcontractors. (ix) Providing a minimum of five (5) business days’ notice to local small businesses when requesting bids or proposals for furnishing material or services as a subcontractor or supplier. (5) Gross Receipts. Total income or, in the case of sole proprietorship gross income, plus “cost of goods sold” as these terms are defined or reported on Internal Revenue Service (IRS) Federal tax return forms; Form 1120 for corporations; Form 1120S for Subchapter S corporations; Form 1065 for partnerships; and Form 1040, Schedule F for farm or Schedule C for sole proprietorships. Page 3 of 111 (6) Joint Venture. An association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. (7) Local Small Business. A corporation, sole proprietorship, partnership or other business organization that meets the requirements for registration as such with Augusta, Georgia in accordance with Section 1-10-128 of this Code. (8) Monthly Utilization Report or MUR. A memorialization by a prime contractor of all subcontracting and Local Small Business participation utilized on a contract. Contractors/vendors are required to submit the Monthly Utilization Reports on all subcontracting participation to the Director of Compliance. (9) Non-Discrimination Statement. Written affirmation made by a bidder relating to the bidder’s conduct prior to submission of a bid as well as after award of a contract that the bidder agrees to: (i) Follow the policies of Augusta, Georgia relating to the participation of local small businesses. (ii) Undertake certain measures to ensure the maximum practicable participation by local small businesses; and (iii) Not engage in discriminatory conduct against local small businesses inconsistent with this Policy. (10) Personal Net Worth. Net value of the assets of an individual owner, after total liabilities are deducted must not exceed one million three hundred and twenty thousand dollars ($1,320,000.00). An individual’s Personal Net Worth does not include the individual’s ownership interest and the individual’s equity in his or her primary place of residence. An individual’s Personal Net Worth includes his or her share of assets held jointly with the individual’s spouse. Property held by the entireties is deemed to be owned equally by the spouse. (11) Prime Contractor. A person or firm who is awarded a contract from Augusta, Georgia for provision of goods or services and has the primary responsibility for performance of the contract. The Prime Contractor may subcontract portions of the work required to Subcontractors, as indicated in the bid or solicitation documents. (12) Registered Local Small Business. Any business entity registered by the Director of Compliance, providing goods or services, which has its principal office and place of doing business in Richmond (Georgia), Columbia (Georgia), Burke (Georgia), and Aiken (South Carolina) Counties; with three (3) years of average gross annual receipts not exceeding the size standards as set forth in 13 C.F.R. Sec. 121.103 and 13 C.F.R. Sec. 121.201 shall be registered and certified by this Article. SEC. 1-10-126. APPLICATION; EFFECTIVE DATE. Except as otherwise provided, this ordinance shall apply to all bids, proposals, contracts, expenditures and purchases commenced by Augusta, Georgia except sole source or emergency procurements and certain federally funded projects as provided herein. The effective date of this ordinance shall be the date it is approved by the Augusta, Georgia Commission. SEC. 1-10-127. PROGRAM ADMINISTRATION. (A) Services to be provided by the Local Small Business Opportunities Program. The Director of Compliance shall have the primary responsibility to assure that the LSBOP is effectively and equitably carried out in Augusta, Georgia. Other Augusta, Georgia officials, the Procurement Director, Department Directors and management personnel shall give their full cooperation towards the implementation of the LSBOP. (B) Program. The LSBOP administration consists of performing vendor registration, education and outreach, and review of bid and proposal documents. Specifically, the program shall consist of: (1) Developing and administering local small business registration criteria and procedures. (2) Establishing and maintaining a directory available to the public of registered local small businesses capable of supplying the type and quality of equipment, supplies, general services, construction, and professional services required by Augusta, Georgia. Page 4 of 111 (3) Regularly seeking out and registering new local small businesses to bid on Augusta, Georgia purchases and solicitations. (4) Notifying vendors of their registration status and advising non- registered parties of their right to appeal the denial of registration which shall be filed with the Director of minority and small business opportunities within five (5) business days of receipt of such notice. (5) Developing annual forecasts and periodically updating same based on a review of anticipated purchases and registered local small businesses. (6) Monitoring and reporting on legislative and judicial actions relevant to local, small business interests. (7) Reviewing specifications and bid documents with the Procurement Department to ensure maximum opportunities for registered local small businesses to compete on an equal basis for contracting opportunities and to perform commercially useful functions. (8) Convening and/or participating in information sessions with local small businesses regarding bid requirements and contract performance. (9) Providing technical assistance, conducting seminars, visiting vendors, and performing other outreach services to encourage and increase participation in Augusta, Georgia’s bidding process by local small businesses. (10) Exploring and developing other means of expanding the program, and attracting and increasing local small business participation including joint efforts with other governmental agencies and authorities. (11) Refer local small businesses to third party development assistance providers when appropriate for bonding, financial and technical assistance. (12) Attend pre-bid, pre-qualification or pre-proposal conferences to provide information on the LSBOP. (13) Preparing and presenting an annual LSBOP report to the Augusta, Georgia Commission. (14) Assist prime contractors and other potential bidders in identifying and contacting local small businesses. (15) Develop outreach programs specifically targeted to educate local small businesses about the LSBOP. (16) The Director of Compliance shall work with User Departments to set contracting goals for each project over $100,000 to include those with subcontracting and/or supplier possibilities. The Director of Compliance and User Departments shall have the authority to reduce or eliminate such local small business goals on a project based on the type of contract, the type of subcontracting work that will be required, and the availability of local small businesses. (17) At Risk Management Construction Project Prime bidders will also be subject to the contract goals for subcontractors. (18) Augusta, Georgia shall indicate goals for local small businesses in Project Specific solicitations over $100,000 to provide opportunities for local small business participation. (19) Where a bid provides a goal for local small business participation, the Director of Compliance and User Department shall recommend a bidder be awarded a contract only where the bidder has demonstrated Good Faith Efforts to meet the designated goals. (20) Notify all registered vendors of formal bid opportunities through direct solicitation or public advertisement, including information on the LSBOP. (21) Work with project managers or user agencies to divide larger projects into smaller projects or contracts when commercially appropriate, in order to create more opportunities for local small businesses to participate in contracts let by Augusta, Georgia. (22) Provide data and technical assistance to support the outreach efforts of the LSBOP as necessary and appropriate. (23) Ensure specifications are open and competitive. (24) The Director of Compliance, the Using Agency, and the Finance Director, may make special provision for Page 5 of 111 progress payments as deemed reasonable to assist local small businesses to carry out the terms of a contract. (25) When a local small business is awarded a contract with Augusta, Georgia, the Procurement Director may furnish written confirmation of the same, providing the terms of the contract which may be used by the local small business in negotiating lines of credit with lending institutions. (C) Evaluation of the Local Small Business Opportunity Program. The LSBOP shall be evaluated on an annual basis. Each annual report shall be compiled by the Director of Compliance and shall compare the fiscal year ending with the previous fiscal year. Evaluation of the program may include: (1) Number of local small business firms registered; (2) Training and technical assistance offered to local small businesses; (3) Dissemination of LSBOP information at pre-bid conferences; and (4) Evaluation of the effectiveness of the local small business in relation to the achievement of Augusta, Georgia’s goals set forth under this policy, including the utilization of local small businesses on contracts. SEC. 1-10-128. REGISTRATION AND CERTIFICATION PROCEDURES. (A) Registration Criteria; acceptance of certification by other governmental agencies. The LSBOP requires prior registration or evidence of current certification by other governmental agencies Local Small Business in order to count the participation of that toward program goals. Eligibility requirements for registration are: (1) Certification as to small business status may be accepted from other local governmental, state or federal agencies that apply criteria substantially similar to that imposed by this ordinance. (2) Applicant firm must complete an appropriate application form obtained from the Director of Compliance and must qualify as a local small business, as the term is defined in this Article as to principle place of business, gross annual receipts and personal net worth thresholds. (3) Applicant firm must have its principal place of business located within the geographic limits of Richmond, Columbia, Burke, and Aiken Counties. A location utilized solely as a post office box, mailbox, mail drop, virtual office, telephone message center, or any combination thereof, with no substantial work function, shall not be deemed to be a significant local presence sufficient to qualify as a local small business. (4) Applicant firm must possess a valid business license, from the county of the business’ principal place of business, for six (6) months prior to submitting their LSBOP registration application; (5) Applicant business must be an independent and continuing enterprise for profit, performing a commercially useful function, for which the gross revenues or number of employees, inclusive of any Affiliates as defined by 13 C.F.R. Sec. 121.103 and does not exceed the size standards as defined pursuant to 13 C.F.R. Sec. 121.201. (6) Applicant firm owner must be a citizen or lawfully admitted permanent resident of the United States; (7) Applicant firm must be a business, including a sole proprietorship, partnership, corporations, limited liability company, or any other business or professional entity: (i) which is at least fifty-one (51) percent owned by one (1) or more of the applicant individuals identified, and the ownership must have been in existence for one (1) year or more; and (ii) in the case of a publicly-owned business, at least fifty-one (51) percent of all classes of stock which is owned by one (1) or more of such persons, each of whom meets the net worth criteria as defined herein. (8) No individual owner of an applicant firm, or if a sole proprietorship or partnership the individuals themselves, may have a personal net worth that exceeds $1.32 million , as that term is defined in this Article. (9) No local small business shall be registered on the basis of the race or gender of its ownership regime. (B) Renewal of Registration. Local small business registration is valid for a two-year period beginning on the date Augusta, Georgia registers the business. To re-apply, a local small business must submit a new application and evidence of continuing eligibility. Page 6 of 111 It is the responsibility of the local small business to notify the Director of Compliance of any change in its circumstances affecting its continued eligibility for the program. Failure to do so may result in the firm’s de- registration and preclusion from future participation in the LSBOP; (1) A Local Small Business that no longer meets registration criteria shall not be re-registered by the Director of Compliance; (C) Limitations. Notwithstanding any other provision of this program except on a finding of good cause by Augusta, Georgia, a registered local small business is no longer eligible to participate in the LSBOP after being enrolled for ten (10) consecutive years regardless of whether the firm received contracts or prime contracts under the program. If a firm has been released from the program before graduation as a result of exceeding the LSBOP thresholds, it will still be eligible to receive contracts from Augusta, but such participation will not be counted toward the LSBOP goal of identifying and employing local small businesses to the greatest extent possible. In determining whether a good cause exists for a firm to continue participation beyond ten (10) consecutive years, Augusta may review all relevant factors such as amount of business previously received by the firm, and capability of other small firms to provide goods and services, impact on a potential contract opportunity for other local businesses to compete. In no event shall a firm’s participation in the program extend beyond fifteen (15) years. Participation or registration as a local small business in the LSBOP shall not preclude a registered firm from competing for a prime contract with Augusta, Georgia on the same basis as other prime contractors or suppliers. (D) Graduation. Augusta, Georgia shall graduate a local small business from eligibility as a local small business. The local small business will be graduated from local small business if any one of the following occurs: (1) The local small business’ gross revenues in each of the previous consecutive three (3) years exceed an average of $1.5 million; (2) The net worth of any owner of a local small business exceeds an average of $750,000 for each of the previous consecutive three (3) years, exclusive of principal residence and the value of the local small business; or (3) The local small business has participated in the LSBOP for ten (10) years and Augusta, Georgia has not approved an extension of participation based on good cause. SEC. 1-10-129. LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM PARTICIPATION. (A) Sealed Bids, Sealed Proposals, Professional Services and Other Major Purchasing. The following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts, including but not limited to construction contracts, requests for professional services and the performance of public works contracts. The Augusta, Georgia user department shall indicate goals for local small business in all solicitations for contracts over $100,000 in value: (1) Bid conditions, requests for proposals, and all other specifications for contracts awarded by Augusta, Georgia will require that, where subcontracting goal is utilized in performing the contract, the bidder or proponent, will make Good Faith Efforts to subcontract with or purchase supplies from local small businesses. Bid specifications will require the bidder or proponent to keep records of such efforts that are adequate to permit a determination of compliance with this requirement. (2) Each bidder shall be required to provide documentation of achieving goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed, recorded on the form(s) provided or made available as part of the bid package. If there are no sub-contracting opportunities, bidder shall so indicate on the appropriate form. (3) For all such contracts, the Procurement Department will provide the Director of Compliance with a copy of the invitation to bid or bid specifications including scope of work. The Director of Compliance will identify the existence of registered local small businesses which are qualified to submit bids as prime contractors. (4) The Director of Compliance shall identify subcontracting opportunities and shall make available trade- Page 7 of 111 specific lists of registered local small businesses to potential prime contractors. Prime contractors are encouraged to form Joint Ventures with local small businesses to perform major contracts, particularly in the areas of construction and professional services. (5) Within thirty (30) calendar days of the adoption of this Ordinance, the Procurement Department will include a copy of this ordinance in each bid or proposal package or shall publish and make available an internet link at which the LSBOP Ordinance and related forms may be found on the official website of Augusta, Georgia. (6) All bid documents shall require bidders or proponents to submit with their bid the following written documents, statements or forms, which shall be made available by the Procurement Department. (i) Non-Discrimination Statement which shall affirm the bidder’s: (a) adherence to the policies of Augusta, Georgia relating to equal opportunity in contracting; (b) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (c) agreement not to engage in discriminatory conduct of any type. (ii) Proposed Local Small Business Subcontractor/Supplier Utilization Plan. (iii) Documentation of Good Faith Efforts to use local small businesses. Failure to submit the above documentation shall result in the bid or proposal being declared non- responsive. (7) Before advertising and soliciting bids, the Director of Compliance and User Department will assess if large contracts can be segmented into multiple contracts. Methods to be considered include: (i) The term of a contract may be shortened that results in a dual effect; the reduction of quantity required, and the risk inherent in guaranteeing prices over a longer period of time. (ii) Work to be performed may be grouped according to geographic location within Augusta, Georgia. (8) When the Solicitation bid document contains a local small business goal, each Bidder must either: meet the local small business goal or comply with the Good Faith Effort requirement set for in section 1- 10- 125(b)(4). Failure to do so constitutes grounds for rejecting the Bid. (9) When the Solicitation bid document does not contain a local small business goal, each bidder must negotiate in good faith with each local small business that responds to the Bidder’s solicitation and each local small business that contacts the Bidder on its own accord. (10) Self-Performance. Self-performance does not exempt Bidders from the LSBOP requirements unless the self-performer is a qualified and registered local small business. Bidders that do not meet the local small businesses goal and desire to self-perform all or part of the construction contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as set forth in section 1-10- 125(b)(4). (B) Departmental Purchase Requirements (All Formal Bids over $100,000). User Departments making purchases or issuing solicitations for projects over $100,000 (including project management, contract management, and/or construction, and/or design contracts) shall have the following duties and responsibilities with regard to the LSBOP: Departments shall: (1) Establish Project Specific Goals on all projects $100,000 and above. (2) Submit the scope of work and cost estimate evaluations to the Director of Compliance so appropriate local small business subcontracting goals may be determined. (3) Assist the Director of Compliance with setting Project Specific Goals. (4) Assist in identification of available local small businesses. (5) Gather and maintain data for those contracts which they manage. Page 8 of 111 (6) Submit subcontracting data to the Director of Compliance within fourteen (14) calendar days of progress payments and thirty (30) calendar days of contract closeout. (7) Submit to the Director of Compliance, on or before the beginning of each Fiscal year, the Department’s annual list of projects, listing all upcoming projects, estimating the probable monetary value, and stating the projected bid advertisement date. (8) Indicate goals for local small businesses in solicitations for contracts that provide opportunities for local small business participation. (9) Work with User Departments to monitor contracts to facilitate prompt payments to local small business and to be in compliance with Project Specific Goals and commitments. (10) Track and report statistics regarding the effectiveness of the LSBOP, as measured by a review of data indicating prime and subcontractor spending with local small business, as required by the policies and procedures. (C) Methodology for Setting Local Small Business Project Specific Goals. The Director of Compliance, in consultation with User Department, shall establish a local small business goal for all contracts through rules and guidelines for the implementation of the LSBOP. Such methodology shall take into account the reasonably known availability of subcontracting opportunities that local small businesses can perform on each contract. Local small business goals should be calculated based upon specific contracting, subcontracting, and/or supplier opportunity and the availability of local small business registered in Augusta, Georgia’s directory. For federally funded projects, this will be achieved by applying the Federal Guidelines for setting Goals 49 CFR Parts 26-45. (D) Post Contract Award Requirements. The purpose of this sub-section is to establish requirements for contractor compliance with the LSBOP after a contract has been awarded. This is incorporated into all Augusta, Georgia Contracts for which a local small business goal has been established or negotiated. (1) Contractors shall have an affirmative, ongoing obligation to meet or exceed the committed local small business goal for the duration of the contract. The Augusta, Georgia may deem a contractor to be in violation of the LSBOP and in breach of its contract if at any time Augusta, Georgia determines that: (a) The contractor will not meet the committed local small business goals; and (b) the reasons for the contractor’s failure are within the contractor’s control. For example, if a contractor does not meet the local small business goal because the contractor terminated a local small business without cause or if the contractor caused and local small business to withdraw from the project without justification, then Augusta, Georgia is justified in finding the contractor to be in violation of the LSBOP. (2) Exceptions. A contractor shall not be deemed in violation of this Program for failure to meet the committed local small business goal to the extent such failure is directly attributable to: (i) Augusta, Georgia reducing the scope of a contract so as to eliminate or reduce work that was going to be performed by local small businesses (whether through a change order, contract amendment, force account or otherwise); (ii) A local small businesses voluntary withdrawal from the project, if the contract demonstrates that such withdrawal was beyond the contractor’s reasonable control, so long as the contractor complied with the Good Faith Efforts to replace the local small business with another local small business; or (iii) Termination or reduction in the work of a local small business, if the contractor demonstrates that such termination was consistent with the terms of this Program, and that the contractor complied with the Good Faith Efforts to replace the local small business with another local small business. (3) Contractors have an ongoing, affirmative obligation to ensure that local small businesses performing on the contract are performing a Commercially Useful Function. A contractor shall be in violation of the LSBOP and in breach of its contract if it lists a local small business to receive credit toward a committed local small business goal with knowledge that the local small business will be acting as a conduit or will otherwise not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the contractor will be seeking credit. (4) Contractors shall not terminate, replace or reduce the work of a local small business that the contractor has Page 9 of 111 counted toward meeting the committed local small business unless: (i) The local small business refuses to enter into a contract consistent with the local small business’ Letter of Intent; (ii) The local small business materially breaches its contract with the contractor; (iii) Augusta, Georgia reduces the contract scope of work so as to eliminate or reduce the work that the local small business was to perform; or (iv) The local small business voluntarily withdraws from the contract for reasons not within the contractor’s reasonable control. (5) Contractor shall provide the User Department, the Director of Compliance, and the Procurement Director written notice prior to replacing or terminating a local small business on a contract. The notice shall identify the local small business and the contract; state the reason for the termination or replacement and state the proposed date on which such termination or replacement will occur. Unless the circumstances necessitate immediate termination or replacement, the contractor shall provide such notice to the User Department, and the Director of Compliance at least five (5) Business Days before the contractor terminates the local small business. The contractor shall further provide written notice to the local small business stating the reasons for the termination. Unless circumstances dictate otherwise, the contractor shall provide such notice before termination is to occur. (6) Good Faith Efforts to replace a local small business to a contract. When a local small business withdraws or is terminated from a contract for any reason, the contractor shall comply with the Good Faith Efforts requirement to replace the departing local small business with another local small business. Likewise, when new opportunities for subcontracting arise on a contract and Augusta, Georgia sets a supplemental local small business goal, the contractors shall comply with the Good Faith Efforts set in an effort to meet the supplemental local small business goal. (7) Utilization Reports and Documentation of Payment. Contractors 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 Compliance, 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. (E) Departmental purchase requirements (small purchases, quotations, or informal bids). Subject to the dollar limits set forth under Augusta, Georgia ordinance, departments are authorized to make small purchases using Agency Purchase Orders. Departments shall be directed by Augusta, Georgia Administrator to utilize local small businesses on small purchases whenever possible and appropriate. (1) The Director of Compliance shall make available to every Augusta, Georgia department a directory of registered local small businesses and encourage their use of by departments. (2) The Director of Compliance shall provide annual training to all Augusta, Georgia Departments on the LSBOP. (3) The Director of Compliance shall ensure that all Augusta, Georgia specifications for goods and services do not contain any unnecessary impediment to local small business participation in the bid process. (4) For small purchases, quotations or informal bids, the Using Department will solicit bids from registered local small businesses to supply the required materials, equipment, supplies or services using the local small business Registry created and maintained by the Director of Compliance. (5) The Director of Compliance and Procurement Department will attempt to identify qualified local small businesses and will include such local small business in bid/quote solicitation lists. (6) The Director of Compliance will make recommendations to the Procurement Director and User Departments when specification appears to impede local small businesses from competitively participating in a bid. Page 10 of 111 (F) Procurement Department and User Agency Responsibilities. (1) For purchases on which written bids are sought, registered local small businesses which are ready, willing and able to perform the required services or provide the required commodity will be solicited for a written quotation or bid. (2) Purchases from local small businesses shall be tracked by the Director of Compliance with the assistance and cooperation of the user Departments. (G) Maintenance of Records. (1) The Director of Compliance, with the assistance of the Department of Information Technology, shall compile data on local small business participation as well as women and minority owned business participation. Information on prime contract awards and subcontractor utilization will be maintained by the Director of Compliance which will gather information from all user Departments on a quarterly basis. (2) Local small business utilization statistics shall be maintained in the following manner: (i) Contracts and purchases shall be grouped into four categories: construction, professional services, general services and materials/equipment/supplies. (ii) Statistics shall measure overall awards to local small businesses and to women and minority owned businesses by category of purchase (i.e. construction, professional services, general services, and materials/equipment/supplies). (iii) All data necessary to evaluate the effectiveness of the LSBOP in reducing discrimination against minority and women owned businesses shall be kept and maintained by the Director of Compliance. (3) Data collection is an important aspect of evaluating the effectiveness of the LSBOP. The LSBOP is a race and gender-neutral program and all data collection efforts shall be for evaluating purposes only. The following statistics shall be reported not less than annually to the Augusta, Georgia Commission by the Director of Compliance. (i) Regarding purchases of professional services, general services and material/equipment/supplies made through the competitive bid and quotation process: (a) Total value of purchases. (b) Total value of purchases from local small businesses. (c) Total value of purchases from women owned businesses. (d) Total value of purchases from minority owned businesses. (ii) Regarding small purchases by operating department using Agency Purchase Orders: (a) Total value of small purchases by Augusta, Georgia Department. (b) Total value of small purchases from local small businesses by Department. (c) Total value of small purchases from women owned businesses by Department. (d) Total value of small purchases from minority owned businesses by Department. (iii) Regarding construction purchases: (a) Total value of construction contract awards. (b) Total value of construction contracts awarded to local small businesses as prime contractors. (c) Total value of subcontracts awarded to local small businesses. (d) Total value of subcontracts awarded to women owned businesses. (e) Total value of subcontracts awarded to minority owned businesses. (H) Compliance. (1) It will be the duty of the Procurement Director to ensure that bids or proposals issued from the Procurement Department adhere to the provisions set forth in this Policy. (2) The Director of Compliance, and all department directors will assume responsibility for evaluating compliance with this program in their respective contract areas and will review, on a continuing basis, all Page 11 of 111 aspects of the program’s operations to assure that the purpose is being attained and reporting same to the Director of Compliance for tracking and annual report purposes. (3) Each Augusta, Georgia contract will contain a provision requiring compliance with this policy including maintenance of records, good faith efforts, and maintenance of information necessary to document compliance with, and effectiveness of the LSBOP. This shall include the right of the Director of Compliance and any compliance personnel to inspect such records. Compliance records will be a part of the official files located in the Procurement Office. (4) The Director of Compliance shall be responsible for evaluating good faith efforts documentation and subcontractor information submitted by bidders in conformance with, the AUGUSTA, GA. CODE and any State and Federal Laws applicable to any bid specifications for competitive sealed bid or competitive sealed proposal projects prior to award of the contract. (5) Each Augusta, Georgia contract will contain a provision prohibiting any agreements between a contractor and a local small business in which the local small business promises not to provide subcontracting quotations to other bidders or potential bidders. (I) Competitive Bids. Nothing in this Policy is to be construed to require Augusta, Georgia to award a bid contract to other than the lowest responsible bidder, or to require contractors to award to subcontractors, or to make significant material purchases from local small businesses who do not submit the best overall pricing to Augusta, Georgia. (J) Outreach. To maximize the identification, registration and utilization of local small businesses, the following efforts will be undertaken by the Director of Compliance: (1) Increase efforts to locate and register additional vendors, service providers, and construction contractors that can provide goods and services for Augusta, Georgia through media, vendor fairs, and electronic message boards. (2) As Georgia Department of Transportation, Federal Transit Administration, Department of Defense and Federal Aviation Administration certified construction contractors are located, invite local firms to register with Augusta, Georgia in accordance with the requirements of this Article in order to create an enhanced resource to using departments, buyers and prime contractors to locate registered local small businesses for projects that can utilize local small businesses for a commercially useful function. (3) Supply information to the Board of Commissioners regarding the LSBOP and offer opportunities for ways in which the Board of Commission can be an advocate of the LSBOP. SEC. 1-10-130. EXCEPTIONS – FEDERALLY FUNDED PROJECTS. In accordance with § 1-10-8 and Chapter 10B, the LSBOP shall only be utilized with federally funded projects, solicitations or contracts as authorized by federal (and Georgia) laws, regulations and conditions applicable to such projects. To the extent that there are any conflicts between any such laws, regulations or conditions and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall control. SEC. 1-10-131. CITIZENS SMALL BUSINESS ADVISORY BOARD. A Citizens’ Small Business Advisory Board (CSBAB) shall be constituted to advise the Commission and Director of Compliance on matters related to this ordinance, and to meet with local small businesses, to review and provide input as to the issues in program administration. See Consolidation Act § 14(d). Members are appointed by the Mayor, Commission and the Richmond County Legislative Delegation. A list of the appointees is maintained in the Clerk of Commission’s Office and is incorporated herein by reference. SEC. 1-10-132 THROUGH SEC. 1-10-999. RESERVED. SEC. 1-10-132 PROTESTS, APPEALS, AND REMEDIES Page 12 of 111 (1) Determination of Non-responsiveness. A responsible bidder that is determined to be non-responsive to the requirements of this Chapter, and that otherwise would have been awarded a contract, as determined in consultation with the Procurement Director, shall receive a written determination by the Compliance Director, via certified mail, setting forth the reasons for the determination of non-responsiveness. (2) Decertification of a Local Small Business (“LSB”). Upon decertification of an LSB, the Compliance Department shall notify the affected party in writing, via certified mail, setting forth the reasons for decertification. (3) Protests of Non-responsiveness/ Decertification /Non-compliance. A responsible bidder that has been deemed non-responsive or non-compliant after a contract is awarded or a LSB that has been decertified by the Compliance Director may protest by filing a written protest with the Compliance Director within five (5) business days after the protestor knows or should have known of the decertification or determination of non-responsiveness/non- compliance. A protest is deemed filed when actually received by the Compliance Director. Protests filed after the 5 (five) business day period shall not be considered and are deemed a failure on the part of the protestor to exhaust administrative remedies. (4) Stay of Procurement. Upon receipt of a written protest or appeal by the Compliance Director, the Compliance Director shall notify the Procurement Director of such protest. After said notification, the Procurement Director shall issue a stay of the procurement and shall not proceed further with the solicitation or award until such protest or appeal has been resolved. (5) Decertification Protests. All Decertification Protests shall include: a. current name, address, telephone number and principal contact person for the LSB; b. the specific reason, as identified by the relevant portion of the LSBOP code, that decertification is inappropriate; and c. appropriate written documentation that supports the reason provided in (b) above. (6) Non-responsiveness/Non-compliance Protests. All non-responsiveness protests shall include: a. name and address of protestor; b. appropriate identification of the procurement or contract number, if a contract has been awarded; c. statement of reasons for the protest; and d. supporting exhibits, evidence, or documents to validate any claims unless not available within the filing time in which case the expected availability date shall be indicated. The protest is based on the information/documentation provided in the original solicitation submission; therefore, the protestor may not introduce new information/documentation. (7) Decisions by the Compliance Director. A written decision on a protest shall be made by the Compliance Director within ten (10) business days after receiving all relevant, requested information. If the protest is sustained, the Compliance Director may determine: to reverse determinations of non-responsiveness/non-compliance and decertification when supported by the evidence. (8) Time for filing a notice of appeal. Any responsible bidder against whom a final determination of non- responsiveness/non-compliance to the requirements of this subdivision or LSB that has been decertified and a final decision has been made by the Compliance Director, may appeal the final determination by filing a notice of appeal with the Compliance Director in writing five (5) business days after the LSB has received notice or should have received notice of the final determination of non-responsiveness/non-compliance or decertification. An appeal is considered filed when received by the Compliance Director. Appeals filed after the five (5) business day period shall not be considered and are deemed a failure on the part of the LSB or responsible bidder to exhaust administrative remedies. (9) Notice of hearing date and hearing. Within three (3) business days of receipt of a notice of appeal from an aggrieved party, excluding official holidays, the Compliance Director shall place the protest on the agenda of the Administrative Services Committee. The Clerk of Commission’s Office shall provide public notice of the Page 13 of 111 Administrative Services Committee agenda as required by law. In addition, the LSB and responsible bidder shall be sent written notice of the time and place of the hearing by the Clerk of Commission. Copies of such notice shall be sent to the Augusta, Georgia General Counsel and the Department Director of the appropriate user department. (10) Administrative Service Committee hearing procedures and effect of failure to appear at hearing. (Ordinance 7439- Commission Approved 11-19-13) (a) Protests appearing on the Administrative Services Committee shall be treated as any other Committee agenda item, except that the Protestor, or his or her representative, shall have the right to address the Committee and to present evidence in support of the protest for a maximum of ten (10) minutes. The Compliance Director and user department, or their representative, shall also have the opportunity to present evidence relating to the protest for a maximum of ten (10) minutes. The Chairman of the Administrative Services Committee may grant additional time equally to each party at his or her discretion. (b) After considering the evidence presented, the Administrative Services Committee shall make a recommendation to grant or deny the protest, or to send the item to the full Augusta, Georgia Commission without recommendation. Regardless of the action taken by the Committee, the protest shall be forwarded to the full Commission agenda for a final decision. The Clerk of Commission shall make an audio recording of the protest hearing and shall make such recording available to Commissioners within two (2) business days following the hearing. (c) Procedure to Speak to Full Commission Regarding Protest. A protestor seeking to speak to the full Commission regarding his or her protest must submit a request in writing, including his/her address and the name of the procurement being protested, no later than 5:00 p.m. on the Wednesday preceding the next regularly scheduled Commission meeting that follows the Administrative Services Committee protest hearing. Such request shall be provided to the Clerk of Commission with a copy to be provided to the Compliance Director. When the protest is heard by the Commission, the protestor and the Compliance Director shall each have five (5) minutes to summarize the arguments and evidence presented to the Administrative Services Committee. The Commission will not hold a new hearing and will not accept new evidence. If the protestor has not made a timely request to address the full Commission, the Commission may, at its discretion, dispose of the agenda item via the Consent Agenda. (d) Effect of Failure to Appear at Hearing. Failure on the part of the Protestor to appear before either the Administrative Services Committee or the full Augusta, Georgia Commission is considered an abandonment of their right to appeal and a failure on the part of the protestor to exhaust administrative remedies. The Compliance Director’s decision is considered final and the award shall proceed accordingly. However, the Chairman of the Administrative Services Committee or the Mayor may, at his or her discretion, may grant the Protestor one continuance to the next regularly scheduled Committee or Commission Meeting. Such continuance may only be granted during the Committee or Commission meeting and shall be recorded on the minutes of such meeting. Hearing Procedures (a) Hearings shall be as informal as may be reasonable and appropriate under the circumstances and in accordance with the applicable rules of the Administrative Services Committee and Commission. The Director of Compliance shall provide the Administrative Services Committee and Commission with copies of the protest and the response of the Compliance Department. (b) Witnesses providing testimony at before the Administrative Services Committee or Commission shall testify under oath or affirmation. Determination of Commission; final decision The Commission’s decision regarding a Protest is the final step in the Appeals process for Augusta, Georgia. The parties shall have thirty (30) days to file a judicial appeal of any such decision. Such appeal Page 14 of 111 shall be by writ of certiorari to the Superior Court of Richmond County. Penalties for Noncompliance A contractor who fails to comply with any portion of this Chapter, and whose failure to comply continues for a period of thirty (30) calendar days after the contractor receives written notice of such noncompliance from the Director of Compliance, shall be subject to any or all of the following penalties: 1) Withholding ten (10) percent of all future payments for the eligible project until the Compliance Department determines that the contractor is in compliance with this Chapter. 2) Cancellation of the eligible project. 3) Refusal of all future contracts or subcontracts with Augusta for a minimum of one (1) year and a maximum of five (5) years from the date upon which this penalty is imposed. SEC. 1-10-134 MINIMUM REQUIRED LSBOP ANNUAL DEVELOPMENT EDUCATION All local small businesses registered in the LSBOP shall be required to attend a minimum of three (3) business development workshops/seminars every other year. The workshops/seminars will be presented on behalf of the Director of Compliance and shall be offered at reasonable hours to accommodate and facilitate the required attendance. The workshops/seminars will provide vital information regarding revenue increase, business growth/expansion, marketing, financial management, etc. to aid in the overall success of the businesses in the LSBOP. The mission of the LSBOP is to assist in realizing the potential of local small businesses through EDUCATION, EMPOWERMENT, and ENGAGEMENT. Page 1 of 111 Chapter 10B LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM SEC. 1-10-122. TITLE. Augusta, Georgia Local Small Business Opportunities Program (“LSBOP”). SEC. 1-10-123. OBJECTIVE. Augusta, Georgia is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta, Georgia, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful sub-contractors, thereby promoting balanced economic and community growth throughout Augusta, Georgia. The LSBOP is a race and gender-neutral program. SEC. 1-10-124. POLICY, INTENT AND PURPOSE. (A) Policy. It is the policy of Augusta, Georgia that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through the Augusta, Georgia governing authority. Further, the Augusta, Georgia Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta, Georgia has established the LSBOP to promote opportunities for registered Local Small Business to participate in Augusta, Georgia’s contracting and procurement activities by requiring contractors to utilize registered Local Small Businesses to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference of Code § 1-10-6. (B) Intent and Purpose. The Augusta, Georgia Local Small Business Opportunity Program is established to encourage equal opportunity, diversity, and equity in Augusta, Georgia’s contracting and procurement activities. In a race and gender-neutral manner, the Program will promote fair and equal opportunities for all local small businesses. It is specifically intended that the encouragement of local small businesses will allow for the development and growth of such businesses to increase competition for construction and procurement opportunities. (1) It is the intent and purpose of this Program to encourage equal opportunity in Augusta, Georgia’s contracting and procurement and to eliminate discrimination and the effects of past discrimination therein. (2) It is also the intent and purpose of this Program to encourage the use of the Local Small Business Opportunity Program, which will have the benefit to Augusta, Georgia of assisting the local economy with job formation while remedying the discrimination against minority owned business enterprises in the Augusta, Georgia contracts and procurement in a race and gender-neutral manner. (3) It is also the intent and purpose of the LSBOP to develop evidence relevant to whether future race and gender conscious programs are necessary to remediate the effects of past or current discrimination, as required by applicable laws. SEC. 1-10-125. DEFINITIONS. (A) Generally. Those definitions set forth in Chapter 10 of this Code shall also apply to Chapter 10B, except as provided in this section. (B) Specifically. (1) Citizen’s Small Business Advisory Board (CSBAB). Is a council to advise the Commission and the Director Page 2 of 111 of Compliance of matters pertaining to the LSBOP, and to meet with small businesses to review and advise as to the issues in program administration. See Ga. Laws 1995, p. 3648, § 14(d) (hereinafter Consolidation Act). (2) Commercially Useful Function. For the purpose of determining whether a registered Local Small Business is performing a commercially useful function, Director of Compliance shall consider all of the facts in the record, viewed as a whole, including without limitation the following: (i) A Local Small Business performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. (ii) To perform a commercially useful function, the Local Small Business must be responsible, with respect to material and supplies used on the contract or sub-contract for which it is engaged, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. (iii) A Local Small Business does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of Local Small Business participation. In determining whether a Local Small Business is such an extra participant, the Director of Compliance will examine similar transactions, particularly those in which Local Small Businesses do not participate. (3) Director of Compliance. The person designated by the Commission “to serve as equal employment opportunity director and as director of minority and small business opportunities” in accordance with § 14(c) of the Consolidation Act. (4) Good Faith Efforts. Techniques used by a bidder/proposer to seek Local Small Businesses to participate as a subcontractor or supplier required to fulfill the bid/proposal request for participation. Such good faith efforts of a bidder/proposer include, but are not necessarily limited to, the following actions: (i) Including qualified local small businesses in the prime contractor’s solicitations for subcontractors and suppliers. (ii) Assuring that local small businesses are solicited whenever such business enterprises can perform a commercially useful function. (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of local small businesses. (iv) Establishing delivery schedules, where the requirements of the prime contract permit, which encourage participation of local small businesses. (v) Using the services and the assistance of the Director of Compliance in the identification of qualified local small business and negotiating subcontracts and supply contracts with such enterprises. (vi) Requiring each first-tier subcontractor to take the affirmative steps outlined in sub paragraphs 1 through 5 above with respect to the identification and usage of second or third tier sub- contractors. (vii) Placing notices of opportunities for qualified local small business to perform subcontracting work on the eligible project in newspapers, trade journals, and other relevant publications, including publications specifically targeted to local small businesses, or communicating such notices of opportunities via the Internet or by other available media or means. (viii) Designating portions of the work for local small businesses subcontracting in trades with available local small business subcontractors. (ix) Providing a minimum of five (5) business days’ notice to local small businesses when requesting bids or proposals for furnishing material or services as a subcontractor or supplier. (5) Gross Receipts. Total income or, in the case of sole proprietorship gross income, plus “cost of goods sold” as these terms are defined or reported on Internal Revenue Service (IRS) Federal tax return forms; Form 1120 for corporations; Form 1120S for Subchapter S corporations; Form 1065 for partnerships; and Form 1040, Schedule F for farm or Schedule C for sole proprietorships. Page 3 of 111 (6) Joint Venture. An association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. (7) Local Small Business. A corporation, sole proprietorship, partnership or other business organization that meets the requirements for registration as such with Augusta, Georgia in accordance with Section 1-10-128 of this Code. (8) Monthly Utilization Report or MUR. A memorialization by a prime contractor of all subcontracting and Local Small Business participation utilized on a contract. Contractors/vendors are required to submit the Monthly Utilization Reports on all subcontracting participation to the Director of Compliance. (9) Non-Discrimination Statement. Written affirmation made by a bidder relating to the bidder’s conduct prior to submission of a bid as well as after award of a contract that the bidder agrees to: (i) Follow the policies of Augusta, Georgia relating to the participation of local small businesses. (ii) Undertake certain measures to ensure the maximum practicable participation by local small businesses; and (iii) Not engage in discriminatory conduct against local small businesses inconsistent with this Policy. (10) Personal Net Worth. Net value of the assets of an individual owner, after total liabilities are deducted must not exceed one million three hundred and twenty thousand dollars ($1,320,000.00). An individual’s Personal Net Worth does not include the individual’s ownership interest and the individual’s equity in his or her primary place of residence. An individual’s Personal Net Worth includes his or her share of assets held jointly with the individual’s spouse. Property held by the entireties is deemed to be owned equally by the spouse. (11) Prime Contractor. A person or firm who is awarded a contract from Augusta, Georgia for provision of goods or services and has the primary responsibility for performance of the contract. The Prime Contractor may subcontract portions of the work required to Subcontractors, as indicated in the bid or solicitation documents. (12) Registered Local Small Business. Any business entity registered by the Director of Compliance, providing goods or services, which has its principal office and place of doing business in Richmond (Georgia), Columbia (Georgia), Burke (Georgia), and Aiken (South Carolina) Counties; with three (3) years of average gross annual receipts not exceeding the size standards as set forth in 13 C.F.R. Sec. 121.103 and 13 C.F.R. Sec. 121.201 shall be registered and certified by this Article. SEC. 1-10-126. APPLICATION; EFFECTIVE DATE. Except as otherwise provided, this ordinance shall apply to all bids, proposals, contracts, expenditures and purchases commenced by Augusta, Georgia except sole source or emergency procurements and certain federally funded projects as provided herein. The effective date of this ordinance shall be the date it is approved by the Augusta, Georgia Commission. SEC. 1-10-127. PROGRAM ADMINISTRATION. (A) Services to be provided by the Local Small Business Opportunities Program. The Director of Compliance shall have the primary responsibility to assure that the LSBOP is effectively and equitably carried out in Augusta, Georgia. Other Augusta, Georgia officials, the Procurement Director, Department Directors and management personnel shall give their full cooperation towards the implementation of the LSBOP. (B) Program. The LSBOP administration consists of performing vendor registration, education and outreach, and review of bid and proposal documents. Specifically, the program shall consist of: (1) Developing and administering local small business registration criteria and procedures. (2) Establishing and maintaining a directory available to the public of registered local small businesses capable of supplying the type and quality of equipment, supplies, general services, construction, and professional services required by Augusta, Georgia. Page 4 of 111 (3) Regularly seeking out and registering new local small businesses to bid on Augusta, Georgia purchases and solicitations. (4) Notifying vendors of their registration status and advising non- registered parties of their right to appeal the denial of registration which shall be filed with the Director of minority and small business opportunities within five (5) business days of receipt of such notice. (5) Developing annual forecasts and periodically updating same based on a review of anticipated purchases and registered local small businesses. (6) Monitoring and reporting on legislative and judicial actions relevant to local, small business interests. (7) Reviewing specifications and bid documents with the Procurement Department to ensure maximum opportunities for registered local small businesses to compete on an equal basis for contracting opportunities and to perform commercially useful functions. (8) Convening and/or participating in information sessions with local small businesses regarding bid requirements and contract performance. (9) Providing technical assistance, conducting seminars, visiting vendors, and performing other outreach services to encourage and increase participation in Augusta, Georgia’s bidding process by local small businesses. (10) Exploring and developing other means of expanding the program, and attracting and increasing local small business participation including joint efforts with other governmental agencies and authorities. (11) Refer local small businesses to third party development assistance providers when appropriate for bonding, financial and technical assistance. (12) Attend pre-bid, pre-qualification or pre-proposal conferences to provide information on the LSBOP. (13) Preparing and presenting an annual LSBOP report to the Augusta, Georgia Commission. (14) Assist prime contractors and other potential bidders in identifying and contacting local small businesses. (15) Develop outreach programs specifically targeted to educate local small businesses about the LSBOP. (16) The Director of Compliance shall work with User Departments to set contracting goals for each project over $100,000 to include those with subcontracting and/or supplier possibilities. The Director of Compliance and User Departments shall have the authority to reduce or eliminate such local small business goals on a project based on the type of contract, the type of subcontracting work that will be required, and the availability of local small businesses. (17) At Risk Management Construction Project Prime bidders will also be subject to the contract goals for subcontractors. (18) Augusta, Georgia shall indicate goals for local small businesses in Project Specific solicitations over $100,000 to provide opportunities for local small business participation. (19) Where a bid provides a goal for local small business participation, the Director of Compliance and User Department shall recommend a bidder be awarded a contract only where the bidder has demonstrated Good Faith Efforts to meet the designated goals. (20) Notify all registered vendors of formal bid opportunities through direct solicitation or public advertisement, including information on the LSBOP. (21) Work with project managers or user agencies to divide larger projects into smaller projects or contracts when commercially appropriate, in order to create more opportunities for local small businesses to participate in contracts let by Augusta, Georgia. (22) Provide data and technical assistance to support the outreach efforts of the LSBOP as necessary and appropriate. (23) Ensure specifications are open and competitive. (24) The Director of Compliance, the Using Agency, and the Finance Director, may make special provision for Page 5 of 111 progress payments as deemed reasonable to assist local small businesses to carry out the terms of a contract. (25) When a local small business is awarded a contract with Augusta, Georgia, the Procurement Director may furnish written confirmation of the same, providing the terms of the contract which may be used by the local small business in negotiating lines of credit with lending institutions. (C) Evaluation of the Local Small Business Opportunity Program. The LSBOP shall be evaluated on an annual basis. Each annual report shall be compiled by the Director of Compliance and shall compare the fiscal year ending with the previous fiscal year. Evaluation of the program may include: (1) Number of local small business firms registered; (2) Training and technical assistance offered to local small businesses; (3) Dissemination of LSBOP information at pre-bid conferences; and (4) Evaluation of the effectiveness of the local small business in relation to the achievement of Augusta, Georgia’s goals set forth under this policy, including the utilization of local small businesses on contracts. SEC. 1-10-128. REGISTRATION AND CERTIFICATION PROCEDURES. (A) Registration Criteria; acceptance of certification by other governmental agencies. The LSBOP requires prior registration or evidence of current certification by other governmental agencies Local Small Business in order to count the participation of that toward program goals. Eligibility requirements for registration are: (1) Certification as to small business status may be accepted from other local governmental, state or federal agencies that apply criteria substantially similar to that imposed by this ordinance. (2) Applicant firm must complete an appropriate application form obtained from the Director of Compliance and must qualify as a local small business, as the term is defined in this Article as to principle place of business, gross annual receipts and personal net worth thresholds. (3) Applicant firm must have its principal place of business located within the geographic limits of Richmond, Columbia, Burke, and Aiken Counties. A location utilized solely as a post office box, mailbox, mail drop, virtual office, telephone message center, or any combination thereof, with no substantial work function, shall not be deemed to be a significant local presence sufficient to qualify as a local small business. (4) Applicant firm must possess a valid business license, from the county of the business’ principal place of business, for six (6) months prior to submitting their LSBOP registration application; (5) Applicant business must be an independent and continuing enterprise for profit, performing a commercially useful function, for which the gross revenues or number of employees, inclusive of any Affiliates as defined by 13 C.F.R. Sec. 121.103 and does not exceed the size standards as defined pursuant to 13 C.F.R. Sec. 121.201. (6) Applicant firm owner must be a citizen or lawfully admitted permanent resident of the United States; (7) Applicant firm must be a business, including a sole proprietorship, partnership, corporations, limited liability company, or any other business or professional entity: (i) which is at least fifty-one (51) percent owned by one (1) or more of the applicant individuals identified, and the ownership must have been in existence for one (1) year or more; and (ii) in the case of a publicly-owned business, at least fifty-one (51) percent of all classes of stock which is owned by one (1) or more of such persons, each of whom meets the net worth criteria as defined herein. (8) No individual owner of an applicant firm, or if a sole proprietorship or partnership the individuals themselves, may have a personal net worth that exceeds $1.32 million , as that term is defined in this Article. (9) No local small business shall be registered on the basis of the race or gender of its ownership regime. (B) Renewal of Registration. Local small business registration is valid for a two-year period beginning on the date Augusta, Georgia registers the business. To re-apply, a local small business must submit a new application and evidence of continuing eligibility. Page 6 of 111 It is the responsibility of the local small business to notify the Director of Compliance of any change in its circumstances affecting its continued eligibility for the program. Failure to do so may result in the firm’s de- registration and preclusion from future participation in the LSBOP; (1) A Local Small Business that no longer meets registration criteria shall not be re-registered by the Director of Compliance; (C) Limitations. Notwithstanding any other provision of this program except on a finding of good cause by Augusta, Georgia, a registered local small business is no longer eligible to participate in the LSBOP after being enrolled for ten (10) consecutive years regardless of whether the firm received contracts or prime contracts under the program. If a firm has been released from the program before graduation as a result of exceeding the LSBOP thresholds, it will still be eligible to receive contracts from Augusta, but such participation will not be counted toward the LSBOP goal of identifying and employing local small businesses to the greatest extent possible. In determining whether a good cause exists for a firm to continue participation beyond ten (10) consecutive years, Augusta may review all relevant factors such as amount of business previously received by the firm, and capability of other small firms to provide goods and services, impact on a potential contract opportunity for other local businesses to compete. In no event shall a firm’s participation in the program extend beyond fifteen (15) years. Participation or registration as a local small business in the LSBOP shall not preclude a registered firm from competing for a prime contract with Augusta, Georgia on the same basis as other prime contractors or suppliers. (D) Graduation. Augusta, Georgia shall graduate a local small business from eligibility as a local small business. The local small business will be graduated from local small business if any one of the following occurs: (1) The local small business’ gross revenues in each of the previous consecutive three (3) years exceed an average of $1.5 million; (2) The net worth of any owner of a local small business exceeds an average of $750,000 for each of the previous consecutive three (3) years, exclusive of principal residence and the value of the local small business; or (3) The local small business has participated in the LSBOP for ten (10) years and Augusta, Georgia has not approved an extension of participation based on good cause. SEC. 1-10-129. LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM PARTICIPATION. (A) Sealed Bids, Sealed Proposals, Professional Services and Other Major Purchasing. The following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts, including but not limited to construction contracts, requests for professional services and the performance of public works contracts. The Augusta, Georgia user department shall indicate goals for local small business in all solicitations for contracts over $100,000 in value: (1) Bid conditions, requests for proposals, and all other specifications for contracts awarded by Augusta, Georgia will require that, where subcontracting goal is utilized in performing the contract, the bidder or proponent, will make Good Faith Efforts to subcontract with or purchase supplies from local small businesses. Bid specifications will require the bidder or proponent to keep records of such efforts that are adequate to permit a determination of compliance with this requirement. (2) Each bidder shall be required to provide documentation of achieving goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed, recorded on the form(s) provided or made available as part of the bid package. If there are no sub-contracting opportunities, bidder shall so indicate on the appropriate form. (3) For all such contracts, the Procurement Department will provide the Director of Compliance with a copy of the invitation to bid or bid specifications including scope of work. The Director of Compliance will identify the existence of registered local small businesses which are qualified to submit bids as prime contractors. (4) The Director of Compliance shall identify subcontracting opportunities and shall make available trade- Page 7 of 111 specific lists of registered local small businesses to potential prime contractors. Prime contractors are encouraged to form Joint Ventures with local small businesses to perform major contracts, particularly in the areas of construction and professional services. (5) Within thirty (30) calendar days of the adoption of this Ordinance, the Procurement Department will include a copy of this ordinance in each bid or proposal package or shall publish and make available an internet link at which the LSBOP Ordinance and related forms may be found on the official website of Augusta, Georgia. (6) All bid documents shall require bidders or proponents to submit with their bid the following written documents, statements or forms, which shall be made available by the Procurement Department. (i) Non-Discrimination Statement which shall affirm the bidder’s: (a) adherence to the policies of Augusta, Georgia relating to equal opportunity in contracting; (b) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (c) agreement not to engage in discriminatory conduct of any type. (ii) Proposed Local Small Business Subcontractor/Supplier Utilization Plan. (iii) Documentation of Good Faith Efforts to use local small businesses. Failure to submit the above documentation shall result in the bid or proposal being declared non- responsive. (7) Before advertising and soliciting bids, the Director of Compliance and User Department will assess if large contracts can be segmented into multiple contracts. Methods to be considered include: (i) The term of a contract may be shortened that results in a dual effect; the reduction of quantity required, and the risk inherent in guaranteeing prices over a longer period of time. (ii) Work to be performed may be grouped according to geographic location within Augusta, Georgia. (8) When the Solicitation bid document contains a local small business goal, each Bidder must either: meet the local small business goal or comply with the Good Faith Effort requirement set for in section 1- 10- 125(b)(4). Failure to do so constitutes grounds for rejecting the Bid. (9) When the Solicitation bid document does not contain a local small business goal, each bidder must negotiate in good faith with each local small business that responds to the Bidder’s solicitation and each local small business that contacts the Bidder on its own accord. (10) Self-Performance. Self-performance does not exempt Bidders from the LSBOP requirements unless the self-performer is a qualified and registered local small business. Bidders that do not meet the local small businesses goal and desire to self-perform all or part of the construction contract must nevertheless demonstrate that they complied with the Good Faith Efforts requirements as set forth in section 1-10- 125(b)(4). (B) Departmental Purchase Requirements (All Formal Bids over $100,000). User Departments making purchases or issuing solicitations for projects over $100,000 (including project management, contract management, and/or construction, and/or design contracts) shall have the following duties and responsibilities with regard to the LSBOP: Departments shall: (1) Establish Project Specific Goals on all projects $100,000 and above. (2) Submit the scope of work and cost estimate evaluations to the Director of Compliance so appropriate local small business subcontracting goals may be determined. (3) Assist the Director of Compliance with setting Project Specific Goals. (4) Assist in identification of available local small businesses. (5) Gather and maintain data for those contracts which they manage. Page 8 of 111 (6) Submit subcontracting data to the Director of Compliance within fourteen (14) calendar days of progress payments and thirty (30) calendar days of contract closeout. (7) Submit to the Director of Compliance, on or before the beginning of each Fiscal year, the Department’s annual list of projects, listing all upcoming projects, estimating the probable monetary value, and stating the projected bid advertisement date. (8) Indicate goals for local small businesses in solicitations for contracts that provide opportunities for local small business participation. (9) Work with User Departments to monitor contracts to facilitate prompt payments to local small business and to be in compliance with Project Specific Goals and commitments. (10) Track and report statistics regarding the effectiveness of the LSBOP, as measured by a review of data indicating prime and subcontractor spending with local small business, as required by the policies and procedures. (C) Methodology for Setting Local Small Business Project Specific Goals. The Director of Compliance, in consultation with User Department, shall establish a local small business goal for all contracts through rules and guidelines for the implementation of the LSBOP. Such methodology shall take into account the reasonably known availability of subcontracting opportunities that local small businesses can perform on each contract. Local small business goals should be calculated based upon specific contracting, subcontracting, and/or supplier opportunity and the availability of local small business registered in Augusta, Georgia’s directory. For federally funded projects, this will be achieved by applying the Federal Guidelines for setting Goals 49 CFR Parts 26-45. (D) Post Contract Award Requirements. The purpose of this sub-section is to establish requirements for contractor compliance with the LSBOP after a contract has been awarded. This is incorporated into all Augusta, Georgia Contracts for which a local small business goal has been established or negotiated. (1) Contractors shall have an affirmative, ongoing obligation to meet or exceed the committed local small business goal for the duration of the contract. The Augusta, Georgia may deem a contractor to be in violation of the LSBOP and in breach of its contract if at any time Augusta, Georgia determines that: (a) The contractor will not meet the committed local small business goals; and (b) the reasons for the contractor’s failure are within the contractor’s control. For example, if a contractor does not meet the local small business goal because the contractor terminated a local small business without cause or if the contractor caused and local small business to withdraw from the project without justification, then Augusta, Georgia is justified in finding the contractor to be in violation of the LSBOP. (2) Exceptions. A contractor shall not be deemed in violation of this Program for failure to meet the committed local small business goal to the extent such failure is directly attributable to: (i) Augusta, Georgia reducing the scope of a contract so as to eliminate or reduce work that was going to be performed by local small businesses (whether through a change order, contract amendment, force account or otherwise); (ii) A local small businesses voluntary withdrawal from the project, if the contract demonstrates that such withdrawal was beyond the contractor’s reasonable control, so long as the contractor complied with the Good Faith Efforts to replace the local small business with another local small business; or (iii) Termination or reduction in the work of a local small business, if the contractor demonstrates that such termination was consistent with the terms of this Program, and that the contractor complied with the Good Faith Efforts to replace the local small business with another local small business. (3) Contractors have an ongoing, affirmative obligation to ensure that local small businesses performing on the contract are performing a Commercially Useful Function. A contractor shall be in violation of the LSBOP and in breach of its contract if it lists a local small business to receive credit toward a committed local small business goal with knowledge that the local small business will be acting as a conduit or will otherwise not be performing a Commercially Useful Function reasonably commensurate with the payment amount for which the contractor will be seeking credit. (4) Contractors shall not terminate, replace or reduce the work of a local small business that the contractor has Page 9 of 111 counted toward meeting the committed local small business unless: (i) The local small business refuses to enter into a contract consistent with the local small business’ Letter of Intent; (ii) The local small business materially breaches its contract with the contractor; (iii) Augusta, Georgia reduces the contract scope of work so as to eliminate or reduce the work that the local small business was to perform; or (iv) The local small business voluntarily withdraws from the contract for reasons not within the contractor’s reasonable control. (5) Contractor shall provide the User Department, the Director of Compliance, and the Procurement Director written notice prior to replacing or terminating a local small business on a contract. The notice shall identify the local small business and the contract; state the reason for the termination or replacement and state the proposed date on which such termination or replacement will occur. Unless the circumstances necessitate immediate termination or replacement, the contractor shall provide such notice to the User Department, and the Director of Compliance at least five (5) Business Days before the contractor terminates the local small business. The contractor shall further provide written notice to the local small business stating the reasons for the termination. Unless circumstances dictate otherwise, the contractor shall provide such notice before termination is to occur. (6) Good Faith Efforts to replace a local small business to a contract. When a local small business withdraws or is terminated from a contract for any reason, the contractor shall comply with the Good Faith Efforts requirement to replace the departing local small business with another local small business. Likewise, when new opportunities for subcontracting arise on a contract and Augusta, Georgia sets a supplemental local small business goal, the contractors shall comply with the Good Faith Efforts set in an effort to meet the supplemental local small business goal. (7) Utilization Reports and Documentation of Payment. Contractors 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 Compliance, 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. (E) Departmental purchase requirements (small purchases, quotations, or informal bids). Subject to the dollar limits set forth under Augusta, Georgia ordinance, departments are authorized to make small purchases using Agency Purchase Orders. Departments shall be directed by Augusta, Georgia Administrator to utilize local small businesses on small purchases whenever possible and appropriate. (1) The Director of Compliance shall make available to every Augusta, Georgia department a directory of registered local small businesses and encourage their use of by departments. (2) The Director of Compliance shall provide annual training to all Augusta, Georgia Departments on the LSBOP. (3) The Director of Compliance shall ensure that all Augusta, Georgia specifications for goods and services do not contain any unnecessary impediment to local small business participation in the bid process. (4) For small purchases, quotations or informal bids, the Using Department will solicit bids from registered local small businesses to supply the required materials, equipment, supplies or services using the local small business Registry created and maintained by the Director of Compliance. (5) The Director of Compliance and Procurement Department will attempt to identify qualified local small businesses and will include such local small business in bid/quote solicitation lists. (6) The Director of Compliance will make recommendations to the Procurement Director and User Departments when specification appears to impede local small businesses from competitively participating in a bid. Page 10 of 111 (F) Procurement Department and User Agency Responsibilities. (1) For purchases on which written bids are sought, registered local small businesses which are ready, willing and able to perform the required services or provide the required commodity will be solicited for a written quotation or bid. (2) Purchases from local small businesses shall be tracked by the Director of Compliance with the assistance and cooperation of the user Departments. (G) Maintenance of Records. (1) The Director of Compliance, with the assistance of the Department of Information Technology, shall compile data on local small business participation as well as women and minority owned business participation. Information on prime contract awards and subcontractor utilization will be maintained by the Director of Compliance which will gather information from all user Departments on a quarterly basis. (2) Local small business utilization statistics shall be maintained in the following manner: (i) Contracts and purchases shall be grouped into four categories: construction, professional services, general services and materials/equipment/supplies. (ii) Statistics shall measure overall awards to local small businesses and to women and minority owned businesses by category of purchase (i.e. construction, professional services, general services, and materials/equipment/supplies). (iii) All data necessary to evaluate the effectiveness of the LSBOP in reducing discrimination against minority and women owned businesses shall be kept and maintained by the Director of Compliance. (3) Data collection is an important aspect of evaluating the effectiveness of the LSBOP. The LSBOP is a race and gender-neutral program and all data collection efforts shall be for evaluating purposes only. The following statistics shall be reported not less than annually to the Augusta, Georgia Commission by the Director of Compliance. (i) Regarding purchases of professional services, general services and material/equipment/supplies made through the competitive bid and quotation process: (a) Total value of purchases. (b) Total value of purchases from local small businesses. (c) Total value of purchases from women owned businesses. (d) Total value of purchases from minority owned businesses. (ii) Regarding small purchases by operating department using Agency Purchase Orders: (a) Total value of small purchases by Augusta, Georgia Department. (b) Total value of small purchases from local small businesses by Department. (c) Total value of small purchases from women owned businesses by Department. (d) Total value of small purchases from minority owned businesses by Department. (iii) Regarding construction purchases: (a) Total value of construction contract awards. (b) Total value of construction contracts awarded to local small businesses as prime contractors. (c) Total value of subcontracts awarded to local small businesses. (d) Total value of subcontracts awarded to women owned businesses. (e) Total value of subcontracts awarded to minority owned businesses. (H) Compliance. (1) It will be the duty of the Procurement Director to ensure that bids or proposals issued from the Procurement Department adhere to the provisions set forth in this Policy. (2) The Director of Compliance, and all department directors will assume responsibility for evaluating compliance with this program in their respective contract areas and will review, on a continuing basis, all Page 11 of 111 aspects of the program’s operations to assure that the purpose is being attained and reporting same to the Director of Compliance for tracking and annual report purposes. (3) Each Augusta, Georgia contract will contain a provision requiring compliance with this policy including maintenance of records, good faith efforts, and maintenance of information necessary to document compliance with, and effectiveness of the LSBOP. This shall include the right of the Director of Compliance and any compliance personnel to inspect such records. Compliance records will be a part of the official files located in the Procurement Office. (4) The Director of Compliance shall be responsible for evaluating good faith efforts documentation and subcontractor information submitted by bidders in conformance with, the AUGUSTA, GA. CODE and any State and Federal Laws applicable to any bid specifications for competitive sealed bid or competitive sealed proposal projects prior to award of the contract. (5) Each Augusta, Georgia contract will contain a provision prohibiting any agreements between a contractor and a local small business in which the local small business promises not to provide subcontracting quotations to other bidders or potential bidders. (I) Competitive Bids. Nothing in this Policy is to be construed to require Augusta, Georgia to award a bid contract to other than the lowest responsible bidder, or to require contractors to award to subcontractors, or to make significant material purchases from local small businesses who do not submit the best overall pricing to Augusta, Georgia. (J) Outreach. To maximize the identification, registration and utilization of local small businesses, the following efforts will be undertaken by the Director of Compliance: (1) Increase efforts to locate and register additional vendors, service providers, and construction contractors that can provide goods and services for Augusta, Georgia through media, vendor fairs, and electronic message boards. (2) As Georgia Department of Transportation, Federal Transit Administration, Department of Defense and Federal Aviation Administration certified construction contractors are located, invite local firms to register with Augusta, Georgia in accordance with the requirements of this Article in order to create an enhanced resource to using departments, buyers and prime contractors to locate registered local small businesses for projects that can utilize local small businesses for a commercially useful function. (3) Supply information to the Board of Commissioners regarding the LSBOP and offer opportunities for ways in which the Board of Commission can be an advocate of the LSBOP. SEC. 1-10-130. EXCEPTIONS – FEDERALLY FUNDED PROJECTS. In accordance with § 1-10-8 and Chapter 10B, the LSBOP shall only be utilized with federally funded projects, solicitations or contracts as authorized by federal (and Georgia) laws, regulations and conditions applicable to such projects. To the extent that there are any conflicts between any such laws, regulations or conditions and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall control. SEC. 1-10-131. CITIZENS SMALL BUSINESS ADVISORY BOARD. A Citizens’ Small Business Advisory Board (CSBAB) shall be constituted to advise the Commission and Director of Compliance on matters related to this ordinance, and to meet with local small businesses, to review and provide input as to the issues in program administration. See Consolidation Act § 14(d). Members are appointed by the Mayor, Commission and the Richmond County Legislative Delegation. A list of the appointees is maintained in the Clerk of Commission’s Office and is incorporated herein by reference. SEC. 1-10-132 PROTESTS, APPEALS, AND REMEDIES Page 12 of 111 (1) Determination of Non-responsiveness. A responsible bidder that is determined to be non-responsive to the requirements of this Chapter, and that otherwise would have been awarded a contract, as determined in consultation with the Procurement Director, shall receive a written determination by the Compliance Director, via certified mail, setting forth the reasons for the determination of non-responsiveness. (2) Decertification of a Local Small Business (“LSB”). Upon decertification of an LSB, the Compliance Department shall notify the affected party in writing, via certified mail, setting forth the reasons for decertification. (3) Protests of Non-responsiveness/ Decertification /Non-compliance. A responsible bidder that has been deemed non-responsive or non-compliant after a contract is awarded or a LSB that has been decertified by the Compliance Director may protest by filing a written protest with the Compliance Director within five (5) business days after the protestor knows or should have known of the decertification or determination of non-responsiveness/non- compliance. A protest is deemed filed when actually received by the Compliance Director. Protests filed after the 5 (five) business day period shall not be considered and are deemed a failure on the part of the protestor to exhaust administrative remedies. (4) Stay of Procurement. Upon receipt of a written protest or appeal by the Compliance Director, the Compliance Director shall notify the Procurement Director of such protest. After said notification, the Procurement Director shall issue a stay of the procurement and shall not proceed further with the solicitation or award until such protest or appeal has been resolved. (5) Decertification Protests. All Decertification Protests shall include: a. current name, address, telephone number and principal contact person for the LSB; b. the specific reason, as identified by the relevant portion of the LSBOP code, that decertification is inappropriate; and c. appropriate written documentation that supports the reason provided in (b) above. (6) Non-responsiveness/Non-compliance Protests. All non-responsiveness protests shall include: a. name and address of protestor; b. appropriate identification of the procurement or contract number, if a contract has been awarded; c. statement of reasons for the protest; and d. supporting exhibits, evidence, or documents to validate any claims unless not available within the filing time in which case the expected availability date shall be indicated. The protest is based on the information/documentation provided in the original solicitation submission; therefore, the protestor may not introduce new information/documentation. (7) Decisions by the Compliance Director. A written decision on a protest shall be made by the Compliance Director within ten (10) business days after receiving all relevant, requested information. If the protest is sustained, the Compliance Director may determine: to reverse determinations of non-responsiveness/non-compliance and decertification when supported by the evidence. (8) Time for filing a notice of appeal. Any responsible bidder against whom a final determination of non- responsiveness/non-compliance to the requirements of this subdivision or LSB that has been decertified and a final decision has been made by the Compliance Director, may appeal the final determination by filing a notice of appeal with the Compliance Director in writing five (5) business days after the LSB has received notice or should have received notice of the final determination of non-responsiveness/non-compliance or decertification. An appeal is considered filed when received by the Compliance Director. Appeals filed after the five (5) business day period shall not be considered and are deemed a failure on the part of the LSB or responsible bidder to exhaust administrative remedies. (9) Notice of hearing date and hearing. Within three (3) business days of receipt of a notice of appeal from an aggrieved party, excluding official holidays, the Compliance Director shall place the protest on the agenda of the Administrative Services Committee. The Clerk of Commission’s Office shall provide public notice of the Administrative Services Committee agenda as required by law. In addition, the LSB and responsible bidder shall Page 13 of 111 be sent written notice of the time and place of the hearing by the Clerk of Commission. Copies of such notice shall be sent to the Augusta, Georgia General Counsel and the Department Director of the appropriate user department. (10) Administrative Service Committee hearing procedures and effect of failure to appear at hearing. (Ordinance 7439- Commission Approved 11-19-13) (a) Protests appearing on the Administrative Services Committee shall be treated as any other Committee agenda item, except that the Protestor, or his or her representative, shall have the right to address the Committee and to present evidence in support of the protest for a maximum of ten (10) minutes. The Compliance Director and user department, or their representative, shall also have the opportunity to present evidence relating to the protest for a maximum of ten (10) minutes. The Chairman of the Administrative Services Committee may grant additional time equally to each party at his or her discretion. (b) After considering the evidence presented, the Administrative Services Committee shall make a recommendation to grant or deny the protest, or to send the item to the full Augusta, Georgia Commission without recommendation. Regardless of the action taken by the Committee, the protest shall be forwarded to the full Commission agenda for a final decision. The Clerk of Commission shall make an audio recording of the protest hearing and shall make such recording available to Commissioners within two (2) business days following the hearing. (c) Procedure to Speak to Full Commission Regarding Protest. A protestor seeking to speak to the full Commission regarding his or her protest must submit a request in writing, including his/her address and the name of the procurement being protested, no later than 5:00 p.m. on the Wednesday preceding the next regularly scheduled Commission meeting that follows the Administrative Services Committee protest hearing. Such request shall be provided to the Clerk of Commission with a copy to be provided to the Compliance Director. When the protest is heard by the Commission, the protestor and the Compliance Director shall each have five (5) minutes to summarize the arguments and evidence presented to the Administrative Services Committee. The Commission will not hold a new hearing and will not accept new evidence. If the protestor has not made a timely request to address the full Commission, the Commission may, at its discretion, dispose of the agenda item via the Consent Agenda. (d) Effect of Failure to Appear at Hearing. Failure on the part of the Protestor to appear before either the Administrative Services Committee or the full Augusta, Georgia Commission is considered an abandonment of their right to appeal and a failure on the part of the protestor to exhaust administrative remedies. The Compliance Director’s decision is considered final and the award shall proceed accordingly. However, the Chairman of the Administrative Services Committee or the Mayor may, at his or her discretion, may grant the Protestor one continuance to the next regularly scheduled Committee or Commission Meeting. Such continuance may only be granted during the Committee or Commission meeting and shall be recorded on the minutes of such meeting. Hearing Procedures (a) Hearings shall be as informal as may be reasonable and appropriate under the circumstances and in accordance with the applicable rules of the Administrative Services Committee and Commission. The Director of Compliance shall provide the Administrative Services Committee and Commission with copies of the protest and the response of the Compliance Department. (b) Witnesses providing testimony at before the Administrative Services Committee or Commission shall testify under oath or affirmation. Determination of Commission; final decision The Commission’s decision regarding a Protest is the final step in the Appeals process for Augusta, Georgia. The parties shall have thirty (30) days to file a judicial appeal of any such decision. Such appeal shall be by writ of certiorari to the Superior Court of Richmond County. Page 14 of 111 Penalties for Noncompliance A contractor who fails to comply with any portion of this Chapter, and whose failure to comply continues for a period of thirty (30) calendar days after the contractor receives written notice of such noncompliance from the Director of Compliance, shall be subject to any or all of the following penalties: 1) Withholding ten (10) percent of all future payments for the eligible project until the Compliance Department determines that the contractor is in compliance with this Chapter. 2) Cancellation of the eligible project. 3) Refusal of all future contracts or subcontracts with Augusta for a minimum of one (1) year and a maximum of five (5) years from the date upon which this penalty is imposed. SEC. 1-10-134 MINIMUM REQUIRED LSBOP ANNUAL DEVELOPMENT EDUCATION All local small businesses registered in the LSBOP shall be required to attend a minimum of three (3) business development workshops/seminars every other year. The workshops/seminars will be presented on behalf of the Director of Compliance and shall be offered at reasonable hours to accommodate and facilitate the required attendance. The workshops/seminars will provide vital information regarding revenue increase, business growth/expansion, marketing, financial management, etc. to aid in the overall success of the businesses in the LSBOP. The mission of the LSBOP is to assist in realizing the potential of local small businesses through EDUCATION, EMPOWERMENT, and ENGAGEMENT. Commission Meeting Agenda 7/21/2020 2:00 PM Memorandum of Understanding between the Board of Regents and the University System of Georgia by and on behalf of the University of Georgia Cooperative Extension and Richmond County Department:UGA Extension Services Department:UGA Extension Services Caption:UGA Extension Services is requesting the approval of a MOU between the Board of Regents and the University System of Georgia by and on behalf of the University of Georgia Cooperative Extension and Richmond County. Background: Analysis: Financial Impact:No financial impact. Alternatives:Denied the motion. Recommendation:To approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Cover Memo 1 MEMORANDUM OF UNDERSTANDING Between THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA by and on behalf of THE UNIVERSITY OF GEORGIA COOPERATIVE EXTENSION and RICHMOND COUNTY This Memorandum of Understanding (“MOU”) is made between the Board of Regents of the University of System of Georgia by and on behalf of the University of Georgia Cooperative Extension (hereinafter “UGA Extension”) and Richmond County, a political subdivision of the State of Georgia, by and through its Board of Commissioners, (hereinafter the “County”), for the provision of Cooperative Extension Services and Personnel in Richmond County, Georgia. WHEREAS, through the Smith-Lever Act of the U.S. Congress of 1914, an Agreement was created between The Board of Regents of the University System of Georgia, the University of Georgia, the University of Georgia Cooperative Extension and the U.S. Department of Agriculture, to allow for Extension work to be conducted in the State of Georgia; and WHEREAS, for over 100 years UGA Extension has offered services in all 159 counties in the State of Georgia; and WHEREAS, through county offices throughout the state, UGA Extension continues to offer reliable information and programs in the areas of agriculture, food, families, the environment and 4-H youth development; and WHEREAS, UGA Extension is able to maintain and operate these programs through the use of UGA Extension personnel; and WHEREAS, UGA Extension and the County agree that the services provided by UGA Extension Personnel are invaluable to the County’s citizens and community; and WHEREAS, the County Board of Commissioners is authorized under Article 9, Section 3, Paragraph 1, and Article 9, Section 4, Paragraph 2, of the Constitution of the State of Georgia as amended in 1983, and by O.C.G.A. § 20-2-62 and O.C.G.A. § 48-5-220 to enter into agreements providing for these types of services; and WHEREAS, all parties agree that it is necessary and appropriate to define the types of UGA Extension operations and personnel and establish parameters for compensation so that all parties are clear on their respective responsibilities and duties; NOW, THEREFORE, the Parties agree as follows: 2 I. OPERATIONS UGA Extension and the County will support all County Extension personnel operationally as set forth in this MOU regardless of employee compensation status. A. UGA EXTENSION agrees to the following: 1. UGA Extension shall annually appoint a member of the County Extension personnel to serve as the County Extension Coordinator. The Coordinator shall be responsible for the total County Extension program, staff coordination and supervision, and all communications and transactions between the County and the County Extension staff. 2. UGA Extension shall provide County Extension personnel with the necessary educational materials needed for an effective program. UGA Extension also agrees to plan, implement and conduct training as necessary to keep County Extension personnel adequately prepared to conduct effective, relevant Extension programs. 3. UGA Extension shall reimburse all County Extension personnel directly for expenses incurred for officially designated travel authorized by the District Extension Director. 4. UGA Extension shall support County Extension personnel and the Extension program in the County with necessary assistance of District and State subject matter and supervisory personnel and other resources as available from the University of Georgia, the University System of Georgia, and other agencies and organizations with whom UGA Extension cooperates. 5. UGA Extension shall report to the County Board of Commissioners at regular intervals on the nature of the County Extension program and progress being made. B. The COUNTY agrees to the following: 1. The County shall provide a suitable County Extension office with the suitability of the office to be agreed on by all parties. As a part of the County’s budgeting process, the County further agrees to provide sufficient funds to pay for all necessary office supplies, office equipment, telephone, utilities, data communication/networking (including broadband internet connectivity), postage, demonstration materials, janitorial service and other items necessary for the operation of an effective Extension education program. a. Should the County request removal or modification of office network infrastructure deployed and/or managed by UGA Extension, the County shall coordinate with UGA Extension IT personnel prior to the removal or modification of said equipment. The County shall also coordinate with UGA Extension IT personnel prior to the addition of new network infrastructure where the existing network infrastructure has been deployed or is managed by UGA Extension. 3 b. The County shall coordinate with UGA Extension IT personnel in planning for the relocation of an existing or establishment of a new Extension office where the network infrastructure and/or computing resources will be managed by UGA Extension. c. The County shall allow the installation and use of client software and unrestricted access to online resources deemed necessary by UGA Extension to conduct Extension business operations and program delivery; provided, however, that, all such software shall comply with any and all County information technology policies relating to security on, and compatibility with, the County’s information technology infrastructure and systems. UGA Extension and the County will jointly determine such compliance prior to installation of any such software. 2. The County shall furnish a county government vehicle or reimburse the travel expenses of County Extension personnel for official travel in the county or on behalf of Richmond County. The reimbursement shall be paid by the County directly to County Extension personnel unless some other method is agreed upon in writing by UGA Extension and the County. 3. The County shall evaluate financial support to the operations of UGA Extension annually, including compensation of personnel, make adjustments as necessary for continued effective support, and shall notify the UGA Extension of these adjustments. The County Extension Coordinator will prepare and submit for approval an annual operating budget to the County according to standards set by the Board of Commissioners for all county departments. II. COMPENSATION The UGA Cooperative Extension personnel shall be categorized based on the method of compensation they are associated with, as set forth in the attached addendums. UGA Extension and the County shall identify and agree upon the appropriate compensation method and personnel relationship for each employee. The following three options are available (CHECK ALL THAT APPLY): A. COOPERATIVE DIRECT PAY In choosing Cooperative Direct Pay, the County desires for the County Extension Personnel to receive compensation from both the County and from UGA Extension. The amount of compensation to County Extension Personnel under this option, as well as the County’s and UGA Extension’s responsibility for the County Extension Personnel’s withholding and payment of federal and state taxes and contributions toward retirement benefits, shall be divided proportionally between the County and UGA Extension as set forth in Addendum “A”. B. COOPERATIVE CONTRACT PAY In choosing Cooperative Contract Pay, the County desires for County Extension Personnel to receive their compensation from UGA Extension payroll. The amount of compensation to County Extension Personnel under this option, as well as the X 4 County’s and UGA Extension’s responsibility for the County Extension Personnel’s withholding and payment of federal and state taxes and contributions toward retirement benefits, shall be divided proportionally between the County and UGA Extension as set forth in Addendum “B”. However, for administrative purposes the County Extension Personnel’s compensation will come directly from UGA Extension, with the County reimbursing UGA Extension for the County’s proportionate share. C. COUNTY FUNDED EXTENSION PERSONNEL In choosing County Funded Extension Personnel, the County desires for the County Extension Personnel to be an employee of the County receiving compensation from only the County, as set forth in Addendum “C”. The County shall be solely responsible for the County Extension Personnel’s salary, benefits (including but not limited to health insurance), withholding of federal and state taxes, and retirement benefits (if any). III. AGREEMENT 1. This MOU shall take effect when it is executed by both Richmond County and UGA Extension. 2. In instances of conflict between University of Georgia/University System of Georgia and County policies, the University of Georgia/University System of Georgia policies shall govern. 3. The term of this MOU shall be from the date of execution until terminated by either party by written notice of such intent provided ninety (90) days in advance. 4. This MOU may be modified by written agreement of the parties hereto. 5. Neither party to this agreement will discriminate against any employee or applicant for employment because of race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status. 6. All notices provided for or permitted to be given pursuant to this MOU shall be in writing and shall be deemed to have been properly given or served by personal delivery or by depositing in the United States Mail, postpaid and registered or certified mail, return receipt requested, and addressed to the addresses set forth below. By giving written notice hereunder, either party hereto shall have the right from time to time and at any time during the term of this MOU to change their respective addresses. For the purposes of this Agreement: The address of UGA Extension is: 602 Greene Street Augusta, GA 30901 X 5 The address of County is: 535 Telfair Street Augusta, GA 30901 or such other address as shall be furnished by such notice to the other party. _________________________________________________ Date: __________________ Chairman, Board of Commissioners, Richmond County __________________________________________________ Date: __________________ County Extension Coordinator, Richmond County __________________________________________________ Date: __________________ Vice President for Public Service and Outreach, University of Georgia 6 Addendum A COOPERATIVE DIRECT PAY In choosing Cooperative Direct Pay, the County desires for the County Extension Personnel to receive compensation from both the County and from UGA Extension. The amount of compensation to County Extension Personnel under this option, as well as the County’s and UGA Extension’s responsibility for the County Extension Personnel’s withholding and payment of federal and state taxes and contributions toward retirement benefits, shall be divided proportionally between the County and UGA Extension as set forth in an annual Financial Agreement. Such annual Financial Agreement shall be contingent upon funding as a part of the County’s annual budget process. 1. UGA Extension shall employ and supervise County Extension personnel. It shall be the responsibility of the UGA Extension to establish minimum qualifications for County Extension personnel, certify the qualifications of all applicants, and to determine the total salary applicants are to be paid. 2. UGA Extension shall serve as the employer of record and therefore: a. Provide legally required health insurance; and b. Provide legally required worker’s compensation insurance 3. UGA Extension shall appoint County Extension personnel in compliance with Equal Employment Opportunity regulations and subject to the approval of the County. The County will provide UGA Extension with written reasons for each disapproval of an appointment recommendation. 4. In the event the work of any County Extension staff member becomes unsatisfactory to the County, it shall be the responsibility of the County to communicate this dissatisfaction to the District Extension Director of the UGA Extension in writing within a reasonable time frame. It shall then be the responsibility of the UGA Extension to address the County’s dissatisfaction and advise the County of action taken, if any. UGA Extension shall have the right to terminate or transfer personnel from the County. UGA Extension may select a replacement for the County, following the procedure described above. 5. UGA Extension shall keep at all times an accurate record of all funds received and disbursed under this agreement including all support documents. UGA Extension shall retain such records for a period of three (3) years unless an audit has begun but not been completed or if the audit findings have not been resolved at the end of the three (3) year period. In such cases, the records shall be retained until the audit is complete or until the resolution of the audit findings, whichever is later. UGA Extension will provide the County with a copy of any and all such audits relating to the County Extension office, personnel, and/or operations upon request by the County. 6. UGA Extension shall carry out all work under this agreement in accordance with the 7 administrative and other requirements, including those related to personnel matters, established by the University of Georgia, federal and state laws, regulations, and standards. 7. UGA Extension shall pay its portion of the salary and associated benefits of County Extension personnel at a rate in compliance with the Board of Regents and the UGA Extension salary administration policies. 8. The County shall provide the agreed upon portion of the salaries and associated benefits of County Extension personnel as set forth in the annual Financial Agreement. Benefits, including leave, shall be calculated according to policies established by the Board of Regents. The County portion of salary shall be paid monthly by the County directly to County Extension personnel. The County will collect and remit FICA taxes on the County portion of the salary. UGA Extension shall provide monthly statements to the County reflecting the County portion of the employer contribution to the employee’s retirement benefit with Teachers Retirement System of Georgia. The reimbursement to UGA Extension for the County’s portion of this benefit will be made to the UGA Extension in the full amount within fifteen (15) days of receipt of the statement. The County portion of employee salaries should be adjusted annually based on performance and/or cost of living increases typical of other County employees in accordance with the County’s generally applicable rules or conditions for such adjustments. This adjustment should be reported to UGA Extension 30 days prior to effective date. UGA will not allocate any percentage salary increase on the County portion of the employee’s salary. 9. The County agrees to pay its share of the annual leave payment in accordance with University of Georgia and UGA Extension leave policies when an employee terminates employment through resignation or retirement during the term of this MOU and chooses to take a lump-sum payment for accumulated annual leave. Such County share shall be based solely on the individual’s time serving the County in his or her capacity as part of the County Extension office. 8 Addendum B COOPERATIVE CONTRACT PAY: In choosing Cooperative Contract Pay, the County desires for County Extension Personnel to receive their compensation from UGA Extension payroll. The amount of compensation to County Extension Personnel under this option, as well as the County’s and UGA Extension’s responsibility for the County Extension Personnel’s withholding and payment of federal and state taxes and contributions toward retirement benefits, shall be divided proportionally between the County and UGA Extension as set forth in an annual Financial Agreement. Such annual Financial Agreement shall be contingent upon funding as a part of the County’s annual budget process. However, for administrative purposes the County Extension Personnel’s compensation will come directly from UGA Extension, with the County reimbursing UGA Extension for the County’s proportionate share. 1. UGA Extension shall employ and supervise County Extension personnel. It shall be the responsibility of the UGA Extension to establish minimum qualifications for County Extension personnel, certify the qualifications of all applicants, and determine the total salary applicants are to be paid. 2. UGA Extension shall serve as the employer of record and therefore: a. Provide legally required health insurance; b. Provide legally required worker’s compensation insurance; and c. Pay applicable FICA taxes; and d. Withhold federal and state income taxes in accordance with relevant federal and state law. 3. UGA Extension shall appoint County Extension personnel in compliance with Equal Employment Opportunity regulations and subject to the approval of the County. The County will provide UGA Extension with written reasons for each disapproval of an appointment recommendation. 4. In the event the work of any County Extension staff member becomes unsatisfactory to the County, it shall be the responsibility of the County to communicate this dissatisfaction to the District Extension Director of the UGA Extension in writing within a reasonable time frame. It shall then be the responsibility of the UGA Extension to address the County’s dissatisfaction and advise the County of action taken, if any. UGA Extension shall have the right to terminate or transfer personnel from the County. UGA Extension may select a replacement for the County, following the procedure described above. 5. UGA Extension shall keep at all times an accurate record of all funds received and disbursed under this agreement including all support documents. UGA Extension shall retain such records for a period of three (3) years unless an audit has begun but not been completed or if the audit findings have not been resolved at the end of the three (3) year period. In such cases, the records shall be retained until the audit is complete or until the 9 resolution of the audit findings, whichever is later. UGA Extension will provide the County with a copy of any and all such audits relating to the County Extension office, personnel, and/or operations upon request by the County. 6. UGA Extension shall carry out all work under this agreement in accordance with the administrative and other requirements, including personnel matters, established by the University of Georgia, federal and state laws, regulations, and standards. 7. UGA Extension shall pay its portion of the salary and associated benefits of County Extension personnel at a rate in compliance with the Board of Regents and the UGA Extension salary administration policies. 8. The County shall provide the agreed upon portion of the salaries and associated benefits of County Extension personnel to UGA Extension within thirty (30) days of receipt of an invoice from UGA Extension. Benefits, including leave, shall be calculated according to policies established by the Board of Regents. UGA Extension will provide monthly statements to the County reflecting the County portion of the County Extension Personnel’s salary and benefits. The County is aware and agrees that these benefits will include the County’s proportionate share of the employer portion of FICA, worker’s compensation and the employee’s selected retirement benefits. The employee may select the Georgia Teachers Retirement System or the Board of Regents Optional Retirement Program. The County portion of employee salaries shall be adjusted annually based on performance and/or cost of living increases typical of other county employees in accordance with the County’s generally applicable rules or conditions for such adjustments. This adjustment should be reported to UGA Extension 30 days prior to effective date, and a new contract will be issued with the new salary. UGA Extension will not allocate any percentage salary increase on the County portion of the employee’s salary. The County’s portion is as set forth in the annual Financial Agreement. 9. The County agrees to pay its share of the annual leave payment in accordance with University of Georgia and UGA Extension leave policies when an employee terminates employment through resignation or retirement during the term of this MOU and chooses to take a lump-sum payment for accumulated annual leave. Such County share shall be based solely on the individual’s time serving the County in his or her capacity as part of the County Extension office. 10 Addendum C COUNTY FUNDED EXTENSION PERSONNEL In choosing County Funded Extension Personnel, the County desires for the County Extension Personnel to be an employee of the County receiving compensation from only the County. The County shall be solely responsible for the County Extension Personnel’s salary, benefits (including but not limited to health insurance), withholding of federal and state taxes, and retirement benefits (if any). For County Funded Extension Personnel, UGA EXTENSION agrees to the following: 1. UGA Extension shall establish minimum qualifications for County Extension personnel and certify the qualifications of all applicants. 2. UGA Extension may approve or disapprove appointment recommendations by County of County Funded Extension personnel; provided, however, UGA Extension will provide the County with written reasons for each disapproval of an appointment recommendation. 3. UGA Extension shall supervise and evaluate County Funded Extension personnel according to applicable University of Georgia and the Board of Regents policies and procedures. 4. UGA Extension shall collect, approve and transfer employee work time records to the COUNTY on a weekly or monthly basis as agreed upon. 5. In the event the work of any County Funded Extension personnel becomes unsatisfactory to UGA Extension, it shall be the responsibility of UGA Extension to communicate this dissatisfaction to the County. It shall then be the responsibility of the County to appropriately deal with the dissatisfaction and advise the UGA Extension of action taken, if any. The County shall have the right to terminate or transfer personnel. For County Funded Extension Personnel, the COUNTY agrees to the following: 1. The County shall employ and determine the total salary that personnel are to be paid. 2. The County shall provide all salary and associated benefits as per County policy. 3. The County shall serve as the employer of record and therefore: a. Provide legally required health insurance; b. Provide legally required worker’s compensation insurance; c. Withhold and pay appropriate FICA and income taxes to the relevant government agencies; and d. Designate supervision of extension personnel to the District Extension Director. 4. Annual salary adjustments for County Extension personnel shall be based on County policy and consistent with such policies for other County employees. 11 5. No provision of this Addendum, the MOU, or the annual Financial Agreement between UGA Extension and the County shall create any employment rights for such personnel above and beyond any such rights enjoyed by County employees generally. Commission Meeting Agenda 7/21/2020 2:00 PM Memorial Wall COVID-19 Department: Department: Caption:Erect a Memorial Wall in honor of Augustans who lost their lives to COVID-19. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Partnering with the National Rhythm & Blues Hall of Fame Department: Department: Caption: Discuss/approve Augusta, GA partnering with the National Rhythm & Blues Hall of Fame to make Augusta its home and making its induction ceremony an annual event. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Articles of Organization A set of formal documents filed with the Secretary of State to legally document the creation of a new business entity. Preparedby inCfilg Control Number : 20104057 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF ORGANIZATION I, Brad Raffensperger, the Secretary of State and the Corporation Commissioner of the State ofGeorgia, hereby certify under the seal of my office that NATIONAL RIIYTHM & BLI]ES HALL OF FAME LLC a Domestic Limited Liability Company hasbeendulyorganizedunderthelawsof theStateof Georgia on06t25t2020by thefilingof articlesof organization in the Office of the Secretary of State and by the paying of fees as provided Uy litte 14 of theOfficial Code of Georgia Annotated. WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on0710712020. eve@ Brad Raffensperyer Secretary of State ARTICLES OF ORGANIZATION *Electronically Filed* Secretary of State Filing Date: 612512020 9:48:51 AM CONTROL NUMBER BUSINESS NAME BUSINESS TYPE EFFECTTVE DATE 201M057 NATIONAL RHYTHM & BLLIES HALL OF FAME LLC Domestic Limited Liability Company 06t25t2020 23600 COVENTRY WOODS LN, SOUTHFIELD, MI, 48034, USA ADDRESS LEGALINC CORPORATE SERVICES INC. 1870 THE EXCHANGE, SUITE 2OO-44, ATLANTA, GA, 30339, USA COUNTY Fulton ADDRESS CHERYL RUFFIN ROBINSON LAMONTROBINSON TITLE ADDRESS ORGANI7F'-R 23600 COVENTRY WOODS LN, SOUTHFIELD, MI, 48034, USA ORGANZER 23600 COVENTRY WOODS LN, SOI.JTHFIELD, MI,48034, USA AUTIIORIZER SIGNATURE AUTHORIZER TITLE LAMONTROBINSON Organizer Commission Meeting Agenda 7/21/2020 2:00 PM Needs Assessment of the Augusta Fire Department Department: Department: Caption:Motion to authorize the Administrator and HR Director to conduct a Needs Assessment of the Augusta Fire Department; and authorized expenditure up to $25,000 from the Fire Department's training budget for additional professional assistance as needed and conclude within a six-weeks time period. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Approval Request - Commodities Point of Distribution (POD) Plan Department:Fire/EMA Department:Fire/EMA Caption:Motion to approve the Commodities Point of Distribution (POD) Plan and authorize the Mayor to execute the documents. Background:The Commodities POD Plan is an Annex to the Local Emergency Operations Plan. It is a requirement by GEMA. The Commodities POD Plan is a guide to how Augusta-Richmond County will establish initial points of distribution (PODS), where the public may obtain life sustaining emergency relief supplies. If utilized, PODs will operate until power is restored and traditional facilities, such as retail establishments, reopen. Analysis:This is a plan required by GEMA and must be updated every 5 years Financial Impact:N/A Alternatives:None Recommendation:Approve the Commodities Point of Distribution (POD) Plan and authorize the Mayor to execute the documents Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Cover Memo EOP – ESF- 7 Annex Commodity Distribution Plan 1 AUGUSTA-RICHMOND COUNTY EMERGENCY OPERATIONS PLAN ESF-7 ANNEX COMMODITY DISTRIBUTION POD PLAN FEBRUARY 2020 EOP – ESF- 7 Annex Commodity Distribution Plan 2 Non-Disclosure and Security of Information Contained Within This Plan This document and all its information is protect from unauthorized disclosures by Georgia Code [50-18- 72(a)(15)(A)]- specifically, sections (ii) an (iv). This law reads in part: “…(15)(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following: (i) Security plans and vulnerability assessments for any public utility, technology infrastructure, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (ii) Any plan for protection against terrorist or other attacks, which plan depends for its effectiveness in whole or part upon a lack of general public knowledge of its details; (iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks, which devices depend for their effectiveness in whole or in part upon a lack of general public knowledge; and (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts…” Prior to any disclosure, publication, public release or sharing of information contained in this Plan, the resources, contacts, databases or any of the Plan annexes and appendices, written permission must be obtained from Augusta Emergency Management. EOP – ESF- 7 Annex Commodity Distribution Plan 3 Table of Contents I. Introduction ........................................................................................................................................... 4 II. Scope ..................................................................................................................................................... 4 III. Authority .............................................................................................................................................. 4 IV. Situations & Assumptions ..................................................................................................................... 4 V. Concept of Operations .......................................................................................................................... 5 VI. Roles and Responsibilities .................................................................................................................... 7 VII. Site Layout Options .............................................................................................................................. 8 VIII. Effective .............................................................................................................................................. 12 EOP – ESF- 7 Annex Commodity Distribution Plan 4 I. Introduction This Commodity Distribution Support Annex is a guide to how Augusta-Richmond County will establish initial points of distribution (PODS), where the public may obtain life sustaining emergency relief supplies. If utilized, PODs will operate until power is restored and traditional facilities, such as retail establishments, reopen. The type and quantity of supplies that the public will need in the aftermath of a disaster will vary, and every event will be different. The response may incorporate the provision of commodities to meet health and safety needs including but not limited to: potable water, packaged ice, Meals Ready to Eat (MREs), and other life- sustaining supplies. Commodities are usually sent from staging areas to local distribution points. These commodities and supplies are most often delivered in over-the-road tractor trailer loads. Since these types of trucks are eighteen to thirty feet long, as well as have a trailer that is forty-five to fifty-two feet long, large open areas are required to accommodate the vehicles with their loads. PODs must be in areas that are paved, on concrete, or gravel hard- stand that can withstand loads at the weight limits of national roadways. In addition to the area needed for the trucks, planning must include areas for equipment, dumpsters, proper traffic flow, stockpiles, and public ingress/egress. II. Scope This Annex is used in conjunction with the Emergency Operations Plan (EOP), which provides an overview of Richmond County’s approach to emergency operations and the emergency management organization. This Annex does not supersede the plans, policies and procedures of volunteer organizations serving Richmond County nor does it affect assistance offered directly by voluntary agency partners. III. Authority The Augusta, GA ordinance related to emergency management activities. IV. Situations & Assumptions Disasters can cause substantial disruption of essential services, power and water, and transportation infrastructure within Augusta-Richmond County. These disruptions may create the need for disaster commodities to be distributed to the public in the absence of the ability to buy them. The required rate of delivery of bulk commodities is directly proportional to the ability to distribute resources to victims, and the status of commercial power restoration. Each POD should not request more commodities than the effected population can reasonably consume in the operational period or that can be effectively distributed by the POD. A forecasting tool will be utilized to determine the initial quantities of commodities required based on the forecast-impacted population. This forecasting tool will also estimate the number of the PODs, staffing, material handling resources, and other logistics support resources the county will require. EOP – ESF- 7 Annex Commodity Distribution Plan 5 V. Concept of Operations A. Planning Factors The following general planning factors will be utilized to coordinate and communicate during the planning and response processes. The Emergency Operations Center (EOC) will work with Georgia Emergency Management and Homeland Security Agency (GEMA/HS) and the US Army Corps of Engineers (USACE) to estimate commodity needs for each distribution point. B. General Information: Commodity Consumption Typically Delivered ICE 8 lbs (1bag) per person per day 40,000 lbs per truck load 20 Pallets per truck, 2000 lbs per pallet, 250 – 8 lbs bags per pallet, 5000 bags per truck 25 Trucks = 1 million lbs Water 1 gal per person (3.79 liters per gal) 4,750 gallons per truck 20 Pallets per truck 237 gallons per pallet 1900 lbs per pallet 212 Trucks = 1 million gal MREs 2 MREs per person per day 21,744 MREs per truck load 12 MREs per case 1812 cases per truck Tarps 1 Per Car 4,400 tarps per truck load Tarp size is generally 20' x 25' C. Distribution Point Planning The following assumptions will be used for distribution planning: • Survivors will drive through a distribution point and be served without leaving their vehicles. • Each car represents an average family of 3 • Each vehicle passing through a distribution point may receive the following: o 2 or 3 bags of ice o 1 case of water o 6 MREs o 1 tarp (if needed) 1 truck load of ice and water will serve 1,660 vehicles of 5,000 people 1 truck load of MREs will serve 3,624 vehicles or about 10,000 people 1 truck load of tarps will serve 4,400 vehicles or about 4,400 homes EOP – ESF- 7 Annex Commodity Distribution Plan 6 PODs will be open to the public 12 hours a day. Re-supply of distribution points will primarily be at night while it is closed to the public. Loading points are where stockpiles of ice, water, MREs, and tarps are located. Each loading point has a team of people (1 for water, 1 for ice, and 1 for MREs/tarps) that load these items into a vehicle as it stops in front of their position. A well-planned and properly operated distribution point that utilizes one lane of traffic and 3 loading points can serve 140 cars per hour. Based on a 12-hour work schedule, about 1,680 vehicles x 3= 5,000 people can be served each day. D. Logistics a. Resource Priorities • All resource decisions specific to disaster commodity distribution shall be based on the following priorities: i. Life Safety ii. Incident Stabilization iii. Property & environmental protection iv. Restoration of critical infrastructure b. Facilities • Emergency Operations Center- The Augusta-Richmond County EOC will be activated an hour prior to the opening of the POD and closed an hour after the closing of the POD each day the POD is in operation. Staff will be determined based on need. • Points of Distribution- Locations may be determined based on the location of the emergency and must be based on meeting the objective of taking the recovery to the disaster affected community. The following locations have been previously identified: i. Diamond Lakes Park ii. Cross Creek High School iii. Butler High School EOP – ESF- 7 Annex Commodity Distribution Plan 7 VI. Roles and Responsibilities Emergency Support Function Responsibilities ESF – 1: Transportation Augusta Transit 1. Participate in regular training and exercises. 2. Participate in annual plan reviews. 3. At the request of Augusta Fire/ EMA provide transportation of volunteers to and from Points of Distribution. 4. Provide transportation of disaster commodities as requested. ESF – 2: Communications Augusta IT Augusta E-911 Center Augusta Fire/ EMA 1. Participate in regular training and exercises. 2. Participate in annual plan reviews. 3. Coordinate communications between PODs and the Emergency Operations Center. 4. Support POD operations by ensuring interoperable communications between local, regional, state and federal assets. ESF – 3: Public Works Augusta Traffic Engineering Augusta Central Services 1. Participate in regular training and exercises. 2. Participate in annual plan reviews. 3. Assign equipment and personnel if available to assist in the unloading of disaster commodities as requested. 4. As requested, deploy signs and other traffic control devices to assist with traffic control at or near POD sites. ESF-4: Fire Service Augusta Fire Department 1. Participate in regular training and exercises. 2. Participate in annual plan reviews. 3. If available, provide Emergency Medical Service support at POD locations. 4. Provide logistics personnel to assist emergency management with POD management. ESF-5 Emergency Management Augusta Fire/EMA 1. Coordinate regular training and exercises. 2. Coordinate annual plan reviews. 3. Aggressively work to determine anticipated or actual unmet needs. 4. Maintain high level of situational awareness and request disaster commodities from GEMA and other sources as soon as possible. 5. Determine the most practical locations to deploy disaster commodities including pre-determined POD locations, shelters, Disaster Recovery Centers, or other locations driven by the event. 6. Activate POD plan as early as possible. Deploy staffing and equipment to POD locations as dictated by the on-going or developing situation. ESF – 13: Law Enforcement 1. Participate in regular training and exercises. 2. Participate in annual plan reviews. 3. Provide Security at Points of Distribution locations. EOP – ESF- 7 Annex Commodity Distribution Plan 8 Richmond County Sheriff’s Office 4. Provide traffic control at and near Points of Distribution locations. ESF – 15 External Affairs Agency Public Information Officers 1. Participate in regular training and exercises. 2. Participate in annual plan reviews. 3. Coordinate the release of public information related to the distribution of disaster commodities. VII. Site Layout Options A POD is divided into three areas: i. The supply line is where supply trucks, usually tractor trailers, have room to unload. This area also included staff care facilities including restroom facilities and rest tent. Having an informational bulletin board in the rest tent is a good way to keep your staff updated. ii. The loading line is where supplies are kept waiting on stacked pallets to be distributed to the public. This is also where loaders wait while vehicles move through the vehicle line. iii. The vehicle line is where the public drives through to get supplies. Entry into the vehicle occurs only when all vehicles have come to a complete stop and the Traffic Controller has instructed the staff to “LOAD”. When setting up the POD, there is a minimum space for each area: i. Vehicle Line: 20 ft. wide ii. Loading Point: 80 ft. by 40 ft. each iii. Supply Line: 50 ft. wide Traffic cones are used to guide cars through the POD site. For vehicles, cones should create a lane that is 12ft wide with cones no more than 20 ft. apart. For pedestrians, cones should create a lane that is 5 ft. wide with cones no more than 10 ft. apart. Pallets of commodities must be separated at each loading point. This allows for a more efficient loading and resupply of materials. By mixing pallets of commodities, loaders have to spend additional time sorting. The USACE has developed a typing standard for PODs. These types are Tier II resource typing definitions and, although accepted throughout most of the nation, are not yet nationally recognized. EOP – ESF- 7 Annex Commodity Distribution Plan 9 A. Type III: 3 loading points and 1 vehicle lane. The smallest of the PODs. A Type III POD serves 5,000 people a day based on one vehicle representing a household of 3 people. A Type III POD is 150 ft. by 300 ft. and requires a staff of 19 per day and 4 per night. POD Type III Layout LPLP LPLP LPLP Type III Distribution Point Manpower Equipment Type Day Night Type Number Lo c a l R e s p o n s i b i l i t y Team Leader 1 0 Forklifts 1 Forklift Operator 1 1 Pallet Jacks 1 Labor 14 2 Power Light Sets 1 Loading PT 9 Toilets 2 Back-up Loading PT 4 Tents 1 Pallet Jacks Labor 1 Dumpsters 1 Totals 16 3 Traffic Cones 10 Ot h e r s Law Enforcement 2 1 Two-way radios 0 Community Relations 1 0 Grand Total 19 4 EOP – ESF- 7 Annex Commodity Distribution Plan 10 B. Type II: 6 loading points and 2 vehicle lanes A Type II POD is twice the size of a Type III and serves 10,000 people a day based on one vehicle representing a household of 3 people. A Type II POD is 250 ft. by 300 ft. and requires a staff of 34 per day and 6 per night. POD Type II Layout LPLP LPLP LPLP LPLP LPLP LPLP Type II Distribution Point Manpower Equipment Type Day Night Type Number Lo c a l R e s p o n s i b i li t y Team Leader 1 0 Forklifts 2 Forklift Operator 1 2 Pallet Jacks 2 Labor 28 3 Power Light Sets 1 Loading PT 18 Toilets 4 Back-up Loading PT 9 Tents 2 Pallet Jacks Labor 1 Dumpsters 2 Totals 30 5 Traffic Cones 15 Ot h e r s Law Enforcement 2 1 Two-way radios 0 Community Relations 2 0 Grand Total 34 6 EOP – ESF- 7 Annex Commodity Distribution Plan 11 C. Type I: 12 loading points and 4 vehicle lanes The largest POD. A Type I POD serves 20,000 people a day based on one vehicle representing a household of 3 people. A Type I POD is 250 ft. by 500 ft. and requires a staff of 78 per day and 10 per night. Type I PODs are usually only used in large metropolitan areas. POD Type I Layout LPLPLPLPLPLP LPLPLPLPLPLP LPLPLPLPLPLP LPLPLPLPLPLP Type I Distribution Point Manpower Equipment Type Day Night Type Number Lo c a l R e s p o n s i b il i t y Manager 1 0 Forklifts 3 Team Leader 1 0 Pallet Jacks 3 Forklift Operator 2 3 Power Light Sets 2 Labor 57 4 Toilets 6 Loading PT 36 Tents 2 Back-up Loading PT 18 Dumpsters 4 Pallet Jacks Labor 3 Traffic Cones 30 Totals 70 9 Two-way radios 4 Ot h e r s Law Enforcement 4 1 Community Relations 4 0 Grand Total 78 10 EOP – ESF- 7 Annex Commodity Distribution Plan 12 VIII. Effective This plan is effective immediately upon the approval of by the Commission of Augusta, Georgia. Approved on this ____ day of _____________, 2020. ___________________________________ ___________________________________ Mayor Clerk of Commission ___________________________________ Emergency Management Director EOP – ESF- 7 Annex Commodity Distribution Plan 13 This page is intentionally left blank. Commission Meeting Agenda 7/21/2020 2:00 PM Approval Request - Disaster Awareness Plan for EMA Department:Fire Department:Fire Caption:Motion to approve the Disaster Awareness Plan and authorize the Mayor to sign the plan. Background:The Disaster Awareness Plan is an Annex to the Local Emergency Operations Plan. It is a requirement by GEMA. The Disaster Awareness Plan explains the procedure for notifying the community or a natural or man-made emergency in Richmond County. It outlines the responsibilities of the EMA Director and the Public Information Officer. It provides a schedule of non- emergency messaging for the community to encourage personal preparedness throughout the year. Analysis:This is a plan required by GEMA that has to be updated every 5 years Financial Impact:N/A Alternatives:None Recommendation:Approve the Disaster Awareness Plan and authorize the Mayor to sign the plan. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY:Cover Memo Cover Memo EOP – ESF-15 Annex Disaster Awareness Plan 1 AUGUSTA-RICHMOND COUNTY EMERGENCY OPERATIONS PLAN ESF-15 ANNEX DISASTER AWARENESS PLAN JANUARY 2020 EOP – ESF-15 Annex Disaster Awareness Plan 2 I. Introduction Emergency notifications may be started from multiple points, including direct notice from E9-1-1, first responders, city departments, or community partners. The need for clear, concise information about potential and impeding disasters is vital to protecting public safety and welfare of the community. Augusta-Richmond County is vulnerable to both natural and man-made hazards. It is therefore essential that the community is aware of the hazards they face and they have the skills and resources to manage emergencies when they occur. In an effort to improve public awareness and minimize the loss of life and property during periods of emergency, effective public education and communication campaigns will provide clear objectives and incorporate techniques to motivate the public to act before an emergency. This SOP has been prepared to be consistent with the Augusta-Richmond County Emergency Operations Plan (EOP). II. Purpose The purpose of this SOP is to identify the process for non-emergency messaging for education and preparedness for the Augusta community. It will also facilitate timely notification to the community and emergency partners of actual or potential threats or emergency events occurring in Augusta-Richmond County. The intent of this SOP is to provide a process to fully utilize existing communication capabilities and news media outlets to inform the public before, during, and after an emergency or disaster. III. Scope Augusta-Richmond County EMA provides informational materials and resources to keep the public informed on a variety of Emergency Preparedness topics ranging from hurricanes, severe storm and flood preparedness, tornado preparedness, self-sufficiency immediately after a disaster, pandemic flu preparedness, fire prevention and safety, injury prevention, hazardous materials awareness, and more. In addition, during specific emergency situations, Augusta-Richmond County EMA provides additional information to be made available to the public. IV. Authorities Augusta-Richmond County EMA is mandated by the State of Georgia to operate under the purview of the Augusta, GA board of Commissioners and is directly responsible for emergency operations, to include, warning services and necessary actions incidental to the preparations for an emergency. During daily operations, Augusta-Richmond County EMA has the responsibility to provide residents and businesses with information about what they can do to prepare for, respond to, and recover from disaster and emergencies in Augusta-Richmond County. Augusta-Richmond County EMA has developed and utilized a variety of tools and systems to assist with notifying and disseminating information to the public to include an outdoor warning siren system, Integrated EOP – ESF-15 Annex Disaster Awareness Plan 3 Public Alert & Warning System (IPAWS), NOAA all-hazard weather radios, media outlets, CodeRed emergency notification systems (email, phone, and text), Augusta, GA government website, and social media forums. If the scope of the disaster is large enough, Augusta-Richmond County EMA will act as the Lead Public Information Officer (PIO). V. Assumptions The public needs timely and accurate information regarding emergencies. Effective public education and communication campaigns seek clear objectives and incorporate techniques used to disseminate public information. Many disasters occur rapidly, hampering the ability of response organizations and local government to provide comprehensive information to everyone impacted at the time of onset. For this reason, there is a need for public education to prepare people for action in future warnings. Messages on TV and radio are effective; however, there must be an information stream of multiple communications through diverse media, such as websites and social media. The demand for information will be overwhelming if the scope of the disaster is large scale; there will undoubtedly be a need for a coordinated response to the media outlets. VI. Phases of Communication Emergency communication can be divided into four phases: 1. Preparedness: to inform residents about hazards the community may encounter and to educate them on steps that they can take to prepare for and/or mitigate their impacts. These are often sent out via email, website posting, and/or social media posting. They can also be provided through community presentations, annual family ready event, and speaking engagements with community partners and community organizations. The message should clearly explain three critical issues: the potential losses, the chances that the losses will take place, and how to minimize the losses. 2. Emergency Notification and Alerting: to inform individuals that an emergency condition exists that threats their health and safety, and to provide protective action recommendations. These are sent out across all platforms: phone call, text, email, social media posts, website posts, and press releases. In situations when the EOC is activated, the PIO and Augusta 3-1-1 will be activated to answer community questions. 3. Emergency Status Update: to provide updated information or instructions regarding and ongoing emergency situation. These may be sent out via email, phone call, and/or text depending on the type of emergency. In situations when the EOC is activated, the PIO and Augusta 3-1-1 will be activated to answer community questions. 4. All Clear/Recovery: to provide messages that the emergency has ended and next steps, if necessary. These messages may be sent by email, phone call, and/or text depending on the type of emergency. Messages for recovery will be distributed to the media through press release for further dissemination throughout the community. EOP – ESF-15 Annex Disaster Awareness Plan 4 VII. Implementation Augusta-Richmond County EMA reaches the public through a number of methods. These programs include programs targeted to specific audiences such as families, elderly, families with members with additional needs, businesses, and neighborhood watch groups. Additionally, there are general public campaigns, publications, and resources available that can be catered to any group. Television, newspaper, community public educators, and Augusta-Richmond County EMA staff all play a vital role in providing public awareness/information messages to the public. Augusta-Richmond County EMA will use technology based media to aid dissemination of public information including the Augusta, GA government website and emergency alert banners, text and email alerts, and social media sites. A proposed outline for Emergency Preparedness Education will be developed annually which will include a timetable for delivery of the various messages through the year. The timeline will include the message topic, distribution timeframe, target audience, and delivery method. Fact sheets, flyers, and other materials needed for delivery of various programs will be identified during the planning phase. Special consideration will be given to national and state observances of events such as Severe Weather Awareness Week and National Preparedness Month. Other topics will be implemented based on specific threats or seasons such as Fire Safety Week and Holiday Safety. VIII. Emergency Notification Systems The following systems are available for community notices and emergency notifications: • CodeRed (“Reverse 911”) o Mass email o Telephone call out o Text message o Hosted contact notification § EOC list, City Leadership List, LEPC List, CERT Volunteer List • Website o Alert bar on all pages o Emergency alert notification through email or text • Employee Hotline Information (emergencies only) • Press Releases • IPAWS (emergencies only) • Social Media o Facebook o Twitter IX. Responsibilities • Augusta Fire Chief/ EMA Director: The EMA Director serves as the primary advisor to the Board of Commissioners and the City Administrator and will make notifications as deemed necessary. The EOP – ESF-15 Annex Disaster Awareness Plan 5 Director also has signature authority and responsibility to issue and rescind requests for assistance through the County and GEMA. During times of crisis, the Director may serve as the lead spokesperson to the community and primary subject matter expert regarding the county’s emergency management plan. • The Augusta Fire/EMA PIO: The PIO is responsible for the organization and distribution of public information before, during, and after disasters or emergencies that affect Augusta-Richmond County. • Joint Information Center Lead PIO: If a disaster warrants the full activation of the EOC and a JIC, the Lead PIO will be determined by the nature of the disaster or emergency. The Augusta Fire/EMA PIO will assume the Lead PIO role unless otherwise determined at the time of the incident. X. Annual Outline for Educational Activities This outline will be reviewed and updated annually by Augusta-Richmond County EMA. The outline will encompass a variety of subjects and methods of delivery for appropriate education and informational messages. The annual outline is only a guide and can be updated and amended, as needed. • January o Target Audience § General public, senior citizens, businesses o Topics § Resolve to be prepared this year § Winter weather awareness § Winter weather safety tips o Distribution § Social media § Local media • February o Target Audience § General public, senior citizens, businesses, schools o Topics § Severe Weather Awareness Week topics and safety tips § Weather radios § Outdoor warning sirens locations and alert tones o Distribution § Social media § City website § Local media § School system • March o Target Audience § General public, homes in the special flood zones o Topics § Flood Safety EOP – ESF-15 Annex Disaster Awareness Plan 6 o Distribution § Social media § Flyers • June o Target Audience § General public, pet owners o Topics § Pet preparedness § Summer safety/extreme heat o Distribution § Social media § Local media § Animal Services adoption events • July o Target Audience § General public o Topics § Fireworks safety § Extreme heat o Distribution § Social media § Local media • September o Target Audience § General public, businesses, schools, healthcare facilities o Topics § National Preparedness Month Initiative o Distribution § Social media § Local media § School system § Healthcare Coalition § LEPC • October o Target Audience § General public, schools, senior citizens o Topics § Fire Safety/Prevention Week § Earthquake drill o Distribution § Social media § Local media EOP – ESF-15 Annex Disaster Awareness Plan 7 § School system • November o Target Audience § General public o Topics § Cooking/frying safety § Holiday safety o Distribution § Social media § Local media • December o Target Audience § General public, senior citizens o Topics § Holiday safety § Winter safety o Distribution § Social media § Local media XI. SOP Management and Maintenance Augusta-Richmond County EMA is the executive agent for Annex management and maintenance. This SOP will be updated periodically as required to incorporate new directives and changes based on lessons learned from exercises and actual events. This section establishes procedures for interim changes and full updates of the SOP. No proposed change should contradict or override authorities or other plans contained in statute, order, or regulation. Changes include additions of new or supplementary material and deletions. Any department or agency with assigned responsibilities within the EOP Annexes may propose a change to the plan. Augusta-Richmond County EMA is responsible for coordinating all proposed modifications to the SOP with primary or support agencies and other stakeholders, as required. Augusta-Richmond County EMA will coordinate review and approval for proposed modifications as required. After coordination has been accomplished, including receipt of the necessary signed approval supporting the final change language, Augusta-Richmond County EMA will issue an official Notice of Change. The notice will specify the date, page number, subject, purpose, background, and action required, and provide the change language on one of more numbered and dated insert pages that will replace the modified pages in the EOP. Once published, the modifications will be considered part of the EOP for operational purposes pending a formal revision and re-issuance of the entire document. Interim changes can be further modified and updated using the above process. EOP – ESF-15 Annex Disaster Awareness Plan 8 Augusta-Richmond County EMA will distribute the SOP to all participating agencies. Any Notice of Change will be updated with all participating agencies. Augusta-Richmond County EMA is responsible for an annual review and update of the EOP and a complete revision every four years. The review and update will consider lessons learned and best practices identified during exercises and responses to actual events. XII. Effective Approved on this ______ day of ______________________, 20_____. _______________________________ ______________________________ Mayor Clerk of Commission _______________________________ Emergency Management Director Commission Meeting Agenda 7/21/2020 2:00 PM Chatham County Payment to Richmond County for Shelter Activities Related to 2019 Hurricane Dorian Department:Fire Department:Fire Caption:Motion to accept payment from Chatham County for the Richmond County shelter activities related to 2019 Hurricane Dorian. Authorize Finance to distribute checks to the Richmond County Health District and Richmond County School System. The remaining amounts will be allocated to Animal Services, Augusta Transit, and Richmond County Sheriff’s Office. Background:Augusta supported Chatham County evacuations by sheltering almost 2,000 bussed evacuees in Richmond County schools. This payment is reimbursement for staff time and expenses incurred during the shelter operations. Analysis:This is a partial payment. The Richmond County School System and Richmond County Health District have to provide additional documentation to Chatham County. All requests by Augusta government departments were fully reimbursed. Financial Impact:Total Paid Richmond County School System 273,677.24 Augusta Animal Services 1,607.34 Augusta Transit 408.11 Sheriff's Office 45,377.64 Richmond County Health District 112,476.91 433,547.24 Alternatives:None Recommendation:Approve the motion to accept payment from Chatham County for the Richmond County shelter activities related to 2019 Hurricane Dorian. Authorize Finance to distribute checks to the Richmond County Health District and Richmond County School System and disperse the remaining amounts to Animal Services, Augusta Transit, and Richmond County Sheriff’s Office.Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Funding Rollover Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:The Richmond County Sheriff's Office is requesting the re- purpose funds from cash match that remains in fund 220 to the 2020 budget account. Background:The Richmond County Sheriff's Office received funds from the firearms sales . Funding was available to provide match funding . However, the funding source was not used since the project didn't meet RCSO needs. Analysis:The Sheriff's Office is requesting funds from 220 fund to move to our 2020 budget account 273032110-5311110. Funding will be used to provide supplies and renovations for evidence storage space and a counseling center. Financial Impact:The Sheriff's Office is requesting $48,750.00 from account 220 fund moved to account 273032110-5311110. Alternatives:None Recommendation:To re-purpose these funds to another account. Funds are Available in the Following Accounts: Funding is available in account 220 fund balance. Since the cash match for the proposed project is no longer needed, this action simple returns those funds to its origin. dbw REVIEWED AND APPROVED BY: Cover Memo Cover Memo s8-a *as 1 Sale of Forfeited/Abandoned Firearms - 2018 Account Amount 273032tLO-5376270 273031310-5316210 273031310-5311110 273032110-s311915 2730325Lr-53762rO 273032ILO-542221O 27303t4L0-53t62!O 273032LtO-5371975 Tota I 2730325L1-53I1,4LO S 12,800.00 STAB resistance vest (CBWDC) 273031410-s+191eg5Tt=rSo S 28,350.00 BailisticshootHouse S 50,000.00 Cash Match- Generator S 42,000.00 patrol Rifles S 21,4oo.oo Narcan s $,000.00 Evidence ManaSement systemS 53,ooo.oo rasers S 30,000.00 Truck (properrty/Evidence) S 22,29o.o0 Night Vision weapon S SeO.OO Computer Hardware Supplies S 27s,4oo.oo 8qa*."*/ a*ro u\ A{&_..- Commission Meeting Agenda 7/21/2020 2:00 PM Marshal's Dept. Code Enforcement Division Department: Department: Caption:Discuss duties and responsibilities as it relates to the ARC Code Enforcement illegal dumping/litter Division placed under the Marshal's Department. (Requested by Commissioner Marion Williams) Background:February 1997 the Augusta Commission established a Code Enforcement Division and placed it under the Marshal's Department to enforce Richmond County litter/illegal dumping ordinance. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Motion to approve the award of Bid Item #20-182 to Weinberger's Business Interiors for the 911 Additions and Renovations Furniture Project Department:911 Department:911 Caption:Motion to approve the award of Bid Item #20-182 to Weinberger's Business Interiors for the 911 Additions and Renovations Furniture Project in the amount of $27,557.28. Background:The 911 Emergency Services Department, through the Augusta Procurement Department bid process, requested bids for office furniture as part of the 911 Additions and Renovations project. With the renovations providing new office space and training room expansions, office furniture is needed for staff to occupy the new spaces. Analysis:The 911 Emergency Services Department recommends the award of Bid Item #20-182 to Weinberger's Business Interiors, as they were the lowest responsive bidder to the bid item. Financial Impact:The total price for the office furniture and fixtures is $27,557.28. Funding for this project is available in 911 Fund Balance. Alternatives:N/A Recommendation:Approve the award of Bid Item #20-182 to Weinberger's Business Interiors. Funds are Available in the Following Accounts: Funds are available in 911 Fund Balance and this purchase is an allowable expenditure for 911 Fund Balance purposes. REVIEWED AND APPROVED BY: Cover Memo Cover Memo Invitation to Bid Sealed bids will be received at this office until Friday, March 27, 2020 @ 11:00 a.m. for furnishing for: Bid Item #20-182 911 Additions and Renovations Furniture Project – for Augusta, Georgia – 911 Dispatch Department Commodity Code: 011-420-00, 011-425-00 Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, March 13, 2020 @ 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 February 13, 20, 27, March 5, 12, 2020 Metro Courier February 13, 2020 OFFICIAL Page 1 of 1 Vendors Attachment "B" E-Verify SAVE Form Addendums 1-2 1. Bookshelf (2)243.02 $486.04 $383.25 $766.50 2. Nesting Chair (40)259.6 $10,384.00 $267.44 $10,697.60 3. Chair, Side (12)397.72 $4,772.64 $226.19 $2,714.28 4. Couch (1)1015.48 $1,015.48 $697.95 $697.95 5. BL-Shaped Desk (2)669.51 $1,339.02 $972.02 $1,944.04 6. U-Shaped Desk (1)1599.22 $1,599.22 $1,675.70 $1,675.70 7. File Cabinet (3)732.52 $2,197.56 $769.15 $2,307.45 8. Podium (1)475.48 $475.48 $227.65 $227.65 9. Recliner (2)1052.8 $2,105.60 $546.25*2 (51.25 Freight) $546.25 $1,092.50 10. Table (10)781.36 $7,813.60 $345.81 $3,458.10 11. Table (4)834.64 $3,338.56 $393.94 $1,575.76 12. Table, Side (2)196.96 $393.92 $106.53 $213.06 13. Table, Small Conference (1)147.71 $147.71 $186.69 $186.69 Grand Total Projected Delivery Exceptions *Exceptions Noted Modern Business Furniture 1445 Greene Street Augusta, GA 30901 Weinbergers Business Interiors 3023 Riverwatch Pkwy., Suite G Augusta, GA 30907 Yes 139296 Yes Yes 296310 Yes Bid Item #20-182 911 Additions and Renovations Furniture Project for Augusta, GA - 911 Dispatch Bid Date: Friday, March 27, 2020 @ 11:00 a.m. via ZOOM YesYes 8 weeks 3 weeks $27,557.28$36,068.83 Total Number Specifications Mailed Out: 13Total Number Specifications Download (Demandstar): 6 Total Number Vendors Notified (Demandstar): 19 Georgia Procuement Registry: 22 Total Packages Submitted: 2 Total Noncompliant: 2 Commission Meeting Agenda 7/21/2020 2:00 PM Budget Adjustments Department:Finance Department:Finance Caption: Approve budget adjustments for departments that exceeded 2019 expenditure budgets. Background:As part of the year end process, expenditure budgets are reviewed and if additional funds are needed requests for adjustments are brought to the commission for approval. Analysis:Three departments exceeded their 2019 expenditure budgets. The departments are Probate Court, Juvenile Court and the Law Library. The attached sheets contain descriptions of the areas of overage. Financial Impact:Funding for Probate Court and Juvenile court would be allocated from 2019 General Fund contingency. Funding for Law Library would be allocated by that fund's fund balance. Alternatives:Deny request, require corrective action plan to be prepared and submitted with Georgia Department of Accounts and Audits. Recommendation:approve additional funding Funds are Available in the Following Accounts: 101-10-1110/6011110 - $$74,690 206-00-0000/1342210 - $18,850 REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo 2019 Budget Overages Org Key Department Budget Actuals Amount Percent Explanation 101021810 Probate Court 840,150 851,961 11,811 101.41%Judge Harry James received an increase of $21,277.88 late in the 3rd quarter. 101022110 Juvenile Court 1,131,270 1,194,137 62,867 105.56%Contract Labor and Special Instructional Services are both over budget 206 Law Library Fund 130,000 148,848 18,848 114.50%They do not bring in enough revenue to cover their expenditures Commission Meeting Agenda 7/21/2020 2:00 PM Motion to Approve Funding Source for COVID19 Expenses Department:Finance Department:Finance Caption:Motion to approve funding source for COVID19 expenses. Background:Augusta has incurred unbudgeted encumbrances or expenditures for supplies thus far in 2020 of approximately $600,000. Since there is not a designated pool of funding for these costs, they are currently being borne by individual departmental budgets. These items include PPE, cleaning supplies and modification to counters and work areas with protective shields. Analysis:As we move further into the fiscal year, these unbudgeted expenditures have absorbed funding intended for other normal departmental operations. This will create a strain on departmental operating budgets. Although $4.1 billion was allocated to the State of Georgia under the CARES Act earlier in the year, local governments with populations less than 500,000 received no allotment. On June 29,2020 Governor Kemp announced allocations will be made to all other local government entities. Phase One allows 30% of the distribution. The details relating to the application for reimbursement have not yet been released. Financial Impact:Augusta is now certain that qualifying expenditures related to our response to COVID19 are eligible for reimbursement through the CARES Act. Prior to this, some expenditures were deemed partially reimbursable under Category B thru FEMA. When the procedure to apply for reimbursement is released, Augusta should apply to recover eligible expenses under the CARES Act. Alternatives:do not seek reimbursement - which is not financially advised Recommendation: Cover Memo 1. Remove current eligible expenditures from individual departmental budgets. 2. Consolidate them into one account. 3. Set up the expense budget and the reimbursement revenue budget in the amount of $850,000. This would handle current expenses and provide $250,000 for future needs. 4. All subsequent charges against this budget would require that a)the proposed expense meets the qualifications for reimbursement and b)it is approved by the Administrator or his designee as such. 5. As guidelines are issued by state, amend for qualifying haz pay expenses. Funds are Available in the Following Accounts: Expense budget of $850,000 Revenue (reimbursement) budget of $850,000 REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM URA - Laney Walker/Bethlehem Bonds Series 2020 Department:Finance Department:Finance Caption: Approve developing a resolution authorizing execution of intergovernmental agreement (IGA) with the Urban Redevelopment Agency (URA) to refinance the Laney Walker Bethlehem Bonds Series 2015. Background:In 2008 the commission authorized the Laney Walker – Bethlehem redevelopment project. The funding for the project comes from a portion of the tourism fee. To increase the effectiveness of the program, the commission approved the issuance of an initial bond in the amount of $8 million. The methodology of having the bonds become due in 5 years allows for an infusion of cash when bonds are refinanced. This approach has proven successful, this will be the third time bonds will be issued The URA issued bonds in 2015 for the Laney Walker Bethlehem urban redevelopment project. These Bonds are due on October 1, 2020, it is necessary for Augusta to draft and enter into an IGA with the URA to issue new bonds. The new bonds will retire the current bonds and provide approximately 1.2 million of additional funding for the program Analysis:Issuance of bonds will satisfy the debt obligation due October 1, 2020 and allows the redevelopment of the Laney Walker Bethlehem area to continue. Financial Impact:The balance of the series 2015 bonds ($10,390,000) is due on October 1, 2020. Issuance of new bonds is necessary to pay the bonds in full. Alternatives:No practical alternatives. Recommendation:approve Cover Memo Funds are Available in the Following Accounts: Fund 950 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Courtney E. Rogers Member NYSE | FINRA | SIPC Page 1 MEMORANDUM To Donna Williams Tim Schroer From Courtney Rogers, Senior Vice President, Davenport & Company LLC Doug Gebhardt, Vice President, Davenport & Company LLC Date July 21, 2020 Subject Upcoming Bond Issuances The Series 2015 Laney-Walker and Bethlehem Bonds Davenport & Company LLC (“Davenport”) in our capacity as Financial Advisor to Augusta, is providing an update on the Series 2015 Laney-Walker and Bethlehem Bond issue which will mature on October 1, 2020. Without a plan to refinance this bond issue, Augusta will have to come up with $10,390,000 to pay it off. This memo outlines a plan for the refinancing of this Series 2015 Bonds. Bonds for the Laney-Walker/Bethlehem project were first issued in 2010 by the Urban Redevelopment Agency (URA) of Augusta, backed by an Intergovernmental Agreement with Augusta to begin implementing a comprehensive plan to rehabilitate two historic neighborhoods, Laney-Walker and Bethlehem. The debt service on the outstanding bonds comes from an “earmarked” portion of the tourism enhancement fee going to the project. The initial bond issue was for $8,000,000, with the bonds being structured so that additional funds would be infused into the project via refunding (refinancing) the outstanding bonds every five years. The plan was designed to have principal payments in years one through four calculated assuming a 25 year amortization with the corpus due in year five. At the refinancing date the principal paid during the first four years of the refinancing would be pulled back out and returned to the project similar to taking equity out in a home refinancing. Series 2010 Bonds Debt Service Schedule Year Principal Interest Total 2010 $0 $59,373 $59,373 2011 315,000 232,328 247,328 2012 320,000 228,501 548,501 2013 325,000 223,304 548,304 2014 330,000 216,541 546,541 2015 6,710,000 208,010 6,918,010 Total $8,000,000 $1,168,055 $9,168,055 Senior Vice President Public Finance Cumberland Riverwood 3350 Riverwood Parkway Suite 1900 Atlanta, Georgia 30339 (804) 697-2902 crogers@investdavenport.com Member NYSE | FINRA | SIPC Page 2 The plan was to issue this structure five times (2015, 2020, 2025, 2030 and 2033) with 4 years of level debt service payments followed by a fifth year equal to the balance due (except in 2033 which is two years shorter). Due to implementation of the plan that occurred faster than anticipated, the project was to run out of funding in 2014. However to avoid interruption and possibly the loss of the strides that had been made, Augusta made a $2.5 million loan from the Urban Services Fund to the URA to continue the project evidenced by a note which coincided with the bullet maturity of the Series 2010 Bonds (the “Series 2014 Note”). While this loan allowed the project to continue, it increased the amount that would need to be paid off or refinanced. In September 2015, Augusta refinanced the Series 2010 Bonds, the Series 2014 Note and also added $2,565,000 of new money. The total principal amount for the Series 2015 Bonds, which is made up of the combination of the aforementioned 3 components, is $11.84 million. Thus, ten years after the original $8 million borrowing, there is $11.84 million remaining to be paid back. Under the original plan only $2.74 million would have been added to the corpus before the 2020 issue. Instead, over $5 million was added to the corpus (2014 Note and amount borrowed in 2015). The 2015 payment schedule is shown below: Series 2015 Bonds Debt Service Schedule Year Principal Interest Total 2016 $355,000 $225,733 $580,733 2017 360,000 222,800 582,800 2018 365,000 219,200 584,200 2019 370,000 214,090 584,090 2020 10,390,000 207,800 10,597,800 Total $11,840,000 $1,089,623 $12,929,623 We are now quickly approaching the final maturity date, October 1, 2020 of the 2015 Bonds. Without using General Fund balance, there are no funds available to pay this bond off in full. Therefore, at a minimum, a refinancing of the $10.390 million due on October 1, 2020 must occur. The debt service payments come from an “earmarked” portion of the tourism enhancement fee going to the project. When implemented, the tourism enhancement fee was expected to be in effect for approximately fifty years and allow for five refinancings generating a total of approximately $1.5 million dollars of new funding each refinancing cycle or approximately a total of $16.5 million dollars for the project. Based on the initial structuring, the project has received approximately $5 million additional dollars to date higher than scheduled. The project currently receives an allocation of $750,000 per year. Initially, approximately $550,000 was used for debt service with balance ($200,000) being used for “pay go” projects within the area. For the 2015 Bonds the amount needed for debt service grew to nearly $600,000 reducing the amount for “pay go” projects to approximately $150,000. While more of the tourism enhancement fee could be used for debt financing, retaining a portion of the funding for pay go projects is important as it retains flexibility needed by Housing & Community Development in implementing the plan. Further, due to the COVID-19 pandemic, Tourism Fee funds are expected to be impacted which could mean Augusta has to look for additional dollars for debt service. Projecting for the Series 2020 Bonds it appears we will be able to pull out approximately $1.45 million and have debt service just below $600,000 per year as shown below. Member NYSE | FINRA | SIPC Page 3 ESTIMATED Series 2020 Bonds Debt Service Schedule Year Principal Interest Total 2021 $380,000 $216,475 $596,475 2022 390.000 209,825 599,825 2023 395,000 203,000 598,000 2024 400,000 196,088 596,088 2025 10,805,000 189,088 10,994,088 Total 12,379,000 1,014,475 13,384,475 Depending upon interest rates, we have estimated $1.5 million could be pulled out in 2025 and 2030. In 2033 none would be pulled out. This would put the total funded for the project at $17,210,000. $12,745,000 funded to date ($7,680,000 from the initial bond and $5,065,000 from 2015 issue) plus projected future draws of $4,465,000. As of 2033 there would be 25 years remaining in the program. Using a planning rate of 4% and an estimated corpus of $11,125,000 it would take approximately $715,000 per year of the $750,000 allocation for amortized debt service leaving very little “pay-go” for the project during this period. We are looking for the Commission to approve this plan of refinancing the Series 2015 Bonds with a Series 2020 Bond that would provide the project with some additional project funds as originally planned on July 21, 2020. Subsequent to this approval the URA will need to meet to approve bond parameters to allow for the Validation hearings to be set. We are looking to set the interest rates after Validation in early to mid-September with closing to follow prior to October 1, 2020, the maturity date of the Series 2015 Bonds. The Series 2010 Coliseum and TEE Center Bonds As Financial Advisor we continuously monitor Augusta’s debt portfolio for potential refunding opportunities. The Tax Cuts and Jobs Act of 2017 eliminated the ability of Augusta to Advance Refunding existing debt (i.e. more than 90 days from the redemption date) with tax-exempt bonds. Therefore, in order for Augusta to refinance its existing debt with tax-exempt bonds, we have to wait until 90 days prior to the redemption date. At this time, Davenport has identified the Series 2010 Coliseum and TEE Center Bonds, issued by the Coliseum Authority, as a potential refunding candidate for debt service savings. By way of background, the Series 2010 Bonds were originally issued as Tax-Exempt Bonds in the par amount of $22,120,000 which produced $24,000,000 of proceeds for projects. The proceeds were allocated $5,000,000 for the Augusta Entertainment Center Complex (James Brown Arena and William B. Bell Auditorium) and $19,000,000 for the Augusta Trade, Exhibition and Event Center (TEE Center). Currently there is $14,355,000 remaining outstanding with interest rates ranging from 4% to 5%. There are ten years remaining on the bonds and they are prepayable starting on October 1, 2020. When Bonds are issued with a tax-exempt status as the Series 2010 Bonds were, there are certain Private Activity Use restrictions that must be followed. However, based upon conversation(s) with Staff, this has proved to be increasingly difficult. In order to remove these restrictions and allow the projects to operate freely, without concern for tax-exempt rules, the bonds could be refinanced partially using taxable bonds. Davenport, Staff and Legal Counsel will perform a tax-analysis and determine exactly how much, if any, of the bonds may be refinanced with tax-exempt bonds while the remaining amount issued as taxable bonds. Using conservative interest rates, refinancing these bonds could produce over $1.5 million in budgetary savings over the ten Member NYSE | FINRA | SIPC Page 4 remaining years of the bonds. Since the debt service for this bond issuance is paid for from the Hotel / Motel Tax this could be very helpful. Unlike the URA refinancing, the Coliseum refinancing does not have to be closed by October 1, 2020. However, we believe there are some economies of scale while we are working through the URA refinancing and we would like to get permission to move forward with this refinancing for savings purposes to be on a schedule following just behind the URA refinancing. Next Steps In summary, Davenport, Staff and Bond Counsel will be asking the Commission permission to move forward and take action to approve an intergovernmental on both the URA Series 2015 Refinancing and Coliseum Authority Series 2010 Refinancing transactions. . URBAN REDEVELOPMENT AGENCY OF AUGUSTA BONDS LANEY WALKER / BETHLEHEM PROJECT (Tentative Funding Calendar) July 21, 2020 - Commission meeting to authorize moving forward with refinancing Laney Walker/Bethlehem bonds and preparing Intergovernmental Agreement (IGA) between Augusta and the Urban Redevelopment Agency of Augusta (URA) August 4 or 5, 2020 – URA meeting to adopt parameters resolution, approval IGA, authorization to move forward with validation August 18, 2020 – Commission approves IGA, authorizes Augusta officials to sign necessary documents September 15, 2020 – Bond sale, URA meeting to approval sale, report to Commission (and any additional approvals, if needed) September 24, 2020 – bond closing October 1, 2020 – existing bonds satisfied Commission Meeting Agenda 7/21/2020 2:00 PM 13th Street Improvements Project Department:Engineering Department:Engineering Caption: Approve supplemental funding (SA1) for Engineering Phases of Design Consultant Services Agreement to Goodwyne, Mills & Cawood (GMC) in the amount of $135,000.00 for the 13th Street Improvements Project as requested by the AED. RFP 18- 258. Background:The 13th Street Improvements is a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. The 13th Street is a Band 3 project. The project improvements consist of improving roadway safety by resurfacing, reconstructing the existing curb and gutter, replacing sidewalks and improving the storm water system. The project will improve traffic safety at intersections with new high visibility crosswalks. New street landscaping will be provided, where possible, to enhance pedestrian use and improvement of roadway aesthetics. In April 2019, commission approved award of design phase of the project to GMC. The roadway design is in progress and supplement services are warranted for Third Level Canal Bridge assessment and restoration, including auxiliary efforts. Ongoing design services does not include bridge associated work. Analysis:On April 5, 2019 commission approved to move the project from preliminary initial concept to design. The project is in design phase and associated field assessment revealed the bridge over Third Level Canal needed repair and restoration. The purpose of this supplement is to complete bridge related investigations and prepare repair and restoration design and construction plans. Financial Impact:Project TIA Funds. Alternatives: Cover Memo 1). Do not approve and find alternative to complete the project and meet TIA project completion schedule. Recommendation:Approve supplemental funding (SA1) for Engineering Phases of Design Consultant Services Agreement to Goodwyne, Mills & Cawood (GMC) in the amount of $135,000.00 for the 13th Street Improvements Project as requested by the AED. Funds are Available in the Following Accounts: Project TIA Funds: 371-041110-T15041223-5212115 REVIEWED AND APPROVED BY: Cover Memo (SA1 – For changes greater than $25,000) June 2020 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T15041223 GDOT Number (s): RC07-001223 PI 0011424 Supplemental Agreement Number: 1 Purchase Order Number: 19ENG753 WHEREAS, We, Goodwyne, Mills & Cawood (GMC). Consultant, entered into a contract with Augusta-Richmond County on July 31, 2012 for engineering design services associated with the improvements to 13th Street Improvements. Project RC07-001223, PI 0011424, File Reference No. 20-014 (T), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional Engineering Services are warranted for the Third Level Canal Bridge assessment and restoration, including auxiliary efforts. It is agreed that as a result of the above described modifications the contract amount is increased by $136,960.00 from $279,000.88 to a new total of $415,960.88 Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Goodwyne, Mills & Cawood (GMC). Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned item, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY Goodwyne, Mills & Cawood (GMC). AUGUSTA, GEORGIA Hardie Davis, Mayor Approved Date: Approved: Date: [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#371-041110-T15041223 This request is for Supplemental Agreement Number One to Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Design 280,000$ TIA Funds 136,960$ 416,960$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET CPB#371-041110-T15041223 13th Street Improvements (RFP #18-258) Goodwyne, Mills & Cawood (GMC) in the amount $136,900.00 Funding is available in the TIA project budget: 7/1/2020 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#371-041110-T15041223 13th Street Improvements (RFP #18-258) CPB AMOUNT New SOURCE OF FUNDS CPB CPB TIA Project 371-041110/5212115-T15041223 ($280,000) ($136,960) ($416,960) TOTAL SOURCES: ($280,000) ($136,960) ($416,960) USE OF FUNDS ENGINEERING 371-041110-5414210/T15041223 $280,000 $136,960 $416,960 TOTAL USES: $280,000 $136,960 $416,960 7/1/2020 Commission Meeting Agenda 7/21/2020 2:00 PM Adoption of Letter of Map Revision (LOMR) 19-04-6697P Department:Planning and Development Department:Planning and Development Caption: Adoption of the Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) as revised by Letter of Map Revision (LOMR) 19-04-6697P, effective October 30, 2020. Background:A Letter of Map Revision (LOMR) is FEMA’s modification of a Flood Insurance Rate Map (FIRM). A LOMR officially revises the FIRM and the Flood Insurance Study (FIS) and the flood hazard updates shown within the LOMR are then used to rate flood insurance policies and enforce flood insurance and development requirements from the effective date of the LOMR going forward. The City must adopt all Letter of Map Revisions approved by FEMA as part of staying in compliance with the National Flood Insurance Program (NFIP). .In August of 2019, Dewberry, the mapping contractor for the State of Georgia, and on behalf of the Georgia Department of Natural Resources (DNR), prepared a LOMR based on a more detailed flood study (hydraulic analysis, and regulatory floodway revision) of RaesCreek generally located between Chelsea Drive and ScottsWay; specifically located, from approximately 1155 feet downstream of the confluence with Crane Creek to 700 feet upstream of Scotts Way. Analysis:The study resulted in the following revisions: The floodway shall widen and narrow, the 1% annual chance water-surface elevations shall increase and decrease, and the 1% annual chance floodplain shall widen and narrow within the area of revision. All property owners affected were notified of the revisions by a legal notice published in the Richmond County Neighbors section of the Augusta Chronicle on 4/30/2020 and proof of the notice has been provided to the Planning and Development Department by sworn affidavit from the Augusta Chronicle. Financial Impact: Cover Memo The financial impact to the City of Augusta is minimal and involves staff time to incorporate digital data into Augusta’s GIS that reflect the revisions to the FIRM. Alternatives:If the Letter of Map Revision (LOMR) is not adopted, the City will fall out of compliance with the National Flood Insurance Program (NFIP) minimum standards. Sanctions and/or suspension are options that could be exercised by FEMA, resulting in property owners City-wide not having the ability to purchase federally-backed flood insurance Recommendation:Adoption of the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) as revised by Letter of Map Revision (LOMR) 19-04-6697P, Effective October 30, 2020. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Alternate Water Feed to Downtown Augusta - Construction Department:Utilities Department:Utilities Caption:Consider Award of Bid #20-181 for the Construction of the Alternate Water Feed to Downtown Augusta Project to Legacy Water Group, LLC in the Amount of $4,421,762.75. Background:The downtown area is provided water primarily through a 24- inch cast iron pipe in Wrightsboro Road, segments of which are over 100 years old. This project will provide an alternative water feed to downtown via 11,275 linear feet of new 24-inch ductile iron pipeline. Said pipeline is routed from the Highland Ave Water Treatment Plant to Heard Ave. Analysis:Cranston Engineering Group and Augusta Utilities Department have reviewed the bid submitted by Legacy Water Group, LLC. The bid for construction services was deemed to be fair and reasonable by Augusta Utilities Department. Financial Impact:We have reviewed the bid from Legacy Water Group, LLC and found it to be reasonable and fair. Funding in the amount of $4,421,762.75 is available from accounts: 507043410-5425110 / 81500110-5425110. Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the Construction Services to Legacy Water Group, LLC in the amount of $4,421,762.75 for the Alternate Water Feed to Downtown Augusta Project. Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043410- 5425110 / 81500110-5425110 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ALTERNATE WATER FEED TO DOWNTOWN AUGUSTA (AUD #UB-2015-038) AUGUSTA, GEORGIA Prepared for Augusta Utilities Department 452 WALKER STREET, SUITE 200 AUGUSTA, GA 30901 October 2019 Prepared by 2015-0309 DR A F T Revised: October 2019 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ALTERNATE WATER FEED TO DOWNTOWN AUGUSTA (AUD #UB-2015-038) Augusta, Georgia The Honorable Hardie Davis, Jr. Commissioners: William Fennoy Dennis Williams Mary Davis Sammie Sias Bobby Williams Ben Hasan Sean Frantom Brandon Garrett Marion Williams John Clarke Tom D. Wiedmeier Director, Augusta Utilities Department Augusta Utilities Department 452 Walker Street, Suite 200 Augusta, GA 30901 DATE: October 21, 2017 DR A F T Revised: October 2019 CONTENTS SECTION TITLE # OF PAGES I Invitation to Bid 1 IB Instructions to Bidders 2 P Proposal 4 A Agreement 3 NA Notice of Award 1 NP Notice to Proceed 1 CO Change Order 1 BB Bid Bonds 2 PB Performance and Payment Bonds 5 GC General Conditions 56 SC Supplementary General Conditions 12 Standard and Technical Specifications: Section 02055 Soils- Structural Section 02060 Aggregate Section 02116 Graded Aggregate Base Course Section 02200 Grading Section 02221 Selective Demolition Section 02230 Clearing & Grubbing Section 02324 Trenching Section 02374 Erosion Control Devices Section 02512 Site Water Distribution Section 02516 Disinfection of Water Distribution Section 02740 Flexible Pavement Structures Section 02750 Concrete Construction Section 02760 Flowable Fill Material Section 02822 Fence Removal and Replacement Section 02924 Grassing and Mulching Section AUD Measurement and Payment 3 2 1 5 2 2 6 2 9 5 3 3 2 3 4 11 DR A F T Revised: October 2019 IB-1 SECTION IB INSTRUCTIONS TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the conformation of the ground; the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work; the general and local conditions; and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the OWNER, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Procurement; Procurement Department; 535 Telfair Street, Suite 605; Augusta, GA 30901 and to be given consideration must be received at least ten days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. DR A F T Revised: October 2019 IB-2 IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the CONTRACTOR to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The OWNER may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The OWNER reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the OWNER. DR A F T P-1 Revised: December 2019 _____________________________________________________________________SECTION P PROPOSAL Date:_______________________ Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and material, and perform all work for the project referred to herein as: ALTERNATE WATER FEED TO DOWNTOWN AUGUSTA AUD PROJECT NUMBER UB-2015-038 In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: ____________________________________________________________________________________________ And ___________/100 Dollars (_____________________). The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide the bond or guarantees required by the contract documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work in accordance with required contract performance dates based upon a written notice to proceed per each qualified task order. The undersigned hereby also agrees that the work will be completed within a time frame reasonable to accomplish the work, or that which has been mutually agreed upon by the Augusta Utilities Department, based on the scope for work for the task order as assigned. The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date ____________________________ ____________________________ ____________________________ Enclosed is a bid guarantee consisting of ____________________________________________________in the Amount of ___________________________________________________________________________. Respectfully Submitted, _________________________ Firm _________________________ Address By: ______________________ TITLE: __________________ DR A F T P-2 Revised: December 2019 ALTERNATE WATER FEED TO DOWNTOWN - Bid Schedule PAY ITEM DESCRIPTION QUANTITY UNIT MEASURE UNIT COST ($) BASE BID W-1 24" DIP WATER MAIN CLASS 300, STP JOINT 6,690 LF $_________$_____________ W-2 24" DIP WATER MAIN CLASS 300 RESTRAINED JOINT 4,266 LF $_________ $_____________ W-3 JACK AND BORE - 36" STEEL CASING PIPE 0.500" THICK WITH 24" RESTRAINED JOINT DUCTILE IRON CARRIER PIPE AND 24" X 36" END CAP SEALS 320 LF $_________ $_____________ W-4(A) PIPE FITTINGS AND CONNECTIONS - 24" 45 DEGREE BEND 22 EA $_________ $_____________ W-4(B) PIPE FITTINGS AND CONNECTIONS - 24" 22.5 DEGREE BEND 13 EA $_________ $_____________ W-4(C) PIPE FITTINGS AND CONNECTIONS - 24" 11.25 DEGREE BEND 6 EA $_________ $_____________ W-4(D) PIPE FITTINGS AND CONNECTIONS - 24" 5.625 DEGREE BEND 6 EA $_________ $_____________ W-4(E) PIPE FITTINGS AND CONNECTIONS - 24" 90 DEGREE BEND - AS APPROVED 2 EA $_________ $_____________ W-4(F) PIPE FITTINGS AND CONNECTIONS - 24" TO 6" TEE 5 EA $_________ $_____________ W-5(A) FIRE HYDRANT ASSEMBLY COMPLETE (EXCLUDE TEE) 4 EA $_________ $_____________ W-5(B) FIRE HYDRANT ASSEMBLY COMPLETE (EXCLUDE TEE, STA:121+84) 1 EA $_________ $_____________ W-8 24" BUTTERFLY VALVE, INSTALL COMPLETE 3 EA $_________ $_____________ W-9 2" COMBINATION AIR RELEASE VALVES, INSTALL COMPLETE 3 EA $_________ $_____________ W- 10(A) 30"X24" TAPPING SLEEVE AND 24" GATE VALVE 1 EA $_________ $_____________ W- 10(B) 24"X24" TAPPING SLEEVE AND 24" GATE VALVE 1 EA $_________ $_____________ W-15 POLYETHYLENE WRAP FOR DIP WATER MAIN 2,285 LF $_________ $_____________ W-16 TIE IN TO EXISTING LINE 2 EA $_________ $_____________ W-17 MISCELLANEOUS CLASS A CONCRETE 50 CY $_________ $_____________ DR A F T P-3 Revised: December 2019 W-21 FLOW METER AND BUTTERFLY VALVE WITH VAULT, INSTALL COMPLETE 1 EA $_________ $_____________ P-1 ASPHALT OVERLAY 3,142 SY $_________ $_____________ P-2(A) STANDARD ASPHALT REPLACEMENT 11,787 SY $_________ $_____________ P-2(B) LIGHT DUTY REPLACEMENT 751 SY $_________$_____________ P-2(C) GRADED AGGREGATE BASE 8" THICK 11,787 SY $_________ $_____________ P-2(D) GRADED AGGREGATE BASE 6" THICK 751 SY $_________ $_____________ P-3 ASPHALT PAVEMENT LEVELING - AS DIRECTED 200 TONS $_________ $_____________ P-4 MILLING EXISTING ASPHALT PAVEMENT 1.5" 2,963 SY $_________ $_____________ P-5 4" THICK CONCRETE SIDEWALKS, 3000 PSI MIX 20 SY $_________ $_____________ P-9(A) 24" CONCRETE CURB AND GUTTER REPLACEMENT 385 LF $_________ $_____________ P-9(B) 30" CONCRETE CURB AND GUTTER REPLACEMENT 16 LF $_________ $_____________ P-11 CONCRETE CAP (8") AND ASPHALT PATCH (2") WITH 50' OVERLAY 24 SY $_________ $_____________ M-1 FLOWABLE FILL GA DOT 600 60.0 CY $_________ $_____________ M-3 ROCK EXCAVATION 10 CY $_________ $_____________ M-4(A) SELECT BACKFILL (SOILS STRUCTURAL) - AS DIRECTED 150 CY $_________ $_____________ M-4(B) SELECT BACKFILL (AGGREGATE) - AS DIRECTED 150 CY $_________ $_____________ M-5 CLEARING AND GRUBBING 2.4 ACRE $_________$_____________ M-6 FENCE REMOVAL AND REPLACEMENT 533 LF $_________ $_____________ M-7(A) FIBER MICRODUCT 10,955 LF $_________ $_____________ M-7(B) FIBER MICRODUCT IN JACK & BORE CASING 320 LF $_________ $_____________ M-7(C) FIBER HANDHOLE PULL BOXES 25 EA $_________ $_____________ M-8 6' LOCKABLE FENCING, TEMPORARY 1,000 LF $_________ $_____________ M-9 15" PIPE REPLACEMENT AS NECESSARY (STA:105+26) 1 LS $_________ $_____________ DR A F T P-4 Revised: December 2019 M- 10(A) TEMPORARY SILT FENCE, TYPE C - ADDITIONAL AS DIRECTED 600 LF $_________ $_____________ M- 10(B) BARRIER FENCE ORANGE, FOUR FOOT - ADDITIONAL AS DIRECTED 200 LF $_________ $_____________ M- 10(C) INLET SEDIMENT TRAP - ADDITIONAL AS DIRECTED 6 EA $_________ $_____________ LS-1 MOBILIZATION AND DEMOBILIZATION, AS LISTED IN THE SPECIFICATIONS 1 LS $_________ $_____________ LS-2 BONDS AND INSURANCE 1 LS $_________ $_____________ LS-3 EROSION CONTROL 1 LS $_________ $_____________ LS-4 TRAFFIC CONTROL 1 LS $_________ $_____________ LS-5 PERMANENT GRASSING 1 LS $_________ $_____________ LS-6 AS-BUILT GPS SURVEY 1 LS $_________ $_____________ LS-7 OWNER ALLOWANCE WITH APPROVAL 1 LS $300,000.00 $300,000.00 LS-8 PROPERTY RESTORATION 1 LS $_20,000.00 $_20,000.00 TOTAL $_____________ DR A F T A-1 Revised: October 2019 SECTION A AGREEMENT AGREEMENT This AGREEMENT, made on the ____ day of_______________,20____, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and ____________, party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: ALTERNATE WATER FEED TO DOWNTOWN AUGUSTA AUD PROJECT NUMBER UP-2015-038 and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be substantially completed within 365 calendar days with all such extensions of time as are provided for in the General Conditions. Substantial completion shall be defined as water line being in service. Final completion shall be 60 days after substantial completion. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the Consideration for the awarding of this contract, to pay the Owner the sum of one thousand and no/100s ($1000.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. DR A F T A-2 Revised: October 2019 The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III – PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the BID FORM and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor ,including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. DR A F T A-3 Revised: October 2019 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. OWNER: AUGUSTA, GEORGIA ATTEST: SEAL By: __________________________________ By: _________________________________ The Honorable Hardie Davis Lena J. Bonner Mayor Clerk of the Commission Date: _________________ Date: _________________ APPROVED AS TO FORM: DEPARTMENT APPROVAL: By: _____________________________ By: ______________________________ Thomas D. Wiedmeier Attorney Director, Augusta Utilities Department Date: _________________ Date: _________________ CONTRACTOR: ATTEST: SEAL By: ________________________________ By: _______________________________ Name: Name: Title: Title: Date: _________________ Date: _________________   DR A F T 1 NOTICE OF AWARD DATE: CONTRACTOR: ADDRESS: City State Zip Code PROJECT: Alternate Water Feed Downtown Augusta PROJECT NO: UB-2015-038 At a meeting of the held on (Date) you were awarded the Contract for the following Project: Enclosed please find 4 copies of the Contract Documents for your execution. Please complete the pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office within 10 days from the date of this letter, excluding Legal Holidays. The Certificate of Insurance must be complete. Power of Attorney must be submitted in triplicate; an original and two copies is permissible. Very truly yours, Project Engineer Reciept of this NOTICE OF AWARD is hereby acknowledged this, the day of , 20 Contractor By Title Please sign and return one copy of this Notice of Award Acknowledgement to: Augusta Utilities Department ATTN: 452 Walker Street, Suite 200 Augusta, GA 30901 DR A F T 1 NOTICE TO PROCEED DATE: TO: Attn: PROJECT: Alternate Downtown Feed PROJECT NO: UB_2015-038 You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore . Very truly yours, AUD Project Manager Receipt of this NOTICE TO PROCEED is hereby acknowledged This, the day of , Contractor: By: Title: Please sign and return one copy of this Notice to Proceed Acknowledgement to: Augusta Utilities Department Attn: 452 Walker Street, Suite 200 Augusta, GA 30901 DR A F T CONSTRUCTION CONTRACT CHANGE ORDER CO NUMBER BID ITEM DATE PROJECT TITLE ALTERNATE WATER FEED TO DOWNTOWN AUGUSTA ORIGINAL CONTRACT DATE PROJECT NUMBER UB_2015-038 OWNER AUGUSTA, GEORGIA PO NUMBER The following change is hereby made to the contract for the above project: Description of Change (for a more detailed description see attached proposal): PAYEE TOTAL AMOUNT OF THIS CHANGE ORDER $ The contract time will be INCREASED by 0 calendar days as a result of this change. ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDER (INCREASE) $ THIS CHANGE ORDER (INCREASE) $ TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $ FUNDING NUMBER/ACCOUNT NUMBER PROPOSED BY: DATE: CONTRACTOR REQUESTED BY: DATE: ENGINEER SUBMITTED BY: DATE: DEPARTMENT HEAD FINANCE ENDORSEMENT: DATE: COMPTROLLER RECOMMENDED BY: DATE: ADMINISTRATOR APPROVED BY: DATE: MAYOR DR A F T SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the _________________________________ ____________________________________as Principal, __________________________and as Surety, are hereby held and firmly bound unto the Augusta-, Georgia Commission of Augusta, Georgia as Owner in the penal sum of___________________________________________________ ____________________________for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this ____________ day of _____________________, 20_____. The condition of the above obligation is such that whereas the Principal has submitted to the Augusta, Georgia Commission of Augusta, Georgia, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the ALTERNATE WATER FEED TO DOWNTOWN AUGUSTA, for Augusta, Georgia in accordance with plans and specifications of the AUGUSTA UTILITIES DEPARTMENT. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. BB-I DR A F T the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed and sealed this ______________ day of ___________________ A. D. 20___. Witness _________________________ ___________________________(Seal) (Principal) Attest __________________________ By _________________________(Seal) (Title ) Witness ________________________ ___________________________(Seal) (Surety) Attest _________________________ By ________________________ (Seal) (Title) BB-2 and its bond shall be in no way impaired or affected by any extension of the time within which The Surety , for value receive, hereby stipulates and agrees that the obligations of said Surety DR A F T SECTION PB PERFORMANCE BOND (NOTE : THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That ________________________________________________ as Principal, hereinafter called Contractor, and _______________________________________________________, a corporation organized and existing under the laws of the State of _____________________,with its principal office in the City of ________________,State of ____________________, as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee, hereinafter called the Owner, in the penal amount of __________________________________________ Dollars ($_______________) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated ________________________ entered into a contract with Owner for the ALTERNATE WATER FEED TO DOWNTOWN AUGUSTA in accordance with the drawings and specifications issued by the Augusta Utilities Department and the Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT . NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) (2) Complete the CONTRACT in accordance with its terms and conditions, or Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default a succession of PB-I DR A F T defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this ______________ day of ___________________ A. D. 20___. Witness _____________________________________ ______________________________(Seal) (Contractor) Attest _______________________________________ By ___________________________ (Seal) (Title) Witness _____________________________________ _____________________________(Seal) (Surety) Attest _______________________________________ By ___________________________(Seal) (Title) PB-2 DR A F T Invitation to Bid Sealed bids will be received at this office until Tuesday, April 14, 2020 @ 3:00 p.m. for furnishing: Bid Item #20-181 Alternate Water Feed to Downtown Augusta – for Augusta, GA - Utilities Department Commodity Codes: 022-910-63, 018-961-85, 032-911-00 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $50.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, February 27, 2020. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. A Mandatory Pre Bid Conference will be held on Friday, March 20, 2020 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, March 24, 2020 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. 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 February 27, March 5, 12, 19, 2020 Metro Courier February 27, 2020 Revised: 2/2/2016 OFFICIAL VENDORS Legacy Water Group 10130 Bob Willims Pkwy. Covington Ga. 30014 Contract Mgmt Inc 1829 Killingsworth Rd Augusta Ga. 30014 Attachment "B"Yes Yes E-Verify 798569 225306 SAVE Form Yes Yes Addendum 1& 2 Yes Yes Bid Bond Yes Yes Compliance Review 2% Goal Yes Yes Total Amount $4,421,762.75 $5,415,408.46 ITB Bid Opening for Bid Item #20-181 Alternate Water Feed to Downtown Augusta for Augusta, GA - Utilities Department Bid Date: Wednesday, June 10, 2020 @ 3:00 p.m. via ZOOM Total Number Specifications Mailed Out: 10 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 83 Georgia Procurement Registry: 348 Pre-Proposal Conference Attendees (ZOOM): Total packages submitted: 2 Total Noncompliant: 0 Page 1 of 1 20-181 Alternate Water Feed to Downtown Augusta - Pre-Bid Conference Name (Original Name)User Email Join Time Leave Time Duration (Minutes) Kathy Murry (Shill@augustaga.gov)Shill@augustaga.gov 5/26/2020 14:27 5/26/2020 15:49 82 Darrell White 5/26/2020 14:41 5/26/2020 14:42 1 Darrell White 5/26/2020 14:42 5/26/2020 15:49 68 pdillard 5/26/2020 14:46 5/26/2020 14:55 10 Cranston Engineering cmorgan@cranstonengineering.com 5/26/2020 14:51 5/26/2020 14:55 4 C.Hendrix 5/26/2020 14:52 5/26/2020 14:52 1 C.Hendrix 5/26/2020 14:52 5/26/2020 14:53 2 C.Hendrix 5/26/2020 14:53 5/26/2020 14:55 3 Kyle Wright (Astra Group)5/26/2020 14:55 5/26/2020 14:55 1 pdillard 5/26/2020 14:55 5/26/2020 15:49 54 C.Hendrix 5/26/2020 14:55 5/26/2020 15:49 54 Kyle Wright (Astra Group)5/26/2020 14:55 5/26/2020 15:49 54 Craig.Wiley 5/26/2020 14:57 5/26/2020 14:57 1 Craig.Wiley 5/26/2020 14:57 5/26/2020 15:49 53 moto z3 5/26/2020 14:57 5/26/2020 14:57 1 moto z3 5/26/2020 14:57 5/26/2020 14:58 2 Brett.Clay 5/26/2020 14:57 5/26/2020 14:58 1 Brett.Clay 5/26/2020 14:58 5/26/2020 15:49 51 Yolanda Jackson 5/26/2020 14:58 5/26/2020 14:58 1 Yolanda Jackson 5/26/2020 14:58 5/26/2020 15:48 50 Galaxy S9 5/26/2020 14:59 5/26/2020 14:59 1 Galaxy S9 5/26/2020 14:59 5/26/2020 15:08 9 Jeff Klebowski 5/26/2020 15:00 5/26/2020 15:00 1 Jeff Klebowski 5/26/2020 15:00 5/26/2020 15:49 49 Mitchell Murchison cmorgan@cranstonengineering.com 5/26/2020 15:00 5/26/2020 15:00 1 Mitchell Murchison cmorgan@cranstonengineering.com 5/26/2020 15:01 5/26/2020 15:43 43 Cranston Engineering cmorgan@cranstonengineering.com 5/26/2020 15:05 5/26/2020 15:05 1 Cranston Engineering cmorgan@cranstonengineering.com 5/26/2020 15:05 5/26/2020 15:47 42 Swannette’s iPad 5/26/2020 15:07 5/26/2020 15:07 1 Swannette’s iPad 5/26/2020 15:07 5/26/2020 15:49 42 tparrott 5/26/2020 15:09 5/26/2020 15:09 1 tparrott 5/26/2020 15:09 5/26/2020 15:49 40 ben 5/26/2020 15:32 5/26/2020 15:32 1 ben 5/26/2020 15:32 5/26/2020 15:49 17 Commission Meeting Agenda 7/21/2020 2:00 PM Broad Street Improvements Project Department:Engineering Department:Engineering Caption:Approve supplemental funding (SA1) for Engineering Phases of Design Consultant Services Agreement to Hussey Gay Bell (HGB) in the amount of $287,322.50 for the Broad Street Improvements Project as requested by the AED. RFP 18-311. Background:The Broad Street Improvements is a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. The Broad Street is a Band 3 project. The project improvements consist of improving roadway safety by resurfacing, reconstructing the existing curb and gutter, replacing sidewalks and improving the storm water system. The project will improve pedestrian safety at intersections with new high visibility crosswalks. New street landscaping will be provided, where possible, to enhance pedestrian use and improvement roadway aesthetics. In April 2019, commission approved award of design phase of the project to HGB. The roadway design is in progress and supplement services are warranted for gathering additional survey data, reviewing & correcting storm sewer data, and auxiliary efforts. Analysis:On April 5, 2019 commission approved to move the project from preliminary initial concept to design. The project is in design phase and supplemental professional services are needed for design completion. The purpose of this supplement is to complete needed survey and storm sewer data. Financial Impact:Project TIA Funds. Alternatives:1). Do not approve and find alternative to complete the project and meet TIA project completion schedule. Recommendation: Cover Memo Approve supplemental funding (SA1) for Engineering Phases of Design Consultant Services Agreement to Hussey Gay Bell (HGB) in the amount of $287,322.50 for the Broad Street Improvements Project as requested by the AED. Funds are Available in the Following Accounts: Project TIA Funds 371-041110-T15040107 REVIEWED AND APPROVED BY: Cover Memo (SA1 – For changes greater than $25,000) June 2020 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T15040107 GDOT Number (s): RC07-000107 PI 0011382 Supplemental Agreement Number: 1 Purchase Order Number: 19ENG752 WHEREAS, We, Hussey Gay Bell (HGB). Consultant, entered into a contract with Augusta-Richmond County on July 31, 2012 for engineering design services associated with the improvements to Broad Street Improvements. Project RC07-000107, PI 0011382, File Reference No. 20-014 (T), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional Engineering Services to complete needed survey and storm sewer data. It is agreed that as a result of the above described modifications the contract amount is increased by $287,322.50 from $2,078,797.19 to a new total of $2,366,119.69 Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Hussey Gay Bell (HGB). Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned item, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY Hussey Gay Bell (HGB). AUGUSTA, GEORGIA Hardie Davis, Mayor Approved Date: Approved: Date: [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#371-041110-T15040107 This request is for Supplemental Agreement Number One to Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Design 2,078,800$ TIA Funds 287,330$ 2,366,130$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET CPB#371-041110-T15040107 Broad Street Improvements (RFP #18-311) Hussey Gay Bell (HGB) in the amount of $287,330.00 Funding is available in the TIA project budget: 7/1/2020 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#371-041110-T15040107 Broad Street Improvements (RFP #18-311) CPB AMOUNT CPB New SOURCE OF FUNDS CPB ADDITION CPB TIA Project 371-041110/5212115-T15040107 (2,078,800)$ (287,330)$ (2,366,130)$ TOTAL SOURCES: ($2,078,800) ($287,330) ($2,366,130) USE OF FUNDS ENGINEERING 371-041110-5212115/T15040107 $2,078,800 $287,330 $2,366,130 TOTAL USES: $2,078,800 $287,330 $2,366,130 7/1/2020 CPB#371-041110-T15040107 7/1/2020 CPB#371-041110-T15040107 7/1/2020 June 2, 2020 Dr. Hameed Malik, PhD, PE Director – Engineering Augusta Engineering Department 452 Walker Street, Suite 110 Augusta, Georgia 30901 VIA E-mail RE: Design Services Fee Request Downtown Improvement Projects – Stormwater Research, Survey and Mapping Dr. Malik: This letter is a request for additional fees associated with the Downtown Streetscape Design. During the verification of the survey database, it was determined that the Hussey Gay Bell Team was provided an incomplete and inaccurate survey database as a project deliverable. It was initially found that the survey did not contain complete building information, which is important to the streetscape design. The survey also lacked complete stormwater drainage information which initiated coordination with the City of Augusta’s GIS consultant to obtain missing drainage information – which was beyond the agreed upon scope. Hussey Gay Bell initiated conversations with Edwards-Pitman’s survey department and Settimio Consulting Services, Inc. (SCS Mapping) to determine the extent of the survey database inaccuracies. It was determined that the most efficient and accurate way to correct the survey was to utilize aerial mapping and survey the obscured areas and stormwater facilities. Attached to this letter are the hours utilized to research the stormwater drainage from historical documentation from the City of Augusta’s historical records and a summary of the survey deficiencies along with the scope and fee to correct the survey. It is prudent and advisable that the Broad Street project does not move forward with construction documents utilizing the delivered survey database as-is. The risks in moving forward utilizing the current database could cause increased construction costs, additional preliminary engineering and unknown delays. It is in our estimation that correcting the survey will cause minor schedule delays to the overall project of around 12 weeks. Below is a summary of the additional fees requested. See attachments for supporting documentation. Attachment A Missing Drainage $43,322.50 Attachment B Broad Street Existing Survey Review N/A Attachment C Scope & Fee (Mapping & Survey) $244,000.00 TOTAL ADDITIONAL FEE: $287,322.50 You can contact me with any questions or concerns at cparker@husseygaybell.com or at 770-476-7782. Sincerely, Clint V. Parker, PE, PMP Project Manager Hussey Gay Bell Attachments: Attachment A – Missing Drainage (Hourly Task/Fee Breakdown) Attachment B – Broad Street Existing Survey Review Attachment C – Scope & Fee (Mapping & Survey) 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Augusta Broad Street St Mapping bullet points: -Elevation on many features is wrong. The elevational accuracy for the project cannot be guaranteed. -Poorly mapped features and missing features including incomplete curbs, missing breakline on theroads, sidewalks, curb cuts, and missing ADA ramps and pads. -Many features are on the wrong levels and will require a thorough feature check to ensure everything ison the right levels. -In many areas the linework is drawn twice and interweaves with each other, making it difficult todetermine which line would be worth keeping. -There are no breaklines in the 3D file that we have received. Without breaklines the accuracy of themapping will decrease. -Vertices spacing is sparse. Many features only have a vertices every 20-60 feet which is not denseenough for accurate mapping of a project of this scope. Typical is 10’-15’ at most 20’. CADD bullet points: -Most of the poorly mapped and missing features are things that would be difficult to put in without verygood lidar or a photogrammetric technician. -Checking and Re-leveling all the features will require good aerial imagery and/or good lidar. -Fixing the elevations on the bad linework is almost impossible with the set of data that we have available.It could be draped to the DTM surface that we have received but most of the mapping will becomerelatively flat. Elevation differences between curbs and edge of pavement will disappear, any walls will beon the ground elevation, etc. Attachment B 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Notes with screenshot reference: Screenshot 001: Important 3D features are not on the ground and do not follow the surface Screenshot 002: Flowlines are not consistent. Some areas have a gutter flowline, some areas do not, Sometimes the gutter flowline just ends abruptly for no reason. Screenshot 003: Sloppy mapping. There are duplicated features all over the place that do not match each other (there are 2 sidewalk lines in this screenshot that flow over each other), flowlines are drawn poorly, only one edge of the top of curbs was captured. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 004: Text is used to describe many features instead of just mapping it to show the feature. Screenshot 005: Missing important features. In this screenshot you can see that there is no edge of pavement, there are no breaklines in the road, sidewalks and curbs just stop abruptly, there is a Conc Apron that has no linework to show it's existence. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 006: More missing features. Edge of pavement is still missing, sidewalks still ending abruptly, curbs still ending abruptly, there are no gutter flowlines, still no breaklines, the edge of pavement that is shown has 2 lines that run over each other. Screenshots 007 and 007.2: Vertices spacing on important 3D features is extremely sparse. On this one curb there is a 46.5 gap between two vertices. The pavement right next to the curb has the same vertices spacing. This pavement will likely not hold up to any high accuracy standards. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 008 and 008.2: Feature elevations are off. There is a sidewalk and edge of pavement that meet up at a curb, but do not snap to the curb. The curb is also 0.3' below the sidewalk and pavement, which is generally incorrect. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 009: Features are not on the proper levels and a thorough combing will need to be done to ensure that all features are accurately labeled. In this screenshot there are some stairs (TOPO_E_TS-Line) that are labeled as non-triangulated walls (TOPO_E_TWF-Line) There are many examples of this throughout the project file. Screenshot 010: Storm Drains are mapped sloppy. I see no manhole cells on top of them, and the linework on the street just stops where the drain begins. Linework should pull the flow down into the drain slightly. Also in this screenshot you can see that one side of the storm drain is labeled as edge of pavement, and the other is labeled as gutter flowline. Both features should be labeled the same. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 011: Handicap access points are poorly mapped. There are no ADA pads defined by linework, curbing ending abruptly, sidewalks ending, holes in the mapping, etc. Screenshot 012: Concrete drive aprons for driveways are poorly drawn. There is no linework showing where the driveways meet into the street, big gaps between the curbs, etc. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 013: There is more sloppy double mapping here that is mis-leveled. Edge of pavement was drawn twice AND the two lines are overlapping each other. Screenshot 014: More poorly drawn aprons and curbs. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 015: Another poorly drawn handicap access. No ADA pad, sidewalks just stop abruptly. Curb elevation is bouncy. There is a new line here on the THC (curb header?) level that is also bouncy and makes no sense. Screenshot 016 and 016.2: There is a part of the curb and sidewalk that suddenly curves inwards, with the images I have available I do not believe the features actually do this. Also the elevation for the linework running next to it is inaccurate and bouncy. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 017: Missing features/oddly mapped area. There are what appear to be some walled in planters here as well as a wall between the parking and the road that were not mapped. Edges of this parking lot are not properly defined, there is simply text that says it is a parking lot. Screenshot 018: Same as above, except this parking lot is defined even more poorly. The mini-park next to the parking lot does not have its sidewalks defined at all. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 019: Pavement on the left is mapped sloppily, the curbs just end abruptly, no sidewalk was drawn. On the right there are 2 edge of pavements that cross each other, the flowlines are choppy, there are duplicate curb line. Screenshot 020: The way the mapping was captured changes as you reach the easternmost edge of the project file. Driveways and sidewalks are collected more thoroughly 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 SETTIMIO CONSULTING SERVICES INC. Screenshot 021: There are features defined with the Manhole level that I do not believe are supposed to be manhole features. Screenshot 022 and 022.2: Edge of pavement was drawn over the curb and through the sidewalk. Settimio Consulting Services Inc. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 Clint Parker Rebecca Settimio Hussey Gay Bell SCS 2160 Satellite Blvd,Ste. 250 2401 Executive Plaza Dr. Ste 3A Duluth, GA 30097 Pensacola, FL 32504 May 21, 2020 Re: PI #0011382 SR 28/Broad Street from SR 28 to Sand Bar Ferry Road. SCS would like to offer this proposal to the following specifications: Acquire Aerial Digital Imagery and Aerial and Mobile LiDAR to produce a 1”=20’ planimetric map with 1’ contours and better than .1’ (vertical) on paved surfaces. Ground Survey for MTS4 Study, City of Augusta provided property database convert to InROADS ALG file. Scope of Service Mapping: Limits: Extents based on KMZ. SCS will collect a 1”=20’ map up to the building fronts, or 15’ past RW including an additional 100’ North and North of Roadway intersections along Broad Street. where building structures are within 25’ the entire structure will be outlined. SCS will create a Vertical / Horizontal GDOT published control package for control that will be documented and recoverable for any future projects. Horizontal. targets will be painted along the corridor (in the Roadway when possible) and collect x,y,z positions for controlling imagery and Lidar. SCS will map all visible utilities, including manholes, drop inlets, water valves, and other visible drainage structures. All utilities, including poles, streetlights, traffic control box, meter fire hydrants signs, any miscellaneous permanent features like trash disposal systems, misc. boxes, barriers, ornamental vegetation boxes, ADA ramps or manmade purposed pavement/sidewalk cuts, roadway and parking striping, guard rail, walls, fences and vegetation, benches, fountains, and other monumentation and cultural features and artifacts that can be determined. Attachment C Settimio Consulting Services Inc. 3139 Belle Christiane Place Pensacola, FL 32503 850-341-0507 Scope of Service Ground Survey: SCS will provide GDOT Horizontal/vertical control for mapping ,Obscure Area Survey, Merge mapping of surface utility appurtenances with existing UTLE file of City of Augusta provided QL-D SUE, City of Augusta provided property database conversion into InROADS ALG file MS4 Strom Drainage Study,1 full Bridge survey and 2 Bridge deck surveys. Data will be acquired over the weekend, preferably Sunday AM, weather dependent. Initial Mapping Deliverable: GDOT Spec deliverables including Mapping TOPO and UTL Microstation .DGN file, InRoads DTM, and 2” pixel Ortho image. Schedule for Mapping: Once NTP is issued: SCS will start painting targets with good mobile and aerial visibility. The Acquisition of the mobile lidar and Aerial Lidar should be able to be completed within 2-3 weeks NTP, dependent on traffic constraints and weather. SCS will the perform AT on the imagery, Calibrate the Aerial and Mobile data, extract features, initial QA/QC and provide GDOT spec mapping deliverables. 10 Weeks after NTP. Estimated obscure areas from mapping data 15% to be field located. Schedule for Ground Surveys: GDOT Horizontal/vertical control for mapping 1-2 Weeks after NTP Obscure Area Survey (20 areas, approximately 15 acres) – 13 weeks after NTP Merge mapping of surface utility appurtenances with existing UTLE file of City of Augusta provided QL-D SUE City of Augusta provided property database convert to InROADS ALG file – 13 Weeks after NTP MS4 Strom Drainage Study – 14 Weeks after NTP 1 full survey and 2 Bridge deck surveys 17 Weeks after NTP. Final Deliverables: QA/QC with GDOT published control Package Control, and Survey and Mapping TOPO and UTL .DGN file, Full InRoads database file. The Total Cost for these services will be a Lump Sum of $244,000, with Full Deliverable 17 weeks after NTP. Sincerely, Rebecca Settimio rebecca@scs-mapping.com www.scs-mapping.com Commission Meeting Agenda 7/21/2020 2:00 PM Consider approving increase to funding available for RFQ #18-263: Task Order Program (2018) for Utilities Department in the amount of $3,000,000.00 for execution by qualified and selected contractors. Department:Utilities Department:Utilities Caption:Motion to increase the funding for approved RFQ #18-263: Task Order Program (2018) for Utilities Department (AUD) in the amount of $3,000,000.00. Background:The previously approved Task Order Program is to allow several responsive and qualified contractor to provide installation, maintenance, and/or repairs to the water and sewer infrastructure. The originally funded amount has been depleted. The Utilities Department is requesting a Task Order Program increase in the amount of $3,000,000.00 to keep up with the repair & replacement issues of decaying infrastructure throughout Augusta-Richmond County. The contractor will provide all tools, labor, material, and equipment to perform and complete all task order assignments as set forth in RFQ #18-263 Task Order Program (2018) for Utilities Department. Analysis:AUD has evaluated the current and active Task Order Program and determined that a funding increase to the Task Order Program is needed to continue use. Financial Impact:The funding increase requested for this program is $3,000,000.00. These funds are available from account 507043490-5425410 / 88886666-5425410. Alternatives:Rejection of this RFQ funding increase would delay the Utilities Department ability to expedite the repair and replacement of failed, aging water and sewer infrastructure. Recommendation:Cover Memo Recommend Commission approve the Task Order funding increase request to RFQ 18-263; Task order Program (2018) for Utilities Department in the amount of $3,000,000.00 Funds are Available in the Following Accounts: $3,000,000.00 from account 507043490-5425410 / 88886666- 5425410 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Engineering Services for Streambank Stabilization Design, Permitting and Construction – RFQ 19-152 Department:Engineering Department:Engineering Caption: Approve Task Order Three (3) funding for Streambank Stabilization Design, Permitting and Construction Engineering Services Agreement to Pond & Company in the amount of $16,708.50 for Rocky Creek Habitat Improvements Project Design Support. Requested by the AED. RFQ 19-152 Background:Rocky Creek is currently not supporting its designated use of fishing based on degraded aquatic population due to sediment loads. The watershed has been heavily impacted by urban/residential land use. To address noted impairment, Augusta Engineering (AED) partnering with GA EPD Section 319 Water Quality Program and developed project to mitigate and restore Aquatic Habitat in Rocky Creek. It is stream water quality restoration project and work includes adding instream Best Management Practice (BMPs) that will encourage a more natural riffle-pool geomorphology over time and support habitat diversity. However, Rocky Creek is jurisdictional waterbody and proposed instream work warrants coordination with US Army Corps of Engineers (USACE) and USACE authorization/ may be permitting. Analysis:Project Delivery Agreement with GA EPD requires completion of intended improvements within certain time period. However, Rocky Creek habitat improvements measures are instream activities requiring USACE authorization to construct. Hence, professional services support is need to obtain USACE approval in cost effective and time manner and complete intended activities within approved duration. The Pond & Company is under contract providing Streambank Stabilization Design, Permitting and Construction Engineering Services to AED, and will be cost effective to utilize Pond & Company services. The contract was award by Augusta Commission awarded this contract in May 2019. Cover Memo Financial Impact:Stormwater Utility Funds. Alternatives:1). Do not approve and find alternative to complete the project. Recommendation:Approve Task Order Three (3) funding for Streambank Stabilization Design, Permitting and Construction Engineering Services Agreement to Pond & Company in the amount of $16,708.50 for Rocky Creek Habitat Improvements Project Design Support. Funds are Available in the Following Accounts: Stormwater Utility Funds 581-044320-5211120 REVIEWED AND APPROVED BY: Cover Memo Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is authorized to CPB#581-044320-5211120 to approve final Phase funding for Streambank Stabilization Design, Permitting and Construction Engineering Services Agreement to Pond & Company in the amount of $16,708.50 for Rocky Creek Habitat Improvement Project as requested by the AED. RFQ 19-152. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Stormwater Utility Funds (Sandpipe)14,300$ Stormwater Utility Funds (Morningside)9,700$ Stormwater Utility Funds (Sandpipe)154,720$ Stormwater Utility Funds (Morningside)163,600$ Stormwater Utility Funds (Rocky Creek Habitat)16,710$ 359,030$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#581-044320-5211120 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET STREABANK STABILIZATION DESIGN, PERMITTING AND CONSTRUCTION BID #19-152 1 of 2 6.30.2020 Augusta-Richmond County, Georgia CPB#581-044320-5211120 CAPITAL PROJECT BUDGET STREABANK STABILIZATION DESIGN, PERMITTING AND CONSTRUCTION BID #19-152 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB STORMWATER UTILITY FUNDS 581-044320-5211120 ($24,000) ($24,000) STORMWATER UTILITY FUNDS 581-044320-5211120 ($318,320) ($318,320) STORMWATER UTILITY FUNDS 581-044320-5211120 ($16,710) ($16,710) TOTAL SOURCES: ($342,320) ($16,710) ($359,030) USE OF FUNDS STORMWATER UTILITY FUNDS 581-044320-5211120 $24,000 $24,000 STORMWATER UTILITY FUNDS 581-044320-5211120 $318,320 $318,320 STORMWATER UTILITY FUNDS 581-044320-5211120 $16,710 $16,710 TOTAL USES:$342,320 $16,710 $359,030 2 of 2 6.30.2020 All Pond marketing materials are printed on papers containing post-consumer recycled fibers and are FSC Certified. May 4, 2020 Hameed Malik, Ph.D., P.E. Director, Augusta Engineering Department 452 Walker St., Suite 100 Augusta, GA 30901 Re: Revised Proposal to Provide Permitting & Design Support Services for Rocky Creek Habitat Improvement Project Dr. Malik, Pond is pleased to deliver this revised scope of work and fee estimate for design support services associated with a habitat improvement project on Rocky Creek. Pond has reviewed the “Design Recommendations” document prepared by Cuddybum Hydrology, LLC., and believes that the work below will be required in order to permit and bid the project. Task 1 – Site Visit Pond design and environmental staff will conduct a site visit to observe existing conditions, proposed habitat improvement locations, existing or necessary access routes, and identify and delineate environmental resources within the project area. Task 2 – Design Support The “Design Recommendations” document identifies the proposed habitat improvement measures and includes location and basic details on the improvements. Pond will use the information provided to prepare GIS-based design plans that depict the location of the habitat improvement measures, contractor access and workspaces, limits of disturbance, erosion & sedimentation BMPs, and relevant notes, details, & checklists. This tasks includes one (1) site visit by design staff. Fee per Task Pond the cost to complete the professional services specifically stated above for the fees listed below: Task 1 – Site Visit $4,358.50 Task 2 – Design Support $12,350.00 Total Fee: $16,708.50 Conditions of Service 1. This fee does not include: engineering design beyond depiction of the location of proposed habitat improvements, access routes, and limits of disturbance; survey; design of proposed in-stream structures; | Page 2 hydraulics and hydrology studies; flood zone studies or modelling; Phase I/II Environmental Site Assessment; or inperson meetings with regulators. Pond assumes that any necessary public outreach or land access permissions would be conducted by the City. 2. Pond has not been involved with the previous studies or the “Design Recommendations” and therefore cannot stamp the final plans or carry liability for the appropriateness or success/failure of the proposed improvements. Pond assumes that, if a stamp is necessary, then the plans will be stamped by the designer of the proposed in-stream structures. Pond will stamp for elements of the plans under Pond’s control such as access and erosion control. 3. Pond assumes that Cuddybum Hydrology, LLC. will provide specifications and details for the habitat improvements to be included in the design plans. 4. Pond understands that permitting, if necessary, would be performed by the City. Pond will support the City by providing input on permit strategy questions and participating in agency discussions, as requested by the City. Pond notes that the project could potentially require USACE permitting, GAEPD stream buffer variance, and local LDP and buffer variance. 5. Services not specifically included in the proposal, or material changes requested after professional services have commenced, will be considered additional/out of scope services and will be approved via a contract change order prior to commencement of the additional work. Schedule The design documents would be delivered within 45 days of NTP. The City would provide existing relevant information prior to or concurrent with NTP. We appreciate your time and consideration in reviewing our proposal. If you have any questions or require further information, please contact me at 706.255.0852 or martingi@pondco.com. Sincerely, Pond Glenn Martin, PWS, CE Stephen Bailey, PWS Associate | Sr. Project Manager Principal Environmental & Water Resources Environmental & Water Resources City of Augusta COST PROPOSAL Project:Rocky Creek Date:4-May-2020 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Direct Labor Cost Phase Description Assumptions / Notes TOTALS ==> 148 16,708.50$ 278.50$ 16,430.00$ 1 Site Visit 34 4,358.50$ 278.50$ 4,080.00$ 2 Design Support 114 12,350.00$ -$ 12,350.00$ Project Level Summary - Labor Staff Type / Project Hourly Rates / Hours Total Hours Principle Project Manager Project Scientist / Engineer Scientist 2 / CAD $175.00 $150.00 $120.00 $90.00 TOTAL HOURS ==> 148 2 14 70 62 TOTAL DIRECT LABOR COST==> 16,430$ 350$ 2,100$ 8,400$ 5,580$ -$ Project Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Shipping TOTALS ==> 279$ -$ -$ 92$ 187$ -$ Task Level Summary - Labor Staff Type / Project Hourly Rates / Hours Total Hours Principle Project Manager Project Scientist / Engineer Scientist 2 / CAD Phase Description $175.00 $150.00 $120.00 $90.00 TOTALS ==> 148 2 14 70 62 1 Site Visit 34 2 30 2 2 Design Support 114 2 12 40 60 Task Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Shipping Phase Description TOTALS ==> 279$ -$ -$ 92$ 187$ -$ 1 Site Visit 279$ 92$ 187$ 2 Design Support -$ Pond & Company Total Other Direct Costs Environmental/Engineering Total Other Direct Costs Commission Meeting Agenda 7/21/2020 2:00 PM Memorandum of Understanding with Georgia Department of Transportation for GDOT Project PI M005972 Patching, Milling, and Topping 3.82 miles of State Route 28 (Washington Road) beginning from Calhoun Bridge and ending at CSX Railroad. Department:Utilities Department:Utilities Caption: Provide the Mayor's signature on furnished Memorandum of Understanding to include Augusta Utilities Department’s water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT Project PI M005972 Patching, Milling, and Topping 3.82 miles of State Route 28 (Washington Road) beginning from Calhoun Bridge and ending at CSX Railroad . Background:The Georgia Department of Transportation is undergoing maintenance to resurface State Route 28 (Washington Road). Due to these improvements, Georgia DOT potentially will need to raise and lower water valves and manholes that are in conflict with the GDOT project. The cost to make the utility adjustments will be a standard bid item within the GDOT project. Once the bids are received, Augusta Utilities will submit to the Commission for approval an item outlining the cost and requesting to enter a Contract Item Agreement. If approved Augusta Utilities will then enter the Contract Item Agreement with GDOT for the work to be performed under GDOT’s construction contract, but to be funded by Augusta Utilities. Analysis:Approving this memorandum of understanding will allow GDOT and Augusta Utilities Department to move forward with the plans to include water valves and sanitary sewer manhole adjustments in the GDOT project. Financial Impact:At this time, there will be no financial impact. Alternatives:No alternatives are recommended.Cover Memo Recommendation:Augusta Utilities Department recommend the Commission agree to the terms of the memorandum of understanding with GDOT and request the Mayor’s signature. Funds are Available in the Following Accounts: At this time, there will be no financial impact. REVIEWED AND APPROVED BY: Cover Memo Page 1 of 3 Revised: March 2016 Georgia DOT Project: N/A County: Richmond GDOT P.I.: M005972 CONTRACT ITEM AGREEMENT MEMORANDUM OF UNDERSTANDING between the Georgia Department of Transportation (hereafter the DEPARTMENT) and City of Thomson (hereinafter called the OWNER) Whereas the DEPARTMENT proposes to undertake a project to patch, mill and top 3.82 miles of SR 28 beginning at the end of the Calhoun Bridge and ending at CSX #633744F railroad crossing in Richmond County by contract through competitive bidding, and: Whereas the OWNER has the following utility facilities which will be within the project limits: One-hundred & fifteen (115) Sanitary Sewer Manholes and One-hundred & fifty-five (155) Water Valves. Whereas the OWNER does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this work included in the roadway contract to be let by the DEPARTMENT; and, now therefore: The following is hereby mutually agreed to and understood by both parties: 1. The preliminary engineering, including preparation of detailed plans and contract estimate for the required water items will be accomplished by the OWNER or OWNER’S Consultant, the cost of which will be the responsibility of the OWNER. The plans shall provide for adjustment, relocation, or new installation of the OWNER’S facilities in accordance with the OWNER’S customary practices, standards, and details subject to conformance with the DEPARTMENT’S standard pay items and procedures for including such items in the project contract. In cases of discrepancy, the governing descending order will be as follows: (1) Special Provisions, (2) Project Plans (prepared by OWNER’S Consultant) including Special Plan Details, (3) Supplemental Specifications, (4) Standard Plans including DEPARTMENT’S Standard Construction Details, (5) Standard Specifications. The OWNER’S standard details should be labeled as “Special Plan Details” and included immediately in sequence behind the OWNER’S plans to avoid confusion with the DEPARTMENT’s Standard Plans and Standard Construction Details. The OWNER shall provide plans using the DEPARTMENT’S title block design and in the current Microstation file format. 2. The plans and estimate shall be subject to approval by both the DEPARTMENT and OWNER prior to advertising for bids. Page 2 of 3 3. All work necessary for the adjustment or relocation of the described facilities in accordance with the final plans when approved shall be included in the highway contract and let to bid by the DEPARTMENT except as follows: If necessary, the Owner will provide additional temporary and permanent easements, at its own expense, for any work outside of the acquisition limits shown on the project right of way plans and shall certify possession in accordance with DEPARTMENT requirements prior to the Certification deadline for the project. 4. All construction engineering (layout, inspection) and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the OWNER before authorizing any changes or deviations which might affect the OWNER’S facility. Engineering for plan revisions for the OWNER’S facilities shall be the responsibility of the OWNER and OWNER’S Consultant. 5. The OWNER and OWNER’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The cost of any OWNER or OWNER’S Consultant’s visits or inspections will be the responsibility of the OWNER. The DEPARTMENT agrees to notify the OWNER when all utility work is complete and ready for final inspection and invite the OWNER to attend the final inspection or provide a corrections list to the DEPARTMENT prior to the final inspection. 6. After award of the highway contract, the OWNER will continue to maintain its pre- existing facilities until adjustment or relocation has been finalized or the pre-existing facilities have been taken out of service. Once adjustment or relocation begins on a segment of the facilities, the DEPARTMENT or its contractor will be responsible for the maintenance of the adjusted or relocated facilities until final acceptance is made for the work. 7. Upon Maintenance Acceptance or Final Acceptance of the utility work included in the contract and upon certification by the DEPARTMENT’S Engineer and the OWNER, that the work has been completed in accordance with the plans and specifications, the OWNER will accept the adjusted, relocated, and additional facilities and will thereafter operate and maintain said facilities located within the PROJECT right of way subject to the DEPARTMENT’S “Utility Accommodation Policy and Standards Manual, current edition” and any agreements in effect without further cost to the DEPARTMENT or it’s CONTRACTOR. 8. The DEPARTMENT and OWNER agree that all matters will be governed by the DEPARTMENT’S Utility Accommodation Policy and Standards. It is contemplated by the DEPARTMENT and OWNER that a Contract Item Agreement will be executed by both parties that will supersede this memorandum. The cost for the utility facilities shall be the responsibility of the OWNER and reimbursement to the DEPARTMEMT shall be handled thru a Contract Item Agreement. Page 3 of 3 APPROVED FOR THE OWNER BY: (Signature) (Date) (Title) APPROVED FOR THE DEPARTMENT BY: (Signature) (Date) State Utilities Administrator (Title) Contract Item Agreement to be required? YES Preliminary Engineering Agreement to be required? No DeLorme Street Atlas USA® 2013 Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (6.9°W) 0 800 1600 2400 3200 4000 0 200 400 600 800 1000 ftm Scale 1 : 28,125 1" = 2,343.8 ft Data Zoom 12-7 Page 1 of 3 Revised: March 2016 Georgia DOT Project: N/A County: Richmond GDOT P.I.: M005972 CONTRACT ITEM AGREEMENT MEMORANDUM OF UNDERSTANDING between the Georgia Department of Transportation (hereafter the DEPARTMENT) and City of Thomson (hereinafter called the OWNER) Whereas the DEPARTMENT proposes to undertake a project to patch, mill and top 3.82 miles of SR 28 beginning at the end of the Calhoun Bridge and ending at CSX #633744F railroad crossing in Richmond County by contract through competitive bidding, and: Whereas the OWNER has the following utility facilities which will be within the project limits: One-hundred & fifteen (115) Sanitary Sewer Manholes and One-hundred & fifty-five (155) Water Valves. Whereas the OWNER does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this work included in the roadway contract to be let by the DEPARTMENT; and, now therefore: The following is hereby mutually agreed to and understood by both parties: 1. The preliminary engineering, including preparation of detailed plans and contract estimate for the required water items will be accomplished by the OWNER or OWNER’S Consultant, the cost of which will be the responsibility of the OWNER. The plans shall provide for adjustment, relocation, or new installation of the OWNER’S facilities in accordance with the OWNER’S customary practices, standards, and details subject to conformance with the DEPARTMENT’S standard pay items and procedures for including such items in the project contract. In cases of discrepancy, the governing descending order will be as follows: (1) Special Provisions, (2) Project Plans (prepared by OWNER’S Consultant) including Special Plan Details, (3) Supplemental Specifications, (4) Standard Plans including DEPARTMENT’S Standard Construction Details, (5) Standard Specifications. The OWNER’S standard details should be labeled as “Special Plan Details” and included immediately in sequence behind the OWNER’S plans to avoid confusion with the DEPARTMENT’s Standard Plans and Standard Construction Details. The OWNER shall provide plans using the DEPARTMENT’S title block design and in the current Microstation file format. 2. The plans and estimate shall be subject to approval by both the DEPARTMENT and OWNER prior to advertising for bids. Page 2 of 3 3. All work necessary for the adjustment or relocation of the described facilities in accordance with the final plans when approved shall be included in the highway contract and let to bid by the DEPARTMENT except as follows: If necessary, the Owner will provide additional temporary and permanent easements, at its own expense, for any work outside of the acquisition limits shown on the project right of way plans and shall certify possession in accordance with DEPARTMENT requirements prior to the Certification deadline for the project. 4. All construction engineering (layout, inspection) and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the OWNER before authorizing any changes or deviations which might affect the OWNER’S facility. Engineering for plan revisions for the OWNER’S facilities shall be the responsibility of the OWNER and OWNER’S Consultant. 5. The OWNER and OWNER’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The cost of any OWNER or OWNER’S Consultant’s visits or inspections will be the responsibility of the OWNER. The DEPARTMENT agrees to notify the OWNER when all utility work is complete and ready for final inspection and invite the OWNER to attend the final inspection or provide a corrections list to the DEPARTMENT prior to the final inspection. 6. After award of the highway contract, the OWNER will continue to maintain its pre- existing facilities until adjustment or relocation has been finalized or the pre-existing facilities have been taken out of service. Once adjustment or relocation begins on a segment of the facilities, the DEPARTMENT or its contractor will be responsible for the maintenance of the adjusted or relocated facilities until final acceptance is made for the work. 7. Upon Maintenance Acceptance or Final Acceptance of the utility work included in the contract and upon certification by the DEPARTMENT’S Engineer and the OWNER, that the work has been completed in accordance with the plans and specifications, the OWNER will accept the adjusted, relocated, and additional facilities and will thereafter operate and maintain said facilities located within the PROJECT right of way subject to the DEPARTMENT’S “Utility Accommodation Policy and Standards Manual, current edition” and any agreements in effect without further cost to the DEPARTMENT or it’s CONTRACTOR. 8. The DEPARTMENT and OWNER agree that all matters will be governed by the DEPARTMENT’S Utility Accommodation Policy and Standards. It is contemplated by the DEPARTMENT and OWNER that a Contract Item Agreement will be executed by both parties that will supersede this memorandum. The cost for the utility facilities shall be the responsibility of the OWNER and reimbursement to the DEPARTMEMT shall be handled thru a Contract Item Agreement. Page 3 of 3 APPROVED FOR THE OWNER BY: (Signature) (Date) (Title) APPROVED FOR THE DEPARTMENT BY: (Signature) (Date) State Utilities Administrator (Title) Contract Item Agreement to be required? YES Preliminary Engineering Agreement to be required? No Commission Meeting Agenda 7/21/2020 2:00 PM Memorandum of Understanding with Georgia Department of Transportation for GDOT Project PI M005974 Patching, Milling, and Topping 0.66 miles of State Route 104 (Washington Road) beginning from Fury Ferry Intersection and ending at Pleasant Home Road. Department:Utilities Department:Utilities Caption:Provide the Mayor's signature on furnished Memorandum of Understanding to include Augusta Utilities Department’s water valves and sanitary sewer manhole adjustments in the Georgia Department of Transportation contract, for GDOT Project PI M005974 Patching, Milling, and Topping 0.66 miles of State Route 104 (Washington Road) beginning from Fury Ferry Intersection and ending at Pleasant Home Road. Background:The Georgia Department of Transportation is undergoing maintenance to resurface State Route 104 (Washington Road). Due to these improvements, Georgia DOT potentially will need to raise and lower water valves and manholes that are in conflict with the GDOT project. The cost to make the utility adjustments will be a standard bid item within the GDOT project. Once the bids are received, Augusta Utilities will submit to the Commission for approval an item outlining the cost and requesting to enter a Contract Item Agreement. If approved Augusta Utilities will then enter the Contract Item Agreement with GDOT for the work to be performed under GDOT’s construction contract, but to be funded by Augusta Utilities. Analysis:Approving this memorandum of understanding will allow GDOT and Augusta Utilities Department to move forward with the plans to include water valves and sanitary sewer manhole adjustments in the GDOT project. Financial Impact:At this time, there will be no financial impact. Alternatives:No alternatives are recommended.Cover Memo Recommendation:Augusta Utilities Department recommend the Commission agree to the terms of the memorandum of understanding with GDOT and request the Mayor’s signature. Funds are Available in the Following Accounts: At this time, there will be no financial impact. REVIEWED AND APPROVED BY: Cover Memo Page 1 of 3 Revised: March 2016 Georgia DOT Project: N/A County: Richmond GDOT P.I.: M005974 CONTRACT ITEM AGREEMENT MEMORANDUM OF UNDERSTANDING between the Georgia Department of Transportation (hereafter the DEPARTMENT) and Augusta-Richmond County (hereinafter called the OWNER) Whereas the DEPARTMENT proposes to undertake a project to patch, mill and top 0.66 miles of SR 104 Connector beginning at SR 28 to SR 104 in Richmond County by contract through competitive bidding, and: Whereas the OWNER has the following utility facilities which will be within the project limits: Fifteen (15) Water Valves. Whereas the OWNER does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this work included in the roadway contract to be let by the DEPARTMENT; and, now therefore: The following is hereby mutually agreed to and understood by both parties: 1. The preliminary engineering, including preparation of detailed plans and contract estimate for the required water items will be accomplished by the OWNER or OWNER’S Consultant, the cost of which will be the responsibility of the OWNER. The plans shall provide for adjustment, relocation, or new installation of the OWNER’S facilities in accordance with the OWNER’S customary practices, standards, and details subject to conformance with the DEPARTMENT’S standard pay items and procedures for including such items in the project contract. In cases of discrepancy, the governing descending order will be as follows: (1) Special Provisions, (2) Project Plans (prepared by OWNER’S Consultant) including Special Plan Details, (3) Supplemental Specifications, (4) Standard Plans including DEPARTMENT’S Standard Construction Details, (5) Standard Specifications. The OWNER’S standard details should be labeled as “Special Plan Details” and included immediately in sequence behind the OWNER’S plans to avoid confusion with the DEPARTMENT’s Standard Plans and Standard Construction Details. The OWNER shall provide plans using the DEPARTMENT’S title block design and in the current Microstation file format. 2. The plans and estimate shall be subject to approval by both the DEPARTMENT and OWNER prior to advertising for bids. Page 2 of 3 3. All work necessary for the adjustment or relocation of the described facilities in accordance with the final plans when approved shall be included in the highway contract and let to bid by the DEPARTMENT except as follows: If necessary, the Owner will provide additional temporary and permanent easements, at its own expense, for any work outside of the acquisition limits shown on the project right of way plans and shall certify possession in accordance with DEPARTMENT requirements prior to the Certification deadline for the project. 4. All construction engineering (layout, inspection) and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the OWNER before authorizing any changes or deviations which might affect the OWNER’S facility. Engineering for plan revisions for the OWNER’S facilities shall be the responsibility of the OWNER and OWNER’S Consultant. 5. The OWNER and OWNER’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The cost of any OWNER or OWNER’S Consultant’s visits or inspections will be the responsibility of the OWNER. The DEPARTMENT agrees to notify the OWNER when all utility work is complete and ready for final inspection and invite the OWNER to attend the final inspection or provide a corrections list to the DEPARTMENT prior to the final inspection. 6. After award of the highway contract, the OWNER will continue to maintain its pre- existing facilities until adjustment or relocation has been finalized or the pre-existing facilities have been taken out of service. Once adjustment or relocation begins on a segment of the facilities, the DEPARTMENT or its contractor will be responsible for the maintenance of the adjusted or relocated facilities until final acceptance is made for the work. 7. Upon Maintenance Acceptance or Final Acceptance of the utility work included in the contract and upon certification by the DEPARTMENT’S Engineer and the OWNER, that the work has been completed in accordance with the plans and specifications, the OWNER will accept the adjusted, relocated, and additional facilities and will thereafter operate and maintain said facilities located within the PROJECT right of way subject to the DEPARTMENT’S “Utility Accommodation Policy and Standards Manual, current edition” and any agreements in effect without further cost to the DEPARTMENT or it’s CONTRACTOR. 8. The DEPARTMENT and OWNER agree that all matters will be governed by the DEPARTMENT’S Utility Accommodation Policy and Standards. It is contemplated by the DEPARTMENT and OWNER that a Contract Item Agreement will be executed by both parties that will supersede this memorandum. The cost for the utility facilities shall be the responsibility of the OWNER and reimbursement to the DEPARTMEMT shall be handled thru a Contract Item Agreement. Page 3 of 3 APPROVED FOR THE OWNER BY: (Signature) (Date) (Title) APPROVED FOR THE DEPARTMENT BY: (Signature) (Date) State Utilities Administrator (Title) Contract Item Agreement to be required? YES Preliminary Engineering Agreement to be required? No DeLorme Street Atlas USA® 2013 Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (6.9°W) 0 140 280 420 560 700 0 40 80 120 160 200 ftm Scale 1 : 5,200 1" = 433.3 ft Data Zoom 15-3 Commission Meeting Agenda 7/21/2020 2:00 PM Motion to Abandon Right of Way Department:Engineering Department:Engineering Caption: Motion to determine that a Portion of Former Hephzibah McBean Road at Peach Orchard Road, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. A map of a Portion of Former Hephzibah McBean Road at Peach Orchard Road is attached. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on June 22, 2020 for this matter. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that a Portion of Former Hephzibah McBean Road at Peach Orchard Road be abandoned. Recommendation:Approve determination and request for abandonment of a Portion of Former Hephzibah McBean Road at Peach Orchard Cover Memo Road pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo THIS RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION TO ABANDON A PORTION OF FORMER HEPHZIBAH MCBEAN ROAD AT PEACH ORCHARD ROAD AS A PART OF THE ROAD SYSTEM OF AUGUSTA; THIS RESOLUTION, adopted by the Augusta-Richmond County Commission (“Commission”); WHEREAS, it has been proposed that the Commission make a determination that a Portion of Former Hephzibah McBean Road at Peach Orchard Road as shown on the attached map, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest and that the right-of-way should be abandoned as part of the Richmond County Road System; and WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A § 32-7-2, to reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and to abandon such roads; and WHEREAS, a Public Hearing was held on June 22, 2020 at the Augusta-Richmond County Municipal Building, 2nd Floor, 535 Telfair Street, Augusta, Georgia; and WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the newspaper in which Sheriff’s advertisements for Richmond County are published, on June 11, 2020 and June 18, 2020, and that the property owners located on a Portion of Former Hephzibah McBean Road at Peach Orchard Road were given notice; and WHEREAS, the results of the Public Hearing were reported to the Board of Commissioners and considered thereby; and WHEREAS, the Commission, at their meeting held, July 21, 2020, approved the proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of said statute having been met; NOW THEREFORE, be it resolved by the Commission and it is hereby resolved by the authority of same as follows: 1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the abandonment and removal above-said of the Right-of-Way and such Right-of-Way no longer serves a substantial public purpose or that its removal from the county road system is otherwise in the best public interest and is hereby abandoned as part of the Richmond County Road System; 2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law to the adjoining property owner, subject to easements and restrictions deemed necessary by the Augusta Engineering Department and the Augusta Utilities Department, and the Mayor and Clerk of Commission are hereby authorized to execute the documents necessary to effectuate such transfer as directed by the Augusta Law Department. 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein; 4. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED by the Augusta, Georgia Commission this ______ day of _____________________, 2020. AUGUSTA, GEORGIA COMMISSION By: ________________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner As its Clerk Commission Meeting Agenda 7/21/2020 2:00 PM Street Light Request for Granite Hill Phase 4 Department:Traffic Engineering Department:Traffic Engineering Caption: Approve the installation of 14 street lights in the Granite Hills Phase 4 development with an annual cost of $4,520.88. Also approve the creation of a special service district for the 52 lots within Granite Hills Phase 4. Funding is available in Street Lighting budget account #2760416105312310. Background:Georgia Power will install 14 street lights on the streets within Granite Hills Phase 4. The upfront cost to install the street light system will be $35,000. The yearly cost to operate and maintain the system will be $4,520.88 which will be paid for by the 52 lots associated with Granite Hills Phase 4 in a special service 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 June 10, 2020 in the amount of: Contractor Bid Georgia Power $35,000.00 upfront $4,4520.88 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 the installation of 14 street lights in the Granite Hills Phase 4 development with an annual cost of $4,520.88. Also approve the creation of a special service district for the 52 lots within Granite Hills Phase 4. Funding is available in Street Lighting budget account #2760416105312310. Recommendation:Approve Alternative One. 276-04-1610-5312310 Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Street Light Request for Old McDuffie Road Department:Traffic Engineering Department:Traffic Engineering Caption: Approve the installation of 51 street lights along Old McDuffie Road between Barton Chapel Road and Milledgeville Road with an annual cost of $11,468.88. Also approve the creation of a special service district for the 58 parcels adjacent to Old McDuffie Road between Barton Chapel Road and Milledgeville Road. Funding is available in Street Lighting budget account #2760416105312310. Background:Georgia Power will install 51 street lights along Old McDuffie Road on existing power poles. The upfront cost to install the street light system will be zero dollars as street lights will be affixed to existing power poles. The yearly cost to operate and maintain the system will be $11,468.88 which will be paid for by the 58 lots adjacent to Old McDuffie Road in a special service 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 June 25, 2020 in the amount of: Contractor Bid Georgia Power $0 upfront $11,468.88 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 the installation of 51 street lights along Old McDuffie Road between Barton Chapel Road and Milledgeville Road with an annual cost of $11,468.88. Also approve the creation of a special service district for the 58 parcels adjacent to Old McDuffie Road between Barton Chapel Road and Milledgeville Road. Funding is available in Street Lighting budget account #2760416105312310. Cover Memo Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 276-04-1610-5312310 REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Wilkinson Garden Area Roadway Drainage Improvements Project Department:Engineering Department:Engineering Caption: Approve supplemental funding for various Tasks under Final Design Phase of Engineering Consultant Agreement to WK Dickson & Co., Inc. in the amount of $190,300.00 for Wilkinson Garden Area Roadway Drainage Improvements as requested by AED. RFQ 07-114. Background:In March of 2009, the Augusta Commission approved the selection of WK Dickson to complete design for the Wilkinson Gardens Drainage Improvements project. The hydraulic and hydrology study for this project revealed that drainage improvements in Wilkinson Gardens would result in an increased flow rate of storm water downstream and stormwater detention will be required to mitigate it. Site options for stormwater facility were evaluated and determined that construction of Stormwater Regional Facility at Hyde Park is practical location that will provide regional storage capacity and manage drainage from a larger drainage basin including rerouting of storm sewer system around Thermal Ceramic Industrial facility; that system presently runs through the facility and difficult to access . Analysis:Past several years project activities were primarily focused on acquisition of properties needed for constructing regional stormwater facility. This task is substantially completed and next step is completion of Wilkinson Garden Improvements final design and construction plans. Intended final design scope also includes sidewalk on one side of the road along Kratha Drive, Barnes Road and Calvary for providing pedestrian safe connectivity to Wilkinson Garden Elementary. Financial Impact:Funds are available in Project funds in SPLOST VI. Alternatives:1). Do not approve and find alternative to complete the project. Cover Memo Recommendation:Approve supplemental funding for various Tasks under Final Design Phase of Engineering Consultant Agreement to WK Dickson & Co., Inc. in the amount of $190,300.00 for Wilkinson Garden Area Roadway Drainage Improvements as requested by AED. Funds are Available in the Following Accounts: 328-041110-5212115/219828217-5212115 REVIEWED AND APPROVED BY: Cover Memo (SA02- For changes greater than $20,000) AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, W. K. Dickson, Community Infrastructure Consultants entered into a contract with Augusta- Richmond County on March 17, 2009, for engineering design services associated with Wilkinson Garden Area Roadway Drainage Improvement Project/ Hyde Park, Project No. 328-041110-219828217, and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional supplemental funding for various Tasks under Final Design Phase of Engineering Consultant Agreement to W K Dickson & Co., Inc. It is agreed that as a result of the above modification the contract amount is increased by $190,300.00 from $589,300.00 to a total of $779,600.00. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, W. K. Dickson, Community Infrastructure Consultants, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Hardie Davis, Jr., Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta Richmond County Project Number(s): 328-041110-219828217 Supplemental Agreement Number: 7 Purchase Order Number: P164761 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: The project is authorized to CPB# 328-041110-219828217. This project proposes to prepare the GEMA Pre-Disaster (PDM) Grant Application for Wilkinson Gardens/Hyde Park Drainage Improvements. Funding will come from SPLOST Ph.VI Recapture Account in the amount of $190,300 for Supplemental Agreement Number Seven. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III Recapture 589,300$ 190,300$ 779,600$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Hardie Davis, Jr., Mayor CPB# 328-041110-219828217 CAPITAL PROJECT BUDGET WILKINSON GARDEN AREA ROADWAY DRAINAGE CHANGE NUMBER FOUR SPLOST VI, Recaptured Funds 1 of 2 2.19.09 Augusta-Richmond County, Georgia CPB# 328-041110-219828217 CAPITAL PROJECT BUDGET WILKINSON GARDEN AREA ROADWAY DRAINAGE CHANGE NUMBER FOUR CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPECIAL 1% SALES TAX, PHASE III 323-04-1110-6011110-296823333 ($589,300)($589,300) SPLOST VI, Recaptured Funds 328-04-1110-5212115/ 219828217-5212115 ($190,300) TOTAL SOURCES:($589,300) ($190,300) ($779,600) USE OF FUNDS ENGINEERING 323-04-1110-5212115-204823525 $589,300 $589,300 328-04-1110-5212115/ 219828217-5212115 $190,300 $190,300 TOTAL USES: $589,300 $190,300 $779,600 2 of 2 2.19.09    1  AMENDMENT NO. SEVEN    ADDITIONAL SERVICES AUTHORIZATION      The following additional services to the contract for Wilkinson Garden Area Roadway Drainage  Improvements, WKD Job #20090089.00.AG, dated March 23, 2009 between The City of Augusta, Georgia  (OWNER) and W.K. Dickson & Co., Inc. (CONSULTANT) are authorized.    1. SCOPE OF SERVICES. CONSULTANT shall provide additional services as follows:    a. Investigate the potential to carry system runoff along Kratha Drive from Wilkinson Gardens  Elementary School, north to the existing storm system in Milledgeville Road (Hwy 4). Identify  the potential connection point and obtain invert depths, material and size of the existing  storm line. Perform a preliminary hydrologic and hydraulic analysis to determine the capacity  and level of service of the pipe, with and without the additional area of drainage. If viable,  perform engineering and design services as provided in Alternate #1.   b. Determine if an alternate route of the Wilkinson Gardens outfall at Croft RD will allow  connection to the invert of the existing 42” corrugated metal pipe (CMP) on the north side of  Gordon HWY while providing minimum cover (12”) over the upstream system. Update the  hydraulic model as needed to verify the alternate system capacity and level of service. If  viable, review options and route selected with Owner. If approved, modify and upgrade the  plan and profile sheets as stated in Alternate #2. If not, follow the previously reviewed  option for Gordon Highway, to be added to the project as the primary route for capacity and  discharge, and connect to the route per Section “e.” below.    c. Modify and upgrade the construction plans as required to include the installation of  sidewalks on one side of the road along Kratha Drive, Barnes Road and Calvary Drive. Install  additional pipe networks, estimated to be approximately 4500 feet, along the road reaches  within the study area where positive drainage cannot be achieved through typical ditch  sections or where the installation of sidewalks is proposed. The hydrologic and hydraulic  models will be updated to include the proposed pipe systems. The road and pipe profiles,  typical sections and erosion control sheets will also be updated along with the bid quantities.   d. Perform a field locate and cursory assessment of the drainage system serving the  intersection of Tubman Home Rd and Lionel Street.  The mainline downstream pipe network  will be field located, and structures surveyed down to Gordon Hwy.  Once the pipe survey  has been completed for the system, a report of potential design options (maximum of three)  to mitigate the drainage concerns will be developed and provided to the Owner. The new  design and construction documents will be developed as Alternate #3 based on the option  chosen.  e. Perform a route survey of the proposed storm drain route, to bypass the Thermal Ceramics  system, from Gordon Hwy and Old Savannah Rd to the discharge point of the system at the  identified Railroad crossing below the Thermal Ceramics facility. Utilities within the proposed  pipe corridor will be located with level B SUE analysis by a SUE subcontractor to help the  team understand the potential construction conflicts that would be added to the project.   The approximately 1500 feet of pipe will be designed, and a hydraulic model will be  developed to verify the LOS and the adequacy of the system to carry stormwater discharges  from the Wilkinson Garden drainage improvements project to the discharge point above the  Hyde Park stormwater pond facility.  The report of the hydraulic analysis will be updated and  reviewed with the OWNER once the field work and modeling has been completed. The  culvert system will be designed to function independent of the existing Thermal Ceramics     2  storm system.  Plan and profiles along with the other design information will be updated and  modified to the construction plans and documents for the Wilkinson Gardens project.    f. Due to changes in Erosion and Sediment control requirements since the date of the original  project agreement and plan initiation, the plan set will be updated to meet current Erosion  and Sediment Control measures including the modifications resulting in Sections A‐E above.  This will include a three‐phase plan, required NPDES notes and the appropriate checklist  items.     Alternate 1 – Perform the topographic survey and SUE Level B needed for the proposed storm drain route  along Kratha (from the school to the proposed tie in point at Milledgeville Road). Update the hydraulic  model and prepare the plan and profiles of the proposed storm system for inclusion in the project plan set.  Update bid quantities and prepare the DOT encroachment permit as required. We anticipate that the cross‐ country fiber along Milledgeville Road will require coordination with owners locating company to identify  these. If necessary, the CONSULTANT will help the OWNER to acquire soft dig assistance from specialist that  provide those options.    Alternate 2 – Review the proposed alternate route with the City, and if acceptable, update and modify the  hydraulic analysis and the plan and profiles to reflect the revised storm drain route.    Alternate 3 – Perform the topographic survey and SUE Level B along the proposed storm drain route along  Tubman Homes Rd down to Gordon Hwy to attempt to identify existing conflicts that may impact  construction alternatives. Update the hydraulic model and prepare the plan and profiles of the proposed  storm system for inclusion in the project plan set and update the bid quantities as required.    Project Understanding and Assumptions:    With regard to the Kratha Drive system, we are aware that there is a cross country fiber line in the  area of Milledgeville Road that may impact the project and become an issue.   Upgrades to the site improvements may require significant roadway modifications and may require  modifications of existing water and sewer systems not included within the scope of this project.   Residents near the Tubman and Lionel intersection have complained about standing water and  drainage conditions.  The site is on the edge of the existing study area for the Wilkinson Gardens  drainage project, but the drainage enters a separate drainage system not studied in the original  project.  It appears that the drainage system may be controlled or influenced by downstream  conditions such as runoff from the Southgate Plaza detention pond.     During original analysis of these drainage systems it was determined that the existing system is  routed through and under the Thermal Ceramics facility. The system from the Harvest Table  restaurant under Gordon Highway are not locatable using survey techniques and the condition of  these lines are unknown. Through coordination with the OWNER’s representatives, it has been  determined that seeking an upgrade to this section of the existing system is critical to provide a  sustainable solution to serve users and landowners in the area. It is currently anticipated that the  proposed storm line route will be along Dan Bowles Rd (within the exiting R/W to the extent  possible) to the existing culvert under the railroad. It is assumed that the existing railroad crossing  will be adequate to carry the expected design flows from Wilkinson Garden.    For the reroute of the Thermal Ceramics system, coordination with the railroad will be required to  collect survey data and implement solutions within railroad rights of way. The OWNER will assist with  contacts with the railroad to facilitate right of entry agreements and potential encroachment  agreements.    It is anticipated that there are two cross country fiber lines in the Gordon Highway area that will  require coordination with the owners of the lines to have independent location of these lines  performed.   3  It is assumed that the revised plan set will be reviewed and approved by the City of Augusta staff and will not require separate State review of the plans for construction. The City will assist in any survey efforts by obtaining right of entry from any impacted property owners including the Railroad. Any required easements will be obtained by the Owner and will be prepared by WKD as additional services if requested. Any required DOT or Railroad permits will be applied for by the City of Augusta.  WKD will prepare required exhibits and forms as needed under additional services for items not already specifically stated in the amendment. 2.TIME OF PERFORMANCE. CONSULTANT’s time of performance for the above additional services shall be extended 180 calendar days. 3.COMPENSATION. CONSULTANT shall provide the above Additional Scope of Work for a lump sum fee of one hundred and forty eight thousand one hundred dollars ($148,100.00) as broken out in the following table and with additional fee of $17,100 for Alternate #1, $5000 for Alternate #2 and $20,100 for Alternate #3 if requested by the City. The original project had fees of $15,000 for geotechnical allowance that has not been used and $20,000.00 for construction related services. Should the owner wish to reallocate these fees to help offset the proposed amendment, then the $35,000 can reduce the total amount of additional services requested by an equal amount. Description Total Fee  Investigate Storm Line to Milledgeville Rd  $  7,100  Investigate Alternate Crossing Route at Croft Rd  $  7,700   Modify 90% Construction Plans to add Sidewalk and Storm Sewer   $ 59,300  Investigate Tubman Home and Lionel Street Drainage Issues  $ 19,400  Design Thermal Ceramics Storm Sewer Bypass  $ 37,600  Update the Erosion and Sediment Control Plans to Current Standards   $ 17,000  Alternate #1 – Milledgeville Rd Storm Sewer Design  $ 17,100  Alternate #2 – Croft Rd Route Change  $  5,000  Alternate #3 – Tubman Homes Storm Sewer Design  $ 20,100  Estimated Total Fee         $190,300  4.All services and associated compensation shall be in accordance with the above referenced Contract for Services. OWNER:CONSULTANT:  Augusta Engineering Department W.K. DICKSON & CO., INC.  By: _______________________________________  By: _______________________________________   Title: ______________________________________  Title: ______________________________________   Date: _____________________________________  Date: _____________________________________  May 1, 2020 Vice President Commission Meeting Agenda 7/21/2020 2:00 PM Accountability Court Grant FY21 Department:State Court Department:State Court Caption:Motion to approve to receive grant funds for the State Court of Richmond County DUI and Veterans Court Program awarded by the Criminal Justice Coordinating Council. Background:Grant Awarded to State Court of Richmond County for DUI and Veterans Court Program to assist with operation of the courts. Grant period is from 7/01/2020 to 6/30/2021. Analysis:None Financial Impact:Award total is $175,298 including cash Match of $17,530 which will be from participant fees that are paid monthly to the court. Alternatives:None Recommendation:Approve grant award Funds are Available in the Following Accounts: Org key: 220022638. Cash Match from 204022320-3511410. REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Adult Felony Drug Court Grant in the amount of $360,819 Department:Superior Court Department:Superior Court Caption:Motion to approve acceptance of FY2021 Criminal Justice Coordinating Council-Adult Felony Drug Court Program grant award in the amount of $360,819.00. Background:Grant award advances public safety, reduce crime, reduce costs to our community, and improve individual and community health by providing intensive, integrated, evidence-based court supervision and comprehensive treatment services for drug dependent offenders. Analysis:The grant award assists with the daily operations of Adult Felony Drug Court Program Financial Impact:Total grant award $360,819.00 with total cash match of $36,082.00 paid from participant's fees. Alternatives: Recommendation:Approve grant award. Funds are Available in the Following Accounts: Org Key: 220022635 with local cash match from 205000000- 3511410 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Veterans Court Grant Award in the amount of $107,393 Department:Superior Court Department:Superior Court Caption:Motion to approve the FY2021 Criminal Justice Coordinating Council grant award for Veterans Court Program in the amount of $107,393.00 Background:Grant Award will help in the continuation of the Adult Felony Veterans Court Program, which advances public safety, reduce crime, reduce costs to our community, and improve individual and community health by providing intensive, integrated, evidence-based court supervision and comprehensive treatment services for Veterans Analysis:The grant award assist with the daily operations of Adult Felony Veterans Court Program Financial Impact:Grant award in the amount of $107,393.00 with a 10% local match in the amount of $10,739.00 paid with participant fees from fund 205. Alternatives: Recommendation:Approve grant award. Funds are Available in the Following Accounts: Org Key: 220022637 with local cash match from 205000000- 3511410 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Old Waynesboro Road Sidewalk and Landscaping & Drainage Improvements Department:Engineering Department:Engineering Caption:Approve award of Construction Contract to J & B Construction in the amount of $1,819,119.00 for Old Waynesboro Road Sidewalk and Landscaping & Drainage Improvements. Award is contingent upon receipt of signed contracts, proper bonds and Utility Contactor or Manager License associated to contractor performing utility work. Request by AED. Bid 19-284 Background:Local Maintenance and Improvement Grant (LMIG) is critical for completing Augusta Engineering (AED) roadway maintenance and improvements projects. Each year AED submits LMIG funding request to GDOT with tentative projects list. For the past few years AED is supplementing LMIG funds with TIA-Discretionary funds and SPLOST funds to resurface selected roads and replace/add sidewalks every year. Old Waynesboro Road sidewalks improvements is included in 2020 LMIG funded and approved by the GDOT. In addition, as other funding became available or there is cost savings, AED may include additional roads to resurface or sidewalks Improvements. Analysis:Bids were received on October 15, 2019 with J & B Construction Co. being the low bidder. The bid results are as follow: CONTRACTORS BID 1. J & B Construction $1,789,080.00 2. Reeves Construction Company $1,895,640.50 3. ER Snell Contractor $1,970,529.15 4. Contract Management $1,996,371.19 5. JHC Corp $2,748,430.62 It is the recommendation of the Engineering Department to award this project to J&B Construction upon receipt of required documentation. Financial Impact:Construction is funded by GDOT FY2020 LMIG funds. Alternatives:Do not approve and cancel the project. Cover Memo Recommendation:Approve award of Construction Contract to J & B Construction in the amount of $1,819,119.00 for Old Waynesboro Road Sidewalk and Landscaping & Drainage Improvements. Award is contingent upon receipt of signed contracts, proper bonds and Utility Contactor or Manager License associated to contractor performing utility work. Request by AED. Bid 19-284. Funds are Available in the Following Accounts: GDOT/FY2020 LMIG – 335-04110-54.14310 REVIEWED AND APPROVED BY: Cover Memo OFFICIAL Vendors Attachment "B"E-Verify SAVE Form Addendum 1 Bid Bond Base Price Compliance Review 5% Goal Blair Construction P.O. Box 770 Evans, GA 30809 Contract Management 1829 Killingsworth Rd Augusta, GA 30904 Yes 225306 Yes Yes Yes $1,996,371.19 Yes J & B Construction 3550 Gordon Hwy Grovetown, GA 30813 Yes 229939 Yes Yes Yes $1,789,080.00 Yes J & B Construction 3550 Gordon Hwy Grovetown, GA 30813 $1,819,119.00 E R Snell 1785 Oak Rd Snellville, GA 30078 Yes 22114 Yes Yes Yes $1,970,529.15 Yes Total Number Specifications Mailed Out: 28 Total Number Specifications Download (Demandstar): Task Order - NA Total Electronic Notifications (Demandstar): Task Order - NA Georgia Procuement Registry: Taks Order - NA Mandatory Pre-Bid Conference Attendees: 7 Total Packages Submitted: 5 Total Noncompliant: 1 Bid Opening - Correction Bid Item #19-284 Old Waynesboro Road Sidewalk & Landscape Improvement for Augusta, GA - Engineering Department Bid Date: Tuesday, October 15, 2019 @ 3:00 p.m. Corrections to the extended prices for the Permanent Erosion Control Section as the Subtotal of the extended price was not carried over to vendor Base Price. Section Total $30,395.00 and a deduction to line 702-9025 Shredde Hardwood Mulch from $14,240.00 to $13, 884.00. After both corrections were made a new Total Base Bid is $1,819,119.00. Corrected via Augusta Procurement Code Section Sec. 1-10-50. Sealed bids selection method (3). "After the bid opening, corrections to bids shall be permitted only as to bid price and only to the extent that the bidder can show by clear and convincing evidence that a mistake of a non-judgmental character was made, the nature of the mistake, and the bid price actually intended. Otherwise, no changes in bid prices or other provisions of bids shall be permitted." Page 1 of 2 OFFICIAL Vendors Attachment "B"E-Verify SAVE Form Addendum 1 Bid Bond Base Price Compliance Review 5% Goal Total Number Specifications Mailed Out: 28 Total Number Specifications Download (Demandstar): Task Order - NA Total Electronic Notifications (Demandstar): Task Order - NA Georgia Procuement Registry: Taks Order - NA Mandatory Pre-Bid Conference Attendees: 7 Total Packages Submitted: 5 Total Noncompliant: 1 Bid Opening - Correction Bid Item #19-284 Old Waynesboro Road Sidewalk & Landscape Improvement for Augusta, GA - Engineering Department Bid Date: Tuesday, October 15, 2019 @ 3:00 p.m. Reeves Construction 1 APAC Industrial Way Augusta, GA 30907 Yes 667047 Yes Yes Yes $1,895,640.50 Yes JHC Corp 1029 Peachtree Pkwy., N Suite #359 Palmetto, GA 30268 Yes 413897 Yes Yes Yes $2,748,430.62 No / Non- Compliant Page 2 of 2 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: The project is authorized to approve the award of construction contract to J&B Construction in the amount of $1,819,119 fopr Old Waynesboro Rd Sidewalk and landscaping & Drainage Improvements. Funding is available in the FY2020 LMIG funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. LMIG FUNDS 1,819,119$ 1,819,119$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB# N/A CAPITAL PROJECT BUDGET OLD WAYNESBORO RAD SIDEWALK AND LANDSCAPING & Honorable Hardie Davis, Jr., Mayor DRAINAGE IMPROVEMENTS BID #19-284 1 of 2 7/10/2020 Augusta-Richmond County, Georgia CPB# N/A CAPITAL PROJECT BUDGET OLD WAYNESBORO RAD SIDEWALK AND LANDSCAPING & DRAINAGE IMPROVEMENTS BID #19-284 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB LMIG 335-041110-54.14310 ($1,819,119)$0 ($1,819,119) TOTAL SOURCES:($1,819,119)$0 ($1,819,119) USE OF FUNDS LMIG 335-041110-54.14310 $1,819,119 $0 $1,819,119 TOTAL USES:$1,819,119 $0 $1,819,119 2 of 2 7/10/2020 Invitation to Bid Sealed bids will be received at this office until Tuesday October 15, 2019 @ 3:00 p.m. for furnishing: Bid Item #19-284 Old Waynesboro Road Sidewalk and Landscape Improvement Project for Augusta, GA – Engineering Department Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable are $240.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, September 5, 2019. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. A Mandatory Pre Bid Conference will be held on Friday, September 27, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, October 1, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bid may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. 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 5, 12, 19, 26, 2019 Metro Courier September 5, 2019 Revised: 2/2/2016 " , NAME,,,-,,._ I. � 2. � an�7willlilm: '-:'f./ / /4-i·r � 1 '// ./ I --} 3.']; Q V--fe..:tt- �wdev 4. fJ-t!llilf-.J711t s sc�:p "pP_'1l.t 6.�J'IA-,.....1 � <:;)r-,..lG�(2<,\_ 7. '�;,.;• 'C-):::_ ·-_DJ� •"OJ Mandatory Pre-Bid Conference Sign-in Sheet Bid Item #19-284 Old Waynesboro Road Sidewalk and Landscape Improvement Project For Augusta, Georgia -Engineering Department Friday, September 27, 2019@ 10:00 a.m. PLEASE PRINT I r�i. COMPANY/DEPT. l�em Proc�ement?:( / /' V Co,JtP..Ac.,-r µ1 A-Uf¥s6AEµ r/LC, T� Co\\l+ +-:>et11<.. Y,rc:� :p.;(! £.(}, .s�,1 R�<-"e..s c., 1'..ls:f n;..._ C'?'( ,:,i,.J Gf\-\(?A•� '3/e:v/r /4,,;4,,,/l'YC--/i Or? ADDRESS/CITY/STATE/ZIP CODE 535 Telfair Street, Suite 605 Augusta, GA 30901 535 Telfair Street,Suite 605 Augusta, GA 30901 I t3 2.. � /vLJ..{uo.s II ow< R� A-uc,\)6"6"4-Gi,t4 /2 0504- 3Ssl>&o,-c!,N Hwy (}-�ve:{c5 wLJ <3-14 3011.:, nAf o"f /( I<. J ?11t/! Vi JI(. I ',( -<0/J J 8 I AP..,,,.c. r�o-...s,.,<z..1 � t..J. r;.,,1 {4t:.t.c....._5if'r.., I l,,P. _Jo'fQ1 ,-/=?t? · /3t7X })o /-C'-y�,.,,, J> b4 f?'pPt TELEPHONE FAXNUMBERNUMBER 706-821-2423 706-821-2811 706-821-2888 706-821-2811 7a 6/DZ foJ.3 ?Ob �7 90lf- 7d� l:>5"1) IS-/� --Jo&, t:,'t['c /51..3 1. ?O·'f85·0tlb 1.10-qe'S--i<t17 7ot,-731 -J:;3� �lo-73/-�{,.J.� 7.t??-7·-S$-··/9'so 7t7�-Pr���5 EMAil, procbidandcontract@augustaga.gov procbidandcontract@augustaga.gov k-1rett1o@ C(,n-tvruJ· lflJH.J ,.,.c... L U., "4_ J bu� f 15 Ytt: '::..et)atJ/,Ct,,n b,, J1 �eiu"'et I . <-6""' bc(:,..pc:.r@ r�eJ�>cc. C,.,- pu,f-/;e-k � ,bP,I et:PJ'9f / .,v.:;J,'�,. � Prime/Sub p\l','J.te_ <f'r1-t>1€.. ? p � �;,e • NAME 8. 9. 10. b4f 1)0f-< 11. � Ort.rt� i2. � WUtJl'5ffr;; 14 • .//t#fff 0 fll�l.::fll--, 15.�..-&>'c� �cot� Mandatory Pre-Bid Conference Sign-in Sheet Bid Item #19-284OId Waynesboro Road Sidewalk and Landscape Improvement Project For Augusta, Georgia -Engineering Department Friday, September 27, 2019@ 10:00 a.m. PLEASE PRINT )� 7-- COMPANY/DEPT. � 14- tJ,oue fftf Pu (J:rtJ D$lAf1tv' Jl-\C CoY-p. ADDRESS/CITY/STATE/ I TELEPHONEZIP CODE NUMBER 4-7t-.J,�59n,, 4'?8' n f>l<,!1w'6.. r ()a... I 76� l{jkU-e.A 36W' '5c(;-8t;-75 \So tJ I vic\u..s+n·a\ Pac,l� G,,f-&zeo� c-,,c') Ys, �c.'5""� �,�¥ 5r-�Bf--/0/o-'it'Ar D�r/ l:5i?O f Ail9WJ--d'::II ?iff{)"-I 78q�rirnp\\&'\� 5:!:>5 \.iTcl\&ir 6-\-. t]O� Uc£/L65°P � �C\Ol �1-d®� /rG-T) I �1/ �tr:� ._ � J1', M 1,qtt 716 ,. 716-­ Jll 4u AEJJ 4-Sl \NrJJ�er 51, 1(10'-) �sa - �si.,, GiA-�OCfo 1 qi--cr' FAX NUMBER I EMAIL ---- - - - N/t} C /4.:J �/(�e,tro e p/lMU·f ... � lj SJ"Q.@ .J l-l C - corp . l,o VV' �z� Av��jO '¥st!€ 'A-t�,�- 'P'J"'e-e,.bl @ �-Y' Prime/Sub Commission Meeting Agenda 7/21/2020 2:00 PM Monument committee Department: Department: Caption:Update on monument committee. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Curbside recycling program Department: Department: Caption:Discuss ending the flawed curbside recycling program. (Requested by Commissioner Sammie Sias) Background:On 23 January 2020, the Environmental Department briefed the commission that the Augusta Recycling program is failing daily and losing thousands of dollars, while accumulating expenses . 1) Many cities across the nation has either suspended or terminated their money losing recycling programs. 2) Nearly 90% all of our recycling material ends up in our landfill due to contamination or the inability to sell it at a profit. 3) Payments to lease the transfer station is a waste of taxpayer monies. 4) We should not continue any program that only benefits certain contractors or businesses. 5) Projected losses due to COVID-19 demands that we eliminate this wasteful expense. Analysis:1. End recycling curbside pickups. 2. Utilize recycling containers for regular garbage 3. Continue utilizing subcontractors to assist in the transition. 4. Plan for the immediate future waste disposal. Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts:Cover Memo REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Cc: Subject: Attachments: Commissioner Sammie Sias Wednesday, July 15,2020 5:42 PM Lena Bonner Nancy Morawski; Mark Mehall;Jarvis Sims; Hameed Malik Augusta Recycling Program Recycling Program Problems.docx Ms Bonner, Please add the following item to the Commission Agenda for 21July 2OZO. Discuss ending the flawed curbside recycling program. Background: L. On 23 January 2020, the Environmental Department briefed the commission that the Augusta Recycling program is failing daily and losing thousands of dollars, while accumulating expenses .2. Many cities across the nation has either suspended or terminated their money losing recycling proBrams. 3. Nearly 90o/o all of our recycling material ends up in our landfill due to contamination or the inability to sell it at a profit. 4. Payments to lease the transfer station is a waste of taxpayer monies.5. We should not continue any program that only benefits certain contractors or businesses.6. Projected losses due to COVID-19 demands that we eliminate this wasteful expense. Suggestions: 1. End recycling curbside pickups. 2. Utilize recycling containers for regular garbage 3. Continue utilizing subcontractors to assist in the transition.4. Plan for the immediate future waste disposal. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" Commission Meeting Agenda 7/21/2020 2:00 PM Mask Up Augusta campaign Department: Department: Caption:Plan a MaskUp Augusta campaign to include providing masks to members of the community. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Subject: Ms. Bonner: Mayor Hardie Davis, Jr. Thursday, July 16,2020 8:56 AM Lena Bonner Agenda ltems Please include the following on the agenda for next week: 1. Discuss the resumption of committee and commission2. Plan a MaskUp Augusta campaign to include providing meetings in August 2020. masks to members of the community This e-mail contains confidential information and is intended only for the individual named. lf you are not the named addressee, you should not disseminate,distribute or copy this e-mail. Please notify the sender immediately 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 forthe content of this e-mail orforthe consequences of any actions talien on the basis of the information provided, unlessthat information is subsequently confirmed in writing. Any views or opinions presented in this e-mait are solely those o{the author and do not necessarily representthose ofthe City ofAugusta. E-mail transrnissions cannot be guaranteed to be secure orerror-free as informition could be intercepted, corrupled, lost, desiroyed,arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which ariie asa result of the e-mail transmission. lf verification is required, please request a hard copy version. AED:10,1.1 Commission Meeting Agenda 7/21/2020 2:00 PM Resumption of committee and commission meetings Department: Department: Caption:Discuss the resumption of committee and commission meetings in August 2020. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Contact tracers for Richmond County Department: Department: Caption:Discuss the hiring of contact tracers for Richmond County to aid in stopping the spread of the virus. (Requested by Mayor Hardie Davis) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Subiect: Please add: Mayor Hardie Davis, Jr. Thursday, July 16, 2020 9:12 AM Lena Bonner Agenda ltems 1. Discuss the hiring of contact tracers for Richmond County to aid in stopping the spread of the virus This e-mail contains confidential information and is intended only forthe individual named. lf you are not the named addressee, you should not disseminale,distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. ]ne pitv of Augusta accepts no liabillty for the content of this e-rnail or for the c-onsequences of any actions taien on the basis of the information provided, unlessthat inf-ormation is subsequently co.nf,rmed in writing. Any views or opinions presented in this e"mail are solely those of the author ancl do not necessarily representthoseoftheCityofAugusta E-mail transmissionscannotheguaranieedtotesecureorerror-freeasinformitir:ncouldbeintercepted,corrupted,tost,destroyed, arrive lale or incomplete, or contain viruses. The sender therefore does not accept liability for anv errors or omissions in the content of this message which arise asa result of the e-mail transmission. lf verification is required, please request a haid copy version. AED:1021.1 Commission Meeting Agenda 7/21/2020 2:00 PM Mental Health Court Grant Award in the amount of $100,111 Department:Superior Court Department:Superior Court Caption:Motion to approve the acceptance of FY 2021 Criminal Justice Coordinating Council grant award in association with the Adult Mental Health Court Program in the amount of $100,111.00 Background:CJCC FY2021 Grant award is for the continuation of the Adult Felony Mental Health Court Program, which advances public safety, reduce crime, reduce costs to our community, and improve individual and community mental health by providing intensive, integrated, evidence-based court supervision and comprehensive mental health services for mentally ill offenders. Analysis:The grant award assists with the daily operations of the Adult Felony Mental Health Court Program. Financial Impact:Total grant award in the amount of $100,111.00 with a local match of $10,011.00 paid with participant fees from fund 205. Alternatives: Recommendation:Approve grant award. Funds are Available in the Following Accounts: org Key : 220022636 with cash coming from 205000000- 3511410 REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Abolish the Augusta Land Bank Authority Department: Department: Caption:Abolish the Augusta Land Bank Authority/discuss/received information consisting of a total list of all properties when they were purchased and a copy of the rules governing the Land Bank Authority. (Deferred from the June 24, 2020 meeting.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/21/2020 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo