HomeMy WebLinkAbout2022-11-29-Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 11/29/2022
ATTENDANCE:
Present: Hons. Hasan, Chairman; Scott, Vice Chairman; Frantom and B. Williams, members.
Absent: Hon. Hardie Davis, Jr., Mayor.
ADMINISTRATIVE SERVICES
1. Motion to approve the purchase of 30 Dodge Police Charger, bid #22-289 at a total cost of $1,268,357
from Thomson Motor Center for the Richmond County Sheriff’s Office and Marshal’s Office.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
2. Motion to approve Housing and Community Development Department’s (HCD's) request to provide
funding to develop new construction of one (1) single family unit, identified as 1465 Brown Street, within
Laney Walker/Bethlehem.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
3. Motion to approve Housing and Community Development Department’s (HCD's) request to provide
funding to develop new construction of one (1) single family unit, identified as 1409 Maple Street, within
Laney Walker/Bethlehem.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
4. Motion to approve execution of the Professional Services Agreement with the SimTech Solutions for use
of the “Counting Us” mobile application for the January 2023 Point in Time Count (PIT Count). This
service is necessary to meet Augusta’s obligations to Augusta’s Continuum of Care (CoC) / Emergency
Solutions Grant (ESG) requirements set forth by the U.S. Department of Housing and Urban
Development (HUD).
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
5. Motion to approve Housing and Community Development Department’s (HCD's) request to provide
funding for architectural drawings for the new construction of one (1) single-family home identified as
1327 Eleventh Street, within Laney Walker/Bethlehem.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve with the deletion of
item #7 on page two.
Motion Passes 4-0.
Commisioner Sean
Frantom
Commissioner Ben
Hasan Passes
6. Motion to approve the minutes of the Administrative Services Committee held on November 8, 2022.Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
7. Motion to approve Amendment 3 from W.K. Dickson in the amount of $33,000.00 for lighting design of
Jamestown Park and approve the reallocation of $205,000.00 from Fleming Tennis Center SPLOST 6
account to SPLOST 6 Jamestown Park account. Reference ITB 17-276 / PO # 18REC415
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
8. Motion to approve the following annual bid item due to annual purchases for this bid is estimated to
exceed $25,000.00. Annual Bid Item for Engineering and Environmental Services:
23-020 Concrete
23-037 Street Light Poles & Fixtures
23-048A Weed & Vegetation Control
23-049 Street Light Ballast Kits & Bulbs
23-053 Welding & Fabrication
23-099 Thermoplastic Traffic Marking
23-105 Roll-Off Recycling & Storage Containers
23-116 Various Pipe, Coupling & End Sections
23-117A Ferguson Waterworks Engineering Department The recommendation of award is for one (1)
year with the option to extend for one (1) additional year upon mutual consent of both parties.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By
Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
9. Consider a request from Mr. Milledge Murray on behalf of the Heritage Committee of the Arts and
Heritage Center of North Augusta.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Delete Motion to delete this item
from the agenda.
Commissioner Bobby
Williams
Commisioner Sean
Frantom
It was the consensus of the committee that this item be deleted without objection.
10. Motion to approve a one-year lease with Murray Real Estate, Inc. for property at 324 Walton Way
utilized for Misdemeanor Probation Services.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
11. Motion to approve the second one-year renewal of the Misdemeanor Probation Services contract and
associated facility lease with CSRA Probation Services, Inc.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
12. A motion to approve the Human Resources Department to enter into a third-party agreement for the
Affordable Cares Act (ACA) Compliance requirements.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes
13. Request to purchase two Ford Explorers, at a total cost of $73,310 from Wade Ford, one for 911 and one
for Housing and Community Development.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Commisioner Sean Frantom Commissioner Ben Hasan Passes
Motion to approve.
Motion Passes 4-0.
14. Approve the Information Technology Department’s Reorganization to include Reduction in Force (RIF)
if necessary.
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 Francine
Scott Passes
15. Receive as information a report from the Interim Administrator and General Counsel of their findings
after meeting with the RCSO. (Requested by the Interim Administrator)
Item
Action:
Rescheduled
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Defer
Motion to refer this item to the
Administrator to make inquiries about this
matter to other cities in Georgia.
Motion Passes 4-0.
Commissioner
Bobby Williams
Commissioner
Ben Hasan Passes
www.augustaga.gov
Administrative Services Committee Meeting
11/29/2022 1:20 PM
Attendance 11/29/22
Department:
Presenter:
Caption:
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
ASSET #YEAR/MAKE/MODEL VIN #DIVISION MILEAGE
F02321 2003 Ford Crown Victoria 2FAHP71W83X168667 CID 143,714
211160 2012 Chevrolet Impala 2G1WD5E30C1171668 CID 143,539
208105 2008 Chevrolet Impala 2G1WS553981332290 CID 138,698
212013 2012 Chevrolet Impala 2G1WD5E32C1267396 CID 138,568
210066 2010 Chevrolet Impala 2G1WD5EM5A1249366 CID 131,016
210065 2010 Chevrolet Impala 2G1WD5EM5A1246659 CID 129,144
210301 2011 Ford Crown Victoria 2FABP7BV4BX121954 ROAD PATROL/TRAFFIC 198,643
214113 2014 Dodge Charger 2C3CDXAT9EH348146 ROAD PATROL/TRAFFIC 195,623
207015 2007 Ford Crown Victoria 2FAFP71W87X160257 ROAD PATROL/TRAFFIC 194,486
213066 2013 Dodge Charger 2C3CDXAT7DH694758 ROAD PATROL/TRAFFIC 193,443
214093 2014 Dodge Charger 2C3CDXAT8EH348123 ROAD PATROL/TRAFFIC 192,340
212035 2013 Ford Taurus 1FAHP2M8XDG119204 ROAD PATROL/TRAFFIC 191,819
210313 2011 Ford Crown Victoria 2FABP7BV9BX120587 ROAD PATROL/TRAFFIC 191,663
212051 2013 Ford Taurus 1FAHP2M84DG124575 ROAD PATROL/TRAFFIC 190,924
215078 2015 Dodge Charger 2C3CDXATXFH902084 ROAD PATROL/TRAFFIC 189,031
210280 2011 Ford Crown Victoria 2FABP7BV7BX121933 ROAD PATROL/TRAFFIC 188,825
213072 2013 Dodge Charger 2C3CDXAT0DH696321 ROAD PATROL/TRAFFIC 181,425
209051 2009 Ford Crown Victoria 2FAHP71V99X135855 ROAD PATROL/TRAFFIC 179,264
210310 2011 Ford Crown Victoria 2FABP7BV3BX120584 ROAD PATROL/TRAFFIC 179,084
210081 2010 Ford Crown Victoria 2FABP7BV7AX138732 ROAD PATROL/TRAFFIC 177,956
213071 2013 Dodge Charger 2C3CDXAT9DH696320 ROAD PATROL/TRAFFIC 176,182
210281 2011 Ford Crown Victoria 2FABP7BV9BX121934 ROAD PATROL/TRAFFIC 176,100
210312 2011 Ford Crown Victoria 2FABP7BV7BX120586 ROAD PATROL/TRAFFIC 175,437
210102 2010 Ford Crown Victoria 2FABP7BV2AX138752 ROAD PATROL/TRAFFIC 174,222
209059 2009 Ford Crown Victoria 2FAHP71V49X135214 ROAD PATROL/TRAFFIC 169,869
209060 2009 Ford Crown Victoria 2FAHP71V69X135215 ROAD PATROL/TRAFFIC 168,989
209066 2009 Ford Crown Victoria 2FAHP71V49X135861 ROAD PATROL/TRAFFIC 167,309
215083 2015 Dodge Charger 2C3CDXATXFH914767 ROAD PATROL/TRAFFIC 164,646
212225 2012 Dodge Charger 2C3CDXATXCH316206 ROAD PATROL/TRAFFIC 163,248
213057 2013 Dodge Charger 2C3CDXAT6DH694749 ROAD PATROL/TRAFFIC 162,968
212034 2013 Ford Taurus 1FAHP2M88DG119203 ROAD PATROL/TRAFFIC 162,776
210283 2011 Ford Crown Victoria 2FABP7BV2BX121936 ROAD PATROL/TRAFFIC 162,223
208064 2009 Ford Crown Victoria 2FAHP71VX9X101374 ROAD PATROL/TRAFFIC 162,201
212059 2013 Ford Taurus 1FAHP2M83DG124583 ROAD PATROL/TRAFFIC 162,200
212049 2013 Ford Taurus 1FAHP2M82DG123411 ROAD PATROL/TRAFFIC 161,440
212057 2013 Ford Taurus 1FAHP2M8XDG124581 ROAD PATROL/TRAFFIC 159,540
213070 2013 Dodge Charger 2C3CDXAT2DH696319 ROAD PATROL/TRAFFIC 158,051
214116 2014 Dodge Charger 2C3CDXAT4EH348149 ROAD PATROL/TRAFFIC 157,615
213085 2013 Dodge Charger 2C3CDXATXDH706949 ROAD PATROL/TRAFFIC 157,548
207045 2007 Ford Crown Victoria 2FAFP71W37X158903 ROAD PATROL/TRAFFIC 156,844
212061 2013 Ford Taurus 1FAHP2M87DG124585 ROAD PATROL/TRAFFIC 156,584
215076 2015 Dodge Charger 2C3CDXAT4FH902081 ROAD PATROL/TRAFFIC 155,881
213053 2013 Chevrolet Impala 2G1WD5E36D1258329 ROAD PATROL/TRAFFIC 155,819
216138 2016 Dodge Charger 2C3CDXAT8GH347489 ROAD PATROL/TRAFFIC 154,832
213082 2013 Dodge Charger 2C3CDXAT8DH706951 ROAD PATROL/TRAFFIC 154,466
212048 2013 Ford Taurus 1FAHP2M80DG123410 ROAD PATROL/TRAFFIC 153,590
205096 2006 Ford Crown Victoria 2FAFP71W16X104434 ROAD PATROL/TRAFFIC 153,090
210309 2011 Ford Crown Victoria 2FABP7BV1BX120583 ROAD PATROL/TRAFFIC 152,294
214114 2014 Dodge Charger 2C3CDXAT0EH348147 ROAD PATROL/TRAFFIC 151,385
212044 2013 Ford Taurus 1FAHP2M89DG123406 ROAD PATROL/TRAFFIC 151,017
206041 2006 Ford Crown Victoria 2FAFP71W46X148850 ROAD PATROL/TRAFFIC 149,665
209052 2009 Ford Crown Victoria 2FAHP71V09X135856 ROAD PATROL/TRAFFIC 148,986
215081 2015 Dodge Charger 2C3CDXAT3FH906879 ROAD PATROL/TRAFFIC 148,947
212072 2013 Ford Taurus 1FAHP2M87DG119287 ROAD PATROL/TRAFFIC 147,930
214119 2014 Dodge Charger 2C3CDXAT4EH348152 ROAD PATROL/TRAFFIC 147,094
212046 2013 Ford Taurus 1FAHP2M82DG123408 ROAD PATROL/TRAFFIC 145,574
208071 2009 Ford Crown Victoria 2FAHP71V79X101381 ROAD PATROL/TRAFFIC 145,436
214105 2014 Dodge Charger 2C3CDXAT1EH348156 ROAD PATROL/TRAFFIC 144,458
212036 2013 Ford Taurus 1FAHP2M81DG119205 ROAD PATROL/TRAFFIC 144,124
212055 2013 Ford Taurus 1FAHP2M81DG124579 ROAD PATROL/TRAFFIC 143,272
209057 2009 Ford Crown Victoria 2FAHP71V09X135212 ROAD PATROL/TRAFFIC 141,845
214088 2014 Dodge Charger 2C3CDXAT0EH343790 ROAD PATROL/TRAFFIC 140,707
214091 2014 Dodge Charger 2C3CDXAT2EH343791 ROAD PATROL/TRAFFIC 137,128
213084 2013 Dodge Charger 2C3CDXAT8DH706948 ROAD PATROL/TRAFFIC 136,687
215085 2015 Dodge Charger 2C3CDXAT6FH902079 ROAD PATROL/TRAFFIC 136,348
213080 2013 Dodge Charger 2C3CDXAT3DH706954 ROAD PATROL/TRAFFIC 136,315
214104 2014 Dodge Charger 2C3CDXAT8EH348137 ROAD PATROL/TRAFFIC 136,185
213064 2013 Dodge Charger 2C3CDXAT3DH694756 ROAD PATROL/TRAFFIC 135,492
217118 2017 Dodge Charger 2C3CDXAT1HH625327 ROAD PATROL/TRAFFIC 134,279
216142 2016 Dodge Charger 2C3CDXATXGH347493 ROAD PATROL/TRAFFIC 133,671
212073 2013 Ford Taurus 1FAHP2M89DG119288 ROAD PATROL/TRAFFIC 131,850
215074 2015 Dodge Charger 2C3CDXAT2FH902077 ROAD PATROL/TRAFFIC 130,948
209079 2009 Ford Crown Victoria 2FAHP71V69X136512 ROAD PATROL/TRAFFIC 129,994
215086 2015 Dodge Charger 2C3CDXAT1FH914768 ROAD PATROL/TRAFFIC 129,926
213075 2013 Dodge Charger 2C3CDXAT6DH696324 ROAD PATROL/TRAFFIC 129,382
214099 2014 Dodge Charger 2C3CDXATXEH348155 ROAD PATROL/TRAFFIC 129,142
215077 2015 Dodge Charger 2C3CDXAT8FH902083 ROAD PATROL/TRAFFIC 126,058
214117 2014 Dodge Charger 2C3CDXAT0EH348150 ROAD PATROL/TRAFFIC 125,992
213083 2013 Dodge Charger 2C3CDXAT6DH706950 ROAD PATROL/TRAFFIC 125,913
206040 2006 Ford Crown Victoria 2FAFP71W66X148851 TRAINING RANGE 205,008
214089 2014 Dodge Charger 2C3CDXAT4EH343792 TRAINING RANGE 193,344
210094 2010 Ford Crown Victoria 2FABP7BV5AX138745 TRAINING RANGE 191,230
206082 2007 Ford Crown Victoria 2FAFP71W57X127457 TRAINING RANGE 190,813
210284 2011 Ford Crown Victoria 2FABP7BV4BX121937 TRAINING RANGE 187,999
204183 2005 Ford Crown Victoria 2FAFP71W85X108866 TRAINING RANGE 184,823
210078 2010 Ford Crown Victoria 2FABP7BV7AX138729 TRAINING RANGE 183,075
208067 2009 Ford Crown Victoria 2FAHP71V59X101377 TRAINING RANGE 181,566
210092 2010 Ford Crown Victoria 2FABP7BV1AX138743 TRAINING RANGE 180,108
205106 2006 Ford Crown Victoria 2FAFP71W06X104425 TRAINING RANGE 176,726
208066 2009 Ford Crown Victoria 2FAHP71V39X101376 TRAINING RANGE 175,587
208054 2009 Ford Crown Victoria 2FAHP71V09X100427 TRAINING RANGE 173,837
210306 2011 Ford Crown Victoria 2FABP7BV3BX121959 TRAINING RANGE 170,840
205105 2006 Ford Crown Victoria 2FAFP71W56X104422 TRAINING RANGE 168,815
208078 2009 Ford Crown Victoria 2FAHP71VX9X101388 TRAINING RANGE 168,519
210086 2010 Ford Crown Victoria 2FABP7BV6AX138737 TRAINING RANGE 167,530
209061 2009 Ford Crown Victoria 2FAHP71V89X135216 TRAINING RANGE 166,426
210305 2011 Ford Crown Victoria 2FABP7BV1BX121958 TRAINING RANGE 164,153
210083 2010 Ford Crown Victoria 2FABP7BV0AX138734 TRAINING RANGE 160,091
208079 2008 Ford Crown Victoria 2FAFP71VX8X168806 TRAINING RANGE 159,682
f02312 2003 Ford Crown Victoria 2FAHP71W33X173520 TRAINING RANGE 158,651
204204 2005 Ford Crown Victoria 2FAFP71W75X108891 TRAINING RANGE 158,361
210084 2010 Ford Crown Victoria 2FABP7BV2AX138735 TRAINING RANGE 158,070
210042 2010 Chevrolet Impala 2G1WD5EM6A1233421 TRAINING RANGE 152,569
214120 2014 Dodge Charger 2C3CDXAT6EH348153 TRAINING RANGE 152,157
207036 2007 Ford Crown Victoria 2FAFP71W37X160280 TRAINING RANGE 143,757
206206 2007 Chevrolet Impala 2G1WS55R779244343 TRAINING RANGE 139,195
210067 2010 Chevrolet Impala 2G1WD5EM2A1246988 ADMINISTRATION 136,944
207046 2007 Ford Crown Victoria 2FAFP71W57X158904 CIVIL AND FUGITIVE 264,104
205080 2005 Ford Crown Victoria 2FAFP71W85X177525 CIVIL AND FUGITIVE 248,855
207047 2007 Ford Crown Victoria 2FAFP71W77X158905 CIVIL AND FUGITIVE 235,858
209056 2009 Ford Crown Victoria 2FAHP71V99X135211 CIVIL AND FUGITIVE 232,021
210275 2011 Ford Crown Victoria 2FABP7BV2BX120589 CIVIL AND FUGITIVE 223,309
210274 2011 Ford Crown Victoria 2FABP7BV0BX120588 CIVIL AND FUGITIVE 208,890
212068 2013 Ford Interceptor 1FAHP2L80DG124574 CIVIL AND FUGITIVE 205,507
208070 2009 Ford Crown Victoria 2FAHP71V59X101380 CIVIL AND FUGITIVE 204,749
210097 2010 Ford Crown Victoria 2FABP7BV0AX138748 CIVIL AND FUGITIVE 204,689
208072 2009 Ford Crown Victoria 2FAHP71V99X101382 CIVIL AND FUGITIVE 202,524
210304 2011 Ford Crown Victoria 2FABP7BVXBX121957 CIVIL AND FUGITIVE 186,186
210099 2010 Ford Crown Victoria 2FABP7BV8AX138724 CIVIL AND FUGITIVE 180,893
210291 2011 Ford Crown Victoria 2FABP7BV1BX121944 CIVIL AND FUGITIVE 177,475
211209 2011 Ford Crown Victoria 2FABP7BV5BX172573 CIVIL AND FUGITIVE 169,827
F02325 2003 Ford Crown Victoria 2FAHP71WX3X173515 CIVIL AND FUGITIVE 167,602
204147 2005 Ford Crown Victoria 2FAFP71W55X108890 CIVIL AND FUGITIVE 163,659
210077 2010 Ford Crown Victoria 2FABP7BV5AX138728 CIVIL AND FUGITIVE 159,877
210074 2010 Ford Crown Victoria 2FABP7BVXAX138725 CIVIL AND FUGITIVE 159,673
208100 2008 Chevrolet Impala 2G1WS553781328352 CIVIL AND FUGITIVE 151,233
203062 2003 Ford Crown Victoria 2FAFP71W43X220576 CIVIL AND FUGITIVE 143,660
210308 2011 Ford Crown Victoria 2FABP7BV2BX122388 CIVIL AND FUGITIVE 143,240
212204 2013 Ford Taurus 1FAHP2M81DG113470 CIVIL AND FUGITIVE 141,199
Invitation to Bid
Sealed bids will be received at this office until Thursday, September 29, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 862 0863 3243;
Passcode: 336929 for furnishing:
Bid Item #22-289 Dodge Police Charger for Augusta, GA – Central Services Department – Fleet Management
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 be
obtained at the offices of Augusta, GA Procurement Department, 535 Telfair Street – Suite 605, Augusta, GA 30901 (706-821-2422).
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office
of the Procurement Department by Tuesday, September 27, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be
received by mail or hand delivered.
No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the
successful bidder.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed,
the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department
are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to
waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of
the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the
envelope.
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.
GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public
contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify,
regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to
hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for
proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered.
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 or email, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle September 15, 22, 26, 2022
Metro Courier September 15, 2022
OFFICIAL
Bid Opening Item #22-289
2021 Dodge Charger Automobile Police Model
for Augusta, Georgia- Central Services Department-
Fleet Maintenance Division
Bid Due: Thursday, September 29, 2022 @ 11:00 a.m.
VENDORS
Thomson Motor Center
2158 Washington Road NE
P.O. Box 847
Thomson, GA 30824
Attachment B Yes
E-Verify Number 369935
SAVE Form Yes
BIDDER OFFER
Year:2023
Make:Dodge
Model:Charger
5.01
Administrative Package - Police Model
Charger
Option 1
$36,833.00
5.01
Administrative Package - Police Model
Charger
Option 2
NB
5.01
Administrative Package - Police Model
Charger
Option 3
NB
5.02
Civil Package - Police Model Charger
Option 1
$37,873.00
5.02
Civil Package - Police Model Police Model
Charger
Option 2
NB
5.02
Civil Package - Police Model Police Model
Charger
Option 3
NB
Total Number Specifications Mailed Out: 12
Total Number Specifications Download (Demandstar): 2
Total Electronic Notifications (Demandstar): 14
Georgia Registry: 251
Total packages submitted: 1
Total Non-Compliant: 0
VEHICLE/OPTIONS REQUIRED
Page 1 of 4
OFFICIAL
Bid Opening Item #22-289
2021 Dodge Charger Automobile Police Model
for Augusta, Georgia- Central Services Department-
Fleet Maintenance Division
Bid Due: Thursday, September 29, 2022 @ 11:00 a.m.
VENDORS
Thomson Motor Center
2158 Washington Road NE
P.O. Box 847
Thomson, GA 30824
Total Number Specifications Mailed Out: 12
Total Number Specifications Download (Demandstar): 2
Total Electronic Notifications (Demandstar): 14
Georgia Registry: 251
Total packages submitted: 1
Total Non-Compliant: 0
5.03
Marshal Package - Police Model Charger
Option 1
$40,946.00
5.03
Marshal Package - Police Model Police
Model Charger
Option 2
NB
5.03
Marshal Package - Police Model Police
Model Charger
Option 3
NB
5.04
Patrol Package V8 - Police Model Charger
Option 1
$44,117.00
5.04
Patrol Package V8 - Police Model Police
Model Charger
Option 2
NB
5.04
Patrol Package V8 - Police Model Police
Model Charger
Option 3
NB
5.05
Traffic Package V8 - Police Model Charger
Option 1
$44,507.00
5.05
Traffic Package V8 - Police Model Police
Model Charger
Option 2
NB
5.05
Traffic Package V8 - Police Model Police
Model Charger
Option 3
NB
Page 2 of 4
OFFICIAL
Bid Opening Item #22-289
2021 Dodge Charger Automobile Police Model
for Augusta, Georgia- Central Services Department-
Fleet Maintenance Division
Bid Due: Thursday, September 29, 2022 @ 11:00 a.m.
VENDORS
Thomson Motor Center
2158 Washington Road NE
P.O. Box 847
Thomson, GA 30824
Total Number Specifications Mailed Out: 12
Total Number Specifications Download (Demandstar): 2
Total Electronic Notifications (Demandstar): 14
Georgia Registry: 251
Total packages submitted: 1
Total Non-Compliant: 0
5.06
Patrol Package V6 - Police Model Charger
Option 1
$43,565.00
5.06
Patrol Package V6 - Police Model Police
Model Charger
Option 2
NB
5.06
Patrol Package V6 - Police Model Police
Model Charger
Option 3
NB
5.07
Traffic Package V6 - Police Model Charger
Option 1
$43,955.00
5.07
Traffic Package V6 - Police Model Police
Model Charger
Option 2
NB
5.07
Traffic Package V6 - Police Model Police
Model Charger
Option 3
NB
5.08
Narcotics Package - Police Model Charger
Option 1
$38,948.00
5.08
Narcotics Package - Police Model Police
Model Charger
Option 2
NB
5.08
Narcotics - Police Model Police Model
Charger
Option 3
NB
6.00 OPTIONAL ITEMS
Page 3 of 4
OFFICIAL
Bid Opening Item #22-289
2021 Dodge Charger Automobile Police Model
for Augusta, Georgia- Central Services Department-
Fleet Maintenance Division
Bid Due: Thursday, September 29, 2022 @ 11:00 a.m.
VENDORS
Thomson Motor Center
2158 Washington Road NE
P.O. Box 847
Thomson, GA 30824
Total Number Specifications Mailed Out: 12
Total Number Specifications Download (Demandstar): 2
Total Electronic Notifications (Demandstar): 14
Georgia Registry: 251
Total packages submitted: 1
Total Non-Compliant: 0
6.01 Pit Bar
Option 1 $1,505.00
6.01 Pit Bar
Option 2 NB
6.01 Pit Bar
Option 3 NB
Delivery Schedule 4-6 months from order
Exceptions Please see exceptions noted by vendor.
Page 4 of 4
Administrative Services Committee Meeting
11/29/2022 1:20 PM
2022 - Public Safety Chargers ITB 22-289
Department:Central Services
Presenter:Ron Lampkin
Caption:Motion to approve the purchase of 30 Dodge Police Charger, bid #22-289
at a total cost of $1,268,357 from Thomson Motor Center for the
Richmond County Sheriff’s Office and Marshal’s Office.
Background:The Richmond County Sheriff’s Office is requesting to purchase 27 Dodge
Police Chargers for the following Divisions: · (20) Road Patrol
vehicles · (2) Traffic vehicles · (4) Administrative vehicles
· (1) Civil vehicles The Richmond County Marshal’s Office is
requesting to purchase three Dodge Police Chargers. · (3) Marshal
vehicles Fleet Management was informed that the Dodge Police Charger
would have a short order period due to discontinued model. To ensure the
purchase is secured by Augusta Richmond County, Procurement drafted a
“Letter of Intent to Purchase” at the request of Central Services - Fleet
Management Division. With the current marketing conditions, there is a
possibility Dodge manufacture can choose to not fulfil all orders due to
low supply and high demand; however, the letter of intent will prioritize
the cars and guarantee pricing for Augusta Richmond County. Once
Commission has approved the order, Fleet Management will acquire the
purchase order and submit to the vendor for securing the purchase. Fleet
Management has provided a list of qualified replacement vehicles
according to the Fleet Management Operations, Maintenance and
Replacement Policy stating any public safety vehicles over 125k are
eligible for replacement. Fleet Management recommends replacement of
totaled or mechanically disposed vehicles before the vehicles over 125k to
help avoid vehicle shortage within the various departments. Fleet has
identified 23 out of 30 totaled or mechanically disposed vehicles that have
been deemed needing replacement and the remaining seven replacements’
will be determined at the time of delivery depending upon various factors
to include newly totaled, mechanically disposed vehicles or vehicles with
mileage greater than 125k.
Analysis:The Procurement Department published a competitive bid using the
Demand Star application and Georgia Procurement Registry for 2023
Dodge Police Charger, bid #22-289. Thomson Motor Center was the only
response received. The recommended is to award the item to Thomson
Motor Center. Bid tab sheets are attached for review with the following
package options: • 1 – Civil Package at $37,873 • 2 – Traffic Package V8
at $44,507/each = $89,014 • 3 – Marshal Package at $40,946/each =
$122,838 • 4 – Administrative Package at $36,833/each = $147,332 • 20 –
Patrol Package V6 at $43,565/each = $871,300
Financial Impact:Funding in the amount of $1,268,357 is available in the following
accounts: • 330031310/222039002/54.22110 $868,253 (RCSO) •
330031310/222039004/54.22110 $38,552.00 (Marshal) •
330031310/222039007/54.22110 $339,460.00 (Replacement Vehicles) •
101-02-2611/1228118 $22,092.00 (Marshal Forfeiture Funds)
Alternatives:(1) Approve (2) Do not approve
Recommendation:Motion to approve the purchase of 30 Dodge Police Charger Police, bid
#22-289 at a total cost of $1,268,357 from Thomson Motor Center for the
Richmond County Sheriff’s Office and Marshal’s Office.
Funds are Available in
the Following
Accounts:
Funding in the amount of $1,268,357 is available in the following
accounts: • 330031310/222039002/54.22110 $868,253 (RCSO) •
330031310/222039004/54.22110 $38,552.00 (Marshal) •
330031310/222039007/54.22110 $339,460.00 (Replacement Vehicles) •
101-02-2611/1228118 $22,092.00 (Marshal Forfeiture Funds)
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 1
CONTRACT
between
AUGUSTA, GEORGIA
And
CAPITALRISE, LLC
in the amount of
$106,000 USD
One Hundred and Six Thousand and 00/100
for Fiscal Year 2022
Providing funding for
LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT
1465 Brown Street
THIS AGREEMENT (“Contract”), is made and entered into as of the ___ day of 2022
(“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia
(hereinafter referred to as “Augusta”), acting through the Housing and Community Development
Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta,
Georgia 30901, as party of the first part, and CAPITALRISE, LLC., a developer, organized pursuant
to the Laws of the State of Georgia, hereinafter called "CAPITALRISE, LLC” as party in the second
part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem
Bond Financing for the purpose of providing and retaining affordable and market rate housing for
eligible families; and
WHEREAS, CAPITALRISE, LLC, a procured developer and contractor with HCD wishes to
increase homeownership opportunities and preserve and increase the supply of workforce/market rate
housing for eligible families; and
WHEREAS, Augusta wishes to enter into a contractual Agreement with CAPITALRISE, LLC for the
administration of eligible affordable and market rate housing development activities utilizing Laney
Walker Bond Financing; and
WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR
92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24
Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and
WHEREAS, CAPITALRISE, LLC has been selected and approved through a solicitation process for
development partners to assist in the redevelopment of Laney Walker and Bethlehem communities;
and
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 2
WHEREAS, CAPITALRISE, LLC has agreed to provide services funded through this contract free
from political activities, religious influences, or requirements; and
WHEREAS, CAPITALRISE, LLC has requested, and Augusta has approved a total of $212,000 in
funding to perform eligible activities as described in Article I; below:
NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here
and now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description: CAPTITALRISE, LLC agrees to utilize approved Laney Walker/Bethlehem Bond
financing funds to support project related costs associated with the Laney Walker/Bethlehem
Redevelopment Project. CAPTITALRISE, LLC agrees to match Laney Walker/Bethlehem Bond funds
50% of total construction cost. Under this Agreement:
• CAPTITALRISE, LLC will perform new construction for one (1) single family detached
home identified as property number 1465 Brown Street.
• CAPTITALRISE, LLC will perform all required construction management and project
oversight; in accordance with all laws, ordinances, and regulations of Augusta.
• CAPTITALRISE, LLC will perform all functions required to ensure delivery of a final
product meeting all requirements as set forth by said Agreement to include:
• Materials list to include brand name and/or model number of materials as specified or
agreed to adjustments to specifications including but not limited to: appliances,
windows, HVAC, fixtures and First Quality lumber. CAPTITALRISE, LLC 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: Laney Walker/Bethlehem Bond funds shall be used by CAPITALRISE, LLC
for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement.
The use of funding for any other purpose(s) is not permitted. The following summarizes the
proposed uses of funds under this Agreement based on total material and labor cost of
$106,000
1. Profit
An amount not to exceed percent (50%) of the construction cost as outlined and approved in
Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid
to CAPITALRISE, LLC for costs identified as necessary operating time and expenses in
addition to the profit accrued in the development of one single family detached home
identified as 1465 Brown Street. The design and specifications of the property shall be
approved by HCD prior to construction (see Appendix). HCD will have the latitude to pay
O&P directly to the procured developer/contractor on a pay for performance basis or upon the
sale of the single family detached home identified as 1465 Brown Street.
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1465 Brown Street Contract Page 3
2. Developer’s Fee Disbursements
Developer’s Fee shall be dispensed when construction is 100% completed and certificate of
occupancy is received. Developer’s Fee is dispensed upon sale of the home at a rate of sixteen
percent (16%).
C. Program Location and Specific Goals to be Achieved
CAPITALRISE, LLC shall conduct project development activities and related services in its
project area Laney Walker/Bethlehem that incorporates the following boundaries: Fifteenth
Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way.
D. Project Eligibility Determination
It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by
CAPITALRISE, LLC will be in compliance with legislation supporting community
development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment
Authority which acts in behalf of the Augusta Commission to provide oversight of the
operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other
provisions of this contract, CAPITALRISE, LLC shall provide activities and services as
described in the description of the project, including use of funds, its goals and objectives,
tasks to be performed and a detailed schedule for completing the tasks for this project as
provided in Exhibit A of this contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
CAPITALRISE, LLC will carry out and oversee the implementation of the project as set forth
in this Agreement and agrees to perform the required services under the general coordination
of HCD. In addition, and upon approval by Augusta, CAPITALRISE, LLC may engage the
services of outside professional services consultants and contractors to help carry out the
program and projects.
A. Augusta shall designate and make funds available in the following manner:
1. Augusta agrees to pay CAPITALRISE, LLC, a maximum of $212,000 under this Agreement
for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to
CAPITALRISE, LLC’s compliance with all terms and conditions of this Agreement and the
procedures for documenting expenses and activities as set forth in said Agreement;
2. The method of payment for construction costs, including only materials and labor as outlined
and approved on the Work Write-Up, not to exceed the aforementioned contracted amount of
$212,000 and shall be on a pay for performance basis provided CAPITALRISE, LLC and
HCD determine the progress is satisfactory. CAPITALRISE, LLC shall utilize the AIA Form
provided by HCD (see Appendix). For invoicing, CAPITALRISE, LLC will include
documentation showing proof of completion of work in accordance with the amount
requested, inspected, and accepted by HCD, lien waivers for vendors and sub-contractors, as
specified in the Work Write-Up found in Exhibit B & E.
3. When nearing 50%, the developer, CAPITALRISE, LLC, should be prepared to pay 50%:
$106,000.
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 4
4. HCD will monitor the progress of the project and CAPITALRISE, LLC’s performance on a
weekly basis with regards to the production of housing units and the overall effectiveness of
project.
5. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to
Augusta and shall be due and payable on such date of the termination and shall be paid no
later than thirty (30) days thereafter. CAPITALRISE, LLC and HCD shall share in the cost
and proceeds of developing the residence at 1465 Brown Street as follows:
6. Funds may not be transferred from line item to line item in the project budget without the prior
written approval of Augusta Housing and Community Development.
7. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem
Revitalization Project. Should funds no longer be available, it is agreed to by both parties that
this contract shall terminate and any CAPITALRISE, LLC deemed satisfactorily progress
made within the contracted construction only amount not to exceed fifty percent (50%) shall
be paid to CAPITALRISE, LLC.
8. HCD will retain ten percent (5%) of an amount within the one hundred percent (100%) of
construction costs, including only materials and labor as outlined and approved on the Work
Write-Up, after the Certificate of Occupancy has been issued until CAPITALRISE, LLC and
HCD determine that all HCD punch-list items have been satisfied.
B. Project Financing
The Augusta Housing and Community Development will provide an amount not to exceed the
actual construction costs including only materials and labor as outlined and approved on the
Work Write-Up to be expended by CAPITALRISE, LLC for construction costs related to the
development of one single family detached home identified as 1465 Brown Street.
Additionally, HCD will provide 100% of all change orders (where applicable) as approved by
HCD and CAPITALRISE, LLC in writing.
All funding is being provided as payment for services rendered as per this Agreement.
C. Timetable for Completion of Project Activities
CAPITALRISE, LLC shall be permitted to commence with the expenditure of Laney Walker
Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a
construction contractor in accordance with its policies and procedures; and approval of a
detailed outline of project expenditures anticipated for the completion of the development
within 120 days of said home identified as 1465 Brown Street.
Liquidated Damages
CAPITALRISE, LLC agrees to pay as liquidated damages to HCD the sum of
two hundred dollars ($200.00) for each consecutive calendar day after the
expiration of the Contract Time of Completion Time, except for authorized
extensions of time by Augusta. This section is independent of any section
within this Agreement concerning the default of CAPITALRISE, LLC. The
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 5
parties agree that these provisions for liquidated damages are not intended to
operate as penalties for breach of Contract.
The liquidated damages set forth above are not intended to compensate
Augusta for any damages other than inconvenience and loss of use or delay in
services. The existence or recovery of such liquidated damages shall not
preclude Augusta from recovering other damages in addition to the payments
made hereunder which Augusta can document as being attributable to the
documented failure of CAPITALRISE, LLC. In addition to other costs that
may be recouped, Augusta may include costs of personnel and assets used to
coordinate, inspect, and re-inspect items within this Agreement as well as
attorney fees if applicable.
Specified excuses
CAPITALRISE, LLC is not responsible for delay in performance caused by
hurricanes, tornados, floods, and other severe and unexpected acts of nature.
In any such event, the contract price and schedule shall be equitably adjusted.
Temporary Suspension or Delay of Performance of Contract
To the extent that it does not alter the scope of this Agreement, Augusta may
unilaterally order a temporary stopping of the work or delaying of the work to
be performed by CAPITALRISE, LLC under this Agreement.
D. Project Budget: Limitations
All costs associated with construction, O&P, construction management, and real estate
expenses have been outlined in said Agreement as percentage-based costs related to the
development of one single family detached home identified as 1465 Brown Street as part of
the Laney Walker/Bethlehem Revitalization Project. HCD will have the latitude to pay such
costs directly to the procured construction contractor. CAPITALRISE, LLC shall be paid a
total consideration of no more than $106,000 for full performance of the services specified
under this Agreement. Any cost above this amount shall be the sole responsibility of HCD. It
is also understood by both parties to this contract that the funding provided under this contract
for this specific project shall be the only funds provided by Augusta unless otherwise agreed
to by Augusta and CAPITALRISE, LLC.
Augusta shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the
performance of this contract.
ARTICLE III. TERM OF CONTRACT
The term of this Agreement shall commence on the date when this Agreement is executed by Augusta
and CAPITALRISE, LLC (whichever date is later) and shall end at the completion of all program
activities, within the time specified in Article II.C, or in accordance with ARTICLE VII: Suspension
and Termination.
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 6
ARTICLE IV. DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall HCD provide advance funding to
CAPITALRISE, LLC, or any subcontractor hereunder.
B. CAPITALRISE, LLC shall not use these funds for any purpose other than the purpose set forth
in this Agreement.
C. Subject to CAPITALRISE, LLC’s compliance with the provisions of this Agreement, Augusta
agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines.
D. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations" as well as the procurement policy of Augusta.
E. Requests by CAPITALRISE, LLC for payment shall be accompanied by proper documentation
and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty
(30) calendar days after the last date covered by the request. For purposes of this section, proper
documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work
Write-Up, and AIA Form.
F. CAPITALRISE, LLC shall maintain an adequate financial system and internal fiscal controls.
G. Unexpended Funds: Unexpended funds shall be retained by Augusta upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by
CAPITALRISE, LLC.
H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act.
I. Upon the sale of the detached single-family home at 1465 Brown Street, HCD is to provide
CAPITALRISE, LLC with any outstanding payments on approved invoices and related costs
received within ten (10) business days.
ARTICLE V. ADMINISTRATIVE REQUIREMENTS
Conflict of Interest
CAPITALRISE, LLC agrees to comply with the conflict of interest provisions contained in 24
CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate.
This conflict of interest provision applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of CAPITALRISE, LLC. No person described
above who exercises, may exercise or has exercised any functions or responsibilities with
respect to the activities supported under this contract; or who are in a position to participate
in a decision-making process or gain inside information with regard to such activities, may
obtain any financial interest or benefit from the activities, or have a financial interest in any
contract, sub-contract, or agreement with respect to the contract activities, either for
themselves or those with whom they have business or family ties, during their tenure or for
one year thereafter. For the purpose of this provision, "family ties", as defined in the above
cited volume and provisions of the Code of Federal Regulations, include those related as
Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children,
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 7
Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual
holding any interest in the subject matter of this Agreement. CAPITALRISE, LLC in the
persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as
Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest
Affidavit. (Affidavit form attached as part in parcel to this Agreement)
Augusta may, from time to time, request changes to the scope of this Agreement and
obligations to be performed hereunder by CAPITALRISE, LLC. In such instances,
CAPITALRISE, LLC shall consult with HCD/Augusta on any changes that will result in
substantive changes to this Agreement. All such changes shall be made via written
amendments to this Agreement and shall be approved by the governing bodies of both
Augusta and CAPITALRISE, LLC.
Statutes, regulations, guidelines, and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement.
ARTICLE VI. OTHER REQUIREMENTS
A. CAPITALRISE, LLC agrees that it will conduct and administer activities in conformity with
Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair
Housing Act" and that it will affirmatively further fair housing. One suggested activity is to
use the fair housing symbol and language in CAPITALRISE, LLC publications and/or
advertisements. (24 CFR 570.601).
B. CAPITALRISE, LLC agrees that the ownership in the housing assisted units must meet the
definition of “homeownership” in §92.2.
C. CAPITALRISE, LLC agrees to comply with 24 CFR Part I, which provides that no person
shall be excluded from participation in this project on the grounds of race, color, national
origin, or sex; or be subject to discrimination under any program or activity funded in whole
or in part with federal funds made available pursuant to the Act.
D. No person employed in the work covered by this contract shall be discharged or in any
way discriminated against because he or she has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable hereunder to his or her
employer. (24 CFR 570.603)
E. CAPITALRISE, LLC agrees that in accordance with the National Environmental Policy Act
of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act
and regulations, and that no activities will be undertaken until notified by Augusta/HCD that
the activity is in compliance with the Act and regulations. Prior to beginning any project
development activity, an environmental review must be conducted by HCD pursuant to (24
CFR 570.604).
F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128),
CAPITALRISE, LLC agrees that funds shall not be expended for acquisition or construction
in an area identified by the Federal Emergency Management Agency (FEMA) as having
special flood hazards (representing the 100-year floodplain). Exceptions will be made if the
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1465 Brown Street Contract Page 8
community is participating in the National Flood Insurance Program or less than a year has
passed since FEMA notification and flood insurance has been obtained in accordance with
section 102(a) of the Flood Disaster Protection Act of 1973.
G. CAPITALRISE, LLC agrees to take all reasonable steps to minimize displacement of persons
as a result of assisted activities. Any such activities will be conducted in accordance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA)
and the Housing and Community Development Act of 1974 (24 CFR 570.606).
H. CAPITALRISE, LLC agrees to comply with Executive Order 11246 and 12086 and the
regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be
discriminated against on the basis of race, color, religion, sex, or national origin.
CAPITALRISE, LLC will in all solicitations or advertisements for employees placed state that
all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin, or familial status.
I. CAPITALRISE, LLC will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, or familial status. CAPITALRISE, LLC
will take appropriate action to ensure that applicants are employed, and that employees are
treated fairly during employment, without regard to their race, color, religion, sex, national
origin, or familial status. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or
termination, rates of pay or other forms of compensation; and selection for training, including
apprenticeship. CAPITALRISE, LLC agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by Augusta setting forth the
provisions of this nondiscrimination clause.
J. In accordance with Section 570.608 of the CDBG Regulations, CAPITALRISE, LLC agrees
to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against
the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and
24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the
elimination of lead-based paint hazards.
K. CAPITALRISE, LLC agrees to comply with 24 CFR 570.609 with regards to the direct or
indirect use of any contractor during any period of debarment, suspension, or placement in
ineligibility status. No contract will be executed until such time that the debarred, suspended,
or ineligible contractor has been approved and reinstated by HCD.
L. In accordance with 24 CFR part 24, subpart F, CAPITALRISE, LLC agrees to administer a
policy to provide a drug-free workplace that is free from illegal use, possession or distribution
of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988.
M. Any publicity generated by CAPITALRISE, LLC for the project funded pursuant to this
Agreement, during the term of this Agreement or for one year thereafter, will make reference
to the contribution of HCD in making the project possible. The words “Augusta, Georgia
Department of Housing and Community Development" will be explicitly stated in any and all
pieces of publicity; including but not limited to flyers, press releases, posters, brochures,
public service announcements, interviews, and newspaper articles.
N. CAPITALRISE, LLC shall comply with all applicable laws, ordinances and codes of the
federal, state, and local governments and shall commit no trespass on any public or private
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 9
property in performing any of the work embraced by this contract. CAPITALRISE, LLC
agrees to obtain all necessary permits for intended improvements or activities.
O. CAPITALRISE, LLC shall not assign any interest in this contract or transfer any interest in
the same without the prior written approval of Augusta.
P. CAPITALRISE, LLC agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by HCD, setting forth the provisions of this
nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in
the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D.
GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS
VOIDABLE BY THE AUGUSTA GOVERNMENT. CAPITALRISE, LLC agrees to
comply with any federally mandated requirements as to minority and women owned business
enterprises.
Q. All contractors and subcontractors entering into contracts with Augusta, Georgia for the
physical performance of services shall be required to execute an Affidavit verifying its
compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered with and is
participating in a federal work authorization program. All contractors and subcontractors must
provide their E-Verify number and must be in compliance with the electronic verification of
work authorized programs operated by the United States Department of Homeland Security or
any equivalent federal work authorization program operated by the United States Department
of Homeland Security to verify information of newly hired employees, pursuant to the
Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue
to use the federal authorization program throughout the contract term. All contractors shall
further agree that, should it employ or contract with any subcontractor in connection with the
physical performance of services pursuant to its contract with Augusta, Georgia, the contractor
will secure from such subcontractors each subcontractor’s E-Verify number as evidence of
verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in
Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to
maintain records of such compliance and provide a copy of each such verification to HCD at
the time the subcontractors are retained to perform such physical services.
R. CAPITALRISE, LLC agrees that low and moderate income persons reside within Augusta-
Richmond County and that contract for work in connection with the project be awarded to
eligible businesses which are located in or owned in substantial part by persons residing in
Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors
outside of the Augusta, Georgia- Richmond County area is not desirable.
S. CAPITALRISE, LLC agrees to comply with the prohibitions against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing
regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals
with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants
program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations.
T. CAPITALRISE, LLC will not discriminate against any employee or applicant for employment
on the basis of religion and will not give preference of persons on the basis of religion.
CAPITALRISE, LLC will not discriminate against any person applying for shelter on the
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1465 Brown Street Contract Page 10
basis of religion. CAPITALRISE, LLC will provide no religious instruction or counseling,
conduct no religious worship or services, engage in no religious proselytizing, and exert no
religious influence in the provision of shelter and other eligible activities funded by this grant.
U. Indirect costs will only be paid if CAPITALRISE, LLC has indirect cost allocation plan
approved by the Augusta Housing and Community Development prior to the execution of this
Contract.
V. HCD shall not approve any travel or travel related expenses to CAPITALRISE, LLC with
funds provided under this.
W. Construction Requirements
In the absence of local codes, properties must meet the HUD Section 8 Housing Quality
Standards [HQS]. All housing assisted under this Agreement is “new construction” by
definition and therefore must meet the local building codes for new housing in Augusta,
Georgia, as applicable.
CAPITALRISE, LLC is required by state and local laws, to dispose of all site debris, trash,
and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid
Waste Landfill in accordance with local and state regulations. The contractor shall provide
evidence of proper disposal of, the name and location of the disposal facility, date of disposal
and all related fees. Augusta, Georgia may, at reasonable times, inspect the part of the plant,
place of business, or work site of CAPITALRISE, LLC or any subcontractor of
CAPITALRISE, LLC or subunit thereof which is pertinent to the performance of any contract
awarded or to be awarded by Augusta Housing & Community Development Department
ARTICLE VII. SUSPENSION AND TERMINATION
A. In the event CAPITALRISE, LLC materially fails to comply with any terms of this
Agreement, including the timely completion of activities as described in the timetable and/or
contained in ARTICLE II.C, Augusta, Georgia may withhold cash payments until
CAPITALRISE, LLC cures any breach of the Agreement. If CAPITALRISE, LLC fails to
cure the breach, Augusta may suspend or terminate the current award of funds.
CAPITALRISE, LLC will not be eligible to receive any other funding.
B. Damages sustained as a result of any breach of this Agreement. In addition, to any other
remedies it may have at law or equity, HCD may withhold any payments to CAPITALRISE,
LLC for the purposes of offsetting the exact amount of damages once determined.
C. In the best interest of the project and to better serve the people in the target areas and fulfill the
purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate
this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating
its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay
CAPITALRISE, LLC for documented committed eligible costs incurred prior to the date of
notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, CAPITALRISE, LLC shall
not be relieved of any duties or obligations imposed on it under this Agreement with respect to
HCD funds previously disbursed or income derived therefrom.
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 11
E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally
order a temporary stopping of the work or delaying of the work to be performed by
CAPITALRISE, LLC under this contract.
ARTICLE VIII. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail, return receipt requested, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall remain such until it shall have been
changed by written notice.
Augusta will receive all notices at the address indicated below:
Office of the Administrator
ATTN: Takiyah Douse, Interim City Administrator
Municipal Building
535 Telfair Street, Suite 910
Augusta, Georgia 30901
With copies to:
Augusta Housing and Community Development Department
ATTN: Hawthorne Welcher, Jr., Director
510 Fenwick Street
Augusta, Georgia 30901
CAPITALRISE, LLC will receive all notices at the address indicated below:
CAPITALRISE, LLC
ATTN: Peter Tuchyna and Frank Klimes
2924 Aylesbury Drive
Augusta, GA 30909
ARTICLE IX. INDEMNIFICATION
CAPITALRISE, LLC will at all times hereafter indemnify and hold harmless Augusta, its officers,
agents, and employees, against any and all claims, losses, liabilities, or expenditures of any kind,
including court costs, attorney fees and expenses, accruing or resulting from any or all suits or
damages of any kind resulting from injuries or damages sustained by any person or persons,
corporation, or property, by virtue of the performance of this Agreement. By execution of this
Agreement, CAPITALRISE, LLC specifically consents to jurisdiction and venue in the Superior Court
of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Agreement, or should the terms of this Agreement in any way be the subject of
litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall
exclusively control the same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees,
successors, and assigns, all jointly and severally under the terms of this Agreement.
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 12
ARTICLE X. PRIOR AND FUTURE AGREEMENTS
This Document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements whether oral or
written. HCD is not obligated to provide funding of any kind to CAPITALRISE, LLC beyond the term
of this Agreement.
CAPITALRISE, LLC warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by CAPITALRISE, LLC for the purpose of securing business and that
CAPITALRISE, LLC has not received any non-Augusta fee related to this Agreement without the
prior written consent of HCD. For breach or violation of this warranty, HCD shall have the right to
annul this Agreement without liability or at its discretion to deduct from the Agreement prices of
consideration the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to be
inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and
enforced as though it were included herein and if, through mistake or otherwise, any such provision is
not inserted or is not correctly inserted, then upon application of either party this Agreement shall
forthwith be amended to make such insertion.
ARTICLE XII. DISCLAIMER
Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of
HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However,
if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this
Agreement will be enforceable in its entirety.
ARTICLE XIII. COUNTERPARTS
This Agreement is executed in two (2) counterparts– each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each
party hereto.
ARTICLE XIV. INSURANCE
The DEVELOPER/CONTRACTOR shall provide, at all times that this Agreement is in
effect, Insurance with limits of not less than:
A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia.
B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for
injuries, including those resulting in death to any one person, and in an amount of not less than One
Million ($1,000,000) Dollars on account of any one occurrence.
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 13
C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars
from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000)
Dollars.
D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans,
drawings, field notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars
or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000.
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 14
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
Approved as to Form by (please initial here):
Augusta, GA Law Department
Date: ____________________
By: __________________________________
Mayor Hardie Davis, Jr., as its Mayor
Date: ____________________
By: _______________________________
Takiyah Douse, Interim City Administrator
Date: _____________________
By: _________________________________
Hawthorne Welcher, Jr., as its Director
Date: _____________________
By: ________________________
Lena Bonner, as its Clerk of Commission
Affix Seal Here:
ATTEST: CAPITALRISE, LLC
By: _________________________
Owner
_________________________
Owner
Date: _______________________
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 15
APPENDIX 1
Architectural Plans/Designs
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 16
APPENDIX 2
American Institute of Architects (AIA) Form - Sample
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 17
APPENDIX 3
Statutes: (Available on Request)
OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122 - Cost Principles for Non-Profit Organizations
OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions
40 USC 276 Davis-Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint
Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being
sold, Final Rule
Augusta, Georgia- Richmond County Procurement Policy
Conflict of Interest Affidavit
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 18
APPENDIX 4
CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. All work shall be in compliance with the International Building Code current edition of
National Electric Code, International Plumbing and Mechanical Code, and ADA 2010
Guidelines.
B. Georgia Energy Code International Energy Conservation Code (IECC-2015).
C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
E. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code
of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972.
F. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f').
2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or
other means of outlining work on a particular project will be submitted in writing to HCD for
review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors or HCD’s
agent will review these items for compliance with new construction and/or rehabilitation
standards and materials use.
3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical
Condition Standards for HUD Housing." Workmanship and material standards will comply with
the Antioch Ministries, Inc. -Richmond County Housing & Community Development
Department Contractors Manual and Performance Standards. A copy of this manual is provided
to every contractor when included on the HCD Approved Contractors List. A copy is enclosed
for inclusion.
4. Inspections. All projects will be inspected and approved by an HCD Construction and
Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project.
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 19
APPENDIX 5
CONTRACTOR ACKNOWLEDGEMENT
CAPITALRISE, LLC acknowledges that this contract and any changes to it by amendment,
modification, change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law,
CAPITALRISE, LLC is deemed to possess knowledge concerning HCD ability to assume contractual
obligations and the consequences of Contractor’s provision of goods or services to HCD under an
unauthorized contract, amendment, modification, change order or other similar document, including
the possibility that CAPITALRISE, LLC may be precluded from recovering payment for such
unauthorized goods or services. Accordingly, CAPITALRISE, LLC agrees that if it provides goods or
services to Augusta, Georgia under a contract that has not received proper legislative authorization or
if CAPITALRISE, LLC provides goods or services to Augusta, Georgia in excess of the any
contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code,
Augusta, Georgia may withhold payment for any unauthorized goods or services provided by
CAPITALRISE, LLC. CAPITALRISE, LLC assumes all risk of non-payment for the provision of any
unauthorized goods or services to Augusta, Georgia (Laney Walker/Bethlehem Revitalization Project),
and it waives all claims to payment or to other remedies for the provision of any unauthorized goods
or services to Augusta, Georgia, however characterized including, without limitation, all remedies at
law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts
for goods and services, except revenue producing contracts.
____________________________________
Name
CAPITALRISE, LLC, Owner
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 20
EXHIBIT A
PROJECT SCHEDULE OF COMPLETION
CAPITALRISE, LLC MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS
EXHIBIT A- WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER
SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT
DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED.
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 21
EXHIBIT B
WORK WRITE-UP
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 22
EXHIBIT C
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. HCD must review and approve all new construction work, project specifications and total
development cost for each residential development project before work is commenced and
before funds can be released for payment reimbursement. Construction payments will be
released to CAPITALRISE, LLC in accordance with the attached drawdown schedule and
budget.
2. HCD will provide the lot on which all new construction efforts will be performed under this
Agreement and in connection with the project.
3. With HCD approval, CAPITALRISE, LLC may use funds under this Agreement for the
following purposes:
a. To support development costs as outlined in Item 6 below.
4. Completion delays, remedies, and penalties.
a. If the Contractor fails to complete the work within the time frame specified in the
contract, plus any authorized delays, HCD may:
i. Terminate the contractor in accordance with the “Provisions for Augusta
Housing and Community Development Department (HCD)” clause of this
contract.
ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day
from the schedule of completion to the date of final acceptance of the project.
The total amount of liquidated damages will be deducted from the total
contract price, plus any change order amounts.
b. The contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
i. To any acts of the Federal, State, or City/County Government; including
controls or restrictions upon or requisitioning of materials, equipment, tools,
or labor by reason of war, National Defense, or any other National, State, or
City/County emergency.
ii. To any acts of the Owner that hinder the progress of the work;
iii. To cause not reasonable foreseeable by the parties in this contract at the time
the execution of the contract which are beyond the control and without the
fault or negligence of the Contractor; including but not restricted to acts of
God; acts of the public enemy; acts of another contractor in the performance
of some other contract with the owner; fires; floods; epidemics; quarantine
restrictions; strikes; freight embargoes; and weather or unusual severity such
as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and
iv. To any delay of the subcontractor occasioned by any other causes specified in
subparagraphs A and B above. Provided, however, that the contractor
promptly (within 10 days) notifies HCD and CAPITALRISE, LLC in writing
of the cause of the delay. If the facts show the delay to be properly excusable
under the terms of this contract, HCD shall extend the contract time by a
period commensurate with the period of authorized delay to the completion of
the work as whole; in the form of an amendment to this contract.
5. New Construction Costs and Requirements
Augusta Housing & Community Development Department
1465 Brown Street Contract Page 23
a. CAPITALRISE, LLC will provide construction management for the project to ensure
that construction work is being carried out in accordance with plans, specifications
and the project budget.
b. CAPITALRISE, LLC must make sure contractors obtain and post all permits on job
site.
c. CAPITALRISE, LLC must collect progress and final lien releases from the contractor,
subcontractors, and material suppliers prior to making a payment to a contractor.
d. HCD or its agent may continually inspect each house for contract compliance and to
determine the percent of completion prior to processing a draw request and releasing
payment. HCD may choose not to release payments if the work being performed is not
of acceptable quality to HCD and if the house is not being built or rehabilitated in
accordance with plans and specifications, or if the project is not on schedule.
6. Permanent Financing and Sales Prices
a. The sales price of each home sold in accordance with this Agreement must be based
on a formal appraisal. Unless otherwise agreed to by HCD, the sales price of each
house shall not exceed the appraised value of the house.
b. The purchasers of houses constructed must meet the Augusta, GA requirements.
c. Buyers will be required to borrow no less than 80% of the sale prices of the house
from a private lending institution unless otherwise agreed to by HCD.
Administrative Services Committee Meeting
11/29/2022 1:20 PM
HCD_ Laney Walker/Bethlehem new construction of one (1) single family home approval 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 funding to develop new construction of one (1)
single family unit, identified as 1465 Brown Street, within Laney
Walker/Bethlehem.
Background:In 2008, the Augusta Commission passed legislation supporting
community development in Laney Walker/Bethlehem. Since that time, the
Augusta Housing & Community Development Department has developed
a master plan and development guidelines for the area, set up financial
incentive programs for developers and home buyers, selected a team of
development partners to focus on catalytic change, and created a
marketing strategy to promote the overall effort. This project involves
the new construction of one (1) single family home identified as 1465
Brown Street, within Laney Walker/Bethlehem. Address
Budget Project
Type 1465 Brown Street
$106,000 New Construction Augusta, GA
30901
Analysis:The approval of the contract will allow for development activities on this
site to begin.
Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization funding. Contract
Amount 1465 Brown Street - $106,000
Alternatives:Deny HCDs Request
Recommendation:Motion to approve Housing and Community Development Department’s
(HCD's) request to provide funding to develop new construction of one (1)
single family unit, identified as 1465 Brown Street, within Laney
Walker/Bethlehem.
Funds are Available in
the Following
Accounts:
Funding: Laney Walker/Bethlehem Revitalization funding GL Code: 298-
07-7343-5413150
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 1
CONTRACT
between
AUGUSTA, GEORGIA
And
HONNÊTE HABITATS, LLC
in the amount of
$200,119.04 USD
Two Hundred Thousand One Hundred Nineteen Dollars and 04/100
for Fiscal Year 2022
Providing funding for
LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT
1409 Maple Street
THIS AGREEMENT (“Contract”), is made and entered into as of the ___ day of 2022
(“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia
(hereinafter referred to as “Augusta”), acting through the Housing and Community Development
Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta,
Georgia 30901, as party of the first part, and HONNÊTE HABITATS, LLC., a developer, organized
pursuant to the Laws of the State of Georgia, hereinafter called "HONNÊTE HABITATS, LLC.” as
party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem
Bond Financing for the purpose of providing and retaining affordable and market rate housing for
eligible families; and
WHEREAS, HONNÊTE HABITATS, LLC., a procured developer and contractor with HCD wishes
to increase homeownership opportunities and preserve and increase the supply of workforce/market
rate housing for eligible families; and
WHEREAS, Augusta wishes to enter into a contractual Agreement with HONNÊTE HABITATS,
LLC. for the administration of eligible affordable and market rate housing development activities
utilizing Laney Walker Bond Financing; and
WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR
92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24
Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and
WHEREAS, HONNÊTE HABITATS, LLC. has been selected and approved through a solicitation
process for development partners to assist in the redevelopment of Laney Walker and Bethlehem
communities; and
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 2
WHEREAS, HONNÊTE HABITATS, LLC. has agreed to provide services funded through this
contract free from political activities, religious influences, or requirements; and
WHEREAS, HONNÊTE HABITATS, LLC. has requested, and Augusta has approved a total of
$200,119.04 in funding to perform eligible activities as described in Article I; below:
NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here
and now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description: HONNÊTE HABITATS, LLC. agrees to utilize approved Laney
Walker/Bethlehem Bond financing funds to support project related costs associated with the Laney
Walker/Bethlehem Redevelopment Project. Under this Agreement:
• HONNÊTE HABITATS, LLC. will perform new construction for one (1) single family
detached home identified as property number 1409 Maple Street.
• HONNÊTE HABITATS, LLC. will perform all required construction management and
project oversight; in accordance with all laws, ordinances, and regulations of Augusta.
• HONNÊTE HABITATS, LLC. will perform all functions required to ensure delivery of a final
product meeting all requirements as set forth by said Agreement to include:
• Materials list to include brand name and/or model number of materials as specified or
agreed to adjustments to specifications including but not limited to: appliances,
windows, HVAC, fixtures and First Quality lumber. HONNÊTE HABITATS, LLC. 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: Laney Walker/Bethlehem Bond funds shall be used by HONNÊTE
HABITATS, LLC. for the purposes and objectives as stated in Article I, Scope of Services, of
this Agreement. The use of funding for any other purpose(s) is not permitted. The following
summarizes the proposed uses of funds under this Agreement based on total material and
labor cost of $200,119.04
1. Profit
An amount not to exceed percent (100%) of the construction cost as outlined and approved in
Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid
to HONNÊTE HABITATS, LLC. for costs identified as necessary operating time and
expenses in addition to the profit accrued in the development of one single family detached
home identified as 1409 Maple Street. The design and specifications of the property shall be
approved by HCD prior to construction (see Appendix). HCD will have the latitude to pay
O&P directly to the procured developer/contractor on a pay for performance basis or upon the
sale of the single family detached home identified as 1409 Maple Street.
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 3
2. Developers Fee
N/A
3. Developer’s Fee Disbursement
Developer’s Fee shall be dispensed when construction is 100% completed and certificate of
occupancy is received. Co-Developer’s Fee is dispensed upon sale of the home and should not
exceed amount of (16%).
C. Program Location and Specific Goals to be Achieved
HONNÊTE HABITATS, LLC. shall conduct project development activities and related
services in its project area Laney Walker/Bethlehem that incorporates the following
boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard
and Walton Way.
D. Project Eligibility Determination
It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by
HONNÊTE HABITATS, LLC. will be in compliance with legislation supporting community
development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment
Authority which acts in behalf of the Augusta Commission to provide oversight of the
operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other
provisions of this contract, HONNÊTE HABITATS, LLC. shall provide activities and services
as described in the description of the project, including use of funds, its goals and objectives,
tasks to be performed and a detailed schedule for completing the tasks for this project as
provided in Exhibit A of this contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
HONNÊTE HABITATS, LLC. will carry out and oversee the implementation of the project as
set forth in this Agreement and agrees to perform the required services under the general
coordination of HCD. In addition, and upon approval by Augusta, HONNÊTE HABITATS,
LLC. may engage the services of outside professional services consultants and contractors to
help carry out the program and projects.
A. Augusta shall designate and make funds available in the following manner:
1. Augusta agrees to pay HONNÊTE HABITATS, LLC., a maximum of $200,119.04 under this
Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services,
subject to HONNÊTE HABITATS, LLC.’s compliance with all terms and conditions of this
Agreement and the procedures for documenting expenses and activities as set forth in said
Agreement;
2. The method of payment for construction costs, including only materials and labor as outlined
and approved on the Work Write-Up, not to exceed the aforementioned contracted amount of
$200,119.04 and shall be on a pay for performance basis provided HONNÊTE HABITATS,
LLC. and HCD determine the progress is satisfactory. HONNÊTE HABITATS, LLC. shall
utilize the AIA Form provided by HCD (see Appendix). For invoicing, HONNÊTE
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 4
HABITATS, LLC. will include documentation showing proof of completion of work in
accordance with the amount requested, inspected, and accepted by HCD, lien waivers for
vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E.
3. HCD will monitor the progress of the project and HONNÊTE HABITATS, LLC.’s
performance on a weekly basis with regards to the production of housing units and the overall
effectiveness of project.
4. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to
Augusta and shall be due and payable on such date of the termination and shall be paid no
later than thirty (30) days thereafter. HONNÊTE HABITATS, LLC. and HCD shall share in
the cost and proceeds of developing the residence at 1409 Maple Street as follows:
5. Funds may not be transferred from line item to line item in the project budget without the prior
written approval of Augusta Housing and Community Development.
6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem
Revitalization Project. Should funds no longer be available, it is agreed to by both parties that
this contract shall terminate and any HONNÊTE HABITATS, LLC. deemed satisfactorily
progress made within the contracted construction only amount not to exceed fifty percent
(100%) shall be paid to HONNÊTE HABITATS, LLC.
7. HCD will retain ten percent (10%) of an amount within the one hundred percent (100%) of
construction costs, including only materials and labor as outlined and approved on the Work
Write-Up, after the Certificate of Occupancy has been issued until HONNÊTE HABITATS,
LLC. and HCD determine that all HCD punch-list items have been satisfied.
B. Project Financing
The Augusta Housing and Community Development will provide an amount not to exceed the
actual construction costs including only materials and labor as outlined and approved on the
Work Write-Up to be expended by HONNÊTE HABITATS, LLC. for construction costs
related to the development of one single family detached home identified as 1409 Maple
Street.
Additionally, HCD will provide 100% of all change orders (where applicable) as approved by
HCD and HONNÊTE HABITATS, LLC. in writing.
All funding is being provided as payment for services rendered as per this Agreement.
C. Timetable for Completion of Project Activities
HONNÊTE HABITATS, LLC. shall be permitted to commence with the expenditure of Laney
Walker Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of
a construction contractor in accordance with its policies and procedures; and approval of a
detailed outline of project expenditures anticipated for the completion of the development
within 120 days of said home identified as 1409 Maple Street.
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 5
Liquidated Damages
HONNÊTE HABITATS, LLC. agrees to pay as liquidated damages to HCD
the sum of two hundred dollars ($200.00) for each consecutive calendar day
after the expiration of the Contract Time of Completion Time, except for
authorized extensions of time by Augusta. This section is independent of any
section within this Agreement concerning the default of HONNÊTE
HABITATS, LLC. The parties agree that these provisions for liquidated
damages are not intended to operate as penalties for breach of Contract.
The liquidated damages set forth above are not intended to compensate
Augusta for any damages other than inconvenience and loss of use or delay in
services. The existence or recovery of such liquidated damages shall not
preclude Augusta from recovering other damages in addition to the payments
made hereunder which Augusta can document as being attributable to the
documented failure of HONNÊTE HABITATS, LLC. In addition to other
costs that may be recouped, Augusta may include costs of personnel and
assets used to coordinate, inspect, and re-inspect items within this Agreement
as well as attorney fees if applicable.
Specified excuses
HONNÊTE HABITATS, LLC. is not responsible for delay in performance
caused by hurricanes, tornados, floods, and other severe and unexpected acts
of nature. In any such event, the contract price and schedule shall be equitably
adjusted.
Temporary Suspension or Delay of Performance of Contract
To the extent that it does not alter the scope of this Agreement, Augusta may
unilaterally order a temporary stopping of the work or delaying of the work to
be performed by HONNÊTE HABITATS, LLC. under this Agreement.
D. Project Budget: Limitations
All costs associated with construction, O&P, construction management, and real estate
expenses have been outlined in said Agreement as percentage-based costs related to the
development of one single family detached home identified as 1409 Maple Street as part of
the Laney Walker/Bethlehem Revitalization Project. HCD will have the latitude to pay such
costs directly to the procured construction contractor. HONNÊTE HABITATS, LLC. shall be
paid a total consideration of no more than $200,119.04 for full performance of the services
specified under this Agreement. Any cost above this amount shall be the sole responsibility of
HCD. It is also understood by both parties to this contract that the funding provided under this
contract for this specific project shall be the only funds provided by Augusta unless otherwise
agreed to by Augusta and HONNÊTE HABITATS, LLC.
Augusta shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the
performance of this contract.
ARTICLE III. TERM OF CONTRACT
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 6
The term of this Agreement shall commence on the date when this Agreement is executed by Augusta
and HONNÊTE HABITATS, LLC. (whichever date is later) and shall end at the completion of all
program activities, within the time specified in Article II.C, or in accordance with ARTICLE VII:
Suspension and Termination.
ARTICLE IV. DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall HCD provide advance funding to
HONNÊTE HABITATS, LLC., or any subcontractor hereunder.
B. HONNÊTE HABITATS, LLC. shall not use these funds for any purpose other than the purpose
set forth in this Agreement.
C. Subject to HONNÊTE HABITATS, LLC.’s compliance with the provisions of this Agreement,
Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local
guidelines.
D. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations" as well as the procurement policy of Augusta.
E. Requests by HONNÊTE HABITATS, LLC. for payment shall be accompanied by proper
documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no
later than thirty (30) calendar days after the last date covered by the request. For purposes of this
section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated
Exhibit B- Work Write-Up, and AIA Form.
F. HONNÊTE HABITATS, LLC. shall maintain an adequate financial system and internal fiscal
controls.
G. Unexpended Funds: Unexpended funds shall be retained by Augusta upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by
HONNÊTE HABITATS, LLC.
H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act.
I. Upon the sale of the detached single-family home at 1409 Maple Street, HCD is to provide
HONNÊTE HABITATS, LLC. with any outstanding payments on approved invoices and related
costs received within ten (10) business days.
ARTICLE V. ADMINISTRATIVE REQUIREMENTS
Conflict of Interest
HONNÊTE HABITATS, LLC. agrees to comply with the conflict of interest provisions
contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as
appropriate.
This conflict of interest provision applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of HONNÊTE HABITATS, LLC. No person
described above who exercises, may exercise or has exercised any functions or responsibilities
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 7
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. HONNÊTE
HABITATS, LLC. in the persons of Directors, Officers, Employees, Staff, Volunteers and
Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a
Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement)
Augusta may, from time to time, request changes to the scope of this Agreement and
obligations to be performed hereunder by HONNÊTE HABITATS, LLC. In such instances,
HONNÊTE HABITATS, LLC. shall consult with HCD/Augusta on any changes that will
result in substantive changes to this Agreement. All such changes shall be made via written
amendments to this Agreement and shall be approved by the governing bodies of both
Augusta and HONNÊTE HABITATS, LLC.
Statutes, regulations, guidelines, and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement.
ARTICLE VI. OTHER REQUIREMENTS
A. HONNÊTE HABITATS, LLC. agrees that it will conduct and administer activities in
conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L.
90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested
activity is to use the fair housing symbol and language in HONNÊTE HABITATS, LLC.
publications and/or advertisements. (24 CFR 570.601).
B. HONNÊTE HABITATS, LLC. agrees that the ownership in the housing assisted units must
meet the definition of “homeownership” in §92.2.
C. HONNÊTE HABITATS, LLC. agrees to comply with 24 CFR Part I, which provides that no
person shall be excluded from participation in this project on the grounds of race, color,
national origin, or sex; or be subject to discrimination under any program or activity funded in
whole or in part with federal funds made available pursuant to the Act.
D. No person employed in the work covered by this contract shall be discharged or in any
way discriminated against because he or she has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable hereunder to his or her
employer. (24 CFR 570.603)
E. HONNÊTE HABITATS, LLC. agrees that in accordance with the National Environmental
Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying
with the Act and regulations, and that no activities will be undertaken until notified by
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 8
Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to
beginning any project development activity, an environmental review must be conducted by
HCD pursuant to (24 CFR 570.604).
F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), HONNÊTE
HABITATS, LLC. agrees that funds shall not be expended for acquisition or construction in
an area identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards (representing the 100-year floodplain). Exceptions will be made if the
community is participating in the National Flood Insurance Program or less than a year has
passed since FEMA notification and flood insurance has been obtained in accordance with
section 102(a) of the Flood Disaster Protection Act of 1973.
G. HONNÊTE HABITATS, LLC. agrees to take all reasonable steps to minimize displacement
of persons as a result of assisted activities. Any such activities will be conducted in
accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR
570.606).
H. HONNÊTE HABITATS, LLC. agrees to comply with Executive Order 11246 and 12086 and
the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be
discriminated against on the basis of race, color, religion, sex, or national origin. HONNÊTE
HABITATS, LLC. will in all solicitations or advertisements for employees placed state that all
qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, national origin, or familial status.
I. HONNÊTE HABITATS, LLC. will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, or familial status.
HONNÊTE HABITATS, LLC. will take appropriate action to ensure that applicants are
employed, and that employees are treated fairly during employment, without regard to their
race, color, religion, sex, national origin, or familial status. Such action shall include, but not
be limited to the following: employment, upgrading, demotion or transfer; recruitment or
advertising; lay-off or termination, rates of pay or other forms of compensation; and selection
for training, including apprenticeship. HONNÊTE HABITATS, LLC. agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by Augusta setting forth the provisions of this nondiscrimination clause
J. In accordance with Section 570.608 of the CDBG Regulations, HONNÊTE HABITATS,
LLC. agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to
prohibition against the use of lead-based paint in residential structures and to comply with 24
CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint
poisoning and the elimination of lead-based paint hazards.
K. HONNÊTE HABITATS, LLC. agrees to comply with 24 CFR 570.609 with regards to the
direct or indirect use of any contractor during any period of debarment, suspension, or
placement in ineligibility status. No contract will be executed until such time that the
debarred, suspended, or ineligible contractor has been approved and reinstated by HCD.
L. In accordance with 24 CFR part 24, subpart F, HONNÊTE HABITATS, LLC. agrees to
administer a policy to provide a drug-free workplace that is free from illegal use, possession or
Augusta Housing & Community Development Department
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distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace
Act of 1988.
M. Any publicity generated by HONNÊTE HABITATS, LLC. for the project funded pursuant to
this Agreement, during the term of this Agreement or for one year thereafter, will make
reference to the contribution of HCD in making the project possible. The words “Augusta,
Georgia Department of Housing and Community Development" will be explicitly stated in
any and all pieces of publicity; including but not limited to flyers, press releases, posters,
brochures, public service announcements, interviews, and newspaper articles.
N. HONNÊTE HABITATS, LLC. shall comply with all applicable laws, ordinances and codes of
the federal, state, and local governments and shall commit no trespass on any public or private
property in performing any of the work embraced by this contract. HONNÊTE HABITATS,
LLC. agrees to obtain all necessary permits for intended improvements or activities.
O. HONNÊTE HABITATS, LLC. shall not assign any interest in this contract or transfer any
interest in the same without the prior written approval of Augusta.
P. HONNÊTE HABITATS, LLC. agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by HCD, setting forth the provisions of
this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order
in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019
(S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS
VOIDABLE BY THE AUGUSTA GOVERNMENT. HONNÊTE HABITATS, LLC.
agrees to comply with any federally mandated requirements as to minority and women owned
business enterprises.
Q. All contractors and subcontractors entering into contracts with Augusta, Georgia for the
physical performance of services shall be required to execute an Affidavit verifying its
compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered with and is
participating in a federal work authorization program. All contractors and subcontractors must
provide their E-Verify number and must be in compliance with the electronic verification of
work authorized programs operated by the United States Department of Homeland Security or
any equivalent federal work authorization program operated by the United States Department
of Homeland Security to verify information of newly hired employees, pursuant to the
Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue
to use the federal authorization program throughout the contract term. All contractors shall
further agree that, should it employ or contract with any subcontractor in connection with the
physical performance of services pursuant to its contract with Augusta, Georgia, the contractor
will secure from such subcontractors each subcontractor’s E-Verify number as evidence of
verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in
Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to
maintain records of such compliance and provide a copy of each such verification to HCD at
the time the subcontractors are retained to perform such physical services.
R. HONNÊTE HABITATS, LLC. agrees that low and moderate income persons reside within
Augusta-Richmond County and that contract for work in connection with the project be
awarded to eligible businesses which are located in or owned in substantial part by persons
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 10
residing in Richmond County. (24 CFR 570.697) Utilization of contractors and/or
subcontractors outside of the Augusta, Georgia- Richmond County area is not desirable.
S. HONNÊTE HABITATS, LLC. agrees to comply with the prohibitions against discrimination
on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and
implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified
individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter
grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping
accommodations.
T. HONNÊTE HABITATS, LLC. will not discriminate against any employee or applicant for
employment on the basis of religion and will not give preference of persons on the basis of
religion. HONNÊTE HABITATS, LLC. will not discriminate against any person applying for
shelter on the basis of religion. HONNÊTE HABITATS, LLC. will provide no religious
instruction or counseling, conduct no religious worship or services, engage in no religious
proselytizing, and exert no religious influence in the provision of shelter and other eligible
activities funded by this grant.
U. Indirect costs will only be paid if HONNÊTE HABITATS, LLC. has indirect cost allocation
plan approved by the Augusta Housing and Community Development prior to the execution of
this Contract.
V. HCD shall not approve any travel or travel related expenses to HONNÊTE HABITATS, LLC.
with funds provided under this.
W. Construction Requirements
In the absence of local codes, properties must meet the HUD Section 8 Housing Quality
Standards [HQS]. All housing assisted under this Agreement is “new construction” by
definition and therefore must meet the local building codes for new housing in Augusta,
Georgia, as applicable.
HONNÊTE HABITATS, LLC. is required by state and local laws, to dispose of all site debris,
trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia
Solid Waste Landfill in accordance with local and state regulations. The contractor shall
provide evidence of proper disposal of, the name and location of the disposal facility, date of
disposal and all related fees. Augusta, Georgia may, at reasonable times, inspect the part of the
plant, place of business, or work site of HONNÊTE HABITATS, LLC. or any subcontractor
of HONNÊTE HABITATS, LLC. or subunit thereof which is pertinent to the performance of
any contract awarded or to be awarded by Augusta Housing & Community Development
Department
ARTICLE VII. SUSPENSION AND TERMINATION
A. In the event HONNÊTE HABITATS, LLC. materially fails to comply with any terms of this
Agreement, including the timely completion of activities as described in the timetable and/or
contained in ARTICLE II.C, Augusta, Georgia may withhold cash payments until HONNÊTE
HABITATS, LLC. cures any breach of the Agreement. If HONNÊTE HABITATS, LLC. fails
to cure the breach, Augusta may suspend or terminate the current award of funds. HONNÊTE
HABITATS, LLC. will not be eligible to receive any other funding.
Augusta Housing & Community Development Department
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B. Damages sustained as a result of any breach of this Agreement. In addition, to any other
remedies it may have at law or equity, HCD may withhold any payments to HONNÊTE
HABITATS, LLC. for the purposes of offsetting the exact amount of damages once
determined.
C. In the best interest of the project and to better serve the people in the target areas and fulfill the
purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate
this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating
its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay
HONNÊTE HABITATS, LLC. for documented committed eligible costs incurred prior to the
date of notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, HONNÊTE HABITATS,
LLC. shall not be relieved of any duties or obligations imposed on it under this Agreement
with respect to HCD funds previously disbursed or income derived therefrom.
E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally
order a temporary stopping of the work or delaying of the work to be performed by
HONNÊTE HABITATS, LLC. under this contract.
ARTICLE VIII. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail, return receipt requested, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall remain such until it shall have been
changed by written notice.
Augusta will receive all notices at the address indicated below:
Office of the Administrator
ATTN: Takiyah Douse, Interim City Administrator
Municipal Building
535 Telfair Street, Suite 910
Augusta, Georgia 30901
With copies to:
Augusta Housing and Community Development Department
ATTN: Hawthorne Welcher, Jr., Director
510 Fenwick Street
Augusta, Georgia 30901
HONNÊTE HABITATS, LLC. will receive all notices at the address indicated below:
HONNÊTE HABITATS, LLC.
ATTN: Brea Elles
10001 NW 7th Street #829
Miami, FL 33136
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 12
ARTICLE IX. INDEMNIFICATION
HONNÊTE HABITATS, LLC. will at all times hereafter indemnify and hold harmless Augusta, its
officers, agents, and employees, against any and all claims, losses, liabilities, or expenditures of any
kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or
damages of any kind resulting from injuries or damages sustained by any person or persons,
corporation, or property, by virtue of the performance of this Agreement. By execution of this
Agreement, HONNÊTE HABITATS, LLC. specifically consents to jurisdiction and venue in the
Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in
said Court.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Agreement, or should the terms of this Agreement in any way be the subject of
litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall
exclusively control the same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees,
successors, and assigns, all jointly and severally under the terms of this Agreement.
ARTICLE X. PRIOR AND FUTURE AGREEMENTS
This Document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements whether oral or
written. HCD is not obligated to provide funding of any kind to HONNÊTE HABITATS, LLC.
beyond the term of this Agreement.
HONNÊTE HABITATS, LLC. warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by HONNÊTE HABITATS, LLC. for the purpose of
securing business and that HONNÊTE HABITATS, LLC. has not received any non-Augusta fee
related to this Agreement without the prior written consent of HCD. For breach or violation of this
warranty, HCD shall have the right to annul this Agreement without liability or at its discretion to
deduct from the Agreement prices of consideration the full amount of such commission, percentage,
brokerage, or contingent fee.
ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to be
inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and
enforced as though it were included herein and if, through mistake or otherwise, any such provision is
not inserted or is not correctly inserted, then upon application of either party this Agreement shall
forthwith be amended to make such insertion.
ARTICLE XII. DISCLAIMER
Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of
HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However,
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 13
if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this
Agreement will be enforceable in its entirety.
ARTICLE XIII. COUNTERPARTS
This Agreement is executed in two (2) counterparts– each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each
party hereto.
ARTICLE XIV. INSURANCE
The DEVELOPER/CONTRACTOR shall provide, at all times that this Agreement is in
effect, Insurance with limits of not less than:
A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia.
B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for
injuries, including those resulting in death to any one person, and in an amount of not less than One
Million ($1,000,000) Dollars on account of any one occurrence.
C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars
from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000)
Dollars.
D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans,
drawings, field notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars
or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000.
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 14
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
Approved as to Form by (please initial here):
Augusta, GA Law Department
Date: ____________________
By: __________________________________
Mayor Hardie Davis, Jr., as its Mayor
Date: ____________________
By: _______________________________
Takiyah Douse, as its Interim City Administrator
Date: _____________________
By: _________________________________
Hawthorne Welcher, Jr., as its Director
Date: _____________________
By: ________________________
Lena Bonner, as its Clerk of Commission
Affix Seal Here:
ATTEST: HONNÊTE HABITATS, LLC.
By: _________________________
Owner
Date: _______________________
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 15
APPENDIX 1
Architectural Plans/Designs
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 16
APPENDIX 2
American Institute of Architects (AIA) Form - Sample
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 17
APPENDIX 3
Statutes: (Available on Request)
OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122 - Cost Principles for Non-Profit Organizations
OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions
40 USC 276 Davis-Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint
Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being
sold, Final Rule
Augusta, Georgia- Richmond County Procurement Policy
Conflict of Interest Affidavit
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 18
APPENDIX 4
CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. All work shall be in compliance with the International Building Code current edition of
National Electric Code, International Plumbing and Mechanical Code, and ADA 2010
Guidelines.
B. Georgia Energy Code International Energy Conservation Code (IECC-2015).
C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
E. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code
of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972.
F. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f').
2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or
other means of outlining work on a particular project will be submitted in writing to HCD for
review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors or HCD’s
agent will review these items for compliance with new construction and/or rehabilitation
standards and materials use.
3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical
Condition Standards for HUD Housing." Workmanship and material standards will comply with
the Antioch Ministries, Inc. -Richmond County Housing & Community Development
Department Contractors Manual and Performance Standards. A copy of this manual is provided
to every contractor when included on the HCD Approved Contractors List. A copy is enclosed
for inclusion.
4. Inspections. All projects will be inspected and approved by an HCD Construction and
Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project.
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 19
APPENDIX 5
CONTRACTOR ACKNOWLEDGEMENT
CAPITALRISE, LLC acknowledges that this contract and any changes to it by amendment,
modification, change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law,
CAPITALRISE, LLC is deemed to possess knowledge concerning HCD ability to assume contractual
obligations and the consequences of Contractor’s provision of goods or services to HCD under an
unauthorized contract, amendment, modification, change order or other similar document, including
the possibility that CAPITALRISE, LLC. may be precluded from recovering payment for such
unauthorized goods or services. Accordingly, CAPITALRISE, LLC agrees that if it provides goods or
services to Augusta, Georgia under a contract that has not received proper legislative authorization or
if CAPITALRISE, LLC provides goods or services to Augusta, Georgia in excess of the any
contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code,
Augusta, Georgia may withhold payment for any unauthorized goods or services provided by
CAPITALRISE, LLC assumes all risk of non-payment for the provision of any unauthorized goods or
services to Augusta, Georgia (Laney Walker/Bethlehem Revitalization Project), and it waives all
claims to payment or to other remedies for the provision of any unauthorized goods or services to
Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity.
This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and
services, except revenue producing contracts.
____________________________________
Name
CAPITALRISE, LLC
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 20
EXHIBIT A
PROJECT SCHEDULE OF COMPLETION
HONNÊTE HABITATS, LLC. MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION
AS EXHIBIT A- WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS
AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN
SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE
IS PROVIDED.
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 21
EXHIBIT B
WORK WRITE-UP
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 22
EXHIBIT C
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. HCD must review and approve all new construction work, project specifications and total
development cost for each residential development project before work is commenced and
before funds can be released for payment reimbursement. Construction payments will be
released to HONNÊTE HABITATS, LLC. in accordance with the attached drawdown
schedule and budget.
2. HCD will provide the lot on which all new construction efforts will be performed under this
Agreement and in connection with the project.
3. With HCD approval, HONNÊTE HABITATS, LLC. may use funds under this Agreement for
the following purposes:
a. To support development costs as outlined in Item 6 below.
4. Completion delays, remedies, and penalties.
a. If the Contractor fails to complete the work within the time frame specified in the
contract, plus any authorized delays, HCD may:
i. Terminate the contractor in accordance with the “Provisions for Augusta
Housing and Community Development Department (HCD)” clause of this
contract.
ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day
from the schedule of completion to the date of final acceptance of the project.
The total amount of liquidated damages will be deducted from the total
contract price, plus any change order amounts.
b. The contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
i. To any acts of the Federal, State, or City/County Government; including
controls or restrictions upon or requisitioning of materials, equipment, tools,
or labor by reason of war, National Defense, or any other National, State, or
City/County emergency.
ii. To any acts of the Owner that hinder the progress of the work;
iii. To cause not reasonable foreseeable by the parties in this contract at the time
the execution of the contract which are beyond the control and without the
fault or negligence of the Contractor; including but not restricted to acts of
God; acts of the public enemy; acts of another contractor in the performance
of some other contract with the owner; fires; floods; epidemics; quarantine
restrictions; strikes; freight embargoes; and weather or unusual severity such
as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and
iv. To any delay of the subcontractor occasioned by any other causes specified in
subparagraphs A and B above. Provided, however, that the contractor
promptly (within 10 days) notifies HCD and HONNÊTE HABITATS, LLC.
in writing of the cause of the delay. If the facts show the delay to be properly
excusable under the terms of this contract, HCD shall extend the contract time
by a period commensurate with the period of authorized delay to the
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 23
completion of the work as whole; in the form of an amendment to this
contract.
5. New Construction Costs and Requirements
a. HONNÊTE HABITATS, LLC. will provide construction management for the project
to ensure that construction work is being carried out in accordance with plans,
specifications and the project budget.
b. HONNÊTE HABITATS, LLC. must make sure contractors obtain and post all permits
on job site.
c. HONNÊTE HABITATS, LLC. must collect progress and final lien releases from the
contractor, subcontractors, and material suppliers prior to making a payment to a
contractor.
d. HCD or its agent may continually inspect each house for contract compliance and to
determine the percent of completion prior to processing a draw request and releasing
payment. HCD may choose not to release payments if the work being performed is not
of acceptable quality to HCD and if the house is not being built or rehabilitated in
accordance with plans and specifications, or if the project is not on schedule.
6. Permanent Financing and Sales Prices
a. The sales price of each home sold in accordance with this Agreement must be based
on a formal appraisal. Unless otherwise agreed to by HCD, the sales price of each
house shall not exceed the appraised value of the house.
b. The purchasers of houses constructed must meet the Augusta, GA requirements.
c. Buyers will be required to borrow no less than 80% of the sale prices of the house
from a private lending institution unless otherwise agreed to by HCD.
Augusta Housing & Community Development Department
1409 Maple Street Contract Page 24
Administrative Services Committee Meeting
11/29/2022 1:20 PM
HCD_ Laney Walker/Bethlehem new construction of one (1) single family home approval 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 funding to develop new construction of one (1)
single family unit, identified as 1409 Maple Street, within Laney
Walker/Bethlehem.
Background:In 2008, the Augusta Commission passed legislation supporting
community development in Laney Walker/Bethlehem. Since that time, the
Augusta Housing & Community Development Department has developed
a master plan and development guidelines for the area, set up financial
incentive programs for developers and home buyers, selected a team of
development partners to focus on catalytic change, and created a
marketing strategy to promote the overall effort. This project involves
the new construction of one (1) single family home identified as 1409
Maple Street, within Laney Walker/Bethlehem. Address
Budget Project
Type 1409 Maple Street
$200,119.04 New Construction Augusta, GA
30901
Analysis:The approval of the contract will allow for development activities on this
site to begin.
Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization funding. Contract
Amount 1409 Maple Street - $200,119.04
Alternatives:Deny HCDs Request
Recommendation:Motion to approve Housing and Community Development Department’s
(HCD's) request to provide funding to develop new construction of one (1)
single family unit, identified as 1409 Maple Street, within Laney
Walker/Bethlehem.
Funds are Available in
the Following
Accounts:
Funding: Laney Walker/Bethlehem Revitalization funding GL Code: 298-
07-7343-5413150
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Simtech Solutions Inc. - Propelling Innovative Ideas and Technologies Forward to Create a Better Future for All
Page 1 of 3
I. QUALIFICATIONS
Our earliest work with “the count” started in 2004 when we were tasked with providing
planning, statistical research, and social research using data derived from the annual census for a
few small communities in Massachusetts. This was well before mobile apps were a viable option
and instead we had no choice but to use paper forms, clipboards, and tools such as Excel and
Access to compile the results. Deciphering handwriting and understanding shorthand, is a major
barrier to tabulating the results from a paper-based count. Volunteers often left off critical
information that inevitably put the decision back on us whether to guess what the response was
or leave it blank. Count volunteers would also occasionally wander beyond their designated
count areas and accidentally count people that someone else already counted. And then, after
every volunteer gets to go home, the count administrators are left with the painstaking process of
trying to make sense of it all.
Simtech was working with the Cities of Quincy and Brockton, MA in 2012 when we decided it
was time to make the move to mobile tech. The US Department of Housing and Urban
Development (HUD) recognized the viability of this early work by licensing the “Point in Time
Counting Tool” app from Simtech and subsequently contracted with us to enhance it even
further. The application was revised to meet the exact specifications furnished by fellow HUD
Technical Assistance (TA) provider Abt Associates, peer reviewed by TA providers at both the
American Institute for Research (AIR) and Cloudburst, and field tested in San Diego, Boston,
and Los Angeles prior to being published in both the App Store and Google Play.
Simtech has built upon this work with HUD through the release of the Counting Us mobile app
and the Point in Time Regional Command Center that it is integrated with. Our tools are now
helping regions in CA, CT, FL, GA, MA, NV, RI, SD, TX, and WA to automate their annual
point in time counts. Texas BoS CoC and Houston also used the app in response to hurricane
Harvey and Puerto Rico has voted to use it to aid their recovery efforts after hurricane Maria.
Simtech continues to evolve our offerings to increase the impact of our work. Our connection
with clients and their work, technical acumen, understanding of the ever-changing Federal
requirements, and our passion for being part of the effort to help end homelessness are what
differentiate Simtech Solutions from the rest.
Simtech Solutions Inc. - Propelling Innovative Ideas and Technologies Forward to Create a Better Future for All
Page 2 of 3
II. DESCRIPTION OF SERVICES
Simtech Solutions’ offering has two components – the Counting Us mobile app and the Point in
Time Regional Command Center. Key features are described below:
Simtech Solutions is able to provide additional services on a time and materials basis. These
services are tailored to each region’s needs and can include onsite training and support, mapping,
statistical analysis, youth count support, and other services related to the count.
Simtech Solutions Inc. - Propelling Innovative Ideas and Technologies Forward to Create a Better Future for All
Page 3 of 3
III. REFERENCES
All of our clients are referenceable. In fact, every region that used our services in 2017 has
signed up to use them again for 2018. That said, if you would like to pick a state at random from
the client list (currently CA, CT, FL, GA, MA, NV, RI, SD, TX, and WA) we would be happy to
provide a contact from that state whom you can speak with. Or if you prefer, you can reach out
to any of the clients listed below.
Client: Connecticut Coalition to End Homelessness
Region: Connecticut (statewide count)
Contact: Jacqueline (Jackie) Janosko
Title: Research Analyst
Phone: 860-721-7876 x111
Email: jjanosko@cceh.org
Client: Rhode Island Coalition for the Homeless
Region: Rhode Island (statewide count)
Contact: Eric Hirsch, PhD
Title: Professor / Researcher/ Consultant
Phone: 401-865-2510
Email: ehirsch@providence.edu
Client: South Alamo Reginal Alliance for the Homeless (SARAH)
Region: San Antonio / Bexar County, TX
Contact: Luke Leppla
Title: Coordinated Entry Program Manager
Phone: 201-876-0720
Email: lukeleppla@sarahomeless.org
Client: Houston Coalition for the Homeless
Region: Houston, TX
Contact: Ana Rausch
Title: Senior Research Project Manager
Phone: 713-739-7514
Email: arausch@homelesshouston.org
Client: The Planning Council
Region: Virginia (four CoCs)
Contact: Rebecca (Becky) O’Meara
Title: Community Planner
Phone: 757-622-9268 x 3040
Email: romeara@theplanningcouncil.org
Administrative Services Committee Meeting
11/29/2022 1:20 PM
HCD_ SimTech Professional Services Agreement Approval Request
Department:HCD
Presenter:Hawthorne Welcher, Jr. and/or HCD Staff
Caption:Motion to approve execution of the Professional Services Agreement with
the SimTech Solutions for use of the “Counting Us” mobile application for
the January 2023 Point in Time Count (PIT Count). This service is
necessary to meet Augusta’s obligations to Augusta’s Continuum of Care
(CoC) / Emergency Solutions Grant (ESG) requirements set forth by the
U.S. Department of Housing and Urban Development (HUD).
Background:HCD is requesting approval to utilize the Counting Us mobile application
from Simtech Solutions, Inc. in support of Augusta’s upcoming (January
2023) Point in Time Homeless Count. Included with this item are the
supporting documentation provided by Simtech as to the product
specifications and services, as well as a draft of their Professional Services
Agreement.
HCD is recommending continued use of the Counting Us mobile
application from SimTech due to a lack of comparable product and service
combinations identified in the market. Further, the Augusta Homeless
Task Force, as Augusta’s designated Continuum of Care (CoC), have
expressed desire to align our efforts with the State of Georgia, through the
Georgia Department of Community Affairs (DCA) implementation of the
same application, so as to allow for better integration with the statewide
Information Database for homeless services (Homeless Management
Information System or HMIS, known as Client Track by Eccovia
Solutions).
In support of services mandated under the Supportive Housing Program
(SHP) Homeless Management Information System (HMIS) Grant from the
U.S. Department of Housing and Urban Development (HUD), Augusta,
GA is responsible for cost sharing in the statewide GA HMIS
Implementation. As part of this statewide implementation, under the
direction of the Georgia Department of Community Affairs (DCA),
Augusta, GA is responsible for the portion of costs associated with
collecting and reporting data related to the annual Point in Time
Count. The annual Point in Time Count is the data source of HUD’s
Annual Homeless Assessment Report to Congress, also known as the
AHAR.
All costs associated with this procurement are covered by a Federal Grant
award from U.S. Department of Housing and Urban Development for the
Supportive Housing Program (SHP).
HMIS Lead staff at HCD will oversee the PIT Count reporting process,
and as with all operations relative to compliance and/or system updates,
Augusta’s CoC Administrator and related HCD staff will be kept aware of
progress, completion and other status updates relevant to this process. The
Augusta Homeless Task Force Street Outreach Committee Chair will serve
as the Organizer for the 2023 Point in Time Count. Partnership between
HTF Members and HCD staff will provide community member volunteer
training for use of the mobile application in the weeks leading up to the
Point in Time Count.
Analysis:Approval of this Agreement will allow the City of Augusta and Homeless
Task Force Partners and Volunteers to utilize the Counting Us mobile
application from Simtech Solutions, Inc. in support of Augusta’s
upcoming (January 2023) Point in Time Homeless Count.
Financial Impact:All costs associated with this service are eligible uses of a Federal Grant
award from U.S. Department of Housing and Urban Development for the
Supportive Housing Program (SHP) under HUD’s annual CoC NOFO
process. This grant is currently held by Augusta Housing and Community
Development. It is for a one-year, non-renewable service to utilize the
mobile application for the January homeless count. The contract amount
will be for $5,500. This is a one-time and all-inclusive cost for this service
and in the previous years of using this service (2019 , 2020 and 2022)
Augusta has not had to engage the use of the any of the additional
costs/fees listed in the agreement as a per hour charge, thus we anticipate
the final invoice to not exceed the $5,500 amount. These costs are eligible
and funding is available under Augusta’s SHP/HMIS Grant from HUD.
Alternatives:Deny Motion to approve execution of the Professional Services Agreement
with the SimTech Solutions for use of the “Counting Us” mobile
application for the January 2023 Point in Time Count (PIT Count).
Recommendation:Approve the Motion to approve execution of the Professional Services
Agreement with the SimTech Solutions for use of the “Counting Us”
mobile application for the January 2023 Point in Time Count (PIT Count).
Funds are Available in
the Following
Accounts:
Housing and Urban Development (HUD) Funds: Continuum of Care
(CoC) Supportive Housing Program (SHP) Grant. Org key: 221073215-
5211119 GL Code: 221073215-5211119
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Augusta Housing & Community Development Department
Contract Page 1
/CONTRACT
between
AUGUSTA, GEORGIA
And
Laney Walker Development Corporation
in the amount of
$14,500.00 USD
Fourteen Thousand and Five Hundred Dollars and 00/100
for Fiscal Year 2022
Providing funding for
LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT
1327 Eleventh Street
THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2022
(“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia
(hereinafter referred to as “Augusta”), acting through the Augusta Housing and Community
Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick
Street, Augusta, Georgia 30901, as party of the first part, and Laney Walker Development
Corporation, a procured developer, organized pursuant to the Laws of the State of Georgia,
hereinafter called "LWDC” as party in the second part.
In order to establish the background, context and frame of reference for this Agreement and to
manifest the objectives and the intentions of the respective parties herein, the following statements,
representations and explanations are set forth. Such statements, representations and explanations shall
be accepted as predicates for the undertakings and commitments included within the provisions, which
follow, and may be relied upon by the parties as essential elements of the mutual considerations upon
which this Agreement is based.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem
Bond Financing for the purpose of providing and retaining affordable and market rate housing for
eligible families; and
WHEREAS, Augusta wishes to enter into a contractual Agreement with LWDC for the administration
of eligible, affordable and market rate housing development activities utilizing Laney Walker Bond
Financing; and
WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR
92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24
Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and
Augusta Housing & Community Development Department
Contract Page 2
WHEREAS, LWDC is the approved developer through a solicitation process to assist in the
revitalization of Laney Walker and Bethlehem communities improvements for 1327 Eleventh Street.
WHEREAS, LWDC has agreed to provide services funded through this contract free from political
activities, religious influences or requirements; and
WHEREAS, LWDC has requested, and Augusta has approved a total of $14,500.00 in funding to
perform eligible activities as described in Article I; below:
NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here
and now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description: LWDC agrees to utilize approved Laney Walker/Bethlehem Bond financing
funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment
Project. This activity involves providing architectural drawings for one (1) single-family unit
identified as 1327 Eleventh Street as part of the Laney Walker/Bethlehem Revitalization Project.
Under this Agreement, LWDC will:
• Work with Virgo Gambill Architects to provide architecture/engineering services to include:
Planning and Design Services:
a. Provide Architecture and Engineering Consulting Services for the purpose of developing
design drawings associated with the planned Armstrong Galleria building to include new
commercial windows, new commercial doors, new metal awnings, exterior lighting,
landscaping improvements (raised garden beds for curb aesthetics for all street sides and
parking lot view of shopping center), and new illuminated signage for all occupied
business displayed on James Brown Blvd and Galleria storefronts.
b. Review the project budget for construction prepared by the HCD
c. Prepare preliminary cost estimates and cost alternatives to include documentation
establishing the basis and methodology for all estimates.
d. Meet with HCD’s approved project developer to review findings, alternatives, cost
estimates, and construction strategies to select optimum development on a routine basis.
e. Prepare (3) options of preliminary design work for presentation to the owner and based
on owner’s comments.
f. Provide HCD with three (3) hard and electronic copies upon approved design.
g. Prepare Construction Drawings and Specifications to submit to the Owner and
Developer.
h. Review shop drawings and submittals
i. Provide as-built drawings of the completed and Owner-accepted work
j. Prepare permit drawings for local building official comment and approvals.
k. LWDC shall perform the necessary due diligence to complete its design to include any
surveys, measurements, building analysis and investigation, etc.
Augusta Housing & Community Development Department
Contract Page 3
l. Comply with the guidance set forth by the Georgia Department of Natural Resources
listed in Appendix 4.
Upon completion of the Work, LWDC shall compile for and deliver to the Client a
reproducible set of Record Documents based upon the marked-up record drawings addenda,
change orders, and other data furnished by the Contractor or other third parties. These Record
Documents will show significant changes made during construction. Because these Record
Documents are based on unverified information provided by other parties, which LWDC is
entitled to assume will be reliable, LWDC cannot and does not warrant their accuracy.
Inasmuch as the remodeling and/or rehabilitation of the existing structure requires that certain
assumptions be made by LWDC regarding existing conditions, and because some of these
assumptions may not be verifiable without the Client’s expending substantial sums of money
or destroying otherwise adequate or serviceable portions of the structure, the Client agrees to
the fullest extent permitted by law, to indemnify and hold harmless LWDC its Officers,
Directors, Employees, and Associates (collectively, LWDC) against all damages, liabilities, or
costs including reasonable attorneys’ fees and defense costs out of or in any way connected
with the Project, excepting only those damages, liabilities, or costs attributable to the sole
negligence and willful misconduct by LWDC.
Prepare record drawings of the existing architectural, exterior façade conditions and existing
electrical conditions as they relate to the exterior façade. The as-built drawings will be used
for design and design presentations and will be given to the owner at the end of construction.
B. Use of Funds:
Bond funds shall be used by LWDC for the purposes and objectives as stated in Article I,
Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not
permitted. The following summarizes the proposed uses of funds under this Agreement based
on total material and labor cost of $14,500.00.
1. 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 LWDC for costs
identified as necessary operating time and expenses in addition to the profit accrued in the
exterior façade reconstruction of one (1) multi-unit commercial building as 1327 Eleventh
Street.
C. Program Location and Specific Goals to be Achieved
LWDC shall conduct project development activities and related services in its project area
Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A.
Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way.
D. Project Eligibility Determination
LWDC shall comply with legislation supporting community development in Laney
Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts on
behalf of the Augusta Commission to provide oversight of the operation of the Laney
Walker/Bethlehem Revitalization Project. Notwithstanding any other provisions of this
Augusta Housing & Community Development Department
Contract Page 4
contract, LWDC 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
LWDC will carry out and oversee the implementation of the project as set forth in this
Agreement and agrees to perform the required services under the general coordination of the
Augusta Housing and Community Development Department. In addition, and upon approval
by Augusta, LWDC, may engage the services of outside professional services Consultants and
Architect and/or Engineers to help carry out the program and projects.
A. Augusta shall designate and make Bond funds available in the following manner:
1. For invoicing, through the Neighborly Software System, LWDC will include
documentation showing proof of completion of work in accordance with the amount
requested, inspected, and accepted by HCD.
2. HCD will monitor the progress of the project and LWDC’s performance on a weekly
bi-weekly basis with regards to the production design plans.
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. This Agreement is based upon the availability of funding under the Laney
Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is
agreed to by both parties that this contract shall be terminate.
B. Project Financing
HCD will provide an amount not to exceed the actual architecture/engineering design costs
related to the exterior façade reconstruction of one (1) multi-unit commercial property
identified as 1327 Eleventh Street.
All funding is being provided as payment for services rendered as per this Agreement.
C. Timetable for Completion of Project Activities
LWDC shall be permitted to commence with the expenditure of CDBG funds as outlined in
said Agreement upon procurement of an architectural/engineering LWDC in accordance with
its policies and procedures; and approval of a detailed outline of project expenditures
anticipated for the completion of the project within 60 days of said property identified as 1327
Eleventh Street.
Augusta Housing & Community Development Department
Contract Page 5
ARTICLE III. GENERAL CONDITIONS
A. General Compliance
LWDC agree(s) to comply with all Federal, state and local laws, regulations, and policies governing
the funds provided under this contract. LWDC further agrees to utilize funds available under this
Agreement to supplement rather than supplant funds otherwise available.
B. Independent Architect and/or Engineer
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. LWDC shall at all times
remain an "independent Architect and/or Engineer" with respect to the services to be performed under
this Agreement. Augusta shall be exempt from payment of any and all possible unemployment
benefits as LWDC is an independent Architect and/or Engineer.
C. Hold Harmless
To the fullest extent permitted by laws, statutes, rules and regulations, LWDC shall indemnify and
hold harmless the Augusta, GA, Officers, Directors, and Employees of each and any of them from and
against costs, damages, losses, and expenses, including but not limited to reasonable attorneys as
awarded by a Court with Jurisdiction due to liability arising out of the services of the Architect-
Engineer arising out of or resulting from performance of the work, but only to the extent caused by
negligent, willful and wanton acts or omissions of the Architect and/or Engineer, its Officers,
Directors, Employees, and anyone directly, or indirectly employed by them or anyone for whose acts
they are liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part
by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce
other rights or obligations of indemnity which would otherwise exist as to a party or person described
in this Paragraph.
LWDC agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its
Officers, Directors, and Employees (collectively, Client) against damages, liabilities, and costs arising
from the negligent acts of LWDC in the performance of professional services under this Agreement to
the extent that LWDC is responsible for such damages or liabilities on a comparative fault basis
between LWDC and the Client. LWDC shall not be obligated to indemnify the Client for the Client’s
own negligence or for the negligence of others.
D. Insurance & Bonding
LWDC shall provide, at all times, that this Agreement is in effect, Insurance with limits of not less
than:
a. Workmen’s Compensation Insurance – in accordance with the laws of the State of
Georgia.
b. Public Liability Insurance – in an amount of not less than One Million ($1,000,000)
Dollars for injuries, including those resulting in death to any one person, and in an
amount of not less than One Million ($1,000,000) Dollars on account of any one
occurrence.
c. Property Damage Insurance – in an amount of not less than One Million ($1,000,000)
Augusta Housing & Community Development Department
Contract Page 6
Dollars from damages on account of an occurrence, with an aggregate limit of One
Million ($1,000,000) Dollars.
d. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any
plans, drawings, field notes, or other similar data relating to the work covered by the
Project.
e. Professional Liability Insurance – in an amount of not less than One Million
($1,000,000) LWDC shall comply with the bonding and insurance requirements of 24
CFR 84.31 and 84.48, Bonding and Insurance.
E. Augusta Recognition, Ownership, and Publication
LWDC shall ensure recognition of the role of Augusta in providing services through this Agreement.
All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to
funding source. In addition, LWDC will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement and preapproved by HCD
prior to publication.
All drawings, reports, information, data, and other materials prepared by LWDC pursuant to this
agreement, or future agreements as amended through the issuance of an agreed upon and signed
estimate, are to be the joint property of HCD and LWDC, which have nonexclusive and unrestricted
authority to release, publish or otherwise use, in whole or in part, information relating thereto, in
relation to the Laney-Walker/Bethlehem Neighborhood Redevelopment Area project. Any reuse
without written verification or adaptation by either party for the specific purpose intended will be at
the owner’s sole risk and without liability or legal exposure to HCD or LWDC. No material produced
in whole or in part under this agreement may be subject to copyright or patent in the United Sates or in
any other country without the prior written permission of HCD and LWDC.
F. Amendments
Augusta or LWDC may amend this Agreement at any time provided that such amendments make
specific reference to this Agreement, and are executed in writing, signed by a duly authorized
representative of each organization, and approved by the Augusta’s governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Augusta or LWDC from its
obligations under this Agreement.
Augusta may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both the Augusta and LWDC.
Such changes, require compliance with Article 12 of Augusta’s Procurement Policy and Procedures
(Contract Administration and Management)
Augusta Housing & Community Development Department
Contract Page 7
G. Completion of Architectural and Engineering Drawing
It is further agreed that JLA will complete all construction repairs to the addresses listed below with
corresponding finalization dates and will submit to Augusta within one-week notice of the completion
of each project as described below:
ARTICLE IV. TERM OF CONTRACT
The term of this Agreement shall commence on the date when this Agreement is executed by Augusta
and LWDC (whichever date is later) and shall end at the completion of all program activities, within
the time specified in Article II.C, or in accordance with
ARTICLE V. DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
LWDC, or any associates hereunder.
B. LWDC shall not use these funds for any purpose other than the purpose set forth in this
Agreement.
C. Subject to LWDC’s compliance with the provisions of this Agreement, Augusta agrees to
reimburse all budgeted costs allowable under federal, state, and local guidelines.
D. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of Super Circular A-110 "Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations" as well as the procurement policy of Augusta.
E. Requests by LWDC for payment shall be accompanied by proper documentation and shall be
submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar
days after the last date covered by the request. For purposes of this section, proper
documentation includes: Updated Exhibit A.
F. LWDC shall maintain an adequate financial system and internal fiscal controls.
G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by
LWDC.
H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act.
Augusta Housing & Community Development Department
Contract Page 8
ARTICLE V. ADMINISTRATIVE REQUIREMENTS
Conflict of Interest
LWDC will comply with the provisions of the applicable HUD regulations of 24 C.F.R. Parts 84, 85,
and 570.611, sections 2-2-121, 2-2-201, 7-3-4256, 7-3-4367, 7-5-2106, 7-5- 4109, Super Circular A-
110 and Super Circular A-102 and Article 3 of Augusta’s Policy and Procedure (Ethics in Public
Procurement), (as applicable) regarding the avoidance of conflict of interest.
No officer or employee of the local jurisdiction or its designees or agents, no member of the governing
body, and no other public official of the locality who his/her tenure or for one year thereafter, shall
have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to
be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language
set forth in this paragraph prohibiting conflict of interest.
No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom, but this provision shall not be
construed to extend to this contract if made with a corporation for its general benefit.
LWDC covenants that it presently has no interest and will not acquire any interest, direct or indirect,
in the Bond project that would conflict in any manner or degree with the performance of its services
hereunder. LWDC further covenants that, in the performing this Contract, it will employ no person
who has any such interest.
ARTICLE VI. OTHER REQUIREMENTS
A. LWDC 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 LWDC’s publications and/or advertisements. (24 CFR 570.601).
B. LWDC agrees to comply with 24CFR 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.
C. 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)
D. LWDC agrees that in accordance with the National Environmental Policy Act of 1969 and 24
CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations,
and that no activities will be undertaken until notified by Augusta/HCD that the activity is in
compliance with the Act and regulations. Prior to beginning any project development activity,
an environmental review must be conducted by HCD pursuant to (24 CFR 570.604).
E. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), LWDC
agrees that funds shall not be expended for acquisition or construction in an area identified by
Augusta Housing & Community Development Department
Contract Page 9
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.
F. LWDC agrees to take all reasonable steps to minimize displacement of persons as a result of
assisted activities. Any such activities will be conducted in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the
Housing and Community Development Act of 1974 (24 CFR 570.606).
G. LWDC 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. LWDC will in all solicitations or
advertisements for employees placed state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, national origin or
familial status.
H. LWDC will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, or familial status. LWDC will take appropriate action
to ensure that applicants are employed, and that employees are treated fairly during
employment, without regard to their race, color, religion, sex, national origin or familial status.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. LWDC agrees to
post in conspicuous places, available to employees and applicants for employment, notices to
be provided by Augusta setting forth the provisions of this nondiscrimination clause
Augusta Housing & Community Development Department
Contract Page 10
I. In accordance with Section 570.608 of the CDBG Regulations, LWDC 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.
J. LWDC agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any
LWDC 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 LWDC has
been approved and reinstated by HCD.
K. In accordance with 24 CFR part 24, subpart F, LWDC 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.
L. Any publicity generated by LWDC 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, Georgia in making the project possible. The words "Augusta Georgia Housing
and Community Development Department" 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.
M. LWDC 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. LWDC agrees to obtain all necessary
permits for intended improvements or activities.
N. LWDC shall not assign any interest in this contract or transfer any interest in the same without
the prior written approval of Augusta.
O. LWDC shall comply with the Davis Bacon Act 1931.
P. LWDC 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). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS
VOIDABLE BY THE AUGUSTA GOVERNMENT. LWDC agrees to comply with any
federally mandated requirements as to minority and women owned- business enterprises.
Q. All Architect and/or Engineers and sub-Architect and/or Engineers entering into contracts with
Augusta, Georgia for the physical performance of services shall be required to execute an
Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the
individual, firm, or corporation which is contracting with Augusta, Georgia has registered with
and is participating in a federal work authorization program. All Architect and/or Engineers
and sub-Architect and/or Engineers must provide their E-Verify number and must be in
compliance with the electronic verification of work authorized programs operated by the
United States Department of Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland Security to verify
information of newly hired employees, pursuant to the Immigration Reform and Control Act
of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines
Augusta Housing & Community Development Department
Contract Page 11
established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization
program throughout the contract term. All Architect and/or Engineers shall further agree that,
should it employ or contract with any associates in connection with the physical performance
of services pursuant to its contract with Augusta, Georgia LWDC will secure from such sub-
Architect and/or Engineers each sub-Architect and/or Engineer’s E-Verify number as evidence
of verification of compliance with O.C.G.A §13-10-91 on the associates affidavit provided in
Rule 300-10-01-.08 or a substantially similar form. All Architect and/or Engineers shall
further agree to maintain records of such compliance and provide a copy of each such
verification to Augusta, Georgia at the time the sub-Architect and/or Engineers are retained to
perform such physical services.
R. LWDC agrees that low-and-moderate income persons reside within Augusta-Richmond
County and that contract for work in connection with the project be awarded to eligible
businesses which are located in or owned in substantial part by persons residing in Augusta-
Richmond County. (24 CFR 570.697) Utilization of Architect and/or Engineers and/or
sub-Architect and/or Engineers outside of the Augusta-Richmond County area is not
desirable.
S. LWDC 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.
T. LWDC 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. LWDC will not
discriminate against any person applying for shelter on the basis of religion. LWDC 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.
U. Indirect costs will only be paid if LWDC has indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
V. HCD shall not approve any travel or travel related expenses to LWDC with funds provided
under this contract.
W. LWDC represents and warrants that it and its design team are not debarred, suspended, or
placed in ineligibility status under the provisions of Article 8 of Augusta’s Procurement Policy
and Procedures (Suspension or Debarment of Bidder or Proposer Policy) and the 24 CFR
570.609 (government debarment and suspension regulations).
X. Salaries of personnel performing work under this Contract shall be paid unconditionally and
not less often than once a month without payroll deduction or rebate on any account except
only such payroll deductions as are mandatory by law or permitted by the applicable
regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13,
1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. 874; and Title 40 U.S.C. 276c).
LWDC shall comply with all applicable "Anti-Kickback" regulations and shall insert
appropriate provisions in all subcontracts covering work under this contract to insure
compliance by the subcontractors with such regulations, and shall be responsible for the
Augusta Housing & Community Development Department
Contract Page 12
submission of affidavits required of subcontractors thereunder except as the Secretary of
Labor may specifically provide for variations of or exemptions from the requirements thereof.
As well as the requirements of Article 3, Section 1-10-28 of Augusta’s Policy and Procedures
(Authority and responsibility of procurement director).
Y. LWDC certifies, to the best of their knowledge and belief that:
No federally appropriated funds have been paid or will be paid, by or on behalf of the
contractor, to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
Z. If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions
LWDC shall put forth reasonable, professional efforts to comply with applicable laws, codes,
and regulations in effect as use of the date of (execution of this Agreement,
submission to building authorities, or other appropriate date). Design changes made
necessary by newly enacted laws, codes, and regulations after this date shall entitle
LWDC to a reasonable adjustment in the schedule and additional compensation in
accordance with the Additional Services provisions of this Agreement.
ARTICLE VII. SUSPENSION AND TERMINATION
A. In the event LWDC materially fails to comply with any terms of this Agreement, including the
timely completion of activities as described in the timetable and/or contained in ARTICLE
II.C, Augusta may withhold cash payments until LWDC cures any breach of the Agreement.
If LWDC fails to cure the breach, Augusta may suspend or terminate the current award of
funds. LWDC will not be eligible to receive any other funding.
B. Notwithstanding the above, LWDC 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 LWDC for the
purposes of offsetting the exact amount of damages once determined.
C. In the best interest of the project and to better serve the people in the target areas and fulfill the
purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate
this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating
its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay
LWDC for documented committed eligible costs incurred prior to the date of notice of
termination.
Augusta Housing & Community Development Department
Contract Page 13
D. Notwithstanding any termination or suspension of this Agreement, LWDC shall not be
relieved of any duties or obligations imposed on it under this Agreement with respect to Laney
Walker Bond Financing funds previously disbursed or income derived therefrom.
E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally
order a temporary stopping of the work or delaying of the work to be performed by LWDC
under this contract.
ARTICLE VIII. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail, return receipt requested, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall remain such until it shall have been
changed by written notice.
Augusta will receive all notices at the address indicated below:
Office of the Administrator
ATTN: Hardie Davis, Jr., Mayor
Municipal Building
535 Telfair Street, Suite 200
Augusta, Georgia 30901
With copies to:
Augusta Housing and Community Development Department
ATTN: Hawthorne Welcher, Jr., Director
510 Fenwick Street
Augusta, Georgia 30901
and
Laney Walker Development Corporation
ATTN: Byron or Edith Peebles
851 Laney Walker Blvd.
Augusta, Georgia. 30901
ARTICLE IX. INDEMNIFICATION
LWDC will at all times hereafter indemnify and hold harmless Augusta, its officers, and employees,
against any and all claims, losses, liabilities, or damages, including reasonable attorney fees if awarded
by a Court with proper jurisdiction due to legal liabilities of LWDC, resulting from injuries or
damages sustained by any person or persons, corporation or property, to the extent caused by the
negligent performance of LWDC under this Agreement. By execution of this Agreement, LWDC
specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia
and waives any right to contest jurisdiction or venue in said Court.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Agreement, or should the terms of this Agreement in any way be the subject of
litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall
exclusively control the same.
Augusta Housing & Community Development Department
Contract Page 14
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees,
successors and assigns, all jointly and severally under the terms of this Agreement.
ARTICLE X. PRIOR AND FUTURE AGREEMENTS
This Document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements whether oral or
written. Augusta is not obligated to provide funding of any kind to LWDC beyond the term of this
Agreement.
LWDC warrants that no person or selling agency has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by LWDC for the purpose of securing business and that LWDC has not received any non-
Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or
violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at
its discretion to deduct from the Agreement prices of consideration the full amount of such
commission, percentage, brokerage, or contingent fee.
ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to be
inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and
enforced as though it were included herein and if, through mistake or otherwise, any such provision is
not inserted or is not correctly inserted, then upon application of either party this Agreement shall
forthwith be amended to make such insertion.
ARTICLE XII. DISCLAIMER
Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of
CDBG funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However,
if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this
Agreement will be enforceable in its entirety.
ARTICLE XIII. COUNTERPARTS
This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each
party hereto.
Augusta Housing & Community Development Department
Contract Page 15
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
Approved as to Form By (please initial here):
By:_____________________________________
Augusta, Georgia Law Department
Date: ____________________
By:__________________________________
Mayor Hardie Davis, Jr., as its Mayor
Date: ____________________
By: _______________________________
Takiyah A. Douse, as its Interim Administrator
Date: ____________________
By: _________________________
Hawthorne Welcher, Jr., as its Director
Date: _____________________
By: ________________________
Lena Bonner, as its Clerk of Commission
Affix Seal Here:
By: _________________________
Laney Walker Development Corporation
Date:_______________________
Augusta Housing & Community Development Department
Contract Page 16
EXHIBIT A
PROJECT SCHEDULE OF COMPLETION
LWDC shall prepare and submit for Client approval “A” Schedule for the Performance of LWDC’s
services. This schedule shall include reasonable allowances for review and approval times required by
the Client, performance of services by the Client, and review and approval times required by public
authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the
Project progresses, allowing for changes in scope, character or size of the Project requested by the
Client, or for delays or other causes beyond LWDC’s reasonable control.
Augusta Housing & Community Development Department
Contract Page 17
APPENDIX 1
Statutes: (Available on Request)
Super Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
Super Circular A- 122 - Cost Principles for Non-Profit Organizations
Super 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
Lead Based Paint Poisoning Prevention Act
Augusta-Richmond County Procurement Policy
Augusta Housing & Community Development Department
Contract Page 18
APPENDIX 2
ARCHITECTUAL AND/OR ENGINEER REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. All work shall be in compliance with the International Building Code current edition of
National Electric Code, International Plumbing and Mechanical Code, and ADA 2010
Guidelines.
B. Georgia Energy Code International Energy Conservation Code (IECC-2015).
C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
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. 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 Architect
and/or Engineers Manual and Performance Standards. A copy of this manual is provided to every
LWDC when included on the HCD Approved Architect and/or Engineers List. A copy is
enclosed for inclusion.
3. Inspections. All projects will be inspected and approved by an HCD Construction and
Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project.
4. It is recognized that the Client has certain obligations under local, state, and federal accessibility
laws and regulations that could affect the design of the Project. It is further recognized that
federal accessibility laws and regulations are not part of, or necessarily compatible with, state or
local laws, codes, and regulations governing construction. Consequently, LWDC will be unable
to make recommendations or professional determinations that will ensure compliance with the
federal accessibility laws and regulations, and LWDC shall, accordingly, not have any liability to
the Client in connection with same. LWDC strongly advises the Client to obtain appropriate legal
and financial counsel with respect to compliance with the appropriate disability access laws.
5. The Client acknowledges that it has been advised by LWDC to retain a LWDC (Accessibility
LWDC) to review the project plans, specifications, and construction for compliance with the
Americans with Disability Act, the Fair Housing Act, and other federal, state, and local
accessibility laws, rules, codes, ordinances, and regulations (hereinafter referred to as
“Accessibility Issues”).
6. If Client fails to retain an Accessibility LWDC, the Client agrees to release, defend, indemnify,
and hold harmless LWDC, its officers, directors, employees, and associates (collectively, LWDC)
Augusta Housing & Community Development Department
Contract Page 19
from any claim, damages, liabilities, or costs arising out of or in any way connected with
Accessibility Issues.
7. LWDC shall exercise usual and customer professional care in its effort to comply with applicable
laws, codes, and regulations in effect as of the date________. Design changes made necessary by
newly enacted laws, codes, and regulations after this date shall entitle LWDC to a reasonable
adjustment in the schedule and additional compensation in accordance with the Additional
Services provisions of this Agreement.
8. In the event of a conflict between laws, codes, and regulations of various environmental entities
having jurisdiction over this Project, LWDC shall notify the Client of the nature and impact of
such conflict.
Augusta Housing & Community Development Department
Contract Page 20
APPENDIX 3
VIRGO GAMBILL ACKNOWLEDGEMENT
VIRGO GAMBILL acknowledges that this contract and any changes to it by amendment,
modification, change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, VIRGO
GAMBILL is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume
contractual obligations and the consequences of Architect and/or Engineer’s provision of goods or
services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order
or other similar document, including the possibility that VIRGO GAMBILL may be precluded from
recovering payment for such unauthorized goods or services. Accordingly, VIRGO GAMBILL agrees
that if it provides goods or services to Augusta, Georgia under a contract that has not received proper
legislative authorization or if VIRGO GAMBILL provides goods or services to Augusta, Georgia in
excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s
Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services
provided by VIRGO GAMBILL. VIRGO GAMBILL assumes all risk of non-payment for the
provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to
payment or to other remedies for the provision of any unauthorized goods or services to Augusta,
Georgia, however characterized including, without limitation, all remedies at law or equity. This
acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and
services, except revenue producing contracts.
____________________________________
Joseph Gambill, Owner
Virgo Gambill Architects
Augusta Housing & Community Development Department
Contract Page 21
Administrative Services Committee Meeting
11/29/2022 1:20 PM
HCD_Laney Walker/Bethlehem architectural drawings for one (1) single-family home approval 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 funding for architectural drawings for the new
construction of one (1) single-family home identified as 1327 Eleventh
Street, within Laney Walker/Bethlehem.
Background:In 2008, the Augusta Commission passed legislation supporting
community development in Laney Walker/Bethlehem. Since that time, the
Augusta Housing & Community Development Department has developed
a master plan and development guidelines for the area, set up financial
incentive programs for developers and home buyers, selected a team of
development partners to focus on catalytic change, and created a
marketing strategy to promote the overall effort. This objective involves
architectural drawings for the new construction of one (1) single-family
home at 1327 Eleventh Street within Laney Walker/Bethlehem. Address
Budget Project
Type 1327 Eleventh Street $14,500.00
Architectural drawings Augusta, GA. 30901
Analysis:The approval of the contract will allow for the architectural drawings for
(1) single-family new construction home at 1327 Eleventh Street to begin.
Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization Bond funding.
Contract Amount: 1327 Eleventh Street- $14,500
Alternatives:Deny HCD’s Request.
Recommendation:Motion to approve Housing and Community Development Department’s
(HCD's) request to provide funding for architectural drawings for the new
construction of one (1) single-family home identified as 1327 Eleventh
Street, within Laney Walker/Bethlehem.
Funds are Available in
the Following
Accounts:
Project Funds Funding: Laney Walker/Bethlehem Revitalization funding
GL Code: 298-07-7343-5413150
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Administrative Services Committee Meeting Commission Chamber - lll8l2022
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; Hasan, Chairman; Scott, Vice Chairman; B. Williams,
member.
Absent: Hon. Frantom, member.
ADMINISTRATIVE SERVICES
1. Receive as information the emergency roof replacement at May Park in the amount of $32,1 17.99 by GS Item
Roofing and Construction. Action:
Approved
Motions
*::" Motion Text Made By seconded By Motion'l'ype - ---- -J Result
*.::'j-].t" Commissioner Francine Commissioner Bobby passesApprove
ix5,t""]rtr"rr., s-0. iioo wiltiams
2. Motion to approve one (l) Rehabilitation Project in partnership with Butler's Home Improvement. Item
Action:
Approved
Motions
X]j:" Motion Text Made By seconded By Motion
f ype - ----- -r --------- -J Result
Motion to commissioner Francine Commissioner Bobby passesApprove
ix5i,""]r'*"r..r:_0. iion wiuiams
3. Motion to approve Housing and Community Development Department's (HCD's) request to provide Item
HOME funding to Sand Hills Urban Development (SHUD) to construct two (2) single family units. Action:
Approved
Motions
X:t:"t Motion Text Made By seconded By MotionrYPe Result
Motion to Commissioner Francine Commissioner Bobby passesApprove
illi,"#r".r".:_0. Jio,, wiuiams
4. Motion to approve Housing and Community Development Department's (HCD's) request to transfer 2021 ItemHOPWA funding from Community Development Improvement Corporation to CSRA Economic Action:
Opportunity Authority to provide service to residents in Aiken/Edgefield Counties, South Carolina. Approved
Motions
Motion Motion;::_^"- Motion Text Made By Seconded ByType Result
Motion to Commissioner Francine commissioner BobbvApprove approve. "^-:;
-- - ;r,;;;;: - J Passes
rurfttioo]r"pu.rer 3-0. Stoff williams
5. Motion to approve the minutes of the Administrative Services Committee held on October 25,2022. Item
Action:
Approved
Motions
Y:jti' Motion Text Made By seconded By Motion
Type ^'+vrtv, ^va! Result
Motion to
Approve ap""'"-
'- commissioner Francine commissioner Bobbv
vrSlio#pu...r 3-0. Scoft Williams ' rasses
6. Motion to approve a moratorium on select requests for personnel action, effective November 8,2022. Item
(Approved by Administrative Services Committee November 11,2022) Action:
Approved
Motions
Y:j*1'" Motion Text Made By seconded By fJjil'r'ype
Motion to Commissioner Francine Commissioner BobbvApprove approve. "^-:;------- ;;i,,:;: ----J Passes
*5,tt"#a"r."s 3-0. scoff williams
7. Recommendation of Award for RFP 22-1550 Classification and Compensation Study to The Segal Item
Company,Inc. Action:
Approved
Motions
Hj:' Motion rext Made By seconded By fJ.f;i,'rype
Motion to approve with the modifications of
changing the job classifications from 160 to rr^**:.^:^--- (,
Approve 260 andincluding the scope of services as commissioner commisstoner h
outlined in the RFp.
rc of services as Francine Scott Bobby williams Passes
Motion Passes 3-0.
www.auqustaga.gov
Administrative Services Committee Meeting
11/29/2022 1:20 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Administrative Services Committee
held on November 8, 2022.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
ATTACHMENT C
W.K. Dickson & Co., Inc. C-1 Revised 04-09-19
CONTRACT FOR SERVICES AMENDMENT NO. 3
ADDITIONAL SERVICES AUTHORIZATION
The following modifications to the contract (“Contract”) for Jamestown Park Improvement Project
20180064.00.AG dated February 26, 2018, between Augusta Georgia (CITY) and W.K. Dickson & Co., Inc.
(CONSULTANT) are authorized.
1. SCOPE OF SERVICES.
Project Understanding: The original project was scoped excluding electrical and lighting design.
These services were being provided by Georgia Power for the city. The CITY has requested that the
CONSULTANT provide electrical power service design and lighting design as an additional service
to the contract. The power supply metering and controls for the existing systems are unknown and
will need to be reviewed with maintenance staffing from the CITY to evaluate options for power
supply. The proposed design would include power supply coordination and electrical design to
provide power to the proposed restroom building, irrigation system and site lighting to include field
lighting, pedestrian walking track lighting and lighting for new basketball courts. The controls for
these will be centered in the utility room for the new restroom building. In late 2021, the CITY
requested assistance from the CONSULTANT to rebid the project a second time. The CONSULTANT
informed the CITY that this service was an additional service to the original contract.
Construction Bidding Services:
• Construction bidding services were provided for the second advertisement of the project,
by republishing bid documents to the Procurement Department for bidding and
participating in a Pre-Bid Meeting as a technical resource.
• Provided clarifications and related documents in addendum format to the Procurement
Department.
• Prepared conformed Construction Documents for Selected Contractor.
Concept Planning:
• The CITY will organize a site meeting to include representatives from Georgia Power,
Parks Maintenance Staff, the CONSULTANT and administrative project lead to review
existing conditions at the site and determine acceptable routing and controls for the
project. During this meeting items such as hours of service, access to controls, metering,
level of service and use of CITY supplied materials will be reviewed. The CONSULTANT
will summarize the findings of this meeting with minutes and provide to the team for
review and acceptance.
• Based on the findings of the CONSULTANT will develop an Action Plan and Concept
Plan for the lighting and electrical needs of the project. This will outline decisions that the
CITY will need to make and how design plans, permitting and coordination with Georgia
Power will take place.
• Upon concurrence by the CITY of the Concept Plan and Action Plan the CONSULTANT
will begin design development phase.
ATTACHMENT C
W.K. Dickson & Co., Inc. C-2 Revised 04-09-19
Design Development:
• The CONSULTANT will prepare plans and details and specifications necessary for
contractor or evaluate pricing for lighting additions and power feeds for lighting
additions to the contract by change order and the necessary building code and permitting
necessary for construction of the work. These plans will be coordinated with the CITY and
contractor at the 95% level to evaluate questions.
• Based on feedback from the CITY and contractor the design development additions will
be finalized and delivered in a sealed package for CITY and contractor use.
• It should be noted that building permits for this work will be the responsibility of the
contractor.
• Upon completion of this phase of work the CONSULTANT will develop a construction
change order for CITY and Contractor acceptance.
Construction Phase:
• The CONSULTANT will work with the contractor during the construction phase as
required by original contract scoping.
• The CONSULTANT will assist the CITY in the management of RFI’s and shop drawings
submittals. It is expected that the contractor will submit all electrical shop drawings for
review in one package.
• The CONSULTANT will assist in this manner for up to 3 RFI’s and 2 Shop drawing
packages. It is anticipated that this assistance will require no more than 8 hours of
assistance.
• The CONSULTANT will assist with final inspection and start up process and has allocated
one site visit to accomplish this task.
Deliverables:
• Concept and Action Plan Development Package
• Design Plans and Specifications Package for Construction
• Development of Construction Change Order for Contractor
Exclusions:
• Lighting Pole foundation design/recommendations (assumed to be provided by
manufacturer)
• Additional Construction Bidding Services (not provided, herein)
2. TIME OF PERFORMANCE. CONSULTANT’s time of performance for the above additional services
shall be dependent on several parties’ coordination of these matters. The CONSULTANT is
committed to the development of these items in a timely manner to facilitate project completion.
Remainder of Page Intentionally Left Blank
ATTACHMENT C
W.K. Dickson & Co., Inc. C-3 Revised 04-09-19
3. COMPENSATION. The total Contract lump sum is increased from $54,000.00 to $87,000.00.
The compensation for these additions will be as follows:
• Construction Bidding Service $3,500.00 lump sum.
• Concept Planning $12,000.00 lump sum.
• Design Development $15,000.00 lump sum.
• Construction Phase $2,500.00 lump sum.
All other terms of the Contract remain unchanged.
CITY: CONSULTANT:
CITY OF AUGUSTA W.K. DICKSON & CO., INC.
By: By:
Name: Name: William G. Wingate III, P.E.
Title: Title: Vice President
Date: Date:
t /* Lerrffal De4r'' 't'/r-'-4" Ron I-ampkin, Interim Director
Central Senrices Department
GIA Maria Rivera Rivera, Deputy Director
MEMORANDUM
Geri Sams, Director, Procurement Department
Central Seryices Department
2760 Peach Orchard Rd.
Augusta GA 30906
Phoner (706) 821-7174
TO:
FROM:
DATE:
SUBJECT:
,Lam gkinrJ nterim Ilirecto r, Central Services Department
,2022
Change Order Request
In accordance with Augusta, GA policies and procedures we are requesting to have purchase
order POI 8REC4I 5 amended.
Pr.uchase order PO18REC415 needs to be amended in the amount of $33,000.00 for lighting
design of Jamestown Town Park. This project is to add lighting to the Jamestown park
lmprovement project. This new lighting will be used to light the new basketball courts, walking
track, playing field and walkways. The 533,000.00 is for w.K. Dickson to perform concept
development, design development, and construction phase services.
This is absolutely necessary to achieve the desired results to complete this project. This measwewill also provide benefits beyond the original target goal.
The effect on Schedule: N/A
The effect on Quality: Positive/Required
The effect on Scope: Positive/Required
Change Order Proposal: Attached
. Original Purchase Order Amounto Revised Purchase Order Amount
Your assistance would be greatly appreciated.
Ron Lampkin
Maria Rivera Rivera
$54,000.00
$87,000.00
Cc:
Administrative Services Committee Meeting
11/29/2022 1:20 PM
2022 - Jamestown Park - RFP 17-276 / PO # 18REC415
Department:Central Services
Presenter:Ron Lampkin
Caption:Motion to approve Amendment 3 from W.K. Dickson in the amount of
$33,000.00 for lighting design of Jamestown Park and approve the
reallocation of $205,000.00 from Fleming Tennis Center SPLOST 6
account to SPLOST 6 Jamestown Park account. Reference ITB 17-276 /
PO # 18REC415
Background:This project is to add lighting to the Jamestown Park Improvement
project. This new lighting will be used to light the new basketball courts,
walking track, playing field and walkways. The $33,000.00 is for W.K.
Dickson to perform concept development, design development, and
construction phase services. The reallocation of funds from the Fleming
Tennis Center account will be used to fund the design and construction of
the lighting for Jamestown Park.
Analysis:Central Services recommends approval of Amendment 3 from W.K.
Dickson for lighting design of Jamestown Park Improvement and
reallocation of SPLOST 6 funds of Fleming Tennis Center to Jamestown
Park.
Financial Impact:Recapture SPLOST funds, as indicated, totaling $205,000.00 from
Fleming Tennis Center SPLOST 6; GL: 329-06-1110 JL: 218-05-7126
into SPLOST 6 Jamestown Park that has a balance of $47,503.00 creating
a project budget of $252,503.00.
Alternatives:(1) Approve Amendment 3 with recaptured funding; (2) Do not approve
Amendment 3 with recaptured funding
Recommendation:Motion to approve Amendment 3 from W.K. Dickson in the amount of
$33,000.00 to be funded by the reallocation of SPLOST 6 funds of
Fleming Tennis Center in the amount of $205,000.00.
Funds are Available in
the Following
Accounts:
Recapture SPLOST funds, as indicated, totaling $205,000.00 from
Fleming Tennis Center SPLOST 6; GL: 329-06-1110 JL: 218-05-7126
into SPLOST 6 Jamestown Park that has a balance of $47,503.00 creating
a project budget of $252,503.00.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Purpose:
Sec. 1-10-58. Annual contracts.
Local Vendors 2022 Amounts Budget Comments
23-020 YES $38,126.25 $207,230.00
23-037 YES $75,000.00
23-048A No $30,000.00
23-049 YES $50,000.00
23-053 No $143,134.39 $20,000.00
23-099 NO $13,700.00 $90,000.00
23-105 No $40,000.00
23-116 YES $25,000.00
23-117A YES $30,000.00
$567,230.00
PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS
Fortiline Waterworks
Total
Sec. 1-10-58. Annual Contracts.
Sec. 1-10-48. Generally.
The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities,
services and construction products for Augusta, Georgia. The seven methods are:(1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5)
sole source, (6) emergency procurement and (7) annual contracts.
A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment
parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for each public tax
dollar spent. A proven technique for obtaining this goal is through the annual bid contract process,
Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services
under such annual contract as needed up to the maximum amount approved in the annual bid.
Welding &
Fabrication Sector One
Street Light Poles &
Fixtures Greybar Electric Supply
Thermoplastic Traffic
Marking Crown Usa Inc
Roll-Off Recycling &
Storage Containers-
Street Light Ballast Kits
& Bulbs Greybar Electric Supply
Purchases on the following annual bid items will exceed $25,000.00 per order:
Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using
Purchases on the following annual bid items will exceed $25,000.00 per order:
Description Recommended Vendors
Engineering and Environmental Services
Lewis Steel Works
Various Pipes,
Couplings, and End
Sections
Concrete Georgia Carolina Concrete
Weed & Vegetation
Control Naturchem
Pipe & Fittings Ferguson Waterworks
Administrative Services Committee Meeting
11/29/2022 1:20 PM
2023 Annual Bid Recommendation - Third Cycle
Department:Procurement
Presenter:Geri Sams
Caption:Motion to approve the following annual bid item due to annual purchases
for this bid is estimated to exceed $25,000.00. Annual Bid Item for
Engineering and Environmental Services:
23-020 Concrete
23-037 Street Light Poles & Fixtures
23-048A Weed & Vegetation Control
23-049 Street Light Ballast Kits & Bulbs
23-053 Welding & Fabrication
23-099 Thermoplastic Traffic Marking
23-105 Roll-Off Recycling & Storage Containers
23-116 Various Pipe, Coupling & End Sections
23-117A Ferguson Waterworks Engineering Department The
recommendation of award is for one (1) year with the option to extend for
one (1) additional year upon mutual consent of both parties.
Background:The item(s) were bided through the sealed bid process as required in the
Augusta Procurement Code. The User Departments have reviewed the
submittals and has presented a recommendation of award to the
Procurement Department.
Analysis:1 vendor responded. Georgia Carolina Concrete submitted the lowest most
responsive bid. The request is to award Bid Item # 23-020 to Concrete. 2
vendors responded. Graybar Electric Supply submitted the lowest most
responsive bid. The request is to award Bid Item # 23-037 to Street Light
Poles & Fixtures. 2 vendors responded. Naturchem submitted the lowest
most responsive bid. The request is to award Bid Item # 23-048A to Weed
& Vegetation Control. 3 vendors responded. Graybar Electric Supply
submitted the lowest most responsive bid. The request is to award Bid
Item # 23-049 to Street Light Ballast Kits & Bulbs. 1 vendor responded.
Sector One submitted the lowest most responsive bid. The request is to
award Bid Item # 23-053 to Welding and Fabrication. 3 vendors
responded. Crown USA Inc. submitted the lowest most responsive bid.
The request is to award Bid Item # 23-099 to Thermoplastic Traffic
Marking. 4 vendors responded. Lewis Steel Works submitted the lowest
most responsive bid. The request is to award Bid Item # 23-105 to Roll-
Off Recycling & Storage Containers. 1 vendor responded. Fortiline
Waterworks submitted the lowest most responsive bid. The request is to
award Bid Item # 23-116 to Various Pipes, Couplings, and End Sections. 1
vendor responded. Ferguson Waterworks submitted the lowest most
responsive bid. The request is to award Bid Item # 23-117A to Pipe &
Fittings.
Financial Impact:The individual departments are responsible for the purchases of the items
listed on the individual bids. Purchases will be made on an as needed
basis.
Alternatives:Not to award and make purchases per the Augusta Procurement Code.
Recommendation:The Procurement Department recommendation is to Approve as submitted
by the User Department and award the Annual Bid(s).
Funds are Available in
the Following
Accounts:
User Departments are responsible for individual purchases on their annual
bids on an as needed basis.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Administrative Services Committee Meeting
11/29/2022 1:20 PM
Milledge Murray
Department:
Presenter:Milledge Murray
Caption:Consider a request from Mr. Milledge Murray on behalf of the Heritage
Committee of the Arts and Heritage Center of North Augusta.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
STATE OF GEORGIA )
) LEASE AGREEMENT
RICHMOND COUNTY )
THIS LEASE AGREEMENT, made this ____day of November 2022 by and between MURRAY REAL
ESTATE, INC. (hereinafter referred to as "Lessor") and AUGUSTA, GEORGIA, a political subdivision of
the State of Georgia (hereinafter referred to as "Lessee");
WITNESSETH:
1. Premises: The Lessor, for and in consideration of the rents, covenants, agreements, and stipulations
hereinafter set forth, to be paid, kept, and performed by the Lessee, does hereby lease unto the said Lessee,
and said Lessee hereby agrees to lease and take upon the terms and conditions which hereinafter appear,
the following described property: Property located at the southeast corner of 4th Street and Walton Way,
175 feet by 398.77 feet - 175 feet along 4th Street and 398 feet along Walton Way, 110 x 175 on Taylor
Street. Tax map 047-4-465-00-0 and being known as 324 Walton Way, Augusta, Georgia (hereinafter
referred to as the "Premises").
2. Term: The term of this Lease shall begin on the 1st day of January 2023 and, subject to the option
to renew set forth in this paragraph 2, shall end on the 31st day of December 2023, at midnight, unless
sooner terminated by either Lessor or Lessee as herein provided. The parties may renew this Lease for one
or more additional one-year terms (each to commence on January l, and end at midnight on December 31st,
of the applicable calendar year) by written agreement executed by each party no later than the 30th day
immediately preceding the end of the term being so renewed.
3. Rental: Tenant shall pay to Landlord during the term of this Lease a monthly rental payment in the
amount of $3,967.00 payable on the first day of each month of the Lease term. In the event this Lease is
renewed on an annual basis after the initial term, the rent for each annual renewal will increase three (3%)
percent.
4. Use of Premises: The Premises shall be used for office buildings and for no other purpose without
the advance written consent of Lessor. The Premises shall not be used for any illegal purpose; nor in any
manner to create any nuisance or trespass; nor in any manner so as to invalidate the insurance or increase
the rate of insurance on the Premises.
5. Destruction of or Damage to Premises: If the Premises are totally destroyed by storm, fire, flood,
lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destru ction.
6. Assignment and Subletting: Lessee may not sublease all or any portion of the Lease Premises or
assign this Lease or any interest hereunder without the prior written consent of the Lessor.
7. Signs: Any and all signs placed on the Premises by Lessee shall be maintained in compliance with
rules and regulations governing such signs and the Lessee shall be responsible to Lessor for any damage
caused by installation, use, or maintenance of said signs, and Lessee agrees upon removal of said signs and
to repair all damages incident to such removal.
8. Repairs. Alterations and Additions: If any repairs to the improvements located on the premises
covered by this Lease are required during the term of this Lease, the cost of same shall be paid by Lessee.
Any and all repairs, alterations, and additions made to the Premises hereby leased by the Lessee, shall be
and remain a part of said Premises hereby leased by the Lessee, and shall be surrendered to the Lessor by
the Lessee at the expiration of the term of this Lease (except to that of the Building which is owned by the
State Court of Richmond County). Any alterations or additions to the Premises and any repairs, which may
affect the physical appearance of the Premises, shall not be made without the advance written approval of
the Lessor. Any and all repairs, alterations, and additions to the Premises shall be performed in a good and
workmanlike manner using new materials and equipment and in compliance with all safety codes and
regulations. In the event that any repairs, additions, alterations or improvements are made by the Lessee
after obtaining the written consent of the Lessor through a contractor, the Lessee agrees that it will closely
supervise such work and see that all laborers and materialmen are promptly paid so that no lien will accrue
or be filed against the Premises; and in the event that the Lessee hires laborers and/or purchases material
itself for the improvement of the Premises, it will promptly pay all charges for such labor and materials
when the same become due so that no liens will accrue or be filed against the Premises and no claim can
be asserted against Lessor for such payment. Lessor shall have the right to call upon the Lessee for a
statement or other information concerning the payment of any contractor, laborer and/or materialman who
may have furnished labor or materials for the improvement on the Premises and Lessee covenants and
agrees that it will immediately give full information in regard to all such to the Lessor upon demand. Lessee,
however, shall have the right to remove Lessee's real and personal property in the nature of the building,
trade and/or business fixtures from the Premises at the expiration of this Lease.
9. No Estate in Land: This contract shall create the relationship of Lessor and Lessee between the
parties hereto and no estate shall pass out of Lessor.
10. Holding Over: If Lessee remains in possession of Premises after expiration of the term hereof:
with Lessor's acquiescence and without any express agreement of parties, Lessee shall be a tenant at will at
the rental rate in effect at the end of this Lease; and there shall be no renewal of this Lease by operation of
law.
11. Exculpation and Indemnification: The Premises are being leased to Lessee "AS IS", and Lessee
accepts said Premises in its present condition and acknowledges that it has inspected the same and found
the Premises to be suitable for its intended use. It is an express condition of this Lease Agreement that,
except when caused solely by its negligence, Lessor, its officers, agents, and employees, shall be free from
claims, debts, demands, liabilities, or causes of action of every kind or character, whether in law or in
equity, by reason of any death, injury, or damage to any person or persons or damage or destruction of
property or loss of use thereof, whether it be the person or property of Lessee, its invitees, licensees, agents,
or employees, or any third persons, from any cause or causes whatsoever arising from any event or
occurrence in or upon the Premises or any part thereof or otherwise arising from Lessee operations under
and indemnify and save harmless the Lessor, its officers, agents, and employees, against and from any and
all such claims, demands, debts, liabilities, and causes of action (other than those caused solely by Lessor's
negligence) including reasonable attorney's fees and costs to be incurred by Lessor in defending same.
Lessee specifically agrees that its operations shall be conducted in compliance with all federal state, and
local environmental laws, rules and regulations and agrees to indemnify and hold harmless Lessor from and
against all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses
(including all costs for investigation and defense thereof, including but not limited to court costs, expert
fees and reasonable attorneys' fees) which may be incurred by, charged to or recovered from the foregoing
(i) by reason or on account of damages to or destruction of the property of Lessor, or any property of, injury
to or death of any person, resulting from or arising out of Lessee's use of the premises (except when such
damages, destruction, injuries or death arise solely by reason of Lessor's negligence), or (ii) arising out of
the failure of Lessee to keep, observe or perform any of the agreements or conditions of this Agreement.
Lessee will refer to Lessor promptly upon notice thereof, any claim made or suit instituted against it which,
in any way, affects Lessor or its insurer, and either Lessee shall defend or compromise same following
notice from Lessor, then Lessor shall have the right to compromise and defend the same to the extent of its
interests, with all costs to be borne by Lessor.
12. Rights Cumulative: All rights, powers and privileges conferred hereunder upon Lessor shall be
cumulative but not restrictive to those given by law.
13. Service of Notice: Any notice, demand, request, approval, consent, or other communication
(hereinafter referred to as "notice"), which Lessor or Lessee may be required to permit to give to each other
shall be in writing and shall be mailed in an official United States Post Office, certified or registered mail,
return receipt requested, with adequate postage prepaid, to the other party at the address as each party as
designated in this Lease or shall have changed by proper notice in writing to the other. Such addresses are
as follows:
Lessor (via mail): MURRAY REAL ESTATE, INC.
P.O. BOX 1866
AUGUSTA, GEORGIA 30903
Lessor (via personal service): 496 LANEY WALKER BLVD
AUGUSTA, GA 30901
Lessee: AUGUSTA, GEORGIA ADMINISTRATOR
535 TELFAIR STREET, SUITE 910
AUGUSTA, GEORGIA 30901
With Copy to: AUGUSTA, GEORGIA MAYOR
535 TELFAIR STREET, SUITE 200
AUGUSTA, GEORGIA 30901
AUGUSTA, GEORGIA LAW DEPARTMENT
ATTN: GENERAL COUNSEL
535 TELFAIR STREET, BUILDING 3000
AUGUSTA, GEORGIA 30901
CHIEF JUDGE
STATE COURT OF RICHMOND COUNTY
735 JAMES BROWN BLVD., SUITE 4102
AUGUSTA, GEORGIA 30901
If notice is not an answer or reply to a previous notice from the other party, the time of the rendition of such
shall be the date when the receipt is signed, refused, or returned unclaimed. If the notice is an answer or
reply to a previous notice from the other party, the time of rendition of such shall be the date postmarked
by the United States Postal Service. In the event of a postal strike or other interference with the regular
delivery of mail, notices may be served in person in lieu of certified or registered mail, and shall be effective
upon receipt.
14. Waivers of Rights: No failure of Lessor to exercise any power given it hereunder or to insist upon
strict compliance by Lessee with any of its obligations hereunder and no custom or practice of the Lessor
at variance with the terms hereof shall constitute a waiver of Lessor's right to demand strict compliance
with terms hereof.
15. Time of Essence: Time is of the essence of this Agreement.
16. Utility Bills: Lessee shall pay all utility bills, including, but not limited to, water, stormwater fees,
sewer, gas, electricity, fuel, light, and heat bills for the Premises, and Lessee shall pay all charges for
garbage collection or other sanitary services.
17. Taxes: Lessor shall pay all property taxes legally assessed against the property and person property
located on the Premises for that period of time Lessee occupies the Premises.
18. Open Records: The Lessor acknowledges that all records relating to this Agreement and the
services to be provided under this Agreement may be a public record subject to Georgia's Open Records
Act. (O.C.G.A. § 50-18-70, et seq.). Lessor shall cooperate fully in responding to such request and making
all records, not exempt, available for in section and copying as provided by law. Lessor shall notify Lessee
immediately of any request made under the Open Records Act and shall furnish Lessee with a copy of the
request and the response to such request.
19. Governing Law: This Agreement shall be governed and interpreted by the laws of the State of
Georgia.
20. Venue: All claims, disputes and other matters in question between the Lessor and the Lessee arising
out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. The Lessee, by executing this Agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the Superior Court of Richmond County,
Georgia.
21. Entire Agreement: This Lease contains the entire agreement of the parties and no representations,
inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be
of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon
strict compliance by either party of any obligations hereunder and no custom or practice of the parties at
variance with the terms hereof. This Agreement may only be amended by writing signed by both parties.
22. Breach:Upon the failure of Lessee to observe or comply with any of the provisions of this
Agreement, Lessor may immediately terminate this Agreement and institute such actions necessary to
recover the property and evict Lessee.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and
year first above written.
MURRAY REAL ESTATE, INC. AUGUSTA, GEORGIA
Lessor Lessee
By: By:
Print: Grey B Murray, Sr., President Print: Hardie Davis Jr., Mayor
Sworn to and subscribed before me this Sworn to and subscribed before me this
____ day of ________________, 2022. ____ day of ________________, 2022.
Attest:
Lena Bonner, Clerk of Commission
Administrative Services Committee Meeting
11/29/2022 1:20 PM
Land lease for 324 Walton Way for use by Probation Services
Department:Administrator's Office
Presenter:Takiyah A. Douse
Caption:Motion to approve a one-year lease with Murray Real Estate, Inc. for
property at 324 Walton Way utilized for Misdemeanor Probation
Services.
Background:On May 14, 2019 the Augusta, Georgia Commission approved award of
RFP 19-180 for Misdemeanor Probation Services to CSRA Probation
Services Inc. Staff negotiated a contract for an initial two-year period,
followed by three one-year renewal options, to lease and operate a
probation facility located at 324 Walton Way.
The original land lease with Murray Real Estate, Inc for this property ran
from July 2016 through June 2021. The updated proposed land lease shall
run in conjunction with the CSRA Probation Services contract and is set to
begin on the 1st day of January 2023 and end on the 31st day of December
2023, at midnight, unless sooner terminated. The land lease may be
renewed for one or more additional one-year terms that would run in
conjunction with approved extensions of the probation services (each to
commence on January l, and end at midnight on December 31st, of the
applicable calendar year).
Analysis:Approval of the land lease is needed in conjunction with the approval of
the Misdemeanor Probation Services contract and associated facility lease
with CSRA Probation Services, Inc.
Financial Impact:The monthly land lease cost of $3,967.00 is off set by the facility lease
payments received from CSRA Probation Services.
Alternatives:Do not approve the land lease nor the misdemeanor probation services
contract and associated facility lease.
Recommendation:Approve a one-year lease with Murray Real Estate, Inc. for property at 324
Walton Way utilized for Misdemeanor Probation Services.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Administrative Services Committee Meeting
11/29/2022 1:20 PM
Misdemeanor Probation Services Contract and Facility Lease Extension 2 of 3
Department:Administrator's Office
Presenter:Takiyah A. Douse
Caption:Motion to approve the second one-year renewal of the Misdemeanor
Probation Services contract and associated facility lease with CSRA
Probation Services, Inc.
Background:On May 14, 2019, the Augusta, Georgia Commission approved award of
RFP 19-180 for Misdemeanor Probation Services to CSRA Probation
Services Inc. Staff negotiated a contract for an initial two-year period,
followed by three one-year renewal options, to lease and operate a
probation facility located at 324 Walton Way.
Analysis:The first of the three (3) one-year renewal options expires December 31,
2022. All parties agree with the request for the Commission to approve
this second renewal option for one (1) additional year to expire on
December 31, 2023.
Financial Impact:Fines and Fees collected through CSRA Probation Services on behalf of
Richmond County are remitted to the Clerk of Court's Office for
distribution to the appropriate agencies. The Facility Lease payments are
$4,166.67 monthly and off set maintenance costs and land lease payments.
Alternatives:Do not approve the misdemeanor probation services contract and
associated facility lease nor the land lease.
Recommendation:Approve the second one-year renewal of the Misdemeanor Probation
Services contract and associated facility lease with CSRA Probation
Services, Inc.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
ADP SmartCompliance@ Proposal
FINANCIAL DETAILS: Augusta-Richmond County
Client agrees that there maybe an additional charge for processing any corrected ACA Reporting Forms, provided
such correction is not directly related to an ADP error or omission.
Billing.for Health Compliance will begln on the date Heath Compliance is available for use by CLIENT. The billingcount is based on all lives in the database that are marked as elther Active or Leave.
Promotion:
One month free (month 2). Deal must be closed by November L7, ZO22 to qualify.
m
Always Designing
for People'
O ADP CONFIDENTIAL & PROPRIETARYADP, the ADP logo, ADP Smartcompliance and Always Desagning for People are trademarks ot ADP, lnc. Copyrighto 2019 ADP, lnc. All rights reserved.
-AcAlRSForms1094-C/1095.cfurnishingtoemployees(Forms1o95-c)ano
1 094-C1 095-C); postage
2017-2019 IRS Transmission
2022 IRS Transmission + Forms
Nor€mbor 7, An2
Augutt.fik$mond County
530 Gocrp St, Rm 601
Augusra, GA 8090i*a480
DearAnltr Roolad:
:::.iliH r:J' "ffi :hffi ;TJf#, Hffi :ffi.#;rdn ..ilccs to &Eus,r {.hmon cou ntylsvlal {rccm€flt or vL rn em.ndm,ir,^; --:_:-_ lFebruaryr,zoaa1**";;,ffiff"*,nrurx#xm#;ftift*Hfffi,trff
;ffi1T,Infi3::ff,ffiffi; * ,;;; ;;..rv rmpromo,bron scr up lrMcor .! ,sbr, rn rh€ prrdns ..rccd ror
ffiprocauing $rvices or scc.ss lo rollwarc rrat tr ttccril fom eOp.
cllent agrccs to pey Aop 't thc p'ldng t't,onh bcow in accod.rce wrth ADpt rhndent uilhg procodurst (o, luch othcr r.bsa',d Foced,"o6 as ral brlh h thc Agrcoman') t *r.r, ,"ndsrc.r .rd rcrsm.bra t a*r .nprn. hqfied undcr rhb Lor. suchprlclng b @nd,tbn.t upon ctianfs cxeqruon or
"n eg;;.r,t. prymonl shll b€ due g0 dayr f?om inyolcs drt .rhis Lol may b! lcrmlnstod by etthcr pao on ro dsys prror wdtten noricc to rhc othor parry.Nottnhlt8t.oiry rryhhg to the cont'ry horrn, * iJ",r"nt O ca,,", paily b'mhan, hb LOt br any rcason or ([) prrtcs ar.unaue to rcach good fanh alrccm€il wtn, ,.tpcd to the Agreemcnt by tho dab set brfi abovo, a, lbcr and €xp.nser br ,"Mcecp'ov{ded prior to thc dab of tetmlndon rhall 0"""r* rrrncdratdy du€ snd ,.ri,". sucrr 6m9unts smr oe cahuterctr bymdUpMrE the edurt houn incurgd by ADp (prior to tormlmtion) by S9i.(X) p* ni* UL .ctuat rxpenses hcurad.firr"i:iiffiffiH:"T#ffit-"lltir#"Ltg#,ng,p mecopvtoJonrthrn Frnr arron rhan.r,*@edp.com.
SirE€rsly,
ADP, lnc.
Jonethan Flnk
Coryoratc SCer Manager, Complianoc Solullons
,mathen.frnI@adp.com
ADP Proprierary and Conflderttial
AUgusts-Richmond courrty 03^2022-147341_ 6
AccEprED ArD AGREED ,o, 0F
Cliont:
By:
Mnu:
Ti0e:
Dab:
Page 1 of 2
Financial Details
Service and Fee Schedule
Augusta-Richmond County
FINANCIAL DETAILS
Billing for Health compliance will begin on the date Heath compliance is available for use by cllENT. The billingcount is based on all lives in the database that are marked as either Active or Leave.
Client agrees that there maybe an additional_charge for processing any corrected ACA Reporting Forms, providedsuch correction is not direcfly related to an ADp eiror or omission.
Promotion:
one month free (month 2). Deal must be closed by November 16,2022, to qualifo.
Client shall pay ADP for the above services based on Client's actual quantities or usage.
No Additional Pricing lnformatiorr Follows
ADP Proprietary and Conficlenlial
Augusta-Richmond County 03-2AZZ-.147341- I
-ACA IRS Forms 1094-C/109S-C
1 094-C1 095-C); postage to employees (Forms 1 transmission to IRS (Forms
2017,2018,2019
Page 2 of 2
Administrative Services Committee Meeting
11/29/2022 1:20 PM
Affordable Cares Act Compliance Mandates
Department:HR Department
Presenter:Anita Rookard
Caption:A motion to approve the Human Resources Department to enter into a
third-party agreement for the Affordable Cares Act (ACA) Compliance
requirements.
Background:Augusta is a self-funded health insurance employer. Accordingly,
Augusta is required to maintain compliance for the Affordable Cares Act.
Under the ACA's employer mandate, employers that decide to offer
affordable essential health coverage to full-time employees must do so for
all employees who are regularly scheduled to work an average of 30 or
more hours per week and for their dependents up to the end of the month
in which they turn age 26 or be subject to penalties. In doing so, H.R. is
requesting approval to enter into a Contractual Agreement with ADP as a
Sole Source provider. As Augusta is a self-funded health insurance
employer, this third-party agreement will provide Augusta with the
resources to properly train staff on regulatory compliance requirements.
Analysis:ADP offers smart compliance for ACA which will streamline workflows
and reduce IT cost; reduce the risk of non-compliance issues; identify and
resolve ACA compliance issues each month-long well before IRS
reporting is required. A third-party agreement with ADP is recommended
as they offer the required services needed for Augusta for implementation,
integration, software, and training to assist Augusta with current and
future, full compliance; it is essential for Augusta to move forward with
initiating implementation and integration of the proper software.
Financial Impact:The total cost is $50,700.00. This Proposal covers Compliance and
Transmission for 2022 and 2023 data as well as assistance to resolve
outstanding issues with prior year transmissions.
Alternatives:Not recommended -to continue to process in-house placing Augusta at risk
for non-compliance.
Recommendation:Approve entering an agreement with ADP. As a third party provided of
ACA compliance services, ADP is equipped with subject matter expertise
and an established methodology to assure client compliance. Should the
Commission approve the Human Resources Department to move forward
with an Agreement today, prior to signing the Agreement with ADP, it is
requested the Augusta Law Department review and approve the
Agreement before final signature.
Funds are Available in
the Following
Accounts:
To be determined by the Finance Department.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Finance.
Law.
Administrator.
@r"rrrr"rr*rrtqgb.fr"*rr,
%. @"*@o^t, qt*ar"
LETTER OF TNTENT TO PURCHASE TWO (2) VEHICLES FROM WADE FORD, lNC.
This letter of intent dated, November L7,2022, is to inform you that the Central Services Department -
Fleet Management Division has concluded that we intend to purchase: two (2) 2023 Ford Explorers for
our Housing and Community Development Department and the 911 Center.
The specific specifications and pricing information for this purchase is attached.
1. Buver: Augusta, Georgia -Centralservices Department: Fleet Management Division
2. Seller: Wade Ford, lnc, Government Sales Center: 3850 S Cobb Dr., Smyrna, GA 30080
3. Vehicle Purchase Price: S16,6ss.00 each
A purchase order will be provided upon the approval of the Augusta, Georgia Commission.
Respectful ly submitted,
Director of Procurement
Attachments: Vehicle Purchase Price /Specifications
Room 605 - 535 Telfair Street, Augusta Georgia 30901
(7A6\821-2422 - Fax (706) 821-281 1
\\ \\'\! . it u qustagli. g()\,
Register at www.demandstar.com/suppl ier lbr autolnatic bid notifi cation
EI*ffiE scan this QR cooe wrln vour
ffi ilili:"ff,[:"fl:'ffi:HJ"";,"
Prepared by: Roger Moore
10110t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 30080
2023 Explorer 4dr 4x2 Base (K7B)
Price Level:320
Pricing Summary - Single Vehicle
Vehicle Pricing
Base Vehicle Price
Options
Colors
Upfitting
Fleet Discount
FuelCharge
Destination Charge
trisRP
$36,760.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1,495.00
Subtotal
Pre-Tax Adjustments
Code
GPC
Descrlptlon
Ford Govemment Price Concession
$38,255.00
[ISRP
-$1,600.00
Total I have several of these
in the order system. How
many do you need?
Roger Roger A. ffi#i+#
Moore EHffi*kg'
Customer Signature Acceptance Date
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See
salespe!'son for the most current information.
1
Prepared by: Roger Moore
1011012022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 30080
2023 Explorer 4dr 4x2 Base (K7B)
Price Level:320
As Configured Vehicle
Code Description MSRP
Base Vehicle
K7B
Packages
100A
Powertrain
99H
447
Base Vehicle Price (K7B)$36,760.00
Equipment Group 100A
lncludes:
- Engine: 2.3L EcoBoost 14
I nclude s auto slarl-slop technology.
- Transmission: 1 O-Speed Automatic
- 3.58 Non-Limited-Slip Rear Axle Ratio
- GVWR: TBD
- Tires: P255/65R18 AS 8Sl,Y
lncludes mini spara.
- Wheels: ,8's-Spoke Silver-Painted Aluminum
N/C
- Cloth Captain's Chahs
lncludes &-way power driver's sesl with power function for tilt and recline, 4-way manualftont
passenger seat with fore/afr and recline and 2-way manually adjustable driver and front passenger
head restraints.
- Radio: AM/FM Stereo
lncludes MP3 capability,6 speakers, speed-compensated volume and SiiusXM with a 3 monthprepaid subscription. Seruice is not available in Alaska and Hawaii. All SiriusxM sevices require a
subsciption, sold separately by SiriusXM after the tial period. Your SiriusXM service will
automatically stop at the end of yout trial unless you decide to subscnbe. lf you decide to continue
sevice, the subscription plan chosen will automatically renew and be charged according to your
chosen paymant mathod at the then-cunenl rates. Fees and taxes apply. See the SiiusXM
Customer Agreement & Pivacy Policy at httpslrawww.siiusxm.com/ www.siriusxm.com for full
terms and how to cancel, which includes online methods or calling 1-866-635-2349. Available in the
48 contiguous United States, D.C., and Puerto Rico (with coverage limits and capable receive).
Visit httptrtvww.siriusxm.com/FAQS for most currenl service area information. Availabil$ of some
seryices and features rs sub/bc, to device capabilities and location rest cfions. All fees, content and
features are subjecl to change. SiriusXM, Pandora and all related logos are trademarks of Srnus
XM Radio lnc. and its respective subsldianes.
- FordPass Connect
lncludes 4G LTE Wi-Fi holspol connects up to 10 devices wilh wireless data trial that begins upon
AT&T activation and expires at lhe end of 3 months or when 3GB of data is used, whichevet comes
first, but cannot extend beyond the trial subsciptian period for remote features. To activate, go to
www.atl.comlford, remotely starl, lock and unlock vehicle, schedule specilic times to remotely stan
vehicle, locate parked vehicle and check vehicle status (FordPass Connect, the Ford Pass App.,
and Complimentary Connected Services are required for remote features (see FordPass tenns for
details). Connected Seruice and features depend on compatible AT&T network availability. Evolving
technology/cellular networks/Vehicle capability may limilfunctionality and prevent operation of
connected features. Connecfed seruices excludes W-Fi hotspot.). Note: Ford Telematics and data
seruices prep included for fleet only: FordPass Connect 4G Wi-Fi modem provides data to supporl
telematics and data services including but not limited to vehicle l&ation, speed, idle time, fuel,
vehicle diagnostics and maintenance a/errs. Davice enables telematics servrbes through Ford or
authoized providers- Activate at www.fleet.ford.com or call 833-FCS-Ford. (833-327-3673).
- SyNC 3 Communicalions & Enteftainment System
lncludes enhanced voice recognition, 8' LCD capacitive touchscreen in center stack with swipe
capability, AppLink,9r, Asslsl, Apple Car Play and Android Aulo compatibility and 1 "A" and 1 'C'
USB ports in the media hub.
Engine: 2.3L EcoBoost 1.4
I nclude s a uto staft - stop technology.
Transmission: 1 O-Speed Automatic
lncluded
lncluded
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from lhis estimate because of special local pricing, availability or pricing
salesperson for the most current information.
ad.lustments not reflected in the dealer's computer system. See
2
Prepared by: Roger Moore
10110t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna ceorgia 130080
2023 Explorer 4dr 4x2 Base (K7B)
Price Level: 320
As Configured Vehicle (cont'd)
Code Description MSRP
STDAX
STDGV
Wheels & Tires
STDTR
STDWL
Seats & Seat Trim
7
Other Options
PAINT
119W8
STDRD
3.58 Non-Limited-Slip Rear Axle
Ratio
GW/R: TBD
Tires: P255/65R18 AS BSW
lncludes mini spare.
Wheels: 1 8" S-Spoke Silver-Painted
Aluminum
lncluded
lncluded
lncluded
lncluded
Cloth Captain's Chairs lncluded
lncludes $-way power drivels seat with power function for tilt and rectine, 4-way manual frontpassonge/ seal with fore/aft and recline and 2-way manually adjustable diver 6nd front passenger
head restnints.
Monotone Paint Application STD
1l9.1'Wheelbase STD
Radio:AM/FM Stereo tnctuded
lncludes MPs capability,6 speakers, speed-compensated volume and SiiusXM with a 3 monthprepaid subsciption. Service is not available in Alaska and Hawaii. All ShiusXM seNices require asubsciption, sold separately by SiiusXM afrer the tial peiod. Your SrirusXM seruice will
automdtically stop at the end of your tial unless you decide to subscnbe. lf you decide to continueservice, the subsciption plan chosen will automatically renew and be chargbd according to your
chosen paymenl method at the then-current rates. Fees and laxes apply. See the SiriusXM
Customer Agreement & Privacy Policy at hftpsl/www.siiusxm.com/'viviw.siiusxm.com for fullterms and how to cancel, which includes online methods ot cailing 1-866-635-2349. Available in the
lQ gontigqgus United Srales, Q.C- and Puerto Rico (with coverage limits and capable raceiver).
Visit httpllvvww.siriusxm.con{FAQS for most curreni service areZ information. Availability of someservtbes and faatures is subject to device capabilities and location restnctlons. All fees, iontent andfeglules are subject to change. SiiusXM, Pandora and all related logos are trademarks of SirusXM Radio lnc. and its respective subsidiaries.
lncludes:
- FordPass Connect
llglvdes 4G LTE Wi-Fi hotspot connects up to 10 devices with wireless data trial that begins upon
AT&T activation and expires at the end of 3 months or when 3GB of data is used, whicheier comes
first, brtt cannot exlend beyond lhe tial subsciption period for remote features. To activate, go towww.att.comlford, remote.ly stafl, lock and unlack vehicle, schedule specr,ic tlmes to remotely stadvehicle, locate parked whicle and check vehide status (FordPass Connect, the Ford Pass App.,and Complimentary Connected Seruices are required for remote faatures (see FordPass terms fordetails) Connected Seruice and features depend on compatible AT&T netwo* availability. Evolvingtechn6logy/cellular networksfuehicle capabiiity may limit iunclionality and prevent operatbn of
connected features. Connected services excludes W-Fi hotspot.), Note. Fod Telematics and data
services prep included for fleet only: FordPass Connect 4G Wi-Fi modem provides data to suppoiltelematics and data seryrces including bul not limited to vehicle location, speed, idle time, fuel,
vehicle diagnostics and maintenance alefts. Davice enables telematics services through Ford orauthoized providers. Activate at www.fleet.ford.com or call833-FCS-Ford. (833-327-3673).
- SyNC 3 Communications & Entertainment System
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of specia! local pricing, availability or pricing adiustments not reflected in the dealer's computer system. See
salesperson for the mosl cunent information.
3
Prepared by: Roger Moore
10t10t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 3OOg0
2023 Explorer 4dr 4x2 Base (K7B)
Pdce Level:320
As Configured Vehicle (cont'd)
Code Description MSRP
lncludes enhanced voice recognition, 8" L_CD capacitive touchscreen in center stack with swipe
9a.p9bility, 4ppLink,9.1.1 Assist,-Appte Car ptay aitd Anaroa auio iiipitiii'ij aiJT "A;'and 1 ,C,
USB ports in the media hub.
Emissions
42s
lnterior Color
7N_01
Fleet Options
YZ 02
50 State Emissions System STD
Flexible. Fuel.Y-el,ctg (FFV) system is standard equipment for vehicles with the3.31T|-VCT V6 FFV engine. -
Sandstone dCloth Captain's Chairs
Oxford White
N/C
N/C
SUBTOTAL
Destination Charge
$36,760.00
$1,495.00
TOTAL $38,255.00
Prices and content availability as shown are subjecl to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local p.icing, availability or pricing adjustments not reflected in the dealer's computer system See
salesperson for the mosl current information.
4
Prepared by: Roger Moore
10t10t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 3OOSO
2023 Explorer 4dr 4x2 Base (K7B)
Price Level:320
Warranty
Standard Warranty
Easrc Warranty
Basic wananty
Poweftrain Warranty
Powertrain wananty
Conosion Peioration
Conosion perforation wananty
Road side Assr.sfance Wa rranty
Roadside warranty
Accessories Wananty
Accessories wananty
36 months/36,000 miles
60 months/60,000 miles
60 months/unlimited
60 months/60,000 miles
36 months/36,000 miles
Prices and conlent availability as shown are subject to change and should be treated as estimales only. Actual base vehicle, package and option pricing
may vary from this estimate because ol special local pricing, availability or pricing adiustments not reflected in the dealer's computer system. See
salesperson for the mosl current information.
5
Administrative Services Committee Meeting
11/29/2022 1:20 PM
2022 - Ford Explorer - Wade Ford
Department:Central Services
Presenter:Ron Lampkin
Caption:Request to purchase two Ford Explorers, at a total cost of $73,310 from
Wade Ford, one for 911 and one for Housing and Community
Development.
Background:Due to the global shortage of computer chips and other parts, Ford has
cancelled the orders for two 2022 Ford Explorers from Bid #22-182. Fleet
contacted dealerships to locate other vehicle alternatives for the needed
purchase request. Wade Ford currently has two 2023 Ford Explorers on
order and accepted by Ford for production. Procurement issued a “Letter
of Intent” to secure the orders for Augusta, Georgia.
Analysis:The purchase of two mid-size SUVs were requested by the two
departments to support the operational needs. The Procurement
Department issued a “Letter of Intent” to secure the order for Augusta,
Georgia. Wade Ford - $36,655.00
Financial Impact:216-03-7110/54.22220 $36,655.00 911 Center 221-07-3110/54.22210
$36,655.00 Housing and Community Development
Alternatives:Do not approve the purchases.
Recommendation:Request to purchase two Ford Explorers, at a total cost of $73,310 from
Wade Ford, one for 911 and one for Housing and Community
Development.
Funds are Available in
the Following
Accounts:
216-03-7110/54.22220 $36,655.00 911 Center 221-07-3110/54.22210
$36,655.00 Housing and Community Development
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
CURRENT Information Technology Department Organizational Chart
as of November 2022
Chief Information Officer
SES II/Grade 33
Tax & ServicesProject Manager III
Grade 24
Application
Support
Analyst II
Grade 21
Application
Support
Analyst I
Grade 19
Application
Support
Analyst II
Grade 21
Financial &
EnterpriseProject Manager III
Grade 24
Application
Support
Analyst II
Grade 21
Application
Support
Analyst I
Grade 19
Application
Support
Analyst II
Grade 21
Application
Support
Analyst I
Grade 19
UtilitiesProject Manager VI
Grade 27
CJISProject Manager III
Grade 24
GIS Manager
Grade 25
Application
Developer III
Grade 22
Application
Support
Analyst IGrade 19
GIS Analyst
Grade 22
GIS Analyst
(Addressing)
Grade 21
GIS Specialist
Grade 19
Technology
Acquisitions
Specialist
Grade 17
Client Support/
Desktop
Specialist I
Grade 17
Client Support
Analyst
Grade 19
Client Support/
Desktop
Specialist I
Grade 17
Client Support/
Desktop
Specialist III
Grade 19 Help DeskSpecialist II
Grade 18
Help Desk
Specialist I
Grade 17
Administrative
Assistant III
Grade 12
Security
Administrator
Grade 23
Systems
Administrator
Grade 23
Radio Systems
Manager
Grade 25
RF Administrator
II
Grade 23
Database
Administrator II
Grade 25
Database
Administrator I
Grade 24
Network
Administrator III Grade 23
Network
Administrator II
Grade 22
Network
Administrator I
Grade 21
Telecomm.
Administrator II
Grade 23
Telecomm.
Administrator I
Grade 21
Infrastructure
Supervisor
Grade 26
Mission
Augusta Information Technology will
deliver quality technology services to
empower our customers.
Funded By
Utilities
Funded by
Radio Fund
Executive
Management
Client Support/
Desktop
Specialist II
Grade 18
RF Administrator
I
Grade 21
Asset Management
Analyst II
Grade 22
Asset Management
Analyst I
Grade 20
Split Funding with
Utilities/Engineering
Deputy CIO
Infrastructure &
Communications
Grade 30
Deputy CIO
Business Application
Services
Grade 30
Infrastructure & Communications
(I&C) Group
Client Support Services
(CSS) Group
Business Application Services
(BAS) Group
IT Project Leader
Grade 21
Business &
Innovation Manager
Grade 24
Client Support
Services Manager
Grade 25
Geographic Information Systems
(GIS) Group
Business Analyst
II
Grade 20
Application
Developer I
Grade 20
PROPOSED Information Technology Department Organizational Chart
Chief Information Officer
SES II/Grade 34
Tax & Services
Project Manager III
Grade 26
Application
Support
Analyst II
Grade 23
Application
Support
Analyst I
Grade 21
Application
Support
Analyst II
Grade 23
Finance & Enterprise
Project Manager III
Grade 26
Application
Support
Analyst II
Grade 23
Application
Support
Analyst I
Grade 21
Application
Support
Analyst II
Grade 23
Application
Support
Analyst I
Grade 21
Utilities
Project Manager VI
Grade 27
CJIS
Project Manager III
Grade 26
GIS Manager
Grade 28
Application
Developer III
Grade 22
Application
Support
Analyst I
Grade 21
GIS Senior
Analyst
Grade 24
GIS Data
Analyst
Grade 23
GIS Specialist
Grade 21
Technology
Acquisitions
Specialist
Grade 18
Client Support
Specialist I
Grade 18
Client Support
Specialist I
Grade 18
Client Support
Specialist III
Grade 22
Help Desk
Specialist II
Grade 19
Help Desk
Specialist I
Grade 18
Administrative
Assistant III
Grade 14
Security
Administrator
Grade 26
Systems
Administrator
Grade 26
Radio Systems
Manager
Grade 27
RF Administrator
II
Grade 23
Database
Administrator II
Grade 27
Database
Administrator I
Grade 26
Network
Administrator III
Grade 26
Network
Administrator II
Grade 24
Network
Administrator I
(Servers)
Grade 22
Telecomm.
Administrator II
Grade 23
Telecomm.
Administrator I
Grade 21
Mission
Augusta Information Technology will
deliver quality technology services to
empower our customers.
Funded By
Utilities
Funded by
Radio Fund
Executive
Management
Client Support
Specialist II
Grade 19
Asset Project
Manager
Grade 25
Asset Support
Analyst
Grade 19
Split Funding with
Utilities/Engineering
Deputy CIO
Infrastructure &
Communications
Grade 31
Deputy CIO
Business Application
Services
Grade 31
Infrastructure & Communications
(I&C) Group
Client Support Services
(CSS) Group
Business Application Services
(BAS) Group
Desktop Administrator
Grade 22
Business &
Innovation Manager
Grade 26
Client Support
Services Manager
Grade 28
Geographic Information Systems
(GIS) Group
Application
Developer I
Grade 21
Network
Administrator I
Grade 22
DRAFT – 11/9/22
Proposed title changes/reclasses marked in RED
Proposed Information Technology Reorganization Cost Estimates
Estimated Across-the-board Increase: 11%
Estimated Impact for Information Technology - 101-01-5410
Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total
Savings from Abolished Positions (4) (219,889.40) (13,633.14) (3,188.40) (34,400.00) (720.00) (16,359.77) (516.74) (288,707.45)
Increase for Filled Positions (29) 206,264.10 12,788.37 2,990.83 - - 15,346.05 484.72 237,874.07
Reclassification of Vacant Positions (6) 25,123.00 1,557.63 364.28 - - 1,869.15 59.04 28,973.10
Portion of Split Positions (3) 16,183.94 1,003.40 234.67 1,290.00 27.00 1,204.09 38.03 19,981.13
Estimated Cost Savings 27,681.64 1,716.26 401.38 (33,110.00) (693.00) 2,059.51 65.05 (1,879.15)
Estimated Impact for Utilities Department - 506-04-3110
Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total
Portion of Split Positions (4) 7,591.52 470.67 110.08 - - 564.81 17.84 8,753.92
Estimated Increase* 7,591.52 470.67 110.08 - - 564.81 17.84 8,753.92
Estimated Impact for Engineering/Stormwater - 581-04-4320
Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total
Portion of Split Positions (5) 741.98 46.00 10.76 (1,290.00) (27.00) 55.20 1.74 (462.32)
Estimated Cost Savings** 741.98 46.00 10.76 (1,290.00) (27.00) 55.20 1.74 (462.32)
Estimated Impact for Radio Fund - 131-01-5410
Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total
Increase for Radio Systems Manager 7,534.45 467.14 109.25 - - 560.56 17.71 8,689.10
Estimated Increase* 7,534.45 467.14 109.25 - - 560.56 17.71 8,689.10
* Funds are available within 2023 budget.
** Savings due to reclassification and change in cost allocation for Asset Support Analyst position (IT portion increasing from 30% to 45%).
PROPOSED - 11/9/2022
Administrative Services Committee Meeting
11/29/2022 1:20 PM
Information Technology Department Reorganization
Department:Information Technology Department
Presenter:Ms. Tameka Allen, CIO
Caption:Approve the Information Technology Department’s Reorganization to
include Reduction in Force (RIF) if necessary.
Background:Information Technology has always held a low turnover rate in its
departmental employment. If there were any departures, it was mostly due
to the employee moving and/or retiring. Currently, we have eleven (11)
open positions.
In the past year, it has been very difficult to retain and/or recruit new staff.
The demand for technology skills has grown significantly and many
agencies are able to offer recruitment benefits like sign-on bonuses, total
remote work, etc. Unfortunately, it has become more and more difficult to
compete with the private sector.
Analysis:Each year, the departmental function is assessed to make sure we are
meeting the needs of the customers. In the past two months, the Leadership
Team has conducted several meetings, reviewed all job descriptions and
researched other technology agencies. Information Technology has also
performed its due diligence by meeting with Human Resources, Finance
and Administration. In an attempt to retain current staff and recruit new
skilled staff, the Information Technology Department Leadership Team
final recommendations include 1) Abolish vacant positions, 2) provide an
across the board retention increase to all current employees and 3) adjust
job descriptions and classifications as needed. The proposal will provide a
small cost savings in the Information Technology Budget and better align
resources with customer needs. A Reduction in Force (RIF) may be needed
as part of the alignment process. However, all current staff will be offered
positions within the department. Overall, this will allow the department a
better opportunity to retain current staff and recruit the necessary
additional staff.
Financial Impact:This can all be obtained within the current budget. There will actually be a
small cost savings to the Information Technology Department Budget.
Alternatives:Do not approve the agenda item.
Recommendation:Approve the Information Technology Department’s Reorganization to
include a Reduction In Force (RIF) if necessary.
Funds are Available in
the Following
Accounts:
101015410 forwarded for discussion dbw
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
From:
Sent:
To:
Cc:
Subject:
Ms. Bonner,
Takiyah A. Douse
Monday, November 21,2022 4:39 PM
Lena Bonner
Natascha Dailey; Natasha L. McFarley; Nancy Morawski
Agenda ltem 11.29.2022
Please add the following agenda item to the Administrative Services Committee Agenda scheduled for November 29,
2022:
Motion: Receive as:lnformation a report,from the lnterim Administrator and Gefqral Counsel of theiifindings after
meeting with the nEsO. -
Background: On Nqvember 15, 2022th*e Augusta Commission directed the lnteqim Administrator aqglGeleral Counsel to
meet with the RCSO to discuss the involuntary conversation of hotels from an inhkeeper/guest relbtffinship to that of a
landlord/tenant relationship and its discriminatory consequences.
Should you have any questions, please feel free to contact me.
Thanks,
Takiyah A. Douse I Interim Administrator
Augusta - Richmond County
535 Telfair Street Augusta, Ga 3o9or(p) Zo6-8zr-24oo I (0 Zo6-8zr-z8rg
those of the City of Augusta. E"r-rail transmissions cannot be guaranteed to Le secure or error-free as inforn';ation could be intercepted, corrupted, lost, destroyed,
a resuli 01 lhe e-mail iransmission. 11 veri'iication is required, please request a haid copy version.AED:1 04.1
tr
Administrative Services Committee Meeting
11/29/2022 1:20 PM
Report from Meeting with RCSO
Department:
Presenter:
Caption:Receive as information a report from the Interim Administrator and
General Counsel of their findings after meeting with the RCSO.
(Requested by the Interim Administrator)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY: