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Public Service Committee Meeting Commission Chamber- 2/11/2013- 12:50 PM
PUBLIC SERVICES
1. Motion to approve Amendment #1 to the Tailwind Augusta,
LLC Agreement to reflect a name change to Sterling Restaurant
& Retail Group, LLC. The Augusta Aviation Commission
approved this item at their January 31st Meeting.
Attachments
2. Motion to approve the assignment of the Public Facilities Lease
Agreement by and between Augusta, Georgia and Greenjackets
Baseball, LLC (Lake Olmstead Stadium).
Attachments
3. Motion to approve the selection of Mead and Hunt, Inc. as the
Aviation Consultant for the Augusta Regional Airport as
approved by the Augusta Aviation Commission at their January
31st Meeting.
Attachments
4. Motion to approve Choate Construction Modification #10 - New
Fixed Base Operation (FBO) Closeout as approved by the
Augusta Aviation Commission at their January 31st Meeting.
Attachments
5. Discussion of the Golf Course contract. (Requested by
Commissioner Guilfoyle)
Attachments
6. Motion to approve the minutes of the Public Services Committee
held on January 28, 2013.
Attachments
Public Service Committee Meeting
2/11/2013 12:50 PM
Amendment #1 to the Tailwind Augusta, LLC Agreement
Department:Augusta Regional Airport
Caption:Motion to approve Amendment #1 to the Tailwind Augusta, LLC
Agreement to reflect a name change to Sterling Restaurant &
Retail Group, LLC. The Augusta Aviation Commission approved
this item at their January 31st Meeting.
Background:On August 10, 2011, the Airport entered into a five year
concession agreement with Tailwind Augusta, LLC to operate the
retail, food and beverage concessions located at the Augusta
Regional Airport. On October 15, 2012, the concessionaire filed
a certificate of amendment with the State of Georgia to change its
name from Tailwind Augusta, LLC to Sterling Restaurant &
Retail Group, LLC.
Analysis:Tailwind Augusta, LLC has legally changed the company name to
Sterling Restaurant & Retail Group, LLC. A copy of the formal
notification is attached along with a signed copy of the first
amendment to the original concession agreement. The Airport
Attorney has reviewed and approved the amendment.
Financial Impact:This will have no financial effect on the original contract.
Alternatives:Deny request.
Recommendation:Approve the first amendment to the Tailwind Augusta, LLC
agreement to reflect the company’s name change to Sterling
Restaurant & Retail Group LLC.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:Cover Memo
Item # 1
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 1 of 4
FIRST AMEDMET TO THE AGREEMET FOR THE LEASE
AD OPERATIO OF RETAIL, FOOD AD BEVERAGE COCESSI OS
BETWEE
TAILWID AUGUSTA, LLC
AD
THE CITY OF AUGUSTA
FOR
THE AUGUSTA REGIOAL AIRPORT
AUGUSTA, GEORGIA
This First Amendment to the Lease and Operation of Retail, Food, and Beverage
Concessions Agreement at Augusta Regional Airport, made and entered into this ______ day of
______________, 2013, between Augusta-Richmond County, Augusta, Georgia for Augusta
Regional Airport and Sterling Restaurant & Retail Group, LLC , a Georgia Limited Liability
Corporation, formerly known as Tailwind Augusta, LLC (hereinafter referred to as
“Concessionaire”).
WHEREAS, on August 10, 2011, Augusta-Richmond County, Augusta, Georgia for
Augusta Regional Airport and Tailwind Augusta, LLC entered into a five year Concessions
Agreement, commencing on June 3, 2011 and terminating on June 2, 2016 for the Operator to
manage the Retail, Food, and Beverage Concessions located at Augusta Regional Airport; and
WHEREAS, on October 15, 2012, Concessionaire filed a certificate of Amendment with
the Georgia Secretary of State to change its name from Tailwind Augusta, LLC to Sterling
Restaurant & Retail Group, LLC; and
WHEREAS, the Parties desire to amend certain terms of the Agreement as set forth
hereinafter; and
Attachment number 1 \nPage 1 of 4
Item # 1
FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 2 of 4
OW, THEREFORE, in consideration of the inducements, mutual covenants and
conditions herein contained, the Parties have agreed to amend the Agreement as follows:
1.
All provisions of Agreement that refer to Tailwinds Augusta LLC, are hereby amended to
refer to Sterling Restaurant & Retail Group, LLC. Formal notification submitted by the
Concessionaire is attached (Attachment 1) and is made a part of this First Amendment.
2.
Section 20.17, Notices, is hereby amended to change the name and address of
Concessionaire as follows:
Sterling Restaurant & Retail Group, LLC
1109 Arboretum Drive
Wilmington, North Carolina, 28405
Doug DeLise
Phone: 910-232-4014
doug@airport-concessions.com
3.
All other terms and conditions of the Agreement shall remain the same except as
specifically amended herein.
In Witness whereof, the Parties have caused this First Amendment of the Retail, Food,
and Beverage Concessions Agreement to be executed this ____ day of ____________, 2013.
Augusta, Georgia
_________________________ _________________________________
Augusta Aviation Commission Sterling Restaurant & Retail Group, LLC
Attachment number 1 \nPage 2 of 4
Item # 1
FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 3 of 4
ATTACHMENT A
Attachment number 1 \nPage 3 of 4
Item # 1
FIRST AMENDMENT TO TAILWIND DELI NEWS AND GIFTS: 678234_ 1 Page 4 of 4
Attachment number 1 \nPage 4 of 4
Item # 1
Public Service Committee Meeting
2/11/2013 12:50 PM
Assignment of Public Facilities Lease Agreement by and Between Augusta, Georgia and Greenjackets
Baseball, LLC.
Department:Recreation, Parks and Facilities
Caption:Motion to approve the assignment of the Public Facilities Lease
Agreement by and between Augusta, Georgia and Greenjackets
Baseball, LLC (Lake Olmstead Stadium).
Background:The Board of Commissioners of Richmond County, Georgia and
the City Council of Augusta, Georgia as lessor, and Scripps
Baseball Group, Inc. as lessee, entered into a Public Facility Lease
Agreement dated May 9, 1994 which has been subsequently
amended on September 6, 1994; June 23, 1998; and April 12,
2004 (collectively, the "Lease").
Analysis:The present lessee and tenant, Augusta Professional Baseball LLC
(the "Assignor") desires to assign the lease agreement as amended
to Greenjackets Baseball, LLC. to facilitate the transfer of
ownership of the baseball club.
Financial Impact:All terms and conditions of the amended lease are in effect
including the payment of rent which remains at $25,000 annually.
Alternatives:1. To Approve the assignment of the Public Facilities Lease
Agreement by and between Augusta, Georgia and Greenjackets
Baseball, LLC. 2. Move No Action
Recommendation:1. To Approve
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Cover Memo
Item # 2
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
BIZ\wec.007428.47721.012.Assignment of Public Facilities Lease Agr.v01.jaw.doc Page 1
ASSIGMET OF PUBLIC FACILITIES LEASE AGREEMET
BY AD BETWEE
AUGUSTA, GEORGIA AD GREEJACKETS BASEBALL, LLC
(LAKE OLMSTEAD STADIUM)
WHEREAS, the Board of Commissioners of Richmond County, Georgia and the City
Council of Augusta, Georgia, as lessor (the “Landlord”), and Scripps Baseball Group, Inc. as
lessee, entered into a Public Facility Lease Agreement dated May 9, 1994 which has been
subsequently amended on September 6, 1994; June 23, 1998; and April 12, 2004 (collectively,
the “Lease”); and
WHEREAS, the present lessee and tenant, Augusta Professional Baseball LLC (the
“Assignor”), desires to assign said lease agreement as amended to GreenJackets Baseball, LLC,
a Georgia limited liability company (the “Assignee”); and,
WHEREAS, the “Landlord, which cannot unreasonably withhold its consent to said
assignment, has reviewed the request for an assignment made by the Assignor and the
Assignee; and
WHEREAS, all conditions precedent to this assignment which are recited in Section 25
of said Lease, including the approval in writing of the South Atlantic League, the National
Association of Professional Baseball Leagues, Inc. and Major League Baseball, Inc. have or
will be obtained; and
WHEREAS, Assignee and Landlord expressly agree to the incorporation herein by
reference of the terms and conditions of the Lease.
NOW, THEREFORE, in consideration of the recitals herein above made and the mutual
covenants hereinafter contained, the duties to be undertaken by GreenJackets Baseball, LLC, as
Assignee, and the monies to be paid, Augusta Professional Baseball LLC, as Assignor, and
GreenJackets Baseball, LLC as Assignee and Augusta, Georgia, as Landlord, do by this
Agreement, specifically agree to the assignment of said Lease to GreenJackets Baseball, LLC:
1. Effective Date. The effective date of this assignment shall be [January __],
2013 and the first payment of rent due Augusta, Georgia as lessor shall be timely made
commencing on April 30, 2013.
2. Assignment. Assignor does hereby assign, transfer, and set over unto Assignee,
all of its right, title, and interest in and to the Lease and in and to the Facility, upon the terms and
conditions set forth herein. Assignee agrees to perform all duties and obligations of the Tenant
under the Lease arising on or after the date hereof. Assignor shall remain liable for any
obligations of the Tenant that arose prior to the date hereof.
3. Landlord’s Covenants. Landlord joins in this Assignment to indicate its
consent to the assignment herein made by Assignor to Assignee, under the terms and conditions
set forth above, and hereby:
Attachment number 1 \nPage 1 of 3
Item # 2
BIZ\wec.007428.47721.012.Assignment of Public Facilities Lease Agr.v01.jaw.doc Page 2
(a) Certifies that, as of the date hereof, Assignor is not in default under any terms
of the Lease, nor is there any event or occurrence which, to its knowledge, with the giving of
notice and/or passage of time would constitute a default by Assignor under the terms of the
Lease;
(b) Certifies that Landlord has full power and authority to execute and deliver this
instrument and to lease the Facility; and
(c) Acknowledges its release, as of the date hereof, of Assignor from any and all
further obligation and/or liability arising under the rents and obligations under the Lease from
and after the date hereof.
4. otices. That the "Notices section" of said lease is amended to provide that
all notices under the lease shall be forwarded to the following addresses:
For the lessee/assignee, Augusta Professional Baseball, LLC:
GreenJackets Baseball, LLC
78 Milledge Road
Augusta, Georgia 30904
Attention: Jeff Eiseman
Phone: 706.736.7889
Fax: 706.736.1122
For any notices to Augusta:
Augusta, Georgia
530 Greene Street
Augusta, Georgia 30911
Attention: Mr. Fred Russell, Administrator
Phone: 706.821.2400
Fax: 706.821.2819
and to:
Augusta Recreation and Parks Department
2027 Lumpkin Road
Augusta, Georgia 30906
Attention: William P. Shanahan, Deputy Administrator
Phone: 706.796.5025
Fax: 706.796.4099
5. Counterparts. This Assignment may be executed by the parties in one or
more counterparts, each of which shall be binding against the signatory and all of which taken
together shall constitute one instrument.
Attachment number 1 \nPage 2 of 3
Item # 2
BIZ\wec.007428.47721.012.Assignment of Public Facilities Lease Agr.v01.jaw.doc Page 3
The Lease otherwise remains effective between the parties, as written.
WHEREFORE, the above-referenced parties have hereunto caused these presents to be
executed by and through their authorized officials and the seals of said limited liability
companies affixed and the seal of Augusta, Georgia to be affixed, this ____ day of
_____________, 2012.
Assignor:
Augusta Professional Baseball LLC
By: ____________________________
As its: __________________________
___________________________
Witness
___________________________
Notary Public
Assignee:
GreenJackets Baseball, LLC
By: ____________________________
As its: __________________________
___________________________
Witness
___________________________
Notary Public
Augusta, Georgia
By: ____________________________
As its: __________________________
Attest:
____________________________
Clerk of Commission
Attachment number 1 \nPage 3 of 3
Item # 2
Public Service Committee Meeting
2/11/2013 12:50 PM
Aviation Consulting Services Selection
Department:Augusta Regional Airport
Caption:Motion to approve the selection of Mead and Hunt, Inc. as the
Aviation Consultant for the Augusta Regional Airport as approved
by the Augusta Aviation Commission at their January 31st
Meeting.
Background:The Federally approved contract period for Campbell & Paris,
Augusta Regional Airport’s consulting engineer of record has run
its term. RFQ Item #12-216 was advertised as required and
opened for evaluation on November 30, 2012, and phase I
evaluations were completed on January 16, 2013. The following
submittals were evaluated: Robert and Company, AVCON,
Inc., Prime Engineering, Inc., Mead and Hunt, Inc., Michael
Baker Jr., Inc. Campbell & Paris was ruled non-compliant by the
Richmond County Procurement Dept., and eliminated from the
process through a bid protest letter.
Analysis:The initial phase one evaluation or short listing was accomplished
by a staff committee on January 16, 2013 and an interview process
was scheduled for January 29, 2013, for the finalists. They are as
follows: Mead and Hunt, Inc. Michael Baker Jr., Inc. Prime
Engineering, Inc. The Phase II evaluation was conducted with live
interviews and the staff committee ranked them in the same order
with Mead and Hunt being recommended to the Augusta Aviation
Committee for selection and contract negotiations per the Federal,
State and County policy on consultant selection processing. In
attendance, observing but not voting in the phase II interviews
were members of the Augusta Aviation Commission’s
Engineering and Construction Committee.
Financial Impact:to be determined through contract negotiations.
Alternatives:Deny request.
Recommendation:The Richmond County Procurement Department and their staff
evaluation committee along with the Augusta Aviation
Cover Memo
Item # 3
Commission and airport Staff recommends the approval of the
proposed selection of Mead and Hunt, Inc. for final negotiations
and direct airport staff to bring a recommended contract back to
the Augusta Aviation Commission at the February 2013 meeting.
Funds are Available
in the Following
Accounts:
N/A at this time.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 3
Attachment number 1 \nPage 1 of 1
Item # 3
VENDORS Attachment B E-Verify SAVE Form Addendum 1 Original 7 Copies
Campbell & Paris Engineers
4215 LaFayette Center Drive, Ste 2
Chantilly, VA 20151
YES 404957 YES NO/Non-
Compliant YES YES
Robert and Company
229 Peachtree Street, NE
International Tower Ste 2000
Atlanta, GA 30303
YES 131272 YES YES YES YES
AVCON, Inc
5555 E. Michigan Street, Suite 200
Orlando, FL 32822
YES 402816 YES YES YES YES
Prime Engineering, Inc.
3715 Northside Pkwy NW 300
Atlanta, GA 30327
YES JSKA7299 YES YES YES YES
Mead and Hunt, Inc
307 W. Main Street
Lexington, SC 29072
YES 244747 YES YES YES YES
Michael Baker Jr., Inc
700 Huger Street
Columbia, SC 29201
YES 406250 YES YES YES YES
RFQ Opening
RFQ Item #12-216
Aviation Consultant Services
for Augusta, Georgia - Augusta Regional Airport
RFQ Due: Friday, November 30, 2012 @ 11:00 a.m.
The following vendors did not respond:
Cranston Engineering / 452 Ellis Street / Augusta, GA 30901
Heery International / 999 Pechtree Street, NE / Atlanta, GA 30303
Page 1 of 1
Attachment number 2 \nPage 1 of 1
Item # 3
EVALUATION CRITERIA:
Robert and Company
229 Peachtree Street, NE
International Tower
Suite 2000
Atlanta, GA 30303
AVCON, Inc.
5555 E. Michigan Street,
Suite 200
Orlando, FL 32822
Prime Engineering, Inc.
3715 Northside Pkwy NW 300
Atlanta, GA 30327
Mead and Hunt, Inc.
307 W. Main Street
Lexington, SC 29072
Michael Baker Jr., Inc.
700 Huger Street
Columbia, SC 29201
Eval 1 86 94 96 84 95
Eval 2 86 81 89 95 92
Eval 3 88 87 89 91 90
Eval 4 83 69.5 75 95 92
Eval 5 83 84 95 88 90
TOTAL 426 415.5 444 453 459
Phase I
Average Total 85.2 83.1 88.8 90.6 91.8
Presentations 3 1.25 1.75
Cumulative Phase I - Evaluation Sheet
RFQ Item #12-216 - Aviation Consultant Services
for Augusta, Georgia - Augusta Regional Airport
Evaluation Committee Comments:During Phase I Prime Engineering,Inc.,Mead and Hunt,Inc.and Michael Baker Jr.,Inc.received the highest scores and
were therefore shortlisted and invited to participate in Phase II of the evaluation process.During Phase II of the evaluation process,each company was
ranked on their presentation by the committee members with their number 1 choice receiving a 1. The cumulative totals are listed in Phase II.
Cumulative Phase II - Presentations
(Ranking in order of preference - 1 being the number one choice)
Attachment number 3 \nPage 1 of 1
Item # 3
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Attachment number 7 \nPage 1 of 2
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Item # 3
Public Service Committee Meeting
2/11/2013 12:50 PM
Contract Modification #10 – Choate Construction Company
Department:Augusta Regional Airport
Caption:Motion to approve Choate Construction Modification #10 - New
Fixed Base Operation (FBO) Closeout as approved by the
Augusta Aviation Commission at their January 31st Meeting.
Background:The Augusta Aviation Commission awarded a contract to Choate
Construction Company on June 30, 2011, for the construction of
the new Fixed Base Operation (FBO) building at the Augusta
Regional Airport. The original contract was for $5,045,461.00.
Analysis:Contract Modification #10 is the Airport’s request for Choate to
apply final credits for the contract closeout. The details of the
credits are explained in the attached supporting documents.
Original Contract $5,045,461.00 Previous Contract Modifications
$ 371,746.97 Contract Modification 10 ($89,874.74) Revised
Contract Total $5,327,333.23 The original project budget included
$100,000.00 in the Owner’s contingency for a total project budget
of $5,145,461.00. Due to the modifications, the project budget
was exceeded by $181,872.23 (3.5%).
Financial Impact:A credit in the amount of $89,874.74.
Alternatives:Deny request.
Recommendation:Approve the Choate Construction Company Change Modification
#10 - Closeout - with a credit of $89,874.74.
Funds are Available
in the Following
Accounts:
551-08-1206/54-13130
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
C&PE Project #: 0733-18 Contract Modification #10
Page 1 of 2
Contract Modification #10
Airport: Augusta Regional Airport Date Initiated:22 January 2013
Owner: City of Augusta Project: New FBO Terminal
Contractor: Choate Construction Company Project Number: 0733-17
The contractor is requested to perform the following work described upon receipt of an
approved copy of this document or as directed by the engineer.
Item
#
Choate
Contract Mod #Description Unit Quantity Line Item
Price
1 77 Flex 650 Concrete Settlement LS 1 ($25,500.00)
2 78 Owner Savings Credit LS 1 ($64,374.74)
($89,874.74)
Total Contract Amount
Original Contract Total $5,045,461.00
Previous Contract Modification Total (CM #1 -9)$371,746.97
This Contract Modification Total (CM #10)($89,874.74)
Revised Contract Total $5,327,333.23
Total Contract Time
Original Contract Time 250 calendar days
Changes to Contract Time from Previous Contract Modifications 89 calendar days
Changes to Contract Time from This Contract Modification 0 calendar days
Revised Contract Time Total 339 calendar days
This document shall become an amendment to the contract and all provisions of the
contract will apply.
Justification for Change
Brief description of the proposed contract changes and locations:
1.Flex 650 Concrete Settlement.This COP is issued to reflect the agreement
between Choate and the Owner to provide a credit to resolve the issue related to
P-501 Flex 650 concrete acceptance.This COP is a credit to the contract
amount by $25,500.00. Refer to Choate Change Order Proposal #77.
2.Owner Savings Credit.This COP is issued to reconcile the Owner’s share
(70%) of the savings in associated with the contract agreement between Augusta
–Richmond County, Georgia and Choate Construction.This COP is a credit tothe contract amount by $64,374.74. Refer to Choate Change Order Proposal#78.
Attachment number 1 \nPage 1 of 4
Item # 4
C&PE Project #: 0733-18 Contract Modification #10
Page 2 of 2
A breakdown of the credit is as follows:
Final Project Costs
(Referenced attached Job Cost Detail):$5,024,286.06Final Management Fee:$ 275,458.00Final Cost + Management Fee:$5,299,744.06
Final Contract Amount (Through CO#9):$5,391,707.97
Total Savings:$91,963.91Owner’s Share of Savings (70%):$ 64,374.74
Final Pay Application Amount
(Cost +Fee -Owner Savings)$5,327,333.23
Recommended
by:___________________________________Campbell & Paris Engineers January 22,2013Date
Accepted by:___________________________________Choate Construction Company ____________Date
Approved by:___________________________________Augusta Regional Airport ____________Date
Approved by:
_____________________________________City of Augusta _____________Date
Submit 4 original copies to the City of Augusta.
Attachment number 1 \nPage 2 of 4
Item # 4
Attachment number 1 \nPage 3 of 4
Item # 4
Attachment number 1 \nPage 4 of 4
Item # 4
Public Service Committee Meeting
2/11/2013 12:50 PM
Golf Course Contract
Department:Clerk of Commission
Caption:Discussion of the Golf Course contract. (Requested by
Commissioner Guilfoyle)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 5
Attachment number 1 \nPage 1 of 1
Item # 5
Public Service Committee Meeting
2/11/2013 12:50 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Public Services Committee
held on January 28, 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 4
Item # 6
Attachment number 1 \nPage 2 of 4
Item # 6
Attachment number 1 \nPage 3 of 4
Item # 6
Attachment number 1 \nPage 4 of 4
Item # 6