HomeMy WebLinkAbout2019-06-11 Meeting Minutes Public Service Committee Meeting Commission Chamber - 6/11/2019
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; Davis, Chairman; Hasan, Vice
Chairman; Clarke and Fennoy, members.
PUBLIC SERVICES
1. Motion to award the bid for Professional Services Bid Item #19-232 for
Fireworks for Independence Day Celebration to East Coast Pyrotechnics, Inc.
in the amount of $30,000.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made
By
Seconded
By
Motion
Result
Unanimous consent is given to
add this item to the agenda.
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Ben Hasan
Commissioner
William Fennoy Passes
2. Motion to approve the 1st Amendment Employment Agreement with Herbert
Judon, Airport Director.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Delete Passes
Motion to delete this
item from the
agenda.
Motion Passes 4-0.
Commissioner
Ben Hasan
Commissioner
John Clarke
3. Motion to approve Amendment #1 to Cooperative Agreement FY2019 with
CSRA Regional Commission for Senior Nutrition Services for Augusta, GA.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Ben Hasan
Commissioner
John Clarke Passes
4. Motion to approve a Contract Term Extension with Bateman (Compass –
USA) July 1, 2019 – June 30, 2020.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Ben Hasan
Commissioner
John Clarke Passes
5. Motion to approve the Contract between Augusta, Georgia and Reeves
Construction Company for the runway 5/23 and airfield pavement renovations
at Daniel Field Airport. (Requested by Commissioner John Clarke)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Ben Hasan
Commissioner
John Clarke Passes
6. Motion to approve the GA Power Easement - Electrical Vault - Augusta
Regional Airport.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Ben Hasan
Commissioner
John Clarke Passes
7. Motion to approve the GA Power Easement for the Airport Lift Station. Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Ben Hasan
Commissioner
John Clarke Passes
8. Discuss the replacement of inoperable water fountains on River Walk and
the installation of new water fountains to include a base drinking bowl for
pets. 2) the installations of water mist stations for the benefit of River Walk
visitors. (Requested by Commissioner John Clarke)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve
receiving this item as
information and get an
update from the Interim
Director regarding the
restroom facilities and
the shade structures that
had been previoulsy
proposed for Riverwalk.
Motion Passes 4-0.
Commissioner
John Clarke
Commissioner
Ben Hasan Passes
9. Discuss installing fencing at the Marina and the purchase of a secure storage
lot for purchasable items. (Requested by Commissioner John Clarke)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Delete
Motion to delete this
item from the
agenda.
Motion Passes 4-0.
Commissioner
Ben Hasan
Commissioner
John Clarke Passes
10. Motion to approve the minutes of the Public Services Committee held on
May 28, 2019.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Ben Hasan
Commissioner
John Clarke Passes
11. Motion to authorize the Augusta Recreation and Parks Department to rent the
recently acquired mobile stage.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve
with the inclusion of
safety measures for
protection against
wind and storms.
Motion Passes 4-0.
Commissioner
William
Fennoy
Commissioner
John Clarke Passes
12. Approve Planning's Building Division Restructure and Salary Review. Item
Action:
Approved
Motions
Motion Text Made By Seconded By
Motion
Type
Motion
Result
Approve
Motion to approve the
recommendations to
stave the loss of talent
and experience to
neighboring jurisdictions,
implement the new
building division
structure, increase the
salaries of existing staff
as proposed, recruit and
offer incoming
building/construction
staff up to mid-range of
salary for the grade,
update the existing career
ladder and incorporate
the modification to
acommplish this in a two-
year time frame
beginning October 1.
Motion Passes 4-0.
Commissioner
Ben Hasan
Commissioner
William
Fennoy
Passes
www.augustaga.gov
Public Service Committee Meeting
6/11/2019 1:00 PM
Attendance 6/11/19
Department:
Presenter:
Caption:
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Recreation & Parks Department
Jme 6,2019
TO:
EROM:
SIIBJECT:
Cc:,
Ron Houck Interim Direr;tot /
Professional Serrrices Bid Itelri # lg-23z-Fireworks for Independencc Day Celebmation forAugustq Georgia- Recreation and Parts Deparhent
pgar. lvlrs. gemr;
Bas€d on the review of the bidproposal submittc4 thc Augusta Recreation and parlm Deparment isrecommending thst East Coast Pyrotechnics,Inc. be awarded the Indcpen{engeDayFireilorks Show, Bid ltem# 19-232. We carefully rcvicwed the proposal and based the selection bnrhe folowingGt*i", ;otJ;;il-*provided; special effccts; total amount of shells included inthe show; and, estimat"O-i.rtet value provided.
I would like to thenk you and your stafffor your continued assistance and support. If you should need anyadditiooal inforncation pdaining to this matt€tr, please do not heeitate to catl me atrc6-WO-SOZS.
Geri A. gnms, procureme,nt Director
Joanie Adams, Deputy Director Recreatim
Yolanda Greenwood, Special Events Manager
Ron Houck, hterim Director
rhouc@ugustaga.gov
Administrative Office
2027 Lumpkin Road - pO BOX 5605
Augusta" GA 30916
(705) 796-5025 Office - (206) 7964099 Fax
www.augustaga. gov/recreation
'15 "ltJI{ L0 ipiE:5S
Invitation To Bid
Sealed bids will be received at this office until Friday, May 31, 2Ol9 @ ll:fi) a.m. for furnishing:
Bld ltem *19-23?.Fireworks for lndependence Day celebradon for Augusta, GA - Recreation and parks
Department
Bids will be received by Augusta, GA Commlssion 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 AfCUU. gia
documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair street - Room605, Augusta, GA 30901, Documents may be examined during regular business hours at the offices of Augusta, GAProcurement Department.
All questaons must be submitted in writlng by fax to 206 g2l-2E11 or by emall toprocbidandcontract@auEustaqa.povto the offtce of the Procurement Department by Frlda% May L7,201g @ 5:fl)P.M. No bid willbe acrepted byfax, all must be recelved by mail or hand dellvered.
The local bidder preference program is appllcable to thls prolect. To be approved as a local bidder and recciw bldpreference an eligible bldder must submlt a completed and slgned wrltten appllcatlon to bccome a local bidderat least thirty (301 days prlor to the date blds are recelved on an eligible local profect. An elglble bldder who fallsto submit an application for approval as a local bldder at least thlrty (301 days prlor to the Jate bids are receivedon an eligible local proiect, and who otherwise meets the requirements for approval as a local bldder, wi1 not bequallfled for a bld preference on such eligible local project.
No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution ofcontract with the successful bidder.
lnvitotion for bids and specificotions. An invitation for bids shall be issued by the Procurement office and shall includespecifications prepared in accordance with Article 4 (Product Specifications), and all contractuat terms andconditions, applicable to the procurement. All spedflc requirements contalned ln the invltation to bld includlng,but not limited to, the number of coples needed, the tlmlng of the submlsslon, the requlred financlal data, andany other requlrements deslgnated by the Proilrement Department are consldered materlal condltlons of thebld whlch are not walveable or modifiable by the Procurement Dlrector. All requests to waive or modifu any suchmaterlal condltion shall be submitted through the Procurement Director to the appropriate committee of theAugusta, Georgia Commission for approval by the Augusta, Georgia Commission. please mark BID number on theoutside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of theProcurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed thebidder at the risk of receiving incomplete or inaccurate information upon which to base hls qualifications.
Correspondence must be submltted via mail, fax or email as folows:
Augusta procurement Depaftment
Attn: Geri A. Sams, Dlrector of procurement
535 Telfalr Street, Room 605
Augusta, GA 30901
Fax: 70682r-281r or Email: procbidandcontract@aueustaea,eo]
No bid wlll be accepted by fax, all must be rEcelved by mall or hand detivered.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Metro Courier
April 25, May 2,9,16, 2019
April 25,2019
OfficialTab
/:.- F a+ lf,,,tt-ev/one
,/
Bid Opening - Btd ttem ff19_232
Fireworks for lndependence Day Celebratlon
for Augusta, Georgia - Recreation and parks Department
Bid Due: Friday, May 31, 2O19 at lt:00 a.m.
otal Number Specificatlons Malled Out: 4
otal Number Specifications Download (Ilemandstar): 2
otal Electronic Notifications (Demandstar): 39
Pre-Bid Conference/Te le phone Conference Attendoes : N/A
otal packages submitted: 1
otal Noncompliant:0
EAST COAST PYROTECHNICS
4652 CATAWBA RIVER ROAD
CATAWBA, SC 29704
Paee 1 of 1
Planholders List - DemandStar
Usor: Dtniets, Tebltha Organhallon: Gity of Augustat GA (Augusta Commlsslon)
-;li DEtvtANBSTAR
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Log Bld [vlcwlldrl vlcwQsot.. 8rpillerSorrrh Bdld BroedcedLlri
Planholders List
Member Name City of Augu8ta, GA (Auguste Commission)
Bld Number tTB-10-232-0-2019/nw
Bld Name Fireworks for lndependenc€ Dsy Celebration
1 Document(sl found for this bid
2 Planholde(s) found.
Add Pl.nholder
Format for P rlnilns lm--Vl
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EAST COAST PYROTECHNICS, INC
ATTN: SCOTT DONAHUE
.1652 CATAWABA RIVER ROAD
P. O. BOX 209
GATAWBA, SC 29704
ZAMBELLI INTERNANONAL
FIREWORKS
ATTN: MASON MEYER
I WEST CAMINO REAL BLVD
BOCA RATON, FL 33432
TREZA EDWARDS
COilIPLIANCE DEPARTMENT
GLENN PARKER
RECREATION AND PARKS
DEPARTMENT
BfD ITEM #19-232
FIREWORKS FOR INDEPENDENCE DAY
CELEBRATION FOR AUGUSTA GA-
REC REATION ATTID PARKS DEPARTTI E}{T
BID DUE: FRI 5/31119@11:00 All
BAY FIREWORKS
ATTN: CHARLES RAPPA
999 SO. OYSTER BAYRD.
sutrE tll
BETHPAGE,I$f lt7ttl
JOANIE ADAMS
RECREATTON AND PARKS
DEPARTMENT
BtD rTEil *1*232
FIREWORKS FOR INDEPENDENCE DAY
CELEBRAT]ON FOR AUGUSTA GA.
REGREATION AI{D PARKS DEPARTI'ENT
RFP MAILED: 4l25l1s
PYROTECNICO
ATTN: STEPHEN VITALE
P. O. BOX 149
NEWCASTLE,PA 18103
YOI.ANDA GREENWOOD
RECREATTON ANO PARKS
DEPARTIIIENT
Pglofl
Public Service Committee Meeting
6/11/2019 1:00 PM
Fireworks for Independence Day Celebration
Department:
Presenter:
Caption:Motion to award the bid for Professional Services Bid Item #19-
232 for Fireworks for Independence Day Celebration to East
Coast Pyrotechnics, Inc. in the amount of $30,000.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Public Service Committee Meeting
6/11/2019 1:00 PM
Airport Executive Director Contract
Department:Augusta Regional Airport
Presenter:Herbert Judon
Caption:Motion to approve the 1st Amendment Employment Agreement
with Herbert Judon, Airport Director.
Background:May 02, 2019 the Augusta Aviation Commission approved the
1st Amendment to the Executive Director Contract with Herbert
Judon, Augusta Regional Airport.
Analysis:The Aviation Commission approved the 1st amendment to the
Executive Director Contract for the Airport Director.
Financial Impact:Salary 10% increased to $190,386.66
Alternatives:To Deny
Recommendation:The Augusta Aviation Commission requests approval.
Funds are
Available in the
Following
Accounts:
Fund 551
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Public Service Committee Meeting
6/11/2019 1:00 PM
Amendment #1 to Cooperative Agreement FY 2019
Department:Recreation and Parks Department
Presenter:Ron Houck
Caption:Motion to approve Amendment #1 to Cooperative Agreement
FY2019 with CSRA Regional Commission for Senior Nutrition
Services for Augusta, GA.
Background:The Augusta Recreation and Parks and Department operates six
senior nutrition sites throughout the county through a partnership
with the CSRA Regional Commission which provides state and
federal grant funds to provide meals to Senior.Citizens including
the home delivery program.
Analysis:The amendment provides an additional $16,879 for Augusta,
Georgia.
Financial Impact:Augusta’s match will increase $298 for FY 2019.
Alternatives:1. To approve Amendment #1 to Cooperative Agreement
FY2019 with CSRA Regional Commission for Senior Nutrition
Services for Augusta, GA. 2. To deny, this would result in
forfeiting grant funds and possibly terminating the program.
Recommendation:1. To approve Amendment #1 to Cooperative Agreement
FY2019 with CSRA Regional Commission for Senior Nutrition
Services for Augusta, GA.
Funds are
Available in the
Following
Accounts:
Funds are available in account 220-05-4322.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Public Service Committee Meeting
6/11/2019 1:00 PM
Bateman (Compass-USA) Food Service Contract Extension
Department:Recreation and Parks Department
Presenter:Ron Houck
Caption:Motion to approve a Contract Term Extension with Bateman
(Compass – USA) July 1, 2019 – June 30, 2020.
Background:The Recreation and Parks Department operates six senior
nutrition sites throughout the county through a partnership with
the CSRA Regional Commission Area Agency on Aging that
provides state and federal funds for meals to senior citizens
including home delivery.
Analysis:The CSRA Regional Commission selected Bateman (Compass-
USA) as the qualified food vendor for FY2016 – 2019 as part of
a multi-year agreement. A Resolution to Enter into a Contract
with Bateman (Compass – USA) was approved and effective
July 5, 2016.
Financial Impact:The requested contract extension reflects no changes to the
approved rates of $4.45 per meal and $1.30 per home delivery.
Alternatives:1. To Approve the Contract Term Extension with Bateman
(Compass-USA) July 1, 2019 – June 30, 2020. 2. To Deny
would result in forfeiting grant funds for the reimbursement of
congregate and homebound meals for senior nutrition program.
Recommendation:1. To Approve the Contract Term Extension with Bateman
(Compass-USA) July 1, 2019 – June 30, 2020.
Funds are
Available in the
Following
Accounts:
Funds are available in account 220-05-4322.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
CONTRACT AGREEMENT
GDOT Project No.:AP019-9036-57(245)
THIS AGREEMENT, made as of ___________________________________ is BY AND BETWEEN
the OWNER: AUGUSTA, GEORGIA
535 Telfair Street
Augusta, GA 30901
And the CONTRACTOR: REEVES CONSTRUCTION COMPANY
1 APAC Industrial Way
Augusta, GA 30907
WITNESSETH:
WHEREAS it is the intent of the OWNER to make improvements at DANIEL FIELD AIRPORT (DNL) generally described as
follows;
RUNWAY 5/23 REHABILITATION
TAXIWAY DELTA REHABILITATION (ADD ALT #1)
TERMINAL APRON REHABILITATION (ADD ALT #2)
hereinafter referred to as the Project.
NOW THEREFORE in consideration of the mutual covenants hereinafter set forth, OWNER and CONTRACTOR agree as
follows:
Article 1 - Work
It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the
CONTRACTOR by the OWNER, CONTRACTOR shall faithfully furnish all necessary labor, equipment, and material
and shall fully perform all necessary work to complete the Project in strict accordance with this Contract
Agreement and the Contract Documents.
Article 2 – Agreement
This contract, the documents issued hereunder, and the accompanying General Provisions, Supplementary
Provisions, FAA Contract Provisions, Technical Specifications, Addenda, Request for Bids, Instructions to Bidders,
Proposal and associated attachments, Performance Bond, Payment Bond, Wage Rate Determination, Insurance
certificates, documents incorporated by reference, documents incorporated by attachment and all authorized
change orders issued subsequent to the date of this agreement constitute the entire agreement between the
parties.
All documents comprising the Contract Documents are complementary to one another and together establish
the complete terms, conditions and obligations of the CONTRACTOR. All said Contract Documents are
incorporated by reference into the Contract Agreement as if fully rewritten herein or attached thereto.
Article 3 – Contract Price
In consideration of the faithful performance and completion of the Work by the CONTRACTOR in accordance
with the Contract Documents, OWNER shall pay the CONTRACTOR an amount equal to:
One Million Six Hundred Eighty-Six Thousand Twelve and 35/100 dollars $1,686,012.35
subject to the following;
a. Said amount is based on the schedule of prices and estimated quantities stated in CONTRACTOR’S Bid
Proposal, which is attached to and made a part of this Agreement;
b. Said amount is the aggregate sum of the result of the CONTRACTOR’S stated unit prices multiplied by
the associated estimated quantities;
c. CONTRACTOR and OWNER agree that said estimated quantities are not guaranteed and that the
determination of actual quantities is to be made by the OWNER’S ENGINEER;
d. Said amount is subject to modification for additions and deductions as provided for within the Contract
General Provisions.
Article 4 – Payment
Upon the completion of the work and its acceptance by the OWNER, all sums due the CONTRACTOR by reason
of faithful performance of the work, taking into consideration additions to or deductions from the Contract price
by reason of alterations or modifications of the original Contract or by reason of “Extra Work” authorized under
this Contract, will be paid to the CONTRACTOR by the OWNER after said completion and acceptance.
The acceptance of final payment by the CONTRACTOR shall be considered as a release in full of all claims against
the OWNER, arising out of, or by reason of, the work completed and materials furnished under this Contract.
OWNER shall make progress payments to the CONTRACTOR in accordance with the terms set forth in the
General Provisions. Progress payments shall be based on estimates prepared by the ENGINEER for the value of
work performed and materials completed in place in accordance with the Contract Drawings and Specifications.
Progress payments are subject to retainage requirements as set forth in the General Provisions.
Article 5 – Contract Time
The CONTRACTOR agrees to commence work within ten (10) calendar days of the date specified in the OWNER’S
Notice-to-Proceed. CONTRACTOR further agrees to complete said work within seventy-one (71) calendar days
(no additional time for alternates) of the commencement date stated within the Notice-to-Proceed.
It is expressly understood and agreed that the stated Contract Time is reasonable for the completion of the
Work, taking all factors into consideration. Furthermore, extensions of the Contract Time may only be permitted
by execution of a formal modification to this Contract Agreement in accordance with the General Provisions and
as approved by the OWNER.
Article 6 – Liquidated Damages
The CONTRACTOR and OWNER understand and agree that time is of essence for completion of the Work and
that the OWNER will suffer additional expense and financial loss if said Work is not completed within the
authorized Contract Time. Furthermore, the CONTRACTOR and OWNER recognize and understand the difficulty,
delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly,
in place of requiring such proof, the CONTRACTOR expressly agrees to pay the OWNER as liquidated damages
the non-penal sum of $1,500 per day for each calendar day required in excess of the authorized Contract Time
and Phase as below:
Schedule Liquidated Damages Cost Allowed Construction Time
Phase I $1,500 19 Calendar Days
Phase II $1,500 7 Calendar Days
Phase III none 30 Calendar Days
Phase IV $1,500 11 Calendar Days
Furthermore, the CONTRACTOR understands and agrees that;
a. the OWNER has the right to deduct from any moneys due the CONTRACTOR, the amount of said
liquidated damages;
b. the OWNER has the right to recover the amount of said liquidated damages from the CONTRACTOR,
SURETY or both.
Article 7 – CONTRACTOR’S Certifications
The CONTRACTOR understands and agrees that all representations and certifications made by the CONTRACTOR
within the Proposal shall apply under this Agreement as if fully rewritten herein.
Article 8 – Miscellaneous
a. CONTRACTOR understands that it shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction in connection with completion of the Work;
b. CONTRACTOR understands and agrees that it shall not accomplish any work or furnish any materials
that are not covered or authorized by the Contract Documents unless authorized in writing by the
OWNER or ENGINEER;
c. The rights of each party under this Agreement shall not be assigned or transferred to any other person,
entity, firm or corporation without prior written consent of both parties;
d. OWNER and CONTRACTOR each bind itself, their partners, successors, assigns and legal
representatives to the other party in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
e. CHOICE OF LAW: This Agreement shall be governed by the applicable laws of the State of Georgia and
all applicable Federal Laws.
f. DISPUTES: If a dispute between OWNER and CONTRACTOR remain unresolved, either Party may submit
the dispute to the Superior Court of Richmond County, Georgia, or the United States District Court for
the Southern District of Georgia-Augusta Division. By executing this Agreement, the Parties specifically
consent to jurisdiction and venue in Richmond County or the United States District Court for the
Southern District of Georgia- Augusta Division, and waives any right to contest said jurisdiction and
venue.
g. MODIFICATION: Any amendment or modification of this Agreement shall require the mutual, written
consent of the Parties.
h. GEORGIA OPEN RECORDS ACT: CONTRACTOR acknowledges that this Agreement and certain
documentation may be subject to the Georgia Open Records Act (OCGA §50-18-70, et seq.).
CONTRACTOR shall cooperate fully in responding to such requests and shall make all records, not
exempt, available for inspection and copying as required by law. CONTRACTOR shall clearly mark any
information provided to OWNER which CONTRACTOR contends is proprietary information.
CONTRACTOR shall notify OWNER immediately of any Open Records Request arising out of this
Agreement and shall provide OWNER a copy of any response to the same.
i. CONFLICTS OF INTEREST; PROHIBITED INTERESTS: CONTRACTOR maintains and warrants that it has
not employed or retained any company or person, other than a bona fide employee working solely for
CONTRACTOR , to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid
or agreed to pay any company or person, other than a bona fide employee working solely for
CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach of this warranty, OWNER
shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no
member, officer, employee, or agent of OWNER shall have any direct interest in this Agreement, or
obtain any present or anticipated material benefit arising therefrom.
j. Defective Pricing: To the extent that the pricing provided by CONTRACTOR is erroneous or defective,
the Parties may, by agreement, correct the pricing errors to reflect the intent of the Parties.
k. Severability: If a court of competent jurisdiction renders any part of this Agreement invalid or
unenforceable, that part will be severed and the remainder of this Agreement shall continue in full
force and effect.
l. Independent Contractors: Each Party will perform its duties under this Agreement as an independent
contractor. The Parties and their personnel will not be considered to be employees or agents of the
other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority
to make commitments of any kind for the other. This Agreement will not constitute, create, or be
interpreted as a joint venture, partnership or formal business organization of any kind.
m. Authority to Execute Agreement: Each Party represents that is has obtained all necessary approval,
consents, and authorizations to enter into this Agreement and to perform its duties under this
Agreement; the person executing this Agreement on its behalf has the authority to do so; upon
execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable
in accordance with its terms; and the execution, delivery, and performance of this Agreement does not
violate any bylaw, charter, regulation, law or any other governing authority of the Party.
n. Waiver: Failure or delay by either Party to exercise a right or power under this Agreement will not be
a waiver of the right or power. For a waiver of a right or power to be effective, it must be in writing
and signed by the waiving Party. An effective waiver of a right or power will not be construed as either
a future or continuing waiver of that same right or power, or the waiver of any other right or power.
o. Insurance: CONTRACTOR agrees to meet the following insurance requirements:
1. Worker’s Compensation:
State: Statutory
Applicable Federal (e.g. Longshoreman’s): Statutory
Employer’s Liability: $500/500/500
2. Comprehensive General Liability (including Premises-Operations; Independent Contractors
Protection; Products Liability -- Completed Operations; Broad Form Property Damage):
General Aggregate
(Except Products-Completed Operations) $ 1,000,000
Products-Completed Operations Aggregate $ 1,000,000
Personal and Advertising Injury (per Person/Organization) $ 1,000,000
Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000
Personal Injury Liability Coverage will not include Claims arising out of Employment.
Exclusions of Property in Contractor’s Care, Custody or Control will not be eliminated.
Property Damage Liability Insurance will Provide Coverage for Explosion, Collapse and
Underground Damage.
3. Contractual Liability (Bodily Injury and Property Damage):
General Aggregate $ 2,000,000
Each Occurrence $ 2,000,000
4. Automobile Liability:
Bodily Injury:
$ 1,000,000 Each Person
$ 1,000,000 Each Accident
Property Damage:
$ 500,000 Each Accident or a combined single limit of $1,000,000
$ 1,000,000 Annual Aggregate or a combined single limit of $1,000,000
5. Liability coverage for OWNER, ENGINEER, ENGINEER’s Consultants and others listed in
the Supplementary Conditions will be provided by endorsement as additional insureds
on Contractor’s Liability Policy.
ENGINEER: Goodwyn, Mills and Cawood, Inc.
1450 Greene Street, Suite 505
Augusta, GA 30901
OWNER: Augusta, Georgia
535 Telfair Street
Augusta, GA 30901
6. Excess Umbrella Liability
General Aggregate: $ 2,000,000
Each Occurrence: $ 2,000,000
7 WAIVER OF SUBROGATION: All insurance certificates shall provide for Waiver of
Subrogation against the Owner, Engineer and their Consultants, by the Contractor,
Subcontractors, and their insurers.
p. Bond: Contractor shall provide a Construction Performance Bond in an amount equal to one hundred
percent (100%) of the Contract Price and Construction Payment Bond in an amount equal to one
hundred percent (100%) of the Contract Price.
q. Force Majeure: Neither Party shall be liable for its non-performance or delayed performance if caused
by a Force Majeure. A force majeure shall mean any event, circumstance, or act that is beyond a
Party’s reasonable control, such as an act of God, and act of the public enemy, and act of a
governmental entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes,
fires, floods, epidemics, embargoes, war riots, or any other similar cause. A Party that becomes aware
of a Force Majeure that will significantly delay performance shall notify the other Party promptly (but
in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the
Parties will execute a change order to extend the Performance Schedule or applicable Addenda or
Amendment to this Agreement for a time period that is reasonable under the circumstances.
r. Default by a Party: If either Party fails to observe, perform, or comply with a material obligation, term,
covenant, agreement, or condition under this Agreement, the other Party may consider the non-
performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default
claim by giving the non-performing Party a written and detailed notice of Default. The defaulting Party
will have thirty (30) days after receipt of the notice of default to cure the default. If the default is not
curable in thirty (30) days, the defaulting Party shall provide a written cure plan that must be approved
by the other Party.
s. Failure to Cure Default: If the defaulting Party fails to cure the default as provided in the above
Subsection (r), unless otherwise agreed in writing, the non-defaulting Party may terminate any
unfulfilled portion of this Agreement. In the event of termination for default, if the non-defaulting
Party is the OWNER, the OWNER may recover from CONTRACTOR the reasonable costs incurred to
complete the Project through a third party. OWNER will mitigate its damages and provide
CONTRACTOR with detailed invoices substantiating the charges of the third party. The duties and
obligations imposed by the Agreement Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies
otherwise imposed or available by law.
t. Termination for Default: Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions,
rights and remedies associated with OWNER termination of this Agreement due default of the
CONTRACTOR. Any violation or breach of terms of this contract on the part of the contractor or its
subcontractors may result in the suspension or termination of this contract or such other action that
may be necessary to enforce the rights of the parties of this Agreement. OWNER will provide
CONTRACTOR written notice that describes the nature of the breach and corrective actions the
CONTRACTOR must undertake in order to avoid termination of the contract. OWNER reserves the right
to withhold payments to Contractor until such time the CONTRACTOR corrects the breach or the
OWNER elects to terminate the contract. The Owner’s notice will identify a specific date by which the
CONTRACTOR must correct the breach. OWNER may proceed with termination of this Agreement if the
CONTRACTOR fails to correct the breach by deadline indicated in the OWNER’S notice. The duties and
obligations imposed by the Agreement Documents and the rights and remedies available thereunder
are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise
imposed or available by law.
u. Termination for Convenience: OWNER may terminate this Agreement, in whole or in part, for its own
convenience by providing CONTRACTOR ten (10) days’ written notice. Such action may be with or
without cause and without prejudice to any other right or remedy of OWNER. Upon receipt of a written
notice of termination, except as explicitly directed by the OWNER, the CONTRACTOR shall immediately
proceed with the following obligations regardless of any delay in determining or adjusting amounts due
under this clause:
Contractor must immediately discontinue work as specified in the written notice;
Terminate all subcontracts to the extent they relate to the work terminated under the notice;
Discontinue orders for materials and services except as directed by the notice;
Deliver to the OWNER all fabricated and partially fabricated parts, completed and partially
completed work, supplies, equipment and materials acquired prior to termination of the work
and as directed in the written notice.
Complete performance of the work not terminated by the notice.
Take action as directed by the OWNER to protect and preserve property and work related to
this Agreement that OWNER will take possession.
OWNER agrees to pay Contractor for:
Completed and acceptable work executed in accordance with the Agreement documents prior to the
effective date of the termination;
Documented expenses sustained prior to the effective date of termination in performing work and
furnishing labor, materials, or equipment as required by the Agreement documents in connection with
uncompleted work;
Reasonable and substantiated claims, costs, and damages incurred in settlement of terminated
contracts with Subcontractors and Suppliers’; and
Reasonable and substantiated expenses to the CONTRACTOR directly attributable to OWNER’S
termination action.
OWNER will not pay CONTRACTOR for loss of anticipated profits or revenues, or other economic loss
arising out of or resulting from the OWNER’S termination action.
The rights and remedies that this clause provides are in addition to any other rights and remedies
provided by law or under this Agreement.
v. Indemnification: CONTRACTOR shall indemnify and hold OWNER, its employees, officers, and agents
harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal
injury, death, or direct damage to tangible property which may accrue against OWNER to the extent it
is caused by the negligence of CONTRACTOR, its subcontractors, employees, or agents, while
performing their duties under this Agreement. OWNER shall cooperate with CONTRACTOR in its
defense or settlement of the claim of suit.
Article 9 - Warrantees and Guarantee
The Contractor shall provide the manufacturer’s warranties to the Owner for all equipment and the Contractor
warrants equipment and guarantees workmanship for satisfactory in-service operation of the equipment and
related components for a period of one year following the date of completion of the operational check period.
Article 10 – OWNER’S Representative
The OWNER’S Representative, herein referred to as ENGINEER, is defined as follows: Goodwyn, Mills and
Cawood, Inc. Said ENGINEER will act as the OWNER’S representative and shall assume all rights and authority
assigned to the ENGINEER as stated within the Contract Documents in connection with the completion of the
Project Work.
Article 11 – Federal Contract Provisions
CIVIL RIGHTS – GENERAL
The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated
to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be
excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the contractor and subcontractors from the bid solicitation period through the completion
of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
CIVIL RIGHTS – TITLE VI ASSURANCE
Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “contractor”) agrees as follows:
Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title
VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time,
which are herein incorporated by reference and made a part of this contract.
Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity, project, or program set
forth in Appendix B of 49 CFR part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor’s obligations under this contract and the
Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin.
Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities
and instructions. Where any information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal
Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination
provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect
to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the
sponsor. In addition, the contractor may request the United States to enter into the litigation to protect
the interests of the United States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin);
49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—
Effectuation of Title VI of The Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal
or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination
on the basis of disability); and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the
basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all
of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department
of Transportation regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, which ensures non-discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the
sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their
duly authorized representatives, access to any books, documents, papers, and records of the contractor which
are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for
a period of not less than three years after final payment is made and all pending matters are closed.
ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy
efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C. 6201et seq).
TRADE RESTRICTION CERTIFICATION (include in all AIP contracts)
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract,
the Offeror -
a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries
that discriminate against U.S. firms as published by the Office of the United States Trade Representative
(U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen
or national of a foreign country included on the list of countries that discriminate against U.S. firms as
published by the U.S.T.R; and
c. has not entered into any subcontract for any product to be used on the Federal on the project that is
produced in a foreign country included on the list of countries that discriminate against U.S. firms
published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the
making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title
18, United States Code, Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns
that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by
reason of changed circumstances. The Contractor must require subcontractors provide immediate written
notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed
circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR
30.17, no contract shall be awarded to an Offeror or subcontractor:
(1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of
countries that discriminate against U.S. firms published by the U.S.T.R. or
(2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on
such U.S.T.R. list or
(3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render, in good faith, the certification required by this provision. The knowledge and information of a
contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision
for certification without modification in in all lower tier subcontracts. The contractor may rely on the
certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of
countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the
certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If
it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the
Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for
default at no cost to the Owner or the FAA.
COPELAND “ANTI-KICKBACK” ACT
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C.
3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are
prohibited from inducing, by any means, any person employed on the project to give up any part of the
compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the
Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior
week. Owner must report any violations of the Act to the Federal Aviation Administration.
DISADVANTAGED BUSINESS ENTERPRISE
Contract Assurance(§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry
out these requirements is a material breach of this contract, which may result in the termination of this contract
or such other remedy, as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract
for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime
contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each
subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good cause following
written approval of the Owner. This clause applies to both DBE and non-DBE subcontractors.
DAVIS-BACON REQUIREMENTS
1. Minimum Wages
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed
at rates not less than those contained in the wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between
the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred
for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover
the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part
5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll
records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under (1)(ii) of this section)
and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting
officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)
(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider
as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the
written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the contractor
under this contract or any other Federal contract with the same prime contractor, or any other Federally-
assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the
full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including
any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required
by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name, address, and social security number of each such worker, his or
her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not
such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for
transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for each employee (e.g. , the last four digits of the
employee's social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible
for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the
full social security number and current address of each covered worker, and shall provide them upon request
to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a
party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission
to the Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of
Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weekly submission to the sponsoring
government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR §
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i) and that such
information is correct and complete;
(2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph
(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section
available for inspection, copying or transcription by authorized representatives of the sponsor, the Federal
Aviation Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the required
records or to make them available, the Federal agency may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force
under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits
in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event
the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program
is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not
be greater than permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.
If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there
is an apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment
and Training Administration shall be paid not less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any trainee performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this
contract.
6. Subcontracts.
The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1)
through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of
the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department
of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts
by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
AUGUSTA, GEORGIA
By: _____________________________________
Hardie Davis, Jr., Mayor
AUGUSTA, GEORGIA
By: _____________________________________
David Fields, Chairman, General Aviation
Commission
REEVES CONSTRUCTION COMPANY
By: _____________________________________
Name Printed: ___________________________
Its: _____________________________________
Lena Bonner
From:
Sent:
To:
Subject:
Ms. Bonner,
Will you please add this to
Get Outlook for iOS
Sincerely,
John Clarke
Commissioner district I 0
Commissioner John E. Clarke
Wednesday, June 05, 2019 L0:11AM
Lena Bonner
Fwd: [EXTERNAL] RE: Daniel Field Reeves Contract- special Called Meeting
next administration services committee.
From: steveng@a ugustaaviation.com <steveng@augustaaviation.com>
Sent: Wednesday, June 5, 2019 9:28:41AM
To: Rachel Mack; Commissioner John E. Clarke
Cc: 'Barbara Hill'; becky@augustaaviation.com; 'Amanda J. Hill,
subject: [EXTERNAL] RE: Daniel Field Reeves contract- special called Meeting
Thank you Rachel for getting this to Commissioner Clarke. We appreciate all the help.
Warm Regards:
Steven Gay
Daniel Field, Airport Manager
706-733-8970
From: Rachel Mack <RMack@augustaga.gov>
Sent: Wednesday, June 5, 2019 9:17 AM
To: Commissioner John E. Clarke <JClarke@augustaga.gov>
Cc: Barbara Hill <barb@augustaaviation.com>; becky@augustaaviation.com; Steven Gay
<steveng@augustaaviation.com>; Amanda J. Hill <amanda@maesawyr.com>
Subject: Daniel Field Reeves Contract- Special Called Meeting
lmportance: High
Good Morning Commissioner Clarke,
I hope you are doing well today. My name is Rachel Mack, and I am the Staff Attorney who represents Daniel FieldAirport. First, I would like to say thank you for attending our General Aviation Commission meetings. lt means the
world to us that someone from Downtown is interested in what goes on at our Airport. Second, I would like to say thank
you for doing us this kindness with the Reeves Construction Contract. I will try to provide you with all the necessary
information and steps below.
Motion: Motion to approve the Contract between Augusta, Georgia and Reeves Construction Company for the runway
5123 and airfield pavement renovations at Danie! Fietd Airport.
Public Service Committee Meeting
6/11/2019 1:00 PM
Contract Award Reeves Construction Company
Department:
Presenter:Commissioner John Clark
Caption:Motion to approve the Contract between Augusta, Georgia and
Reeves Construction Company for the runway 5/23 and airfield
pavement renovations at Daniel Field Airport. (Requested by
Commissioner John Clarke)
Background:The award of the project was made at the Regular Commission
Meeting on May 7, 2019.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Public Service Committee Meeting
6/11/2019 1:00 PM
Ga Power Easement Electrical Vault
Department:Augusta Regional Airport
Presenter:Herbert Judon
Caption:Motion to approve the GA Power Easement - Electrical Vault -
Augusta Regional Airport.
Background:Feb. 28, 2019, the Aviation Commission approved the excess
facilities purchase to support the new electric vault. The new
electric vault will house all the electrical components currently
serviced by the old vault as well as the airfield lighting system.
Ga. Power will require an easement in order to construct install
and maintain the new equipment.
Analysis:The excess equipment purchase was approved by the Aviation
Commission on Feb. 28, 2019. Ga.Power requires the easement
in order to construct and install the new equipment.
Financial Impact:none
Alternatives:To deny
Recommendation:Recommends to Approve
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Public Service Committee Meeting
6/11/2019 1:00 PM
GA Power Easement Lift Station
Department:Augusta Regional Airport
Presenter:Herbert Judon
Caption:Motion to approve the GA Power Easement for the Airport Lift
Station.
Background:February 28, 2019 the Aviation Commission approved the
excess facilities purchase of the new transformer and the 3 phase
power for the lift station along General Perry Smith Parkway.
Ga Power requires an easement in order to construct, install and
maintain the equipment.
Analysis:Ga. Power needs the easement in order to construct and install
new equipment.
Financial Impact:none
Alternatives:To Deny
Recommendation:Recommends Approval
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
AGENI}A ITEM REQUEST FORM
Commission meetings: First and third Tuesdays of each month - 2:00 p.m.
Committee meetings: Second and last Tuesdays of each month - 1:00 p.m.
Commission/Committee: (Please check one and insert meeting date)
Commission
Public Safety Committee----V- Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
Contact Information for IndividuaUPresenter Making the Request:
Name: #r' , ' <3 .e, | - Al,,rtt:1' .' - /2
Address:
Telephone Number:
Fax Number:
E-Mail Address:
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Please send this request form to
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
the following address:
Telephone Number:
Fax Number:
E-Mail Address:
706-821-1820
706-821-1838
nmorawski@au gustaga.gov
Requests may be faxed, e-mailed or delivered in person and
Office no later than 9:00 a.m. on the Thursday preceding
meeting of the following week. A five-minute time limit will
must be received in the Clerk's
the Commission or Committee
be allowed for presentations.
AGEF{I}A ITEM REQUEST FORM
commission meetings: First and third ruesdays of each month - 2:00 p.m.
committee meetings: second and last Tuesdays of each month - 1:00 p.m.
Commission/committee: (Please check one and insert meeting date)
Commission Date of Meeting
Public Safety Committee Date of Meeting
Public Services Committee Date of Meeting
Administrative Services Committee Date of Meeting
Engineering Services Committee Date of Meeting
Finance Committee Date of Meeting
contact Information for IndividuavPresenter Making the Request:
Telephone Number:
Fax Number:
E-Mail Address:
opic of Discussion to be
Please send this request form to
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
the following address:
Telephone Number:
Fax Number:
E-MaiI Address:
706-821-1820
706-821-1838
nmorawski@au gustaga.gov
Requests may be faxed, e-mailed or delivered in person and
Office no later than 9:00 a.m. on the Thursday preceding
meeting of the following week. A five-minute time limit wil
must be received in the Clerk's
the Commission or Committee
be allowed for presentations.
Public Service Committee Meeting
6/11/2019 1:00 PM
Inoperable water fountains on RiverWalk
Department:
Presenter:Commissioner John Clarke
Caption:Discuss the replacement of inoperable water fountains on River
Walk and the installation of new water fountains to include
a base drinking bowl for pets. 2) the installations of water mist
stations for the benefit of River Walk visitors. (Requested by
Commissioner John Clarke)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
AGENDI. ITEM REQUEST FORM
Commission meetings: First and third ruesdays of each month - 2:00 p.m.
committee meetings: second and last Tuesdays of each month - 1:00 p.m.
commission/Committee: (Please check one and insert meeting date)
Commission
Public Safety Committee
il Public Services Committee
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Administrative Services Committee
Engineering Services Committee
Finance Committee
Contact Information for IndividuaVPresenter Making the Request:
Name:
Address:
Telephone Number:
Fax Number:
E-Mail Address:
on/Topic of Discussign to beglaced on the Agenda:
Please send this request form to the following address:
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
Telephone Number: 706-821-182A
Fax Number: 706-821-1838
E-MaiIAddress: nmorawski@augustaga.gov
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s
Office no later than 9:00 a.m. on the Thursday preceding the Commission or Committee
meeting of the following week. A five-minute time limit will be allowed for presentations.
Public Service Committee Meeting
6/11/2019 1:00 PM
Installation of fencing at the Marina Store
Department:
Presenter:Commissioner John Clarke
Caption:Discuss installing fencing at the Marina and the purchase of
a secure storage lot for purchasable items. (Requested by
Commissioner John Clarke)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Public Service Committee Meeting Commission Chamber - 512812019
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; Davis, Chairman; Hasan, Vice
Chairman; Clarke and Fennoy, members.
PUBLIC SERVICES
1. Request to add update from staff on the CIP for Parks and Recreation.Item
Action:
Approved
Motions
f#:"" Motion rext
Motion to add this.;- --" "";- Commissioner CommrssronerApprove
ff#,::'ff :::Ti Ben Hasan John ctarke
Motions
f#:" Motion rext
Motion to approve
scheduling a workshop in
the next 30 days, allow
the Recreation
Department and
a -^--^__- Administrator's Office to CommissionerADDTOVC- -rr-- '- give us a date by next Ben Hasan
Tuesday and determine if
there is any funding that
can be used through the
Canal Authority.
Motion Passes 4-0.
Made By Seconded By
Made By Seconded By
Commissioner
William
Fennoy
Motion
Result
Passes
Motion
Result
Passes
2.
New Ownership: A.N. 19-17:
package Beer & Wine License
located at 2940 Inwood Drive.
Motions
Motion Motion Textr ype
A request by Martha Oglesby
to be used in connection with
District 5. Super District 9.
Guy for a retail ltem
Kritul 69, LLC Action:
Approved
3.
Made By
Motion to approve.
^ Mr. Hasan out. CommissionerAPProve Motion Passes John Clarke
3-0.
Discussion: A request by Elisia Mike-Harper
License to be used in connection with Elegant &
Street. District 1. Super District 9.
Seconded By
Commissioner
William Fennoy
for a Massage
Exquisite located
Motion
Result
Passes
Operator's Item
at 301 8th Action:
Approved
Motions
r#:"" Motion rext Made Bv
Motion to
. aDDrove.APProve vtotion passes
4-0.
Motions
ffit:"" Motion Text
Commissioner Commissioner
Ben Hasan william Fennoy Passes
Seconded By Motion
Result
4. Presentation by Ms. Constance L. Albury-Jackson regarding lack of public ltemtransportation. Action:
None
Made Seconded Motion
By By Result
Ms. Albury Jackson did not appear
before the committee due to her
involvement in an automobile
accident and will be rescheduled at a
later date.
5. Motion to approve entering into a lease agreement between Augusta, Georgia Item
and Fore! Augusta Foundation, Inc. for the operation of property known as Action:
"The First Tee of Augusta". Approved
6. Motion to approve the contract document for Cypress Golf Management, LLC Item
for the management of the Augusta Municipal Golf Course. Action:
Approved
Motions
f#:" Motion Text Made By Seconded By
Motion to. aDDrove.APProve vtotion Passes
4-0.
7. Consider written presentation from Ms. Karen Brown regarding funding for Item
summer program at the Sand Hills Community Center. (Requested by Action:
Commissioner Bill Fennoy) Approved
Commissioner Commissioner
Ben Hasan william Fennoy Passes
Motions
f#:" Motion rext Made Bv
Motion to
. aDDrove.APProve uo,ion Passes
4-0.
Motions
fr"J:"' Motion rext
Commissioner Commissioner
Ben Hasan John clarke Passes
Seconded By
Made By Seconded By
Motion
Result
Motion
Result
Motion
Result
Motion to refer this item
to the full Commission
with no recommendation
A ---^-.^ pending the receipt of CommissionerApprove in. prolrum's budget by Ben Hasan
the Clerk of
Commission.
Motion Passes 4-0.
Commissioner
William Passes
Fennoy
8. Discuss Mr. Ron Harrison's issues regarding the lack of code Item
enforcement/removal of abandoned/junk vehicles. (Requested by Action:
Commissioner Marion Williams) epproved
Motions
Motion Text Made By Seconded By
Motion MotionType Result
Motion to approve
receiving this item as
information and tasking
Planning and
Development with
reseraching what other A
Approve cities are doing to solve ;:f##';"' fffrt[lfJer passes
the problem of dealing
with continuously
boarded up structures and
report back to the
committee.
Motion Passes 4-0.
9. Discuss grass cutting and maintenance of private lots and property with a for ltem
sale sign posted. (Requested by Commissioner John Clarke) Action:
Approved
Motions
Motion rr 1! m Motion;:.--:-- Motion Text Made By Seconded Byf YPe ---'- -r --------- -r Result
Motion to approve
a _-_--._ receiving this item as Commissioner CommissionerApprove information. John clarke Ben Hasan Passes
Motion Passes 4-0.
10. Motion to approve the minutes of the Public Services Committee held on ltem
}v4ay 14,2019. Action:
Approved
Motions
[]j:" Motion Text Made By seconded By Motionlype - --_-- -" Result
Motion to
^ approve. Commissioner CommissionerApprove Motion passes Ben Hasan John clarke Passes
4_0.
www.augustasa.sov
Public Service Committee Meeting
6/11/2019 1:00 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Public Services Committee
held on May 28, 2019.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
AUGUSTA RECREATION AND PARKS DEPARTMENT
MOBILE STAGE RENTAL AGREEMENT
Agency Name__________________________________________________________________________
Agency Representative and Title____________________________________________________________
Address___________________________________City____________________State_____Zip_________
Home #_______________________Work #_______________________ Cell #______________________
Name of Event _________________________________________________________________________
Location of Event_______________________________________________________________________
Date of Event_________________________ Email: __________________________________________
Set Up Date_________________________ Set Up Time_________________________ AM PM
Take Down Date_____________________ Take Down Time______________________ AM PM
Hold Harmless/Indemnification
By signing this agreement, the renter/agency agrees to indemnify and hold harmless Augusta Georgia, its employees,
agents and servants from any and all liability for injuries to any and all persons or any property of any employee, agent,
passenger, invitee or other person entering onto the mobile stage, including all attorney’s fees relating to such claims.
Damage to property
Renter/agency is responsible for any property damage while renting the mobile stage.
Due to the potential risk of damaging property and causing bodily harm, the Augusta Recreation and Parks Department
staff will be solely responsible for the mechanical operation of the mobile stage. NO EXCEPTIONS.
Insurance
During the performance of the work under this Agreement, the leasing Agency shall maintain the following insurance:
A. General Liability Insurance, including but not limited to coverage for all premises and non-premises operations,
independent Contractors, broad form property damage coverage, including explosion, collapse and underground
property damage hazards, personal injury liability protection including coverage relating to employment of
persons, contractual liability protection and products and completed operations coverage. This insurance shall
provide bodily injury limits of not less than $1,000,000 for each occurrence and $2,000,000 in the aggregate and
with property damage limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
B. The leasing Agency shall furnish the City certificates of insurance for all the insurance coverages described
herein upon request. At least thirty (30) days written notice shall be given to the City prior to any cancellation or
modification of any insurance required under this Agreement.
Full payment is due 3 weeks in advance of event. Notification of event cancellation must be given at least one week prior to
the event in order to receive a refund of fees paid. There will be no “Rain Date” rescheduling.
In addition to the listed rates, a stage attendant(s) fee of $25.00 per hour/ Minimum 4hrs will be assessed for use outside of
the normal work hours (Monday - Friday, 7:00 am - 3:30 pm), during weekends, Holidays, and in adverse weather
conditions. Use is defined as the length of time the stage is open for use, not the length of performances, programs, etc. The
determination to close the stage for safety in adverse weather conditions will be made by the assigned attendant and no
refund will be issued to the renter. The stage will be used only in Richmond County.
Stage Rental Fees
Non-profit Organization: $ 2,000.00/day
Private Organization: $ 2,500.00/day
Rental Deposit: $ 200.00 (Required when reservation is made)
Security Deposit: $ 250.00 (Required when reservation is made)
Additional Stage Fees:
Stage Extension $ 400.00
Sound System $ 300.00 Basic Set-up
Stage Lights $ 400.00
Hang Banners $ 200.00
Multi Day Rental 10% Discount
Stage Rules and Guidelines:
1) Renter is responsible for removal of all banners, strings/rope, tape, thumb tacks, staples, etc.
2) No paint, stickers, graffiti, or permanent markings of any type are permitted.
3) Renter is responsible for removal of trash and debris left on and around the stage at the end of use.
4) Site selection is done by the renter, and as such the renter is responsible for site renovations and repair if
necessary. (i.e. ruts or disturbed turf)
5) Proper supervision of children in the stage area is advised.
General stage information: Basic working platform area: 32’ x 24’ with Stage Extension 32’ x 28’
I have read and fully understand the above and agree to the terms and conditions.
Signature of Agency Representative__________________________________________ Date_______________
Printed Name____________________________________________
TO BE COMPLETED BY THE RECREATION & PARKS DEPARTMENT
Approved_______________ Denied_______________
Stage Rental $_______________ Stage Deposit $_______________ Security Deposit $_______________
Stage Attendant Hourly Fees: $_______________
Total Charges: $______________________
Check #____________________ MO #____________________Receipt #___________________
Make checks payable to: Augusta Recreation & Park Department
RENTAL AUTHORIZATION AND PAYMENT LOCATION:
City of Augusta Special Events
836 Reynolds Street, Augusta, GA 30901
706-821-1754 telephone 706-821-1756 fax
Public Service Committee Meeting
6/11/2019 1:00 PM
Mobile Stage / Equipment Rental
Department:Recreation and Parks Department
Presenter:Ron Houck
Caption:Motion to authorize the Augusta Recreation and Parks
Department to rent the recently acquired mobile stage.
Background:The Recreation and Parks Department recently purchased a
Mobile Stage for the purpose of using it at City sponsored
Special Events and to rent it for private use during special events
that are located on Augusta, Georgia property.
Analysis:Being able to rent the mobile stage, would allow for a more
efficient use of the equipment and a means to generate additional
revenue for Augusta.
Financial Impact:The Department anticipates generating additional revenue
through the mobile stage rental process.
Alternatives:1. To Approve 2. To Move No Action
Recommendation:1. To Approve the Department of Recreation and Parks to rent
the mobile stage.
Funds are
Available in the
Following
Accounts:
N/A, revenue will be credited to 101-06-1495-38-31110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
MEMORANDUM
Date: Monday, May 6, 2019
To: Augusta Richmond County Commission
From: Robert H. Sherman III, Director of Planning and Development
Thru: Mr. Jarvis Sims, Interim Administrator of Augusta Richmond County
Mr. Tony McDonald, Deputy Administrator of Augusta Richmond County
Mr. Maurice McDowell, Interim Deputy Administrator of Augusta Richmond County
______________________________________________________________________________
Title- Planning & Development Building Divisions Recruitment and Retention of Qualified Staff Department- Planning & Development
Presenter- Robert Sherman or Department Designee Background- Since the year 2016, the Planning and Development Department has had thirteen (13) building staff to voluntarily separate from Augusta-Richmond County due to salary;
moreover, the department is challenged with recruiting experienced new/replacement staff with the current salaries. Effective July 1, 2019 House Bill 493, the Private Permitting Review and Inspection Act, further exemplifies the necessity of increasing the salaries of our building staff. The new bill will allow for developers to select their own reviewer from amongst private sector professional engineers and architects to complete their reviews and reduce the fees typically paid
to the department by 50%, if the city cannot complete a review of the initiating documents and drawings within five (5) business days of receipt. Analysis- For the purpose of retaining and recruiting experienced staff, the department proposes: 1) updating the divisions structure to allow for more timely promotion, adequate staffing and
salary increases, 2) collaborating with HR to update the current career ladders to align with the new structure and to offer more competitive salaries. Summary Financial- The building and inspections division has a dedicated reserve fund to cover the expenses related to their operating budget, it has approximately a 1.6-million dollar
balance. The increase in building permit fees will need to be in place for a minimum of two years in order to absorb the cost of the salary increases. If the salary increases are made effective immediately then the reserve fund will be used.
Recommendation- Planning & Development seeks approval to:
1. Stave the loss of talent and experience to neighboring jurisdictions 2. Implement the new building division structure (Appendix A) 3. Increase the salaries of existing staff as proposed (Appendix B) 4. Recruit and offer incoming building/construction staff up to mid-range of salary for the grade
5. Update the existing career ladder Alternative Privatization of the county building and inspections department in order to meet the demand and
comply with the upcoming state law GA HB 493. Funds There are funds available via the building divisions reserve fund, but in order to sustain the increase the department recommends raising the building permit fees during the upcoming
budget cycle with an effective date of January 1, 2020. The building permit fees for Augusta-
Richmond County lag behind our neighbors in Columbia County, GA by up to 200%; therefore, the department along with the Construction Advisory Board recommends a 15% increase in building permit fees annually for the next two (2) years to cover the increases in salary plus an additional 5% increase for two years following in order to sustain the increases, see Appendix
C).
RETENTION &
RECRUITMENT
ATTRACTING & MAINTAINING SKILLED STAFF WITHIN THE BUILDING-CONSTRUCTION DIVISION
VOLUNTARY SEPARATIONS
&
CURRENT RECRUITING EFFORTS
•Departures in the last three years: 13 Building Inspectors/Plans Examiners/Admin
•Average salary of 13 departed staff: $ 38,549
•Current Vacancies: 3/6
•Starting Salary
•Type of Applicants
•How long we have been advertising the positions
Table 1: Former Building Division Employees from 2015‐2019
Job Title Date of Hire End Date Years Salary
Plans Examiner 10/7/2016 9/7/201711 mo $ 45,197.54
Building Inspector III 4/25/2015 10/14/20161 yr 6 mo $ 44,898.36
Building Inspector II 6/13/2012 8/12/20164yrs 2 mo $ 40,945.00
Building Inspector 7/1/2018 11/6/20184 mo $ 39,262.84
Building Inspector 7/28/2018 1/4/20196 mo $ 39,262.84
Plumbing and Mechanical 9/28/2017 5/4/20188 mo $ 38,682.48
Building Inspector 8/26/2017 3/23/20187 mo $ 38,682.40
Building Inspector 5/21/2016 2/24/20179 mo $ 38,682.40
Electrical Engineer 9/19/2014 9/16/20151 yr $ 37,924.00
Plumbing and Mechanical 7/7/2015 9/30/20161 yr 2mo $ 37,924.00
Assistant Plans Examiner 10/7/2016 8/18/201710 mo $ 35,301.14
Assistant Plans Examiner 8/30/2014 10/10/20151 yr 2mo $ 35,065.00
Administrative Assistant 2/25/2017 9/4/20177 mo $ 29,317.86
GOALS
•Goal #1: Recruit and retain experienced staff
Objective A: Enhance the building division structure
Objective B: Modify the HR career path for building inspectors/plans examiners
Objective C: Increase the salaries of existing building/construction staff that are consistently
meeting/exceeding expectations
•Goal #2: Maintain annual building/construction division operations reserve fund balance
Objective A: Increase building permit fees
Objective B: Ensure we can meet the time lines set forth in the GA HB 493: Private
Permitting Review and Inspection Act
GOAL #1: RECRUIT AND
RETAIN EXPERIENCED STAFF
•Objective A: Updating the divisions structure will add
support with the creation of 3 new positions and the
identification of team leads by trade. Adopting the
proposed reorganization will aid in defining career paths
for inspectors and examiners.
•Objective B: Collaborate with HR to refine the career
ladders allowing for Inspector Levels I-II, who pass their
certifications and are in good standing to be promoted to
the next level provided they have 1-year of uninterrupted
employment.
•Objective C: Increasing the base salary (pay grade)
across all building inspector/examiner levels to be
competitive with counties of a similar size should attract
and retain skilled persons.
GOAL #2: MAINTAIN ANNUAL
BUILDING/CONSTRUCTION RESERVE FUND
•Revenue generating division
•Current operating budget is 1.7-million
•Proposed operating budget is1.9-million
•Revenue based on current permit fees
1.5-million
•Reserve Fund unaudited balance is 1.6-
million
Table 2: Richmond vs. Columbia County Building Permit Fee Comparison
FAMILY DOLLAR #3559 ACC CONST OFFICE #2886
COST $ 425,000.00 COST $ 400,000.00
SQ FT 9,000 SQ FT 6,100
TYPE V‐B TYPE II B
GROUP B GROUP B
AUGUSTA FEES AUGUSTA FEES
PERMIT $ 833.30 PERMIT $ 759.80
PLAN REVIEW $ 549.98 PLAN REVIEW $ 501.47
FIRE PLAN $ 150.00 FIRE PLAN $ 150.00
INSPECTIONS $ 238.00 INSPECTIONS $ 255.00
ELECTRICAL $ 237.95 ELECTRICAL $ 108.80
TEMP POLE $ 50.00 TEMP POLE $ 50.00
MECHANICAL $ 184.40 MECHANICAL $ 150.80
PLUMBING $ 62.60 PLUMBING $ 83.60
TOTAL $ 2,306.23 TOTAL $ 1,975.87
COLUMBIA COUNTY FEES COLUMBIA COUNTY FEES
PERMIT $ 5,523.39 PERMIT $ 4,931.78
PLAN REVIEW $ 250.00 PLAN REVIEW $ 250.00
FIRE PLAN $ 270.00 FIRE PLAN $ 183.00
ELECTRICAL $ 100.00 ELECTRICAL $ 100.00
TEMP POLE $ 35.00 TEMP POLE $ 35.00
MECHANICAL $ 100.00 MECHANICAL $ 100.00
PLUMBING $ 100.00 PLUMBING $ 100.00
TOTAL $ 6,378.39 TOTAL $ 5,699.78
Difference 176.57%Difference 188.47%
GA HB 493: PRIVATE PERMITTING REVIEW AND
INSPECTION ACT HIGHLIGHTS
•Notify applicant within 5 days of whether an application is complete
•Inform applicant if the plan review can be completed within 30 calendar days
•Inform applicant if an inspection can be completed within 2 business days
•If the city/county cannot guarantee the completion dates the owners can at their own
expense hire a private professional to perform the plan/review/inspection
•The fees to the local government are reduced by 50% if the completion dates are not
met
ACHIEVING SUSTAINABLE INCREASES
The revenue from the building division averages about $1,500,000.00 annually.
Planning proposes a modest increase in fees over the next four years as outlined
below.
Table 3: Building Permit Fee Increase Revenue Generation:
The following figures are based on an estimated base revenue of $1,500,000.00
Permit Fee Increases Annual Increase Yields
First Year 15%$225,000.00
Second Year 15%$258,750.00
Thrid Year 5%$110,438.00
Fourth Year 5%$140,147.00
DEPARTMENT RECOMMENDATION
Restructure building/construction division (creation of new positions)
Increase current building/construction division staff salaries
Increase the starting salary for new building division employees to the mid-range for the grade*
Refine the career ladders with HR to allow for growth
Increase of building permit fees over the next four years (15%, 15%, 5%, 5%)
APPENDIX A: AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT PROPOSED CONSTRUCTION REORGANIZATION CHART
Director
Robert Sherman III
Administrative
Assistant
Deputy Director
Carla Delaney
Electrical Team Lead
Inspector
Building Team Lead
Inspector
Plumbing & MechanicalTeam Lead Inspector
Asssistant PlansExaminer
Building Official
Marshall Masters
Electrical
Inspector
Building Inspector
(Vacant)
Plumbing &
Mechanical Inspector
Assistant Plans
Examiner
Plans Examiner
(New Position)
Field Supervisor(New Position)
ElectricalInspector
Building Inspector
(Vacant)
Building Inspector
(Vacant)
Building Inspector(New Position)
Plumbing &
Mechanical Inspector
MARVIN GRIFFIN OFFICE TELFAIR OFFICE
APPENDIX B: PLANNING & DEVELOPMENT DEPRTMENT BUILDING DIVISION: CURRENT VS. PROPOSED SALARIES
Planning would work within the existing job grades to allow for the increases; however, most
positions would be at or over the midrange but below the maximum for the grade.
Table 1: Current Job Grades for Building Division
Position Job Grade Minimum Mid Maximum
Asst Plans
Examiner Level I 14 $34,980 $43,275 $52,469
Bldg Inspector
Level I 15 $36,275 $45,344 $54,413
Bldg Inspector
Level II 16 $37,571 $46,963 $56,356
Bldg Inspector
Level III 17 $38,866 $48,583 $58,299
Bldg Inspector
Level IV 18 $40,162 $50,202 $60,243
Plans Examiner
Level I 19 $45,738 $52,599 $68,607
Bldg Official 25 $62,636 $72,032 $93,954
Table 2: Current & Proposed Staff Salary Adjustments Within Existing Job Grades
Job Title Current
Pay
Planning
Recommended
Pay
Planning %
of Increase Budgeted Amount
Building Inspector I (4) $39,851.00 $43,500.00 9% $174,000.00
Building Inspector II $45,177.00 $47,500.00 5% $47,500.00
Building Inspector III $48,252.00 $51,500.00 7% $51,500.00
Building Inspector IV NA $55,500.00 NA $55,500.00
Senior Building Inspector-Lead(3) NA $53,500.00 NA $160,500.00
Field Supervisor NA $58,315.00 NA $58,315.00
Assistant Plans Examiner (2) $38,570.00 $41,000.00 6% $82,000.00
Plans Examiner I NA $45,738.00 NA $45,738.00
Plans Examiner II NA $49,738.00 NA $47,415.00
Building Official $76,132.66 $82,014.00 8% $82,014.00
Administrative Assistant III $32,389.00 $36,304.00 12% $36,304.00
Annual Salaries Total $840,786.00
Chris Booker -Chairman 706-798-6792
Mark Capers -Vice-Chairman
March 4, 2019
Dear Augusta Commission & Janice Allen Jackson, Administrator:
On behalf of the Construction Advisory Board, this letter is to express our concern of the high turnover
rate of Building Inspectors and Plan Reviewers. It is our understanding that this is due to low wages and
lack of incentives. The division has had 13 resignations in the past three years.
We propose the following:
•Starting salary to be set at $43,500.00
•Career ladder to be revised to allow increases to next level at no more than 12 months.
•Capping the Enterprise fund at $1,500,000.00
•Re-organize the division to have additional levels of supervision, to include a Field Supervisor, and
team leads.
•Additional Building Inspector and Plans Examiner.
The current starting salary for a Building Inspector in the division is $36,275, this salary is not competitive
in the industry and has limited the recruiting of qualified building inspectors.
The current career ladder requires two years and proper certification to move to the next level, the board
supports revising the career ladder allowing one year and proper certification to move to the next level.
The revenue fund has an unaudited balance of $1,642,299.73 at the end of 2018. The board supports
using revenue from the enterprise fund to pay for the reorganization, as well as raising fees 15% for each
of the first two years, and 5% for the remaining two consecutive years.
The Building Division currently is staffing two offices, the division is in need of field supervision as well as
team leads to ensure that the departments business is being performed at a high level.
The division is in need of additional building inspectors, as well as a Plans Examiner to keep up with the
high volume of work that the city is experiencing.
If you have any questions or concerns please do not hesitate to give me a call (706) 798-6792.
Sincerely,
Chris Booker
Appendix C: Augusta Richmond County
Construction Advisory Board
Public Service Committee Meeting
6/11/2019 1:00 PM
Planning & Development Department Building Inspectors Recruitment and Retention of Qualified
Staff
Department:Planning and Development
Presenter:Robert H. Sherman III
Caption:Approve Planning's Building Division Restructure and Salary
Review.
Background:Since the year 2016, the Planning and Development Department
has had thirteen (13) building staff to voluntarily separate from
Augusta-Richmond County due to salary; moreover, the
department is challenged with recruiting experienced
new/replacement staff with the current salaries.
Effective July 1, 2019 House Bill 493, the Private Permitting
Review and Inspection Act, further exemplifies the necessity of
increasing the salaries of our building staff. The new bill will
allow for developers to select their own reviewer from private
sector professional engineers and architects to complete
department reviews and ultimately reduce the fees typically paid
to the department by up to 50%, if the city cannot complete the
reviews within the specified time frame.
Analysis:For the purpose of retaining and recruiting experienced staff, the
department proposes: 1) updating the divisions structure to allow
for more timely promotion, adequate staffing and salary
increases, 2) collaborating with HR to update the current career
ladders to align with the new structure and to offer more
competitive salaries.
Financial Impact:The building and inspections division has a dedicated reserve
fund to cover the expenses related to their operating budget, it
has approximately a 1.6-million dollar balance. The increase in
building permit fees will need to be in place for a minimum of
two years in order to absorb the cost of the salary increases. If
the salary increases are made effective immediately then the
reserve fund will be used.
Alternatives:Privatization of the county building and inspections department
in order to meet the demand and comply with the upcoming state
law GA HB 493.
Recommendation:Planning & Development seeks approval to: 1. Stave the loss of
talent and experience to neighboring jurisdictions 2. Implement
the new building division structure (Appendix A) 3. Increase the
salaries of existing staff as proposed (Appendix B) 4. Recruit
and offer incoming building/construction staff up to mid-range
of salary for the grade 5. Update the existing career ladder
Funds are
Available in the
Following
Accounts:
Org key 217072210. There are funds available via the building
divisions reserve fund, but in order to sustain the increase the
department recommends raising the building permit fees during
the upcoming budget cycle with an effective date of January 1,
2020. The building permit fees for Augusta-Richmond County
lag behind our neighbors in Columbia County, GA by up to
200%; therefore, the department along with the Construction
Advisory Board recommends a 15% increase in building permit
fees annually for the next two (2) years to cover the increases in
salary plus an additional 5% increase for two years following in
order to sustain the increases, see Appendix C).
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission