HomeMy WebLinkAbout2012-11-26-Meeting Agenda
Public Service Committee Meeting Commission Chamber- 11/26/2012- 12:50 PM
PUBLIC SERVICES
1. New Ownership Application: A.N. 12-47: A request by Tonya
D. Capers for an on premise consumption Liquor, Beer and
Wine license to be used in connection with Rendezvous At
Three located at 1524 Gordon Highway. There will be Dance.
District 2 Super District 9.
Attachments
2. New Application: A.N. 12-48: A request by Dewayne Pearson
for an on premise consumption Beer and Wine License to be
used in connection with Tru Ikonz Clubhouse & Sportsbar
located at 1204 Ellis Street. There will be Dance. District 1
Super District 9.
Attachments
3. New Ownership Application: A. N. 12-49: A request by
Hitoshi Kaneko for an on premise consumption Liquor, Beer &
Wine License to be used in connection with Miyabi Kyoto
Japanese Steak House located at 1315 Augusta West Parkway.
There will be Sunday Sales. District 3. Super District 10.
Attachments
4. Approve contract for use of a consultant to identify previously
undiscovered occupational tax revenue.
Attachments
5. Motion to approve award of Bid Item 12-181, Butler Creek
Park Project, to Beam's Contracting for $649,466.85.
Attachments
6. Motion to approve Change Order #1 for an additional
$473,858.00 in fees to Virgo Gambill Architects on the
Augusta, Georgia Municipal Building Renovations and
Modernization due to an increase in their scope of work.
Attachments
7. Motion to receive as information for Utilization of the May
Park Fire Station by the Recreation Department.
Attachments
8. Motion to approve the minutes of the Public Services
Committee held on November 12, 2012.
Attachments
www.augustaga.gov
9. Receive as information a presentation by the Administrator on
planning for Augusta Departments space needs as we move
forward.
Attachments
10. Motion to approve expenditure of SPLOST funds dedicated to
the New TEE Center, in the amount of $991,561.00, for design,
fabrication, installation and startup of all scope associated with
the new Pedestrian Bridge.
Attachments
11. For Discussion. Consider amending Augusta-Richmond
County Code Section 6-2, Alcoholic Beverages, so as to
increase the retail alcohol license fees (off-premises
consumption), and waive second reading. (Effective 12/5/2012)
Attachments
Public Service Committee Meeting
11/26/2012 12:50 PM
Alcohol Application
Department:Planning & Development
Caption:New Ownership Application: A.N. 12-47: A request by Tonya D.
Capers for an on premise consumption Liquor, Beer and Wine
license to be used in connection with Rendezvous At Three
located at 1524 Gordon Highway. There will be Dance. District 2
Super District 9.
Background:This is a new ownership application. Formerly in the name of
Latron Ware.
Analysis:The applicant meets the requirements of the City of Augusta
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $2,660.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
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Item # 1
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Item # 1
Public Service Committee Meeting
11/26/2012 12:50 PM
Alcohol Application
Department:Planning & Development
Caption:New Application: A.N. 12-48: A request by Dewayne Pearson for
an on premise consumption Beer and Wine License to be used in
connection with Tru Ikonz Clubhouse & Sportsbar located at 1204
Ellis Street. There will be Dance. District 1 Super District 9.
Background:This is a new ownership application.
Analysis:The applicant meets the requirements of the City of Augusta
Alcohol Ordinance.
Financial Impact:The applicant will a pro-rated fee of $755.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
Attachment number 1 \nPage 1 of 2
Item # 2
Attachment number 1 \nPage 2 of 2
Item # 2
Public Service Committee Meeting
11/26/2012 12:50 PM
Alcohol Application
Department:Planning & Development
Caption:New Ownership Application: A. N. 12-49: A request by Hitoshi
Kaneko for an on premise consumption Liquor, Beer & Wine
License to be used in connection with Miyabi Kyoto Japanese
Steak House located at 1315 Augusta West Parkway. There will
be Sunday Sales. District 3. Super District 10.
Background:This is new ownership. Formerly in the name of Koichiro Maeda.
Analysis:The applicant meets the requirements of the City of Augusta
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $3,492.50
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 3
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Item # 3
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Item # 3
Public Service Committee Meeting
11/26/2012 12:50 PM
Approve a contract for consultant to discover and collect occupational tax revenue
Department:Planning and Development
Caption:Approve contract for use of a consultant to identify previously
undiscovered occupational tax revenue.
Background:At the July 17, 2012 meeting the commission unanimously
approved moving forward with this initiative which began at the
July 13, 2011 retreat. At the retreat staff was directed to pursue
additional revenue including the hiring of a “headhunter” to
identify and collect previously undiscovered business license
revenue. Staff proceeded cautiously refining and narrowing down
the initiative to the most achievable and likely to succeed portions
of the original scope. We now have a contract ready for
execution that provides clear responsibilities for the City and for
the contractor, and we believe that it is very favorable for the
City. It has been approved by Legal, Finance, and IT. Funds were
identified to make minor necessary software modifications which
have been completed and the only other cost that the City might
have to incur would be for use of the consultant’s clerks to input
data if we choose to use them instead of our own employees.
Analysis:The contract provides an opportunity to collect revenue that is
currently due that would otherwise not be discovered and also for
the staff to have the benefit of working with the consultants who
have a history of success in similar endeavors.
Financial Impact:
Alternatives:Approve or Deny
Recommendation:Approve, allow Staff to make minor editorial revisions to contract.
Funds are Available
in the Following
Accounts:
Contract would pay the City 50% of all revenue discovered and
collected. Clerical costs are included in the department’s 2013
budget, but they may not be needed and will almost certainly be
less than revenue generated. Cover Memo
Item # 4
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
AGREEMENT
WHEREAS, The Augusta Code at 2-1-1, 2-2-20, and 2-2-36 provides for the collecting
of an occupational tax for engagement in a business, trade, occupation, or profession in Augusta,
Georgia; and
WHEREAS, Augusta (hereafter City) wants to assure that all due revenue from
occupational taxes have been collected and to that end solicited interest from revenue consultants
in entering an agreement to search for and collect previously undiscovered delinquent
occupational tax revenue; and
WHEREAS, A Private Company (hereafter PReMA Corp.) submitted a proposal which
was accepted by the Augusta Commission on July 17, 2012 subject to their subsequent approval
of an agreement between both parties and identification of funds to cover associated costs
outside the agreement; and
OW THEREFORE, in consideration of the covenants and promises contained herein,
Augusta and PReMA Corp. mutually agree as follows:
A. Project Start Date. PREMA Corp shall begin providing the City with revenue
services for the identification of non-compliant businesses in Augusta and the collection of the
appropriate license taxes and fees with respect to Occupation Tax; to include non-compliant
businesses that do not possess a fully paid 2012 Business Tax Certificate, upon authorization to
proceed and execution of this document. Mobilization and start-up activities (e.g. software
configuration, activation of databases, preparation of business notifications and forms) will be
performed in preparation of field work activities to begin within three to four weeks of
mobilization.
B. Departmental Cooperation. Both the City and PREMA Corp understand and
realize that this is a contingency funded project and that the success of the project is totally
dependent on a cooperative and supportive attitude from the Department, its Revenue staff, and
its Court of Law, the City hereby agrees that its revenue staff and/or inspectors will not conduct
field inspections for purposes of identifying or discovering unlicensed and/or non-compliant
businesses that are eligible for discovery and compensation by PReMA for the period
commencing on the date of approval of contract documents by the Commission of Augusta,
Georgia until 120 days following such approval. This would not prohibit the City from
collecting the occupation tax from any business newly established within 30 days prior to the
project start date who comes to the office or otherwise contacts the office voluntarily, provided
the person, company, or business does not appear on the PReMA Corp Master Inventory List.
The City agrees that prior to issuance of a business occupation tax certificate under the
circumstances mentioned above, they will check the PReMA Corp Master List and if that person
or business name appears on the PReMA Master List, then the business occupation tax
application and related documents will be clearly and distinctly marked REP, (Revenue
Enhancement Project) and PReMA Corp will be entitled to compensation based on the revenue
collected. This provision will serve to avoid confusion on the part of the taxpayers, provide the
City and the Consultant with the greatest opportunity to succeed, and avoid financial losses.
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C. Applicable Taxes. Services provided by PREMA shall be limited to the
Business License/Occupation Tax or such other revenues as the City may determine and request
PReMA Corp to provide services to identity and collect those additional revenue sources
including audits of revenue accounts as authorized by the City
D. Eligibility of Business Tax and License Accounts for Discovery and
Compensation. The City and PREMA Corp agree that all non-compliant businesses
(excluding businesses with a fully paid 2012 Business Tax Certificate)), business activity or
transactions discovered by PREMA Corp shall be eligible for inclusion and calculation for
compensation unless the business holds a 2012 Business Tax Certificate valid upon
authorization to proceed and execution of this document.
D.1. All discoveries that do not appear on Augusta’s Business License and Tax
database which have not paid the required occupation tax and obtained a 2012 Business
Tax Certificate upon authorization to proceed and execution of this document shall be
eligible for inclusion in Consultants compensation. The period of eligibility shall include
all years consistent with City Ordinances, Codes, Statue of Limitations, Franchise
Agreements, and current City practices which includes license years 2009 through 2012.
E. Collection of Applicable Taxes and/or Fees. PREMA Corp will begin
collecting the applicable taxes, fees, penalties, and interest on the project start date and will
continue to collect the applicable taxes and fees until such time as this Agreement expires or is
terminated. Disbursements, net of PReMA Corp fees, will be made by either wire transfer or by
ACH into City’s designated account on a weekly basis during the filing and payment period for
the respective applicable taxes, fees, penalty and interest collected, provided the taxpayer(s) has
paid in full for all applicable years and a minimum of $500 is available to disburse. Reports
provided as part of the Scheduled Services will be provided to City with Reports of
Disbursement. Twenty-four hour access to collection data and taxpayer reporting will be made
available to City’s designated staff via internet access.
F. Provision of Client Data. The City shall provide PREMA Corp with the most
current and active business database including, but not limited to, business name, dba name,
physical address, account number, and most recent Business Tax Certificate effective data no
later than thirty (30) days prior to the project start date. As of the Project Start Date, ALL
eligible businesses, as defined in Section D of this Agreement , will be subject to the terms of
this schedule.
F.1. Due to the complexity of the data scheme, the presence of many related
tables used in the fee generation process, and the interaction required by the tables with
software code to make tax calculations, the database information provided to PREMA
Corp shall not include tax fee tables or other related parent/child tables. City is likewise
not obligated to provide PREMA Corp with proprietary software code, programs,data
inquire language, or excerpts, printouts, or exports thereof.
G. Scope of Services. PReMA Corp will provide the following services relative to
discovery of non-compliant businesses in Augusta, Georgia for all years applicable:
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G.1. Inventory. The initial process will include, but not be limited to:
G.1(a) Physical identification and personal contact with the business as
necessary. Both parties recognize that there may be entities such as institutions
and industries that are either exempt under federal, state, or local laws, or are
properly licensed but may have under their “umbrella” individuals who are
independent contractors or who conduct independent activities at a single
location in the City that may require a business license. It is agreed that, PREMA
Corp will contact management of such entities to seek management's cooperation
before contacting individuals or individual independent contractors. Should
PReMA be unable to secure cooperation of Management and a list of independent
contractors for which the aforesaid entities conduct business with and are under
their “umbrella,” then PReMA will notify the City informing them of the lack of
cooperation or refusal of the entity to provide a list of such independent
contractors or individuals.
G.1(b) Identification of specific location where business clusters may be
located. This information can be utilized by the City to assign GEO code
designations to the Client’s map. GEO code designations will assist the City in
economic development trends, financial trends and analyses, etc.
G.1(c) Identify and confirm businesses that have business presence
(nexus) in Augusta, Georgia but are located outside of Augusta. The City
understands that not all businesses providing services and products in Augusta but
who do not have a physical address in Augusta, can be identified during the term
of the field inventory process.
G.1(d) Telephone and Internet investigations
G.1(e) Comparison of all available data to listing of businesses currently
licensed (e.g. Georgia Secretary of State, Augusta Chamber of Commerce etc.)
G.1(f) Send written notices of the requirement for license:
G.1(f)(1) Deliver and/or mail a First Notice
G.1(f)(2) Follow up with mailing a Second and Third/Final
Notice of Tax and License requirement
G.1(f)(3) PReMA Corp will advise designated City staff of
license/tax status if no response to Third and Final Notice and City
staff and/or City Attorney with documentation required for further
enforcement to be done at the discretion of the City.
G.2. Internet Access. The City will be provided with secure internet access to
view and download real-time data from PREMA Corp’s licensing records twenty-four
hours a day, seven days a week.
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G.3. Cross Reference. PREMA Corp will coordinate with the City’s Auditors
to cross reference businesses and vendors to maximize compliance
G.4. Collections Services. PREMA Corp will collect the appropriate taxes,
fees, penalty, and interest on behalf of the City.
G.4(a) Receive license applications
G.4(b) Follow up with occupation tax, fee, penalty, and interest
calculations and invoicing
G.4(c) Receive all occupation tax payments via PReMA Corp fbo
Augusta bank lock box
G.4(d) Provide the City with taxpayer information, payment information,
and other documentation provided to PReMA Corp by taxpayer on paid-in-full
taxpayer accounts for the City’s final review and City’s issuance of applicable
year’s business tax certificates.
G.4(e) Deposit, via either ACH or wire transfer, occupation taxes, fees,
penalty and interest amounts received on behalf of the City directly into the City’s
designated bank account during the collection phase of the Project, after
deduction of PREMA Corp’s contingency fee.
G.4(f) Provide the City with report of taxpayer activity along with
deposit.
G.4(g) Data Entry/License Clerk. PReMA Corp will provide one full
time employee (FTE) on-site in the City's License Department. This full time
employee shall be an employee of PReMA and not the City for any purpose.
PReMA employee will provide, on behalf of the City, data entry and account
maintenance for all newly discovered taxpayer accounts as a result of the Revenue
Enhancement Project in accordance with Section J.4. Employee may also serve
as the point of contact for taxpayers seeking assistance with payment of
Occupation Tax invoices as a result of the Revenue Enhancement project. The
initial term of this provision shall be for a twelve month period beginning with the
first deposit date of revenue, however it is understood and agreed that the services
will be provided on a month to month basis until such time as the progress of the
project is suitable for transition of responsibilities to a City employee as
determined by the City. PReMA will use it’s best efforts to facilitate an orderly
and timely transfer of the services to the City.
G.5. Delinquencies. PReMA Corp will provide taxpayer delinquency
notification (up to three notices and/or invoices, including final notice/invoice) before
turning over to the City for further enforcement/collection.
G.6. Delinquent Closeout. The City shall be advised by PReMA Corp of any
amounts outstanding or of non-responsive taxpayers after the 3rd and Final Invoice
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and/or third and final notice, respectively, has been provided to taxpayer. Two categories
of taxpayers will be identified: (1) Taxpayers who have been invoiced, but have not paid
in full; and (2) Taxpayers who have not responded to Notice(s) of Non-Compliance. The
City shall take whatever action is necessary and appropriate in the determination of the
City to collect said amount. .
G.7. Call Center. PReMA Corp will provide the City and taxpayer with a call
center for customer service during the PReMA’s normal business hours via a toll-free
number.
G.8. Documentation. PREMA Corp will provide the City with the following
documentation:
G.8(a) Schedule of current month Occupation Tax and Fee remittances by
taxpayer and indicating period covered by remittance;
G.8(b) Summary indicating gross collections, fee for services, and net
collections for the period, including the total amount deposited in the City’s
account on each deposit date.
G.9. Deposit of Funds. PREMA Corp will ensure that tax amounts received
on behalf of the City will be deposited directly into the City’s designated bank account no
less than once per week during the Revenue Services project, provided the taxpayer
account has been paid in full for all years applicable and funds available to deposit are at
least $500.
H. City Assistance. City shall assist PREMA Corp as follows:
H.1. Interpretation of Applicable Ordinances and Codes. City staff will
provide assistance related to interpretation of City ordinances and codes as well as
interpretation of the structure of the data provided to PReMA.
H.1(a) PReMA Software Configuration. City staff will provide
information required for PReMA's software configuration via a question and
answer format and/or data configuration template. PReMA Corp may ask
questions throughout the configuration process for accurate and concise
information.
H.2. Maps and Boundaries. Provide City boundary address information and
maps for Augusta-Richmond County. Maps should provide boundary information for
the City of Hephzibah and the town of Blythe.
H.3. Provide license application form.
H.3(a) The City will allow temporary modification of business license
application form to include all applicable and required information from business,
including other data as may be required to adequately process application for
immediate calculation for invoice.
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H.4. Provide other forms as may be required to administer collection of
required taxes, fees, penalty, and interest.
H.5. Provide applicable Codes and other documents relating to the City’s
Occupation Tax requirements, and approved letters and forms for use in notification of
the City’s licensing requirements.
H.6. Approve identification badges, business cards, and other identifier
determined to be necessary for field operations.
H.7. Security for field personnel as agreed upon on a case by case basis by both
parties.
I. Obligation of City.
I.1. City furnished data. In addition to any obligations of City set forth
elsewhere in this Agreement, City will promptly provide to PReMA Corp all data in
City’s possession relating to or which may be necessary for PREMA Corp’s performance
of the Services, with limitations as identified in Section F.1 of this Agreement. PReMA
Corp shall be permitted to rely on the accuracy, timeliness, and completeness of the
information provided by the City, and in no event shall PReMA Corp be liable to the City
as a result of such reliance.
I.2. Calculation Tests. City will furnish to PReMA Corp a maximum of
forty (40) testing scenarios to ensure that the calculation of tax fees is done in accordance
with City's Business Occupation Tax Ordinance relative to each year's rate schedule(s),
fees, penalties, and interest. Prior to the Start of the project, PReMA Corp and the City
will mutually agree that the tax calculation methods employed by PReMA Corp, and used
upon Augusta business data, is acceptable. City will provide test results and confirmation
of approval to PReMA Corp to move forward within five days of submission of
calculation scenarios to City.
I.3. Access to facilities and property. City will make its facilities accessible
to PReMA Corp during the City’s regular office hours as required for PReMA Corp to
perform the services, including an office for up to four field staff and access to the City's
internet service. Access to City computer equipment, system software, and network will
be limited to a computer(s) at the Planning and Development Office with credentials
equivalent to those of a business license clerk, with the exception of the cashiering
module (which is not required for this process). City staff will be available during the
City’s regular office hours to assist PReMA Corp or temporary employees with questions
related to City records, processes, and data.
I.4. Timely Review. City will promptly examine PReMA Corp’s reports,
specifications, notices, proposals, and other documents. In the event that a decision is
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required of City in order for PReMA Corp to perform the Services, City shall render such
decision in writing in a timely manner.
I.5. Litigation Assistance. The Services do not include services that PReMA
Corp may be required or requested to provide to bring or to defend in litigation
undertaken or defended by City (“Litigation Services”). Costs and expenses related to
such litigation services required or requested by PReMA Corp by City will be reimbursed
by City at PReMA Corp’s actual cost.
J. Fees. City shall pay PREMA Corp the following fees in connection with the
performance of the Scheduled Services:
J.1. A fee of 50% of collected Occupation Taxes and related fees, penalties
and interest and remitted to the City during the term of this Agreement and as provided in
Section G.4 above.
J.2. A fee of 50% of total tax, fees, penalties, and interest due and payable and
collected by the City as provided in Section G.6 for those taxpayers who have not paid in
full.
J.3.
J.4. A total fee of $62,400 per year, (invoiced at $5,200 per month) for
services of full time data entry/license clerk on a month to month basis to be located in
the City's License Department as provided in Section G.4(g).
J.5. In the event that the Fees consist of an hourly component, the City
acknowledges and agrees that PReMA Corp may perform the Services using labor from
PReMA Corp's affiliated companies, and such labor shall be billed to Client under the
same billing terms applicable to PReMA Corp's employees.
K. Expenses. No expenses incurred by PReMA Corp in the course of performing
the Services shall be invoiced to the City unless approved in advance by the City.
L. Invoices and Terms of Payment.
L.1. Submission of Invoices. City acknowledges and agrees that the fees
earned in the collection of Business Occupation Taxes (e.g. business license fees) by
PReMA Corp pursuant to this Agreement will be withheld by PREMA Corp from the
remittances paid to the City in connection with its performance of the Services; provided
however, that with respect to such fees and reimbursable expenses PReMA Corp shall
issue to the City a monthly statement setting forth the manner in which such fees and
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reimbursable expenses were determined and the amount withheld with respect to the
payment of such fees and reimbursable expenses.
L.2. Payment of Invoices; Accrual of Interest on Unpaid Balances. Invoices,
if applicable, are due and payable on receipt. Interest shall accrue on all unpaid balances
at a rate of one and one-half percent (1½%) per month or the maximum rate permitted by
law, whichever is less. Said interest will begin to accrue on the thirtieth (30th) day
following the date the invoice is received. Payments will first be credited to interest then
to principal. In the event that the City disputes or contests an invoice, only that portion so
disputed or contested in good faith shall be withheld from payment and the undisputed
portion shall be paid. Interest shall accrue on any contested portion of the invoice and
shall be payable immediately if the contested invoice is resolved in favor of the PREMA
Corp.
L.3. Failure to Timely Pay Invoices; Suspension of Services. If the City
fails to fully pay an invoice within 30 days of the date due of the payment of said invoice,
PReMA Corp may, after giving thirty (30) days written notice to the City, suspend the
rending of Services under the Agreement until said invoice is paid in full, together with
all interest that has accrued thereon. In the event of suspension of services under this
Section L.3, PReMA Corp will have no liability to the City for delays or damages caused
by the City because of such suspension of services.
M. Standard of Care; Insurance
M.1. Standard of Care. The standard of care applicable to PReMA Corp’s
provision of the services will be the degree of skill and diligence normally employed by
professionals performing the same or similar services within the State at the time PReMA
Corp's services are performed.
M.2. Insurance. Throughout the term of the Agreement PREMA Corp shall
maintain the following insurance:
M.2(a) Worker’s Compensation Insurance. Workers compensation and
employers liability insurance as required by the State.
M.2(b) Automobile and vehicle liability insurance. Comprehensive
automobile and vehicle liability insurance covering claims for injuries to
members of the public and/or damage to property of others arising from use of
motor vehicles, including onsite and offsite operations, and owned, non-owned, or
hired vehicles, with $1 million combined single limits.
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M.2(c) Professional liability insurance. Professional liability insurance
covering claims for any error or omission, with $1,000,000 limit of liability.
N. General Legal Provisions.
N.1. Authorization to Proceed. City authorizes PReMA Corp to proceed with
providing the Services and hereby designates PReMA Corp as an Agent acting for and on
behalf of Augusta, Georgia unless otherwise provided for in this Agreement.
N.2. Force Majeure. PReMA Corp is not responsible for damages or delay in
performance caused by acts of God, strikes, lockout, accidents, or other events beyond
the control of PReMA Corp.
N.3. Limitation of Liability. PReMA Corp’s liability for City damages, in the
aggregate, shall not exceed the total fees received by PReMA Corp under this
Agreement. PReMA Corp shall not be liable for fines or civil penalties, which may be
imposed by a regulatory agency, which are occasioned by the provision of the Services.
The limitations of liability contained in this section shall apply whether PReMA Corp’s
liability arises under breach of contract or warranty; tort, including negligence; strict
liability; statuary liability; or any other cause, except for willful misconduct or gross
negligence. Said limitations shall apply to PReMA Corp’s officers, directors, affiliated
corporations, employees, and subcontractors.
N.4. Indemnification. PReMA Corp shall indemnify and hold City harmless
from any and all claims, damages, losses, and expenses, including litigation costs and
attorney’s fees, to the extent that such are due to the gross negligence or willful
misconduct of PReMA Corp directly related to performance of the Services. Similarly,
the City shall indemnify and hold PReMA Corp harmless from any and all claims,
damages, losses, and expenses, including litigation costs and attorney’s fees, to the extent
that such are due to gross negligence or willful misconduct of the City directly related to
PReMA Corp’s performance of the Services.
N.5. Consequential Damages. To the maximum extent permitted by law
PReMA Corp and PReMA Corp’s affiliated corporations, directors, officers, employees,
and subcontractors shall not be liable to the City for special, indirect or consequential
damages, whether such damages arise out of breach of contract or warranty, tort
including negligence, strict or statutory liability, or any other cause of action. In order to
protect PReMA Corp against indirect liability or third-party proceedings the City will
indemnify PReMA Corp for any such damages.
N.6. Amendment. No amendment/termination of any provision of this
Agreement of the Appendices shall be valid unless the same shall be in writing and
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signed by all of the parties. No waiver by any party of any default, misrepresentation, or
breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to
extend to any prior or subsequent default, misrepresentation, or breach of warranty or
covenant hereunder or affect in any way any rights by virtue of any prior or subsequent
such occurrence.
N.7. Termination. This Agreement shall become effective on the Agreement
date and shall continue to be in force for one year after which time for 60 days thereafter
PReMA Corp may continue to collect revenue from collection efforts initiated within the
initial one year period. The Agreement may be terminated by either party for cause upon
ninety (90) days written notice to the other party, if either party fails to substantially
perform through no fault of the other and does not commence correction of such
nonperformance within thirty (30) days of written notice and diligently complete the
correction thereafter. On termination, PReMA Corp shall be paid all Fees earned and
Reimbursable Expenses incurred though the termination date. This Agreement may be
terminated at any time upon agreement by both parties and it can be extended or amended
at any time by agreement of both parties.
N.8. Severability and Survival. If any of the provisions in this Agreement are
held illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall
not be impaired thereby. Notwithstanding any other provision of this Agreement
(including, without limitation. (THIS SECTION WILL HAVE TO BE REVISED)
N.9. No Conflict of Interest. This Agreement shall not preclude PReMA
Corp from making proposals on or providing similar services to the City in the future.
Without limiting the forgoing, information and knowledge gained by PReMA Corp in
providing the Services shall not create or constitute a conflict of interest in making
proposals on or providing additional services to the City.
N.10. Non-Exclusive Provider to City. The Agreement shall not limit the right
of PReMA Corp to contract with other persons or entities to provide merchandise or
services of kind whatsoever, but not limited to services similar to the Services, nor shall
this Agreement prohibit or limit PReMA Corp in any way from providing such services.
N.11. Jurisdiction. The laws of the State of Georgia shall govern the validity
of this Agreement, its interpretation and performance, and any other claims related to it.
N.12. Cost and Expenses of Legal Action. If either party is required to bring
legal action to enforce their rights under this Agreement or as the result of a breach of
this Agreement, the costs and expenses of the prevailing party, including reasonable
attorneys’ fees, shall be paid by the non-prevailing party.
Attachment number 1 \nPage 10 of 13
Item # 4
11
N.13. No Third Party Beneficiaries, Services Limited to Agreement. This
Agreement gives no rights or benefits to anyone other than the City and PReMA Corp
and has no third party beneficiaries. The Services to be performed for the City by
PReMA Corp are defined solely by this Agreement and the Appendices, and not by any
other contract or agreement that may be associated with the performance of Services.
N.14. Assignments. This is a bilateral personal services Agreement. Neither
party shall have the power to or will assign any of the duties or rights or any claim arising
out of or related to this Agreement, whether arising in tort, contract or otherwise, without
the written consent of the other party. Any unauthorized assignment is void and
unenforceable. The Agreement is binding on the successors and assigns of the parties
hereto.
N.15. Confidentiality and Nondisclosure. The City and PReMA Corp shall
hold in the strictest of confidence any confidential information obtained during the term
of this Agreement, which shall include any material, data, or information disclosed by
either party to the other and not previously known by or disclosed to the public or to third
persons, and shall include, without limitations, trade secrets, confidential reports,
financial and operational information, customer, subscriber and contact lists, and other
matters relating to the operation of the businesses the City and PReMA Corp
(“Confidential Information”). Such Confidential Information will be kept strictly
confidential by the Client and PReMA Corp, its elected officials, employees, advisors or
agents (“Representatives), and except for disclosures made to Representatives who need
to know in order to carry out this Agreement and/or persons, firms or corporations
specifically designated by PReMA Corp, the City and PReMA Corp shall not
communicate or disclose any Confidential Information to any person, firm or corporation
or use any such Confidential Information for its own account. Confidential Information
shall not include: (a) any information that was part of the public domain when received
or becomes a part of the public domain through no action or lack of action by the Client,
(b) prior to disclosure, was already in possession and not subject to any obligation or (c)
subsequent to disclosure, is obtained from a third party who is lawfully in possession of
the information and not subject to a contractual relationship the parties with respect to the
information.
N.16. Ownership of Work Products and Intellectual Property. All of the work
product of PReMA Corp in performing the Services (including all the rights related to
such work products) shall be the sole property of PReMA Corp, subject to the rights of
the City, as the case may be. All reports, data, information, documents, specifications,
flowcharts, discoveries, know-how, inventions, processes, firmware, computer software,
source and object code, and software documentation as well as any resulting intellectual
property, including by limited to, invention disclosures, provisional patent applications,
Attachment number 1 \nPage 11 of 13
Item # 4
12
regular patent applications, patents, trade secrets, proprietary information, copyrights,
trademarks, service marks, domain names, trade dress, and moral rights developed during
the course of, or as a result of, providing the Services shall be the sole property of
PReMA Corp, subject to the rights of the City, as the case may be.
N.17. Notices. All notices under the Agreement will be in writing and will be
deemed to have been given when such notice is (i) when delivered by the United States
Postal Service First-Class Certified Mail, Return Receipt Requested, (ii) when delivered
by express courier service, or (iii) when telecopied. Notices will, unless another address
is specified in writing, be sent to the address indicated below:
Notices to PREMA Corp:
PREMA Corp
Attention: Don Howell
149 Pine Shadows Dr
Eclectic, AL 36024
E-Mail: premacorp@msn.com
With a copy (which shall not constitute notice) to:
Cabaniss, Johnston, Gardner, Dumas & O’Neal LLC
Attention: Anna F. Buckner Esq.
2001 Park Place N
Suite 700
Birmingham AL 35203
Facsimile No. - 205-716-5389
Notices to City:
City of Augusta, Georgia
Attention: Mayor
530 Greene Street
Augusta GA 30901
Facsimile No. – 706-821-1835
With a copy (which shall not constitute notice) to:
Planning & Development Dept.
George A. Patty
525 Telfair Street
Augusta, GA 30901
Attachment number 1 \nPage 12 of 13
Item # 4
13
1.1. Entire Agreement. This Agreement, together with any Appendices now
or hereinafter attached hereto, constitutes the entire agreement between the parties and
supersedes any prior understandings, agreements, or representations by or between the
parties, written or oral, to the extent they have related in any way to the subject matter
hereof.
1.2. Headings. The section headings contained in this Agreement are
inserted for convenience only and shall not affect in any way the meaning or
interpretation of this Agreement.
I WITESS WHEREOF , the parties hereto have executed, sealed, and delivered this
Agreement through their duly authorized representatives, as of the day and year first written
above.
PReMA CORP: CLIET:
PUBLIC RESOURCE MAAGEMET
ALLIACE CORPORATIO
AUGUSTA, GEORGIA
By:
Its President
By:
Its Mayor
ATTESTED TO:
________________________________
Clerk of Commission
Attachment number 1 \nPage 13 of 13
Item # 4
Public Service Committee Meeting
11/26/2012 12:50 PM
Butler Creek Park Project
Department:Recreation, Parks and Facilities
Caption:Motion to approve award of Bid Item 12-181, Butler Creek Park
Project, to Beam's Contracting for $649,466.85.
Background:The Recreation, Parks and Facilities Department, the residents of
the Northview Neighborhood and our consultants, W. K. Dickson
have been working in partnership to provide a community park
that reflects the best development our citizens can be proud to
enjoy.
Analysis:Twelve (12) firms participated in a mandatory pre-bid conference
for this project. Four (4) compliant bids were received. Beam's
Contracting was the low responsive bidder meeting all
specifications in base bid and with the recommended acceptance
of three (3) add alternates.
Financial Impact:Funding for this project would be available from SPLOST VI
approved funds within the Department's SPLOST VI allocations
and from reprogrammed funds from a SPLOST V Goshen area
project that never transpired.
Alternatives:1. To Approve the award of Bid Item 12-181 to Beam's
Contracting for $649,466.85. 2. Move No Action thus delaying
the development of this important park project.
Recommendation:1. To Approve
Funds are Available
in the Following
Accounts:
Recreation Splost Phase V and VI 325061110 - 206065011
328061110 - 211066901 328061110 - 210066601
REVIEWED AND APPROVED BY:
Cover Memo
Item # 5
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
Invitation To Bid
Sealed bids will be received at this office until Wednesday, August 29, 2012 @ 3:00 p.m. for furnishing:
Bid Item #12-181 Butler Creek Trailhead Park for Recreation, Parks and Facilities Department
BID’s will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
BID documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street –
Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors
and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are
$100.00.
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.e-arc.com) at no charge through ARC
(706) 821-0405 beginning Thursday, July 19, 2012. Bidders are cautioned that submitting a package without
Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or
coordination with other work that is material to the successful completion of the project. Bidders are cautioned that
acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized
sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
A Mandatory Pre-Bid Conference will be conducted at the Procurement Department, 530 Greene Street, Room
605 on Wednesday, August 15, 2012 @ 10:00 a.m. in the conference room. 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, August 17, 2012 @ 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 60 days after time has been called on the date of opening. A 10% Bid Bond
is required to be submitted in a separate envelope so marked along with the bidder’s 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle July 19, 26, 2012 and August 2, 9, 2012
Metro Courier July 25, 2012
cc: Tameka Allen Deputy Administrator
Bill Shanahan Interim Direction, Recreation, Parks & Facilities
Ron Houck Recreation, Parks & Facilities Department
Revised: 8/15/2011
Attachment number 1 \nPage 1 of 1
Item # 5
VENDORS Attachment
B E-Verify #Addendums
1 Bid Bond Base Bid
Altenate Add/
Deduct #1
Altenate Add/
Deduct #2
Altenate Add/
Deduct #3
Beam's Contracting
15030 Atomic Road
Beech Island, SC 29842
YES 167300 YES YES $547,357.85 $89,360.00 $7,108.00 $5,641.00
J & B Construction
3550 Gordon Hwy
Grovetown, GA 30813
YES 229939 YES YES $582,900.00 $106,887.63 $48,000.00 $40,000.00
S D Clifton Construction
4324 Wheeler Rd
Martinez, GA 30907
YES 212153 YES YES $722,950.00 $89,785.00 $17,893.00 $15,783.00
Mabus Construction
920 Molly Pond Road
Augusta, GA 30901
YES 91818 YES YES $1,069,509.12 $87,638.10 $5,352.00 $4,462.23
Blair Construction
P. O. Box 770
Evans, GA 30809
L-J Construction
220 Stoneridge Dr
Columbia, SC 29210
Turner Mechanical
12384 Atomic Road
Beech Island, SC 29842
Ammar Construction
4211 Smithfield Creek
Evans, GA 30809
R D Brown
410 Carolina Springs
N Augusta, SC 29841
Sitec
217 Fairfields St NE
Aiken, SC 29801
Pinnacle International
2245 Towne Lake Pk
Woodstock, GA 30189
Saido
500 Norwich #25
Augusta, GA 30909
Bid Item #12-181
Butler Creek Trailhead Park
for Augusta, Georgia - Recreation, Parks & Facilities Department
Bid Due: Tuesday, September 4, 2012 @ 3:00 p.m.
Page 1 of 1
Attachment number 2 \nPage 1 of 1
Item # 5
Attachment number 3 \nPage 1 of 2
Item # 5
Attachment number 3 \nPage 2 of 2
Item # 5
Attachment number 4 \nPage 1 of 4
Item # 5
Attachment number 4 \nPage 2 of 4
Item # 5
Attachment number 4 \nPage 3 of 4
Item # 5
Attachment number 4 \nPage 4 of 4
Item # 5
Attachment number 5 \nPage 1 of 2
Item # 5
Attachment number 5 \nPage 2 of 2
Item # 5
Attachment number 6 \nPage 1 of 1
Item # 5
Public Service Committee Meeting
11/26/2012 12:50 PM
Change Order # 1 for Virgo Gambill Architects for the Augusta, Georgia Municipal Building
Renovations and Modernization
Department:
Caption:Motion to approve Change Order #1 for an additional $473,858.00
in fees to Virgo Gambill Architects on the Augusta, Georgia
Municipal Building Renovations and Modernization due to an
increase in their scope of work.
Background:The design for the Municipal Building Renovations has
progressed through the Design Narrative and Schematic Design
phases and is ready to move into the Construction Document
phase. During the Code Review process it was discovered that the
stairways and elevators did not meet current code requirements.
The stairway can be brought up to code with some modifications
and by moving meeting and training rooms down to the first level.
This required an increase in the size of the planed Board of
Elections. However, the optimum solution for the elevators, which
require an enclosed smoke lobby and are not ADA Compliant, is
to construct a 9-story addition to the building to house new code
compliant elevators. At their regular meeting held on Tuesday,
September 4, 2012, the Augusta Georgia Commission approved
the recommendation of the Administrator to proceed with Option
2d for the Augusta Georgia Municipal Building Renovations and
Modernization project. In order to evaluate construction of all
phases and to same future costs the architect was asked to design
the entire project now and produce a set of construction
documents for Option 2d as a Phase I package. Accomplishing
this adds to the scope of services being performed by Virgo
Gambill Architects and a need for an increase in their fees.
Analysis:Approving the additional fees will allow Virgo Gambill Architects
to proceed with the design incorporating the modifications
necessary to bring the building up to life safety and ADA codes
and produce construction documents for Option 2d. The end result
will be a safer and more accessible building.
Financial Impact:The additional fee of $473,858.00 requested by Virgo Gambill
Architect is within the current Total Project Budget of
Cover Memo
Item # 6
$18,000,000.00.
Alternatives:1) Approve change order #1, the additional fees of $473,858.00 to
Virgo Gambill Architects allowing the design incorporating the
life safety, ADA modifications and Option 2d to be completed. 2)
Do not approve the additional fees and stop the project.
Recommendation:1) Approve the additional fees of $473,858.00 to Virgo Gambill
Architects allowing the design incorporating the life safety, ADA
modifications and Option 2d to be completed.
Funds are Available
in the Following
Accounts:
Municipal Building GL 328-05-1120/5212112 JL
212055101/5212112
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 6
Attachment number 1 \nPage 1 of 2
Item # 6
Attachment number 1 \nPage 2 of 2
Item # 6
Public Service Committee Meeting
11/26/2012 12:50 PM
May Park Fire Station Usage by Recreation, Parks and Facilities
Department:Recreation, Parks and Facilities
Caption:Motion to receive as information for Utilization of the May Park
Fire Station by the Recreation Department.
Background:Over the last few years, the May Park Fire Station, a facility
owned and maintained by Augusta, Georgia has been idle of
activity. Prior to this, it housed the Augusta Youth Center, a
program operated by a local community Church. While we
understand that there are several organizations that would like to
use this facility, the Receation Department feels that turning this
facility into a "Rec Sub-station" would be the greatest benefit to
the City as a location to safely house vehicles and heavy
equipment used at the Magnolia Cemetery. In addition, this
location would also be used as a "substation" for our downtown
landscape/maintenance crews and their equipment. By doing this,
we can be more efficient and save fuel money. Finally, we would
use this facility as a place to store our equipment needed for
special events in the downtown area.
Analysis:The Department of Recreation,Parks and Facilities has evaluated
uses for the Fire Station and found this facility to be of direct
benefit to our Department as follows: a. It would provide better
oversight for our inner city cemetery operations by relocating the
supervisor of these operations from the Common to this facility
which is adjacent to Magnolia and Cedar Grove operations; b. The
site/grounds immediately east of the Fire Station is parking. This
area can be fenced, screened and secured to adequately house
vehicles, heavy equipment, etc. currently housed on site, in the
open, at Magnolia Cemetery. This would provide a safer storage
location and also eliminate a terrible eye sore for the cemetery; c.
The Fire Station can provide storage opportunities for our
downtown landscape/maintenance crews as well as provide these
work forces a location for lunch space, meeting space, etc. d. The
old Fire Station could provide stoarge opportunities for stages,
tents, and other equipment used by our special events team for
activities held at the Common, the Riverwalk, the
Marina.Riverfront venues, etc. Currently all materials are stored in
South Augusta at the Department's Administrative/Operations
Cover Memo
Item # 7
complex. By having this location downtown we could provide
safe stroage as well as save time/manpower and fuel for
downtown related events. e. In general, occupied space is
normally better nmaintained and assets properly preserved than
with non-occupied space as currently exists.
Financial Impact:Satff has determined a cost of @$15,000 to retro-fit and utilize for
the purposes and benefits listed above.
Alternatives:To receive as information and allow our front line operations
better opportunities to be successful.
Recommendation:To receive as information, allowing the Department to move
forward to utilize this property owned and maintained by Augusta
Georgia for internal operational uses.
Funds are Available
in the Following
Accounts:
2013 general Operating Funds SPLOST VI May Park Balance
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
Public Service Committee Meeting
11/26/2012 12:50 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Public Services Committee
held on November 12, 2012.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 8
Attachment number 1 \nPage 1 of 3
Item # 8
Attachment number 1 \nPage 2 of 3
Item # 8
Attachment number 1 \nPage 3 of 3
Item # 8
Public Service Committee Meeting
11/26/2012 12:50 PM
Planning for Efficiency
Department:Recreation Parks and Facilities
Caption:Receive as information a presentation by the Administrator on
planning for Augusta Departments space needs as we move
forward.
Background:Recently completed construction projects have addressed most of
the needs of Augusta Government for the next several years.
There are a few more remaining to be addressed.
Analysis:
Financial Impact:
Alternatives:Information Only
Recommendation:
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
Public Service Committee Meeting
11/26/2012 12:50 PM
Proposal for a new Pedestrian Bridge connecting the Reynolds Street Parking Deck and the Trade,
Exhibit and Event (TEE) Center
Department:Recreation, Parks and Facilities
Caption:Motion to approve expenditure of SPLOST funds dedicated to the
New TEE Center, in the amount of $991,561.00, for design,
fabrication, installation and startup of all scope associated with the
new Pedestrian Bridge.
Background:The TEE Center construction is currently being managed by RW
Allen. Under the approved Reynolds Street Parking Deck
Management Agreement between Augusta Georgia and Augusta
Riverfront LLC, the Pedestrian Bridge was included. RW Allen
will be contracted to execute the Pedestrian Bridge scope.
Analysis:Approving expenditures for the new Pedestrian Bridge and a
change to RW Allen’s Guaranteed Maximum Price (GMP)
contract will move this effort forward without disrupting
(demobilizing) the Construction Manager executing the TEE
Center’s construction management.
Financial Impact:The cost for implementing the design, fabrication, installation and
startup of the new Pedestrian Bridge is $991,561.00. Funding for
this item is savings realized from the construction of the Reynolds
Street Parking Deck.
Alternatives:1. Approve execution of expenditures with RW Allen from
savings realized for the construction of the Reynolds Street
Parking Deck in the amount of 991,561.00, for design, fabrication,
installation and startup of the Pedestrian Bridge. RW Allen is
currently onsite completing construction of the new TEE Center.
2. Submit through normal Procurement bid process which will
delay design, fabrication, construction and startup.
Recommendation:1. Approve expenditure of SPLOST funds dedicated to the New
TEE Center, and execute a change to the project’s GMP for the
TEE Center in downtown Augusta. It is recommended that this
scope be included in RW Allen’s contract Cover Memo
Item # 10
Funds are Available
in the Following
Accounts:
GL 325-05-1120; JL 206-35-1102 GL 361-06-1120 GL 361-06-
1130 Object Code: 54-13130
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
Attachment number 1 \nPage 1 of 4
Item # 10
Attachment number 1 \nPage 2 of 4
Item # 10
Attachment number 1 \nPage 3 of 4
Item # 10
Attachment number 1 \nPage 4 of 4
Item # 10
R.W. Allen, LLC 10/12/2012
LABOR MATERIALS SUB TOTAL Variance
1 GENERAL CONDITIONS $56,771.00 $8,283.00 $23,245.00 $88,299 $88,299
2 SITE WORK $81,530.00 $81,530 $81,530
3 CONCRETE $41,254.00 $41,254 $41,254
4 MASONRY $32,600.00 $32,600 $32,600
5 METALS $121,250.00 $121,250 $121,250
6 WOOD & PLASTICS $1,500.00 $1,231.00 $5,000.00 $7,731 $7,731
7 THERMAL & MOISTURE $2,500.00 $2,500.00 $96,960.00 $101,960 $101,960
8 DOORS & WINDOWS $107,000.00 $107,000 $107,000
9 FINISHES $22,310.00 $22,310 $22,310
10 SPECIALTIES $105,140.00 $105,140 $105,140
11 EQUIPMENT
12 FURNISHINGS
13 SPECIAL CONSTRUCTION
14 CONVEYING SYSTEMS $15,000.00 $15,000 $15,000
15 MECHANICAL SYSTEMS $20,490.00 $20,490 $20,490
16 ELECTRICAL $15,520.00 $15,520 $15,520
17 MISC. / OTHER
CATEGORY SUBTOTALS: $60,771.00 $117,154.00 $582,159.00 $760,084 $760,084
Sales Taxes 8.00%$9,372 $9,372
Payroll Taxes (Labor Burden)22.00%$13,370 $13,370
Building Permits & Fees $2,102 $2,102
Subcontractor Bonds $11,197 $11,197
Insurances $1,756 $1,756
Association Fees $196 $196
Design Fees $76,000 $76,000
Contractor's Contingency $50,000 $50,000
TOTAL COST OF WORK: $924,077 $924,077
R.W. Allen Fee $60,000 $60,000
Performance & Payment Bond $7,484 $7,484
GRAND TOTAL 991,561.00 $991,561
Preliminary Concept Estimate
WORK DIVISION
TEE Center Connector - Straight Across Reynolds
Augusta, GA
Friday, October 12, 2012
City of Augusta
Attachment number 2 \nPage 1 of 1
Item # 10
Public Service Committee Meeting
11/26/2012 12:50 PM
Retail Alcohol License Fees
Department:Planning & Development
Caption:For Discussion. Consider amending Augusta-Richmond County
Code Section 6-2, Alcoholic Beverages, so as to increase the retail
alcohol license fees (off-premises consumption), and waive
second reading. (Effective 12/5/2012)
Background:It is proposed for discussion that there be an increase in the retail
alcohol license fees due to the additional day of sales. The
proposed license fees for consideration are: Retail Beer, Retail
Wine and Retail Liquor. The fees were last increased in December
2011.
Analysis:At the March 28, 2012, meeting the Commission approved an
amendment to the Alcohol Ordinance that would allow retail
alcohol sales on Sunday. The fees were not increased. At the June
11, 2012, Public Services meeting, the Committee considered
increasing the retail alcohol licenses, and voted to hold the fees as
they are for 2012, hold a public hearing for input, and discuss
increasing the fees in late 2012…. The proposed fee amounts are
based on the cost of on-premise consumption beer, wine and
liquor license fees with Sunday sales for an establishment in the
highest occupancy category. The existing and proposed seven-day
retail Beer, Wine and Liquor fees and the existing on-premise
Beer, Wine and Liquor fees for a large restaurant are as follows:
(Restaurant) Option 1 Retail Retail * On Premise - Large Existing
Fees Proposed Fees Existing Fees Beer $665 $855 $665 Wine
$665 $855 $665 Liquor $3,330 $4,280 $3330 Sunday Sales n/a
n/a $1330 (* Includes Liquor Stores) Option 2: Liquor Stores can
opt out of opening on Sunday (Restaurant) Retail Liquor Stores**
Retail On Premise - Large Existing Fees Proposed Fees Proposed
Fees Existing Fees Beer $665 $665 or $855 $855 $665 Wine $665
$665 or $855 $855 $665 Liquor $3,330 $3,330 or $4,280 n/a
$3330 Sunday Sales n/a n/a $1330 (** Option: Open or Close on
Sunday)
Financial Impact:The proposed Ordinance amendment will provide additional
revenue in the estimated amounts of: Option 1: $104,120 Option
Cover Memo
Item # 11
2: $ 92,150 (35 liquor stores / 9 liquor stores may opt out.)
Alternatives:Do not increase the retail alcohol license fees.
Recommendation:N/A
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 11
ORDINANCE NO. ___________ OPTIO 1
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6-2-67 (a)
SO AS TO INCREASE AND ESTABLISH ALCOHOL LICENSE FEES; TO PROVIDE AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSIONERS AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
SECTIO 1 . Augusta-Richmond County Code Section 6-2-67 (a) is hereby amended to increase
and establish alcohol license fees by deleting in its entirety, and substituting in lieu thereof the
following, to wit:
(a) When due and payable. When a license has been approved and granted, the same shall be
paid for by certified check, cashier's check or money order for the full amount of the license
fee.
Amount. Each applicant shall pay a license fee as set out herein:
Retail and Wholesale:
(1) Class A: Consumption on premises beer $610.00 - $665.00
(2) Class B: Retail beer $855.00 (current fee $665.00)
(3) Class C: Consumption on premises wine $610.00 - $665.00
(4) Class D: Retail wine $855.00 (current fee $665.00)
(5) Class E: Consumption on premises liquor $3,055.00 - $3,330.00
(6) Class F: Retail liquor $4,280.00 (current fee $3,330.00)
(7) Class G: Brewer, Manufacturer of Malt Beverages $665.00
(8) Class H: Brewpub Operator $665.00
(9) Wholesale liquor $6,050.00
(10) Wholesale beer $665.00
(11) Wholesale wine $135.00
Restaurants and Bars (On-premise consumption)
Number of Seats: 1 – 50 51 – 70 71 – 90 91 – 100 101 plus
Beer $610 $625 $635 $650 $665
Wine $610 $625 $635 $650 $665
Liquor $3055 $3115 $3175 $3235 $3330
Sunday Sales $1220 $1245 $1270 $1295 $1330
Alcohol Catering $365 $375 $380 $390 $400
Section 6. This ordinance shall become effective upon adoption.
Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Duly adopted by the Augusta-Richmond County Commission this _________ day of
______________, 2012.
AUGUSTA-RICHMOND COUNTY COMMISSION
Attachment number 1 \nPage 1 of 2
Item # 11
By:________________________________________
As its Mayor
ATTEST:
____________________________
Clerk
First Reading: __________________
Attachment number 1 \nPage 2 of 2
Item # 11
ORDINANCE NO. ___________ OPTIO 2
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6-2-14 (2) SO
AS TO DEFINE OPERATING HOURS; SECTION 6-2-67 (a) SO AS TO INCREASE AND
ESTABLISH ALCOHOL LICENSE FEES; TO PROVIDE AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSIONERS AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
SECTIO 1 . Augusta-Richmond County Code Section 6-2-14 (2) is hereby amended by deleting in
its entirety, and substituting in lieu thereof the following, to wit:
(2) Holders of a Class F license (off-premises consumption of liquor) shall not open for
business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until
11:45 p.m. Monday through Saturday. Holders of a Class F license (off-premises consumption of
liquor) shall not open for business earlier than 12:30 p.m. on Sunday and may remain open for
business until 11:30 p.m. on Sunday. Holders of a Class F.1 license (off-premises consumption
of liquor) shall not open for business on Sunday. Holders of Class B.1 and D.1 licenses (off-
premises consumption of beer and wine) who are licensed to sell liquor shall not open on
Sunday.
SECTIO 2 . Augusta-Richmond County Code Section 6-2-67 (a) is hereby amended to increase and
establish alcohol license fees by deleting in its entirety, and substituting in lieu thereof the following, to
wit:
(a) When due and payable. When a license has been approved and granted, the same shall be
paid for by certified check, cashier's check or money order for the full amount of the license
fee.
Amount. Each applicant shall pay a license fee as set out herein:
Retail and Wholesale:
(1) Class A: Consumption on premises beer $665.00
(2) Class B: Retail beer $855.00 (current fee $665.00)
(2.A) Class B.1: Retail beer (Liquor Store – 6 day) $665.00 (current fee $665.00)
(3) Class C: Consumption on premises wine $665.00
(4) Class D: Retail wine $855.00 (current fee $665.00)
(4.A) Class D.1: Retail wine (Liquor Store – 6 day) $665.00 (current fee $665.00)
(5) Class E: Consumption on premises liquor $3,330.00
(6) Class F: Retail liquor $4,280.00 (current fee $3,330.00)
(6.A) Class F.1: Retail liquor (Liquor Store – 6 day) $3,330.00 (current fee $3,330.00)
(7) Class G: Brewer, Manufacturer of Malt Beverages $665.00
(8) Class H: Brewpub Operator $665.00
(9) Wholesale liquor $6,050.00
(10) Wholesale beer $665.00
(11) Wholesale wine $135.00
Attachment number 2 \nPage 1 of 2
Item # 11
Restaurants and Bars (On-premise consumption)
Number of Seats: 1 – 50 51 – 70 71 – 90 91 – 100 101 plus
Beer $610 $625 $635 $650 $665
Wine $610 $625 $635 $650 $665
Liquor $3055 $3115 $3175 $3235 $3330
Sunday Sales $1220 $1245 $1270 $1295 $1330
Alcohol Catering $365 $375 $380 $390 $400
Section 6. This ordinance shall become effective upon adoption.
Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Duly adopted by the Augusta-Richmond County Commission this _________ day of ______________,
2012.
AUGUSTA-RICHMOND COUNTY COMMISSION
By:________________________________________
As its Mayor
ATTEST:
____________________________
Clerk
First Reading: __________________
Second Reading: ________________
Attachment number 2 \nPage 2 of 2
Item # 11