HomeMy WebLinkAbout2019-07-30 Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 7/30/2019
ATTENDANCE:
Present: Hons. Sias, Chairman; Clarke, Vice Chairman; B. Williams and
Davis, members.
Absent: Hon. Hardie Davis, Jr., Mayor.
ADMINISTRATIVE SERVICES
1. Award contract for RFP# 19-182: ARTS 2045 Metropolitan Transportation
Plan Update to WSP, USA Inc. (Requested by Planning & Development
Department via Administration)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made
By
Seconded
By
Motion
Result
Unanimous consent is given to
add this item to the agenda.
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes 4-0.
Commissioner
Mary Davis
Commissioner
Bobby Williams Passes
2. Request the replacement of one Landscape Truck for the Recreation
Department – Trees and Landscape Division for $49,185.00 using capital
outlay.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Ms. Davis out.
Motion Passes 3-0.
Commissioner
Bobby Williams
Commissioner
John Clarke
Passes
3. The Recreation and Parks Department - Municipal Golf Course requests the
purchase of one replacement Compact Utility Tractor at a cost of $25,146.00
using Capital Outlay. Bid Item 19-222 J & B Tractor Company of Augusta
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Ms. Davis out.
Motion Passes 3-0.
Commissioner
Bobby Williams
Commissioner
John Clarke Passes
4. Receive as information an emergency repairs to the Diamond Lakes Scoring
Towers elevators by Thyssenkrupp Elevator Corporation for a total of
$116,849.00 funded through funds designated for Existing Facility Upgrades
SPLOST VII.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Ms. Davis out.
Motion Passes 3-0.
Commissioner
Bobby Williams
Commissioner
John Clarke Passes
5. Provide Commission with an update on the disparity study. Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve having
a disparity study
implemented in
accordance with bullet #2
with the cost to be
supplemented with an
additional $200,000 and
move it forward to
Commissioner
Mary Davis
Commissioner
Bobby
Williams
Passes
Commission with a
financial update from the
Administrator. Mr. Clarke
out.
Motion Passes 3-0.
6. Motion to approve the By-laws revision request of the HCD Citizen
Advisory Committee.
Item
Action:
Rescheduled
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Defer
Motion to refer this
item back to Housing
& Community
Development.
Motion Passes 4-0.
Commissioner
Mary Davis
Commissioner
Bobby
Williams
Passes
7. Motion to approve Housing and Community Development Department’s
(HCD's) request to provide funding to assist two (2) low to moderate income
homebuyers with down-payment assistance to purchase a home.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes 4-0.
Commissioner
Bobby Williams
Commissioner
Mary Davis Passes
8. Motion to approve Housing and Community Development Department’s
(HCD's) request to provide two (2) HOME funding agreements to J. Lovett
Homes and Construction, LLC to develop two (2) family units for low to
moderate income families on McQueen Court (Twiggs Street Corridor).
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes 4-0.
Commissioner
Bobby Williams
Commissioner
Mary Davis Passes
9. Motion to approve the minutes of the Administrative Services Committee held
on July 9, 2019.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes 4-0.
Commissioner
Bobby Williams
Commissioner
Mary Davis Passes
10. Discuss/approve the naming of the Lake Olmstead Amphitheater in honor of
former Commissioners Andrew Jefferson and H. Grady Smith, III.
(Requested by Commissioner Bill Fennoy)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Ms. Davis votes No.
Motion Passes 3-1.
Commissioner
Bobby Williams
Commissioner
John Clarke Passes
11. Report from Administration regarding the use of air fresheners in
government buildings.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve
receiving this item as
information. Ms. Davis
out.
Motion Passes 3-0.
Commissioner
Bobby
Williams
Commissioner
John Clarke Passes
www.augustaga.gov
Administrative Services Committee Meeting
7/30/2019 1:15 PM
Attendance 7/30/19
Department:
Presenter:
Caption:
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
MEMORANDUM
Date: July 19,2019
To: Augusta Richmond County Commission
From: Robert H. Sherman III, Director of planning and Development
Thru: Mr. Jarvis sims, Interim Administrator of Augusta Richmond county
Mr. Tony McDonald, Deputy Administrator of Augusta Richmond County
Mr. Maurice McDowell, Interim Deputy Administrator of Augusta Richmond County
Caption
Planning & Development -MPO Contract for the 2040 Metropolitan Transportation plan(MTp)
Department
Planning & Development
Presenter
Robert Sherman or Department Designee
Background
On May 27,2019, the Augusta-Richmond County Commission approved the Fy2020 UpWpwhich includes the Metropolitan Transportation Plan (MTP). fni VfpO-Augusta RegionalTransportation Study (ARTS) consists of Aiken, Augusta, Columbia and EdiefieldCounty. Every five (5) years the MPO must complete the Metropolitan Transportation plan
(MrP).
Analysis
Each metropolitan planning organization (MPo) must prepare a Metropolitan TransportationPlan (MTP), in accordance with 49 USC 5303(i), to accomplish the objectives outlined by theMPO, the state, and the public transportation providers with respect to the development of themetropolitan area's transportation network. This plan must iaentiS, how the metropolitan areawill manage and operate a multi-modal transportation system (inciuding transit, highway,bicycle, pedestrian, and accessible transportation) to meet the region', J"oro*i", transportation,development and sustainability goals - among others - for a 2oi-yearplanning horizon, whilerernaining fi scal ly constrained.
Summary Financial
&rl
0( fi ua.
frr+wt1&*a 'tl'cl'r
-z_-/;ota{:t,\
$350,000 has been earmarked in the MPO Budget from FY20l9 and FY2O2O to cover the
expense. The contract will utilize $320,995.00 of the $350,000.00 planned.
The funding source(s) are outlined as follows:
FHWA-GA-PL= $2 I 6,000.00
FHWA-SC-PL: $64,000.00
Augusta Local Match: Up to $54,000.00
Aiken Local Match: Up to $16,000.00
Recommendation
Planning & Development seeks approval to awarding the Metropolitan Transportation plan
(MTP) contract to WSP, USA in the amount of $320,885.
Alternative
Noncompliance with the Federal rransit Administration (FTA) requirement.
Funds
The contract will utilize $320,885.00 of the $350,000.00 pranned.
The funding source(s) are outlined as follows:
FHWA-GA-PL: $2 I 6,000.00
FHWA-SC-PL: $64,000. 00
Augusta Local Match : Up to $54,000.00
Aiken Local Match: Up to $16,000.00
AGREEMENT NO. L82AO7
BETWEEN
WSP USA INC.
AT{D
clw oF AUGUSTA, GEORGIA
THIsAGREEMENTismadeandenteredintoasof-,2079,byandbetweenWsPUSA
INC., a New York corporation, with offices at 3340 Peadrtree Road NE. Suite 2400. Atlanta. Georoia. 30326
(hereinafter called "WSP USA'), and the City of Augusta. Georoia, a municipal corporation with offices at
535 Telfair Street. Augusta. Georoia, 30901 (hereinafter called "CllENT). (Individually "Party" and
collectively "Parties J.
ilOW THEREFORE, in consideration of the promises made herein, and other good and valuable
consideration exchanged between the Parties, it is agreed:
FIRST: ENGAGEMENT OF WSP USA
CUENT retains WSP USA to peform certain advisory services in support of a bid to orovide professional
olannino seMces to prepare the Auousta Rqional Tmnsportation Studv 2050 Metropolitan Tmnsportation
Plan (MTP) Update (hereinafter called the'PROJECT') as an independent contractor subject to the ternrs,
conditions, and stipulations as hereinafter stated.
SECOND:SCOPE OF SERVICES
The scope of seruices to be provided by WSP USA under this Agreement are those more fully described in
the attached Exhibit A ('services').
THIRD: COMPENSATION
Compensation under this Agreement shall be according to the Fees as set forth in Exhibit A, attached hereto
and inmrporated into this Agreement by reference.
FOURTH:EFFECTIVE DATE AND DURATIOI{
1. This Agreement shall become effective from the day and year first written above. Unless
terminated or extended, this Agreement shall have a term of eiohteen (18) months and shall expire
at the end of that period. CUENT reserves the right, upon the mutual agreement of the parties,
to extend the term of this Agreement, and to increase the original compensation amount by giving
written notice to WSP USA at least thirty (30) days prior to the expiration of the original term ofthe Agreement. WSP USA shall not perform any of the SERVICES and CUENT shail not pay for
any SERVICES performed or expenses incurred by WSP USA after this Agreement has expired',
2. WSP USA shall not begin any work under the terms of this Agreement until authorized in writing
by CUENT. The established e><piration date of this Agreemenl shall be extended as necessary bf
CLIENT in the event of a delay attributable to CUENT, or because of delay or default caused byfire, riot acb of God, or war where such cause was @ond the reasonable control of CTIENT or WSi
USA, repectively. WSP USA shall, however, make reasonable efforb to mitigate such a cause ofdelay or default and shall, upon the cessation of the cause, diligenUy pursue performance of ib
obligations under this Agreement.
FIFTH: PAYMENT
1. Payments will be made within thirty (30) days after receipt of a proper invoice. Invoices must
reference the Agreement Number, a list of products delivered, all applicable task for which
payment is being requested, rates charges and amounb due. Invoices shall be addressed to:
City of Augusta
Department: Planning and Development
535 Telfair Street
Augusta, Georgia, 30901
ATTENTION : MPO-C-arla Delaney
Payment shall be sent to:
WSP USA Inc.
P.O.732476
Da I las, T a<as 7 537 3 -247 6
2. If CUENT fails to make any payment due WSP USA for services and expenses within thifi (30) days
after receipt of WSP USA's invoice, then:
a) amounts due WSP USA will be inoeased at the rate of L.Oo/o per month (or the maximum
rate of interest permitted by law, if less) from and after tre 30th day following CUENTT
receipt of an undisputed invoice; and
b) WSP USA may, after giving seven (10) days written noUe to CUENT, suspend services under
this Agreement until CUENT has paid in full all amounb due for services, expenses and other
related charges. This provision shall only apply to undisputed invoices.
3. If CUENT contests an invoice, CUENT may withhold only that portion so contested, and must pay
the undisputed portion.
4. If an invoice does not mmply with the Agreement's requirements, the CUENT shall return it within
five (10) days after receipt or in as much time required to review the requisite duties performed
with the reasons why it is not a pncper invoice. CUENT will take into account untimely notification
when computing any interest penalty owed WSp USA.
SIXTH: PROGRESSREPORTING
WSP USA shall have regular calls with the CLIENT, as needed to discuss the various phases and the orderof performance of the SERVICES in sufficient detail.
SEVENTH: MODIFICATION OF AGREEMENT
1. The SERVICES set forth in Exhibit A of this Agreement may be reduced, modified, expanded withinor beyond the scope of this Agreement by written agreement modifications executed by CUENTand WSP USA.
a, Except as provided in Paragraph b, below, in the event CUENT requires a reduction,
expansion, or modification of the SERVICES, CUENT shall issue to WSP USA a writtennotification which specifies such reduction, expansion, or modification. Within thifty (30)
days after receipt of the written notification, WSP USA shall provide CUENT with a det;iled
cost and schedule proposal for the work to be performed or to be reduced. This proposal
shall be accepted by CUENT or modified by negotiations between CUENT and WSp USA
and, thereafter, an agreement modification shall be executed in writing by both parties.
b. Notwithstanding Paragraph a, above, CLIENT may at any time, by written order, make
changes within the general scope of this Agreement to the SERVICES to be performed byWSP USA. If any such change causes an increase or decrease in the estimated cost of, orthe time required for, the performance of any part of the work under this Agreement,whether or not changed by the order, CIJENT shall make such adjustmen-ts as are
appropriate and equitable and shall modify the Agreement in writing accordingly. Anyclaim by WSP USA for adjustment under this dauie must be asserted witfrin tfiirty 1eO)days from !" -Outg of receipt by WSP USA of the notification of change, provided nowever,that CLIENT, if it decides that the facts justifo such action, may receive and act upon suchclaim asserted at any time prior to final payment under this Agreement. Failure to agreeto any adjustment shall be a dispute subject to the provisions of Section Eighteenth.
2. No seruices for which additional cost or fee will be charged by wsP usA shall be furnished withoutthe prior express written authorization of CLIENT.
3' Unless specified in a written agreement modification, no change, reduction, modification orexpansion of the SERVICES within or beyond the scope of this Agreement shall serve to modifo theterms and conditions of this Agreement.
EIGHTH:DATA TO BE FURNISHED BY CLIEI{T
CUENT agrees to furnish to WSP USA any plans and any other data available to CLIENT and not prohibitedby law upon request by by WSP USA for the rendition of tfre SfnVtCES described herein.
NINTH:IN DEPENDEI{T CONTRACTOR
1. WSP UsA shall perform the SERVICES as an independent contractor. Although CuENT reseruesthe right to (i) to determine the delivery schedule for the SERvICES to be p6rformed and (ii) toevaluate the quality of the completed performance, CLIENT cannot and will not control the meanor manner of WSP USAt performance. WSP USA is responsible to determining the appropriate
means and manner of performing the SERVICES.
2. WSP USA shall be responsible for all federal, state or local taxes applicable to compensation orpayments paid to WSP USA under this Agreement. CUENT will not withhold from suchcompensation or paymentg any amount(s) to cover WSP USA's federal, state or local taxobligations. WSP USA is not eligible for any social security, unemployment insurance or worke6,compensation benefits from compensation or payments paid to WSP USA under this Agreement,except as a self-employed individual.
TENTH:INSURANCE
1. WSP USA shall, at all times that this Agreement is in effect, cause to be maintained in force andeffect an insurance policy(s) that will ensure and indemnifo the CITy against liability or financial
loss resulting from injuries occurring to persons or property or occurring as a resullof anynegligent error, act, or omission of the WSP USA in performance of the-work during the term ofthis Agreement.
2. WSP USA shall provide, at all times that this agreement is in effect, Worker's Compensationinsurance in accordance with the laws of the State of Georgia.
3. WSP USA shall provide, at all times that this Agreement is in effect, Insurance with limits of notless than:
a. Workmen's Compensauon Insurance - in accordance with the laws of the State of
Georgia.
b. Commercial General Liability Insurance - in an amount of not less than One Million($1,000,000) Dollars per occurrence and in the aggregate covering bodily injuries,including those resulting in death, and propefi Oahage.
c' Valuable Papers Insurance - in an amount sufficient to assure the restoration of anyplans, drawings, field notes, or other simitar data relating to the work covered by theProlect.
d. Pro,fessional .Liability.Insurance - in an amount of not less than One Million ($1,000,000)Dollars per claim and in the aggregate.
CITY will be included as an additional insured with respect to WSP USA's liabilities hereunder in
insurance coverage's identified in item (b).
5. The policies shall be written by a responsible company(s), authorized to do business in Georgia
with an A.M. Best rating of A- VII or better, and shall be noncancellable ercept on thirty-(3O) days'
written notice to the CITY.
ELEVEI{TH:INDEMNITY
Except for willful misconduct of CLIENT, WSP USA shall indemnifo, protect, defend and hold
harmless CLIENT and any and all of its officers, directors, agents, and employees from and against
any claims, charges, damages, costs, expenses, judgments, civil fines and penalties, liabilities or
losses of any kind or nature whatsoever which may be sustained or suffered by or secured against
CUENT andlor its officers, directors, agents, and employees by reason of any damage to property,
injury to persons or any action that may arise out of the peformance of such seruices rendered
pursuant to this Agreement to the extent such is caused by any negligent act, omission or error of
WSP USA, its officers, directors, agents, employees or subconsultants.
Notwithstanding any other provisions of this Agreement, and to the greatest extent permitted by
law, WSP USA's total aggregate liability for injury or damage to CUENT arising in any way out of
this Agreement, caused by breach of (including, but not limited to loss of use, opportunity, profits,
or business) shall in no event exceed a sum equalto the totalof professional fees paid by CUENT
to WSP USA for performance of the Services.
TWELFTH:PERSOI{AL TIABILITY
No liability arising out of this Agreement shall accrue against any individual, director, shareholder,
representative, or fiduciary of WSP USA unless caused by fraud or willful misconduct.
THIRTEENTH:TERMII{ATION
1.Parties' Right to Terminate for Convenience. This Agreement may be terminated at any time
by mutual written consent of the Parties.
CLIENTS Right b Terminab for Convenienoe. CLIENT may, at ib sole discrction, terminate this
Agreement in whole or in paft, upon 30 days written notice to WSP USA.
In srch an event WSP USA shall be paid for the services rendered, an amount bearing the same ratio
to the total Agreement price as the amount of services completed or partially ompleted and delivered
to CLIENT bears to the total amount of seruie provided for herein, in addition to all reasonable
termination o(penses as determined in good faith by the mutual agreement between OIENTand WSP
USA as an amendment to the Agreement.
Clienfs Right b TerminaE for Cause. CUENT may terminate this Agreemen! in whole or in
part, immediately upon written notie to WSP USA, or at such later date as CLIENT may establish in
such notice, upon the occutrerrce of any of the following arenE:
a. WSP USA no longer holds any license or certificate that is required to perform the SERVICES;
or
b. WSP USA ommits any material breach or default of any ovenant wananty, obligation or
agreement under this Agreement, fuils to perform the SERVICES under this Agreement within
the time specified herein or any extension thereof, or so fails to perform the SERVICES as to
endanger WSP USA'S performance under this Agreement in accordance with its terms, and
such bneach, default and failure is not cured within 10 business days after delivery of CLIENTs
notice, or such longer period as CLIENT may speciff in such notice.
In such an event WSP USA shall be paid for the value of services rendered and delivered to CUENT
up to the time of termination less any additional expenses created by the breach. If it is determined
for any r@son that WSP USA was not in dehult or that WSP USq'S failure to perform is without WSP
1.
3.
USA'S or its employee's default or negligene, the termination shall be deemed to be a termination for
the onvenience of CllENT. In such an event, WSP USA shall be compensated in accordanoe with the
Termination for Conveniene dauses listed prwiously.
4. WSP USA's Right to Terminab for Cause.
a, WSP USA may terminate this Agreement by giving written notice to CUENT if CUENT fails
to pay WSP USA pursuant to the terms of this Agreement and if CLIENT fails to cure within
7 business days after receipt of WSP USA'S written notice, or such longer period of cure as
WSP USA may specifo in such notice.
b. WSP USA may terminate this Agreement, for reasons other than nonpayment, if CUElfl:
commits any material breach or default of any @venant, warranty, obligaUon or agreement
under this Agreement, fails to perform under the Agreement within the times specified, or
so fails to perform as to endanger WSP USA'S performance under this Agreement, and such
breach, default or failure is not cured within 10 business days after delivery of WSp USA'snotice, or such longer period as wsp USA may specify in such notice.
FOURTEENTH: OWNERSHIPOFDOCUMENTS
CUENT acknowledges that any softurare, research, repofts, studies, estimates, data, photographs,
negatives or other documents, plans, drawings, memoranda, computation sheeb or materials prepared
!V_ wSn USA in the performance of its obligations under this Agreement are to remain the property oi WSpUSA. WSP USA, however, grants CLIENT a license to use said materials on the PROJECf, extensions ofthe PROJECT, and other projects of GLIENT, subject to the following limitations:
1' CUENT acknowledges that such materials are not intended or represented to be suitable for use onthe PROJECT unless completed by WSP USA, or for use or reuse by CUENT or others on o<tensions
of the PROJECT or on any other project without written verification or adaptation by WSp USA;
2. any such use or reuse, or any modification of the such materials, without written verification,
completion, or adaptation by WSP USA, as appropriate for the specific purpose intended, will be atCUENT'S sole risk and without liability or legal exposure to WSp USA or to WSp USA,ssubconsultants;
3. CUENT shall indemnify and hold harmless WSP USA and WSP USAt subconsultants from all claims,damages, losses, and expenses, including attorneys'fees, arising out of or resulting from any use,reuse, or modification without written verification, completion, oi adaptation by CUTNT; and4. such limited license to GLIENT shall not create any rights in third parties,
FIFTEENTH: SUCCESSORSANDASSIGNS
The Pafties shall not assign, sublet, sell, transfer, or otherwise dispose of any interest in this Agreementwithottt the prior written approval of the other pafi. Any unauthorized attempt thereat shall be void andunenforceable.
This Agreement shall be binding upon and inure to the benefit of the pafties hereto, their successors andpermitted assigns, but shall not inure to the benefit of any third party or other person.
SIXTEENTH: NONWAIVER
No failure or waiver or successive failures or waivers by the Pafties, their successors or permitted assigns,in the enforcement of any mndition, covenant, or section of this Agreement shall operate as a dischirge
o-f any such condition, covenant, or section nor render the same invilid, nor impair n" r,gnt of the paftiJs,
their s_uccessors or permifted assigns, to enforce the same in the event of any subsequeni breaches by theother Party, their successors or permitted assigns.
SEVET{TEEI{TH: NOTIFICATION
All notices required or permitted under this Agreement shall be in writing and shall be deemed sufficiently
served if served by Registered Mail addressed as follows:
TO WSP USA:WSP USA Inc.
33210 Peachtree Road NE, Suite 22100
Atlanta, Georgia, 30326
ATTENTION: Oaudia Bilofto, Vice President, Atlanta Area Manager
City of Augusta
Depaftment: Planning and Development
535 Telfair Street
Augusta, Georgia, 30901
ATTET{TION : MPO-Carla Delaney
TO CLIENT:
EIGHTEENTH: DISPUTES; GOVERI{INGIAW
1. Any and all claims, disputes, and other matters in question arising out of or relating to this
Agreement or the breach thereof shall first be referred to each Party's senior management for good
faith negotiations. If such negotiations fail to resolve a dispute within forty-five (45) days irom
delivery of a written notice requesting referral, either party may pursue its rights through thejudicial process.
2. The law of the State of Georgia shall govern the CONTMCT between CUENT and WSp USA with
regard to its interpretation and performance, and any other claims related to this agreement.
3. All claims, disputes and other matters in question between CUENT and WSP USA arising out of or
relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. WSP USA, by executing this Agreemen! specifically consents tojurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and
venue in the Superior Court of Richmond County, Georgia.
NINETEET{TH:KEY PERSOI{T{EL
WSP USA has designated Glenn C-oyne, FAICP as the Project Manager (PM). In the event that the pM is
unable to continue performance under this Agreement, the appointment of a replacement of equal caliber
shall be subject to the prior written approval of CLIENT. WSP USA agrees to assign specific individuals to
key positions. WSP USA agrees that, upon commencement of the SERVICES to be pedormed under this
Agreement, key personnel shall not be removed or replaced without prior written notice to CLIENT.
TWENTIETH: CONFIDENTIALINFORJIIATIOI{
1. During the term of this Agreement, each Party may provide the other access to proprietary technical
and commercial information ('ConfidentiallnformationJ that is to be protected from diiclosure tothe same degree as the receiving Pafi protects its own proprietary information. For purposes ofthis Agreement, Confidential InformaUon means commercially sensitive information including butnot limited to technical data, trade secrets or know-how, research, data, market and finJncialanalysis, technology, designs, drawings, engineering work product, softrruare, inventions,
processes, formulas, and other business information that is i) marked as proprietary or confidentiat,
and ii) disclosed by one Pafi to the other, whether directly, indirectly, in writing, orally, by drawing,or by inspection. If disclosure is not presented in writing, the Party making the disciosure w'iilprovide a written version, marked as Confidential Information, within ten (l0Ibusiness days fromthe date of disclosure. Confidential Information does not include information that i) is known tothe receiving Party at the time of disclosure, ii) has been independently developed by the receiving
Party without reference to the disclosing Party's Confidential Information, iii) has beoome publicli
known and generally available through no wrongful act of the receiving Party, or iv) is required to
be disclosed pursuant to the lawful order of a court or governmental body, in which case, to the
extent legally permissible, the Party subject to such order will give prompt notice to the other and
cooperate in that Pafi's effort to seek appropriate protective orders.
2. Unless authorized in writing by the disdosing Party, the receiving Pafi will not use Confidential
Information for any purposes other than those anticipated by this Agreement.
3. Each Party agrees to take reasonable precautions to prevent unauthorized use or disclosure ofthe
othe/s Confidential Information, and will notifi7 the other as soon as possible after it becomes
aware of or has reason to suspect unauthorized use or disclosure.
4. Upon request from the disclosing Party, the receiving Pafi will return all copies of Confidential
Information provided under this Agreement (including summaries), or certifo that such information
has been destroyed. The receiving Party may retain copies of Confidential Information to the
limited extent required for it to comply with audit or other legal or regulatory obligations or in
accordance with such Party's security, disaster recovery andlor intemal procedures regarding
retentlon of archival copies of the Confidential Information in archived computer system Uacf-up.
5. This section will survive termination of this Agreement.
6. Any obligation under this section in conflict with Georgia Open Records Requirements shall bewaived.
TWENTY-FIRST: PUBLICATION AND PUBIICITY
The Pafties, their assignees, employees or agents shall not release or publish any information or materialgenerated from the PROJECT to others without the express written permission of the other party. Thisrequirement shall survive the expiration of this Agreement. WSP USA acknowledges that it may berequested to release specific findings, forward-looking statements and analyses in the form of documentedreports for the explicit benefit of interested third parties, and that such a reiease of material will be subjectto and conditioned upon a separate waiver and release between WSP USA and those third pafties.
TWENTY.SECOND: NO THIRD PARTY BENEFICIARIES
CLIENT and WSP USA are the only Parties to this Agreement and are the only Parties enti1ed to enforceits terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provideany beneflt or right, whether directly, indirectly or otherwise, to third persons unless such third persons
are individually identified by name herein and expressly described as intended beneficiaries of the terms ofthis Agreement.
TWENTY.THIRD: PROPRIETARY RIGHTS
CLIENT agrees that if copyrights, patentable discoveries or inventions or rights in data should result fromwork described herein, all rights accruing from such discoveries or inventions shall be the sole propeq.;f
WSP USA.
TWENTY-FOURTH: STANDARD oF PERFOR},IANCE
CLIENT agrees that WSP USA warrants only and exclusively to CLIENT that the standard of performance
for all professional services performed or furnished by WSP IJSA under this Agreement wilt be the care andskill ordinarily used by members of the applicable profession practicing undei similar circumstances at thesame time and in the same locality. The foregoing warranties are exclusive and are in lieu of anyand all other waranU6, expressed or imptied, arising by law or cusbm, including, but noilimited-to, the implied warranty of merchantability an? ttre imptied *"rr"rrty of fitness for aparticular purpose,
TWENTY-FIFTH: SUBCONSUTTAT{TS
During the performance of the Agreement, WSP USA may engage subconsultants as may be required for
the timely completion of this Agreement.
TWEilTY-SIXTH: OBSERVANCE OF LAWS
Throughout the term of this Agreement, WSP USA shall keep fully informed of all applicable federal, state,
county and local laws, ordinances, codes, rules, aM regulations in effect when the SERVICES are
pedormed, which direcUy affect work authorized under the terms of this Agreement. WSP USA shall at all
times obserue and comply in all material respects with all such laws, ordinances, codes, rule and
regulations in peforming its duties, responsibilities and obligaUons related to this Agreement.
TWENTY.SEVENTH: SECTION HEADINGS
The section headings appearing herein shall not be deemed to govern, limit modify or in any manner affect
the scope, meaning or intent of the provisions of this Agreement.
TWENTY.EIGHTH: ilOil.SOtICTTATIOl{OFEMPTOYEES
Neither party shall, during the term of this Agreement and for one year after its termination, solicit for hire
as an employee, @nsultant or otherwise any of the other Partyt personnel who have had direct
involvement with the SERVICES, without such other Party's express written consent. If any employee
terminates employment with either Party for any reason during the course of this Agreement, the other
Party has the right to hire such employee as an employee or an independent contractor of other Party with
no compensation being owed.
TWENTY.NINTH: SIGNATORY WARRAT{W
The undersigned signatory for CLIENT hereby represents and warrants that he or she is an officer of the
organization for which he or she has executed this Agreement and that he or she has full and oomplete
authority to enter into this Agreement on behalf of the organization. These representations and warranties
are made for the purpose of inducing wsP usA to enter into this Agreement.
THIRTIETH: INTERPRETATION
This Agreement is the result of negotiations between the Parties, and accordingly the terms and provisions
hereof shall be interpreted and construed in accordance with their usual and customary meanings, The
pafties hereby waive the apflication of any rule of law which otherwise would be applicable in oonnection
with the interpretation and construction of this Agreement that ambiguous or conflicting terms or provisions
should be interpreted and construed against the party who (or whose attorney) prepared the executed
Agreement or any earlier draft of same.
THIRW.FIRST: SEVERABILITY
Each part of this Agreement is intended to be separate. If any term, covenant, condition, or provision
hereof is illegal or invalid or unenforceable for any reason whatsower, such itlegality, invalidity orunenforceability shall not affe<t the legality, validity or enforceabitity of the remaining parts of thisAgreement and all such remaining parts hereto shall not be impaired or invalidated in anf way, but shall
be legal, valid and enforceable and have full force and effect as if the iltegal, invalid, unenforceable part
has not been included.
THIRW-SECOND: EXTENTOFAGREEMEI{T
This Agreement represents the entire and integrated agreement between WSp USA and CLIENT andsupersedes and replaces all terms and mnditions of any prior agreements, arrangemenb, negotiations, orrepresentations, written or oral, with respect to this PROJECT.
fRemainder of page intentionally lefr blank.l
IN WITNESS WHER.EOF, this Agreement for the has been executed by WSp USA and the CUENT,effective from the day and year first written above.
wsP usA II{c.
Name & Title: Eric R. Roecks, COO, Sr. Vice president
Dated: 7_2_2019
AUGUSTA, GEORGIA
By:
Hardie Davis, Jr.
As Its Mayor
Dated:
ATTEST:
By:
Lena Bonner
Clerk of Commission
Dated:
Jarvis Sims
Administrator (Interim)
Attachments: Exhibit A - Scope of Services
Exhibit B - Fees
Exhibit C - Schedule
By:
Exhibit A - Scope of Services and Fees
TASK #1: PROJECT ADMINISTRATION AND PROJECT KTCKOFF
The CONSULTANT will assign a single person to serve through the life of the contract as
CONSULTANT Project Manager (CONSULTANT PM). ARTS will assign a Project Manager (PM) to
work closely with the CONSULTANT PM. The overall update process and policy decisions will be
guided by ARTS and its committees and subcommittees.
a) The CONSULTANT and ARTS staff will host a project kick-off meeting no more than two (2)
weeks after the Notice to Proceed letter. The Kick-off meeting will be held at the ARTS
offices in Augusta GA at a date and time satisfactory to both parties. The purpose of the
project Kick-off meeting is to:
1) lntroduce both teams;
2l Understand the project background;
3) Understand the expected quality of deliverables;4l Understand what needs to be done;
5) Agree on how both teams can work together effectively.
b) The CONSULTANT PM is responsible for overall project management necessary to ensure
the satisfactory completion of 2050 MTP, on-time and on-budget, and in accordance with
the scope of services. The CONSULTANT PM will be responsible for developing and adhering
to a schedule that allows the submission of a Draft 2050 MTP no later than Februa ry ZO2O
and a Final 2050 MTP submitted no later than August 2020.
c) The CONSULTANT will develop an operations plan for completing the MTP within two (2)
weeks of the Notice to Proceed letter. The operations plan will include:
1) Detailed listing of the activities necessary to complete the MTp;2) Schedule for each activity;3) ldentification of who will be responsible for the activity; and,4) Total resources required to complete the activity.
The operations plan developed will be reviewed by the FHWA, GDOT, SCDOT and ARTS.
Once approved the operations plan willthen become the overall management control
document for completing the MTP process.
d) The coNSULTANT shall complete a draft 2O5O MTP no later than Februa ry 2120to allow for
public review, workshops and presentations to ARTS committees, constituents and
stakeholders. ARTS will provide information on scheduled meetings, activities, and
deadlines which impact the MTP update effort and will inform the CONSULTANT of any
schedule changes.
10
e) ARTS committees include: Policy Committee (PC) made up of elected and appointed
officials: Technical Coordinating Committee (TCC) comprised of administrators, planning
directors, and transportation engineers from local governments and transportation related
agencies; Citizens Advisory Committee (CAC) comprised of citizens representing geographic
areas within the ARTS planning area; and, the South Carolina Subcommittee made up of
locally elected officials.
f) Scheduled meetings within the proposed project execution period of the pC are listed in
Exhibit D. South Carolina Subcommittee meets quarterly as listed in Exhibit E. Meetings of
any ARTS committee will be important milestones for maintaining project schedute. The
CONSULTANT must be prepared to be present (and answer questions or give a presentation
if requested)at ARTS committee meetings.
g) The CONSULTANT will maintain and update the time schedule for completing each of the
required tasks. The CONSULTANT is responsible for notification to ARTS staff of all proposed
changes to the project schedule for approval.
h) The CONSULTANT is required to prepare and maintain a project schedule, indicating the
time frame for the project. At a minimum the project schedule must include:
1) Dates for all deliverables;
2) Activity start and completion dates;
3) Milestones important to maintaining the project schedule;4l Steering Committee meetings.
Task #1 Project Administration Deliverables:
o Project Kick-off Meeting with ARTS staff and CONSULTANT. Operations Plan/ project Scheduleo Monthly Progress Reports and Figureso Monthly invoices with supportive information to account for the invoices
TASK #2: PUBtlc INVOLVEMENT, EDUcATtoN AND ourREAcH (PART tl
Preparation of the 2050 MTP will involve extensive public involvement and public meetings.
Public participation is a critical component of this process to ensure a continuing, cooperative
and comprehensive Metropolitan Transportation Planning process as well as community
ownership of the 2050 MTP. outputs of the final 2050 MTP process must reflect robust
engagement with all planning partners throughout.
The CoNSULTANT will support a public involvement program that ensures the residents of the
ARTS planning area are aware of, actively participate in, and are engaged to the maximum
extent possible. The 2050 MTP update is the "public's plan", so input from as many population
groups is a very important part of the plan development.
11
a)
b)
c)
d)
The CONSULTANT shall undertake outreach efforts within the ARTS planning area. The
CONSULTANT shall work together with ARTS staff in conducting various Public lnvolvement,
Education and Outreach activities in the ARTS planning area.
The CONSULTANT will be guided in the deployment of public outreach activities by the ARTS
Public Participation Plan Update (PPP) (Adopted December 20171. The CONSULTANT may
use alongside the PPP other public outreach strategies identified here
http://mpotransportationoutreachplanner.org/mpotop/strategies as a resource to ensure
that all groups, in particular, traditionally under-represented population groups are
included in the planning process.
The CONSUTTANT with input from ARTS staff shall create a theme, logo and branding
consistent with the 2050 MTP. The CONSULTANT shall use the ARTS logo on all materials
such as, but are not limited to: brochures, fact sheets, informational booklets, and flyers.
Under the guidance of ARTS staff the CONSULTANT shall create education and outreach
materials and publications that inform the public about the MTP update and ways to
provide input. ln addition to the ARTS logo and MTP theme/logo; the ARTS website, phone
number, social media accounts, and other appropriate information must be included on all
outreach materials.
The CONSULTANT will translate any public outreach material, as a minimum into Spanish.
However, ARTS staff will work with the CONSULTANT to determine which outreach
documents are translated and the language/s required.
The City of Augusta will host the 2050 MTP website as a page on www.augustaga.gov and
will be responsible for the management and maintenance of that page. The CONSULTANT
will be responsible for purchasing a website domain to redirect to the main MTP webpage
on the City of Augusta website. The CONSULTANT willwork with ARTS staff to produce
content, graphics, short videos, pictures, and infographics for placement on the ARTS and
MTP websites as well as social media platforms, such as Twitter, Facebook, YouTube, and
lnstagram. The CONSULTANT will, in conjunction with ARTS decide which social media
opportunities should be pursued to maximize their effective use.
The CONSULTANT under the guidance of ARTS will develop and post an online interactive
map of the ARTS planning area. The map will allow the public to click on an area on the map
and leave comments, concerns and suggestions as to their thoughts on transportation in the
ARTS planning area.
The CONSULTANT together with ARTS will host four public outreach meetings no later than
three (3) months after the Notice to Proceed Letter. One venue in each of the four county
ARTS Planning Area will be selected to host each meeting. Meeting objective is to outline
e)
s)
h)
12
the MTP update process to gain initial insight into the public's thoughts on transportation
options and desired goals of the MTP update.
Task #2 Deliverables: Public tnvolvement, Education and Outreach (part 1|
r Technical Report #1: Public outlook towards MTP process, potential goals and
transportation in the ARTS planning areao MTP theme, slogan and brandingo MTP website/domain purchase and development of content, graphics, short videos,
pictures, and infographics for MTP websiteo lnteractive map for the 2050 MTP
TASK #3: DATA COTLECTION AND DEVELOPMENT
The CONSULTANT shall collect, compile and review all documents and data pertaining to ARTS
multimodal transportation system and existing and forecast travel activities in the area. Data
collection and development to be completed within four (4) months of the Notice to proceed
letter. These documents may include, but are not limited to reports, studies, academic
literature, state and Federal statutes, programs and data that pertain to the ARTS planning area
transportation system, including best practices. The following documents will be made available
to the CONSULTANT as part of the document review process:
o Aiken County Bicycle and Pedestrian plan {2OL2lo Aiken County Comprehensive Plan 2016o ARTS 2040 Metropolitan Transportation Plan (MTP), adopted September 2015o ARTS Advanced Transportation Management System (ATMS) Master Plan (2013)o ARTS Congestion Management process {CMp) Update (2019)o ARTS FY 2O!7-2O22 Transportation lmprovement program (Tlp)o ARTS Public Participation plan Update lZOtT)o Augusta ADA Self-Evaluation and Transition plan (2016)
' Augusta Public Transit (APT) - Comprehensive OperationalAnalysis (2ot7lo Augusta Regional Freight Profile (2008)
. Augusta RegionalTransportation Study Bicycle and Pedestrian Plan (2}1.2lo Augusta-Richmond Comprehensive plan (2019)o Best Friend Express Transit Development plan (2OL7l. City of Aiken Comprehensive plan 12017). City of Grovetown Comprehensive plan (2016). City of North Augusta Comprehensive plan (ZOL7\r Dougherty Road Corridor Study (2013)r Georgia Statewide StrategicTransportation plan (SSTP) (2019). Georgia Statewide Freight and Logistics plan, 2010-2050o Lower Savannah Council of Governments Comprehensive Economic Development
Strategy lz01-7lo Northside Transportation Study lZOlZ)
13
a
a
a
a
a
a
Realizing the City: The Augusta Sustainable Development Agenda (ASDA) (2010)
Reclaiming Historic Harrisburg (2011)
SC L9 (Edgefield Highway) Corridor Study l2014l
SCDOT Statewide Multi-Modal Plan (2014)
SCDOT South Carolina Statewide Freight Plan (2014)
The 2013 Augusta-Richmond County Analysis of lmpediments to Fair Housing Choice
(2013)
Transportation Management Area (TMA) Certification Review (2016)
US UUS 78 Corridor Study (20t21
Westobou: A Shared Vision Master Plan (2009)
W,hiskey Road Corridor Study (20L7l.
a
a
a
o
The CONSULTANT shall review and summarize these documents and corresponding data in
terms of their impact and relevance to the MTP update, particularly state and Federal
legislation and include any potential conflicts or inconsistencies that must be addressed.
Data necessary to support development and measurement of the goals and objectives of the
2050 MTP update as well as required performance measures will be collected and in some
cases created by the CONSULTANT. The CONSULTANT is expected to identify GIS and other
mapping data needs early in the project schedule to support analysis and other MTP update
tasks. The CONSULTANT is responsible for collecting relevant GIS layers, mapping and data.
ARTS will provide the CONSULTANT a list of available GIS layers, maps, and data; and supply
requested materials electronically, when feasible, to the CONSULTANT.
Socio-Economic Data
The CONSULTANT will develop base year (2020) a nd future year (2050) socio-economic data for
the travel demand model by Traffic Analysis Zone (TAZ) for the ARTS planning area. The socio-
economic data must include but is not limited to, the following data elements: population and
household data; employment data; hotel/motel, school enrollment data; acreage; and future
year projections.
The CONSULTANT will prepare the socio-economic data according to the GDOT General
Summary of Recommended Travel Demand Model Development Procedures for Consultants,
MPOs, and Modelers. The socioeconomic data will be submitted to GDOT's Modeling division
on behalf of ARTS in developing the travel demand model for the ARTS planning area. Schedule
for submitting data and the analysis of the data will be coordinated with GDOT's Modeling
Division.
Pedestrian, Bicycle and Greenways Data
The pedestrian, bikeways and greenway data will be used to inventory the existing pedestrian
facilities and bikeways networks within the ARTS planning area. ARTS staff will transmit to the
CONSULTANT the available sidewalk and bikeway data as contained in the Aiken County Bicycle
and Pedestrian Plan lz0L?l; and, Augusta RegionalTransportation Study Bicycle and Pedestrian
14
Plan (2012). Sidewalk and bikeway data may also be provided by jurisdictions in the ARTS
planning area if needed.
The CONSULTANT will be responsible for ensuring that the sidewalk and bikeway data is both
accurate and up to date and for suggesting corrections or modifications as necessary. The
CONSULTANT shall use G15 to produce the existing pedestrian, greenways and bikeway facilities
maps. The CONSULTANT shall identify on these maps major traffic generators for pedestrian
and bicycle trips such as schools, recreational facilities, major employers and others.
Freight Transportation Network Data
The 2020 and 2050 highway network will be used to identify projects that would provide for the
safe and efficient movement of freight and goods in the ARTS planning area. An inventory of
truck parking facilities in the ARTS Planning Area will be part of this process. ARTS Staff will
make available to the CONSUTTANT the Augusta Regional Freight Profile Study (2008), access to
the IHS Markit Transearcho Database (South Carolina only) and access to freight related data
through ARTS membership of the l-95 Corridor Coalition. The CONSULTANT will be responsible
for ensuring that the information in Augusta Regional Freight Profile is both accurate and up to
date and for suggesting corrections or modifications as necessary.
Transit Data
The CONSULTANT shall assemble relevant, recently completed plans and study documents to
inform the development of the transit element of the MTP. The CONSULTANT shall collect
Transit service data necessary to validate/calibrate the Travel Demand Model developed by
GDOT. All appropriate transit data (e.g., ridership) obtained from specialstudies shall be
reviewed and incorporated by the CONSULTANT where suitable.
Transportation System Management and Operations Data
The Consultant shallassemble and summarize local, regional, state and nationalTransportation
System Management and Operations (TSM&O) initiatives, projects and studies relevant to the
ARTS planning area. This data will be incorporated into the 2050 MTP, when required or
practical.
Task #3 Deliverables: Data Collection and Devetopment
o Technical Report #2: Document review of data pertaining to ARTS multimodal
transportation systemc 2O2O Socio-economic dataseto 2050 Socio-economic dataseto Electronic Data lnventory
TASK #4: PUBLIC lNVotvEMENT, EDUcATtoN AND ourREAcH (PART 2)
Preparation of the 2050 MTP will involve extensive public involvement and public meetings.
The second phase of the public involvement, education and outreach will be more extensive
and maintains the robust engagement with all MTP partners and stakeholders. The second
phase of public involvement, education and outreach willcommence no later than five (5)
15
months after the Notice to Proceed. Public involvement, education and outreach willcontinue
on an as needed basis to a maximum of twelve (12) months after the Notice to Proceed letter.
a) The CONSULTANT will be required to develop a Public Participation Strategy (ppS) for the
2050 MTP development that includes use and expansion of ARTS branding efforts. ppS will beguided by Environmenta I J usticefl-itle Vl requ irements.
b) The coNSULTANT will provide and use web based technology and surveys for seeking public
input and interactively capturing public comment throughout the MTp Update public
involvement process. Hard copies of surveys and comment forms etc., will be made avaitable to
the public as needed.
c) The CONSULTANT will work with ARTS Staff to prepare atl materials, documents, websites,
social media, videos and products associated with the development of MTp update and thepublic outreach efforts so that they will be in compliance with the Americans with Disabilities
Act, 1990.
d) The CONSULTANT together with ARTS staff witl ensure outreach and engagement efforts
with key partners and stakeholders. Those partners and stakeholders should at a minimum
include: Federal partners such as the Federal Highway Administration (FHWA); FederalTransit
Administration (FTA), Georgia Department of Transportation (GDOT), Savannah River Site (SRS)
and South Carolina Department of Transportation (SCDOT). MpO partners include: pCC, TCC
and CAC. other key partners and stakeholders shall include, but not be limited to, local historic
districts and boards, Fort Gordon army installation, etc.
e) The coNSULTANT may consider that venues for public involvement, education and outreach
might include: Community workshops/Meetings; Speaker Bureaus; participation in Community
Events, e'g., Arts in the Heart; Neighborhood Associations; Town Hall Meetings; and, Transit
Hubs/lnterchanges.
f) The CONSULTANT will ensure that all presentations made to ARTS and its subcommittees,whether oral or using media (e.g. PowerPoint), include an education component to ensure thatPc, TAc and CAC members are afforded adequate background and context for the informationthey are being provided and/or decisions they are being asked to make.
g)The CONSULTANT, along with ARTS staff, will conduct an evaluation of the public outreach
and educational activities of the 2O5O MTP update. The results of the review will evaluate how
effectively the public has been educated, informed, and encouraged to actively participate inthe 2050 MTP update process, as wellas to obtain feedback on improving and increasing the
effectiveness of future public participation efforts.
Task #4 Deliverables; Public tnvolvement, Education and outreach
o Technical Report #1 (Update): Public Participation Strategy, process and Outcomes
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TASK f5: REFINE GOALS, OBJECrIVES AND MEASURES OF EFFECflVENESS/PERFORMANCE
!NDICATORS
The purpose of this task is to refine and identify the 2050 MTP Goals, Objectives and Measures
of Effectiveness (GOMs). GOMs contained in the 2O4O MTP and identified during the initial
2050 MTP update public meetings will be re-evaluated, and objectives and performance
measures determined. The CONSULTANT will research, consider, document and apply GOMs
"best practices" from other MPOs nationwide to identify alternatives to traditional congestion
measures such as volume/capacity and Level of Service (LOS) that attempt to "sotve
congestion." Task #5 to commence no earlier than six (5) months after the Notice to proceed
and to be completed no later than nine (9) months after the Notice to Proceed.
The update process will consider a wide range of social, mobility, freight, safety, infrastructure,
environmental, energy, and economic factors to determine and implement new and innovative
transportation system performance measures that de-emphasize traditional road "congestion"
in lieu of broader desirable transportation outcomes. Accessing datasets such as the Regional
lntegrated Transportation lnformation System (RlTlS) and National performance Management
Research Data Set (NPMRDS) or AirSage data may provide additional input in GOMs
development. As a minimum, GOMs developed will address MAP-21 and the FAST Act
established national performance goals for Federal highway programs:
o Sofety - To achieve a significant reduction in traffic fatalities and serious injuries on
public roads;
c lnfrostructure Condition - To maintain the highway infrastructure asset system in a state
of good repair;
o Congestion Reduction - To achieve a significant reduction in congestion on the National
Highway System ("NHS");
o System Reliability - To improve the efficiency of the surface transportation system;
o Freight Movement and Economic Vitolity - To improve the nationalfreight network,
strengthen the ability of rural communities to access national and international trade
markets, and support regional economic development;
o Environmentol Sustainobility - To enhance the performance of the transportation
system while protecting and enhancing the naturalenvironment including impacts to air
quality; and
o Reduced Proiect Delivery Deloys - To reduce project costs, promote jobs and the
economy, and expedite the movement of people and goods by accelerating project
completion through eliminating delays in the project development and delivery process,
including reducing regulatory burdens and improving agencies'work practices.
a) The CONSULTANT will ensure that GOMs of the 2O5O MTP incorporate full consideration of
the FAST Act planning factors and other associated regulations. This development will
require strong public input to ensure adopted GOMs address perceived areas of need or
deficiency.
17
b) The CONSULTANT will address possible impacts of transportation policy decisions on land
use and development. This will include impacts from pedestrian; bicycle; other non-
motorized transportation; transit; extreme weather; freight; greenways; and other
transportation options are fully considered and incorporated. The CONSULTANT will
consider new and emerging areas such as automobile fleet electrification, ride/car sharing
(motorized and non-motorized), and automation.
c) The CONSULTANT shall be responsible for obtaining and compiling ideas from the ARTS PC,
TCC and CAC, and, the public. The CONSULTANT will also review applicable GDOT and
SCDOT plans and consider any other corridor studies performed in the ARTS planning area
in order to ensure consistency.
d) Based on the recommended goals and objectives, the CONSULTANT will review the
measures of effectiveness. This review will permit the CONSULTANT to give an opinion on
an existing project prioritization tool used to rank transportation projects in the South
Carolina region of the ARTS Planning Area. Consideration of any revision of the measures of
effectiveness, the CONSULTANT will provide a realistic point of view and consider the
availability of data and/or the requirements for the collection of the data to be used in
evaluating the measures.
e) The CONSULTANT will work with ARTS staff to develop a clear and defensible approach to
project prioritization, documentation, partner process guidance/education, and
recommend and develop a spreadsheet or database program to implement, create reports
and maps. The project prioritization tool/s developed must have the capability of
customization to meet GDOTs and SCDOTs project ranking requirements which may differ
from each other.
f) The prioritization process will reflect 'best practice' prioritization resources available at
GDOT and/or SCDOT. The prioritization process will consider GOMs, project readiness, type
of funding required versus available, economic benefit analysis and other metrics as
recommended by the CONSULTANT for consideration.
Task #5 Deliverables: Develop Goals, Objectives and Measures of Effectiveness
o Technical Report #3: Description of the development of goals, objectives and measures
of effect iveness/performa nce indicators
o Technical Report #4: Robust project prioritization process and tool/s
TASK #6: YEAR 2050 TRANSPORTATION NEEDS ASSESSMENT/PLAN
The CONSULTANT shall conduct a future year (2050) transportation system needs assessment.
The purpose of this task is to develop a MTP that incorporates the deficiencies of the Existing &
Committed (E+C)transportation facilities (including major roadways, transit, public
transportation facilities, intercity bus facilities and operators, multimodal and intermodal
facilities, employer-based commuting programs, nonmotorized transportation facilities and
intermodalconnectors) in coping with transportation demands in 2050. ln addition, the
CONSULTANT will develop a list of ranked/prioritized transportation needs/projects. Task #6 to
18
commence no earlier than seven (7) months after the Notice to Proceed and to be completed
no later than nine (9) months after the Notice to Proceed.
a) The CONSULTANT shall analyze a highway and transit assignment to the regional E+C
Network with the 2050 socioeconomic data to determine the deficiencies on the highway
and transit networks that will occur by the Year 2050. This will represent the "Do nothing
alternative" since the E+C network includes committed improvements in the latest TIP but
not beyond that.
b) The CONSULTANT must ensure that the needs assessment includes multi-modalsolutions,
such as: New bus routes; lmprovements to existing transit corridors; ITS strategies and
applications; Pedestrian walkways; Greenways and bikeway facilities; Transportation
disadvantaged services; lntermodal linkage and access needs; Complete Streets designs;
Freight related transportation improvements; Traffic Signal System Review; and, Arterial
intersection improvements.
c) The CONSULTANT will delineate linkage between land use and transportation
infrastructures. The CONSULTANT shall examine and explore urban design guidelines,
development strategies and financial incentives that support the linkage between land use
and transportation planning.
d) The CONSULTANT shall identify major freight and goods generator facilities, evaluate truck
traffic between these facilities and the ARTS planning area. The CONSULTANT shall
recommend appropriate transportation improvement projects, which would improve
freight and goods movements over the life of the Plan and include these projects in the
Needs Assessment.
e) The CONSULTANT shall identify areas in the transportation system where TSM&O strategies
would be applicable and beneficial. The CONSULTANT shall recommend the type of ITS
application(s) appropriate for each situation. The CONSULTANT shall recommend
appropriate transportation improvement projects and include these projects in the Needs
Assessment.
f) The MTP will provide for an integrated transportation system to enhance the efficiency of
freight movement on the surface transportation network. The CONSULTANT shall address
freight and goods movement concerns through inclusion of a variety of surface
transportation projects focused on improving truck-mediated goods movement throughout
the County.
g) The CONSULTANT shall review the Augusta Regional Transportation Study Bicycle and
Pedestrian Plan (2012) and in cooperation with ARTS staff, shall estimate an appropriate
LOS for the existing bikeways and sidewalks. The needs plan should focus on improving and
enhancing LOS for areas especially around schools, major traffic generators, transit stops/
stations and other locations identified by the CONSULTANT.
h) The CONSULTANT shall examine existing roadway conditions as they relate to bicycle and
pedestrian travel, and propose facility improvements to enhance mobility and safety of
19
pedestrians and bikers. The CONSULTANT shall examine the proposed Greenway Plan and
recommend additional extensions to this plan to meet Year 2050 travel demand.
i) The CONSULTANT shall identify steps and activities to encourage the usage of bicycle and
pedestrian modes of transportation. This may include documenting the health benefits of
more active choices such as walking and biking, distributing safety pamphlets, increasing
awareness in public school systems and private schools in the ARTS planning area.
j) The CONSULTANT shall identify strategies to mitigate the potential impact of the new
transportation infrastructure recommended in the needs assessment on wetlands, cultural
(historical/archeological) resources, water resource, threatened and endangered species
habitat and other environmentally sensitive subjects. Costs for the identified environmental
mitigation strategies should be considered in the overall project costs.
Task #5 Deliverables: Year 2o5o rransportation Needs Assessment/plan
o Technical Report #5: Transportation Needs Assessment/plan
TASK #7: FINANCIAI RESOURCES AND FEAS|B|UW pLAN
The CONSULTANT shall develop a Financial Resources deliverable from the base year, 2020,
through to the horizon year, 2050. The Financial Resources deliverable will describe revenue
projections and assumptions supporting the projections. The purpose of this task is to ensure
that the recommended projects, programs, and studies considered for inclusion in the MTp can
be implemented utilizing the funding that can reasonably be expected to be available within the
time period of the MTP. Task #7 to commence no earlier than seven (7) months after the Notice
to Proceed and to be completed no later than nine (9) months after the Notice to proceed.
This analysis will demonstrate the accumulation and aggregation of information regarding
existing and projected funding sources for modifications outlined in the Year 2050 Needs plan
that shall be used in the development of the Year 2050 Cost Feasible Plan. This task (crucial to
the accuracy of the financially feasible plan development) will be led by the CONSULTANT.
However, the CONSULTANT shall use any data available from ARTS, GDOT, SCDOT and other
agencies involved in planning and funding of transportation projects.
The funding available for new projects is the difference between the funds reasonably expected
to be available for transportation modifications minus the funds required to construct
committed projects and those funds required to operate and maintain the transportation
system. This difference shall be the funding available to develop the Year 2050 MTp Cost
Feasible Plan.
a) Early in the process, the CONSULTANT shall obtain historical financial information and
identify potential project funding opportunities relative to the funding of transportation
services within the ARTS planning area. This may involve obtaining financial data from
Federal, GDOT, SCDOT, local agencies, ARTS, and other agencies involved in planning and
funding of transportation projects. The CONSULTANT shall identify funding eligibility for
each source used in the plan.
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b)
c)
d)
e)
The CONSULTANT shall investigate alternative funding sources such as bonds, transit fares,
tolls, special taxing districts, Special-Purpose Local-Option Sales Tax (SPLOST), impact fees,
user fees, and local option gas taxes. All necessary financial resources from public and
private sources that are reasonably expected to be made available to carry out the
transportation plan shall be identified. Evaluating the financial availability of potential funds
will assist with the selection of projects that are included in the MTP. The CONSULTANT will
develop a consistent, straightfonrvard methodology for potential use by ARTS in the future.
As alternative scenarios are developed and refined the CONSULTANT shall confirm and
document revenues and costs related to system operations and maintenance activities
covered in the MTP. The financial plan shall contain system-level estimates of costs and
revenue sources that are reasonably expected to be available to operate and maintain
Federal-aid highways and public transportation. The project costs for each will then be
compared to the available and projected revenues. All proposed improvements should
include detailed design concept, scope, and estimated engineering and construction costs in
year of expenditure dollars. The fiscal constraint will be transparently demonstrated in the
2O5O MTP,
The CONSULTANT should analyze public input data collected throughout the planning
process to develop potential funding priorities. The CONSULTANT and ARTS staff should
work together to communicate the relative costs and benefits of investing in various modes,
such as via comparisons of person-capacity per project type, or other measures.
The CONSULTANT shall forecast potential financial resources for interim and horizon years
that can be reasonably anticipated as potentialfunding for future MPO project
implementation during the time frame of the recommended MTP, as follows; short term
(2020-2025); mid-term (2026-2035); and, long-term (2035-2050)to build transportation
improvements as documented in the Needs Assessment.
The CONSULTANT shall analyze the gap between the funding and other resources required
to fully implement proposed projects and the resources reasonably forecast to be available.
The CONSULTANT shall analyze whether the gap between resources needed for
improvements and resources available for improvements is forecast to become larger or
smaller over the time period of the plan. The CONSULTANT must include a plan of action
describing the steps necessary to enact, ensure the availability and commitment of the
identified funding sources.
The CONSULTANT shall carefully review, identify and confirm with the responsible agency
the types of projects that may be funded or not with a given fund type. This information
should be used in the project prioritization process.
The CONSULTANT shall identify ways to reduce the need for costly transportation
improvements, such as land use policies, traffic signalsystem review, and ways to increase
funding for transportation improvements, including funding for motorized and non-
motorized systems. ARTS is interested in comparing the cost of these strategies relative to
the likelihood of meeting forecast transportation needs.
s)
h)
21
i) The CONSULTANT shall use an inflation rate for revenue and cost estimates to reflect year
of expenditure dollars based on reasonable financial principles and information.
Task #7 Deliverables: Financial Resources and Feasibilityo A preliminary financial resources summary should be provided early in the planning
process to support outreach activities and scenario planning.
o Conduct a one day financial resources planning module for ARTS staff.o Technical Report #6: Financial plan which includes a fiscally constrained project list for
the final preferred scenario. The Financial Plan will also include a list of unfunded
projects.
TASK #8: DOCUMENT PREPARATION, DRAFT 2O5O MTP AND FINAT 2O5O METROPoLITAN
TRANSPORTATION PIAN
The documentation of the MTP is a key part of the overall process. lt is important that the
entire work effort be well documented. This documentation not only provides the identification
of the recommended transportation system improvements for the ARTS planning area through
the horizon year (2050) but outlines the processes that lead to the development of each
recommendation. The draft and final 2050 MTP documents will be written in a manner that will
allow the average citizen of the community to understand the MTP process and the
recommendations contained therein.
a) The CONSULTANT will ensure that a Draft 2050 MTP is ready for review by TAC and CAC in
May 2020. The CONSULTANT will ensure that a Draft 2050 MTP is ready for review by pC in
June 2020. Fifteen (15) business days prior to review by TAC and CAC the CONSULTANT
must submit the Draft 2050 MTP for internal review by ARTS and our Federal partners.
b) The CONSULTANT will ensure that a Final 2050 MTP is ready for adoption by TAC and CAC in
August 2020. The CONSULTANT will ensure that a Final 2050 MTP is ready for adoption by
PC in September 2020. Fifteen (15) business days prior to review by TAC and CAC the
CONSULTANT must submit the Final 2050 MTP for internal review by ARTS and our Federal
partners.
c) The CONSULTANT shall ensure that all final documents and maps are posted online,
available for distribution and made available through ARTS no later than 90 days after
adoption by TAC, CAC and/or PC.
d) The CONSULTANT shall provide to ARTS twenty-five (25) clean, single-sided/loose-leaf, full
color paper original and Adobe Portable Data File (.pdf), lnDesign and Microsoft Word
electronic versions of all materials presented. All deliveries will also be provided in an
editable electronic format such as Microsoft Word, lnDesign or approved equal.
e) The CONSULTANT shall provide to ARTS twenty-five (25) clean, single-sided/loose-leaf, full
color paper copy of GIS maps and a .pdf copy of all maps. This is in addition to an electronic
copy of Gls maps produced along with associated layers and/or shapefiles.
f) The CONSULTANT shall prepare twenty-five (25) copies of the Draft 2050 MTp suitable for
public distribution, and one unbound, reproducible document; and one copy in electronic
22
format will be submitted to ARTS for their review and recommendation for approval by pC.
Because revisions to the draft plan may be required at several points, it shall be printed and
bound in a format that will allow changes without complete reprinting.
g) Twenty-five (25) copies of all PowerPoint presentations shall be provided to ARTS and
posted on the 2050 MTP website. The 2050 MTP website shall include an accommodation
to collect public comments.
h) Upon approval of the Draft Final Plan by PC, the CONSULTANT will prepare a Final plan
document incorporating all revisions and comments from the Draft. Twenty-five (25)copies
shall be supplied to ARTS for distribution. This document should be a stand-alone document
and provided in a three-ring binder.
i) The CONSULTANT shall prepare a summary report of twenty (20) or fewer pages to
accompany the final report. This summary report shall document the major steps and final
results of the long-range transportation plan process.
j) The consultant shall prepare one hundred (1OO) copies of a separate "Citizen's Guide to the
2050 ARTS Metropolitan Transportation Plan," based on the goals and objectives of the
plan, that is easily understood by agencies and members of the public that may not be
familiar with transportation pla nning.
AllGlS data and shapefiles, traffic data, accident/crash and intersection data, spatialschematics
maps, visualization graphics, and all other related documents produced with federalfunds
under this Scope of Services shall be provided to the APDD editable electronic versions at the
conclusion of this Project. Graphics, mapping, databases, etc., outside of Microsoft Office, ESRI
GlS, Adobe Acrobat or equalwill be provided in a software format agreed upon by the
CONSULTANT and the Client.
23
Exhibit B - Fees
TASK PROJECTDETAIL FEE
Task I Project Administration/Project Kick Off S 2s, B2s
Task 2 Public lnvolvement, Education and Outreach
(Part'l)S 2e,3oo
Task 3 Data Collection and Development S s4,62s
Task 4 Public lnvolvement, Education and Outreach
(Part 2)S 4e,sos
Task 5 Flefine Goals, Objectives and Measures of
Effectiveness/ Performance I nd icators S +o,oao
Task 6 Year 2O5O Transportation Needs
Assessment/Plan S oo,szo
Task 7 Financial Resources and Feasibility Plan S2e,23o
Task 8 Document Preparation, Draft 2O5O MTP and
Final 2O5O MTP s 31,2OO
Total $ r2o,88s
24
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25
Exhibit D - MPO Meeting Dates
ARTS Committee Meetings
June l,2Ol9 to June 30,2020
Technical Test Netrvork Subcomrnittee Meetingsfl5 Tdmir StEd Augusb Ga , 30901 , 3rd foor (Rom 39f)
Teclurical C,oordinating Cornrnittee Meetings
535 Telqlr Sftct - Augustr ca - 30901 . 3rd 0oor (Rom 39t)
10:30 en.
Weihesrhy
August 14,2019
10:10 a.m.
S'efucsdry
August 14,2019
l0:30 a-or.
Bredoesday
t3. 20
l0:30 rs,
nhdoesday
t).20t
10:30 a-m"
WeAocsaay
februery l2,2O2O
l0-30 a.o,
Wedacsday
February 12,2020
l0:30 a-m.
Ilhdoesday
tiay 13.2020
l0:30 z-m
l[Hrcsdey
May 13, 2020
-lilizens Advisory Cornurittee Meetiugs
535 Tethl Shed Augusra ca - 30901 - 3rd lloor (Room 391)
Poliry Committee Meetings
535 Tdfrir St ..r - Augustr Ge - 3090t . lsi floo. (LiD& BG.zts,- Merrag Ro@r)
I l:00 aan
llursday
5. 2019
7l'est JYetrrrort suboorrunitle e ltreetbrgs rofll De silled on an as-needed basis.
26
Exhibit E - SCDOT Subcommittee Meeting Dates
Time and Loation arc TBD
August 8,2019
November 7,2019
January 30,2O2O
May 7,2020
27
Administrative Services Committee Meeting
7/30/2019 1:15 PM
MPO Contract for the 2040 Metropolitan Transportation Plan (MTP)
Department:
Presenter:
Caption:Award contract for RFP# 19-182: ARTS 2045 Metropolitan
Transportation Plan Update to WSP, USA Inc. (Requested by
Planning & Development Department via Administration)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
BID 19-213
Year 2019
Make Isuzu
Model NPRHDEFI
Base Price
(5.00)$48,555.00
Delivery Date 120 DAYS ARO
Item # 6.01 Limited Slip
Differential $630.00
TOTALS:$49,185.00
FOR ALL DEPARTMENTS-LANDSCAPE TRUCK - BID
OPENING 4/26/19 @ 11:00
Specialty Item
Description
CSRA Fleetcare,
Augusta, GA
Administrative Services Committee Meeting
7/30/2019 1:15 PM
2019 - Landscape Truck
Department:Central Services Department - Fleet Management Division
Presenter:Ron Crowden
Caption:Request the replacement of one Landscape Truck for the
Recreation Department – Trees and Landscape Division for
$49,185.00 using capital outlay.
Background:The Recreation-Trees and Landscape Division requires this
equipment to perform a variety of regular grounds keeping and
landscaping responsibilities throughout Augusta-Richmond
County. This vehicle will be purchased to replace asset 994163
which is a 2000 Isuzu NPR Landscape Truck. The current
vehicle on hand was purchased in 1999 for $25,901 and has
currently reached 110 Work Orders totaling approximately
$43,261 in repairs. The vehicle also currently has in excess of
181,000 miles on its odometer. This vehicle has been deemed
uneconomical to maintain in the fleet and should be replaced.
The bid tab sheet for Bid 19-213: Landscape Truck is attached
for your review.
Analysis:The Procurement Department published a competitive bid using
the Demand Star application for a Landscape Truck. Invitations
to bid were sent to at least ten vendors to include four Augusta
local vendors and resulted in only one valid response. The
vendor, CSRA Fleetcare of Augusta, GA met the requested
specifications in the bid. Bid 18-213: Landscape Truck: 2019
Isuzu NPRHDEFI – CSRA Fleetcare: $49,185.00 (Augusta, GA)
Financial Impact:: 1 – 2019 Landscape Truck @ $49,185.00 each. The total
purchase is $49,185.00 for the Recreation-Trees and Landscape
Division. The vehicle will be purchased with Capital Outlay
funds using ACCT# 272-01-6440/54.22210.
Alternatives:(1) Approve the request; (2) Do not approve the request
Recommendation:Approve the purchase of one – Landscape Truck for the
Recreation-Trees and Landscape Division
Funds are
Available in the
Following
Accounts:
Capital Outlay funds using ACCT# 272-01-6440/54.22210.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Invitation to Bid
Sealed bids will be received at this office until Tuesday, May 14, 2019 @ 11:00 a.m. for furnishing for:
Bid Item #19-222 2019/2020 Compact Utility Tractor for Augusta, GA – Central Services Department – Fleet
Maintenance
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may
Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department.
All questions must be submitted in writing by fax to 706 821-2811 or by email to the office of the Procurement Department by
Friday, April 26, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an
eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to
the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local
bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the
requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project.
No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies
needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director.
All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate
committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the
outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department
is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
No bid will be accepted by fax, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle April 4, 11, 18, 25, 2019
Metro Courier April 4, 2019
Administrative Services Committee Meeting
7/30/2019 1:15 PM
2019 - Recreation and Parks Dept Compact Utility Tractor
Department:Central Services Department - Fleet Management Division
Presenter:RonCrowden
Caption:The Recreation and Parks Department - Municipal Golf Course
requests the purchase of one replacement Compact Utility
Tractor at a cost of $25,146.00 using Capital Outlay. Bid Item
19-222 J & B Tractor Company of Augusta
Background:The Recreation and Parks Department - Municipal Golf Course
requires this equipment because it is used to provide a myriad of
grounds facility tasks such as moving dirt, loading sand, pulling
tow behind gang mowers and regular Golf Course maintenance.
Currently they are borrowing a tractor asset from within the
Recreation and Parks Department to maintain operations at the
Municipal Golf Course. The previous tractor on hand was a John
Deere Model 5105 and was deemed economically unrepairable
and sold on GovDeals.com auction in April 2019.
Analysis:The Procurement Department published a competitive bid using
the Demand Star application for a Compact Utility Tractor.
Invitations to bid were sent to at least twelve vendors to include
five Augusta local vendors and resulted in two valid responses.
The lowest priced vendor, J & B Tractor Company of Augusta,
GA met the requested specifications in the bid. Bid 19-222:
Compact Utility Tractor: 2019 Kubota L4060HST – J & B
Tractor Company (Augusta, GA): $25,146.00; 2019 John Deere
4044M – Ag-Pro Company (Conyers, GA): $32,318.00.
Financial Impact:1 – 2019 Compact Utility Tractor @ $25,146.00 each. The total
purchase is $25,146.00 for the Recreation and Parks Department
- Municipal Golf Course. The vehicle will be purchased through
the use of Capital Outlay Funds with ACCT# 272-01-
6440/54.21110.
Alternatives:(1) Approve the request; (2) Do not approve the request
Recommendation:Approve the purchase of one – Compact Utility Tractor for the
Recreation and Parks Department - Municipal Golf Course
Funds are
Available in the
Following
Accounts:
Capital Outlay Funds with ACCT# 272-01-6440/54.21110.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
1
Takiyah A. Douse
From:Sheila Paulk
Sent:Wednesday, July 03, 2019 11:37 AM
To:Takiyah A. Douse; Geri Sams; Andy Oates
Cc:Ronald Houck; Lonnie Wimberly; Natascha Dailey; Tony McDonald; Jarvis Sims
Subject:RE: Emergency Procurement
Ms. Douse,
How long has the elevators been out?
Ms. Sams has approved the Emergency Repair for Diamond Lakes Community Center - Elevators (to meet
ADA requirements). Please proceed. The estimated cost for repair is $116,849.00; therefore, an Agenda
Item will need to be entered into Muni-Agenda for Commission as information.
Sec. 1-10-57. Emergency procurement selection method.
Notwithstanding any other provisions of this chapter, the Procurement Director, Augusta, Georgia
Administrator or constitutional officer may make or authorize others to make emergency procurement of
equipment, supplies, services, general construction, or public works type construction services when there
exists a threat to public health, welfare, or safety, or where daily operations are affected; provided that such
emergency procurement shall be made with such competition as is practicable under the circumstances. As
soon as practicable, a record of each emergency procurement shall be made and shall set forth the contractor's
name, the amount and type of the contract, a listing of the item(s) procured under the contract, and the
identification number of the contract file. A written report explaining the determination of the basis for the
emergency and for the selection of the particular contractor shall be included in the contract file, and a copy of
same provided the Augusta, Georgia Commission at their next regular meeting in the case of public works
contracts as defined by Georgia Law or other Augusta, Georgia purchases when the value of the purchase
exceeds twenty-five thousand dollars ($25,000).
In the event an emergency should arise after office hours or on holidays or weekends which requires immediate
action on the part of the using agency involved and where it is not possible or convenient to reach the
Procurement Director, constitutional officer, or Administrator, the using agency head is authorized to make
purchases. Such purchases shall be well documented, packaged for payment, and forwarded to the
Procurement Director within twenty-four (24) hours, if possible, after occurrence.
In the event the Board of Commissioners of Augusta, Georgia determines at an open meeting of which minutes
are recorded, that an emergency exists, and there is an immediate need for goods, materials or supplies to
relieve said emergency, the Board of Commissioners shall be allowed to approve purchases without bids in the
event the Board has determined an emergency exists, but all such declarations of emergency shall be in strict
accordance with applicable State law defining “emergency.” (1975 Ga. Laws p. 4334 as amended).
If you have any questions or require additional assistance, please do not hesitate to call or email me.
From: Takiyah A. Douse <TDouse@augustaga.gov>
Sent: Wednesday, July 03, 2019 10:25 AM
2
To: Geri Sams <gsams@augustaga.gov>; Andy Oates <AOates@augustaga.gov>
Cc: Sheila Paulk <SPaulk@augustaga.gov>; Ronald Houck <rhouck@augustaga.gov>; Lonnie Wimberly
<LWimberly@augustaga.gov>; Natascha Dailey <NDailey@augustaga.gov>; Tony McDonald
<WMcDonald@augustaga.gov>
Subject: Emergency Procurement
Ms. Sams,
In accordance with Procurement Policies and Procedures 2015 Sec. 1-10-57 concerning emergency procurements, I
render the following communication:
The Diamond Lakes youth and adult scoring tower elevators have failed due to water intrusion as a result of the recent
drain repair and flooring work conducted at the facility. The work was required to remedy poor drainage off the second
floor concrete deck, and has been completed. As a result, the elevators are inoperable thus denying Americans with
Disabilities access to the second and third floor of the scoring tower, if needed.
Central Services recommends ThyssenKrupp to make the necessary repairs at an estimated cost of $116,849.00 (quote
attached). Funds are available through SPLOST 7 Existing Facilities.
Your expedited approval of this procurement is greatly appreciated.
Thanks,
Takiyah
___________________________________________________________
Takiyah A. Douse l Central Services Director
Augusta 311 - Facilities Maintenance - Fleet Management - Real Estate - Records Retention
Augusta – Richmond County
2760 Peach Orchard Rd l Augusta, Georgia 30906
(p) 706-828-7174 l (f) 706-796-5077
TDouse@augustaga.gov l www.augustaga.gov
This e-mail contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate,
distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taken on the basis of the information provided, unless
that information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent
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arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which arise as
a result of the e-mail transmission. If verification is required, please request a hard copy version.
AED:104.1
Administrative Services Committee Meeting
7/30/2019 1:15 PM
Diamond Lakes Scoring Towers Elevator Emergency Repair
Department:Central Services Department, Facilities Maintenance Division
Presenter:Takiyah A. Douse
Caption:Receive as information an emergency repairs to the Diamond
Lakes Scoring Towers elevators by Thyssenkrupp Elevator
Corporation for a total of $116,849.00 funded through funds
designated for Existing Facility Upgrades SPLOST VII.
Background:The Diamond Lakes’ youth and adult scoring towers elevators
have failed due to water intrusion as a result of the recent second
floor of each tower’s drain repair and flooring work conducted at
the facility. The work was required to remedy poor drainage off
the second floor concrete deck, and has been completed. As a
result, the elevators are inoperable thus deny American with
Disabilities access to the second and third floor of the scoring
towers, if needed. Therefore, this incident warrant an emergency
repair to curtail Augusta being noncompliant with ADA
accessibility guidelines. In order to correct and complete this
task in a timely and safe manner, Central Services hired
Thyssenkrupp Elevator Corporation to complete the repair.
Analysis:This work was done under an emergency condition that
warranted a timely response by CSD to minimize public
exposure to a noncompliant ADA situation, and August’s
exposure to potential liability. CSD did not have sufficient in-
house resources to complete all the required tasks in a timely
manner and had to request assistance from outside local sources.
Financial Impact:Funds are available in the amount of $116,849.00 in funds
designated for Existing Facility Upgrades SPLOST VII.
Alternatives:1. Receive as information, emergency repairs provided by
Thyssenkrupp Elevator Corporation to the Diamond Lakes
Scoring Towers elevator for a total of $116,849.00. 2. Do not
make the repairs and keep the facility closed.
Recommendation:Receive as information and approve alternative one
Funds are
Available in the
Following
Accounts:
This project is funded through current year SPLOST 7
designated for Existing Facility Upgrades. 329051120-5413120
(JL 216057902)
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
AUGUSTA, GEORGIA
COMPLIANCE DEPARTMENT
C OMPLIANCE D IRECTOR : T REZA E DWARDS
DISPARITY STUDY U PDATE
To: Mayor Hardie Davis, Jr.
Commissioner Sean Frantom
Commissioner Sammie Sias
Commissioner Bill Fennoy
Commissioner Mary Davis
Commissioner Ben Hasan
Commissioner Dennis Williams
Commissioner John Clarke
Commissioner Marion Williams
Commissioner Bobbie Williams
Commissioner Brandon Garrett
WHAT IS A DISPARITY STUDY?
Disparity Studies examine whether or not there is evidence of discrimination
affecting minority-and women-owned firms. Disparity studies are one way for
government agencies to examine whether programs are needed to assist minority-
and women-owned businesses in government contracting and purchasing.
CURRENT STATUS
What Augusta currently has
Augusta Georgia has a DBE program for
federally funded projects and a local small
business opportunity program, which is
gender/race neutral.
Does Augusta need a disparity study?
If the government wants a race/gender
conscious program, a disparity study is
needed to legally implement and defend
the program. Augusta is currently
enjoined from having a race/gender
conscious program, but there is nothing
stopping Augusta from implementing a
race/gender conscious program that
meets constitutional standards.
WHAT IS NEEDED TO MOVE FORWARD WITH DISPARITY STUDY
Costs
Approximately $275,000-325,000
If Augusta chooses to have add-ons such as
Ordinance Drafting, Program Implementation, and Goal Setting, the cost would be
approximately $380,000-400,000
In the event Augusta Georgia was sued based on the disparity study or program implementation, the costs for the firm selected to serve as an expert witness, could range from $200.00-400.00 per hour.
These are only approximate costs based consultation with colleagues in similar jurisdictions
Documents/Records
1. All awards or payment records,
or
2. Contracts/POs for last 5 years
3. Bid Tabulations for 5 years
4. List of all Solicitations for 5 years
5. Vendor List
6. Monthly Utilization Reports from
Compliance Department
PROCESS TO PROCURE & TIME TO COMPLETE DISPARITY STUDY
•Request For Proposal (RFP) is the suggested procurement process for disparity studies byAugusta Richmond County, but one jurisdiction indicated they have acquired disparity
studies through their legal department
•Time to complete the disparity study is approximately 12 months (this does not
include the needed time for the RFP process, approximate time to
complete RFP process is 6 to 10 weeks)
PATH FORWARD
Is it the will of the Commission to move forward with conducting a
disparity study?
AUGUSTA, GEORGIA
COMPLIANCE DEPARTMENT
LSBOP U PDATE
C URRENT LSB C OUNT : 38
J ULY 2019
LSB Breakdown by Owner Ethnicity and Sex
out of 38 Registered LSBs
Black-
owned
84%
Latino-
owned
3%White-
owned
13%
By Ethnicity
Woman-
owned
16%
Man-owned
79%
Woman &
man owned
jointly
5%
By Sex
Black
women
11%
Black men
71%
Latino men
3%
White
women
6%White
men
9%
By Owner
Agriculture, Forestry, Fishing, &
Hunting
1%
Construction
47%
Manufacturing
4%
Wholesale Trade
3%
Retail Trade
1%
Transportation & Warehousing
4%
Information
1%
Real Estate Rental & Leasing
1%
Professional, Scientific, &
Technical Services
9%
Administrative/Support/Waste
Management/Remidiation
Services
21%
Educational Services
4%
Health Care & Social Assistance
3%
Other Services (except Public
Administration)
1%
LSB Breakdown by NAICS (38 LSBs)
Construction
Residential Remodelers
Other
Industrial Building Construction
Commercial/Institutional Building Construction
Water, Sewer Line, & Related Structures Construction
Highway, Street, & Bridge Construction
Poured Concrete Foundation & Structure
Framing
Masonry
Glass/Glazing
Roofing
Siding
Other Foundation, Structure, & Building Exteriors
Administrative/Support/Waste
Management/Remidiation Services
Office Administration
Facilities Support
Temp Help
Janitorial
Landscaping
Other Services to Buildings/Dwellings
Other Waste Collection
Solid Waste Landfill
Professional, Scientific, & Technical Services
Engineering
Graphic Design
Custom Computer Programming
Other Computer Related Services
Admin Management/General Management Consulting
Human Resources Consulting
Other Management Consulting
Other Scientific/Technical Consulting
Manufacturing
Commercial Printing (except Screen/Books)
Ready-Mix Concrete Manufacturing
Other
Mattress Manufacturing
Sign Manufacturing
Transportation & Warehousing
General Freight Trucking (Local)
Specialized Freight Trucking, Local
Special Needs Transportation
All Other Transit & Ground Passenger Transportation
Administrative Services Committee Meeting
7/30/2019 1:15 PM
Disparity Study Update
Department:Compliance
Presenter:Treza Edwards
Caption:Provide Commission with an update on the disparity study.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance
Procurement
Law
Administrator
Clerk of Commission
HCD's
Citizens Advisory Committee By-Laws
Page of 7
MARKED- UP VERSION
AUGUSTA, GEORGIA
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT (AHCD)
CITIZENS' ADVISORY COMMITTEE BY-
LAWS
The following bylaws shall apply to the Augusta, Georgia Housing and Community
Development Department's (HCD's) Citizens Advisory Committee established as a part of
Augusta's Citizen Participation Plan for Community Development Programs financed in whole
or part by the U.S. Department of Housing and Urban Development (HUD).
ARTICLE 1. DEFINITIONS
The following definitions shall apply to the terms below as they may appear throughout the
bylaws:
Action Plan — A one-year plan that gives specific information about how Augusta, Georgia will
use CDBG, HOME, ESG, HOPWA and other related federal funds to work toward reaching the
goals set forth in the City's Consolidated Plan.
Consolidated Plan — tThe document submitted to HUD that serves as the planning document for
Augusta, Georgia, and an application for funding under the following formula grant programs:
CDBG, HOME, ESG, and HOPWA, which is prepared in accordance with the applicable federal
regulations.
Community Development Block Grant (CDBG) — Federal program created for community
development as a result of Title I of the Housing and Community Development Act of 1974, as
amended.
Emergency Shelter Grant (ESG) — Federal program created specifically to assist homeless
persons as a result of Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance
Act, as amended.
HOME Investment Partnerships (HOME) — Federal program created to implement local housing
strategies designed to increase homeownership and affordable housing opportunities for low and
very low-income Americans as a result of Title Il of the Cranston-Gonzalez National Affordable
Housing Act of 1990.
Housing Opportunities for Persons with Aids (HOPWÁ) — Federal program created through the
National Affordable Housing Act of 1990 and authorized by the AIDS Housing Opportunity Act
of 1992. Funds are authorized for use for housing and supportive services for persons medically
diagnosed with HIV/AIDS.
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HCD's
Citizens Advisory Committee By-Laws
Page 2 of 7
Neighborhood Stabilization Program (NSP) — Federal program created through Congress to help
cities, counties and states deal with community problems that are the result of the mortgage
foreclosure crisis in the nation.
I
ARTICLE 11. FUNCTIONS AND ROLE
1. The Citizens Advisory Committee shall act as a representative body for the citizens of
Augusta, Georgia and serve in an advisory capacity to the Housing and Community
Development Department (formerly known as Housing and Economic Development) for all
projects funded, or proposed to be funded, under the following HUD programs: Community
Development Block Grant (CDBG), HOME Investment Partnership, Emergency Solutions
Grant (ESG), Housing Opportunities for People with AIDS (HOPWA), and the
Neighborhood Stabilization Program (NSP).
2. The Citizens Advisory Committee shall be provided an opportunity to review and comment
on the Five-year Consolidated Plan and the Annual Action Plan, pursuant to relevant Federal
laws and Guidelines. Such Plan(s) shall be submitted to the Augusta Commission and HUD
for approval. As part of this responsibility, the Citizens Advisory Committee will be allowed
to attend and observe different meetings with the public and neighborhood associations.
The Citizen’s Advisory Committee shall be provided an opportunity to actively participate
in the final process of data review and presentation formatting, to ensure transparency
and accountability on behalf of the citizens in Augusta-Richmond County, and to engage as
a member of the process of formulating, yet waiving final determination of outcomes of,
the Five-Year Consolidated Plan and the Annual Action Plan, pursuant to relevant Federal
laws and Guidelines.
2.
3. The Citizens Advisory Committee shall have the responsibility of reviewing all Citizenry
comments submitted in regards to the expenditure of funding to the Housing and Community
Development Department. The Citizens Advisory Committee shall serve as "a voice" for the
Citizens of Augusta, Georgia. All such comments will be submitted to the Housing and
Community Development Department for consideration.
3. The Citizen’s Advisory Committee may participate in reviewing and evaluating applications
for programmed funds under the guidelines of the Augusta Housing and Community
Development Department
4. The Citizens Advisory Committee shall submit the Citizenry comments and concerns to the
Director of the Housing and Community Development Department. Said concerns shall be
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HCD's
Citizens Advisory Committee By-Laws
Page 3 of 7
taken under advisement and addressed in a manner deemed appropriate by the Augusta
Housing and Community Development Department in consultation with the Augusta
Commission.
ARTICLE 111. MEMBERSHIP
1. General: The Citizens Advisory Committee shall consist often (10) members, each of whom
shall represent one of the ten voting districts in Augusta, Georgia. Each member shall be
nominated by the individual Commissioner representing District 1, District 2, District 3,
District 4, District 5, District 6, District 7, District 8, Disü-ictDistrict 9, and District 10. All
members shall be residents of Augusta and reside in the district of the appointing
Commissioner.
Members of the advisory committee shall serve until their fixed term has expired and continue
to serve until their successor is appointed and qualified by the Commissioner representing the
respective Districts.
Members of the advisory committee shall serve until their resignation, disqualification
or their successor is appointed and qualified by the Commissioner representing the
respective Districts.
The term of members of the advisory committee appointed by Commissioners of the
respective Districts shall automatically expire upon the termination of the appointing
Commissioner's incumbency.
The advisory committee may also include an ex-officio, non-voting member of the Augusta
Richmond County Commission.
2. Officers: The officers of the Citizens Advisory Committee shall consist of a Chairman, Vice-
Chairman, and a Secretary.
CHAIRMAN
A Chairman shall be elected by the Citizens Advisory committee from among its members
for a one (1) year term. The term shall run from January 1 of each year until December 31 of
each year. The Chairman shall serve as such for no more than two (2) consecutive terms.
A. The Chairman shall preside over the advisory committee meetings and shall have the
right to vote.
B. The Chairman shall decide all points of procedure, subject to these bylaws and the
latest edition of Roberts Rules of Order, unless otherwise directed by the majority of
the advisory committee in session at the time.
The Chairman will serve as the primary point of contact with the Director, Augusta
Housing and Community Development Department.
HCD's
Citizens Advisory Committee By-Laws
Page 4 of 7
C The Chairman will coordinate scheduled meetings, agendas and subjects for
discussion with the Director, Augusta Housing and Community Development
Department.
VICE-CHAIRMAN
A Vice-Chairman shall be elected by the Citizens Advisory Committee from among its
members in the same manner for a one (1) year term. The term shall run from January 1 of
each year until December 31 of each year. The Vice-Chairman shall serve no more than two
(2) consecutive terms.
A. The Vice-Chairman shall serve as "Acting Chairman" in the absence of the Chairman
or when that officer has to refrain from participation because of a conflict of interest
and shall have the same powers and duties as the Chairman.
B. The Vice-Chairman shall have the right to vote.
C. Upon the resignation or disqualification of the Chairman, the Vice-Chairman shall
assume the chairmanship for the remainder of the unexpired term or until a new
Chairman is elected.
SECRETARY
A Secretary shall be elected by the Citizens Advisory Committee from among its members in
the same manner for a one (1) year term. The term shall run from January 1 of each year until
December 31 of each year. The Secretary shall serve no more than two (2) consecutive terms.
A. The Secretary shall be responsible for keeping records of committee actions, including
overseeing the taking of minutesminute’s at all advisory committee meetings, sending
out meeting announcements, distributing copies of minutes and the agenda to each
advisory committee member, and assuring that Housing and Community
Development Department records are maintained.
B. The Secretary shall have the right to vote.
C. The Secretary shall be responsible for notifying the Clerk of Commission and the
public with advanced notice of all meetings of the Housing and Community
Development Department in accordance with the Georgia Open Meetings Act.
D. The Secretary shall maintain a current roster of advisory committee members' homes
address, email address, and telephone numbers, including a mobile phone number.
E. In the absence of the Secretary, the Chairman will appoint another member to serve
as Secretary for that meeting.
HCD's
Citizens Advisory Committee By-Laws
Page 5 of 7
F. Housing & Community Development will provide administrative assistance to the
Secretary to the extent possible as determined by the Housing & Community
Development Director. This support may include paper reproduction, folders, etc.
Housing & Community Development will not allow advisory committee support to
restrict its ability to carry out its primary service mission.
ARTICLE IV. POINT OF CONTACT
The Director of the Housing and Community Development Department, or the Director's
designee, shall serve as a point of contact for the Citizens Advisory Committee. The Director, or
designee, shall be willing to provide assistance to the Chairman in preparing items of discussion
for the Citizen's Advisory Committee meeting agendas, providing assistance, when necessary to
ensure the proper recording and transcribing of all meetings minutes, and providing assistance,
when necessary, to ensure proper delivery of all related correspondence with advisory committee
members. It is. understood that the Director of the Housing and Community Development
Department, or the Director's designee shall only be of assistance when deemed necessary, and
that it remains the primary responsibility of the Chairman, Vice-Chairman, and Secretary to
ensure that these matters are addressed in a timely matter.
ARTICLE V. VOTING
1. Each Citizens Advisory Committee member, including the Chairman, ViceChairman, and
Secretary shall vote regarding the business of the advisory committee and the submission
of comments from the Public. An advisory committee member shall abstain from voting in
the event of a conflict of interest. The advisory committee member shall state for the record
the basis for the abstention and complete a Statement of Potential Conflict of Interest form.
2. Voting by proxy or absentee is prohibited.
ARTICLE VI. ATTENDANCE REOUIREMENTS
Faithful and prompt attendance at all meetings of the Citizens Advisory Committee, and
conscientious performance of the duties required of members, shall be a prerequisite to
continuing membership on the advisory committee.
1. Any member who for reasons other than sickness or bona fide emergency misses (a) three (3)
consecutive regular meetings or (b) thirty (30%) percent of all meetings within a calendar
year shall be recommended for replacement. Any member who is unable to attend a meeting,
whether regular or special, shall contact the Chairman, Secretary, or designee, as soon as
possible so that the Chairman can determine whether or not a quorum can be established.
1. Any member who for reasons other than sickness or bona fide emergency misses three
(3) consecutive regular meetings within a calendar year shall be recommended for
replacement. Any member who is unable to attend a meeting, whether regular of special,
shall contact the Chairman, Secretary, or designee, as soon as possible so that the
Chairman can determine whether or not a quorum can be established.
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HCD's
Citizens Advisory Committee By-Laws
Page 6 of 7
3. The Chairman, Secretary, or designee, shall maintain a record of attendance for each advisory
committee member. The Chairman shall notify the individual, the Clerk of Commission and the
appointing Commissioner after a member misses three (3) consecutive meetings within a calendar
year.
2.
2. The Chairman, Secretary, or designee, shall maintain a record of attendance for each advisory
committee member. The Chairman shall notify the individual, the Clerk of Commission and
the appointing Commissioner after a member misses three (3) consecutive meetings or thirty
(30%) percent of all meetings within a calendar year.
The Chairman, Secretary, or designee, shall maintain a record of attendance for each
advisory committee member. The Chairman shall notify the individual, the Clerk of
Commission and the appointing Commissioner after a member misses three (3)
consecutive meetings within a calendar year.
3.
3. In the event of a violation of the attendance requirements, the Citizens Advisory Committee
may vote to recommend to the Augusta Commission that a vacancy be declared and that the
vacant position be filled in an expeditious manner.
4.
Article Vll. OUORUM
At least four (4) members of the Citizens Advisory Committee must be present to constitute
a quorum. When a quorum is not present, the advisory committee may conduct no business
other than to re-set the date and time of the meeting, and to adjourn. A list of members and
any votes taken shall accompany all advisory committee recommendations and resolutions or
dissenting opinions.
Article Vlll. MEETINGS
1. Regular Meetings: The Citizens Advisory Committee shall hold quarterly meetings on the
fourth Thursday at the beginning of each quarter (January, April, July, and October). Said
meetings will be at 3:00pm in the Conference Room of the Augusta Housing and Community
Development Department, 925 Laney-Walker Blvd., Augusta, GA 30901, or in any other
designated meeting place, provided the location is specified in all notices required by law. If a
regularly scheduled meeting occurs on a legal holiday, the Chairman, with the concurrence of a
majority of the advisory committee, may set an alternate date for the meeting. There will be an
annual meeting in the month of December to elect new officers and conclude any outstanding
business for that year.
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HCD's
Citizens Advisory Committee By-Laws
Page 7 of 7
At each quarterly meeting the Director, or designee, will provide a status update of projects listed
in the Annual Plan, as approved by the Augusta Commission and HUD.
1. Regular Meetings: The Citizen’s Advisory Committee shall hold monthly meetings
on the fourth Thursday of each month. Said meetings will be at 2:00P.M. in the
Conference Room of the Augusta Housing and Community Development
Department, 925 Laney Walker Blvd., Augusta, Georgia 30901, or in any other
designated meeting place, provided the location is specified in all notices required
by law. If a regularly scheduled meeting occurs on a legal holiday, the Chairman,
with the concurrence of a majority of the advisory committee, may set an alternate
date for the meeting. At the meeting in the month of December new officers will
be elected and any outstanding business for that year will be concluded.
At each regular meeting the Director, or designee, will provide a status update of
projects listed in the Annual Plan, as approved by the Augusta Commission and HUD.
The Director, or designee, will assist in ensuring compliance with the Georgia Open and Public
Meetings Act, in coordination with the Clerk of Commission. If a quorum is not present at a
regular meeting of the advisory committee, a special meeting may be held within 14 working
days from such scheduled meeting.
2. Special Meetings: Special meetings of the Citizens Advisory Committee may be called at
any time by the Chairman. At least forty-eight (48) hours noticehours’ notice of the time and
place of special meetings shall be given to each member of the advisory committee. committee
and coordinated with the Director, Augusta Housing and Community Development Department.
The Augusta Housing and Community Development Department shall have the responsibility of
notifying the press and others as required by the Georgia Open and Public Meetings Act.
3. Cancellation of Meetings: Whenever there is no business for the Citizens Advisory
Committee, the Chairman may dispense with a regular meeting by giving notice to all members
and coordinated with the Director, Augusta Housing and Community Development Department.
not less than twenty-four (4) hours prior to the time set for the meeting.
4. Recessed Meetings: Should the business before the Citizens Advisory Committee not be
completed, the Chairman may recess the same from day-to-day until the matters before the
committee are completed.
5. Open Meetings: All meetings of the Citizens Advisory Committee shall be open to the
public. However, members of the public shall not address the advisory committee unless invited
to do so by the Chairman.
6. Rules of Order: Meetings shall be conducted in an orderly manner to ensure the fair
treatment of all persons and issues before the advisory committee. The latest version of Roberts
Rules of Order Newly Revised shall be available for reference when procedural issues are to be
resolved.
HCD's
Citizens Advisory Committee By-Laws
Page 8 of 7
Article rx. NOTICE AND PUBLIC INFORMATION
(1) The Director, or designee, shall be responsible for ensuring compliance with the Georgia
Open Records and Open Meetings Act.
(2) The Director, or designee, is required to comply with the guidelines pertaining to matters
of public notice and scheduling as provided by the Clerk of Commission.
Article X. LIMITATION OF POWERS
Citizen Advisory Committee members shall operate within the charge given by the
Augusta Commission and in compliance with statutes and ordinances of Augusta, Georgia.
Nothing contained in this statement of policies and procedures shall be construed to be in conflict
with any state law or City of Augusta nor Richmond County ordinance. Should there be an
appearance of conflict, the appropriate state law or city/county ordinance shall prevail.
Neither the Citizens Advisory Committee, nor any member thereof, shall:
o Possess authority over the Augusta Housing and Community Development
Department; o Incur City/County expense or obligate the City/County in any
manner;
o Independently investigate citizen complaints against a City/County department or an
employee of the department;
o Conduct any activity that might constitute or be construed as an official governmental
review of departmental or employee actions;
o Conduct any activity that might constitute or be construed as establishment of
City/County or department policy,
o Violate the confidentiality of any information related to matters involving pending or
forthcoming grant allocation including but not limited to subrecipientsub
recipient/applicant financial information, credit worthiness, assets, debts, obligations, or
commitments.
The activities of the citizen advisory committee shall, at all times, be conducted in
accordance with all federal, state, and local laws.
Article M. AMENDMENTS
These by-laws applicable to the Citizens Advisory Committee may be amended or revised by the
affirmative vote of six (6) members of the Augusta Commission. All amendments or revisions to
these by-laws shall be filed with the Clerk of Commission..
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Administrative Services Committee Meeting
7/30/2019 1:15 PM
HCD_ Citizen Advisory Committee (CAC) By-laws Revisions
Department:HCD
Presenter:Hawthorne Welcher Jr. and/or HCD Staff
Caption:Motion to approve the By-laws revision request of the HCD
Citizen Advisory Committee.
Background:The U.S. Department of Housing and Urban Development
(HUD) under authority to it by the Housing and Community
Development Act of 1974, as amended, requires each
jurisdiction (city, county, etc.) to adopt a ‘citizen participation
plan’ which must provide for and encourage citizens to
participate in the development of the consolidated plan, any
substantial amendments to the consolidated plan, and the
performance report. These requirements are to especially
encourage low-and-moderate income citizen participation where
Community Development Block Grants (CDBG) are employed
or sought. Accordingly, low-and-moderate income citizens, non-
profit organizations, relevant advocacy groups, and interested
parties must be involved in the preparation of the Consolidated
Plan (Con Plan) through the mechanisms set up in the Citizen
Participation Plan (Citizen Plan). The Con Plan approach is a
means to meet the requirements of the CDBG Program. The
Citizen Plan requires, at a minimum, citizen input during three
(3) stages of the Con Plan; A) The Proposed Plan (Con Plan), B)
Substantial Amendments to the Proposed Plan (Con Plan), C)
Performance Reports. The Citizens Advisory Committee shall
act as a representative body for the citizens of Augusta, Georgia
and serve in an advisory capacity to the Housing and
Community Development Department and approved via the
Augusta, GA Commission.
Analysis:The approval of the revised CAC by-laws outlines
supplementary collaboration between HCD and the CAC.
Financial Impact:
The approval of the submitted revisions will enable the Citizen
Advisory Committee to proceed in agreeance using the
aforementioned By-laws as a basis.
Alternatives:Do not approve HCDs Request
Recommendation:Motion to approve the By-laws revision request of the HCD
Citizen Advisory Committee (CAC).
Funds are
Available in the
Following
Accounts:
Not Applicable
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Name of Homebuyer & Property Address
HOME Program – Homebuyer Written Agreement Page 1 of 6
HOME PROGRAM
HOMEBUYER WRITTEN AGREEMENT
NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must
fulfill in exchange for the federal assistance you are receiving through the Home Investment
Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions
regarding any sections you do not fully understand. This AGREEMENT will be enforced by a
forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand
these documents before you sign them.
THIS AGREEMENT, made and entered into this ____ day of _ _, 20 by and between
_______________________________ hereinafter referred to as “BORROWER,” and AUGUSTA
HOUSING & COMMUNITY DEVLOPMENT having its principal office at 925 Laney Walker
Blvd, 2nd Floor, Augusta, Georgia 30901, hereinafter referred to as “LENDER.”
WHEREAS, on ___________________, the Lender agreed to provide to the Borrower
financial assistance to be used in pursuit of the purchase of certain real property hereafter described;__
_Map Parcel #_____________________ and
WHEREAS, a percentage of said financial assistance was provided in the form of a
Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of
_________________________, subject to the condition that the Borrower executes this Agreement.
WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban
Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME
Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s
Forgiveness Loan Program.
NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions
of State of Georgia Statues, the parties do hereby agree as follows:
The Borrower covenants and agrees with the Lender to adhere to the following HOME
Program Restrictions imposed on them for the federal assistance provided:
Affordability Period
Name of Homebuyer & Property Address
HOME Program – Homebuyer Written Agreement Page 2 of 6
You must comply with the HOME Program’s period of affordability. The period of affordability for
the home will be ____________years, based on the amount of the direct subsidy to the
HOMEBUYER. During this ___________ year period, the HOMEBUYER must maintain the home
as his/her principal place of residence at all times. During this time the recapture restriction is
effective and requires all HOME funds that were provided for the purchase of the home to be repaid to
the City, including principal, interest, late fees, and other charges, if you do not occupy the property as
your principal residence or if you sell or transfer the property.
Maximum Sales Price
The property may not have a purchase price for the type of single family housing that exceeds 95% of
the median purchase price for the area. It has been verified that the purchase price of the housing does
not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR
Part 92.254(a).
The maximum purchase price is as follows for the Augusta Richmond County GA:
Unit # FHA Limits Pre-Economic Stimulus Act
Existing Homes New Homes
1 Unit $ 152,000 $ 227,000
2 Unit $ 195,000 $ 291,000
3 Unit $ 236,000 $ 352,000
4 Unit $ 292,000 $ 436,000
Unadjusted
Median Value
$ 160,000 $ 239,000
Appraised property value
The AWARDEE certifies that a certified property appraiser has appraised the property that is the
subject of this AGREEMENT at a value of $_________________.
Principal residence requirement
This agreement shall remain in force throughout the affordability period as long as the home remains
the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as
his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in
breach of this agreement and will be required to repay any amount that has not yet been forgiven, as set
forth in Section 5 of the AGREEMENT, as of the day the home is no longer the principal place of
residence of the HOMEBUYER. If the home is sold to another party, the liability of the
HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth in Section 7
below.
________Buyer Initials
Recapture Agreement
Name of Homebuyer & Property Address
HOME Program – Homebuyer Written Agreement Page 3 of 6
This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient
decides to sell the house within the affordability period at whatever price the market will bear. The
recaptured funds will come from the net proceeds if available. Any such repayment as required shall
be made to the Lender no later than thirty (30) days following the action that require the repayment.
Obligation of Repayment
As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this
Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate
hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost,
including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is
legally described as:
ALL THAT LOT OR PARCEL OF LAND, (Add lot Description)
Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in
the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the
property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs,
executors, or representatives shall give the lender notice thereof.
In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a
required payment within said limited period, the Lender may, with or without notice to the Borrower,
foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real
estate, as provided by State Statue.
Ownership of Property
You must hold fee simple title to the property purchased with HOME funds for the duration of your
Forgiveness Loan.
Use of HOME funds
The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by
providing down payment assistance. This will reduce the sales price of the home to the
HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to
purchase the home.
________Buyer Initials
Household Income
Name of Homebuyer & Property Address
HOME Program – Homebuyer Written Agreement Page 4 of 6
You must be an eligible household through the time of filing a loan application with the City or other
lender to the escrow closing of the purchase transaction. Income eligibility means that your annual
gross household income, adjusted for household size does not exceed eighty percent (80%) of the
Augusta-Aiken median income, as established by HUD.
Insurance requirement
The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and
current insurance policy on the home for the current appraised or assessed value of the home. Failure
to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT,
and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the
HOME Program investment.
Property standards
Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all
State and local housing quality standards and code requirements. If no such standards or codes apply,
the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical
Condition Standards.
Termination Clause
In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein
or any provisions in any other collateral agreement restricting the use of the Property to low or
moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall
have no further force or effect. Any person (including his successors or assigns) receiving title to the
Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title
to the Property free and clear from such restriction.
Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of
foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien
Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default
under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior
Security Deed within the 30-day notice sent to the Lender.”
This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, representatives, successors and
assigns.
If at any time that the City realizes that you have falsified any documentation or information, you may
be required by law to pay the full amount of subsidy provided.
________Buyer Initials
Lead Requirement
Name of Homebuyer & Property Address
HOME Program – Homebuyer Written Agreement Page 5 of 6
I understand that my house was built/or not built before 1978. I am in receipt of the “Protect Your
Family from Lead in Your Home Booklet” and discussed with the staff of Housing and Community
Development.
__________Buyer Initials
Homeowner’s house was built before 1978 and has received a Lead Inspection Report.
_________Buyer Initials
Post Purchase Requirement
Homeowner must attend a Post Homeownership Counseling class and submit a certificate of
completion to AHCD within the first two years of purchasing the house. AHCD will not release the
lien on the property until this requirement has been met.
_______Buyer Initials
Name of Homebuyer & Property Address
HOME Program – Homebuyer Written Agreement Page 6 of 6
IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment
Agreement.
___________________________________________ Date___________________________
HOMEBUYER SIGNATURE
Attest:
Subscribed and sworn to before me __________________________________, 20____.
My Commission Expires ______________________________________, 20____.
______________________________________
Notary Signature
Approved as to form: _________________________ Date:______________
Augusta, GA Law Department
By: ___________________________________ Date: __________________
Hardie Davis Jr.
As its Mayor
By: ___________________________________ Date: _________________
Jarvis Sims
As its Interim Administrator
By: ___________________________________ Date:_________________
Hawthorne Welcher, Jr.
As its Director, HCD
SEAL
____________________________
Lena Bonner
As its Clerk
Administrative Services Committee Meeting
7/30/2019 1:15 PM
HCD_ Down Payment Assistance request (2)
Department:HCD
Presenter:Hawthorne Welcher Jr. and/or HCD Staff
Caption:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide funding to assist two
(2) low to moderate income homebuyers with down-payment
assistance to purchase a home.
Background:Augusta, GA’s (administered by HCD) Down Payment
Assistance Program is a loan, given to a prospective homeowner
in the form of a second mortgage. This financial assistance is
combined with a primary loan (first mortgage loan) from a
participating lending institution and enables a qualified first-time
home buyer to become a homeowner. The buyer must be a first-
time home buyer and the home must become the buyer’s
primary residence. The program is funded by the U.S.
Department of Housing and Urban Development (HUD) and
administered by Augusta, GA’s Housing and Community
Development Department (HCD). The program promotes
neighborhood stability by assisting with the gap financing
towards the purchase price and closing costs for homes located
within the limits of Augusta-Richmond County. Two
applications awaiting approval to move forward with the process
of becoming a homeowner is: 1. 1809 Rose Lane, Augusta,
GA 30904 $5,000 2. 2704 Davis
Mill Road, Hephzibah, GA 30815 $5,000 The
application has a first mortgage from a lending institution but
needs down payment assistance to complete the process. A
prospective homeowner is only eligible to receive up to $5,000
if they are purchasing a single-family dwelling in Augusta
Richmond County area. Once approved, Lenders will schedule
closing and the applicant will soon be on their way to
homeownership in Augusta – Richmond County.
Analysis:The approval of the application (2) will enable individuals to
become a homeowner and “Make the American Dream a
Reality”. Approval will also have a positive impact on the
community by increasing the tax base in Augusta, Georgia.
Financial Impact:The City receives funding from the US Housing and Urban
Development Department (HUD) on an annual basis. This
approval would be for the total amount of $10,000 given in the
form of a second mortgage (forgiven on the fifth year after
closing date), and shown as a second lien against said property
until forgiven.
Alternatives:Do not approve HCDs Request.
Recommendation:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide funding to assist two
(2) low to moderate income homebuyers with down-payment
assistance to purchase a home.
Funds are
Available in the
Following
Accounts:
Housing and Urban Development (HUD) Funds: a) HOME
Investment Partnership Grant (HOME) funds org key:
221073212
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
1
CONTRACT
Between
AUGUSTA, GEORGIA
And
J. LOVETT HOMES & CONSTRUCTION, LLC.
in the amount of
$135,861.10
One Hundred Thirty-five Thousand Eight Hundred Sixty-One and 10/100
for Fiscal Year 2018
Providing funding for
LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT
HOME FUNDING
“Single Family New Construction - 108 McQueen Court”
THIS AGREEMENT (“Contract”), is made and entered into as of the th day of ________, 2019
(“the effective date”) by and between Augusta, Georgia, acting through the Housing and Community
Development Department (hereinafter referred to as “AHCD”) - with principal offices at 925 Laney
Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part, hereinafter called "Augusta",
and J. Lovett Homes & Construction LLC.=., a developer, organized pursuant to the Laws of the State
of Georgia, hereinafter called "J. Lovett” as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker Bond Financing
for the purpose of providing and retaining affordable housing for eligible families; and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the
supply of affordable housing for eligible families; and
WHEREAS, Augusta wishes to enter into a contractual agreement with J. Lovett Homes for the
administration of the eligible affordable housing development activities utilizing HOME Investment
Partnerships (HOME) Program funds; and
WHEREAS, this activity has been determined to be eligible activity according to 24 CFR
92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code
of Federal Regulations, Part 92 of the Housing and Urban Development regulations.
WHEREAS, J. Lovett Homes has been selected and approved through a solicitation process for
development partners to assist in the redevelopment of the Laney Walker/Bethlehem communities.
Initial _____
2
WHEREAS, J. Lovett Homes has agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
WHEREAS, J. Lovett Homes has requested and Augusta has approved a total of $ 135,861.10 in grant
funds to perform eligible activities as described in Article I, below:
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and
now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description: J. Lovett Homes agrees to utilize approved HOME Program funds to support project
related costs associated with the construction of a single family unit located at 108 McQueen Court to
include:
1. Perform all required construction management and project oversight; in accordance with all
laws, ordinances, and regulations of Augusta;
2. Perform all functions required to ensure delivery of a final product meeting all requirements as
set forth by said Agreement to include:
Materials list to include brand name and/or model number of materials as specified or
agreed to adjustments to specifications including but are not limited to: appliances,
windows, HVAC, fixtures and first quality lumber. J. Lovett Homes is to provide a
finish schedule with the specifications, brands and model numbers for all interior
finishes 90 days from completion for agreement by HCD. Actual material invoices may
be requested to verify charges,
B. Use of Funds: HOME Investment Partnerships (HOME) Program funds shall be used by J.
Lovett Homes for the purposes and objectives stated in Article I, Scope of Services, and Exhibit
“A” of this Agreement. The use of these funds for any other purpose(s) is not permitted. The
following summarizes the proposed uses of the funds under this Agreement:
An amount not to exceed $135,861.10 shall be expended by J. Lovett Construction to support
the construction of the single family unit.
1. Construction
An amount not to exceed sixteen percent (16%) of the actual construction costs, only including
materials and labor, as outlined and approved on the Work Write-up shall be expended by J.
Lovett Homes for construction costs related to the development of one single family detached
homes identified as 108 McQueen Court. The design and specification of this property shall be
approved by HCD prior to construction. Funds will be used to assist with the cost of all
construction related fees.
2. Profit
An amount not to exceed amount as outlined and approved in Article I. Scope of Services,
Section B. Use of Funds and on the Work Write-Up, shall be paid to J. Lovett Homes for costs
identified as necessary operating time and expenses in addition to the profit accrued in the
development of one single family detached home identified as 108 McQueen Court. HCD will
have the latitude to pay O&P directly the procured developer/contractor on a pay performance
basis or upon the sale of the single family detached home identified as 108 McQueen Court.
3
Initial _____
C. Program Location and Specific Goals to be Achieved
J. Lovett Homes shall conduct project development activities and related services in its project
area (also known as the Laney Walker Bethlehem Community) that incorporates the following
boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, Martin Luther King
Boulevard and Walton Way and its designated geographic boundaries approved by AHCD.
D. Project Eligibility Determination
It has been determined that the use of the funds by the J. Lovett Homes will be in compliance
with 24 CFR Part 92. Notwithstanding any other provisions of this contract, J. Lovett Homes
shall provide activities and services as described in the description of the project, including use
of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing
the tasks for this project as provided in Exhibit A of this contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
J Lovett Homes will be compensated in accordance with this Article II, Budget and Method of Payment,
that specifically identifies the use of project funding as represented in Article II. C.2 of this Agreement.
J Lovett Homes will carry out and oversee the implementation of projects to be funded with HOME
Program funds. J. Lovett Homes agrees to perform the required services under the general coordination
of the Augusta Housing and Community Development Department. In addition and upon approval by
Augusta, J. Lovett Homes, may engage the services of outside professional services consultants and
contractors to help carry out the program and projects.
A. Augusta shall designate and make the funds available in the following manner:
1. The method of payment for construction costs, including only materials and labor as outlined
and approved on the Work Write-Up, shall be on a pay for performance basis provided J.
Lovett Homes and HCD determine the progress is satisfactory. J. Lovett Homes shall utilize
the AIA Form provided by HCD (See appendix). For invoicing, J. Lovett Homes shall include
documentation showing proof of completion of work in accordance with the amount
requested, inspected and accepted by HCD, lien waivers for vendors and subcontractors, as
specified in the Work Write-Up found in Exhibit B & E.
2. HCD will monitor the progress of the project and J. Lovett Homes’ performance on a weekly
basis with regards to the production of housing units and the overall effectiveness of project.
3. Upon the completion of this agreement, any unused or residual funds remaining shall revert to
Augusta and shall be due and payable on such date of the termination and shall be paid no later
than thirty (30) days thereafter.
4. Funds may not be transferred from line to line item in the project budget without the prior written
approval of Augusta.
Initial
_____________
4
5. HCD will retain five percent (5%) of an amount of construction costs, including only materials
and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy
has been issued until J. Lovett Homes and HCD determine that all HCD punch list items have
been satisfied.
B. Project Financing
The Augusta Housing and Community Development Department (HCD) will provide an
amount not to exceed the actual construction costs including only materials and labor as outlined
and approved on the Work Write-Up to be expended by J. Lovett Homes for construction costs
related to the development of one single family detached home identified as 108 McQueen
Court.
All funding is being provided as payment for services rendered as per this agreement.
C. Timetable for Completion of Project Activities
1. J. Lovett Homes shall be permitted to commence with the expenditure of funds as outlined in
said Agreement . J. Lovett Homes shall obligate and expend the designated funds by December
31, 2019. Based on the budget outlined in C.2 below, J. Lovett Homes will provide a detailed
outline of critical project milestones and projected expenditures during the course of the
development project as Exhibit C. These documents will become an official part of the
contractual agreement and provide the basis for overall project performance measurements.
2. J. Lovett Homes agrees to pay as liquidated damages to Augusta the sum of one hundred dollars
($100) for each consecutive calendar day after the expiration of the contract time of completion
time, except for authorized extensions by Augusta.
D. Project Budget: Limitations
1. J. Lovett Homes shall be paid a total consideration of $ 135,861.10 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the J. Lovett Homes. It is also understood by both parties to this contract that
the funding provided under this contract for this specific project shall be the only funds provided
by Augusta – unless otherwise agreed to by Augusta and J. Lovett Homes.
2. J. Lovett Homes shall adhere to the following budget in the performance of this contract.
A. Project Activity Cost $ 135,861.10
New Construction
TOTAL PROJECT COST: $ 135,861.10
Initial_____
5
ARTICLE IV. TERM OF CONTRACT
The term of this agreement shall commence on the date when this agreement is executed by Augusta
and the J. Lovett Homes (whichever date is later) and shall end at the completion of all program
activities, within the time specified in Article I.D, or in accordance with ARTICLE IX: Suspension and
Termination.
ARTICLE V. DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
the J. Lovett Homes, or any subcontractor hereunder. All payments to the J. Lovett Homes by
Augusta will be made on a reimbursement basis.
B. J. Lovett Homes shall maintain a separate account and accounting process for funding sources.
C. J. Lovett Homes shall not use these funds for any purpose other than the purpose set forth in this
Agreement.
D. Subject to J. Lovett Homes's compliance with the provisions of this Agreement, Augusta agrees
to reimburse all budgeted costs allowable under federal, state, and local guidelines.
E. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations"
as well as the procurement policy of Augusta.
F. Requests by J. Lovett Homes for payment shall be accompanied by proper documentation and
shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30)
calendar days after the last date covered by the request. For purposes of this section, proper
documentation includes: "Reimbursement Request" form supplied by HCD, copies of invoices,
receipts, other evidence of indebtedness, budget itemization and description of specific activities
undertaken. Invoices shall not be honored if received by Augusta later than sixty (60) calendar
days after expiration date of this Agreement. Reimbursement request form is in Appendix A.
G. J. Lovett Homes shall maintain an adequate financial system and internal fiscal controls.
H. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by the
J. Lovett Homes.
ARTICLE VIII ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
J. Lovett Homes agrees to comply with the conflict of interest provisions contained in 24 CFR
85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate.
This conflict of interest provision applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of J. Lovett Homes. No person described above
6
who exercises, may exercise or has exercised any functions or responsibilities with respect to
the activities supported under this contract; or who are in a position to participate in a decision-
making process or gain inside information with regard to such activities, may obtain any
financial interest or benefit from the activities, or have a financial interest in any contract, sub-
contract, or agreement with respect to the contract activities, either for themselves or those with
whom they have business or family ties, during their tenure or for one year thereafter. For the
purpose of this provision, "family ties", as defined in the above cited volume and provisions of
the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-
law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law,
Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject
matter of this Agreement. J. Lovett Homes in the persons of Directors, Officers, Employees,
Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall
sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this
Agreement)
Initial _____
B. Augusta may, from time to time, request changes to the scope of this agreement and
obligations to be performed hereunder by J. Lovett Homes. In such instances, J. Lovett
Homes shall consult with HCD/Augusta on any changes that will result in substantive
changes to this Agreement. All such changes shall be made via written amendments to this
Agreement and shall be approved by the governing bodies of both Augusta and J. Lovett
Homes.
C. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement.
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housing
J. Lovett Homes agrees that it will conduct and administer activities in conformity with Pub. L.
88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act",
and that it will affirmatively further fair housing. One suggested activity is to use the fair housing
symbol and language in J. Lovett Homes’s publications and/or advertisements. (24 CFR
570.601).
B. Ownership Interest
J. Lovett Homes agrees that the ownership in the housing assisted units must meet the
definition of “homeownership” in §92.2.
C. Non-Discrimination
J. Lovett Homes. agrees to comply with 24 CFR Part I, which provides that no person shall be
excluded from participation in this project on the grounds of race, color, national origin, or sex;
or be subject to discrimination under any program or activity funded in whole or in part with
federal funds made available pursuant to the Act.
7
D. Labor Standards
1. General: J. Lovett Homes agrees that in instances in which there is construction work
over $2,000 financed in whole or in part with funds under this Agreement, J. Lovett
Homes will adhere to the Davis-Bacon Act (40 USC 276), as amended, which requires
all laborers and mechanics working on the project to be paid not less than prevailing
wage-rates as determined by the Secretary of Labor. By reason of the foregoing
requirement, the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.)
also applies. These requirements apply to the rehabilitation of residential property only
if such property contains eight or more units. (24 CFR 570.603)
1. Labor Matters: No person employed in the work covered by this contract shall be discharged
or in any way discriminated against because he or she has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR
570.603)
Initial _____
E. Environmental Standards
J. Lovett Homes agrees that in accordance with the National Environmental Policy Act of 1969
and 24 CFR part 58, it will cooperate with Augusta/HCD in complying with the Act and
regulations, and that no activities will be undertaken until notified by Augusta/HCD that the
activity is in compliance with the Act and regulations. Prior to beginning any project
development activity, an environmental review must be conducted by the Augusta-Richmond
County Planning Department pursuant to (24 CFR 570.604).
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), J&B Construct
agrees that the funds shall not be expended for acquisition or construction in an area identified
by the Federal Emergency Management Agency (FEMA) as having special flood hazards
(representing the 100-year floodplain). Exceptions will be made if the community is
participating in the National Flood Insurance Program or less than a year has passed since
FEMA notification and flood insurance has been obtained in accordance with section 102(a) of
the Flood Disaster Protection Act of 1973.
G. Displacement and Relocation
J. Lovett Homes agrees to take all reasonable steps to minimize displacement of persons as a
result of an assisted activities. Any such activities assisted with the funds will be conducted in
accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606).
H. Non-Discrimination in Employment
J. Lovett Homes agrees to comply with Executive Order 11246 and 12086 and the regulations
issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin. J. Lovett Homes will in all
solicitations or advertisements for employees placed by or on behalf of J. Lovett Homes, state
8
that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin or familial status.
I. Employment and Business Opportunities
J. Lovett Homes. agrees that low and moderate income persons residing within Augusta-
Richmond County; and that contracts for work in connection with the project be awarded to
eligible business concerns which are located in or owned in substantial part by persons residing
in Augusta-Richmond County - (24 CFR 570.697).
J. Lead-Based Paint
In accordance with Section 92.355 of the Regulations and Section 570.608 of the CDBG
Regulations, J. Lovett Homes agrees to comply with the Lead Based Paint Poisoning Prevention
Act pursuant to prohibition against the use of lead-based paint in residential structures and to
comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-
based paint poisoning and the elimination of lead-based paint hazards.
K. Debarred, Suspended or Ineligible Contractor
J. Lovett Homes. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect
use of any contractor during any period of debarment, suspension or placement in ineligibility
status. No contract will be executed until such time that the debarred, suspended or ineligible
contractor has been approved and reinstated by HCD.
L. Drug Free Workplace
In accordance with 24 CFR part 24, subpart F, J. Lovett Homes agrees to administer a policy to
provide a drug-free workplace that is free from illegal use, possession or distribution of drugs
or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988.
M. Publicity
Any publicity generated by J. Lovett Homes for the project funded pursuant to this Agreement,
during the term of this Agreement or for one year thereafter, will make reference to the
contribution of Augusta-Richmond County in making the project possible. The words "Augusta-
Richmond County Department of Housing and Community Development" will be explicitly
stated in any and all pieces of publicity; including but not limited to flyers, press releases,
posters, brochures, public service announcements, interviews, and newspaper articles.
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43, if J. Lovett Homes fails to expend its grant funds in a timely
manner, such failure shall constitute a material failure to comply with this Agreement and
invoke the suspension and termination provisions of ARTICLE X. For purposes of this
Agreement, timely expenditure of funds means J. Lovett Homes shall obligate and expend its
funds as designated under ARTICLE II. (B).
9
O. Compliance with Laws and Permits
J. Lovett Homes shall comply with all applicable laws, ordinances and codes of the federal,
state, and local governments and shall commit no trespass on any public or private property in
performing any of the work embraced by this contract. J. Lovett Homes agrees to obtain all
necessary permits for intended improvements or activities.
P. Assignment of Contract
J. Lovett Homes shall not assign any interest in this contract or transfer any interest in the same
without the prior written approval of Augusta.
Initial _____
Q. Equal Employment Opportunity
J. Lovett Homes agrees to comply with the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing
regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with
handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants
program, the term dwelling units in 24 CFR part 8 shall include sleeping accommodations.
R. Commitment to Non-Discrimination
J. Lovett Homes will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, or familial status. J. Lovett Homes will take
appropriate action to insure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, national origin, or J. Lovett
Homes social status. J. Lovett Homes agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by Augusta setting forth the
provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007
Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-
CV-019 (S.D. Ga. 2007), J. Lovett Homes agrees to comply with any federally mandated
requirements as to minority and women-owned business enterprises in connection with HOME
supported activities.
ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT
WITH THE MARCH 14, 2007 CORT ORDER IN THE CASE, THOMPSON
WRECKING, INC. V. AUGUSTA, GEORGIA, CIVIL ACTION NO. 1:07-CV-019 9S.D.
Ga. 2007), IS VOIDABLE BY THE AUGUSTA GOVERNMENT.
S. Religious Influence
J. Lovett Homes will not discriminate against any employee or applicant for employment on the
basis of religion and will not give preference of persons on the basis of religion. J. Lovett Homes
will not discriminate against any person applying for shelter on the basis of religion. J. Lovett
Homes will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing and exert no religious influence in the provision
of shelter and other eligible activities funded by this grant.
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T. Indirect Costs
Indirect costs will only be paid if J. Lovett Homes has indirect cost allocation plan approved by
the Department of Housing and Urban Development prior to the execution of this Contract.
U. Travel
If applicable, J. Lovett Homes shall obtain prior written approval from the Grantee for any travel
outside the State of Georgia with funds provided under this contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
Initial _____
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event J. Lovett Homes materially fails to comply with any terms of this agreement,
including the timely completion of activities as described in the timetable and/or contained in
ARTICLE I, Scope of Services, Augusta may withhold cash payments until J. Lovett Homes,
Inc. cures any breach of the agreement. If J. Lovett Homes fails to cure the breach, Augusta
may suspend or terminate the current award of HOME funds for the J. Lovett Homes program.
B. Notwithstanding the above, J. Lovett Homes shall not be relieved of its liability to Augusta for
damages sustained as a result of any breach of this agreement. In addition, to any other remedies
it may have at law or equity, Augusta may withhold any payments to J. Lovett Homes for the
purposes of set off until such time as the exact amount of damages is determined.
C. In the best interest of the program and to better serve the people in the target areas and fulfill
the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days
notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta
terminates the Agreement, Augusta shall pay J. Lovett Homes for documented committed
eligible costs incurred prior to the date of notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, J. Lovett Homes shall not be
relieved of any duties or obligations imposed on it under ARTICLES V, VI, VII, VIII, IX, XI,
and XII of this agreement with respect to HOME funds previously disbursed or income derived
therefrom.
ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail, return receipt requested, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall remain such until it shall have been
changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
530 Green Street, Suite 801
11
Augusta, Georgia 30911
With copies to:
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2nd Floor
Augusta, Georgia 30901
J. Lovett Homes and Construction LLC. will receive all notices at the address indicated below:
J. Lovett Homes and Construction LLC
ATTN: Jozell Lovett
3062 Damascus Road, Suite G
Augusta, GA 30909 Initial _____
ARTICLE XII. INDEMNIFICATION
J. Lovett Homes will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and
employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court
costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind
resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue
of the performance of this Agreement. By execution of this agreement, J. Lovett Homes specifically
consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any
right to contest jurisdiction or venue in said Court.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation
in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control
same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors
and assigns, all jointly and severally under the terms of this Agreement.
ARTICLE XIII. INSURANCE AND BONDING
J. Lovett Homes shall acquire adequate insurance coverage to protect all contract assets from loss or
damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be
subject to approval by Augusta. Additionally, J. Lovett Homes shall procure and provide for approval
by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of J.
Lovett Homes handling or charged with the responsibility for handling funds and property pursuant to
this contract. J. Lovett Homes shall procure and provide, for approval by the Augusta, comprehensive
general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as
named insured the City of Augusta, the Mayor, Commissioners, and Augusta's officers, agents,
members, employees, and successors.
Additionally, J. Lovett Homes shall procure officers and directors liability insurance under policies to
be approved by the Augusta. All of the above policies shall provide that no act or omission of the
grantee, its agents, servants or employees shall invalidate any insurance coverage for other named
insured. No insurance policy providing insurance coverage required to be provided by J. Lovett Homes
hereunder shall be cancelable without at least fifteen days advance written notice to the Grantee. All
12
insurance policies required hereunder or copies thereof shall be promptly submitted for approval by the
Augusta.
ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings concerning the subject matter of this agreement that
are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements whether oral or written. Augusta is
not obligated to provide funding of any kind to J. Lovett Homes beyond the term of this Agreement.
Initial _____
ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to be
inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and
enforced as though it were included herein and if, through mistake or otherwise, any such provision is
not inserted or is not correctly inserted, then upon application of either party this Agreement shall
forthwith be amended to make such insertion.
13
ARTICLE XVI. COUNTERPARTS
This agreement is executed in two (2) counterparts – each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each party
hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA, GEORGIA
(Augusta)
Approved as to form:
_________________________ Date:______________
Augusta, GA Law Department
By: ___________________________________ Date: __________________
Hardie Davis
As its Mayor
By: ___________________________________ Date: _________________
Jarvis Sims
As its Interim Administrator
By: ___________________________________ Date:_________________
Hawthorne Welcher, Jr.
As its Director, HCD
SEAL
____________________________
Lena Bonner
As its Clerk
ATTEST: J. Lovett Homes and Construction LLC.
(Grantee)
SEAL:
By: ________________________
Its:_________________________
_______________________
(Plain witness)
14
APPENDIX A
Statutes: (Available on Request)
24 CFR Part 92, HOME Investment Partnerships Program (“HOME”)
OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122 - Cost Principles for Non-Profit Organizations
OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions
40 USC 276 Davis-Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint
Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being
sold, Final Rule
Augusta-Richmond County Procurement Policy
Conflict of Interest Affidavit
Forms:
Reimbursement Form
15
APPENDIX B
REPORTING REQUIREMENTS
J.Lovett Homes shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly/Quarterly Progress & Financial Reports
Due the 15th of the new quarter.
3. Annual Progress Report (January 16, 2020)
4. Audit/Financial Report
5. Grantee shall maintain files on each person assisted. Each file shall contain, but is not
restricted to, income data and verification for each person assisted; application for
services; record of services provided; amount of services provided; documentation of
costs for which assistance is provided; transportation log; documentation of medical
need regarding prescriptions; and any other document that will provide proof of needed
service(s) and subsequent provision of such service(s) as allowed under this contract.
16
APPENDIX C
CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy,
Massachusetts.
E. Model Energy Code, 1997, Council of American Building Officials.
F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American
with Disabilities Act of 1990”.
G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972.
J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f').
2. Bidding:
A. Only contractors included on the Augusta-Richmond County Housing & Community
Development Department Approved Contractor List may bid on construction projects funded
with CDBG funds
B. All bids will be awarded to the lowest bidder submitting an accurate and qualified bid.
C. All bidding documents and procedures will be made available for HCD review upon request
2. Eligible Contractors: Any contractor desiring to bid on HOME or CDBG projects may apply for
inclusion on the AHCD Approved Contractor List. Applications will be processed and either
approved or disapproved within 10 working days. Under no circumstances will barred, disapproved,
or otherwise ineligible contractors be allowed to bid on CDBG funded projects.
3. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or
other means of outlining work on a particular project will be submitted in writing to AHCD for
17
review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will
review these items for compliance with new construction and/or rehabilitation standards and
materials use.
4. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition
Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-
Richmond County Housing & Community Development Department Contractors Manual and
Performance Standards. A copy of this manual is provided to every contractor when included on the
AHCD Approved Contractors List. A copy is enclosed for inclusion.
5. Inspections. All projects will be inspected and approved by an AHCD Construction and
Rehabilitation Inspector prior to release of the funds for that project.
1
CONTRACT
Between
AUGUSTA, GEORGIA
And
J. LOVETT HOMES & CONSTRUCTION, LLC.
in the amount of
$135,861.10
One Hundred Thirty-five Thousand Eight Hundred Sixty-One and 10/100
for Fiscal Year 2018
Providing funding for
LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT
HOME FUNDING
“Single Family New Construction - 116 McQueen Court”
THIS AGREEMENT (“Contract”), is made and entered into as of the th day of ________, 2019
(“the effective date”) by and between Augusta, Georgia, acting through the Housing and Community
Development Department (hereinafter referred to as “AHCD”) - with principal offices at 925 Laney
Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part, hereinafter called "Augusta",
and J. Lovett Homes & Construction LLC.=., a developer, organized pursuant to the Laws of the State
of Georgia, hereinafter called "J. Lovett” as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker Bond Financing
for the purpose of providing and retaining affordable housing for eligible families; and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the
supply of affordable housing for eligible families; and
WHEREAS, Augusta wishes to enter into a contractual agreement with J. Lovett Homes for the
administration of the eligible affordable housing development activities utilizing HOME Investment
Partnerships (HOME) Program funds; and
WHEREAS, this activity has been determined to be eligible activity according to 24 CFR
92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code
of Federal Regulations, Part 92 of the Housing and Urban Development regulations.
WHEREAS, J. Lovett Homes has been selected and approved through a solicitation process for
development partners to assist in the redevelopment of the Laney Walker/Bethlehem communities.
Initial _____
2
WHEREAS, J. Lovett Homes has agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
WHEREAS, J. Lovett Homes has requested and Augusta has approved a total of $ 135,861.10 in grant
funds to perform eligible activities as described in Article I, below:
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and
now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description: J. Lovett Homes agrees to utilize approved HOME Program funds to support project
related costs associated with the construction of a single family unit located at 116 McQueen Court to
include:
1. Perform all required construction management and project oversight; in accordance with all
laws, ordinances, and regulations of Augusta;
2. Perform all functions required to ensure delivery of a final product meeting all requirements as
set forth by said Agreement to include:
Materials list to include brand name and/or model number of materials as specified or
agreed to adjustments to specifications including but are not limited to: appliances,
windows, HVAC, fixtures and first quality lumber. J. Lovett Homes is to provide a
finish schedule with the specifications, brands and model numbers for all interior
finishes 90 days from completion for agreement by HCD. Actual material invoices may
be requested to verify charges,
B. Use of Funds: HOME Investment Partnerships (HOME) Program funds shall be used by J.
Lovett Homes for the purposes and objectives stated in Article I, Scope of Services, and Exhibit
“A” of this Agreement. The use of these funds for any other purpose(s) is not permitted. The
following summarizes the proposed uses of the funds under this Agreement:
An amount not to exceed $135,861.10 shall be expended by J. Lovett Construction to support
the construction of the single family unit.
1. Construction
An amount not to exceed sixteen percent (16%) of the actual construction costs, only including
materials and labor, as outlined and approved on the Work Write-up shall be expended by J.
Lovett Homes for construction costs related to the development of one single family detached
homes identified as 108 McQueen Court. The design and specification of this property shall be
approved by HCD prior to construction. Funds will be used to assist with the cost of all
construction related fees.
2. Profit
An amount not to exceed amount as outlined and approved in Article I. Scope of Services,
Section B. Use of Funds and on the Work Write-Up, shall be paid to J. Lovett Homes for costs
identified as necessary operating time and expenses in addition to the profit accrued in the
development of one single family detached home identified as 108 McQueen Court. HCD will
have the latitude to pay O&P directly the procured developer/contractor on a pay performance
basis or upon the sale of the single family detached home identified as 108 McQueen Court.
3
Initial _____
C. Program Location and Specific Goals to be Achieved
J. Lovett Homes shall conduct project development activities and related services in its project
area (also known as the Laney Walker Bethlehem Community) that incorporates the following
boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, Martin Luther King
Boulevard and Walton Way and its designated geographic boundaries approved by AHCD.
D. Project Eligibility Determination
It has been determined that the use of the funds by the J. Lovett Homes will be in compliance
with 24 CFR Part 92. Notwithstanding any other provisions of this contract, J. Lovett Homes
shall provide activities and services as described in the description of the project, including use
of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing
the tasks for this project as provided in Exhibit A of this contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
J Lovett Homes will be compensated in accordance with this Article II, Budget and Method of Payment,
that specifically identifies the use of project funding as represented in Article II. C.2 of this Agreement.
J Lovett Homes will carry out and oversee the implementation of projects to be funded with HOME
Program funds. J. Lovett Homes agrees to perform the required services under the general coordination
of the Augusta Housing and Community Development Department. In addition and upon approval by
Augusta, J. Lovett Homes, may engage the services of outside professional services consultants and
contractors to help carry out the program and projects.
A. Augusta shall designate and make the funds available in the following manner:
1. The method of payment for construction costs, including only materials and labor as outlined
and approved on the Work Write-Up, shall be on a pay for performance basis provided J.
Lovett Homes and HCD determine the progress is satisfactory. J. Lovett Homes shall utilize
the AIA Form provided by HCD (See appendix). For invoicing, J. Lovett Homes shall include
documentation showing proof of completion of work in accordance with the amount
requested, inspected and accepted by HCD, lien waivers for vendors and subcontractors, as
specified in the Work Write-Up found in Exhibit B & E.
2. HCD will monitor the progress of the project and J. Lovett Homes’ performance on a weekly
basis with regards to the production of housing units and the overall effectiveness of project.
3. Upon the completion of this agreement, any unused or residual funds remaining shall revert to
Augusta and shall be due and payable on such date of the termination and shall be paid no later
than thirty (30) days thereafter.
4. Funds may not be transferred from line to line item in the project budget without the prior written
approval of Augusta.
Initial
_____________
4
5. HCD will retain five percent (5%) of an amount of construction costs, including only materials
and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy
has been issued until J. Lovett Homes and HCD determine that all HCD punch list items have
been satisfied.
B. Project Financing
The Augusta Housing and Community Development Department (HCD) will provide an
amount not to exceed the actual construction costs including only materials and labor as outlined
and approved on the Work Write-Up to be expended by J. Lovett Homes for construction costs
related to the development of one single family detached home identified as 116 McQueen
Court.
All funding is being provided as payment for services rendered as per this agreement.
C. Timetable for Completion of Project Activities
1. J. Lovett Homes shall be permitted to commence with the expenditure of funds as outlined in
said Agreement . J. Lovett Homes shall obligate and expend the designated funds by February
28, 2020. Based on the budget outlined in C.2 below, J. Lovett Homes will provide a detailed
outline of critical project milestones and projected expenditures during the course of the
development project as Exhibit C. These documents will become an official part of the
contractual agreement and provide the basis for overall project performance measurements.
2. J. Lovett Homes agrees to pay as liquidated damages to Augusta the sum of one hundred dollars
($100) for each consecutive calendar day after the expiration of the contract time of completion
time, except for authorized extensions by Augusta.
D. Project Budget: Limitations
1. J. Lovett Homes shall be paid a total consideration of $ 135,861.10 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the J. Lovett Homes. It is also understood by both parties to this contract that
the funding provided under this contract for this specific project shall be the only funds provided
by Augusta – unless otherwise agreed to by Augusta and J. Lovett Homes.
2. J. Lovett Homes shall adhere to the following budget in the performance of this contract.
A. Project Activity Cost $ 135,861.10
New Construction
TOTAL PROJECT COST: $ 135,861.10
Initial_____
5
ARTICLE IV. TERM OF CONTRACT
The term of this agreement shall commence on the date when this agreement is executed by Augusta
and the J. Lovett Homes (whichever date is later) and shall end at the completion of all program
activities, within the time specified in Article I.D, or in accordance with ARTICLE IX: Suspension and
Termination.
ARTICLE V. DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
the J. Lovett Homes, or any subcontractor hereunder. All payments to the J. Lovett Homes by
Augusta will be made on a reimbursement basis.
B. J. Lovett Homes shall maintain a separate account and accounting process for funding sources.
C. J. Lovett Homes shall not use these funds for any purpose other than the purpose set forth in this
Agreement.
D. Subject to J. Lovett Homes's compliance with the provisions of this Agreement, Augusta agrees
to reimburse all budgeted costs allowable under federal, state, and local guidelines.
E. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations"
as well as the procurement policy of Augusta.
F. Requests by J. Lovett Homes for payment shall be accompanied by proper documentation and
shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30)
calendar days after the last date covered by the request. For purposes of this section, proper
documentation includes: "Reimbursement Request" form supplied by HCD, copies of invoices,
receipts, other evidence of indebtedness, budget itemization and description of specific activities
undertaken. Invoices shall not be honored if received by Augusta later than sixty (60) calendar
days after expiration date of this Agreement. Reimbursement request form is in Appendix A.
G. J. Lovett Homes shall maintain an adequate financial system and internal fiscal controls.
H. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by the
J. Lovett Homes.
ARTICLE VIII ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
J. Lovett Homes agrees to comply with the conflict of interest provisions contained in 24 CFR
85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate.
This conflict of interest provision applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of J. Lovett Homes. No person described above
6
who exercises, may exercise or has exercised any functions or responsibilities with respect to
the activities supported under this contract; or who are in a position to participate in a decision-
making process or gain inside information with regard to such activities, may obtain any
financial interest or benefit from the activities, or have a financial interest in any contract, sub-
contract, or agreement with respect to the contract activities, either for themselves or those with
whom they have business or family ties, during their tenure or for one year thereafter. For the
purpose of this provision, "family ties", as defined in the above cited volume and provisions of
the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-
law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law,
Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject
matter of this Agreement. J. Lovett Homes in the persons of Directors, Officers, Employees,
Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall
sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this
Agreement)
Initial _____
B. Augusta may, from time to time, request changes to the scope of this agreement and
obligations to be performed hereunder by J. Lovett Homes. In such instances, J. Lovett
Homes shall consult with HCD/Augusta on any changes that will result in substantive
changes to this Agreement. All such changes shall be made via written amendments to this
Agreement and shall be approved by the governing bodies of both Augusta and J. Lovett
Homes.
C. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement.
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housing
J. Lovett Homes agrees that it will conduct and administer activities in conformity with Pub. L.
88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act",
and that it will affirmatively further fair housing. One suggested activity is to use the fair housing
symbol and language in J. Lovett Homes’s publications and/or advertisements. (24 CFR
570.601).
B. Ownership Interest
J. Lovett Homes agrees that the ownership in the housing assisted units must meet the
definition of “homeownership” in §92.2.
C. Non-Discrimination
J. Lovett Homes. agrees to comply with 24 CFR Part I, which provides that no person shall be
excluded from participation in this project on the grounds of race, color, national origin, or sex;
or be subject to discrimination under any program or activity funded in whole or in part with
federal funds made available pursuant to the Act.
7
D. Labor Standards
1. General: J. Lovett Homes agrees that in instances in which there is construction work
over $2,000 financed in whole or in part with funds under this Agreement, J. Lovett
Homes will adhere to the Davis-Bacon Act (40 USC 276), as amended, which requires
all laborers and mechanics working on the project to be paid not less than prevailing
wage-rates as determined by the Secretary of Labor. By reason of the foregoing
requirement, the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.)
also applies. These requirements apply to the rehabilitation of residential property only
if such property contains eight or more units. (24 CFR 570.603)
1. Labor Matters: No person employed in the work covered by this contract shall be discharged
or in any way discriminated against because he or she has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR
570.603)
Initial _____
E. Environmental Standards
J. Lovett Homes agrees that in accordance with the National Environmental Policy Act of 1969
and 24 CFR part 58, it will cooperate with Augusta/HCD in complying with the Act and
regulations, and that no activities will be undertaken until notified by Augusta/HCD that the
activity is in compliance with the Act and regulations. Prior to beginning any project
development activity, an environmental review must be conducted by the Augusta-Richmond
County Planning Department pursuant to (24 CFR 570.604).
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), J&B Construct
agrees that the funds shall not be expended for acquisition or construction in an area identified
by the Federal Emergency Management Agency (FEMA) as having special flood hazards
(representing the 100-year floodplain). Exceptions will be made if the community is
participating in the National Flood Insurance Program or less than a year has passed since
FEMA notification and flood insurance has been obtained in accordance with section 102(a) of
the Flood Disaster Protection Act of 1973.
G. Displacement and Relocation
J. Lovett Homes agrees to take all reasonable steps to minimize displacement of persons as a
result of an assisted activities. Any such activities assisted with the funds will be conducted in
accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606).
H. Non-Discrimination in Employment
J. Lovett Homes agrees to comply with Executive Order 11246 and 12086 and the regulations
issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin. J. Lovett Homes will in all
solicitations or advertisements for employees placed by or on behalf of J. Lovett Homes, state
8
that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin or familial status.
I. Employment and Business Opportunities
J. Lovett Homes. agrees that low and moderate income persons residing within Augusta-
Richmond County; and that contracts for work in connection with the project be awarded to
eligible business concerns which are located in or owned in substantial part by persons residing
in Augusta-Richmond County - (24 CFR 570.697).
J. Lead-Based Paint
In accordance with Section 92.355 of the Regulations and Section 570.608 of the CDBG
Regulations, J. Lovett Homes agrees to comply with the Lead Based Paint Poisoning Prevention
Act pursuant to prohibition against the use of lead-based paint in residential structures and to
comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-
based paint poisoning and the elimination of lead-based paint hazards.
K. Debarred, Suspended or Ineligible Contractor
J. Lovett Homes. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect
use of any contractor during any period of debarment, suspension or placement in ineligibility
status. No contract will be executed until such time that the debarred, suspended or ineligible
contractor has been approved and reinstated by HCD.
L. Drug Free Workplace
In accordance with 24 CFR part 24, subpart F, J. Lovett Homes agrees to administer a policy to
provide a drug-free workplace that is free from illegal use, possession or distribution of drugs
or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988.
M. Publicity
Any publicity generated by J. Lovett Homes for the project funded pursuant to this Agreement,
during the term of this Agreement or for one year thereafter, will make reference to the
contribution of Augusta-Richmond County in making the project possible. The words "Augusta-
Richmond County Department of Housing and Community Development" will be explicitly
stated in any and all pieces of publicity; including but not limited to flyers, press releases,
posters, brochures, public service announcements, interviews, and newspaper articles.
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43, if J. Lovett Homes fails to expend its grant funds in a timely
manner, such failure shall constitute a material failure to comply with this Agreement and
invoke the suspension and termination provisions of ARTICLE X. For purposes of this
Agreement, timely expenditure of funds means J. Lovett Homes shall obligate and expend its
funds as designated under ARTICLE II. (B).
9
O. Compliance with Laws and Permits
J. Lovett Homes shall comply with all applicable laws, ordinances and codes of the federal,
state, and local governments and shall commit no trespass on any public or private property in
performing any of the work embraced by this contract. J. Lovett Homes agrees to obtain all
necessary permits for intended improvements or activities.
P. Assignment of Contract
J. Lovett Homes shall not assign any interest in this contract or transfer any interest in the same
without the prior written approval of Augusta.
Initial _____
Q. Equal Employment Opportunity
J. Lovett Homes agrees to comply with the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing
regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with
handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants
program, the term dwelling units in 24 CFR part 8 shall include sleeping accommodations.
R. Commitment to Non-Discrimination
J. Lovett Homes will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, or familial status. J. Lovett Homes will take
appropriate action to insure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, national origin, or J. Lovett
Homes social status. J. Lovett Homes agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by Augusta setting forth the
provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007
Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-
CV-019 (S.D. Ga. 2007), J. Lovett Homes agrees to comply with any federally mandated
requirements as to minority and women-owned business enterprises in connection with HOME
supported activities.
ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT
WITH THE MARCH 14, 2007 CORT ORDER IN THE CASE, THOMPSON
WRECKING, INC. V. AUGUSTA, GEORGIA, CIVIL ACTION NO. 1:07-CV-019 9S.D.
Ga. 2007), IS VOIDABLE BY THE AUGUSTA GOVERNMENT.
S. Religious Influence
J. Lovett Homes will not discriminate against any employee or applicant for employment on the
basis of religion and will not give preference of persons on the basis of religion. J. Lovett Homes
will not discriminate against any person applying for shelter on the basis of religion. J. Lovett
Homes will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing and exert no religious influence in the provision
of shelter and other eligible activities funded by this grant.
10
T. Indirect Costs
Indirect costs will only be paid if J. Lovett Homes has indirect cost allocation plan approved by
the Department of Housing and Urban Development prior to the execution of this Contract.
U. Travel
If applicable, J. Lovett Homes shall obtain prior written approval from the Grantee for any travel
outside the State of Georgia with funds provided under this contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
Initial _____
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event J. Lovett Homes materially fails to comply with any terms of this agreement,
including the timely completion of activities as described in the timetable and/or contained in
ARTICLE I, Scope of Services, Augusta may withhold cash payments until J. Lovett Homes,
Inc. cures any breach of the agreement. If J. Lovett Homes fails to cure the breach, Augusta
may suspend or terminate the current award of HOME funds for the J. Lovett Homes program.
B. Notwithstanding the above, J. Lovett Homes shall not be relieved of its liability to Augusta for
damages sustained as a result of any breach of this agreement. In addition, to any other remedies
it may have at law or equity, Augusta may withhold any payments to J. Lovett Homes for the
purposes of set off until such time as the exact amount of damages is determined.
C. In the best interest of the program and to better serve the people in the target areas and fulfill
the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days
notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta
terminates the Agreement, Augusta shall pay J. Lovett Homes for documented committed
eligible costs incurred prior to the date of notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, J. Lovett Homes shall not be
relieved of any duties or obligations imposed on it under ARTICLES V, VI, VII, VIII, IX, XI,
and XII of this agreement with respect to HOME funds previously disbursed or income derived
therefrom.
ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail, return receipt requested, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall remain such until it shall have been
changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
530 Green Street, Suite 801
11
Augusta, Georgia 30911
With copies to:
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2nd Floor
Augusta, Georgia 30901
J. Lovett Homes and Construction LLC. will receive all notices at the address indicated below:
J. Lovett Homes and Construction LLC
ATTN: Jozell Lovett
3062 Damascus Road, Suite G
Augusta, GA 30909 Initial _____
ARTICLE XII. INDEMNIFICATION
J. Lovett Homes will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and
employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court
costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind
resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue
of the performance of this Agreement. By execution of this agreement, J. Lovett Homes specifically
consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any
right to contest jurisdiction or venue in said Court.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation
in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control
same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors
and assigns, all jointly and severally under the terms of this Agreement.
ARTICLE XIII. INSURANCE AND BONDING
J. Lovett Homes shall acquire adequate insurance coverage to protect all contract assets from loss or
damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be
subject to approval by Augusta. Additionally, J. Lovett Homes shall procure and provide for approval
by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of J.
Lovett Homes handling or charged with the responsibility for handling funds and property pursuant to
this contract. J. Lovett Homes shall procure and provide, for approval by the Augusta, comprehensive
general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as
named insured the City of Augusta, the Mayor, Commissioners, and Augusta's officers, agents,
members, employees, and successors.
Additionally, J. Lovett Homes shall procure officers and directors liability insurance under policies to
be approved by the Augusta. All of the above policies shall provide that no act or omission of the
grantee, its agents, servants or employees shall invalidate any insurance coverage for other named
insured. No insurance policy providing insurance coverage required to be provided by J. Lovett Homes
hereunder shall be cancelable without at least fifteen days advance written notice to the Grantee. All
12
insurance policies required hereunder or copies thereof shall be promptly submitted for approval by the
Augusta.
ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings concerning the subject matter of this agreement that
are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements whether oral or written. Augusta is
not obligated to provide funding of any kind to J. Lovett Homes beyond the term of this Agreement.
Initial _____
ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to be
inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and
enforced as though it were included herein and if, through mistake or otherwise, any such provision is
not inserted or is not correctly inserted, then upon application of either party this Agreement shall
forthwith be amended to make such insertion.
13
ARTICLE XVI. COUNTERPARTS
This agreement is executed in two (2) counterparts – each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each party
hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA, GEORGIA
(Augusta)
Approved as to form:
_________________________ Date:______________
Augusta, GA Law Department
By: ___________________________________ Date: __________________
Hardie Davis
As its Mayor
By: ___________________________________ Date: _________________
Jarvis Sims
As its Interim Administrator
By: ___________________________________ Date:_________________
Hawthorne Welcher, Jr.
As its Director, HCD
SEAL
____________________________
Lena Bonner
As its Clerk
ATTEST: J. Lovett Homes and Construction LLC.
(Grantee)
SEAL:
By: ________________________
Its:_________________________
_______________________
(Plain witness)
14
APPENDIX A
Statutes: (Available on Request)
24 CFR Part 92, HOME Investment Partnerships Program (“HOME”)
OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122 - Cost Principles for Non-Profit Organizations
OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions
40 USC 276 Davis-Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint
Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being
sold, Final Rule
Augusta-Richmond County Procurement Policy
Conflict of Interest Affidavit
Forms:
Reimbursement Form
15
APPENDIX B
REPORTING REQUIREMENTS
J.Lovett Homes shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly/Quarterly Progress & Financial Reports
Due the 15th of the new quarter.
3. Annual Progress Report (January 16, 2020)
4. Audit/Financial Report
5. Grantee shall maintain files on each person assisted. Each file shall contain, but is not
restricted to, income data and verification for each person assisted; application for
services; record of services provided; amount of services provided; documentation of
costs for which assistance is provided; transportation log; documentation of medical
need regarding prescriptions; and any other document that will provide proof of needed
service(s) and subsequent provision of such service(s) as allowed under this contract.
16
APPENDIX C
CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy,
Massachusetts.
E. Model Energy Code, 1997, Council of American Building Officials.
F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American
with Disabilities Act of 1990”.
G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972.
J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f').
2. Bidding:
A. Only contractors included on the Augusta-Richmond County Housing & Community
Development Department Approved Contractor List may bid on construction projects funded
with CDBG funds
B. All bids will be awarded to the lowest bidder submitting an accurate and qualified bid.
C. All bidding documents and procedures will be made available for HCD review upon request
2. Eligible Contractors: Any contractor desiring to bid on HOME or CDBG projects may apply for
inclusion on the AHCD Approved Contractor List. Applications will be processed and either
approved or disapproved within 10 working days. Under no circumstances will barred, disapproved,
or otherwise ineligible contractors be allowed to bid on CDBG funded projects.
3. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or
other means of outlining work on a particular project will be submitted in writing to AHCD for
17
review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will
review these items for compliance with new construction and/or rehabilitation standards and
materials use.
4. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition
Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-
Richmond County Housing & Community Development Department Contractors Manual and
Performance Standards. A copy of this manual is provided to every contractor when included on the
AHCD Approved Contractors List. A copy is enclosed for inclusion.
5. Inspections. All projects will be inspected and approved by an AHCD Construction and
Rehabilitation Inspector prior to release of the funds for that project.
Administrative Services Committee Meeting
7/30/2019 1:15 PM
HCD_ J Lovett Homes: McQueen Court Affordable Housing Development Request
Department:HCD
Presenter:Hawthorne Welcher Jr. and/or HCD Staff
Caption:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide two (2) HOME
funding agreements to J. Lovett Homes and Construction, LLC
to develop two (2) family units for low to moderate income
families on McQueen Court (Twiggs Street Corridor).
Background:Housing and Community Development and J. Lovett Homes and
Construction, LLC is working together to promote affordable
housing through partnership where J. Lovett Homes is currently
working with local non-profits in constructing single family
housing in Augusta. J. Lovett Homes is requesting that HCD
assist in furthering affordable housing through continual
partnership of providing HOME funds for the construction of
two (2) additional units. HCD will provide 100% of funding and
all sales proceeds will return to HCD to be utilized to construct
other units. J. Lovett is requesting: 108 McQueen Court ,
Augusta, GA 30901: Total Construction Cost:
$135,861.10. Total Request $135861.10 116 McQueen
Court, Augusta, GA 30901: Total Construction Cost:
$135,861.10 Total Request: $135,861.10 The funding
request is to assist with the cost associated with the construction
of single family units.
Analysis:The approval of funding will allow J. Lovett Homes to construct
two (2) single-family units to be sold to eligible low income
homebuyer.
Financial Impact:HCD will utilize Home Investment Partnership (HOME)
funding received through its annual allocation from Housing and
Urban Development in the amount of $ $271,722.20 to assist in
construction cost of two (2) single family units.
Alternatives:
Do not approve the funding to J. Lovett Homes and Construction
LLC.
Recommendation:Motion to approve Housing and Community Development
Department’s (HCD's) to provide two (2) HOME funding
agreements to J. Lovett Homes to develop single family units for
low to moderate income families.
Funds are
Available in the
Following
Accounts:
Housing and Urban Development (HUD) Funds: Home
Investment Partnership Program (HOME) funds. Org key:
221073212
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Administrative Services Committee Meeting Commission Chamber - 7 1912019
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; Sias, Chairman; Clarke, Vice
Chairman; Davis and B. Williams, members.
ADMINISTRATIVE SERVICES
1. Approve the purchase of one Airport Marshal's vehicle in the amount of ltem
$38,519.00. The Augusta Aviation Commission approved this request on Action:
IMay 2,2019.. Approved
Motions
Motion Motion Text'r'ype
Motion to
Approve approve.
Motion Passes 4-0.
Made By Seconded By
Commissioner Commissioner
Mary Davis John Clarke Passes
Motion
Result
Motion
Result
2. Request the replacement of one Ford F250 Utility Body truck for Recreation ltem
Trees and Landscape Division for $34,400 using capital outlay. Action:
Approved
Motions
ffit:" Motion Text Made By Seconded By
Motion to
Approve approve.
Motion Passes 4-0.
Commissioner Commissioner
Mary Davis John clarke Passes
3. The Tax Commissioner's Office requests the purchase of one silver XLT
4WD Ford Explorer via bid #19-215 in the amount of $34,712.00 - Allan
Vigil Ford.
Item
Action:
Approved
4. Request to replace one Ford F250 Utility Body truck for Utilities Facilities ltem
Maintenance Division at a cost of $38,760 using the GMA lease program. Action:
Approved
Motions
Motion Motion Text'I'ype
Motion to
Approve approve.
Motion Passes 4-0.
Motions
Motion- ------ Motion Text'l'ype
Motion to
Approve approve.
Motion Passes 4-0.
Seconded By Motion
Result
Commissioner Commissioner
Mary Davis John Clarke Passes
Made By
Made By
Made By
Made By
Seconded By Motion
Result
Commissioner Commissioner
Mary Davis John Clarke Passes
Augusta University small and minority business opportunities. (Requested Item
by Commissioner Marion Williams) Action:
Rescheduled
Motions
ryJ:"" Motion rext Motionseconded BY Resurt
Motion to refer this
item to the next commissioner commissioner
committee meeting. Mary Davis Bobby Passes
Motion Passes 4-0. williams
Award the contract to construct the Augusta 911 Center Addition and Item
Renovations to Contract Management, Inc. (CMI) of Augusta in the amount of Action:
$866,528.00. Bid Item 19-181 Approved
Motions
Motion- ----- Motion TextIype
Motion to
Approve approve.
Motion Passes 4-0.
seconded By Motion
Result
Commissioner Commissioner
Bobby williams Mary Davis Passes
7. Motion to approve the By-laws revision request of the HCD Citizen Advisory
Committee (CAC).
Item
Action:
Approved
MotionSeconded Bv :----------- -'I Result
Motion to delete this
Delete item from the agenda commissioner commissioner
Motion passes 4_0. Bobby williams John clarke Passes
8. Motion to approve Housing and Community Development Department's Item
(HCD's) request to provide funding to Sand Hills Urban Development for the Action:
development of three (3) single family affordable housing units for low to Approved
moderate income families.
Motions
il,"J:" Motion rext Made By
9. Motion to approve the minutes of the Administrative Services Committee held Item
on June 11,2019. Action:
Approved
Motions
f#:" Motion Text Made By seconded By
Motion to
Approve approve.
Motion Passes 4-0.
10. Receive update from Law Department and Clerk of Commission regarding Item
status of MIINICODE implementation for City of Augusta as approved by Action:
the Commission on October 3,2017. @equested by Mayor Hardie Davis, Approved
Jr. - referred from June 11 Administrative services committee)
Motions
Motions
Motion- ----- Motion Text'I vDe
Motion to
Approve approve.
Motion Passes
Commissioner Commissio
4-0. Mury Davis John clarolt' Passes
Made By
Commissioner Commissioner
Mary Davis John clark. Passes
Motion
Result
Motion
Result
Motion
Result
Motion Text Made By Seconded By
Approve Motion to approve Commissioner Commissioner Passes
receiving this item as Bobby Williams Mary Davis
information.
Motion Passes 4-0.
11. Update from staff regarding the Depot Project. (Commissioner Ben Hasan) Item
Action:
Approved
Motions
Motion
Type
Delete
Motion Text
Motion to delete this
item from the agenda.
Motion Passes 4-0.
Commissionerr"h;'61;;il'- Passes
seconded By #,Xil
Made By
Commissioner
Mary Davis
Seconded By Motion
Result
12. Discuss with Central Services types of air fresheners and scents placed in ltem
government buildings. @equested by Commissioner John Clarke) Action:
Approved
Motions
f#:"" Motion rext Made By
Motion to approve
tasking the
Administrator with
contacting the Wellness
Center to gather
A ---^_.^ information regarding CommissionerApprove the use of air fresheners John Clarke
in government buildings
and their affect on the
public and report back to
the committee.
Motion Passes 4-0.
www.augustaqa.qov
CommissionerBobby Passes
Williams
Administrative Services Committee Meeting
7/30/2019 1:15 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Administrative Services
Committee held on July 9, 2019.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Administrative Services Committee Meeting
7/30/2019 1:15 PM
Naming of the Lake Olmstead Amphitheater
Department:
Presenter:Commissioner Bill Fennoy
Caption:Discuss/approve the naming of the Lake Olmstead Amphitheater
in honor of former Commissioners Andrew Jefferson and
H. Grady Smith, III. (Requested by Commissioner Bill
Fennoy)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Human Resources Department
Kenneth D. Perry Suite 400A – Municipal Building
Compensation & Benefits Manager 535 Telfair Street - AUGUSTA,GA 30901
(706) 821-230-3723 - FAX (706) 821-2867
www.augustaga.gov
TO: Lena Bonner, Clerk of Commission
FROM: Kenneth Perry, Compensation & Benefits Manager
CC: Tony McDonald, Deputy Administrator/Interim Human Resources Director
SUBJECT: Building Fragrances Research – Commission Request
DATE: July 23, 2019
This correspondence is in response to the request by the Augusta Commission to contact the Healthstat
personnel regarding fragrances in the workplace. The Human Resources department contacted
Brandon King (Senior Account Manager) of Healthstat and he was advised by his Clinical Operations
team that researching or providing recommendations related to fragrances in the workplace is not
something they could advise on.
In order to provide an alternative to the Commission’s request, I sent an email to other partnering
municipalities in the state of Georgia and many responded that they do not have a policy for a
fragrances in the workplace. In addition, I also spoke with Ms. Douse, who is the director of Central
Services to see if she had an internal policy for fragrances in the workplace and she advised that she
did not. She indicated that the neutral scented air fresheners that her staff use in the restrooms are
geared toward neutralizing odors related to waste. She suggested that I contact the Health department
and a few of the hospitals. I did both and all said they do not have a specific policy in the place.
Let me know if you have any questions.
Administrative Services Committee Meeting
7/30/2019 1:15 PM
Use of air fresheners in government buildings
Department:
Presenter:Administration
Caption:Report from Administration regarding the use of air fresheners
in government buildings.
Background:On July 9 Administrative Services Committee tasked the
Administrator with contacting the Wellness Center to gather
information regarding the use of air fresheners in government
buildings and their affect on the public and report back to the
committee.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY: