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HomeMy WebLinkAbout2013-01-28-Meeting Agenda Public Service Committee Meeting Commission Chamber- 1/28/2013- 12:50 PM PUBLIC SERVICES 1. Discussion: A request by Michael Anglin for a One Day Special Events license (Beer) to be used in connection with Tipsey Mcstumbles, LLC located at 214 7th St. The event will be held in front of the location on 3/16/13 in observance of St. Patrick's Day. District 1. Super District 9. Attachments 2. Motion to approve the Title VI Plan for Augusta Public Transit between the Federal Transit Administration (FTA) and Augusta, Georgia. (Referred from January 7 Public Services Committee) Attachments 3. Discussion: consider probation, suspension or revocation of the Alcohol License and Business License for Mr. Daniel Magana, d/b/a: Club El Fiesco, LLC, 2925 Peach Orchard Road, for failure to comply with the Augusta-Richmond County Alcohol Ordinance, and Occupation Tax Ordinance. Attachments 4. Motion to approve a lease agreement with Virginia Beach Golf Management to operate the Augusta Municipal Golf Course pursuant to the terms and conditions set forth in RFP 12-206 through the attached negotiated lease agreement. Attachments 5. Motion to approve Lease for Remote Transmitter/Receiver (RTR) covering the Augusta Regional Airport. Attachments 6. Motion to approve the minutes of the Public Services Committee held on January 7, 2013. Attachments 7. Provide authorization to Turner Construction Company to award Bid Package #2, in the amount of $2,302,011.00, which provides the Site Work, Auger Cast Piles and Exterior Wall Demolition Mock-up for the Augusta Georgia Municipal Building Renovations and Modernization. Attachments 8. Motion to authorize the purchase of Banquet Kitchen Attachments www.augustaga.gov Smallwares and Utensils for the new TEE Center. 9. Receive as information a presentation by the Administrator on planning for Augusta Departments' space needs as we move forward. (Referred from January 7 Public Services Committee) Attachments Public Service Committee Meeting 1/28/2013 12:50 PM Alcohol Application Department:Planning & Development Caption:Discussion: A request by Michael Anglin for a One Day Special Events license (Beer) to be used in connection with Tipsey Mcstumbles, LLC located at 214 7th St. The event will be held in front of the location on 3/16/13 in observance of St. Patrick's Day. District 1. Super District 9. Background:The applicant had the event last year. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $60.00. 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 Attachment number 1 \nPage 1 of 1 Item # 1 Public Service Committee Meeting 1/28/2013 12:50 PM Augusta Public Transit Title VI Plan Department:Augusta Public Transit Caption:Motion to approve the Title VI Plan for Augusta Public Transit between the Federal Transit Administration (FTA) and Augusta, Georgia. (Referred from January 7 Public Services Committee) Background:In October of 2012 , the Federal Transit Administration updated the Title VI Circular 4702.1A to 4702.1B. Although our program was approved for the triennial cycle of March 16, 2012 through March 16, 2015 by FTA, some revisions were required to make it compliant. According to the new circular “a Title VI Program must be approved by the recipient’s Board of Directors or appropriate governing entity”. Analysis:Approval of this request will allow Augusta Public Transit to move forward with its Title VI program and be in compliance with FTA regulations. Financial Impact:Future funding could be put at risk if not approved. Alternatives:None. Recommendation:Approve the Title VI plan to be in Compliance. Funds are Available in the Following Accounts: No funds required REVIEWED AND APPROVED BY: Cover Memo Item # 2 Public Service Committee Meeting 1/28/2013 12:50 PM Club El Fiesco: Business License and Alcohol License Department:Planning & Development Caption:Discussion: consider probation, suspension or revocation of the Alcohol License and Business License for Mr. Daniel Magana, d/b/a: Club El Fiesco, LLC, 2925 Peach Orchard Road, for failure to comply with the Augusta-Richmond County Alcohol Ordinance, and Occupation Tax Ordinance. Background:The owner of Club El Fiesco has a business license to operate a lounge, a dance hall license and an alcohol license to serve liquor and beer. On January 3, 2013, the Richmond County Sheriff’s Office responded to a homicide that occurred at 2925 Peach Orchard Road, Club El Fiesco. In the investigation it was determined that persons under the age of 21 were being allowed in the building. (See the attached letter from the Sheriff’s Office.) Analysis:The Sheriff’s Office is requesting that the Commission take action against the license holder. The Alcohol License and the Business License can be suspended, revoked or placed on probation pursuant to the following Codes: Section 2-1-38 (a) (3): Right to Deny, Suspend, or Revoke A Business Tax Certificate; Section. 6- 2-74 (a): Probation, Suspension & Revocation (Alcohol License); and Section 6-2-19 (f): Furnishing to Minors. Sec. 2-1-38. Right to deny, suspend, or revoke a business tax certificate. (a) A Business Tax Certificate under this Chapter may be denied, suspended, or revoked if one or more of the following exists: (3) The applicant or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for the purpose of regulating such business. Sec. 6-2-74. Probation, Suspension & Revocation (Alcohol License). Any license issued under this Ordinance may be put on probation, suspended and/or revoked by the Augusta-Richmond County Commission after a finding of due cause. Due cause for the probation, suspension or revocation of a license shall include but shall not be limited to, the following: (a) A violation of this Ordinance or any State or federal law governing the manufacture, transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the Cover Memo Item # 3 employ of the establishment for which the license was issued. Sec. 6-2-19 (f). Furnishing to minors—Prohibited. (f) No person who holds a license or is responsible for the day-to-day operation of an establishment holding a license permitting the sale of alcoholic beverages for on-premises consumption shall allow any individual under the age of 21 to be in, frequent or loiter about the licensed premises unless such individual is accompanied by a parent or legal guardian except as provided herein. This prohibition shall apply regardless of whether or not said establishment on said date or time is operating for the purpose of the sale of alcoholic beverages for on-premises consumption, and regardless of what other type of license or business tax certificate said establishment may have. This section shall not prohibit individuals under the age of 21 from being in a qualified eating establishment or entertainment venue as defined in this Ordinance or attending a special event for which a license for a single event is issued pursuant to this Ordinance, and does not apply to such individuals who are employees of the licensee with assigned duties in the licensed premises. Sec. 6-2-20. Same—Penalty for violation. (a) Any licensee hereunder, or any person in the employ of the licensee or any person in the employ of the retail business establishment for which the license was granted, who violates the provisions of section 6-2-19 herein, shall subject the license of the licensee to suspension or revocation, and shall be guilty of an offense and, upon trial and conviction of a misdemeanor, shall be punished by a fine in an amount not to exceed five hundred dollars ($500.00) and/or imprisonment in jail for a period not to exceed sixty (60) days. (b) Whenever an Alcoholic Beverage License(s), under section 6-2-20(a) is suspended, or suspended and made subject to probation by the Augusta-Richmond County Commission for all or a part of said period of suspension, said license shall not be reinstated unless the licensee pays to the County a reinstatement fee of $500.00. Said reinstatement fee shall be due and payable and remitted to Augusta-Richmond County not less than five (5) business days prior to the end of any period of suspension or probated suspension imposed by the Augusta-Richmond County Commission. Only one such fee shall be paid by any one license holder on any one occasion irrespective of the number of licenses to be reinstated. Any fee paid pursuant to this Code section shall be paid into the General Fund. Financial Impact:N/A Alternatives:N/A Recommendation:Suspend the Business License and Alcohol License for ninety (90) days; place the Business License and Alcohol License on probation for a period of one (1) year beginning the last day of the ninety day suspension; and require the licensee to pay a fee of Cover Memo Item # 3 $500 to have the Alcohol License reinstated. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 Attachment number 1 \nPage 1 of 1 Item # 3 Public Service Committee Meeting 1/28/2013 12:50 PM Lease Agreement with Virginia Beach Golf Management to operate the Augusta Municipal Golf Course. Department:Recreation, Parks and Facilities Caption:Motion to approve a lease agreement with Virginia Beach Golf Management to operate the Augusta Municipal Golf Course pursuant to the terms and conditions set forth in RFP 12-206 through the attached negotiated lease agreement. Background:An RFP for the operations of the Augusta Municipal Golf Course was issued on September 20, 2012. The RFP was opened on October 5, 2012. Subsequently, there were three (3) firms that submitted responses in which all three were called in for interviews. Analysis:The RFP’s were evaluated by the Department and the evaluation team that included representatives from: Recreation, Parks and Facilities; Procurement; Finance; and the Administrator's Office. The Department sought direction on whether to pursue a management contract or lease contract. The Augusta Commission directed staff to negotiate a lease agreement with Virginia Beach Golf Management and to bring that subsequent lease agreement back to the Commission for approval. Financial Impact:The Department and the evaluation team recommends Augusta, Georgia enter into a lease agreement with Virginia Beach Golf Management for a five (5) year lease for $125,000 with one five (5) year extension for and additional $125,000. Alternatives:1. Approve the lease agreement with Virginia Beach Golf Management. 2. Move no action. Recommendation:1. Approve the lease agreement with Virginia Beach Golf Management. Funds are Available in the Following Accounts: N/A Cover Memo Item # 4 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 4 Attachment number 1 \nPage 1 of 27 Item # 4 Attachment number 1 \nPage 2 of 27 Item # 4 Attachment number 1 \nPage 3 of 27 Item # 4 Attachment number 1 \nPage 4 of 27 Item # 4 Attachment number 1 \nPage 5 of 27 Item # 4 Attachment number 1 \nPage 6 of 27 Item # 4 Attachment number 1 \nPage 7 of 27 Item # 4 Attachment number 1 \nPage 8 of 27 Item # 4 Attachment number 1 \nPage 9 of 27 Item # 4 Attachment number 1 \nPage 10 of 27 Item # 4 Attachment number 1 \nPage 11 of 27 Item # 4 Attachment number 1 \nPage 12 of 27 Item # 4 Attachment number 1 \nPage 13 of 27 Item # 4 Attachment number 1 \nPage 14 of 27 Item # 4 Attachment number 1 \nPage 15 of 27 Item # 4 Attachment number 1 \nPage 16 of 27 Item # 4 Attachment number 1 \nPage 17 of 27 Item # 4 Attachment number 1 \nPage 18 of 27 Item # 4 Attachment number 1 \nPage 19 of 27 Item # 4 Attachment number 1 \nPage 20 of 27 Item # 4 Attachment number 1 \nPage 21 of 27 Item # 4 Attachment number 1 \nPage 22 of 27 Item # 4 Attachment number 1 \nPage 23 of 27 Item # 4 Attachment number 1 \nPage 24 of 27 Item # 4 Attachment number 1 \nPage 25 of 27 Item # 4 Attachment number 1 \nPage 26 of 27 Item # 4 Attachment number 1 \nPage 27 of 27 Item # 4 Public Service Committee Meeting 1/28/2013 12:50 PM Lease for Remote Transmitter/Receiver (RTR) covering the Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve Lease for Remote Transmitter/Receiver (RTR) covering the Augusta Regional Airport. Background:FAA engineers need to move the existing Remote Transmitter/Receiver (RTR) to accommodate another NAVAID (Navigational Aid) that will be located on its site. Consequently, they are looking to lease approximately 0.33 acres +/- from Augusta, Georgia because the Augusta owns the parent tract upon which the RTR will be built. Analysis:FAA engineers need to move the existing Remote Transmitter/Receiver (RTR) to accommodate another NAVAID (Navigational Aid) that will be located on its site. Consequently, they are looking to lease approximately 0.33 acres +/- from Augusta, Georgia because the Augusta owns the parent tract upon which the RTR will be built. The Engineers have communicated some urgency in terms of completing procurement and installation. They are on a strict time table. Financial Impact:The Federal Government will pay Augusta, Georgia no monetary consideration in the form of rental payments. The Federal Government will operate and maintain the facility. Alternatives:Deny the motion to enter into the Lease for the Remote Transmitter/Receiver Recommendation:To Approve Lease for Remote Transmitter/Receiver (RTR) covering the Augusta Regional Airport Funds are Available in the Following Accounts: N/A Cover Memo Item # 5 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 AUGUSTA, GA RTR 3655 Simpkins Ln. 30906 Attachment number 1 \nPage 1 of 1 Item # 5 RTR SITE RELATIVE TO AUGUSTA REGIONAL AIRPORT AT BUSH FIELD Attachment number 2 \nPage 1 of 1 Item # 5 AGS-D-RTR-C003.dgn 8/9/2012 2:45:21 PM Attachment number 3 \nPage 1 of 1 Item # 5 APPROXIMATE LOCATION OF NEW RTR SITE Approximate Location of New RTR Site Attachment number 4 \nPage 1 of 1 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 1 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION LAND LEASE OFF AIRPORT Remote Transmitter/Receiver (RTR) Lease No.: DTFAEN-13–L-00157 Geographical Location: Augusta, GA THIS LEASE is hereby entered into by the City of Augusta whose address is 1501 Aviation Way, Augusta, GA 30906, hereinafter referred to as the Lessor and the United States of America, herein after referred to as the Government. This lease shall become effective when it is fully executed by all parties. The terms and provisions of this lease, and the conditions herein, bind the Lessor and the Lessor’s heirs, executors, administrators, successors, and assigns. WITNESSETH: The parties hereto, for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES (AUG-02): The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises: Commencing at the intersection of the eastern line of a Georgia Power Company easement and the northern right of way line of Tobacco Road; thence with the northern right of way line of Tobacco Road and with lands of Simpkins, the following five courses and distances (1) with a curve to the left having a radius of 2447.78 feet and an arc length of 331.15 feet to a point; (2) thence, N 70° 35 00" E a distance of 287.89 feet to a point; (3) thence, N 70° 35' 00" E a distance of 280.01 feet to a point; (4) thence, with a curve to the right having a radius of 11630.14 feet and an arc length of 42.98 feet to a point; (5) thence, with a curve to the right having a radius of 11630.14 feet and an arc length of 30.01 feet to a point; thence leaving the northern right of way line of Tobacco Road and with lands of Simpkins the following fifteen courses and distances: (1) N 03° 30' 03" E a distance of 338.85 feet to a point; (2) N 02° 10' 09" W a distance of 63.50 feet to a point; (3) N 18° 19' 29" W a distance of 81.29 feet to a point; (4) N 34° 09' 01" W a distance of 65.47 feet to a point; (5) N 41° 24' 55" W a distance of 94.18 feet to a point; (6) N 47° 05' 20" W a distance of 112.90 feet to a point; (7) N 56° 04' 25" W a distance of 101.31 feet to a point; (8) N 62° 21' 59" W a distance of 171.21 feet to a point; (9) N 26° 43' 38" W a distance of 113.19 feet to a point; (10) N 05° 02' 49" W a distance of 182.57 feet to a point; (11) N 12° 39' 57" W a distance of 68.08 feet to a point; (12) N 21° 05' 21" W a distance of 77.64 feet to a point; Attachment number 5 \nPage 1 of 10 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 2 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM (13) N 38° 34' 53" W a distance of 137.46 feet to a point; (14) N 45° 58' 33" W a distance of 87.84 feet to a point (which address is 3655 Simpkins Lane, Augusta, GA 30906); (15) S 47° 51' 52" E a distance of 71.22 feet to the TRUE POINT OF BEGINNING; thence S 06° 31' 56" W a distance of 120.55 feet to a point; thence N 83° 12' 08" W a distance of 120.93 feet to a point; thence N 06° 40' 31" E a distance of 119.91 feet to a point; thence S 83° 30' 23" E a distance of 120.63 feet to the TRUE POINT OF BEGINNING containing 0.33 acres. A. Together with a right-of-way for ingress to and egress from the premises for Government employees, their agents and assigns, a right-of-way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights- of-way to be over said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government described more specifically as follows: Commencing at the Northeast corner of the above described plot; thence N 83°30’23” W a distance of 79.00 feet to the centerline of a 20’ ingress/egress easement and the POINT OF BEGINNING; thence along the centerline of the easement N 06°29’37” W a distance of 15.00 feet; thence N 50°03’18” W a distance of 40.47 feet to the centerline of a gravel road; thence along the centerline of the gravel road extending in a Northwesterly direction approximately 390’ to the R/W of Simpkins Lane. B. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. C. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government. 2. TERM (AUG-02): To have and to hold, for the term commencing on November 31, 2012 and continuing through September 30, 2033 inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals. 3. DAY-TO-DAY LEASE EXTENSION (AUG-02): The Government may continue to occupy the premises for not to exceed 365 days after the end of the occupancy period covered by the basic lease term and any options that have been exercised. In such event, the rent shall accrue on a daily basis at the rate equal to one-thirtieth of Attachment number 5 \nPage 2 of 10 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 3 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM the monthly rent of the last previously due monthly rent, until one of the following events occurs: (1) the 365 day period expires, (2) a new lease commences, (3) the Government acquires a fee simple interest in the property or, (4) the Government vacates the leased premises, whichever occurs first. The accrued rent computed on a daily basis shall be due and payable in arrears at the end of each month until the amount accrued by the end of the month has been fully paid. 4. CONSIDERATION (NO COST) (AUG-02): The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. 5. CANCELLATION (AUG-02): The Government may terminate this lease, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government. The RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of the termination. The termination notice shall be delivered by registered mail return receipt requested and mailed at least 30 days before the effective termination date. 6A.CENTRAL CONTRACTOR REGISTRATION - REAL PROPERTY. (OCT-06) The FAA uses the Central Contractor Registration (CCR) system as the primary means to maintain Contractor information required for payment under any FAA contract. 1. Definitions. As used in this clause for: "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.” Contractor" is synonymous with "Lessor" for real property leases or other contracts; "Data Universal Numbering System (DUNS) number" means the 9- digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities;” Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern; (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern; “Registered in the CCR database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database. 2. By submission of an offer, the offeror acknowledges that: a) A prospective awardee will be registered in the CCR database prior to award, during performance, and through final payment. b) The offeror will enter, in the space provided on the clause, Contractor Identification Number Data Universal Numbering System (DUNS) Number - Real Property the offerors DUNS or DUNS+4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. The CCR Database may be accessed over the internet at: Attachment number 5 \nPage 3 of 10 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 4 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM http://www.ccr.gov. (NOTE: If this link does not work for any reason, the internet address may be pasted into your web browser to go to the site) 3. If the offeror does not have a DUNS number, it will contact Dun and Bradstreet directly to obtain one. a) An offeror may obtain a DUNS number: (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com (NOTE: If this link does not work for any reason, the internet address may be pasted into your web browser to go to the site); or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. b) The offeror will be prepared to provide the following information: (i) Company* legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). * NOTE: Individual (non-corporate) Lessors of real property that are not normally in the business of leasing real property: You should consider your leasing to the Government as a separate business (usually a sole proprietorship) then provide the pertinent ownership information as an sole proprietor when providing this information to Dunn & Bradstreet. 4. If an otherwise successful Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered Offeror, if the Contracting Officer determines it to be in the best interests of the Government. 5. Processing time, normally 48 hours, will be taken into consideration when registering. Offerors who are not registered will consider applying for registration immediately upon receipt of this solicitation. 6. The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database the Contractor is required to review and update, on an annual basis from the date of initial registration or subsequent updates, its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. 7. Changes a. Name or Ownership Changes Attachment number 5 \nPage 4 of 10 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 5 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, the Contractor will provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: a) Change the name in the CCR database; b) Agree in writing to the timeline and procedures the Contracting Officer specifies to document the requested change in the contract. With notification, the Contractor will provide sufficient documentation to support the legally changed name then execute the appropriate supplemental agreement to document the name change provided by the Contracting Officer. (ii) The Contractor's entry of the name/ownership change in CCR does not relieve the Contractor of responsibility to provide proper notice of the name change to the Contracting Officer. The change in CCR cannot be made effective until the appropriate documentation/ supplemental agreement is executed by the Contracting Officer. Any discrepancy in payee information in CCR caused by a failure to fulfill the requirements specified in paragraph (g)(1) (i) above, will result in a discrepancy that is incorrect information, within the meaning of paragraph (d) Suspension of Payment of the electronic funds transfer (EFT) clause of this contract. b. Assignment of Claims. The Contractor will not change the name or address for EFT payments in the CCR or manual payments to reflect an assignee. Assignees must separately register in the CCR database. The Contractor will notify the Contracting Officer and will comply with the instructions for submitting an Assignment of Claims notification. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor, without proper notice to the Contracting Officer, will be considered to be incorrect information within the meaning of the paragraph (d) "Suspension of payment" of the EFT clause of this contract. 8. Exceptions to CCR. As provided for in AMS Procurement Toolbox Section T3.3.1.A-8, "Central Contractor Registration", certain contractors may qualify by limited exceptions to CCR waiver. If a contractor is determined by the Contracting Officer to merit justification of a waiver from CCR, then the contractor will provide initial payment information and any future vendor information changes to the Contracting Officer on the "Vendor Miscellaneous Payment Information" form, provided by the Contracting Officer. An alternate clause, "Contractor Payment Information-Non CCR" will be included in the contract and the lessor/vendor will comply with the terms of that clause. Having an exception from CCR does not excuse a vendor from EFT payment requirements, as required in the clause, "Payment by Electronic Fund Transfer - Real Property". 9. Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961- 5757. (NOTE: If this link does not work for any reason, the internet address may be pasted into your web browser to go to the site) Attachment number 5 \nPage 5 of 10 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 6 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM 6B.CONTRACTOR IDENTIFICATION NUMBER - DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER - REAL PROPERTY (OCT 2006) 1. Definitions. As used in this clause "Contractor Identification Number," as used in this provision, means "Data Universal Numbering System (DUNS) number, which is a nine-digit number assigned by Dun and Bradstreet Information Services, to identify unique business entities (taken from CCR clause); "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Fund Transfer. 2. Contractor identification is essential for receiving payment and complying with statutory contract reporting requirements. Therefore, the offeror will provide its DUNS or DUNS+4 numbers below. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database; DUNS OR DUNS+4 NUMBER: 3. If the offeror does not have a DUNS number, he should contact Dun and Bradstreet at 1-866-705-5711, or via the internet at http://www.dnb.com directly to obtain one. (NOTE: If this link does not work for any reason, the internet address may be pasted into your web browser to go to the site) Detailed requirements for obtaining a DUNS number is contained in Paragraph (c) of clause "Central Contractor Registration-Real Property". 6C. CERTIFICATION OF REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION (CCR) (Oct-06) In accordance with clause, "Central Contractor Registration-Real Property", and by submission of this offer, the offeror certifies that they are registered in the CCR Database and have entered all mandatory information including the DUNS or DUNS+4 Number required in clause, "Contractor Identification Number-Data Universal Numbering System (DUNS) Number - Real Property": LESSOR’s DUNS NUMBER:_______________________________. _____________________________________/___________________ Signature of Offeror / Date 7. QUIET ENJOYMENT (OCT-96): The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government’s use and enjoyment of said premises against third party claims. 8. NOTIFICATION OF CHANGE IN LAND TITLE (AUG-02): If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premises, they shall notify the Government, in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the "change in property rights". Concurrent with the Attachment number 5 \nPage 6 of 10 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 7 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM written notification, the Lessor shall provide the Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 9. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (OCT-96): The Government agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subornation shall not interfere with any right of the Government under this lease. It is mutually agreed that this subordination shall be self operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 10. NOTICES (OCT-96): All notices/correspondence shall be in writing, reference the lease number, and be addressed as follows: TO LESSOR: Augusta-Richmond County 530 Greene Street Augusta, GA 30901 TO GOVERNMENT: Federal Aviation Administration Eastern Logistics Service Area, ASO-53 P.O. Box 20636 Atlanta, GA 30320 11. CONTRACT DISPUTES (Nov. 03) A. All contract disputes and arising under or related to this lease contract shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency Attachment number 5 \nPage 7 of 10 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 8 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM decisions. A Lessor may seek review of a final FAA decision only after its administrative remedies have been exhausted. B. All Contract Disputes shall be in writing and shall be filed at the following address: Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration, 800 Independence Ave., S.W., Room 323, Washington, DC 20591 Telephone: (202) 267-3290, Facsimile: (202) 267-3720; or C. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA. D. The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. 12. PROTEST (Nov. 03) A. Protests concerning Federal Aviation Administration Screening Information Requests (SIRs) or awards of lease contracts shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative remedies have been exhausted. B. Offerors initially should attempt to resolve any issues concerning potential protests with the Real Estate Contracting Officer. C. Protests shall be in writing and shall be filed at: Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration, 800 Independence Ave., S.W., Room 323, Washington, DC 20591 Telephone: (202) 267-3290, Facsimile: (202) 267-3720 D. At the same time as filing the protest with the ODRA, the protestor shall serve a copy of the protest on the Real Estate Contracting Officer (RECO). E. A protest is considered to be filed on the date it is received by the ODRA and shall be filed: (i) Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or Attachment number 5 \nPage 8 of 10 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 9 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM (ii) If the protester has requested a post-award debriefing from the RECO, not later than five (5) business days after the date on which the RECO holds that debriefing. F. The full text of the Protest clause is incorporated by reference. Upon request the full text will be provided by the RECO. 13. ANTI-KICKBACK (OCT-96): The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from A. Providing or attempting to provide or offering to provide any kickback; B. Soliciting, accepting, or attempting to accept any kickback; or C. Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States Government or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 14. ASSIGNMENT OF CLAIMS (OCT-96): Pursuant to the Assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15, the Lessor may assign his rights to be paid under this lease. 15. COVENANT AGAINST CONTINGENT FEES (AUG-02): The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. 16. OFFICIALS NOT TO BENEFIT (OCT-96): No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 17. RESTORATION Clause Alternate B – for use on Off-Airport Leases (4/2010) The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor provides written notice, prior to the date of expiration or termination, requesting restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional time as may be mutually agreed upon, either: (a) Restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease (changes to the premises in accordance with paragraph 1(a), 1(b) and 1(c) above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control, excepted) or, (b) Make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever is less. Should Attachment number 5 \nPage 9 of 10 Item # 5 Lease No.: DTFAEN-L-13-00157 Page 10 Radio Transmitter/Receiver (RTR) Augusta, GA 30906 LJM a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement or, (c) The FAA may also elect to offer abandonment of installed real property improvements in lieu of restoration or some combination of abandonment and restoration as determined by mutual agreement with the owner, so long as it is determined by the RECO to be in the best interests of the Government. (d)In the event that the Government has to pay for restoration, such payments will not entail expenditures which exceed appropriations available at the time of the restoration in violation of the Anti-Deficiency Act. (e) Nothing in the contract may be considered as implying that congress will, at a later date, appropriate funds sufficient to meet the deficiencies. 18. EXAMINATION OF RECORDS (AUG-02): The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the Lessor’s directly pertinent books, documents, paper, or other records involving transactions related to this contract. 19. SIGNATURE BLOCK: IN WITNESS WHEREOF, the parties hereto have signed their names: LESSOR: ___________________________________ Date: _______________ (Signature) ____________________________________ (Official Title) UNITED STATES OF AMERICA: ___________________________________ Date: _______________ (Signature) ____________________________________ (Official Title) Attachment number 5 \nPage 10 of 10 Item # 5 Public Service Committee Meeting 1/28/2013 12:50 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Services Committee held on January 7, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 6 Attachment number 1 \nPage 1 of 5 Item # 6 Attachment number 1 \nPage 2 of 5 Item # 6 Attachment number 1 \nPage 3 of 5 Item # 6 Attachment number 1 \nPage 4 of 5 Item # 6 Attachment number 1 \nPage 5 of 5 Item # 6 Public Service Committee Meeting 1/28/2013 12:50 PM Motion to Authorize Construction Manager to Proceed with Contract Award of Bid Package #2 (Site Work, Auger Cast Piles and Exterior Wall Demo Mock-up) for the Augusta Georgia Municipal Building Renovations and Modernization. Department:Recreation, Parks and Facilities Caption:Provide authorization to Turner Construction Company to award Bid Package #2, in the amount of $2,302,011.00, which provides the Site Work, Auger Cast Piles and Exterior Wall Demolition Mock-up for the Augusta Georgia Municipal Building Renovations and Modernization. Background:Turner Construction Company was selected under RFQ 10-195 as the Construction Manager at Risk for the Augusta Georgia Municipal Building Renovations and Modernization. This is the second bid package completed by the Design team, led by Virgo Gambill Architects. Bids were accepted and reviewed by Turner Construction Company, Virgo Gambill Architects, and the CIPM. Analysis:The following are the lowest responsive, responsible bidders, as determined by Turner Construction Company to perform the work. The Subcontractors pursuant to Exhibit J are as follows: 2A. Site Work Civil Site Services $567,574.00 2B. Auger Cast Piles Berkel $224,946.00 The Scope of Work includes all work associated with the Site Work, Auger Cast Piles and Exterior Wall Demo Mock-up and is within the budgeted amount that was estimated for this phase of the work. Turner Construction Company, in conjunction with the design and program management team, will provide oversight during this and subsequent phases of the project. Proceeding with this work now will allow construction to proceed in an expedited fashion, leading to quicker completion of the Municipal Building Renovations and Modernization and lower construction related costs. Turner Construction Company has included the bid summary and bid proposals as back-up to support this. Financial Impact:The amount for Bid Package #2 is a component of the Guaranteed Maximum Price (GMP), which is scheduled to be established and approved in March of 2013. The total GMP is currently budgeted Cover Memo Item # 7 to not exceed $17,216,385.00 Alternatives:Wait until the Guaranteed Maximum Price is established in March 2013, and delay the completion of the facility by six (6) months. Recommendation:Provide authorization to Turner Construction Company to award Bid Package #2, thus facilitating the start of construction for the Municipal Building Renovations and Modernization. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: Augusta Georgia Municipal Building Renovations and Modernization: GL –328-05- 1120; JL – 54-13120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 Attachment number 1 \nPage 1 of 24 Item # 7 Attachment number 1 \nPage 2 of 24 Item # 7 Attachment number 1 \nPage 3 of 24 Item # 7 Attachment number 1 \nPage 4 of 24 Item # 7 Attachment number 1 \nPage 5 of 24 Item # 7 Attachment number 1 \nPage 6 of 24 Item # 7 Attachment number 1 \nPage 7 of 24 Item # 7 Attachment number 1 \nPage 8 of 24 Item # 7 Attachment number 1 \nPage 9 of 24 Item # 7 Attachment number 1 \nPage 10 of 24 Item # 7 Attachment number 1 \nPage 11 of 24 Item # 7 Attachment number 1 \nPage 12 of 24 Item # 7 Attachment number 1 \nPage 13 of 24 Item # 7 Attachment number 1 \nPage 14 of 24 Item # 7 Attachment number 1 \nPage 15 of 24 Item # 7 Attachment number 1 \nPage 16 of 24 Item # 7 Attachment number 1 \nPage 17 of 24 Item # 7 Attachment number 1 \nPage 18 of 24 Item # 7 Attachment number 1 \nPage 19 of 24 Item # 7 Attachment number 1 \nPage 20 of 24 Item # 7 Attachment number 1 \nPage 21 of 24 Item # 7 Attachment number 1 \nPage 22 of 24 Item # 7 Attachment number 1 \nPage 23 of 24 Item # 7 Attachment number 1 \nPage 24 of 24 Item # 7 Public Service Committee Meeting 1/28/2013 12:50 PM Motion to Authorize Purchase of Banquet Kitchen Smallwares and Utensils for the TEE Center Project Department:Recreation, Parks and Facilities Caption:Motion to authorize the purchase of Banquet Kitchen Smallwares and Utensils for the new TEE Center. Background:Smallwares and Utensils are required for the operation of the new banquet kitchen at the TEE Center site. Bids were received from five (5) firms with two being non-compliant. Successful bidder is Calico Industries. Analysis:The proposed monetary modification required for the banquet kitchen is included in the overall project budget. Financial Impact:There is no financial impact to the overall project cost. Funds are available in the FF&E budget. Alternatives:1. Approve the recommendation to allow purchase of the kitchen Smallwares and Utensils in order to stock the new kitchen with the recommended operating tools. 2. Disapproval of purchase for the Smallwares and Utensils will place items in Operator’s operating budget and delay arrival of necessary operating tools. Recommendation:Approve the amount of $33,162.11. It is recommended that approval be given to this request for purchase of banquet kitchen Smallwares and Utensils. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: TEE Center: GL – 325-05-1120; JL – 206-35-1102 Object Code: 5423110 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 8 Administrator. Clerk of Commission Cover Memo Item # 8 Attachment number 1 \nPage 1 of 6 Item # 8 Attachment number 1 \nPage 2 of 6 Item # 8 Attachment number 1 \nPage 3 of 6 Item # 8 Attachment number 1 \nPage 4 of 6 Item # 8 Attachment number 1 \nPage 5 of 6 Item # 8 Attachment number 1 \nPage 6 of 6 Item # 8 Public Service Committee Meeting 1/28/2013 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. (Referred from January 7 Public Services Committee) 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: Cover Memo Item # 9