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2022-12-06-Meeting Minutes
Commission Meeting Agenda Commission Chamber - 12/6/2022 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Johnson, Garrett, Mason, Frantom, B. Williams, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Pastor Jeff Jarrett, Outreach Pastor, St. Luke United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Recognition of Outgoing Mayor and CommissionersRecognition of Outgoing Mayor Hardie Davis, Jr. and Outgoing Commissioners Ben Hasan, John Clarke and Dennis Williams for their outstanding dedication and service to the Augusta community. A. Recognition of Outgoing Mayor Hardie Davis, Jr. and Outgoing Commissioners Ben Hasan, John Clarke and Dennis Williams for their outstanding dedication and service to the Augusta community. Item Action: None Motions Motion Type Motion Text Made By Seconded By Motion Result Presentations are made to the outgoing Mayor Hardie Davis, Jr. (Serving from January 1, 2015 to December 31, 2022) and Commissioners Ben Hasan (Serving from August 25, 2014 to December 31, 2022), John Clarke (Serving from November 6, 2018 to December 31, 2022) and Dennis Williams (Serving from January 1, 2015 to December 31, 2022). 2022 November Years of Service (YOS) 25-50 year recipients B. Congratulations!!! 2022 November Years of Service (YOS) 25-50 year recipients. Item Action: None 2022-06-12_11-2022_YOS_For_25-50_YOS_Recipients_Memo.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentations are made to the November 2022 Years of Service recipients. Five (5) minute time limit per delegation DELEGATIONS C. Mr. Jackson Drumgoole, II regarding Tiny Home Community for youth aging our of the Foster Care System Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Drumgoole. D. Mr. Kevin de l'Aigle regarding status of parks and cemeteries in downtown Augusta and additional funding for same. Item Action: None SKM_C65822120110010.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. de l'Aigle. CONSENT AGENDA (Items 1-42) PUBLIC SERVICES 1. Motion to approve the purchase of four (4) Paratransit Cutaway Vehicles from Creative Bus Sales of College Park Georgia. (Approved by Public Services Committee November 29, 2022) Item Action: Approved Creative_Bus_Sales_Buer_s_Order_Contract.pdf Creative_Bus_Sales_Submittal.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 2. Motion to approve revised/updates to the current Adult Entertainment requirements. (Approved by Public Services Committee November 29, 2022) Item Action: None Adult_Entertainment_ZO_Edits_Nov_2022.pdf County_Code_of_Ordinances-_Adult_Ent_Edits.pdf 2022-29-11_Revised_Requirement_Adult_Entertainment_Draft_Ordinance.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner Ben Hasan Commisioner Sean Frantom No action was taken on this motion due to the passage of the Addendum item regarding the changes to the Adult Entertainment Ordinance. 3. Motion to approve New Location: A.N. 22-77: request by Karthik Kumar Allatti for retail package Beer & Wine License to be used in connection with Lotto Market located at 2228 Rosier Rd. Ste F. District 6. Super District 10. (Approved by Public Service Committee November 29, 2022) Item Action: Approved AN-22-77.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 4. Motion to approve New Ownership: A.N. 22-78: request by Amankumar Patel for a retail package Beer & Wine License to be used in connection with Lucky Lotto located at 1902 Windsor Spring Rd. District 6. Super District 10.(Approved by Public Service Committee November 29, 2022) Item Action: Approved AN-22-78.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 5. Motion to approve Existing Location: A.N. 22-79: request by Kevin Goldsmith for a retail package Beer & Wine License to be used in connection with Polipo located at 3629 Walton Way Ext. Ste A. The applicant is also requesting an Extension due to construction and permitting issues. District 7. Super District 10.(Approved by Public Service Committee November 29, 2022) Item Action: Approved AN-22-79.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 6. Motion to approve the annual application to the Federal Transit Administration (FTA) for Section 5303 funds in FY 2024.(Approved by Public Service Committee November 29, 2022) Item Action: Approved PR000413.pdf FTA_5303_App_and_UPWP.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 7. Motion to approve FY2023-FY2028 Aeronautical Radio, Inc. (ARINC) Lease Agreement. Approved by the Augusta Aviation Commission on October 26, 2022.(Approved by Public Service Committee November 29, 2022) Item Action: Approved Agenda_Item_-_ARINC_2023-2028_Lease_Agreement_ATTACHMENT.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 8. Motion to approve FY2023-FY2028 SITA Information Network Computing USA Inc. (SITA) Lease Agreement. Approved by the Augusta Aviation Commission on October 26, 2022.(Approved by Public Service Committee November 29, 2022) Item Action: Approved Agenda_Item_-_SITA_Lease_Agreement_-_ATTACHMENT.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes ADMINISTRATIVE SERVICES 9. Motion to approve the following annual bid item due to annual purchases for this bid is estimated to exceed $25,000.00. Annual Bid Item for Engineering and Environmental Services: 23-020 Concrete 23-037 Street Light Poles & Fixtures 23-048A Weed & Vegetation Control 23-049 Street Light Ballast Kits & Bulbs 23-053 Welding & Fabrication 23-099 Thermoplastic Traffic Marking 23-105 Roll-Off Recycling & Storage Containers Item Action: Approved 23-116 Various Pipe, Coupling & End Sections 23-117A Ferguson Waterworks Engineering Department The recommendation of award is for one (1) year with the option to extend for one (1) additional year upon mutual consent of both parties. (Approved by Administrative Services Committee November 29, 2022) 2023_Annual_Bid_Award_Recommendation_-_Request_#3-.xlsx 23-020_Concrete.pdf 23-037_Street_Light_Poles___Fixtures.pdf 23-048A_Weed___Vegetation_Contol.pdf 23-049_Street_Lights_Ballast_Kits___Bulbs.pdf 23-053_Welding___Fabrication.pdf 23-099_Thermoplastic.pdf 23-105_Roll-off_Recycling___Storage_Containers.pdf 23-117A_-_Pipe___Fittings.pdf 23-116_Various_Pipe_Coupling__End_Section.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 10. Motion to approve the purchase of two Ford Explorers, at a total cost of $73,310 from Wade Ford, one for 911 and one for Housing and Community Development. (Approved by Administrative Services Committee November 29, 2022) Item Action: Approved WADE_FORD_-_NOV_17_2022_-_LETTER_OF_INTENT.pdf P433034-Disencumber.pdf P433035-Disencumber.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 11. Motion to approve Amendment 3 from W.K. Dickson in the amount of $33,000.00 for lighting design of Jamestown Park and approve the reallocation of $205,000.00 from Fleming Tennis Center SPLOST 6 account to SPLOST 6 Jamestown Park account. Reference ITB 17-276 / PO # 18REC415(Approved by Administrative Services Committee November 29, 2022) Item Action: Approved 2022-09-27_Contract_for_Services_Amendment_No._3_WK_Dickson_Jamestown_Park.pdf Justification_18REC415_CO#3.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 12. Motion to approve the purchase of 30 Dodge Police Charger, bid #22-289 at a total cost of $1,268,357 from Thomson Motor Center for the Richmond County Sheriff’s Office and Marshal’s Office. (Approved by Administrative Services Committee November 29, 2022) Item Action: Approved RCSO_125K_List.xls SFLMTPOL0122102411310.pdf Invitation_to_Bid.docx 22-289_TAB.pdf 22-289_Plan_Holders.pdf 22-289_Recommendation_of_Award.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 13. Motion to approve the Human Resources Department to enter into a third-party agreement for the Affordable Cares Act (ACA) Compliance requirements. (Approved by Administrative Services Committee November 29, 2022) Item Action: Approved LETTER_OF_INTENT_-_HR.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 14. Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1409 Maple Street, within Laney Walker/Bethlehem.(Approved by Administrative Services Committee November 29, 2022) Item Action: Approved HonnetteHabitat_Agreement.doc ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 15. Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1465 Brown Street, within Laney Walker/Bethlehem.(Approved by Administrative Services Committee November 29, 2022) Item Action: Approved 1465_Brown_St_Agreement.doc ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 16. Motion to approve execution of the Professional Services Agreement with the SimTech Solutions for use of the “Counting Us” mobile application for the January 2023 Point in Time Count (PIT Count). This service is necessary to meet Augusta’s obligations to Augusta’s Continuum of Care (CoC) / Emergency Solutions Grant (ESG) requirements set forth by the U.S. Department of Housing and Urban Development (HUD). (Approved by Administrative Services Committee November 29, 2022) Item Action: Approved Point_In_Time_Professional_Services_Agreement_-_GA-504_-_2023.pdf Simtech_Solutions_PIT_Tools_and_Services_-_Qualifications_and_References.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 17. Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding for architectural drawings for the new construction of one (1) single-family home identified as 1327 Eleventh Street, within Laney Walker/Bethlehem.(Approved by Administrative Services Committee November 29, 2022) Item Action: Approved 1327_11th_Street_A_E_agreement.doc ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 18. Motion to approve the Information Technology Department’s Reorganization to include Reduction in Force (RIF) if necessary. (Approved by Administrative Services and Public Safety Committees November 29, 2022) Item Action: Approved 2022_Restructure_-_IT_Org_Chart_-_11-9-22.pdf Proposed_Reorganization_Cost_Estimates.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 19. Motion to approve a one-year lease with Murray Real Estate, Inc. for property at 324 Walton Way utilized for Misdemeanor Probation Services. (Approved by Administrative Services Committee November 29, 2022) Item Action: Approved 324_Walton_Way_Land_Lease.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 20. Motion to approve the second one-year renewal of the Misdemeanor Probation Services contract and associated facility lease with CSRA Probation Services, Inc. (Approved by Administrative Services Committee November 29, 2022) Item Action: Approved Letter_of_Request_-_Augusta_Lease_Renewal.pdf Augusta_Lease.pdf EXECUTED_-_2019-05-31_Misdemeanor_Probation_Services_Contract_RFP_19-180.pdf Letter_of_Request.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes PUBLIC SAFETY 21. Motion to approve allocating funding $52,098.00 for RCSO to implement Justice Assistance Grant Taser 7 program. (Approved by Public Safety Committee November 29, 2022) Item Action: Approved New_Grant_Proposal_Taser_2023.pdf BJA_FY_2022_Edward_Byrne_Memorial_Justice_Assistance_Grant-_Solicitation.pdf Budget_Narrative_Taser_7_8-2022.docx JAG_application_Abstract_taser_7__8-22.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 22. Motion to approve Agreement with Koa Hills Consulting, Inc. to provide staff training across multiple Departments on the reporting tools within the City’s ERP system. (Approved by Public Safety Committee November 29, 2022) Item Action: Approved City_of_Augusta_SOW_-_Cognos_Training.pdf 2022-10-18_Approval_Letter_-_SUGA_Education_Training___Development_Inc.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 23. Motion to approve Amendment with Motorola Solutions, Inc. to provide PremierOne CSR Hosting and Maintenance in the 2023 Calendar Year for the 311 Department.(Approved by Public Safety Committee November 29, 2022) Item Action: Approved Approval_Letter_February_19_2019.pdf Motorola_PremierOne_CSR_Amendment_Number_Three_v09-19-2022_Moto_signed.pdf Motorola_PremierOne_CSR_contract_extension_proposal_9-19-2022.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 24. Motion to approve acceptance of a Criminal Justice Coordinating Council Law Enforcement Training grant in the amount of $56,660. (Approved by Public Safety Committee November 29, 2022) Item Action: Approved CJCC_LET_GRANT_FY_2023.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 25. Motion to approve Richmond County Juvenile Court award of a $500 McDonald's Golden Grant. (Approved by Public Safety Committee November 29, 2022) Item Action: Approved GG_Winner_(54).pdf SKM_C550i22110314190.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 26. Motion to approve change order #2 design/build services for the Richmond County Sheriff's Office Training Range (Reference 21-166 / 21CSA135).(Approved by Public Safety Committee November 29, 2022) Item Action: Approved 21-121-RCSO_Range_Support-001-Design_Changes_amp_Material_Escalations-Option_3-Signed_by_RWA_-_2022-09- 21.pdf pay_app#1_RCSO_Contract_21-121.pdf 21-121_Approval_of_Change_Order_#2.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes FINANCE 27. Motion to approve funding in the amount of $165,000.00 to cover the December 6, 2022 General Run Off ; the December 20, 2022 Democratic Special Primary; and the opening of advance early voting sites on Sunday November 27, 2022 funded from Contingency Fund. (Approved by Finance Committee November 29, 2022) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 28. Motion to approve and accept $2,000,000 ARPA award to address the Augusta Judicial Circuit caseload.(Approved by Finance Committee November 29, 2022) Item Action: Approved Agreement-The_Judicial_Council_of_Georgia_ARPA_Funding_Agreement-CY2023.pdf Award-The_Judicial_Council_of_Georgia_ARPA_Funding_Award-CY23.pdf GL_Budget_and_Actuals_with_Encumbrance_2023.pdf Terms_and_Conditions_-_Judicial_Council_ARPA_Grant_2023.pdf 2023_Approved_Budget_-_Judicial_Council_ARPA_Grant.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes ENGINEERING SERVICES 29. Motion to approve the continued funding of the current On-Call Field and Laboratory Testing for Soil and Construction Material, and Geotechnical Inspection and Investigation (CMT_Geotech) Services contract in the amount of $258,090.00 for 5th & 6th Streets Improvements Projects. RFP 19-179 / Requested by Engineering (Approved by Engineering Services Committee November 29, 2022) Item Action: Approved MC_Squared_Proposal_-CMT_CEEI_Services_for_5TH___6TH_Street_Improvement.pdf 19-179_ON-CALL_CONSTRUCTION_MATERIAL_INSPECTION_AND_TESTING.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 30. Motion to approve award of Construction Contract to Reeves Construction, subject to Value Engineering and in the amount of $10,041,083.90, for Transportation Investment Act (TIA) Projects, 5th Street & 6th Street Improvements Projects, subject to receipt of signed contracts and proper bonds. RFP 22-258 / requested by Engineering.(Approved by Engineering Services Committee November 29, 2022) Item Action: Approved Reeves_5th_and_6th_Street_VE_Final_Fee.pdf 22-258_RFP_Advertisement_for_Paper.docx 22-258_TAB.pdf 22-258_Compliance_Review.pdf 22-258_Cumulative_Eval_Sheet.pdf 22-258_Department_Recommendaiton_of_Award_5th_St-6th_St_Improvements.pdf 22-258_Department_Recommendation_of_Award_-_5th- 6th_Improvements_Contract_Awad_Supplemental_Recom_ENG1072022.pdf 22-258_Plan_Holders.pdf FYI_Process_Reguarding_RFP_updated_5-3-21.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 31. Motion to approve Amendment No. 10 to Agreement with ESG Operations, Inc. to establish the final budget amount for 2023.(Approved by Engineering Services Committee November 29, 2022) Item Action: Approved Amendment_10_1110_Final..pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 32. Motion to approve construction services contract with Gearig Civilworks for the purchase of 2,200 linear feet of 12” PVC water line pipe to be installed along Valencia Way in the amount of $170 ,500.00. (Approved by Engineering Services Committee November 29, 2022) Item Action: Approved ACP_Bypass_Line_Exhibit.pdf ACP_Bypass_Line_Directors_Memo_initialed_14Nov22.pdf 22008-1100_12_Inch_C-900_Valencia_Way_Invoice.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 33. Motion to approve supplemental funding (SA3) for Engineering Phases of Design Consultant Services Agreement to Hussy Gay Bell (HGB) in the amount of $71,695 for the Broad Street Improvements. RFP 18-311 / requested by the AED.(Approved by Engineering Services Committee November 29, 2022) Item Action: Approved HGB-BroadStreet_SA_PE_Services_10262022.pdf SA3-Broad_Street_Imp_10.31.2022.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Commissioner Ben Hasan Commisioner Sean Frantom Passes Motion to approve. Motion Passes 10-0. 34. Motion to approve entering into Franchise Agreement (Agreement) with Comcast of Georgia/South Carolina LCC. Also approve the Agreement to be executed by Augusta, GA Legal Counsel and the Mayor. (Approved by Engineering Services Committee November 29, 2022) Item Action: Approved Comcast_Franchise_Agreement.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with the removal of Section 9 which obligated Augusta to provide certain programming services with Comcast provision that has never been used before with this franchise agreement, provides for the renewal and alteration of the agreement to provide Augusta with additional revenues for their use in the right-of- way, provide for procedures if there is dispute between Augusta in the right-of-way and will greatly improve Augusta's relationship with Comcast and produce revenues to help with the upkeep of our right-of-way. Motion Passes 10-0. Commissioner Brandon Garrett Commissioner Ben Hasan Passes 35. Motion to approve supplemental funding (phase 2 funding) in the amount of $2,500,000.00 for Warren Lake in-progress dredging under Contract of Sediment Dredging and Disposal Construction Services to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging for continuation of Warren Lake dredging & sediments removal & disposal . RFP 20-224/ Requested by Engineering.(Approved by Engineering Services Committee November 29, 2022) Item Action: Approved WARREN_LAKE_DREDGING-Fee-Final_02222022.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 36. Motion to approve Additional Supplemental funding for Completing In progress Rehabilitation of Augusta Landfill Phase 3 Active Phase Service Road & associated repairs in the amount of $225,120.30. Requested by Engineering. RFP 16-161 - 22ENG115 (Approved by Engineering Services Committee November 29, 2022) Item Action: Approved Richmond_County_Landfill_Paving_Repairs-Supplement__#22353_1.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 37. Motion to approve the supplemental work needed to assess identified structures between 1910-1946 Ellis Street by Cranston Engineering in the amount of $59,967.00. (Approved by Engineering Services Committee November 29, 2022) Item Action: Approved Drainage_Report.pdf Resident_-_Ellis_St._Cranston_Report.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 38. Motion to approve Task Order four (SA4) funding for Drainage System Assessment, Verification and Drainage Improvements Engineering Services Agreement to Ardurra (former Constantine Engineering) in the amount of $49,575.00 for Overton Road Drainage Sub-basin design phase services. RFQ 19- 148 / requested by Engineering.(Approved by Engineering Services Committee November 29, 2022) Item Action: Approved Task_Order_Four-_AED_MorningsideOverton_10202022.pdf 21ENG139_Constantine__Ardurra_SA4_rev.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 39. Motion to approve award of Construction Contract to E R Snell Contactor, Inc. subject to Value Engineering and in the amount of $25,132,471.20 for Transportation Investment Act (TIA) Projects, Telfair Street & 13th Street Improvements Projects, subject to receipt of signed contract and proper bond. RFP 22-195 / requested by Engineering .(Approved by Engineering Services Committee November 29, 2022) Item Action: Approved 13th_and_Telfair_Street_-VE_Final_Fee_ER_Snell.pdf 22-195_RFP_Advertisement_for_Paper.docx 22-195_TAB.pdf 22-195_Cumulative_Eval_Sheet.pdf 22-195_Recommendation_of_award_and_Justificaiton_Suplemental_Recommendation.pdf 22-195_Plan_holders.pdf FYI_Process_Reguarding_RFP_updated_5-3-21.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 40. Motion to approve Supplemental funding (SA#4) for continuity of Engineering Phase of Design Engineering Consultant Agreement to Hussey Gay Bell and DeYoung (HGB) in the amount of $174,702.50 for Augusta Engineering Transportation Improvement Program (TIP) Operational Efficiency of Various Intersections Project. Requested by Engineering. RFQ 17-127 (Approved by Engineering Services Committee November 29, 2022) Item Action: Approved HGB_Intersections_Projects-SA4_Fee_Proposal.pdf SA4_Hussey_Gay_Bell_DeYoung_agenda.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes PETITIONS AND COMMUNICATIONS 41. Motion to approve minutes of the Regular Meeting held November 15, 2022 and the Special Called Meeting held November 29, 2022. Item Action: Approved Regular_Commission_Meeting_November_15_2022.pdf Called_Commission_Meeting_November_29_2022.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes APPOINTMENT(S) 42. Motion to approve the appointment of Ms. Maggie Deloach to the Augusta Historic Preservation Commission representing District 7. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Scott and Ms. McKnight abstain. Voting No: Commissioner John Clarke, Commissioner Jordan Johnson. Motion Passes 6-2 -2. Commisioner Sean Frantom Commissioner Brandon Garrett Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 12/6/2022 AUGUSTA COMMISSION REGULAR AGENDA 12/6/2022 (Items 43-51) PUBLIC SERVICES 43. Discuss renovations for the city's Sue Reynolds Community Center. (Requested by Mayor Pro Tem Bobby Williams) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve funding for the renovations in the amount of $150,000 from ARP funding. Commissioner Bobby Williams Commissioner Catherine Smith- McKnight No action was taken on this motion due to the passage of the substitute motion. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve the renovations with $200,000 of funding from ARP funding. Voting No: Commissioner Dennis Williams. Motion Passes 9-1. Commissioner John Clarke Commissioner Francine Scott Passes ADMINISTRATIVE SERVICES 44. Update on the HRIS System for Human Resources Department. (Requested by Commissioner Ben Hasan) Item Action: Approved ItemApprovalSheet.html Motions Motion Text Motion Type Made By Seconded By Motion Result It was the consensus of the Commission that this item be received as information without objection. 45. Motion to approve the Office of the Clerk of Commission Department’s Organizational Realignment. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes FINANCE 46. Motion to approve the allocation of ARPA funding for essential quality-of-life services. (Requested by Mayor Hardie Davis, Jr.) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve allocating $500,000 for the Augusta library system and an additional $25,000 for the Serenity Mental Health program with funding from ARP. Voting No: Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Jordan Johnson, Commissioner Alvin Mason. Motion Passes 6-4. Commissioner Bobby Williams Commissioner John Clarke Passes 47. Motion to approve fund balance resolution. (Requested by Mayor Davis and Commissioner Francine Scott) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes ENGINEERING SERVICES 48. Motion to approve the installation of six (6) speed humps along Elders Drive between Harper Franklin and Billie J Drive per Augusta speed hump adopted Policy. Also approve construction funds in amount of $30,000. (Requested by Engineering and Mayor Pro Tem Bobby Williams) Item Action: Approved 2022-06-12_Supporting_Documents_Elders_Speed_Humps_22-11-16.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes ADMINISTRATOR 49. Motion to approve Certificate of Distribution for Local Option Sales Tax. (Requested by the Administrator) Item Action: Approved 2022-06-12_Certificate_of_LOST_Ddistribution_A.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Brandon Garrett Commissioner John Clarke Passes ADDENDUM 50. Motion to approve the revised ordinance amending the following code section in association with agenda item no. 2: change noted on the last page. (Requested by the Planning & Development Department) An Ordinance to amend Title 6, Chapter 1 and Title 8, Appendix B, Section 28C of the Augusta, Georgia Code; and for other purposes. Item Action: Approved Adult_Entertainment_Ordinance_12-6.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission that this item be added to the agenda without objection. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with the proposed changes as listed. Voting No: Commissioner Commissioner Ben Hasan Commisioner Sean Frantom Passes Alvin Mason. Motion Passes 9-1. 51. Motion to approve the reappointments and appointment of the following to the CSRA Economic Opportunity: Augustus Thurmond, Brenda Bonner, Dr. Louise Rice, Linda LaMarr and Keona Tucker. (Requested by Mayor Pro Tem Bobby Williams) Item Action: Approved Appointments_-_CSRA_Economic_Opportunity.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission that this item be added to the agenda without objection. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 52. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 12/6/2022 2:00 PM St. Luke United Methodist Church Pastor Jeff Jarrett, Department: Department: Caption:Pastor Jeff Jarrett, Outreach Pastor, St. Luke United Methodist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov November 17, 2022 Department Directors & Elected Officials, The Commission on June 16, 2009, adopted the Augusta-Richmond County Employee Incentive Awards Program (EIAP). The program provides a number of initiatives that have been designed to show our appreciation for our dedicated and loyal employees. The ability to recognize and honor our employees’ longevity has been established through our new Years of Service (YOS) program. A complete description of the EIAP and its operating procedures is located on the Human Resources site at http://augwebv017:8080/EmployeeResources/hrcitynet/default.aspx. We are pleased to advise you that for the month of November 2022, the following employee(s) have attained their anniversary date in recognition of 25-50 years of dedicated service and are now eligible to receive their Years of Service pin and plaque: FIRST LAST DEPARTMENT YOS TERRELL NORMAN MARSHAL 25 HOWARD HARTUNG MARSHAL 25 KEISHA BURNS MARSHAL 25 RHONDA BRADLEY SHERIFF’S OFFICE 25 JOHN CAWLEY FIRE DEPARTMENT 25 AUGUSTINE RHODES BUSH FIELD AIRPORT 30 GERALD METZLER SHERIFF’S OFFICE 40 Please make arrangements to have your employee in attendance at the Commission meeting scheduled for Tuesday, December 6, 2022, for recognition by the Mayor and Commission and presentation of their service pins and plaques of achievement. All persons to be recognized should be in the Commission Chambers by 1:45 p.m. Please let us know whether the employee will or will not attend by contacting me by phone at (706) 826-1377 or via e-mail at spalmer@augustaga.gov, by Thursday, December 1, 2022, 12:00 Noon. Your support and cooperation is much appreciated. With regards, Anita Rookard, HR Director /slp cc: Mayor Hardie Davis, Jr. Takiyah A. Douse, Interim Administrator HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov Lena Bonner, Clerk of Commission Commission Meeting Agenda 12/6/2022 2:00 PM 2022 November Years of Service (YOS) 25-50 year recipients Department:Human Resources Department:Human Resources Caption: Congratulations!!! 2022 November Years of Service (YOS) 25-50 year recipients. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Mr. Jackson Drumgoole Department: Department: Caption: Mr. Jackson Drumgoole, II regarding Tiny Home Community for youth aging our of the Foster Care System Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Mr. Kevin de l'Aigle Department: Department: Caption: Mr. Kevin de l'Aigle regarding status of parks and cemeteries in downtown Augusta and additional funding for same. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM ADA Paratransit Van Purchase Department:Augusta Transit Department:Augusta Transit Caption:Motion to approve the purchase of four (4) Paratransit Cutaway Vehicles from Creative Bus Sales of College Park Georgia. (Approved by Public Services Committee November 29, 2022) Background:Due to the demand of vehicles along with the chip and chassis shortages, Augusta Transit is requesting the purchase of these vehicles from the State of Oklahoma Contract # SW0797. “Creative Bus Sales has been allowed to sell numerous FTA funded purchases over a number of years to agencies around the country utilizing the Oklahoma Office of Management and Enterprise Services (OMES) Statewide Contract 797, ADA Compliant Transit Buses. Further, the Oklahoma Department of Transportation (ODOT) specifically responded to the question of utilization by entities in states other than Oklahoma and the official response from the state and legal is included. Other Georgia agencies such as Rome Transit, Hall County Transit and Liberty Transit has recently received the approval of GDOT and issued a purchase order for transit buses utilizing the SW0797 contract. Analysis:These vehicles will replace four (4) aging vehicles that have exceeded the 4 year/100,000-mile useful life established by the Federal Transit Administration. The pricing for these vehicles includes extended warranties of five years on most components such as the chassis, climate Control System, and Structure and Body Systems. Financial Impact:This purchase will be funded with federal grant funds from the Transit Department’s 2022 Capital Budget. The allocated funding breakdown is: Split Federal Local FTA Grant GA-2021-004-00 100% $483,571.84 $0.00 Total $483,571.84 Alternatives:Deny the purchase. However, the current price of the vehicles are $120,892.96 each. If we delay the purchase of the vans, the next order will be approximately the fourth quarter of 2023 and the price will increase with a delivery date in 2024. Due to the age of the ADA Paratransit Fleet, maintenance costs will increase, and reliability will decrease. Recommendation:Approve the purchase so that Transit can move forward with updating its ADA Paratransit fleet. Funds are Available in the Following Accounts: 54709-1227-54-22220 and 54709-1227-54-22110. REVIEWED AND APPROVED BY: 28 – C- 1 SECTION 28 C ADULT ENTERTAINMENT 28-C-1 REFERENCE TO THE CITY CODE. This section relates to the Title 6 Chapter 1 of the Augusta, Georgia Code entitled "Adult Entertainment." This Code Section is included in part in the Zoning Ordinance as it relates to locations, or zoning districts and therefore to the extent that it relates to such plans, policies and zoning procedures must be followed. 28-C-2 DEFINITIONS. The following terms used in this Section defining adult entertainment establishments shall have the meanings indicated below: (a) Adult bookstore. An establishment having a substantial or significant portion of its stock in trade, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section comprising five (5) percent or more of its total floor space, devoted to the sale or display of such materials or five (5) percent or more of its net sales consisting of printed materials which are for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (b) Adult dancing establishment. A business that features dancers displaying or exposing specified anatomical areas. (c) Adult motion picture theater. An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (d) Adult mini-motion picture theater. An enclosed building with a capacity of less than fifty (50) persons used for commercially presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (e) Adult motion picture arcade. Any place to which the public is permitted or invited wherein coins or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. (f) Adult video store. An establishment having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, 28 – C- 2 whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five (5) percent of its total floor space, devoted to the sale of display of such material or which derives more than five (5) percent of its net sales from videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (g) Erotic dance establishment. A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis or specified sexual activities or specified anatomical areas. (h) Escort bureau; introduction services. Any business, agency or persons who, for a fee, commission, hire, reward, or profit, furnish or offer to furnish names of persons, or who introduce, furnish or arrange for persons who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. (i) Good moral character. A person is of good moral character according to this chapter if that person has not been convicted of a felony involving serious sexual misconduct, or a crime not a felony if it involves serious sexual misconduct, in the past five (5) years. Conviction shall include pleas of nolo contendere or bond forfeiture when charged with such crime. (j) Reserved. (k) Reserved. (l) Minor. For the purposes of this Chapter, any person who has not attained the age of eighteen (18) years. (m) Permitted premises. The business location for which a permit and a Business Tax Certificate has been issued to operate an adult entertainment establishment. (n) Specified sexual activities. Shall include any of the following: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship in any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 28 – C- 3 (2) Clearly depicted human genitals in a state of sexual stimulation, arousal or turmescence; or (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or (5) Masochism, erotic or sexually oriented torture, beating of the infliction of pain; or (6) Erotic or lewd touching, fondling or other sexual contact with an animal by human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation. (o) Specified anatomical areas. Shall include any of the following: (1) Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; or (2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered. 28-C-3 LOCATION. No adult entertainment establishments shall be located in any zone other than one designated as "LI" Light Industrial or "HI" Heavy Industrial under the Comprehensive Zoning Ordinance for Richmond County, as incorporated in the Augusta-Richmond County Code, Title 8, Chapter 5. In addition, no adult entertainment establishment or use restricted hereunder shall be located; (a) within 1,000 feet of: (1) A church or place of religious worship; (2) A public or private elementary or secondary school; (3) A child care facility; (4) A boundary of a residential district as defined in the Comprehensive Zoning Ordinance. (5) A public park; (6) A cemetery; 28 – C- 4 (7) The property line of a lot devoted to a residential use as defined in the Comprehensive Zoning Ordinance; (8) Another sexually oriented business which does not have a common entrance with an already licensed or exempted sexually oriented business; or (9)(8) A governmental building or site, which shall be defined as all public buildings, parks, and recreational areas owned, operated or occupied by Augusta. (10) Another sexually oriented business. (11)(9) Within the parameters of an area designated as an Augusta gateway/corridor in the Corridor/Gateway Action Plan (2000), as presently existing or hereafter modified, adopted by the Augusta Commission and on file in the office of the Clerk of the Commission. Gateways and Corridors are defined as follows: a. Gordon Highway/Doug Barnard Parkway Gateway - All property located within 1000 500feet of the intersection of the centerlines of these roadways; b. I-20/Riverwatch Parkway Gateway - All property located within 1,2000 feet of the intersection of the centerlines of these roadways; and c. Peach Orchard Road/Gordon Highway Corridor - All property located within 1000 500 feet of the centerline of the following roadways: Peach Orchard Road from Tobacco Road to Gordon Highway, and Gordon Highway from Peach Orchard Road to Walton Way. (b) A person commits an offense if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure, or its portion, or the increase of floor area of any sexually oriented business in any building, structure, or its portion, containing another sexually oriented business. (c) For the purposes of subsection (a)(1) through (9) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or place of religious worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, a cemetery, residential district or residential lot. (d) For purposes of subsection (c) (10) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line along the road frontage., without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (e) Any sexually oriented business lawfully operating as of January 1, 1996 that is in violation of subsections (a), (b) or (c) of this section shall be deemed a nonconforming use. Such use will be permitted to continue for a period not to exceed one year unless sooner terminated for any such reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are 28 – C- 5 (e) within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming. (f) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church or place of religious worship, public or private elementary or secondary school, governmental building or site, cemetery, residential district or residential lot within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. LICENSE AND BUSINESS REGULATIONS Chapter 1 ADULT ENTERTAINMENT* Sec. 6‐1‐1. Findings; public purpose. Based on the experience within Augusta, neighboring counties and in reliance on studies by the Cities of St. Marys, Georgia, Austin, Texas, Amarillo, Texas, Beaumont, Texas, Indianapolis, Indiana, Los Angeles, California, Phoenix, Arizona, St. Paul, Minnesota, Garden Grove, California, and Tucson, Arizona, which experiences and studies have been found by the Augusta‐Richmond County Commission to be similar to the problems faced by Augusta, Georgia and in further reliance on federal case law reciting findings on the issue, the Commission takes note of the notorious and self‐ evident conditions attendant to the commercial exploitation of human sexuality, which do not vary greatly among generally comparable communities within the country. Moreover, it is the finding of the Commission that public nudity (either partial or total) under certain circum‐ stances, and the display and sale of material distinguished or characterized by an emphasis on matter depicting, describing, or related to specified sexual activities or specific anatomical areas for observation and purchase by patrons therein, particularly in adult entertainment establishments, begets criminal behavior and tends to create undesirable community conditions. Among the acts of criminal behavior identified with public nudity, adult bookstores and adult entertainment establishments are disorderly conduct, prostitution, child molestation and drug trafficking and use. Among the undesirable community conditions identified with public nudity, adult book‐ stores and adult entertainment establishments are depression of property values in the surrounding neighborhood, increased expenditure for and allocation of law enforcement personnel to preserve law and order, increased burden on the judicial system as a consequence of the criminal behavior hereinabove described, and acceleration of community blight by the concentration of such establishments in particular areas, and the re‐ resultant difficulty in fostering economic and community development in the surrounding neighborhood. Therefore, the limitation of nude conduct in adult entertainment establishments and the regulation of adult entertainment establishments are in the public welfare and it is a matter of governmental interest and concern to prevent the occurrence of criminal behavior and undesirable community conditions normally associated with adult entertainment establishments. The Augusta‐Richmond County Commission hereby declares that the purpose of this Chapter is to regulate certain types of businesses including, but not limited to, adult entertainment establishments, to the end that the many types of criminal activities and undesirable community conditions frequently engendered by such businesses will be curtailed. However, it is recognized that such regulation cannot de facto approach prohibition. Otherwise, a protected form of expression would vanish. As to adult entertainment establishments, this Chapter represents a balancing of competing interests: reduced criminal ac‐ activity and protection of the neighborhoods through the regulation of adult entertainment establishments and the protected rights of adult entertainment establishments and patrons. Sec. 6‐1‐2. Definitions. The following terms used in this Chapter de‐ fining adult entertainment establishments shall have the meanings indicated below: (a) Adult bookstore. An establishment having a substantial or significant portion of its stock in trade, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section comprising five (5) percent or more of its total floor space, devoted to the sale or display of such materials or LICENSE AND BUSINESS REGULATIONS five (5) percent or more of its net sales consisting of printed materials which are distinguished or characterized by their emphasis on matter depicting, describing or re‐ relating to specified sexual activities or specified anatomical areas. (b) Adult dancing establishment. A business that features dancers displaying or exposing specified anatomical areas. (c) Adult motion picture theater. An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (d) Adult mini‐motion picture theater. An enclosed building with a capacity of less than fifty (50) persons used for commercially presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical ar‐ eas for observation by patrons therein. (e) Adult motion picture arcade. Any place to which the public is permitted or invited wherein coins or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image‐producing de‐ vices are maintained to show images to five (5) or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or de‐ scribing specified sexual activities or specified anatomical areas. (f) Adult video store. An establishment having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five (5) percent of its total floor space, devoted to the sale or display of such material or which derives more than five (5) percent of its net sales from videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (g) Erotic dance establishment. A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go‐go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (h) Escort bureau; introduction services. Any business, agency or persons who, for a fee, commission, hire, reward, or profit, furnish or offer to furnish names of persons, or who introduce, furnish or arrange for persons who may accompany other per‐ sons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. (i) Good moral character. A person is of good moral character according to this Chapter if that person has not been convicted of a felony involving sexual misconduct, or a crime not a felony if it involves serious sexual misconduct, in the past five (5) years. Conviction shall include pleas of nolo contendere or bond forfeiture when charged with such crime. (j) Reserved. (k) Reserved. (l) Minor. For the purposes of this Chapter, any person who has not attained the age of eighteen (18) years. (m) Permitted premises. The business LICENSE AND BUSINESS REGULATIONS location for which a permit and a Business Tax Certificate has been issued to operate an adult entertainment establishment. (n) Specified sexual activities. Shall include any of the following: (1) Actual or simulated sexual intercourse, oral copulation, anal inter‐ course, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship in any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or (5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or (6) Erotic or lewd touching, fondling or other sexual contact with an animal by human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation. (o) Specified anatomical areas. Shall include any of the following: (1) Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; or (2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered. Sec. 6‐1‐3. Erotic dance establishment regulations. (a) No person, firm, partnership, corporation or other entity shall advertise or cause to be advertised an erotic dance establishment without a valid adult entertainment establishment permit and Business Tax Certificate issued pursuant to this Chapter. (b) No later than December first of each year, an erotic dance establishment Business Tax Certificate holder shall file a verified report with the License and Inspection Department showing the Business Tax Certificate holder's gross receipts and amounts paid to dancers for the preceding calendar year. (c) An erotic dance establishment Business Tax Certificate holder shall maintain and retain for a period of two (2) years the names, addresses and ages of all persons employed as dancers. (d) No adult entertainment establishment Business Tax Certificate holder shall employ or contract with as a dancer a person under the age of eighteen (18) years or a person not permitted pursuant to this Chapter. (e) No person under the age of eighteen (18) years shall be admitted to an adult entertainment establishment. (f) An erotic dance establishment may be open only between the hours of 8:00 a.m. and 3:00 a.m. Monday through Friday, and Saturday from 8:00 a.m. through 2:30 a.m. on Sunday. No Business Tax Certificate holder shall permit his place of business to be open on Christmas Day. (g) No erotic dance establishment Business Tax Certificate holder shall serve, sell, distribute or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the Business Tax Certificate holder; LICENSE AND BUSINESS REGULATIONS provided, however, nothing shall affect any vested rights of the holder of an alcohol license. (h) An adult entertainment establishment Business Tax Certificate holder shall conspicuously display all Business Tax Certificates required by this Chapter. (i) All dancing shall occur on a platform intended for that purpose which is raised at least two (2) feet from the level of the floor and no more than one dancer shall occupy such platform at any one time. (j) No dancer shall leave that platform without first putting on clothing that does not expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals. (k) No dancer, waitress, bartender, or other employee shall sit, mingle, wait on customers, or walk around inside the establishment in view of any customer without being clothed as provided in subparagraph (j) above. (l)(i) All platform dancing will be performed on permanent secured platforms as described above, and will be in plain view of the entire audience. No private or "Oone on one" dances shall be allowed in plain view of the entire audience only. (m) No dancing shall occur closer than ten (10) feet to any patron. (n)(j) No dancer shall touch, fondle or caress any portion of breasts, buttocks, pubic region, or genital area, nor shall she touch, fondle or caress any patron and Nno patron shall fondle or caress any dancer, or use any clothing or inanimate object to do such. (o) All dancers shall remain on their feet at all times during their dance show or routine. (p)(k) Any pay or gratuity from any patron shall only be placed in a garter, worn for that purpose by a dancer on their thigh, just above the knee. (q)(l) No cameras of any type shall be used by any patron. (r)(m) If any portion or subparagraph of this section or its application to any person or circum‐ stance is held invalid by a court of competent jurisdiction, the remainder or application of other persons or circumstances shall not be affected Sec. 6‐1‐4. Certain activities prohibited. No person, firm, partnership, corporation or other entity shall publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of a person's genitals, pubic area or buttocks in a lewd and obscene fashion. Sec. 6‐1‐5. Permit and business tax certificate required. (a) It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on in or upon any premises within Augusta any of the adult entertainment establishments defined in this Chapter without a permit so to do. No permit so issued shall condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the State of Georgia or the United States. (b) Any business, corporation or profession operating as an adult entertainment establishment as defined in this Chapter shall be required to have a Business Tax Certificate. The requirements for obtaining, renewing and maintaining such Certificate shall be governed by the applicable provisions of the Augusta‐ Richmond County Code, Title 2, Chapter 2. The regulatory fee for a Business Tax Certificate issued to any adult entertainment establishment shall be as set forth in § 2‐1‐3(c). LICENSE AND BUSINESS REGULATIONS Sec. 6‐1‐6. Operation of unpermitted premises unlawful. It shall be unlawful for any person to operate an adult bookstore, adult motion picture theater, adult mini‐motion picture theater, adult hotel or motel, adult motion picture arcade, cabaret, encounter center, escort bureau or adult business or adult dancing establishment unless such business shall have a currently valid Business Tax Certificate or shall have made proper application for renewal within the time required thereof under this Chapter, which Business Tax Certificate shall not be under suspension or permanently or conditionally revoked. Sec. 6‐1‐7. Admission of minors unlawful. It shall be unlawful for a Business Tax Certificate holder to admit or permit the admission of minors within the permitted premises. Sec. 6‐1‐8. Sales to minors unlawful. It shall be unlawful for any person to sell, barter or give or to offer to sell, barter or give to any minor any service, material, device or thing sold or offered for sale by an adult bookstore, adult motion picture theater, adult massage parlor or adult dancing establishment or other adult entertainment facility. Sec. 6‐1‐9. Location. No adult entertainment establishments shall be located in any zone other than one designated as "LI" Light Industrial or "HI" Heavy Industrial under the Comprehensive Zoning Ordinance for Richmond County, as incorporated in the Augusta‐ Richmond County Code, Title 8, Chapter 5. In addition, no adult entertainment establishment or use restricted hereunder shall be located; (a) within 1,000 feet of: (1) A church or place of religious worship; (2) A public or private elementary or secondary school; (3) A child care facility; (4) A boundary of a residential district as defined in the Comprehensive Zoning Ordinance; (5) A public park; (6) A cemetery; (7) The property line of a lot devoted to a residential use as defined in the Comprehensive Zoning Ordinance; (8) Another sexually oriented business which does not have a common entrance with an already licensed or exempted sexually oriented business; or (9)(8) A governmental building or site, which shall be defined as all public building, parks, and recreational ar‐ eas owned, operated or occupied by Augusta. (10)(9) Another sexually oriented business. (11)(10) Within the parameters of an area designated as an Augusta gateway/corridor in the Corridor/Gateway Action Plan (2000), as presently exist‐ ing or hereafter modified, adopted by the Augusta‐ Richmond County Commission and on file in the office of the Clerk of the Commission. Gateways and Corridors are defined as follows: a. Gordon Highway/Doug Barnard Parkway Gateway ‐ All property located within 10500 feet of the intersection of the centerlines of these roadways; b. I‐20/Riverwatch Parkway Gateway ‐ All property located within 21,000 feet of the intersection of the centerlines of these roadways; and c. Peach Orchard Road/Gordon Highway Corridor ‐ All property located within 10500 feet of the centerline of the following roadways; Peach Orchard Road from Tobacco Road to Gordon Highway, and Gordon Highway from Peach Orchard Road to Walton Way. (b) A person commits an offense if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure, or its portion, or the increase of LICENSE AND BUSINESS REGULATIONS floor area of any sexually oriented business in any building, structure, or its portion, containing another sexually oriented business. For the purposes of subsection (a) (1) through (9) of this section, measurement shall be made in a straight line, without regard to intervening structures or ob‐ jects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or place of religious worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, a cemetery, residential district, residential lot or governmental building or site. (c) For purposes of subsection (a)(10) of this section, the distance between any two sexually oriented businesses shall be measured in a straight linealong existing right‐of‐way., without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (d) Any sexually oriented business lawfully operating as of January 1, 2003 that is in violation of subsections (a), (b) or (c) of this section shall be deemed a nonconforming use. Such use will be permitted to continue unless voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented business are within 1,000500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conform‐ ing use and the later established business is nonconforming. (e) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church or place of religious worship, public or private elementary or secondary school, governmental building or site as defined herein, cemetery, residential district or residential lot or government build‐ ing or site within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. (f) All locational requirements of this section must be approved by the Augusta License and Inspection Department within 30 days from the time the application is filed and (g) Aall information required by this Ordinance has been submitted to the License and Inspection Department. (h) Failure by the Augusta License and Inspection Department to approve or disapprove the location requirements within 30 days from the time the application is filed and all information required by this Chapter has been submitted, shall constitute a waiver of this approval requirement. (i) Upon approval or waiver of approval by the Augusta License and Inspection Department, the application shall be submitted to the Augusta‐Richmond County Commission for consideration Sec. 6‐1‐10. Adult entertainment establishment employees. (a) Qualifications. Employees of an adult entertainment establishment shall be not be less than eighteen (18) years of age. Every employee must be of good moral character as defined in this Chapter. Any employee who is convicted LICENSE AND BUSINESS REGULATIONS of a crime constituting a felony involving sexual misconduct or drug trafficking or a crime not a felony involving serious sexual misconduct or drug trafficking while employed as an adult entertainment establishment employee shall not thereafter work on any permitted premises for a period of five (5) years from the date of such conviction, unless a longer time is ordered by a court of competent jurisdiction. The term convicted shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with such a crime, and the terms employed on the permitted premises and work on any permitted premises shall include as well work done or services performed while in the scope of employment elsewhere than on the permitted premises. (b) Approval for employment. Before any per‐ son may work on a permitted premises, he shall file a notice of his intended employment on forms supplied by the License and Inspection Department and shall receive approval of such employment from the License and Inspection Department within 14 days of application. An investigation fee of fifty dollars ($50.00) shall accompany the notice of intended employment or a receipt of the License and Inspection Department evidencing the payment of such fee at the time the notice is filed. Upon approval or the failure of the License and Inspection Department to approve or deny within such fourteen (14) day period, the employee may begin working on the permitted premises. If approval is denied, the prospective employee may, within ten (10) days of said denial, apply to Director of the License and Inspection Department for a hearing. The Director shall conduct the requested hearing within ten (10) days and shall approve or deny the requested employment with five (5) days of the hearing. Upon the failure of the Director to approve or deny within such five (5) day period, the employee may begin working on the permitted premises. A decision of the Director of the License and Inspection Department denying approval of employment may be appealed to the Commission which shall hear such appeal at its next regularly scheduled meeting. The Commission shall issue a decision on such appeal with fourteen (14) days of the date of the hearing on the appeal. Upon the failure of the Commission to make a decision on the appeal within said fourteen (14) days, the employee may begin working on the permitted premises. The decision by the Commission, or a failure of the Commission to make a decision within the prescribed number of days, shall constitute a full exhaustion of administrative remedies, after which the applicant may immediately seek judicial relief in a court having proper jurisdiction. (c) Independent contractors. For the purpose of this Chapter, independent contractors shall be considered as employees and shall be licensed as employees, regardless of the business relationship with the owner or Business Tax Certificate holder of any adult entertainment establishment. Sec. 6‐1‐11. Application for permit. (a) All applicants for a license to operate any adult entertainment establishment shall give notice of their intention to make such application by advertisement in the form prescribed by the director of the Augusta License and Inspection Department. Advertising as referred to in this section means there shall be a sign posted thirty (30) days prior to the hearing of the application in a prominent position on the property (i.e. front window where it can be viewed from the LICENSE AND BUSINESS REGULATIONS road); also, all new permit applications shall be required to advertise three (3) times in the legal gazette before applications are heard by the Commission. Advertising in the legal gazette shall be during the thirty‐day period prior to the hearing of the application by the Commission. Before the application is presented to the Commission, the applicant shall furnish proof that the advertisement has been completed as required hereinabove. Any problems with securing the required advertising should immediately be brought to Augusta's attention. Augusta shall then place the appropriate advertisement on behalf of the applicant, with the applicant being responsible for all cost. (b) Any person, association, partnership or corporation desiring to obtain a permit to operate, engage in, conduct or carry on any adult entertainment establishment shall make application to the License and Inspection Department. Prior to submitting such application, a nonrefundable fee of $2500.00 shall be paid to Augusta to defray, in part, the cost of investigation, and reporting re‐ quired by this Chapter. The License and Inspection Department shall issue a receipt showing that such application fee has been paid. The receipt or a copy thereof shall be supplied to the Commission at the time such application is sub‐ mitted. (c) The application for permit does not authorize the engaging in, operation of, conduct of or carrying on of any adult entertainment establishment. Sec. 6‐1‐12. Application contents. Each application for an adult entertainment establishment permit shall contain the following information: (a) The full true name and any other names used by the applicant; (b) The present address and telephone number of the applicant; (c) The previous addresses of the applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each; (d) Acceptable written proof that the applicant is at least eighteen (18) years of age; (e) The business license history of the applicant and whether such applicant, in previous operations in this or any other county, city, state or territory under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation; (f) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions; (g) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of all partners, except limited partners having no rights to direct the day to day operations of the business. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the appropriate authority. If one or more partners is a corporation, the provisions of this Chapter pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such LICENSE AND BUSINESS REGULATIONS designated persons shall complete and sign all application forms required of an individual applicant under this Chapter, but only one application fee shall be charged; (h) The names and addresses of the owner and less or of the real property upon which the business is to be conducted and a copy of the lease or rental agreement; (i) The age and date of birth of the applicant, of any partners, other than limited partners without any right to direct the day to day operations of the business, or of any and all officers and/or directors of the applicant if the applicant is a corporation; (j) If the applicant, manager or any partners, officers, or directors of the applicant if the applicant is a corporation, have ever been convicted of any crime constituting a felony, or any crime not a felony involving moral turpitude, in the past five (5) years, and if so, a complete description of any such crime, including date of violation, date of conviction, jurisdiction of any dis‐ position, including any fine or sentence imposed and whether terms of disposition have been fully completed; (k) If the applicant is a person doing business under a trade name, a copy of the trade name properly recorded. If the applicant is a corporation, a copy of authority to do business in Georgia, including State of incorporation, trade name affidavit, if any, last annual report, if any; (l) Address and tax parcel number of the premises to be permitted; (m) Whether the premises are owned or rented and, if the applicant has a right to legal possession of the premises, copies of those documents giving such legal right; (n) A plat by a registered engineer, licensed by the State of Georgia, showing the location of the proposed premises in relation to the neighborhood, the surrounding zoning, its proximity to any church, school, public park, governmental building or site or other business hereunder regulated, demonstrating compliance with the location requirements of this Chapter. (o) Each application for an adult entertainment establishment Business Tax Certificate shall be verified and acknowledged under oath to be true and correct by: (1) If the applicant is an individual, the individual; (2) If by a partnership, by the manager or general partner; (3) If a corporation, by the president of the corporation; (4) If any other organization or association, by the chief administrative official. (p) If the answers to any of the above disclosure requirements should change for any reason whatsoever, that applicant shall submit the changes to the Augusta License and Inspection Department within thirty (30) days. Thus, if the identity of any manager, officer, or director should change, or if the information they are required to disclose at the time of the application should change, they shall report such change to the Augusta Licensing and Inspection Department within thirty (30) days. Sec. 6‐1‐13. Application; investigation. After approval (or waiver of approval) by the Augusta License and Inspection Department, the Augusta‐Richmond County Commission shall have fourteen (14) days to investigate the application and the background of the applicant. Upon completion of the investigation, the Commission, at the next regularly scheduled meeting following such fourteen (14) day period, shall grant the permit if it finds: (a) The required fee has been paid; (b) The application conforms in all respects LICENSE AND BUSINESS REGULATIONS to the provisions of this Chapter; (c) The applicant has not knowingly made a material misrepresentation in the application; (d) The applicant has not had an adult entertainment establishment permit or other similar license or permit denied or revoked for cause by the Augusta‐ Richmond County Commission, or by any other county or city located in or out of this state prior to the date of application within the previous 12 months; (e) The applicant is at least eighteen (18) years of age; (f) That the applicant, his or her employee, agent, partner, director, officer, or manager has not, within five (5) years of the date of the application, knowingly al‐ lowed or permitted any of the specified sexual activities as defined herein to be committed or allowed in or upon the pre‐ mises where such adult entertainment establishment is to be located or to be used as a place in which solicitations for the specified sexual activities as defined herein openly occur; (g) That the proposed premises meets all of the location requirements under section 6‐1‐9 of this Chapter; (h) Failure by the Augusta‐Richmond County Commission to approve or disapprove an application within the time provided in this Section shall constitute a waiver of this approval requirement. In such event a permit shall be issued to the applicant. Sec. 6‐1‐14. Reserved. Sec. 6‐1‐15. Same—Nontransferable. No adult entertainment establishment permit may be sold, transferred or assigned by a permit‐ tee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case the permit, upon notification to Augusta, shall be placed in the name of the surviving partner. Sec. 6‐1‐16. Change of location or name. (a) No adult entertainment establishment shall move from the location specified on its permit until such change has been approved by the Commission. Such approval shall not be given unless all requirements and regulations as contained in the Augusta‐Richmond County Code have been met. (b) No permittee shall operate, conduct, manage, engage in or carry on an adult entertainment establishment under any name other than his name and the name of the business as specified on his permit. (c) Any application for an extension or expansion of a building or other place of business where an adult entertainment establishment is located shall require inspection and shall comply with the provisions and regulations of this chapter. Sec. 6‐1‐17. Appeal; procedure. (a) Upon an adverse decision by the Augusta License and Inspection Department, the applicant or the Business Tax Certificate holder shall, within ten (10) days after he has been notified of an adverse determination, submit a written notice of appeal to the Augusta‐Richmond County Commission; (1) The notice of appeal shall be addressed to the Commission and shall specify the subject matter of the appeal, the date of any original and amended application or requests, the date of the adverse LICENSE AND BUSINESS REGULATIONS decision (or receipt of notice thereof), the basis of the appeal, the action requested of the Commission and the name and address of the applicant; (2) The appeal shall be placed on the agenda of the next regular meeting occurring not less than five (5) nor more than thirty (30) days after receipt of the appeal; (3) When an appeal is placed on the Commission agenda, the Clerk shall give the applicant reasonable notice of hearing. Sec. 6‐1‐18. Commission hearing of appeal. Whenever an appeal is heard by the Commission, the Commission shall receive all relevant testimony and evidence from the applicant or Business Tax Certificate Holder, from interested parties and from Augusta's staff. The Commission shall render a decision on the appeal within 14 days of the hearing. Upon an adverse decision by the Augusta‐Richmond County Commission, such decision shall constitute a full exhaustion of ad‐ ministrative remedies and the applicant may exercise the right to prompt judicial review by filing an action with a court having proper jurisdiction. A failure by the Commission to render a decision within said fourteen (14) days shall constitute a reversal, upon which a permit shall be issued. Sec. 6‐1‐19. Rules of evidence inapplicable. The Commission shall not be bound by the traditional rules of evidence in hearings conducted under this Chapter. The rules of evidence as applied in an administrative hearing shall apply. Sec. 6‐1‐20. Violations; penalty. Any person violating the provisions of this Chapter shall be guilty of a misdemeanor, punishable, by a fine not to exceed one two thousand ($21,000.00) per violation or by imprisonment. In addition to such fine or imprisonment; (a) Augusta is given full power to suspend, for fifteen days, any permit issued under this Chapter, where Augusta determines, upon sufficient cause, that: (1) The Business Tax Certificate Holder, or its agents, officers, servants or employees, maintains or continues to maintain a nuisance on the licensed premises. (2) The licensed premises are unsanitary as certified by the Richmond County Health Department. (3) The licensed premises are unsafe, as certified by the Building Inspection Department or by the Chief of the Fire Department (b) Before Augusta shall suspend a permit for more than fifteen (15) days or revoke a permit, Augusta shall furnish the permit‐ tee a written statement, by certified or registered mail or by personal service, of the cause for suspension or revocation of the license and the length of time of suspension. (1) Augusta shall, within ten (10) days of notification, seek judicial review of the proposed decision in a court of competent jurisdiction. (2) The Business Tax Certificate Holder may seek judicial review of the proposed decision in a court of competent jurisdiction at anytime after notification. (3) Augusta shall have the burden of demonstrating the validity of the proposed suspension or revocation in any judicial review, whether review is brought by the applicant or Augusta. (c) The permit shall be suspended if more than three violations of this Chapter have been committed during any ninety‐day period by the permittee, or any officer, employee, agent, servant, or independent contractor of the permittee, if each violation was done within such officers', employees', agents' or servants' scope of employment and authority of owner or permittee. (d) The license shall be revoked if more than five violations of this Chapter have been committed during any one‐year period by the licensee or any officer, employee, agent, LICENSE AND BUSINESS REGULATIONS servant or independent contractor of the licensee. (e) A suspension for more than 15 days or revocation of a license shall not become effective until approved by a trial court of competent jurisdiction. Sec. 6‐1‐21. Unlawful operation declared nuisance. Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this Chapter shall be and the same is hereby declared to be unlawful and a public nuisance. Augusta may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceed‐ ings for abatement, removal or enjoinment thereof in the manner provided by law. It shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult entertainment establishment and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment establishment contrary to the provisions of this Chapter. Sec. 6‐1‐22. Cleaning of permitted premises. Each permitted premises shall be maintained in a clean and sanitary condition and shall be cleaned at least once daily and more frequently when necessary. This activity shall be supervised by the person in charge of the permitted premises. There shall be provided adequate facilities, equipment and supplies on the permitted premises to meet this requirement, and adequate ventilation and illumination shall be provided to permit thorough, complete cleaning of the entire permitted premises. Trash and garbage shall not be permitted to accumulate or to become a nuisance on or in the immediate vicinity of the permitted premises but shall be disposed of daily or as often as collections permit. Sec. 6‐1‐23. Self‐inspection of permitted premises. The Business Tax Certificate holder of a permitted premises or his designated representative shall make sanitary inspections of the permitted premises at least once a month and shall record his findings on a form supplied by the License and Inspection Department. Each permitted premises shall post and maintain in a readily accessible place a schedule for maintaining the sanitation of the premises. Sec. 6‐1‐24. Sealing for unsanitary or unsafe conditions. A permitted premises or any part thereof may be sealed by order of Court, when the Director of the License and Inspection Department finds a violation of this Chapter resulting in an unsanitary or unsafe condition as determined by the Richmond County Health Department or the application of the Technical Codes enumerated in Augusta‐Richmond County Code section 7‐1‐ 16 and petitions the Court for said order. The License and Inspection Department shall affix to the sealed premises a conspicuous sign labeled Unclean or Unsafe as the case may be. Sec. 6‐1‐25. Abatement as sanitary nuisance. A permitted premises or any part thereof may be abated as a sanitary nuisance. Sec. 6‐1‐26. Obscene devices not permitted. Nothing contained in this Chapter shall in any way be construed to authorize, license or permit any machine or device which exhibits or allows viewing of photographs or moving pictures, of an obscene nature, or authorize, license or permit the display or sale of any other obscene material prohibited by law or the ordinances of Augusta, the State of Georgia, or the United States. Sec. 6‐1‐27. Severability. In the event that any section, subsection, clause, phrase or portion of this ordinance is held illegal, invalid, or unconstitutional in a court of proper jurisdiction, such holding shall not affect the validity of the remainder of this Chapter Commission Meeting Agenda 12/6/2022 2:00 PM Adult Entertainment Ordinance: Proposed Changes Department:Planning & Development Department:Planning & Development Caption:Motion to approve revised/updates to the current Adult Entertainment requirements. (Approved by Public Services Committee November 29, 2022) Background:At the direction of the Augusta Commission on November 1, 2022, Planning and Development was instructed to review applicable County Codes and Ordinances regarding updates to the Adult Entertainment requirements. Analysis:The County Code of Ordinances, Alcohol Ordinance and Zoning Ordinance have been reviewed by Planning and Development. Upon further review, no changes to the Alcohol Ordinance are being proposed. Once action is taken by the Commission on the proposed requirement changes the matter will be referred to the Planning Commission as it related to zoning. Financial Impact:NA Alternatives:The ordinances stay the same. Recommendation: Funds are Available in the Following Accounts: NA REVIEWED AND APPROVED BY: PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-77 Application Type: Retail Package Beer & Wine Business Name: Lotto Market Hearing Date: November 29,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Korthik Kumar Allati Property Owner: Dekalb Realty Holding LLC Address of Property: 2228 Rosier RD Ste F Tax Parcel #: 121-0-151-01-0 Commission District: District: 6 Super District: 10 Background: New Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business) Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAL CONSI DERAT!ONS: o Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether or not he has violated any laws, regulations or ordinance relating to such business. o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business. o Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a New Location.o Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permltted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation or ordinance. o Previous revocation of ticense. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.r Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 5G65.00. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriff's Office approved the application subject to additional information not contradicting a pplicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. Augusta-Richmond CountY l815 Marvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE APPLICATION t. 2. 3. 4. 5. Alcohol Number Applicant Name and Address: Applicant Social Security # 8. 9. 10. n. t2. r3. 14. 16.Have you ever applied for an Alcohol Beverage License before: Name of Business Lotto Market, LLC DBA : Lotto Market Business Address 2228 Rosier Rd. Suite F' city Augusta - State Geor:gia. zip 30906 Business Phone (-) Home Phone (404 ) year - Alcohor Account Number /oru ' y'/ Karthik Krrmar Allati 4720 Laural Oak Dr Hephzibah, GA. 30815 D.O.B.6. 7.lf Application is a transfer, list previous Appllcant: Business Location: Map & Parcel Zoning Location Manager(s)K:rrthik Krrmar Allati Is Applicant an American Citizen or Alien lawfully admitted for permanent residency? (X)Yes ( )No OWNERSHIP INFORMATION Corporation (if applicable): Date Chartered: 091292A22 Mailing Address: Name of Business Attention Address Lotto Market Karthik K. Allati 472O Laural Oak Dr Cit-v/State/Zip Heohzibah GA 30815 Ownership Type: (;) Corporition ( ) Partnership ( ) Individual Corporate Name: Lotto Market, LLC Lisfname and other required information for each person having interest in this business. 15. What type of business will you operate in this location? ( ) Restaurant ( ) Lounge (X) Convenience Store ( )PackageStore ( )Other: Total License Fee: $- Prorated License f".' (att". luty t bNt-y) $ Ifso, give year ofapplication and its disposition: Narne Ponlfian ssNo#Addr.e$s Ir*€rcst Karthik Kumar Allati Member-OwneI -t 4720 Laval Oak Dr.100o/o Heohzibah. GA. 30815 Licenss Inforno*ign Lisuor Beer Wine Danoe Sundav Sales Retail Package Dealer x x Consumotion on Premises Wholesale 17.@iaandAugusta-RichmondCountylawsregardingMf|.9 alcoholic beverages? (X) Y"t ( ) No If so, please initial' 9FI/ 18.Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been employed, ever been cited for any violation of the rules and regulations of Richmond County or the State Revenue Commission relating to the sale and distribution of distilled spirits? ( ) Yes (X) No If yes, give full details: Have you ever been arrested, or held by Federal, State, or other law-enforcement authorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance? (Do not include traffic violations, with the exception of any offenses pertaining to alcohol or drugs.) All other charges must be included, even if they are dismissed. ( ) Yes (X) No lfyes, give reason charged or held, date and place where charged and its disposition. 21. List owner or owners of building and property. Sherman And Hemstreet. lnc. - Ayaz Ali List the name and other required information for each person, firm or corporation having any interest in the business. Karthik K. Allati 100 % Owner Ifa new application, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A.) Church B.) Library C.) School D.) Public Recreation 24. 25. State of Georgia, Augusta-Richmond County, I, Karthik Kumar Allati Do solemnly swear, subject to the penalties of false swearing, that the statements and answers made by me as the true. I hereby certi! that Karthik Kumar Allati is personally known to S:-{ that heTshe sigaed his/her name to the foregoing application stating to me that hdlhD knew and understood all statements and answers made herein, and, under oath actE$ administered by me, has swom that said statements and answers are true. 2022 The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application. 19. 20. 22. 23. FOR OFFICE USE ONLY I)6wtmont treczinr*lead*iorr ABprov*Ileny Co.mments Alcohol Inspector Sheriff Fire Inspector Administrator Date in the year - Commission Meeting Agenda 12/6/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 22-77: request by Karthik Kumar Allatti for retail package Beer & Wine License to be used in connection with Lotto Market located at 2228 Rosier Rd. Ste F. District 6. Super District 10. (Approved by Public Service Committee November 29, 2022) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Case Number: A.N. 22-78 Application Type: Retail Package Beer & Wine Business Name: Lucky Lotto Hearing Date: November 29,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Amankumar Potel Property Owner: 706 Augusta lnvestment LLC Address of Property: 1902 Windsor Spring RD Tax Parcel #: 110-4-160-01-0 Commission District: District: 6 Super District: 10 Background: New Ownership ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-1- (Neighborhood Business) Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAL CONSI DERAT!ONS: o Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether or not he has violated any laws, regulations or ordinance relating to such business. o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business. . Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is an Existing Location.o Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation or ordinance. o Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.I Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application.o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 5665.00. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriff s Office approved the application subject to additional information not contradicting a pplica nt's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. 6. 7. 8. 9. 10. Augusta-Richmond ClountY l8l5 Marvin Grillin Road Alrgusta, GA 30906 ALCOHOL BEYER{GE APPLIC.{TION Alcohol Number Year Alcohol Account Nuutber L Nante of Bttstttess l. Business Address -_r. Citvl. Business ehone t]9C) - r--5. Applicant Nanre aud Adoress: Applicant Social Securiry n - l IlApplicatiou is a trattsfer. list previorts Applicant: Busuress Location: \Iap & Parcel I l0 -l Location \{anager(s} -U5f3-av ..-- Is .{,pplicant an Alterican Citizen or Aiien lau,fullY admined for pemtanent residency? tll'es ()No O\\'NERSHIPINFOR}IATION I Corporation(if applicable;: Date('hartet.A, -- '? | tl I Z-0L?- l\{ailing Address: Name of Business ffi l-1. ll. ('ity State Zip , On'nerslrip Type: t t {Cc \Vhat t!'pe of business u'ill 1'ou operate in this locagon? ( ) Restartraut ( ) Lounge (tzf Convenience Store ( ) Package Store ( ) Other: - i C'onsurnption ou PrertrisesF--+_-=.---| \\'holesale D.O.B. n n€.rc.i c-f Lot 11. 12. Total License Fee: Prorated License Fee: (Atter Jul-v I ONLYI S I6. Have -vou ever appiiecl tbr an Alcohol Beverage License betbre: If so. give 1''ear of application and its disposition: 17. Ar;,""u t'*rifurr "'ttl, G.Prg1. ild eugrtrr-R"lrr"nd Cooty f"* 'tgutau'-d tJ"Jil;f alco[rolic beverages? f r-es ( ] No If so' please inittal' {bf Retail Package Dealer 18. Attach a passport-size photograph (tic.rnt vieu') takeu u'itliln t\\'o vears. \Vrite name on back of the dealer subnitting the Iicense application. 19. Has any liquor business in u'hich y'ou hold. or have held. any financial interest. or are ernployed. or have been eurplo-ved. ever been cited lbr an1' violation of the ruies and regrlations of Riclurond Corurtl' or the Stale Reyanue Coururission relating to the sale aud distribution of distilled spirits? ( ) Yes ( YNo 20. Ifyes. give tull details: nut.-l"u .rii-u..n-a".tt.,t.-;i i;lA hi-FeaeLar. stut-.. or-.xtr.i tar*.enror..m.nt authorities. for an-y- r'iolation of any Federal. State. County or N{unicipal larv. regulation or ordinance? (Do not include traltlc violations. rvith the exception of any of'tenses pertaining to alcohol or drugs.)z All other charges lllust be included. even if they are disrnissed. { )\-es {t)Ao Ifyes. give reason charged or held. date aud place rvhere t:harged and its disposition. :l a) l3 List orvner or owners of buildrng and propertv t ){s".t Jo..l* List the nanre and other required intbrnmtion for each person. firm or corporation having anv intelest in the business.- Frr-"\ k ".c.^c ?qj'o I I ooy. It .-,r.t' uppLic-ot,on. arGct a l,n:er-: ptai;rd st"t. th. -traietrt trne O,rt*.. t'rru tf,. propefiy lrne of school. church. lihrary. or pubhc recreation area to the rvall of the burldurg u'here alcohol beverages are sold. A.) Church C.) School B.1 Librarl'D.) Public Recreationll. State of Georgia. Augusta-Richmond County. I, Do soleumll' sn'ear. subjecl to the penalties of lalse sruearirg.that the statemelts and beverage applicatiou areans\ters made by me as the app true. in the ing alcoholic :5. I hereb-v certifu that that he'she signed hisrher knelv and understood all said staternents and ansrvers are true. in the .vear FOR OFFIC]E TTSE ONLYDen.. I Conuuents Recouuuendation Alcohol Sheriti -J The Board of ('onurissiorlers oll the _ day of (Approved. Disapproved ; the tbrgoiug applicatiou. is personally linou,n to be. to the foregoing application stating to ure that he.'she s and ansrvers made herein. and. under oath actually XTRAN DARJI '-+let3rYfublic - Statc of Geoqia Richmond County nV Co*miition ExPiresJI "'* Administrator Date . in the vear Commission Meeting Agenda 12/6/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership: A.N. 22-78: request by Amankumar Patel for a retail package Beer & Wine License to be used in connection with Lucky Lotto located at 1902 Windsor Spring Rd. District 6. Super District 10.(Approved by Public Service Committee November 29, 2022) Background:This is an existing location. Formerly in the name of Kyong Refenberger. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: PI.ANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-79 Application Type: Retail Package Beer & Wine Business Name: Polipo Hearing Date: November 29,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Kevin Goldsmith Property Owner: Walton Way Storage, LLC Address of Propefiz 3629 Walton Way Ext. Ste A Tax Parcel #: 023-0-261-00-0 Commission District: District:7 Super District: 10 Background: Existing Location (Adding Retail Package Beer & Wine) ANAIYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business)Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAI CONS! DERATIONS: o Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business.o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether or not he has violated any laws, regulations or ordinance relating to such business. o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business. . Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is an Existing Location. o Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance. o Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes. . Congregation of minorc. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: The applicant will pay a pro-rated fee of S00S.OO. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applica nt's statements. The Sheriffs Office approved the application subject to additional information not contradicting a pplicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. Augusta-Richmond CountY 1815 Marvin Griffrn Road Augusta, GA 30906 ALCOHOL BEVERAGE APPLICATION Year Alcohol Account NumberAlcoholNumber Name of Business Business Address Polipo, LLCl. 2. 3. 4. 5. 6. 7. 8. 9. City Augusta State uA Business Phone (-706 ) Home Phone (-J Applioant Name and Adrtres: devin Goldsmith 3025 Park Ave zip Aususta. GA 30909 Applicant Socid SecuritY # -D.O.B. If Application is a tansfer, list previous Applicant: @l 023-G261-oo-o Zotue Location Manage(s)Christopher Linehan 10. Is Applicant an American Cifizenor Alien lawfully admitted for permanent residency? (x)Yes ( )No OWNERSIilP INTORMATION Corporation (if applicable): Date Chartcred: 10125121 Mailing Ad&ess: Name of Business PoliPo' LLC Attention Address CrtylStfislZiP Ownership Type:: (x ( )ParrrcrshiP ( )Individual Cormrate Narne: -List nane and other information for each person having interest in this business. lvhat type of business will you operate inthis location? 1x;neitaurant ( )Lounge ( )ConvenienceStore ll. 12. 13. 14. 15. 16, Have you ever applied for an Alcohol Beverage Licen-se be-fore: ,, Y,€t , , . if ro, gir" year of applicaion and its disposition: 2fi)5 - Currentlv Active. Takosushi Inc. Ksvin Goldsmi POBox ltz ( )PackageStore ( )Other: License Informaion :*'ot Beer Wine Dance Sundev Sales Raail Package Dealer _x-_x Consumotion on Premises Wholesale Total License Fee: $ Prorated License Fee:(AfterJuly I ONLY) $- Name Position ssNo#Address Interest Kevin Gold.smith Oqm€r 3025 PartAve l0/Jf/o Aucsuta. GA 30909 17.hmond CountY t"Y: f.g,td+g $: sale of alcofiolic beverages? (x) Yes ( ) No If so, please initid' < 6 18.Attach a passport-size photograph (fiont view) taken within two yea$. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, + #:,*{ 19.any financial interest or are employe{ or have been errploye{ ever been cited for any violation of the rules and regulations of Richmond County or the Stde Revenue Commission relcing to the sale and disribution ofdistilled spirits? (X) Yes ( ) No If yes, give full dctails: Mini bottles of vodka were insidc a scalcd casc of vodka whcn dclivercd by distribulon lVc had no knoq,lcdgc of thc "gfi: insidc thc box from rhc distillcr. The mini botrlcs wcrc -lcft ir tti bar arca rmopcno4 but aot rcmovcd &otrt prcmisc 20.Have you ever been aneste{ or held by Federal, State, or other law-cnforcement authorities, for any violation of any Federal, Statc, County or Municipal laq regulation or ordinance? (Do not include taffic violations, with the exception of any offenses pertaining to alcohol or &ugS.) All other charges must be included, wen if they are dismissed. ( )Yes (x)No Ifyes, give reason charged or hel4 date and place where charged and its disposition. List owner or owners of building and property. Walton lVay Storage, LLC List ttre name md other required information for each perso& firrt or corporation having any interest in the business. N/A 23. If a new application, attach a surveyor's plat and state ffre straiglrt line disance from the property line of school, church, library, or public recreation arca to the wall of the building where afcohol beverages are sold. C.) School Q..lrln'A.) Church 2,12O' 21. 22. s.i Liu..y --fq^C. D) Publicnecieation -9;tt"S' State of Georgia, hugusta-Richmond County, I, @ Do solemnly swear, subject to the penalties of false swearing that the statements and affiwers made by me as the applicant in the beverage applicdion are tue. 25.I hereby c€rtiry that is personally known to be, that he/she signed his/her nanre to the foregoing application stating to me that he/she knew and understood all statements and answers made herein, an4 under oath actually administered by me, hasThis t day of The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application. ir tha rraar Administrator Date \l November 1,2A22 Julietta Watson, Polipo was granted an alcohol license in March of 2}22,in the hopes it would be open in April2022. However due to constuction delays and permitting issues we have been unable to com$ete *te ploieci as of today. We are ctrnen*y in & works of getting our proied moving along to be open within the 2A22 calendar year. Kevin Goldsmith Polipo, LLC 3629 Walton Way Extension Augusta, GA 30909 Commission Meeting Agenda 12/6/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 22-79: request by Kevin Goldsmith for a retail package Beer & Wine License to be used in connection with Polipo located at 3629 Walton Way Ext. Ste A. The applicant is also requesting an Extension due to construction and permitting issues. District 7. Super District 10.(Approved by Public Service Committee November 29, 2022) Background:This is an existing location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA, GEORGIA New Grant ProposaUApplication Before a Department/agency may apply for the grant/award on behalf of Augusta Richmond County, they must 1irst obtain approval signature from the Administrator and the Finance Director. The Administrator will obtain information on the grant program and requirements from the funding agency and review these for feasibility to determine if this granflaward witt benelit Augusta Richmond County. The Finance Director will review the funding requirement to determine if the grant will fit within our budgetstructure and financial goals. Proposal Project No. Project Title PR0004l3PLANNINGFY2024Section5303TransitPlann The APDD is required to submit an application to the Georgia Department of Transportation, Division of Intermodal, to secure federal funds for metropolitan transit planning. Transit planning work tasks are included in the FY 2024 Unihed planning Work program. Thefunds are included in the proposed2l23 budget for Planning and Development Department. Cash match required: Yes l0% ($23,671.00) Funds are included in the department budget. EEO required - Yes. EEO Notified - Yes. Start Date: 0710112023 Submit Date: tUtSl2O22 Total Budgeted Amount: 235,455.00 Sponsor: GM0005 SponsorType: pT Purpose: 24 End Date: 06/3012024 Department: 074 Total Funding Agency: Fed Transit Adm Pass thru Federal ARTS -MPO Contacts Planning and Zoning Cash Match? y 211,909.50 Total Cash Match: 23,545.50 Flow Thru ID: GM0006 GDOT Type ID Name PhoneI CUIOZ: Harris, Mariah (706)821-1810 Type FA lL C.DELANEY Approvals Date ll/15/2022 Dept. Signature: Grant Coordinator Signature: L\ Ihaye reviewed the Grant application and enclosed materials and: ,.{"athe grant/award to be feasible to the needs of Augusta Richmond counfy o Deny the request 2.) t-tb-^,2'z_ Date I have reviewed the Grant application and enclosed materials and: o Approve the Department Agency to move forward with the application o Deny the request Administrator Date This form will also be used to provide the external auditors with information on all grants for compliance andcertification requirements as required by the State and Federal Government. Finance Director user: MH91649 - Mariah HarriF page Current Date: 1l/1512022 Current Time: 09:35:36 Reporr: GMI000_PROPOSAL - GMl000: Grants Management: I FEDERAL TRANSIT ADMINISTRATION SECTION 5303 PROGRAM METROPOLITAN PLANNING FY 2024 GRANT APPLICATION Please use Adobe Acrobat Reader to complete this application. You may use the tab button to navigate between fillable form fields. All application components should be completed and returned electronically. Only the Transmittal Letter and Authorizing Resolution should be printed and returned as a scanned application attachment. APPLICATION DUE DATE OCTOBER 31, 2022 Georgia Department of Transportation Intermodal Division - Transit Program Attn: Patricia Smith, Ph.D. 600 W. Peachtree Street NW Atlanta, Georgia 30308 Introduction and Funding Distribution Please refer to Table 1 below to identify Applicant Organization’s total available allocation of FY2024 Section 5303 planning funds. Considerations: • The amount depicted under “Total Allocation” represents only the Federal funding available to each MPO. • The proposed project must also include non-federal matching funds of 20% of the total project cost. • For FY2024, GDOT has identified state matching funds of up to 10% of the total project cost. Your organization must provide the remaining 10% local match. For FY2024, GDOT has identified additional funding availability. Organizations with identified planning project needs beyond their allocation are encouraged to apply for additional funding. All such additional funding requests will be considered according to criteria in Appendix D. Table 1: Urban Area Population and Section 5303 Allocation Statistics Part B: Transmittal Letter The following page includes a sample transmittal letter with fillable fields. Applicants should only complete the fillable fields. All remaining fields will auto-populate. Once all fields are complete, Applicants should print the letter on the Applicant Organization’s letterhead. A scanned copy of the signed letter (on letterhead) should be submitted as an attachment with the complete application package. Applicants must submit the transmittal letter on the Applicant Organization’s letterhead and include the signature of the Authorized Official. 26 Part C: Authorizing Resolution The following two pages include an authorizing resolution that must be enacted by the Chair of the Policy Committee of the Metropolitan Planning Organization (MPO), or the head of the governing body as appropriate. Please complete fillable fields on the resolution, then print and sign the designated fields. The authorizing resolution must be properly witnessed and notarized, including the date the notary’s commission expires. The resolution should also be stamped with the notary seal as well as the seal of the county commission, city, or appropriate applicant jurisdiction. The certificate of the attesting officer must also be completed. A scanned copy of the completed, signed, and notarized Authorizing Resolution should be submitted as an attachment with the full application package. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, AND GEORGIA DEPARTMENT OF TRANSPORTATION, FOR A GRANT UNDER TITLE 49 U.S.C., SECTION 5303. WHEREAS, the Secretary of the US Department of Transportation and the Commissioner of the Georgia Department of Transportation are authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon Applicant, including the provision of the local share of project costs; and WHEREAS, it is required by the United States Department of Transportation and the Georgia Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the United States Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that Minority Business Enterprise (Disadvantaged Business Enterprise and Women's Business Enterprise) be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW THEREFORE, BE IT RESOLVED BY ___________________________________________ hereinafter referred to as the “Applicant”, 1. That the Designated Official _____________________________, hereinafter referred to as the “Official”, is authorized to execute and file an application on behalf of _________________________________ with the Georgia Department of Transportation, to aid in the financing of a technical study grant pursuant to Section 5303 of the Federal Transit Act to implement specific items of the FY Unified Planning Work Program. 2. That the Official is authorized to execute and file such application and assurances or any other document required by the U.S. Department of Transportation and the Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the Official is authorized to execute and file all other standard assurances or any other document required by the Georgia Department of Transportation or the U.S. Department of Transportation in connection with the application for public transportation assistance. 4. That the Official is authorized to execute grant contract agreements on behalf of the Applicant with the Georgia Department of Transportation. 5.That the Official is authorized to set forth and execute Minority Business Enterprise, DBE (Disadvantaged Business Enterprise) and WBE (Women Business Enterprise) policies and procedures in connection with the project's procurement needs as applicable. 6.That the applicant while making application to or receiving grants from the Federal Transit Administration will comply with FTA Circular 8100.1D, FTA Certifications and Assurances for Federal Assistance 2022 as listed in this grant application and General Operating Guidelines as illustrated in the Georgia State Management Plan. 7.That the applicant has or will have available in the General Fund the required non- federal funds to meet local share requirements for this grant application. APPROVED AND ADOPTED this day of , 2022. Authorized Official Type Name and Title Signed, sealed and delivered this day of , 2022 in the presence of Witness Notary Public/Notary Seal CERTIFICATE The undersigned duly qualified and acting of (Title of Certifying/Attesting Official) (Applicant’s Legal Name) certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting held on , 2022. Name of Certifying/Attesting Officer Title of Certifying/Attesting Officer (Page 2 of 2) FY 2024 Draft Unified Planning Work Program Prepared By:Augusta Planning & Development Department Carla Delaney, Director In Cooperation With:Aiken County, Edgefield County, and Columbia CountyFederal Transit AdministrationFederal Highway Administration Georgia Department of TransportationSouth Carolina Department of Transportation April 2024 DRAFT FY 2024 UNIFIED PLANNING WORK PROGRAM 5303 SUMMARY WORK ELEMENT 5 – PUBLIC TRANSIT /PARATRANSIT TASK 5.1 - Program Support and Administration (44.21.00) Purpose: To provide planning and administrative assistance to Augusta Transit (AT) and LSCOG (Lower Savannah Council of Government). Under this work element, the MPO staff will aid AT and Best Friend Express (BFE) in preparing financial and operation reports required by the MAP 21/ FAST Act/ Bipartisan Infrastructure Law legislation. Assistance in the preparation of the National Transit Database (NTD) reports will also continue. Additional administrative assistance will include: Preparing required certifications; Updating annual Title VI assurances; Providing an opportunity for public hearings on grant applications and fare/service changes; Processing procurements involving Federal and State funds; Assisting in planning for transit system capital investments that will lead to increased security for the transit system; Monitoring requirements of the grant process (e.g. labor certifications, third party contracting, bidding and award process); Developing the Georgia public transportation portion of the Unified Planning Work Program; and providing technical assistance on any transit-related issues facing AT. LSCOG and their BFE staff will participate in the above-mentioned activities on behalf of their program and will also engage in employee training and education; participation in, and attendance at, all ARTS committees; community outreach and marketing events; multiple grant(s) development, writing, and grant administration; grant reporting; Disadvantaged Business Enterprise (DBE) reporting; procurement; service provider contracting and oversight Previous Work 1.Grant management for continuing FTA Section 5310 Enhanced Mobility for the Elderly and Disabled persons for LSCOG. 2.Assisted with transit service area GIS mapping and geo-coding address matching. 3.Grant development for CARES Act and ARP to assist public transit. ACTIVITIES EXPECTED COMPLETION DATE 1.Update the Annual Title VI Monitoring Report.August 2023 2.Update socioeconomic demographic GIS data analysis for EJ.July 2023 - March 2024 3.Conduct public meetings for review and comment period for Program of Projects (POP) related to grant applications and fare increases/service reduction, MTP & special studies. As Needed 4.Assist in planning for transit system capital investments that will lead to increased security for the transit system.As Needed 5.Develop UPWP and Georgia 5303 Grant Application.October 31, 2023 6.Provide technical transit planning and grant management assistance related to Coordinated Human Services Transportation, ADA accessibility, transit service As Needed 31 ACTIVITIES EXPECTED COMPLETION DATE operational improvements, land use and transportation, transit-oriented development, and other issues. 7.FY 2024 FTA 5303 Quarterly Reports to GDOT and SCDOT.Oct, Jan, Apr, Jun 8.Facilitate MPO committee meetings for transit planning tasks.Quarterly 9.Prepare split grant funding tables and assist with grant submission for 5307 and 5339 split allocations for AT and LSCOG. January 31, - April 1, 2024 10.FY 2024 Invoices for Section 5310 Program.Monthly by the 10th 11.Assist with POP and transit funding tables in TIP for AT and LSCOG.September 30, 2023 12.FTA Section 5307 Grant Application SC November 2023 13.Semi-annual Disadvantaged Business Enterprise (DBE) Reporting for Urban Transit Services SC Dec. & June 2023/2024 14.FTA Required Milestone Progress Reports (MPR) and Federal Financial Reports (FFR) Reporting for Grants in TrAMS SC Annually 15.Quarterly Reporting for 5303 Planning Services SC Quarterly 16.State Application to SCDOT for State Mass Transit Funds (SMTF) funding SC March 30, 2024 17.Monthly Invoicing to MPO for 5310 Transit Service SC Monthly by the 15th 18.Attendance and report presentation to all ARTS Committees SC Quarterly 19.Applications for Funding to be used as Local Match SC Annually 20.SCDOT Public Transportation Workshop September 2024 21.Transportation Association of South Carolina (TASC) conference Spring 2024 22.Attendance Georgia Transportation Association (GTA) Conference November 2023 23.Triennial National Database Sampling – onboard counting of bus riders Summer 2023 24.Attendance Zero Emission Bus Conference Summer 2023 25.South Carolina Annual MPO/COG Workshop TBD 26.National Transit Institute (NTI) webinars On-Going 27.Assist with Program of Projects (POP) and transit funding tables On-Going 28.Perform Transit Service Provider Contract Oversight On-Going 29.Administration of FTA 5310 Grant for LSCOG. Monthly ridership report and invoices submitted to Deanna Specialty Transportation. Monthly Product(s) 1.Grant administration activities for FTA Section 5310 2.Submission of a grant application for capital and operating assistance. 3.Preparation of the GA UPWP public transit elements. 4.Various Grant Applications and Funding Requests. 5.Various Monthly, Quarterly, and Annual Reports. 6.Attendance and presentation to all three ARTS Committees (each held bi-monthly). COST ESTIMATES AND PROPOSED FUNDING SOURCES 32 Responsible Agency: Augusta Planning and Development Department (APDD), Lower Savannah Council of Governments (LSCOG), Georgia Department of Transportation (GDOT), and Federal Transit Administration (FTA). FUNDING SOURCE APDD LSCOG TOTAL FTA (FHWA GA SEC 5303) $41,164.00 $0.00 $41,164.00 GA DOT (SEC 5303 Match) $5,145.50 $0.00 $5,145.50 APDD (SEC 5303 Match) $5,145.50 $0.00 $5,145.50 FTA (FHWA SC SEC 5303) $0.00 $26,040.00 $26,040.00 LSCOG (SEC 5303 Match) $0.00 $6,510.00 $6,510.00 TOTALS $51,455.00 $32,550.00 $84,005.00 TASK 5.2 – Metropolitan Transportation Planning (System Level) (44.23.01) Purpose: Provide and/or create current data annually that is utilized in the MTP and Analysis. These data sets include Socioeconomic Data/Environmental Justice; Land Use Monitoring; Transportation Surveys, Models and Analysis; GIS Development and Application; Long Range Transit Planning; Performance-Based Planning; Congestion Management; Air Quality Issues; Public Administration; and Intermodal Planning. Community Outreach and Education are performed as part of this task to disseminate the new information. To successfully respond to public transit requirements for Transit Asset Management (TAM) Plans and Safety. To review the ten-year planning horizon for the BFE’s transit development plan (TDP). Previous Work 1. Developed framework for FTA Section 5310 Enhanced Mobility for seniors and Individuals with Disabilities which included service operation strategy, grant administration, and mobility management for travel training. 2. LSCOG assisted with the development and implementation of the FTA Section 5310 urban program for residents of Aiken County who are 60+ or a person with a disability. 3. Developed GIS mapping for address matching for transit service zones to schedule mobility trips and reservations for ADA complementary trips. FY 2024 Work Activities and Schedule ACTIVITIES ESTIMATED COMPLETION DATES 1. Continue assessing the financial capability of AT and BFE and continue to secure other funding sources to implement recommendations from the COA. On-Going 2. Staff tasks related to 2050 MTP Performance-Based Multimodal Plan Update – Socioeconomic data, GIS analysis, and mapping, community outreach, regional travel demand model for transit. July 2023 – June 30, 2024 3. LSCOG Updates and Amendments to the MTP SC. As needed 4. Participate in Performance-Based Planning for the Transit System. On-Going 5. Enhancements to Public Transit On-Going Product(s): 33 1.ARTS will continue all task activities for FTA Section 5310 Enhance Mobility for Seniors and Individuals with Disabilities, service operation strategy, and regional Coordinated Human Services Transportation Framework. 2.2050 MTP Performance-Based Multimodal Plan Update – socioeconomic data, land use development data collection and analysis, GIS analysis and mapping, community outreach, regional travel model for transit. 3.Corridor Plans – application of Land use and Access Management and Complete Streets policies to increase transit ridership and ADA safety 4.Performance Measures – Public Transit 5.GIS map and address matching for transit service zones to schedule mobility trips and reservations for ADA complementary trips. 6.To review, study and assist August Transit in addressing transit-related issues. Issues include safety, bus shelter lighting, and ADA compliance. COST ESTIMATES AND PROPOSED FUNDING SOURCES Responsible Agency: Augusta Planning and Development Department (APDD), Lower Savannah Council of Governments (LSCOG), Georgia Department of Transportation (GDOT), and Federal Transit Administration (FTA). FUNDING SOURCE APDD LSCOG TOTAL FTA (FHWA GA SEC 5303) $52,000.00 $0.00 $52,000.00 GA DOT (SEC 5303 Match) $6,500.00 $0.00 $6,500.00 APDD (SEC 5303 Match) $6,500.00 $0.00 $6,500.00 FTA (FHWA SC SEC 5303) $0.00 $2,000.00 $2,000.00 LSCOG (SEC 5303 Match) $0.00 $500.00 $500.00 TOTALS $65,000.00 $2,500.00 $67,500.00 TASK 5.3 - Short-Range Transportation Planning (44.24.00) Purpose: To perform tasks that are immediate and are reviewed for implementation within the next 3-5 years. LSCOG staff will undertake their required short-range transit planning activities. This includes preparing the necessary operations reports, periodically evaluating the level of transit service, monitoring requirements of the grant process, preparing the annual update to the Title VI assurances, and assisting in the following year's UPWP. FY 2024 Work Activities and Schedule ACTIVITIES EXPECTED COMPLETION DATE 1.Monitor, update and program grant funds for buses and/or vans for ADA complementary services including the purchase or lease of new transit vehicles accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. On-Going 2.Participate with ARTS/MPO in a review and update, if needed, of any Regional Human Services Coordination Plan On-Going or as requested by the MPO 34 ACTIVITIES EXPECTED COMPLETION DATE 3. Marketing of any New or Revised Service On-Going 4. Respond to Requests for Presentations to the Public or Agencies On-Going 5. Attorney and Executive Director Signatures on Annual Certification & Assurances for FTA March 2024 6. Capital Vehicle Acquisition Planning February 2024 7. Updates to Transit Asset Management (TAM) Plan June 2024 8. Safety and Planning Mandate July 2023 9. Review the TDP for Possible Implementation of Previous Recommendations On-Going 10. Submit transit system performance data reported to NTD. October 2023 11. Annual NTD Report and Validation Response January 2024 Product(s): 1. Annual Certifications and Assurances 2. TAM Plan Updates 3. Transit section of UPWP completed 4. Continued implementation of the Public Transit Agency Safety Plan (PTASP) 5. Annual NTD Report COST ESTIMATES AND PROPOSED FUNDING SOURCES Responsible Agency: Augusta Planning and Development Department (APDD), Lower Savannah Council of Governments (LSCOG), Georgia Department of Transportation (GDOT), and Federal Transit Administration (FTA). FUNDING SOURCE APDD LSCOG TOTALS FTA (SEC 5303) $60,000.00 $0.00 $60,000.00 GA DOT (SEC 5303 Match) $7,500.00 $0.00 $7,500.00 APDD (GA PL Match) $7,500.00 $0.00 $7,500.00 FTA (SEC 5303) $0.00 $15,960.00 $15,960.00 LSCOG (SEC 5303 Match) $0.00 $3,990.00 $3,990.00 TOTAL $75,000.00 $19,950.00 $94,950.00 35 TASK 5.4 - Transportation Improvement Program (44.25.00) Purpose: LSCOG will participate with the ARTS MPO in the completion of the TIP and its updates; coordinate with the MPO for the split allocation letters for Section 5307 funding; assist with the additional programming of FTA Section 5339 and 5310. Previous Work 1. Continued assessment of the financial capability of AT and secure other possible funding sources to implement recommendations from the COA. FY 2024 Work Activities and Schedule ACTIVITIES ESTIMATED COMPLETION DATES 1. Prepare and submit to the ARTS MPO the annual updates to the TIP. As Needed 2. Review SC STIP and follow up with APDD to make sure LSCOG programming has made It to SCDOT. Programming may include but is not limited to sections 5307, 5339, and 5310. November 2023 3. Update the text in the TIP regarding the Program of Projects and Financial Plan for the BFE transit system. On-going Product(s): 1. Completed TIP document reviewed and adopted by the ARTS Committees. 2. SCDOT STIP reflecting accurate programming information for Aiken County Transit. COST ESTIMATES AND PROPOSED FUNDING SOURCES Responsible Agency: Augusta Planning and Development Department (APDD), Lower Savannah Council of Governments (LSCOG), Georgia Department of Transportation (GDOT), and Federal Transit Administration (FTA). FUNDING SOURCE APDD LSCOG TOTALS FTA (FHWA GA SEC 5303) $35,200.00 $0.00 $35,200.00 GA DOT (SEC 5303 Match) $4,400.00 $0.00 $4,400.00 APDD (SEC 5303 Match) $4,400.00 $0.00 $4,400.00 FTA (FHWA SC SEC 5303) $0.00 $4,000.00 $4,000.00 LSCOG (SEC 5303 Match) $0.00 $1,000.00 $1,000.00 TOTAL $44,000.00 $5,000.00 $49,000.00 36 FTA Section 5303 Budget Activity Line Item 2023/2024 Comparison 2023 Federal, State, and Local Allocations 2024 Federal, State, and Local Allocations UPWP FY 2023 SECTION 5303 APDD GA & SC ARTS FTA SUMMARY FTA GA DOT APDD Total GA WORK ELEMENT SEC 5303 Match Match SEC 5303 5.1 Program Support and Administration (44.21.00) $33,088.00 $4,136.00 $4,136.00 $41,360.00 5.2 Long-Range Transportation Planning (44.23.01) $48,800.00 $6,100.00 $6,100.00 $61,000.00 5.3 Short-Range Transportation Planning (44.24.00) $36,000.00 $4,500.00 $4,500.00 $45,000.00 5.4 Transportation Improvement Program (44.25.00) $33,600.00 $4,200.00 $4,200.00 $42,000.00 Total $151,488.00 $18,936.00 $18,936.00 $189,360.00 UPWP FY 2024 SECTION 5303 APDD GA & SC ARTS FTA SUMMARY FTA GA DOT APDD Total GA WORK ELEMENT SEC 5303 Match Match SEC 5303 5.1 Program Support and Administration (44.21.00) $41,164.00 $5,145.50 $5,145.50 $51,455.00 5.2 Long-Range Transportation Planning (44.23.01) $52,000.00 $6,500.00 $6,500.00 $65,000.00 5.3 Short-Range Transportation Planning (44.24.00) $60,000.00 $7,500.00 $7,500.00 $75,000.00 5.4 Transportation Improvement Program (44.25.00) $35,200.00 $4,400.00 $4,400.00 $44,000.00 Total $188,364.00 $23,545.50 $23,545.50 $235,455.00 37 Commission Meeting Agenda 12/6/2022 2:00 PM Federal Transit Administration 5303 FY 2024 Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve the annual application to the Federal Transit Administration (FTA) for Section 5303 funds in FY 2024.(Approved by Public Service Committee November 29, 2022) Background:Section 5303 funds are a formula grant provided by FTA annually for the development of an integrated intermodal transportation system, identification of transit multimodal or intermodal facilities, financial plan, assessment of capital investment, or transit enhancement activities. All projects must conform to FTA guidelines. Analysis: Financial Impact:FTA Section 5303 FY 2023 Application - Application with the Federal Transit Administration (FTA) for a grant under Title 49 U.S.C., Section 5303. There is an 80/10/10 split on the grant/match as shown below: Federal - $188,364.00 State - $23,545.50 Local - $23,545.50 10% Local match is included in the 2023 Planning & Development budget. Approved by the Administrator's Office on November 17, 2022. Alternatives:Forfeit potential reimbursement of planning activities related to transit planning. Recommendation:Approval of the FY 2024 Application to FTA for Section 5303 Funds. Funds are Available in the Following Accounts: Federal - $188,364.00 State - $23,545.50 Local - $23,545.50 10% Local match is included in the 2023 Planning & Development budget - 220016309 REVIEWED AND APPROVED BY: ARINC Lease Agreement Page 1 of 13 AUGUSTA REGIONAL AIRPORT AT BUSH FIELD STATE OF GEORGIA COUNTY OF RICHMOND LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this _____ day of _______________, 2023 by and between, AUGUSTA GEORGIA, a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called "Lessor" and AERONAUTICAL RADIO, INC. (ARINC), (a Delaware Corporation), whose address is 2551 Riva Road, Annapolis, Maryland 21401, hereinafter called "Lessee". In and for the promises and mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties intending to be legally bound do agree as follows: 1. Premises: Lessor does hereby lease and the Lessee, for its exclusive use, does hereby lease from Lessor: 1.1 Space to install an equipment cabinet (42 inches x 42 inches x 48 inches) in the Air Cargo building attic located at 1502 Aviation Blvd., Augusta, Georgia. 1.2 Space for mounting equipment antenna on the Air Cargo Building roof. Lessor will approve antenna installation prior to installation. Lessee will obtain any required permits or licenses required for the operation of its equipment. 1.3 Lessee shall provide at its expense any required additional communications i.e., telephone lines or other requirement to make system operational. 1.4 Lessee shall provide notice to Lessor of its need to access the premises and shall do so during normal business hours of 8 am to 5 pm. Lessee shall not access the premises unless escorted by Lessor and shall provide proper identification for such access. If emergency access is required to the premises, Lessee shall notify the Lessor at (706) 823-4419. 1.5 Lessor and Lessee acknowledge that Lessee currently occupies the premises for the permitted use pursuant to the prior lease dated June 20, 2017 (the “prior lease”), which prior lease shall be deemed terminated as of 11:59 pm on the day preceding the commencement date of this lease. 2. Term: The term of this lease shall be for one (1) year commencing on the above date and shall automatically renew for four (4) additional one (1) year terms unless earlier terminated by the parties. In accordance with Georgia law regarding multi-year leases, the effective date of this Lease shall continue through December 31 of the date of execution. The lease shall: (i) terminate absolutely and without further obligation on the part of Lessor ARINC Lease Agreement Page 2 of 13 each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions in this Article of this Lease: (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Lease; and (iii) terminate absolutely, with no further renewals, on December 31, 2028, unless extended by written amendment. The Lease Term may be extended only by written renewal approved by the Augusta Aviation Commission, Augusta, Georgia Board of Commissioners and executed by the Augusta, Georgia Mayor and the Lessee in accordance with the terms of this Lease. 3. Rental Fee: As rental for the premises identified in paragraph 1 above, Lessee agrees to pay Lessor the sum of three thousand dollars ($3,500.00) per year with increase of 3% per annum. Rent shall be paid monthly in advance no later than the tenth day of each month for which rental is due to Lessor at the herein above address. Rental fee shall be paid in United States currency. Any rental fee paid by Lessee under the prior lease for any period after the termination date of the prior lease shall be credited by Lessor to the account of this lease. 4. Security Deposit. N/A for this Lease renewal. 5. Interest; Attorney’s Fees. Any rental payment or other payment required to be paid by Lessee hereunder, if not paid within ten (10) days of the due date, shall bear interest from the date the same became due until the date payment is received by Lessor at the rate of 1.5% per month (18% per annum). If Lessee fails to pay any rental payment or any other payment required to be paid by Lessee hereunder and the same is collected through the services of an attorney at law, Lessee shall pay to Lessor attorney’s fees and all reasonable expenses of the litigation. 6. Utilities. Utilities are to be paid by Lessee. Lessor has included the cost of utilities in the annual rental fee. 7. Fee Adjustment. It is understood and agreed that the foregoing rental fee and utility fee are subject to annual adjustment and as set forth in Paragraph 3 above, shall increase by three percent (3%) on each anniversary of the commencement date during the term. 8. Use of Premises. 8.1 Lessee. provides Aircraft Communications Automatic Reporting Systems (ACARS) information for ground and enroute users. Typically, information is passed from the aircraft to the ARINC equipment and then it is passed on to the user. ARINC has requested to locate their receiver transmitter and associated equipment at Augusta Regional Airport. 8.2 Lessee’s occupancy and use of the Premises herein leased shall at all times be conducted in such a manner as not to create a hazard or limit the use of the Airport by others. 8.3 Preventive maintenance, routine servicing, and minor repairs to Lessee's equipment may be performed within the Leased Premises. 8.4 In connection with the exercise of its rights under this Lease, Lessee shall not: ARINC Lease Agreement Page 3 of 13 8.4.1 Do or permit its agents, employees, directors, or officers to do anything on or about the Airport that may interfere with the effectiveness or accessibility of the drainage and sewage system, electrical system, air conditioning system, fire protection system, sprinkler system, alarm system, and fire hydrants and hoses, if any, installed or located on or within the premises of the Airport. 8.4.2 Bring, keep or store, at any time, flammable or combustible liquids on the premises, except in storage containers especially constructed for such purposes in accordance with federal, state, and county laws, including the Uniform Fire Code and the Uniform Building Code. For the purposes of this Lease, flammable or combustible liquids shall have the same definitions as set forth in the most recent Uniform Fire Code. 8.5 At all times throughout the term of this Lease, as may be extended, Lessee’s use of the Premises shall be in compliance with all applicable rules, regulations and laws of the United States of America, including, by way of example only, the rules of the Federal Aviation Administration, the State of Georgia, all local authorities having proper jurisdiction over the Premises and Lessor. 8.6 It is understood and agreed that should Lessor, or the Federal Aviation Administration ("FAA") determine that a portion of the Premises is not being used by Lessee to fulfill a legitimate aviation need, and Lessee is unwilling or unable within twelve (12) months from date of written notification to use the Premises or portion of the Premises for an aviation need, then Lessee shall relinquish immediately the Premises or the unused portion of the Premises to Lessor with no remuneration. 8.7 Failure by Lessee to comply with any of the terms and conditions of this Lease shall constitute an Event of Default (as hereinafter defined). 9. Inspection by Lessor. Lessor, its authorized officers, employees, agents or representatives shall have the right to enter upon the premises to make inspections during regular business hours when a representative of the Lessee is present, or at any time in case of emergency and/or to determine whether Lessee has complied with and is complying with the terms and conditions of this Lease; provided, however, that said inspection shall in no event unduly disrupt or interfere with the operation of the Lessee. 10. Title to Equipment and Improvements. It is mutually understood and agreed that title to the Leased Premises, and all the buildings and structures and all other improvements of a permanent character that may be built upon the Leased Premises by the Lessee during the term of this Lease pursuant to the approval and consent of Lessor shall remain the property of the Lessor and that fee simple title to the same shall be vested in Lessor. Equipment, furnishings and trade equipment shall remain the property of the Lessee and shall be removed no later than the expiration of the term or any renewal. Lessee shall repair and restore or reimburse Lessor to repair and restore any damage to the Leased Premises occasioned by such removal. If at the expiration of said lease, such equipment, furnishings and trade equipment have not been removed from the Leased Premises, same shall become the property of Lessor. 11. Maintenance of Premises. ARINC Lease Agreement Page 4 of 13 11.1 Lessee acknowledges and agrees that throughout the Initial Lease Term and any extension, it shall be Lessee’s responsibility to keep and maintain the Premises and every part or portion thereof neat and clean, in good order, and in compliance with all applicable rules, regulations and laws of the United States of America, the State of Georgia, the Lessor and all local authorities having proper jurisdiction over the Premises and Lessor. 11.2 Lessee shall be liable for any and all damage to the Premises caused by Lessee, its employees, agents, licensees, guests, or invitees. Any damage to the Premises caused by or resulting from any act or omission of Lessee, its employees, agents, licensees, guests, or invitees, including, by way of example, any failure to comply with the provisions of this Lease, or any commission of negligence on the part of Lessee or any of its employees, agents, licensees, guests, or invitees, shall be remedied by Lessee at its sole cost and expense. 12. Janitorial Services. N/A. 13. Security. 13.1 Lessee is responsible for safely securing its equipment on the Premises, in compliance with all applicable rules, regulations and laws of the United States of America, including the rules of the Federal Aviation Administration, the State of Georgia, the Lessor, and all local authorities having proper jurisdiction over the Premises. 13.2 Lessee acknowledges that the Premises does not have manned security, and does hereby indemnify and hold harmless Lessor for any damage or theft of Lessee’s property located in the Premises unless such damage is directly due to the gross negligence of Lessor. 13.3 Storage by Lessee of Lessee’s personal property or the personal property of any of Lessee’s employees, agents, licensees, guests, or invitees, in or about the Premises shall be done at Lessee’s sole risk and Lessor shall not be responsible in any way for any damage to, or any loss of any such personal property stored in or about the Premises. 14. Operational Requirements and Procedures. The following Rules and Regulations and Standard Operating Procedures govern the operation of all Lessee operations at the Airport including, without limitation, restricted areas and roadways: 14.1 All Persons shall comply with the provision of the Rules Governing Use of the Augusta Regional Airport, and the Rules and Regulation pertaining to Vehicle/ Pedestrian Operations on the Airfield, and the Airport Security program, which are incorporated by reference into the Lease as if fully set forth herein. 14.2 Vehicle and Aircraft Operators shall comply with all applicable Federal, State, and County laws and Ordinances; orders, signals, and directives given by the Executive Director, Law Enforcement Officials, Airport Representative, and traffic control devices. 14.3 No person shall solicit business at the Airport or conduct any other type business at the Airport. ARINC Lease Agreement Page 5 of 13 14.4 No pictures, advertisements, or solicitation flyers shall be posted on the Airport premises. 14.5 Lessee shall keep all doors and gates providing access to any part of the restricted area closed and locked at all times. Lessee is responsible for the security of its leased area and access through its leased doors and gates. 15. Restricted Area Definitions. N/A 16. Airport Badge. N/A 17. Taxes. Lessee shall pay all personal property taxes legally assessed against its equipment, furniture or other personal property located on the Premises. 18. Assignment and Subleasing. Lessee shall not assign this Lease or any interest hereunder or permit the use of the Premises by any other person or persons other than Lessee without prior written consent of Lessor, except that Lessee may assign the Lease to its parent company or to any affiliate or subsidiary company in good standing which is majority owned by Lessee or Lessee’s parent. Lessee will notify Lessor in writing of any such inter-company assignment. Upon any assignment or sublease of the premises by Lessee to an unrelated third party, Lessor may immediately terminate this Lease. 19. Appurtenant Privileges. To the extent such right is within the control of Lessor, Lessor shall have the right to occasionally close the Airport with or without advance notice. Lessor shall not be liable to Lessee in any manner whatsoever for any damages alleged or actual to person or property related in any way to Airport closures. 20. Rules and Regulations. 20.1 Lessee shall use the Premises and the facilities of the Airport in accordance with published Airport Rules and Regulations. Said Rules and Regulations may be examined by Lessee at the office of Augusta Regional Airport Aviation Services. 20.2 Lessee specifically agrees that its operations shall be conducted in compliance with all federal, state, and local environmental laws, rules, and regulations. 20.3 Lessee’s use of the Premises shall comply with all applicable rules, regulations and laws, including 14 CFR Part 298, of the United States of America, including the rules of the FAA, the State of Georgia, all local authorities having proper jurisdiction over the Premises, and Lessor. 20.4 In connection with the exercise of its rights under this Lease, Lessee shall not: 20.4.1 Do or permit its agents, employees, directors, or officers to do any act or thing upon the Airport that will invalidate or conflict with any fire or other casualty insurance policies covering the Airport or any part thereof. 20.4.2 Do or permit its agents, employees, directors, or officers to do any act or thing upon the Airport that will jeopardize the Airport's Operating Certificate. 20.4.3 Do or permit its agents, employees, directors, or officers to do any act or thing in conflict with the Airport's Security Plan. ARINC Lease Agreement Page 6 of 13 20.4.4 Use the Premises for any illegal purposes, nor in violation of FAA, TSA and/or the Airport’s rules or regulations, as amended from time to time, or any regulation of any other governmental entity. 20.4.5 Use the Premises in any manner that will create any nuisance or trespass with respect to other tenants; constitute any unreasonable annoyances, obstruction or interference with operations; or in any manner interfere with, obstruct, block or violate in any manner, the navigable airspace above the Airport in compliance with 14 C.F.R. § 77.5 and/or other regulations as implemented by the Airport, the FAA or as may be implemented by the TSA. 20.4.6 Cause or permit any hazardous materials to be placed, stored, generated, used, released, or disposed of in, on, under, about, or transported from any Airport premises by Lessee, its agents, employees, contractors, or other person unless it has complied with the following: with respect to hazardous materials other than oil, petroleum products, cleaning products, and/or flammable substances reasonably necessary in connection with Lessee's aeronautical activities, the prior written consent of the Airport Executive Director shall be required, which shall not be withheld unreasonably. The Aviation Commission may impose, however, as a condition of such consent, such requirements as the Aviation Commission in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time at which, and the contractor by whom such work shall be done, and Lessee must comply with all environmental laws and regulations (including compliance with all Environmental Protection Agency requirements concerning clean- up) and with prudent business practices, with respect to such hazardous materials, and the presence of hazardous materials must be reasonably necessary for the operation of Lessee’s business. 21. Insurance. 21.1 General Information. Lessee agrees to carry and maintain in force at all times during the Lease Term, at Lessee’s sole expense, the insurance described in herein below for itself. 21.2 Lessor reserves the right to amend the insurance requirements imposed by this Lease by providing thirty (30) days written notice to Lessor. Within thirty (30) days of the publication by Lessor of any such modifications to the foregoing insurance requirements, Lessee shall deliver to Lessor insurance certificates certifying compliance with such modified coverage(s). 21.3 No written amendment of this Lease shall be required to effectuate said increases in minimum limits. 21.4 Lessee’s insurance company must agree to the hold harmless indemnification provision of this Lease. 21.5 All insurance required hereunder shall be by companies holding a “General Policyholders Rating” of A+ or better as set forth in the most current issue ARINC Lease Agreement Page 7 of 13 of “Best’s Insurance Guide” and shall be issued a company licensed, qualified and authorized to transact business in the State of Georgia. 21.6 Lessee is required and responsible to ensure that any sub-lessees or subcontractors maintain same coverage as outlined above, or be covered by the Lessee’s coverage, subject to prior approval of the Lessor. 21.7 Lessee acknowledges that Lessor is not responsible for any of Lessee’s insurance premiums. 21.8 The insurance policies for coverage listed in this section shall contain a provision that written notice of cancellation or any material change in policy by the insurer shall be delivered to the Lessor no less than thirty (30) days prior to cancellation or change. 21.9 Proof of Insurance. Lessee shall provide Lessor with an annual Certificate of Insurance on all required insurance within 10 days upon the effective date of this Lease and annually upon the effective date thereafter. 21.10 Lessee shall obtain and maintain continuously in effect, at all times during the term of this Lease, at Lessee’s sole expense, the following insurance: 21.10.1General Liability Insurance. General liability insurance with a combined single limit of not less than $1,000,000 covering Lessee’s operations off-Airport premises. The foregoing insurance shall be endorsed to state that it will be primary to Lessor’s insurance and that the Lessee waives its right of subrogation against the Aviation Commission, Augusta-Richmond County, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Aviation Commission, Augusta-Richmond County and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and Contractual Liability coverage at least as broad as that given in the most current CG 00 01 ISO form. 21.10.2Workers’ Compensation Insurance. If Lessee has employees, it shall provide Workers’ Compensation insurance with statutory limits and employers liability with a limit of $500,000 for employees and subcontractors entering hangar with limits of liability of not less than Five Hundred Thousand Dollars ($500,000.00) for each accident/disease. Such policy (ies) shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against the Aviation Commission, Augusta-Richmond County, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. 21.10.3Automobile Liability Insurance. Lessee shall provide Automobile Liability insurance with a combined single limit of not less than $1,000,000 covering Lessee’s automobiles while on and off Airport premises. Policy must be written on a Symbol 1 basis. However, if it is determined that Lessee’s automobiles are used on the ramp or SIDA; Lessee shall provide Automobile Liability with a combined ARINC Lease Agreement Page 8 of 13 single limit of not less than $5,000,000. The foregoing insurance shall be endorsed to state that it will be primary to Lessor’s insurance and that the carrier waives its right of subrogation against the Aviation Commission and Augusta-Richmond County, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Aviation Commission and Augusta- Richmond County, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and Contractual Liability coverage at least as broad as that given in the most current CA 00 01 ISO form. 22. Indemnity. 22.1 Lessee shall indemnify and hold harmless the Lessor and the Augusta Aviation Commission, and their members, officers, elected officials, agents, servants, employees and successors in office from any and all claims including reasonable attorney's fees and expenses of litigation incurred by Lessor in connection therewith related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about Airport property which are in any way related to or arising out of any failure of Lessee to perform its obligations hereunder during the period from the date of this Lease to the end of the Lease Term. 22.2 Lessee further agrees that the foregoing Contract to indemnify and hold harmless applies to any claims for damage or injury to any individuals employed or retained by Lessee in connection with any changes, additions, alterations, modifications and/or improvements made to the Premises, and hereby releases Lessor from liability in connection with any such claims. 22.3 Lessee shall keep, defend and hold harmless Lessor, and the Aviation Commission and their respective agents, employees, directors, officers, guests, licensees and invitees, from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessee, by reason of death or injury to persons or loss or damage to property, resulting from Lessee’s operations and occupancy of the Premises, or anything done or omitted by Lessee under this Lease except to the extent that such claims, demands, suits, judgment, costs and expenses may be directly attributed to any act of negligence on the part of Lessor or its agents, employees, directors, officers, guests, licensees and invitees. 23. Hazardous Substances and Spill Prevention, Control and Countermeasure Plan (SPCC). N/A 24. Airport Development. Lessee understands and agrees that Lessor is the owner of the Airport and that, as such, Lessor may, at any time, undertake to further develop or improve the Airport (“Airport Development”), as it sees fit, including, by way of example, expanding the landing area of the Airport, regardless of the desires or views of Lessee, and without interference or hindrance there from. In the event that any Airport Development shall result in making the Premises unusable for Lessee’s ARINC Lease Agreement Page 9 of 13 intended purposes, this Lease shall be terminable by Lessor or Lessee within ten (10) days notice. 25. Default. It is understood between the parties hereto that in the event of default by either of the parties during the term of this Lease agreement, the other party shall have the right forthwith to give notice thereof to the party in default, same to be in writing, and if such condition of default is not removed and restored within ten (10) days after receipt of such notice, then the other party shall forthwith have the option of declaring this Lease in default and proceed to enforce their rights in accordance with the law. For purposes of this Section, an "event of default" includes but is not limited to: 25.1 Lessee’s failure to comply with restricted area access procedures. 25.2 Lessee’s failure to make any payment when it becomes due under this Lease, where such failure continues for ten (10) days after the due date; 25.3 Lessee’s failure to perform, observe and/or comply with any provision of this Lease, where such failure is not cured within ten (10) days of notice thereof from Lessor; or 25.4 Lessee’s insolvency or inability to pay its debts as they become due, or Lessee’s making of an assignment for the benefit of creditors, Lessee’s application for or consent to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or Lessee’s filing of a petition for relief under any bankruptcy, insolvency, reorganization or similar laws, or the filing of a petition in, or proceeding under, any bankruptcy, insolvency, reorganization or similar laws against Lessee, which is not dismissed or fully stayed within ten (10) days after the filing or institution thereof. 26. Lease Termination. 26.1 Lessor may terminate this Lease in the event of a default or failure to comply with the terms of this Lease, which is not cured as set forth above, entitled “Default”. Lessor and Lessee agree that Lessor may terminate this Lease either in whole or in part. Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the Airport Executive Director specifically setting forth the effective date of termination. 26.2 Upon receipt of such Notice, described in subparagraph above, Lessee shall remove all property from the Airport not later than the effective date of termination and shall leave the premises in good condition, normal wear and tear excepted. 26.3 Notwithstanding anything contained herein, either party may terminate this Lease for any reason whatsoever by giving thirty (30) days written notice to the other party. In the event said written notice is given, said Lease shall terminate thirty (30) days from receipt of said written notice by the other party and neither party shall have any further obligation hereunder to the other. 27. Non-Discrimination. Notwithstanding any other provision of this Lease, during the performance of this Lease, Lessee, for itself, its heirs, personal representatives, ARINC Lease Agreement Page 10 of 13 successors in interest and assigns, as part of the consideration of this Lease does hereby covenant and agree, as a covenant running with the land, that: 27.1 No person on the grounds of age, race, color, religion, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Leased Premises; 27.2 In the construction of any improvements on, over or under the Leased Premises, and the furnishing of services therein or thereon, no person on the grounds of age, race, color, religion, sex or national origin shall be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination. 28. C.F.R. Part 21. Lessee shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations (“C.F.R.”), Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. 28.1 In the event of breach of any of the above nondiscrimination covenants, Lessor shall have the right to terminate this Lease and to reenter and repossess the Premises and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 C.F.R. Part 21 have been followed and completed including expiration of appeal rights. 28.2 Lessee assures that it will undertake an affirmative action program, as required by 14 C.F.R. Part 152, Sub-part E, to ensure that no person shall, on the grounds of age, race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting or leasing activities covered in 14 C.F.R. Part 152, Sub-part E. Lessee assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by Sub-part. 28.3 Lessee assures that it will required that its covered organizations provide assurance to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their sub-organizations, as required by 14 C.F.R. Part 152, Sub-part E, to the same effect. 28.4 Lessee agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 C.F.R. Part 152, Sub-part E, or by any federal, state, or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. Lessee agrees to obtain a similar assurance from its covered organizations, and to cause them to require a similar assurance of their covered sub- organizations, as required by 14 C.F.R. Part 152, Sub-part E. 29 Requirements of the United States. This Lease shall be subject and subordinate to the provisions of any existing or future agreement between Lessor and the United States, or any agency thereof, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development or operation of the Airport; ARINC Lease Agreement Page 11 of 13 provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such agreements to include provisions protecting and preserving the rights of Lessee in and to the Premises, and to compensation for the taking thereof, interference therewith and damage thereto, caused by such agreement or by actions of Lessor or the United States pursuant thereto. 30 Quiet Enjoyment, Ingress and Egress. Lessor covenants and warrants that Lessee, so long as it shall pay the rentals herein stipulated and shall perform the duties and obligations herein agreed to be performed by it, shall peaceably and quietly have, hold and occupy and shall have the exclusive use and enjoyment of the Leased Premises during the term of this Lease and any extensions thereof. Lessee and its employees shall have full right of ingress and egress to the Leased Premises at the times set forth in Section 1.4 and without charge, toll or fee. 31 Covenants Bind and Benefit Successors and Assigns. The provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that no one shall have any benefit or acquire any rights under this Lease pursuant to any conveyance, transfer, or assignment in violation of any of its provisions. 32 Open Records. The Lessee acknowledges that all records relating to this Lease and the services to be provided under this Lease may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Lessee shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. Lessee shall notify Lessor immediately of any request made under the Open Records Act and shall furnish Lessor with a copy of the request and the response to such request. 33 Governing Law: This Lease shall be governed and interpreted by the laws of the State of Georgia. 34 Venue. All claims, disputes and other matters in question between the Lessor and the Lessee arising out of or relating to the Lease, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Lessee, by executing this Lease, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 35 Entire Agreement. This Lease contains the entire agreement of the parties and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. This Lease may only be amended upon writing signed by both parties. 36 Breach. Subject to Article 25 of this Lease, upon the failure of Lessee to observe or comply with any of the provisions of this Lease, Lessor may immediately terminate this Lease and institute such actions necessary to recover the property and evict Lessee. 37 Notices. All notices, demands, and requests which may or are required to be given by either Airport or Lessee to the other shall be in writing and shall be deemed to have ARINC Lease Agreement Page 12 of 13 been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: If intended for Lessor: If intended for Lessee: Augusta Aviation Commission AERONAUTICAL RADIO, INC. 1501 Aviation Way 2551 Riva Road Augusta, GA 30906 Annapolis, Maryland 21401 Attn: Executive Director Attn: Real Estate Dept. With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta, GA 30901 Fax: (706) 842-5556 Either party may change the address and name of addressee to which subsequent notices are to be sent by notice to the other given as aforesaid. 38 Miscellaneous Provisions. 38.1 No purported or alleged waiver of any of the provisions of this Lease shall be valid or effective unless in writing signed by the party against whom it is sought to be enforced. 38.2 Captions herein are for convenience or reference only and in no way define, limit or expand the scope or intent of this Lease. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female, and vice versa. 38.3 Counterparts. This Lease may be executed in two or more counterparts, all of which together shall constitute but one and the same Lease. In the event that one or more of the provisions hereof shall be held to be illegal, invalid or enforceable, such provisions shall be deemed severable and the remaining provisions hereof shall continue in full force and effect. 38.4 Nothing contained in this Lease shall be construed to be a waiver of the County’s sovereign immunity. 38.5 It is specifically agreed between the parties executing this Lease that it is not intended by any of the provisions of this Lease to create in the public or any member thereof, third party beneficiary status in connection with the performance of the obligations herein. 38.6 Nothing contained in this Lease shall be construed to be a waiver of any individual's qualified good faith immunity. 38.7 Lessee understands that all operations, uses and occupancy of the Premises must be in strict compliance with all TSA, FAA, Airport rules and regulations, grant requirements, Rules and Regulations, and related provisions for Airport use and operations without restrictions or limitations. ARINC Lease Agreement Page 13 of 13 Lessee further agrees that, in the event there is a question of interpretation, it will comply with the Landlord’s interpretation of such requirements, rules, laws and regulations, as and when notified by the Lessor of its interpretation, time being of the essence. This provision supersedes any other provision of this Lease which may be in conflict therewith. Any default by Lessee shall permit the Landlord to immediately terminate the Lease as a non-exclusive remedy. IN WITNESS WHEREOF, the parties hereof have caused this Lease to be executed as of the day and year first above written. AUGUSTA, GEORGIA AERONAUTICAL RADIO, INC. Lessor Lessee _________________________________ ______________________________ Hardie Davis, Jr., Mayor Susan Keegan, Vice President Attest: Notary: ___________________________ ___________________________ Lena J. Bonner, Clerk of Commission AUGUSTA AVIATION COMMISSION ______________________________ James Germany, Chair Attest: _______________________________ Dereena Harris, Augusta Aviation Commission Clerk Commission Meeting Agenda 12/6/2022 2:00 PM FY2023-FY2028 Aeronautical Radio, Inc. (ARINC) Lease Agreement Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve FY2023-FY2028 Aeronautical Radio, Inc. (ARINC) Lease Agreement. Approved by the Augusta Aviation Commission on October 26, 2022.(Approved by Public Service Committee November 29, 2022) Background:On June 17, 2017, the Airport entered into a lease agreement with Aeronautical Radio, Inc. (ARINC) to maintain the antenna, receiver transmitter and associated equipment needed to provide Aircraft Communications Automatic Reporting Systems (ACARS) information for ground and enroute users. The lease term was one (1) year with four (4) automatic one (1) year renewals. Analysis:The lease is scheduled to expire on December 31, 2022. ARINC expressed the intent to renew the lease agreement with the same term. Financial Impact:The rental fee is the sum of three thousand and five hundred dollars ($3,500.00) per year with increase of 3% per annum. The agreement constitutes a receivable (money-in). Alternatives:To deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on October 26, 2022. Funds are Available in the Following Accounts: 551000000-3492508 REVIEWED AND APPROVED BY: SITA USA, INC. Lease Agreement Page 1 of 13 AUGUSTA REGIONAL AIRPORT AT BUSH FIELD STATE OF GEORGIA COUNTY OF RICHMOND LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this ____ day of ________________,2023 by and between, AUGUSTA GEORGIA, a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called "Lessor", and SITA Information Network Computing USA Inc., a company incorporated in the Delaware with registered address at 3100, Suite 900, Cumberland Boulevard, Atlanta, GA 30339, Georgia, United States. (“Lessee”). In and for the promises and mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties intending to be legally bound do agree as follows: 1. Premises: Lessor does hereby lease and the Lessee, for its exclusive use, does hereby lease from Lessor: 1.1 Space to install an equipment cabinet (42 inches x 42 inches x 48 inches) in the Air Cargo building attic located at 1502 Aviation Blvd., Augusta, Georgia. 1.2 Space for mounting equipment antenna on the Air Cargo Building roof. Lessor will approve antenna installation prior to installation. Lessee will obtain any required permits or licenses required for the operation of its equipment. 1.3 Lessee shall provide at its expense any required additional communications i.e., telephone lines or other requirement to make system operational. 1.4 Lessee shall provide notice to Lessor of its need to access the premises and shall do so during normal business hours of 8 am to 5 pm. Lessee shall not access the premises unless escorted by Lessor and shall provide proper identification for such access. If emergency access is required to the premises, Lessee shall notify the Lessor at (706) 823-4419. 1.5 Lessor and Lessee acknowledge that Lessee currently occupies the premises for the permitted use pursuant to the prior lease dated August 1, 2017 (the “prior lease”), which prior lease shall be deemed terminated as of 11:59 pm on the day preceding the commencement date of this lease. 2. Term: The term of this lease shall be for one (1) year commencing on the above date and shall automatically renew for four (4) additional one (1) year terms unless earlier terminated by the parties. In accordance with Georgia law regarding multi-year leases, the effective date of this Lease shall continue through December 31 of the date of execution. The lease shall: (i) terminate absolutely and without further obligation on the part of Lessor each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions in this Article of this Lease: (ii) automatically renew on each SITA USA, INC. Lease Agreement Page 2 of 13 January 1st, unless terminated in accordance with the termination provisions of this Lease; and (iii) terminate absolutely, with no further renewals, on December 31, 2028, unless extended by written amendment. The Lease Term may be extended only by written renewal approved by the Augusta Aviation Commission, Augusta, Georgia Board of Commissioners and executed by the Augusta, Georgia Mayor and the Lessee in accordance with the terms of this Lease. 3. Rental Fee: As rental for the premises identified in paragraph 1 above, Lessee agrees to pay Lessor the sum of three thousand dollars ($3,500.00) per year with increase of 3% per annum. Rent shall be paid monthly in advance no later than the tenth day of each month for which rental is due to Lessor at the herein above address. Rental fee shall be paid in United States currency. Any rental fee paid by Lessee under the prior lease for any period after the termination date of the prior lease shall be credited by Lessor to the account of this lease. 4. Security Deposit. N/A for this Lease renewal. 5. Interest; Attorney’s Fees. Any rental payment or other payment required to be paid by Lessee hereunder, if not paid within ten (10) days of the due date, shall bear interest from the date the same became due until the date payment is received by Lessor at the rate of 1.5% per month (18% per annum). If Lessee fails to pay any rental payment or any other payment required to be paid by Lessee hereunder and the same is collected through the services of an attorney at law, Lessee shall pay to Lessor attorney’s fees and all reasonable expenses of the litigation. 6. Utilities. Utilities are to be paid by Lessee. Lessor has included the cost of utilities in the annual rental fee. 7. Fee Adjustment. It is understood and agreed that the foregoing rental fee and utility fee are subject to annual adjustment and as set forth in Paragraph 3 above, shall increase by three percent (3%) on each anniversary of the commencement date during the term. 8. Use of Premises. 8.1 Lessee. provides Aircraft Communications Automatic Reporting Systems (ACARS) information for ground and enroute users. Typically, information is passed from the aircraft to the Lesse’s equipment and then it is passed on to the user. Lessee has requested to locate their receiver transmitter and associated equipment at Augusta Regional Airport. 8.2 Lessee’s occupancy and use of the Premises herein leased shall at all times be conducted in such a manner as not to create a hazard or limit the use of the Airport by others. 8.3 Preventive maintenance, routine servicing, and minor repairs to Lessee's equipment may be performed within the Leased Premises. 8.4 In connection with the exercise of its rights under this Lease, Lessee shall not: 8.4.1 Do or permit its agents, employees, directors, or officers to do anything on or about the Airport that may interfere with the effectiveness or accessibility of the drainage and sewage system, electrical system, air conditioning system, fire protection system, SITA USA, INC. Lease Agreement Page 3 of 13 sprinkler system, alarm system, and fire hydrants and hoses, if any, installed or located on or within the premises of the Airport. 8.4.2 Bring, keep or store, at any time, flammable or combustible liquids on the premises, except in storage containers especially constructed for such purposes in accordance with federal, state, and county laws, including the Uniform Fire Code and the Uniform Building Code. For the purposes of this Lease, flammable or combustible liquids shall have the same definitions as set forth in the most recent Uniform Fire Code. 8.5 At all times throughout the term of this Lease, as may be extended, Lessee’s use of the Premises shall be in compliance with all applicable rules, regulations and laws of the United States of America, including, by way of example only, the rules of the Federal Aviation Administration, the State of Georgia, all local authorities having proper jurisdiction over the Premises and Lessor. 8.6 It is understood and agreed that should Lessor, or the Federal Aviation Administration ("FAA") determine that a portion of the Premises is not being used by Lessee to fulfill a legitimate aviation need, and Lessee is unwilling or unable within twelve (12) months from date of written notification to use the Premises or portion of the Premises for an aviation need, then Lessee shall relinquish immediately the Premises or the unused portion of the Premises to Lessor with no remuneration. 8.7 Failure by Lessee to comply with any of the terms and conditions of this Lease shall constitute an Event of Default (as hereinafter defined). 9. Inspection by Lessor. Lessor, its authorized officers, employees, agents or representatives shall have the right to enter upon the premises to make inspections during regular business hours when a representative of the Lessee is present, or at any time in case of emergency and/or to determine whether Lessee has complied with and is complying with the terms and conditions of this Lease; provided, however, that said inspection shall in no event unduly disrupt or interfere with the operation of the Lessee. 10. Title to Equipment and Improvements. It is mutually understood and agreed that title to the Leased Premises, and all the buildings and structures and all other improvements of a permanent character that may be built upon the Leased Premises by the Lessee during the term of this Lease pursuant to the approval and consent of Lessor shall remain the property of the Lessor and that fee simple title to the same shall be vested in Lessor. Equipment, furnishings and trade equipment shall remain the property of the Lessee and shall be removed no later than the expiration of the term or any renewal. Lessee shall repair and restore or reimburse Lessor to repair and restore any damage to the Leased Premises occasioned by such removal. If at the expiration of said lease, such equipment, furnishings and trade equipment have not been removed from the Leased Premises, same shall become the property of Lessor. 11. Maintenance of Premises. 11.1 Lessee acknowledges and agrees that throughout the Initial Lease Term and any extension, it shall be Lessee’s responsibility to keep and maintain the Premises and every part or portion thereof neat and clean, in good order, and SITA USA, INC. Lease Agreement Page 4 of 13 in compliance with all applicable rules, regulations and laws of the United States of America, the State of Georgia, the Lessor and all local authorities having proper jurisdiction over the Premises and Lessor. 11.2 Lessee shall be liable for any and all damage to the Premises caused by Lessee, its employees, agents, licensees, guests, or invitees. Any damage to the Premises caused by or resulting from any act or omission of Lessee, its employees, agents, licensees, guests, or invitees, including, by way of example, any failure to comply with the provisions of this Lease, or any commission of negligence on the part of Lessee or any of its employees, agents, licensees, guests, or invitees, shall be remedied by Lessee at its sole cost and expense. 12. Janitorial Services. N/A. 13. Security. 13.1 Lessee is responsible for safely securing its equipment on the Premises, in compliance with all applicable rules, regulations and laws of the United States of America, including the rules of the Federal Aviation Administration, the State of Georgia, the Lessor, and all local authorities having proper jurisdiction over the Premises. 13.2 Lessee acknowledges that the Premises does not have manned security, and does hereby indemnify and hold harmless Lessor for any damage or theft of Lessee’s property located in the Premises unless such damage is directly due to the gross negligence of Lessor. 13.3 Storage by Lessee of Lessee’s personal property or the personal property of any of Lessee’s employees, agents, licensees, guests, or invitees, in or about the Premises shall be done at Lessee’s sole risk and Lessor shall not be responsible in any way for any damage to, or any loss of any such personal property stored in or about the Premises. 14. Operational Requirements and Procedures. The following Rules and Regulations and Standard Operating Procedures govern the operation of all Lessee operations at the Airport including, without limitation, restricted areas and roadways: 14.1 All Persons shall comply with the provision of the Rules Governing Use of the Augusta Regional Airport, and the Rules and Regulation pertaining to Vehicle/ Pedestrian Operations on the Airfield, and the Airport Security program, which are incorporated by reference into the Lease as if fully set forth herein. 14.2 Vehicle and Aircraft Operators shall comply with all applicable Federal, State, and County laws and Ordinances; orders, signals, and directives given by the Executive Director, Law Enforcement Officials, Airport Representative, and traffic control devices. 14.3 No person shall solicit business at the Airport or conduct any other type business at the Airport. 14.4 No pictures, advertisements, or solicitation flyers shall be posted on the Airport premises. SITA USA, INC. Lease Agreement Page 5 of 13 14.5 Lessee shall keep all doors and gates providing access to any part of the restricted area closed and locked at all times. Lessee is responsible for the security of its leased area and access through its leased doors and gates. 15. Restricted Area Definitions. N/A 16. Airport Badge. N/A 17. Taxes. Lessee shall pay all personal property taxes legally assessed against its equipment, furniture or other personal property located on the Premises. 18. Assignment and Subleasing. Lessee shall not assign this Lease or any interest hereunder or permit the use of the Premises by any other person or persons other than Lessee without prior written consent of Lessor, except that Lessee may assign the Lease to its parent company or to any affiliate or subsidiary company in good standing which is majority owned by Lessee or Lessee’s parent. Lessee will notify Lessor in writing of any such inter-company assignment. Upon any assignment or sublease of the premises by Lessee to an unrelated third party, Lessor may immediately terminate this Lease. 19. Appurtenant Privileges. To the extent such right is within the control of Lessor, Lessor shall have the right to occasionally close the Airport with or without advance notice. Lessor shall not be liable to Lessee in any manner whatsoever for any damages alleged or actual to person or property related in any way to Airport closures. 20. Rules and Regulations. 20.1 Lessee shall use the Premises and the facilities of the Airport in accordance with published Airport Rules and Regulations. Said Rules and Regulations may be examined by Lessee at the office of Augusta Regional Airport Aviation Services. 20.2 Lessee specifically agrees that its operations shall be conducted in compliance with all federal, state, and local environmental laws, rules, and regulations. 20.3 Lessee’s use of the Premises shall comply with all applicable rules, regulations and laws, including 14 CFR Part 298, of the United States of America, including the rules of the FAA, the State of Georgia, all local authorities having proper jurisdiction over the Premises, and Lessor. 20.4 In connection with the exercise of its rights under this Lease, Lessee shall not: 20.4.1 Do or permit its agents, employees, directors, or officers to do any act or thing upon the Airport that will invalidate or conflict with any fire or other casualty insurance policies covering the Airport or any part thereof. 20.4.2 Do or permit its agents, employees, directors, or officers to do any act or thing upon the Airport that will jeopardize the Airport's Operating Certificate. 20.4.3 Do or permit its agents, employees, directors, or officers to do any act or thing in conflict with the Airport's Security Plan. SITA USA, INC. Lease Agreement Page 6 of 13 20.4.4 Use the Premises for any illegal purposes, nor in violation of FAA, TSA and/or the Airport’s rules or regulations, as amended from time to time, or any regulation of any other governmental entity. 20.4.5 Use the Premises in any manner that will create any nuisance or trespass with respect to other tenants; constitute any unreasonable annoyances, obstruction or interference with operations; or in any manner interfere with, obstruct, block or violate in any manner, the navigable airspace above the Airport in compliance with 14 C.F.R. § 77.5 and/or other regulations as implemented by the Airport, the FAA or as may be implemented by the TSA. 20.4.6 Cause or permit any hazardous materials to be placed, stored, generated, used, released, or disposed of in, on, under, about, or transported from any Airport premises by Lessee, its agents, employees, contractors, or other person unless it has complied with the following: with respect to hazardous materials other than oil, petroleum products, cleaning products, and/or flammable substances reasonably necessary in connection with Lessee's aeronautical activities, the prior written consent of the Airport Executive Director shall be required, which shall not be withheld unreasonably. The Aviation Commission may impose, however, as a condition of such consent, such requirements as the Aviation Commission in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time at which, and the contractor by whom such work shall be done, and Lessee must comply with all environmental laws and regulations (including compliance with all Environmental Protection Agency requirements concerning clean- up) and with prudent business practices, with respect to such hazardous materials, and the presence of hazardous materials must be reasonably necessary for the operation of Lessee’s business. 21. Insurance. 21.1 General Information. Lessee agrees to carry and maintain in force at all times during the Lease Term, at Lessee’s sole expense, the insurance described in herein below for itself. 21.2 Lessor reserves the right to amend the insurance requirements imposed by this Lease by providing thirty (30) days written notice to Lessor. Within thirty (30) days of the publication by Lessor of any such modifications to the foregoing insurance requirements, Lessee shall deliver to Lessor insurance certificates certifying compliance with such modified coverage(s). 21.3 No written amendment of this Lease shall be required to effectuate said increases in minimum limits. 21.4 Lessee’s insurance company must agree to the hold harmless indemnification provision of this Lease. 21.5 All insurance required hereunder shall be by companies holding a “General Policyholders Rating” of A+ or better as set forth in the most current issue SITA USA, INC. Lease Agreement Page 7 of 13 of “Best’s Insurance Guide” and shall be issued a company licensed, qualified and authorized to transact business in the State of Georgia. 21.6 Lessee is required and responsible to ensure that any sub-lessees or subcontractors maintain same coverage as outlined above, or be covered by the Lessee’s coverage, subject to prior approval of the Lessor. 21.7 Lessee acknowledges that Lessor is not responsible for any of Lessee’s insurance premiums. 21.8 The insurance policies for coverage listed in this section shall contain a provision that written notice of cancellation or any material change in policy by the insurer shall be delivered to the Lessor no less than thirty (30) days prior to cancellation or change. 21.9 Proof of Insurance. Lessee shall provide Lessor with an annual Certificate of Insurance on all required insurance within 10 days upon the effective date of this Lease and annually upon the effective date thereafter. 21.10 Lessee shall obtain and maintain continuously in effect, at all times during the term of this Lease, at Lessee’s sole expense, the following insurance: 21.10.1General Liability Insurance. General liability insurance with a combined single limit of not less than $1,000,000 covering Lessee’s operations off-Airport premises. The foregoing insurance shall be endorsed to state that it will be primary to Lessor’s insurance and that the Lessee waives its right of subrogation against the Aviation Commission, Augusta-Richmond County, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Aviation Commission, Augusta-Richmond County and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and Contractual Liability coverage at least as broad as that given in the most current CG 00 01 ISO form. 21.10.2Workers’ Compensation Insurance. If Lessee has employees, it shall provide Workers’ Compensation insurance with statutory limits and employers liability with a limit of $500,000 for employees and subcontractors entering hangar with limits of liability of not less than Five Hundred Thousand Dollars ($500,000.00) for each accident/disease. Such policy (ies) shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against the Aviation Commission, Augusta-Richmond County, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. 21.10.3Automobile Liability Insurance. Lessee shall provide Automobile Liability insurance with a combined single limit of not less than $1,000,000 covering Lessee’s automobiles while on and off Airport premises. Policy must be written on a Symbol 1 basis. However, if it is determined that Lessee’s automobiles are used on the ramp or SIDA; Lessee shall provide Automobile Liability with a combined SITA USA, INC. Lease Agreement Page 8 of 13 single limit of not less than $5,000,000. The foregoing insurance shall be endorsed to state that it will be primary to Lessor’s insurance and that the carrier waives its right of subrogation against the Aviation Commission and Augusta-Richmond County, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Aviation Commission and Augusta- Richmond County, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and Contractual Liability coverage at least as broad as that given in the most current CA 00 01 ISO form. 22. Indemnity. 22.1 Lessee shall indemnify and hold harmless the Lessor and the Augusta Aviation Commission, and their members, officers, elected officials, agents, servants, employees and successors in office from any and all claims including reasonable attorney's fees and expenses of litigation incurred by Lessor in connection therewith related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about Airport property which are in any way related to or arising out of any failure of Lessee to perform its obligations hereunder during the period from the date of this Lease to the end of the Lease Term. 22.2 Lessee further agrees that the foregoing Contract to indemnify and hold harmless applies to any claims for damage or injury to any individuals employed or retained by Lessee in connection with any changes, additions, alterations, modifications and/or improvements made to the Premises, and hereby releases Lessor from liability in connection with any such claims. 22.3 Lessee shall keep, defend and hold harmless Lessor, and the Aviation Commission and their respective agents, employees, directors, officers, guests, licensees and invitees, from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessee, by reason of death or injury to persons or loss or damage to property, resulting from Lessee’s operations and occupancy of the Premises, or anything done or omitted by Lessee under this Lease except to the extent that such claims, demands, suits, judgment, costs and expenses may be directly attributed to any act of negligence on the part of Lessor or its agents, employees, directors, officers, guests, licensees and invitees. 23. Hazardous Substances and Spill Prevention, Control and Countermeasure Plan (SPCC). N/A 24. Airport Development. Lessee understands and agrees that Lessor is the owner of the Airport and that, as such, Lessor may, at any time, undertake to further develop or improve the Airport (“Airport Development”), as it sees fit, including, by way of example, expanding the landing area of the Airport, regardless of the desires or views of Lessee, and without interference or hindrance there from. In the event that any Airport Development shall result in making the Premises unusable for Lessee’s SITA USA, INC. Lease Agreement Page 9 of 13 intended purposes, this Lease shall be terminable by Lessor or Lessee within ten (10) days notice. 25. Default. It is understood between the parties hereto that in the event of default by either of the parties during the term of this Lease agreement, the other party shall have the right forthwith to give notice thereof to the party in default, same to be in writing, and if such condition of default is not removed and restored within ten (10) days after receipt of such notice, then the other party shall forthwith have the option of declaring this Lease in default and proceed to enforce their rights in accordance with the law. For purposes of this Section, an "event of default" includes but is not limited to: 25.1 Lessee’s failure to comply with restricted area access procedures. 25.2 Lessee’s failure to make any payment when it becomes due under this Lease, where such failure continues for ten (10) days after the due date; 25.3 Lessee’s failure to perform, observe and/or comply with any provision of this Lease, where such failure is not cured within ten (10) days of notice thereof from Lessor; or 25.4 Lessee’s insolvency or inability to pay its debts as they become due, or Lessee’s making of an assignment for the benefit of creditors, Lessee’s application for or consent to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or Lessee’s filing of a petition for relief under any bankruptcy, insolvency, reorganization or similar laws, or the filing of a petition in, or proceeding under, any bankruptcy, insolvency, reorganization or similar laws against Lessee, which is not dismissed or fully stayed within ten (10) days after the filing or institution thereof. 26. Lease Termination. 26.1 Lessor may terminate this Lease in the event of a default or failure to comply with the terms of this Lease, which is not cured as set forth above, entitled “Default”. Lessor and Lessee agree that Lessor may terminate this Lease either in whole or in part. Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the Airport Executive Director specifically setting forth the effective date of termination. 26.2 Upon receipt of such Notice, described in subparagraph above, Lessee shall remove all property from the Airport not later than the effective date of termination and shall leave the premises in good condition, normal wear and tear excepted. 26.3 Notwithstanding anything contained herein, either party may terminate this Lease for any reason whatsoever by giving thirty (30) days written notice to the other party. In the event said written notice is given, said Lease shall terminate thirty (30) days from receipt of said written notice by the other party and neither party shall have any further obligation hereunder to the other. 27. Non-Discrimination. Notwithstanding any other provision of this Lease, during the performance of this Lease, Lessee, for itself, its heirs, personal representatives, SITA USA, INC. Lease Agreement Page 10 of 13 successors in interest and assigns, as part of the consideration of this Lease does hereby covenant and agree, as a covenant running with the land, that: 27.1 No person on the grounds of age, race, color, religion, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Leased Premises; 27.2 In the construction of any improvements on, over or under the Leased Premises, and the furnishing of services therein or thereon, no person on the grounds of age, race, color, religion, sex or national origin shall be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination. 28. C.F.R. Part 21. Lessee shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations (“C.F.R.”), Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. 28.1 In the event of breach of any of the above nondiscrimination covenants, Lessor shall have the right to terminate this Lease and to reenter and repossess the Premises and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 C.F.R. Part 21 have been followed and completed including expiration of appeal rights. 28.2 Lessee assures that it will undertake an affirmative action program, as required by 14 C.F.R. Part 152, Sub-part E, to ensure that no person shall, on the grounds of age, race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting or leasing activities covered in 14 C.F.R. Part 152, Sub-part E. Lessee assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by Sub-part. 28.3 Lessee assures that it will required that its covered organizations provide assurance to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their sub-organizations, as required by 14 C.F.R. Part 152, Sub-part E, to the same effect. 28.4 Lessee agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 C.F.R. Part 152, Sub-part E, or by any federal, state, or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. Lessee agrees to obtain a similar assurance from its covered organizations, and to cause them to require a similar assurance of their covered sub- organizations, as required by 14 C.F.R. Part 152, Sub-part E. 29 Requirements of the United States. This Lease shall be subject and subordinate to the provisions of any existing or future agreement between Lessor and the United States, or any agency thereof, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development or operation of the Airport; SITA USA, INC. Lease Agreement Page 11 of 13 provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such agreements to include provisions protecting and preserving the rights of Lessee in and to the Premises, and to compensation for the taking thereof, interference therewith and damage thereto, caused by such agreement or by actions of Lessor or the United States pursuant thereto. 30 Quiet Enjoyment, Ingress and Egress. Lessor covenants and warrants that Lessee, so long as it shall pay the rentals herein stipulated and shall perform the duties and obligations herein agreed to be performed by it, shall peaceably and quietly have, hold and occupy and shall have the exclusive use and enjoyment of the Leased Premises during the term of this Lease and any extensions thereof. Lessee and its employees shall have full right of ingress and egress to the Leased Premises at the times set forth in Section 1.4 and without charge, toll or fee. 31 Covenants Bind and Benefit Successors and Assigns. The provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that no one shall have any benefit or acquire any rights under this Lease pursuant to any conveyance, transfer, or assignment in violation of any of its provisions. 32 Open Records. The Lessee acknowledges that all records relating to this Lease and the services to be provided under this Lease may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Lessee shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. Lessee shall notify Lessor immediately of any request made under the Open Records Act and shall furnish Lessor with a copy of the request and the response to such request. 33 Governing Law: This Lease shall be governed and interpreted by the laws of the State of Georgia. 34 Venue. All claims, disputes and other matters in question between the Lessor and the Lessee arising out of or relating to the Lease, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Lessee, by executing this Lease, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 35 Entire Agreement. This Lease contains the entire agreement of the parties and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. This Lease may only be amended upon writing signed by both parties. 36 Breach. Subject to Article 25 of this Lease, upon the failure of Lessee to observe or comply with any of the provisions of this Lease, Lessor may immediately terminate this Lease and institute such actions necessary to recover the property and evict Lessee. 37 Notices. All notices, demands, and requests which may or are required to be given by either Airport or Lessee to the other shall be in writing and shall be deemed to have SITA USA, INC. Lease Agreement Page 12 of 13 been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: If intended for Lessor: If intended for Lessee: Augusta Aviation Commission SITA Information Network Computing USA Inc. 1501 Aviation Way 3100 Cumberland Blvd. Augusta, GA 30906 Suite 900 Attn: Executive Director Atlanta, GA 30339 Attn: AIRCOM With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta, GA 30901 Fax: (706) 842-5556 Either party may change the address and name of addressee to which subsequent notices are to be sent by notice to the other given as aforesaid. 38 Miscellaneous Provisions. 38.1 No purported or alleged waiver of any of the provisions of this Lease shall be valid or effective unless in writing signed by the party against whom it is sought to be enforced. 38.2 Captions herein are for convenience or reference only and in no way define, limit or expand the scope or intent of this Lease. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female, and vice versa. 38.3 Counterparts. This Lease may be executed in two or more counterparts, all of which together shall constitute but one and the same Lease. In the event that one or more of the provisions hereof shall be held to be illegal, invalid or enforceable, such provisions shall be deemed severable and the remaining provisions hereof shall continue in full force and effect. 38.4 Nothing contained in this Lease shall be construed to be a waiver of the County’s sovereign immunity. 38.5 It is specifically agreed between the parties executing this Lease that it is not intended by any of the provisions of this Lease to create in the public or any member thereof, third party beneficiary status in connection with the performance of the obligations herein. 38.6 Nothing contained in this Lease shall be construed to be a waiver of any individual's qualified good faith immunity. 38.7 Lessee understands that all operations, uses and occupancy of the Premises must be in strict compliance with all TSA, FAA, Airport rules and regulations, grant requirements, Rules and Regulations, and related SITA USA, INC. Lease Agreement Page 13 of 13 provisions for Airport use and operations without restrictions or limitations. Lessee further agrees that, in the event there is a question of interpretation, it will comply with the Landlord’s interpretation of such requirements, rules, laws and regulations, as and when notified by the Lessor of its interpretation, time being of the essence. This provision supersedes any other provision of this Lease which may be in conflict therewith. Any default by Lessee shall permit the Landlord to immediately terminate the Lease as a non-exclusive remedy. IN WITNESS WHEREOF, the parties hereof have caused this Lease to be executed as of the day and year first above written. AUGUSTA, GEORGIA SITA INFORMATION NETWORK COMPUTING USA INC. Lessor Lessee _________________________________ ______________________________ Hardie Davis, Jr., Mayor Harihar Submaranian, Regional CFO – AME Attest: Notary: ___________________________ ___________________________ Lena J. Bonner, Clerk of Commission AUGUSTA AVIATION COMMISSION __________________ James Germany, Chair Attest: _______________ Dereena Harris, Augusta Aviation Commission Clerk Commission Meeting Agenda 12/6/2022 2:00 PM FY2023-FY2028 SITA Information Network Computing USA Inc. (SITA) Lease Agreement Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve FY2023-FY2028 SITA Information Network Computing USA Inc. (SITA) Lease Agreement. Approved by the Augusta Aviation Commission on October 26, 2022.(Approved by Public Service Committee November 29, 2022) Background:On August 1, 2017, the Airport entered into a lease agreement with SITA Information Network Computing USA Inc., to maintain the antenna, receiver transmitter and associated equipment needed to provide Aircraft Communications Automatic Reporting Systems (ACARS) information for ground and enroute users. The lease term was one (1) year with four (4) automatic one (1) year renewals. Analysis:The lease is scheduled to expire on December 31, 2022. ARINC expressed the intent to renew the lease agreement with the same term. Financial Impact:The rental fee is the sum of three thousand and five hundred dollars ($3,500.00) per year with increase of 3% per annum. The agreement constitutes a receivable (money-in). Alternatives:To deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on October 26, 2022. Funds are Available in the Following Accounts: 551000000-3492508 REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Commissioner Bobby Williams Department:Augusta Commission Department:Augusta Commission Caption:Discuss renovations for the city's Sue Reynolds Community Center. (Requested by Mayor Pro Tem Bobby Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Purpose: Sec. 1-10-58. Annual contracts. Local Vendors 2022 Amounts Budget Comments 23-020 YES $38,126.25 $207,230.00 23-037 YES $75,000.00 23-048A No $30,000.00 23-049 YES $50,000.00 23-053 No $143,134.39 $20,000.00 23-099 NO $13,700.00 $90,000.00 23-105 No $40,000.00 23-116 YES $25,000.00 23-117A YES $30,000.00 $567,230.00 PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Fortiline Waterworks Total Sec. 1-10-58. Annual Contracts. Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are:(1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for each public tax dollar spent. A proven technique for obtaining this goal is through the annual bid contract process, Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. Welding & Fabrication Sector One Street Light Poles & Fixtures Greybar Electric Supply Thermoplastic Traffic Marking Crown Usa Inc Roll-Off Recycling & Storage Containers- Street Light Ballast Kits & Bulbs Greybar Electric Supply Purchases on the following annual bid items will exceed $25,000.00 per order: Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using Purchases on the following annual bid items will exceed $25,000.00 per order: Description Recommended Vendors Engineering and Environmental Services Lewis Steel Works Various Pipes, Couplings, and End Sections Concrete Georgia Carolina Concrete Weed & Vegetation Control Naturchem Pipe & Fittings Ferguson Waterworks Commission Meeting Agenda 12/6/2022 2:00 PM 2023 Annual Bid Recommendation - Third Cycle Department:Procurement Department:Procurement Caption:Motion to approve the following annual bid item due to annual purchases for this bid is estimated to exceed $25,000.00. Annual Bid Item for Engineering and Environmental Services: 23-020 Concrete 23-037 Street Light Poles & Fixtures 23-048A Weed & Vegetation Control 23-049 Street Light Ballast Kits & Bulbs 23-053 Welding & Fabrication 23-099 Thermoplastic Traffic Marking 23-105 Roll-Off Recycling & Storage Containers 23-116 Various Pipe, Coupling & End Sections 23-117A Ferguson Waterworks Engineering Department The recommendation of award is for one (1) year with the option to extend for one (1) additional year upon mutual consent of both parties. (Approved by Administrative Services Committee November 29, 2022) Background:The item(s) were bided through the sealed bid process as required in the Augusta Procurement Code. The User Departments have reviewed the submittals and has presented a recommendation of award to the Procurement Department. Analysis:1 vendor responded. Georgia Carolina Concrete submitted the lowest most responsive bid. The request is to award Bid Item # 23-020 to Concrete. 2 vendors responded. Graybar Electric Supply submitted the lowest most responsive bid. The request is to award Bid Item # 23-037 to Street Light Poles & Fixtures. 2 vendors responded. Naturchem submitted the lowest most responsive bid. The request is to award Bid Item # 23-048A to Weed & Vegetation Control. 3 vendors responded. Graybar Electric Supply submitted the lowest most responsive bid. The request is to award Bid Item # 23-049 to Street Light Ballast Kits & Bulbs. 1 vendor responded. Sector One submitted the lowest most responsive bid. The request is to award Bid Item # 23-053 to Welding and Fabrication. 3 vendors responded. Crown USA Inc. submitted the lowest most responsive bid. The request is to award Bid Item # 23-099 to Thermoplastic Traffic Marking. 4 vendors responded. Lewis Steel Works submitted the lowest most responsive bid. The request is to award Bid Item # 23-105 to Roll- Off Recycling & Storage Containers. 1 vendor responded. Fortiline Waterworks submitted the lowest most responsive bid. The request is to award Bid Item # 23-116 to Various Pipes, Couplings, and End Sections. 1 vendor responded. Ferguson Waterworks submitted the lowest most responsive bid. The request is to award Bid Item # 23-117A to Pipe & Fittings. Financial Impact:The individual departments are responsible for the purchases of the items listed on the individual bids. Purchases will be made on an as needed basis. Alternatives:Not to award and make purchases per the Augusta Procurement Code. Recommendation:The Procurement Department recommendation is to Approve as submitted by the User Department and award the Annual Bid(s). Funds are Available in the Following Accounts: User Departments are responsible for individual purchases on their annual bids on an as needed basis. REVIEWED AND APPROVED BY: @r"rrrr"rr*rrtqgb.fr"*rr, %. @"*@o^t, qt*ar" LETTER OF TNTENT TO PURCHASE TWO (2) VEHICLES FROM WADE FORD, lNC. This letter of intent dated, November L7,2022, is to inform you that the Central Services Department - Fleet Management Division has concluded that we intend to purchase: two (2) 2023 Ford Explorers for our Housing and Community Development Department and the 911 Center. The specific specifications and pricing information for this purchase is attached. 1. Buver: Augusta, Georgia -Centralservices Department: Fleet Management Division 2. Seller: Wade Ford, lnc, Government Sales Center: 3850 S Cobb Dr., Smyrna, GA 30080 3. Vehicle Purchase Price: S16,6ss.00 each A purchase order will be provided upon the approval of the Augusta, Georgia Commission. Respectful ly submitted, Director of Procurement Attachments: Vehicle Purchase Price /Specifications Room 605 - 535 Telfair Street, Augusta Georgia 30901 (7A6\821-2422 - Fax (706) 821-281 1 \\ \\'\! . it u qustagli. g()\, Register at www.demandstar.com/suppl ier lbr autolnatic bid notifi cation EI*ffiE scan this QR cooe wrln vour ffi ilili:"ff,[:"fl:'ffi:HJ"";," Prepared by: Roger Moore 10110t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 30080 2023 Explorer 4dr 4x2 Base (K7B) Price Level:320 Pricing Summary - Single Vehicle Vehicle Pricing Base Vehicle Price Options Colors Upfitting Fleet Discount FuelCharge Destination Charge trisRP $36,760.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,495.00 Subtotal Pre-Tax Adjustments Code GPC Descrlptlon Ford Govemment Price Concession $38,255.00 [ISRP -$1,600.00 Total I have several of these in the order system. How many do you need? Roger Roger A. ffi#i+# Moore EHffi*kg' Customer Signature Acceptance Date Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salespe!'son for the most current information. 1 Prepared by: Roger Moore 1011012022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 30080 2023 Explorer 4dr 4x2 Base (K7B) Price Level:320 As Configured Vehicle Code Description MSRP Base Vehicle K7B Packages 100A Powertrain 99H 447 Base Vehicle Price (K7B)$36,760.00 Equipment Group 100A lncludes: - Engine: 2.3L EcoBoost 14 I nclude s auto slarl-slop technology. - Transmission: 1 O-Speed Automatic - 3.58 Non-Limited-Slip Rear Axle Ratio - GVWR: TBD - Tires: P255/65R18 AS 8Sl,Y lncludes mini spara. - Wheels: ,8's-Spoke Silver-Painted Aluminum N/C - Cloth Captain's Chahs lncludes &-way power driver's sesl with power function for tilt and recline, 4-way manualftont passenger seat with fore/afr and recline and 2-way manually adjustable driver and front passenger head restraints. - Radio: AM/FM Stereo lncludes MP3 capability,6 speakers, speed-compensated volume and SiiusXM with a 3 monthprepaid subscription. Seruice is not available in Alaska and Hawaii. All SiriusxM sevices require a subsciption, sold separately by SiriusXM after the tial period. Your SiriusXM service will automatically stop at the end of yout trial unless you decide to subscnbe. lf you decide to continue sevice, the subscription plan chosen will automatically renew and be charged according to your chosen paymant mathod at the then-cunenl rates. Fees and taxes apply. See the SiiusXM Customer Agreement & Pivacy Policy at httpslrawww.siiusxm.com/ www.siriusxm.com for full terms and how to cancel, which includes online methods or calling 1-866-635-2349. Available in the 48 contiguous United States, D.C., and Puerto Rico (with coverage limits and capable receive). Visit httptrtvww.siriusxm.com/FAQS for most currenl service area information. Availabil$ of some seryices and features rs sub/bc, to device capabilities and location rest cfions. All fees, content and features are subjecl to change. SiriusXM, Pandora and all related logos are trademarks of Srnus XM Radio lnc. and its respective subsldianes. - FordPass Connect lncludes 4G LTE Wi-Fi holspol connects up to 10 devices wilh wireless data trial that begins upon AT&T activation and expires at lhe end of 3 months or when 3GB of data is used, whichevet comes first, but cannot extend beyond the trial subsciptian period for remote features. To activate, go to www.atl.comlford, remotely starl, lock and unlock vehicle, schedule specilic times to remotely stan vehicle, locate parked vehicle and check vehicle status (FordPass Connect, the Ford Pass App., and Complimentary Connected Services are required for remote features (see FordPass tenns for details). Connected Seruice and features depend on compatible AT&T network availability. Evolving technology/cellular networks/Vehicle capability may limilfunctionality and prevent operation of connected features. Connecfed seruices excludes W-Fi hotspot.). Note: Ford Telematics and data seruices prep included for fleet only: FordPass Connect 4G Wi-Fi modem provides data to supporl telematics and data services including but not limited to vehicle l&ation, speed, idle time, fuel, vehicle diagnostics and maintenance a/errs. Davice enables telematics servrbes through Ford or authoized providers- Activate at www.fleet.ford.com or call 833-FCS-Ford. (833-327-3673). - SyNC 3 Communicalions & Enteftainment System lncludes enhanced voice recognition, 8' LCD capacitive touchscreen in center stack with swipe capability, AppLink,9r, Asslsl, Apple Car Play and Android Aulo compatibility and 1 "A" and 1 'C' USB ports in the media hub. Engine: 2.3L EcoBoost 1.4 I nclude s a uto staft - stop technology. Transmission: 1 O-Speed Automatic lncluded lncluded Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from lhis estimate because of special local pricing, availability or pricing salesperson for the most current information. ad.lustments not reflected in the dealer's computer system. See 2 Prepared by: Roger Moore 10110t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna ceorgia 130080 2023 Explorer 4dr 4x2 Base (K7B) Price Level: 320 As Configured Vehicle (cont'd) Code Description MSRP STDAX STDGV Wheels & Tires STDTR STDWL Seats & Seat Trim 7 Other Options PAINT 119W8 STDRD 3.58 Non-Limited-Slip Rear Axle Ratio GW/R: TBD Tires: P255/65R18 AS BSW lncludes mini spare. Wheels: 1 8" S-Spoke Silver-Painted Aluminum lncluded lncluded lncluded lncluded Cloth Captain's Chairs lncluded lncludes $-way power drivels seat with power function for tilt and rectine, 4-way manual frontpassonge/ seal with fore/aft and recline and 2-way manually adjustable diver 6nd front passenger head restnints. Monotone Paint Application STD 1l9.1'Wheelbase STD Radio:AM/FM Stereo tnctuded lncludes MPs capability,6 speakers, speed-compensated volume and SiiusXM with a 3 monthprepaid subsciption. Service is not available in Alaska and Hawaii. All ShiusXM seNices require asubsciption, sold separately by SiiusXM afrer the tial peiod. Your SrirusXM seruice will automdtically stop at the end of your tial unless you decide to subscnbe. lf you decide to continueservice, the subsciption plan chosen will automatically renew and be chargbd according to your chosen paymenl method at the then-current rates. Fees and laxes apply. See the SiriusXM Customer Agreement & Privacy Policy at hftpsl/www.siiusxm.com/'viviw.siiusxm.com for fullterms and how to cancel, which includes online methods ot cailing 1-866-635-2349. Available in the lQ gontigqgus United Srales, Q.C- and Puerto Rico (with coverage limits and capable raceiver). Visit httpllvvww.siriusxm.con{FAQS for most curreni service areZ information. Availability of someservtbes and faatures is subject to device capabilities and location restnctlons. All fees, iontent andfeglules are subject to change. SiiusXM, Pandora and all related logos are trademarks of SirusXM Radio lnc. and its respective subsidiaries. lncludes: - FordPass Connect llglvdes 4G LTE Wi-Fi hotspot connects up to 10 devices with wireless data trial that begins upon AT&T activation and expires at the end of 3 months or when 3GB of data is used, whicheier comes first, brtt cannot exlend beyond lhe tial subsciption period for remote features. To activate, go towww.att.comlford, remote.ly stafl, lock and unlack vehicle, schedule specr,ic tlmes to remotely stadvehicle, locate parked whicle and check vehide status (FordPass Connect, the Ford Pass App.,and Complimentary Connected Seruices are required for remote faatures (see FordPass terms fordetails) Connected Seruice and features depend on compatible AT&T netwo* availability. Evolvingtechn6logy/cellular networksfuehicle capabiiity may limit iunclionality and prevent operatbn of connected features. Connected services excludes W-Fi hotspot.), Note. Fod Telematics and data services prep included for fleet only: FordPass Connect 4G Wi-Fi modem provides data to suppoiltelematics and data seryrces including bul not limited to vehicle location, speed, idle time, fuel, vehicle diagnostics and maintenance alefts. Davice enables telematics services through Ford orauthoized providers. Activate at www.fleet.ford.com or call833-FCS-Ford. (833-327-3673). - SyNC 3 Communications & Entertainment System Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of specia! local pricing, availability or pricing adiustments not reflected in the dealer's computer system. See salesperson for the mosl cunent information. 3 Prepared by: Roger Moore 10t10t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 3OOg0 2023 Explorer 4dr 4x2 Base (K7B) Pdce Level:320 As Configured Vehicle (cont'd) Code Description MSRP lncludes enhanced voice recognition, 8" L_CD capacitive touchscreen in center stack with swipe 9a.p9bility, 4ppLink,9.1.1 Assist,-Appte Car ptay aitd Anaroa auio iiipitiii'ij aiJT "A;'and 1 ,C, USB ports in the media hub. Emissions 42s lnterior Color 7N_01 Fleet Options YZ 02 50 State Emissions System STD Flexible. Fuel.Y-el,ctg (FFV) system is standard equipment for vehicles with the3.31T|-VCT V6 FFV engine. - Sandstone dCloth Captain's Chairs Oxford White N/C N/C SUBTOTAL Destination Charge $36,760.00 $1,495.00 TOTAL $38,255.00 Prices and content availability as shown are subjecl to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local p.icing, availability or pricing adjustments not reflected in the dealer's computer system See salesperson for the mosl current information. 4 Prepared by: Roger Moore 10t10t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 3OOSO 2023 Explorer 4dr 4x2 Base (K7B) Price Level:320 Warranty Standard Warranty Easrc Warranty Basic wananty Poweftrain Warranty Powertrain wananty Conosion Peioration Conosion perforation wananty Road side Assr.sfance Wa rranty Roadside warranty Accessories Wananty Accessories wananty 36 months/36,000 miles 60 months/60,000 miles 60 months/unlimited 60 months/60,000 miles 36 months/36,000 miles Prices and conlent availability as shown are subject to change and should be treated as estimales only. Actual base vehicle, package and option pricing may vary from this estimate because ol special local pricing, availability or pricing adiustments not reflected in the dealer's computer system. See salesperson for the mosl current information. 5 Commission Meeting Agenda 12/6/2022 2:00 PM 2022 - Ford Explorer - Wade Ford Department:Central Services Department:Central Services Caption:Motion to approve the purchase of two Ford Explorers, at a total cost of $73,310 from Wade Ford, one for 911 and one for Housing and Community Development. (Approved by Administrative Services Committee November 29, 2022) Background:Due to the global shortage of computer chips and other parts, Ford has cancelled the orders for two 2022 Ford Explorers from Bid #22-182. Fleet contacted dealerships to locate other vehicle alternatives for the needed purchase request. Wade Ford currently has two 2023 Ford Explorers on order and accepted by Ford for production. Procurement issued a “Letter of Intent” to secure the orders for Augusta, Georgia. Analysis:The purchase of two mid-size SUVs were requested by the two departments to support the operational needs. The Procurement Department issued a “Letter of Intent” to secure the order for Augusta, Georgia. Wade Ford - $36,655.00 Financial Impact:216-03-7110/54.22220 $36,655.00 911 Center 221-07-3110/54.22210 $36,655.00 Housing and Community Development Alternatives:Do not approve the purchases. Recommendation:Request to purchase two Ford Explorers, at a total cost of $73,310 from Wade Ford, one for 911 and one for Housing and Community Development. Funds are Available in the Following Accounts: 216-03-7110/54.22220 $36,655.00 911 Center 221-07-3110/54.22210 $36,655.00 Housing and Community Development REVIEWED AND APPROVED BY: ATTACHMENT C W.K. Dickson & Co., Inc. C-1 Revised 04-09-19 CONTRACT FOR SERVICES AMENDMENT NO. 3 ADDITIONAL SERVICES AUTHORIZATION The following modifications to the contract (“Contract”) for Jamestown Park Improvement Project 20180064.00.AG dated February 26, 2018, between Augusta Georgia (CITY) and W.K. Dickson & Co., Inc. (CONSULTANT) are authorized. 1. SCOPE OF SERVICES. Project Understanding: The original project was scoped excluding electrical and lighting design. These services were being provided by Georgia Power for the city. The CITY has requested that the CONSULTANT provide electrical power service design and lighting design as an additional service to the contract. The power supply metering and controls for the existing systems are unknown and will need to be reviewed with maintenance staffing from the CITY to evaluate options for power supply. The proposed design would include power supply coordination and electrical design to provide power to the proposed restroom building, irrigation system and site lighting to include field lighting, pedestrian walking track lighting and lighting for new basketball courts. The controls for these will be centered in the utility room for the new restroom building. In late 2021, the CITY requested assistance from the CONSULTANT to rebid the project a second time. The CONSULTANT informed the CITY that this service was an additional service to the original contract. Construction Bidding Services: • Construction bidding services were provided for the second advertisement of the project, by republishing bid documents to the Procurement Department for bidding and participating in a Pre-Bid Meeting as a technical resource. • Provided clarifications and related documents in addendum format to the Procurement Department. • Prepared conformed Construction Documents for Selected Contractor. Concept Planning: • The CITY will organize a site meeting to include representatives from Georgia Power, Parks Maintenance Staff, the CONSULTANT and administrative project lead to review existing conditions at the site and determine acceptable routing and controls for the project. During this meeting items such as hours of service, access to controls, metering, level of service and use of CITY supplied materials will be reviewed. The CONSULTANT will summarize the findings of this meeting with minutes and provide to the team for review and acceptance. • Based on the findings of the CONSULTANT will develop an Action Plan and Concept Plan for the lighting and electrical needs of the project. This will outline decisions that the CITY will need to make and how design plans, permitting and coordination with Georgia Power will take place. • Upon concurrence by the CITY of the Concept Plan and Action Plan the CONSULTANT will begin design development phase. ATTACHMENT C W.K. Dickson & Co., Inc. C-2 Revised 04-09-19 Design Development: • The CONSULTANT will prepare plans and details and specifications necessary for contractor or evaluate pricing for lighting additions and power feeds for lighting additions to the contract by change order and the necessary building code and permitting necessary for construction of the work. These plans will be coordinated with the CITY and contractor at the 95% level to evaluate questions. • Based on feedback from the CITY and contractor the design development additions will be finalized and delivered in a sealed package for CITY and contractor use. • It should be noted that building permits for this work will be the responsibility of the contractor. • Upon completion of this phase of work the CONSULTANT will develop a construction change order for CITY and Contractor acceptance. Construction Phase: • The CONSULTANT will work with the contractor during the construction phase as required by original contract scoping. • The CONSULTANT will assist the CITY in the management of RFI’s and shop drawings submittals. It is expected that the contractor will submit all electrical shop drawings for review in one package. • The CONSULTANT will assist in this manner for up to 3 RFI’s and 2 Shop drawing packages. It is anticipated that this assistance will require no more than 8 hours of assistance. • The CONSULTANT will assist with final inspection and start up process and has allocated one site visit to accomplish this task. Deliverables: • Concept and Action Plan Development Package • Design Plans and Specifications Package for Construction • Development of Construction Change Order for Contractor Exclusions: • Lighting Pole foundation design/recommendations (assumed to be provided by manufacturer) • Additional Construction Bidding Services (not provided, herein) 2. TIME OF PERFORMANCE. CONSULTANT’s time of performance for the above additional services shall be dependent on several parties’ coordination of these matters. The CONSULTANT is committed to the development of these items in a timely manner to facilitate project completion. Remainder of Page Intentionally Left Blank ATTACHMENT C W.K. Dickson & Co., Inc. C-3 Revised 04-09-19 3. COMPENSATION. The total Contract lump sum is increased from $54,000.00 to $87,000.00. The compensation for these additions will be as follows: • Construction Bidding Service $3,500.00 lump sum. • Concept Planning $12,000.00 lump sum. • Design Development $15,000.00 lump sum. • Construction Phase $2,500.00 lump sum. All other terms of the Contract remain unchanged. CITY: CONSULTANT: CITY OF AUGUSTA W.K. DICKSON & CO., INC. By: By: Name: Name: William G. Wingate III, P.E. Title: Title: Vice President Date: Date: t /* Lerrffal De4r'' 't'/r-'-4" Ron I-ampkin, Interim Director Central Senrices Department GIA Maria Rivera Rivera, Deputy Director MEMORANDUM Geri Sams, Director, Procurement Department Central Seryices Department 2760 Peach Orchard Rd. Augusta GA 30906 Phoner (706) 821-7174 TO: FROM: DATE: SUBJECT: ,Lam gkinrJ nterim Ilirecto r, Central Services Department ,2022 Change Order Request In accordance with Augusta, GA policies and procedures we are requesting to have purchase order POI 8REC4I 5 amended. Pr.uchase order PO18REC415 needs to be amended in the amount of $33,000.00 for lighting design of Jamestown Town Park. This project is to add lighting to the Jamestown park lmprovement project. This new lighting will be used to light the new basketball courts, walking track, playing field and walkways. The 533,000.00 is for w.K. Dickson to perform concept development, design development, and construction phase services. This is absolutely necessary to achieve the desired results to complete this project. This measwewill also provide benefits beyond the original target goal. The effect on Schedule: N/A The effect on Quality: Positive/Required The effect on Scope: Positive/Required Change Order Proposal: Attached . Original Purchase Order Amounto Revised Purchase Order Amount Your assistance would be greatly appreciated. Ron Lampkin Maria Rivera Rivera $54,000.00 $87,000.00 Cc: Commission Meeting Agenda 12/6/2022 2:00 PM 2022 - Jamestown Park - RFP 17-276 / PO # 18REC415 Department:Central Services Department:Central Services Caption:Motion to approve Amendment 3 from W.K. Dickson in the amount of $33,000.00 for lighting design of Jamestown Park and approve the reallocation of $205,000.00 from Fleming Tennis Center SPLOST 6 account to SPLOST 6 Jamestown Park account. Reference ITB 17-276 / PO # 18REC415(Approved by Administrative Services Committee November 29, 2022) Background:This project is to add lighting to the Jamestown Park Improvement project. This new lighting will be used to light the new basketball courts, walking track, playing field and walkways. The $33,000.00 is for W.K. Dickson to perform concept development, design development, and construction phase services. The reallocation of funds from the Fleming Tennis Center account will be used to fund the design and construction of the lighting for Jamestown Park. Analysis:Central Services recommends approval of Amendment 3 from W.K. Dickson for lighting design of Jamestown Park Improvement and reallocation of SPLOST 6 funds of Fleming Tennis Center to Jamestown Park. Financial Impact:Recapture SPLOST funds, as indicated, totaling $205,000.00 from Fleming Tennis Center SPLOST 6; GL: 329-06-1110 JL: 218-05-7126 into SPLOST 6 Jamestown Park that has a balance of $47,503.00 creating a project budget of $252,503.00. Alternatives:(1) Approve Amendment 3 with recaptured funding; (2) Do not approve Amendment 3 with recaptured funding Recommendation:Motion to approve Amendment 3 from W.K. Dickson in the amount of $33,000.00 to be funded by the reallocation of SPLOST 6 funds of Fleming Tennis Center in the amount of $205,000.00. Funds are Available in the Following Accounts: Recapture SPLOST funds, as indicated, totaling $205,000.00 from Fleming Tennis Center SPLOST 6; GL: 329-06-1110 JL: 218-05-7126 into SPLOST 6 Jamestown Park that has a balance of $47,503.00 creating a project budget of $252,503.00. REVIEWED AND APPROVED BY: ASSET #YEAR/MAKE/MODEL VIN #DIVISION MILEAGE F02321 2003 Ford Crown Victoria 2FAHP71W83X168667 CID 143,714 211160 2012 Chevrolet Impala 2G1WD5E30C1171668 CID 143,539 208105 2008 Chevrolet Impala 2G1WS553981332290 CID 138,698 212013 2012 Chevrolet Impala 2G1WD5E32C1267396 CID 138,568 210066 2010 Chevrolet Impala 2G1WD5EM5A1249366 CID 131,016 210065 2010 Chevrolet Impala 2G1WD5EM5A1246659 CID 129,144 210301 2011 Ford Crown Victoria 2FABP7BV4BX121954 ROAD PATROL/TRAFFIC 198,643 214113 2014 Dodge Charger 2C3CDXAT9EH348146 ROAD PATROL/TRAFFIC 195,623 207015 2007 Ford Crown Victoria 2FAFP71W87X160257 ROAD PATROL/TRAFFIC 194,486 213066 2013 Dodge Charger 2C3CDXAT7DH694758 ROAD PATROL/TRAFFIC 193,443 214093 2014 Dodge Charger 2C3CDXAT8EH348123 ROAD PATROL/TRAFFIC 192,340 212035 2013 Ford Taurus 1FAHP2M8XDG119204 ROAD PATROL/TRAFFIC 191,819 210313 2011 Ford Crown Victoria 2FABP7BV9BX120587 ROAD PATROL/TRAFFIC 191,663 212051 2013 Ford Taurus 1FAHP2M84DG124575 ROAD PATROL/TRAFFIC 190,924 215078 2015 Dodge Charger 2C3CDXATXFH902084 ROAD PATROL/TRAFFIC 189,031 210280 2011 Ford Crown Victoria 2FABP7BV7BX121933 ROAD PATROL/TRAFFIC 188,825 213072 2013 Dodge Charger 2C3CDXAT0DH696321 ROAD PATROL/TRAFFIC 181,425 209051 2009 Ford Crown Victoria 2FAHP71V99X135855 ROAD PATROL/TRAFFIC 179,264 210310 2011 Ford Crown Victoria 2FABP7BV3BX120584 ROAD PATROL/TRAFFIC 179,084 210081 2010 Ford Crown Victoria 2FABP7BV7AX138732 ROAD PATROL/TRAFFIC 177,956 213071 2013 Dodge Charger 2C3CDXAT9DH696320 ROAD PATROL/TRAFFIC 176,182 210281 2011 Ford Crown Victoria 2FABP7BV9BX121934 ROAD PATROL/TRAFFIC 176,100 210312 2011 Ford Crown Victoria 2FABP7BV7BX120586 ROAD PATROL/TRAFFIC 175,437 210102 2010 Ford Crown Victoria 2FABP7BV2AX138752 ROAD PATROL/TRAFFIC 174,222 209059 2009 Ford Crown Victoria 2FAHP71V49X135214 ROAD PATROL/TRAFFIC 169,869 209060 2009 Ford Crown Victoria 2FAHP71V69X135215 ROAD PATROL/TRAFFIC 168,989 209066 2009 Ford Crown Victoria 2FAHP71V49X135861 ROAD PATROL/TRAFFIC 167,309 215083 2015 Dodge Charger 2C3CDXATXFH914767 ROAD PATROL/TRAFFIC 164,646 212225 2012 Dodge Charger 2C3CDXATXCH316206 ROAD PATROL/TRAFFIC 163,248 213057 2013 Dodge Charger 2C3CDXAT6DH694749 ROAD PATROL/TRAFFIC 162,968 212034 2013 Ford Taurus 1FAHP2M88DG119203 ROAD PATROL/TRAFFIC 162,776 210283 2011 Ford Crown Victoria 2FABP7BV2BX121936 ROAD PATROL/TRAFFIC 162,223 208064 2009 Ford Crown Victoria 2FAHP71VX9X101374 ROAD PATROL/TRAFFIC 162,201 212059 2013 Ford Taurus 1FAHP2M83DG124583 ROAD PATROL/TRAFFIC 162,200 212049 2013 Ford Taurus 1FAHP2M82DG123411 ROAD PATROL/TRAFFIC 161,440 212057 2013 Ford Taurus 1FAHP2M8XDG124581 ROAD PATROL/TRAFFIC 159,540 213070 2013 Dodge Charger 2C3CDXAT2DH696319 ROAD PATROL/TRAFFIC 158,051 214116 2014 Dodge Charger 2C3CDXAT4EH348149 ROAD PATROL/TRAFFIC 157,615 213085 2013 Dodge Charger 2C3CDXATXDH706949 ROAD PATROL/TRAFFIC 157,548 207045 2007 Ford Crown Victoria 2FAFP71W37X158903 ROAD PATROL/TRAFFIC 156,844 212061 2013 Ford Taurus 1FAHP2M87DG124585 ROAD PATROL/TRAFFIC 156,584 215076 2015 Dodge Charger 2C3CDXAT4FH902081 ROAD PATROL/TRAFFIC 155,881 213053 2013 Chevrolet Impala 2G1WD5E36D1258329 ROAD PATROL/TRAFFIC 155,819 216138 2016 Dodge Charger 2C3CDXAT8GH347489 ROAD PATROL/TRAFFIC 154,832 213082 2013 Dodge Charger 2C3CDXAT8DH706951 ROAD PATROL/TRAFFIC 154,466 212048 2013 Ford Taurus 1FAHP2M80DG123410 ROAD PATROL/TRAFFIC 153,590 205096 2006 Ford Crown Victoria 2FAFP71W16X104434 ROAD PATROL/TRAFFIC 153,090 210309 2011 Ford Crown Victoria 2FABP7BV1BX120583 ROAD PATROL/TRAFFIC 152,294 214114 2014 Dodge Charger 2C3CDXAT0EH348147 ROAD PATROL/TRAFFIC 151,385 212044 2013 Ford Taurus 1FAHP2M89DG123406 ROAD PATROL/TRAFFIC 151,017 206041 2006 Ford Crown Victoria 2FAFP71W46X148850 ROAD PATROL/TRAFFIC 149,665 209052 2009 Ford Crown Victoria 2FAHP71V09X135856 ROAD PATROL/TRAFFIC 148,986 215081 2015 Dodge Charger 2C3CDXAT3FH906879 ROAD PATROL/TRAFFIC 148,947 212072 2013 Ford Taurus 1FAHP2M87DG119287 ROAD PATROL/TRAFFIC 147,930 214119 2014 Dodge Charger 2C3CDXAT4EH348152 ROAD PATROL/TRAFFIC 147,094 212046 2013 Ford Taurus 1FAHP2M82DG123408 ROAD PATROL/TRAFFIC 145,574 208071 2009 Ford Crown Victoria 2FAHP71V79X101381 ROAD PATROL/TRAFFIC 145,436 214105 2014 Dodge Charger 2C3CDXAT1EH348156 ROAD PATROL/TRAFFIC 144,458 212036 2013 Ford Taurus 1FAHP2M81DG119205 ROAD PATROL/TRAFFIC 144,124 212055 2013 Ford Taurus 1FAHP2M81DG124579 ROAD PATROL/TRAFFIC 143,272 209057 2009 Ford Crown Victoria 2FAHP71V09X135212 ROAD PATROL/TRAFFIC 141,845 214088 2014 Dodge Charger 2C3CDXAT0EH343790 ROAD PATROL/TRAFFIC 140,707 214091 2014 Dodge Charger 2C3CDXAT2EH343791 ROAD PATROL/TRAFFIC 137,128 213084 2013 Dodge Charger 2C3CDXAT8DH706948 ROAD PATROL/TRAFFIC 136,687 215085 2015 Dodge Charger 2C3CDXAT6FH902079 ROAD PATROL/TRAFFIC 136,348 213080 2013 Dodge Charger 2C3CDXAT3DH706954 ROAD PATROL/TRAFFIC 136,315 214104 2014 Dodge Charger 2C3CDXAT8EH348137 ROAD PATROL/TRAFFIC 136,185 213064 2013 Dodge Charger 2C3CDXAT3DH694756 ROAD PATROL/TRAFFIC 135,492 217118 2017 Dodge Charger 2C3CDXAT1HH625327 ROAD PATROL/TRAFFIC 134,279 216142 2016 Dodge Charger 2C3CDXATXGH347493 ROAD PATROL/TRAFFIC 133,671 212073 2013 Ford Taurus 1FAHP2M89DG119288 ROAD PATROL/TRAFFIC 131,850 215074 2015 Dodge Charger 2C3CDXAT2FH902077 ROAD PATROL/TRAFFIC 130,948 209079 2009 Ford Crown Victoria 2FAHP71V69X136512 ROAD PATROL/TRAFFIC 129,994 215086 2015 Dodge Charger 2C3CDXAT1FH914768 ROAD PATROL/TRAFFIC 129,926 213075 2013 Dodge Charger 2C3CDXAT6DH696324 ROAD PATROL/TRAFFIC 129,382 214099 2014 Dodge Charger 2C3CDXATXEH348155 ROAD PATROL/TRAFFIC 129,142 215077 2015 Dodge Charger 2C3CDXAT8FH902083 ROAD PATROL/TRAFFIC 126,058 214117 2014 Dodge Charger 2C3CDXAT0EH348150 ROAD PATROL/TRAFFIC 125,992 213083 2013 Dodge Charger 2C3CDXAT6DH706950 ROAD PATROL/TRAFFIC 125,913 206040 2006 Ford Crown Victoria 2FAFP71W66X148851 TRAINING RANGE 205,008 214089 2014 Dodge Charger 2C3CDXAT4EH343792 TRAINING RANGE 193,344 210094 2010 Ford Crown Victoria 2FABP7BV5AX138745 TRAINING RANGE 191,230 206082 2007 Ford Crown Victoria 2FAFP71W57X127457 TRAINING RANGE 190,813 210284 2011 Ford Crown Victoria 2FABP7BV4BX121937 TRAINING RANGE 187,999 204183 2005 Ford Crown Victoria 2FAFP71W85X108866 TRAINING RANGE 184,823 210078 2010 Ford Crown Victoria 2FABP7BV7AX138729 TRAINING RANGE 183,075 208067 2009 Ford Crown Victoria 2FAHP71V59X101377 TRAINING RANGE 181,566 210092 2010 Ford Crown Victoria 2FABP7BV1AX138743 TRAINING RANGE 180,108 205106 2006 Ford Crown Victoria 2FAFP71W06X104425 TRAINING RANGE 176,726 208066 2009 Ford Crown Victoria 2FAHP71V39X101376 TRAINING RANGE 175,587 208054 2009 Ford Crown Victoria 2FAHP71V09X100427 TRAINING RANGE 173,837 210306 2011 Ford Crown Victoria 2FABP7BV3BX121959 TRAINING RANGE 170,840 205105 2006 Ford Crown Victoria 2FAFP71W56X104422 TRAINING RANGE 168,815 208078 2009 Ford Crown Victoria 2FAHP71VX9X101388 TRAINING RANGE 168,519 210086 2010 Ford Crown Victoria 2FABP7BV6AX138737 TRAINING RANGE 167,530 209061 2009 Ford Crown Victoria 2FAHP71V89X135216 TRAINING RANGE 166,426 210305 2011 Ford Crown Victoria 2FABP7BV1BX121958 TRAINING RANGE 164,153 210083 2010 Ford Crown Victoria 2FABP7BV0AX138734 TRAINING RANGE 160,091 208079 2008 Ford Crown Victoria 2FAFP71VX8X168806 TRAINING RANGE 159,682 f02312 2003 Ford Crown Victoria 2FAHP71W33X173520 TRAINING RANGE 158,651 204204 2005 Ford Crown Victoria 2FAFP71W75X108891 TRAINING RANGE 158,361 210084 2010 Ford Crown Victoria 2FABP7BV2AX138735 TRAINING RANGE 158,070 210042 2010 Chevrolet Impala 2G1WD5EM6A1233421 TRAINING RANGE 152,569 214120 2014 Dodge Charger 2C3CDXAT6EH348153 TRAINING RANGE 152,157 207036 2007 Ford Crown Victoria 2FAFP71W37X160280 TRAINING RANGE 143,757 206206 2007 Chevrolet Impala 2G1WS55R779244343 TRAINING RANGE 139,195 210067 2010 Chevrolet Impala 2G1WD5EM2A1246988 ADMINISTRATION 136,944 207046 2007 Ford Crown Victoria 2FAFP71W57X158904 CIVIL AND FUGITIVE 264,104 205080 2005 Ford Crown Victoria 2FAFP71W85X177525 CIVIL AND FUGITIVE 248,855 207047 2007 Ford Crown Victoria 2FAFP71W77X158905 CIVIL AND FUGITIVE 235,858 209056 2009 Ford Crown Victoria 2FAHP71V99X135211 CIVIL AND FUGITIVE 232,021 210275 2011 Ford Crown Victoria 2FABP7BV2BX120589 CIVIL AND FUGITIVE 223,309 210274 2011 Ford Crown Victoria 2FABP7BV0BX120588 CIVIL AND FUGITIVE 208,890 212068 2013 Ford Interceptor 1FAHP2L80DG124574 CIVIL AND FUGITIVE 205,507 208070 2009 Ford Crown Victoria 2FAHP71V59X101380 CIVIL AND FUGITIVE 204,749 210097 2010 Ford Crown Victoria 2FABP7BV0AX138748 CIVIL AND FUGITIVE 204,689 208072 2009 Ford Crown Victoria 2FAHP71V99X101382 CIVIL AND FUGITIVE 202,524 210304 2011 Ford Crown Victoria 2FABP7BVXBX121957 CIVIL AND FUGITIVE 186,186 210099 2010 Ford Crown Victoria 2FABP7BV8AX138724 CIVIL AND FUGITIVE 180,893 210291 2011 Ford Crown Victoria 2FABP7BV1BX121944 CIVIL AND FUGITIVE 177,475 211209 2011 Ford Crown Victoria 2FABP7BV5BX172573 CIVIL AND FUGITIVE 169,827 F02325 2003 Ford Crown Victoria 2FAHP71WX3X173515 CIVIL AND FUGITIVE 167,602 204147 2005 Ford Crown Victoria 2FAFP71W55X108890 CIVIL AND FUGITIVE 163,659 210077 2010 Ford Crown Victoria 2FABP7BV5AX138728 CIVIL AND FUGITIVE 159,877 210074 2010 Ford Crown Victoria 2FABP7BVXAX138725 CIVIL AND FUGITIVE 159,673 208100 2008 Chevrolet Impala 2G1WS553781328352 CIVIL AND FUGITIVE 151,233 203062 2003 Ford Crown Victoria 2FAFP71W43X220576 CIVIL AND FUGITIVE 143,660 210308 2011 Ford Crown Victoria 2FABP7BV2BX122388 CIVIL AND FUGITIVE 143,240 212204 2013 Ford Taurus 1FAHP2M81DG113470 CIVIL AND FUGITIVE 141,199 Invitation to Bid Sealed bids will be received at this office until Thursday, September 29, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 862 0863 3243; Passcode: 336929 for furnishing: Bid Item #22-289 Dodge Police Charger for Augusta, GA – Central Services Department – Fleet Management Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the offices of Augusta, GA Procurement Department, 535 Telfair Street – Suite 605, Augusta, GA 30901 (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, September 27, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 15, 22, 26, 2022 Metro Courier September 15, 2022 OFFICIAL Bid Opening Item #22-289 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Thursday, September 29, 2022 @ 11:00 a.m. VENDORS Thomson Motor Center 2158 Washington Road NE P.O. Box 847 Thomson, GA 30824 Attachment B Yes E-Verify Number 369935 SAVE Form Yes BIDDER OFFER Year:2023 Make:Dodge Model:Charger 5.01 Administrative Package - Police Model Charger Option 1 $36,833.00 5.01 Administrative Package - Police Model Charger Option 2 NB 5.01 Administrative Package - Police Model Charger Option 3 NB 5.02 Civil Package - Police Model Charger Option 1 $37,873.00 5.02 Civil Package - Police Model Police Model Charger Option 2 NB 5.02 Civil Package - Police Model Police Model Charger Option 3 NB Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 14 Georgia Registry: 251 Total packages submitted: 1 Total Non-Compliant: 0 VEHICLE/OPTIONS REQUIRED Page 1 of 4 OFFICIAL Bid Opening Item #22-289 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Thursday, September 29, 2022 @ 11:00 a.m. VENDORS Thomson Motor Center 2158 Washington Road NE P.O. Box 847 Thomson, GA 30824 Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 14 Georgia Registry: 251 Total packages submitted: 1 Total Non-Compliant: 0 5.03 Marshal Package - Police Model Charger Option 1 $40,946.00 5.03 Marshal Package - Police Model Police Model Charger Option 2 NB 5.03 Marshal Package - Police Model Police Model Charger Option 3 NB 5.04 Patrol Package V8 - Police Model Charger Option 1 $44,117.00 5.04 Patrol Package V8 - Police Model Police Model Charger Option 2 NB 5.04 Patrol Package V8 - Police Model Police Model Charger Option 3 NB 5.05 Traffic Package V8 - Police Model Charger Option 1 $44,507.00 5.05 Traffic Package V8 - Police Model Police Model Charger Option 2 NB 5.05 Traffic Package V8 - Police Model Police Model Charger Option 3 NB Page 2 of 4 OFFICIAL Bid Opening Item #22-289 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Thursday, September 29, 2022 @ 11:00 a.m. VENDORS Thomson Motor Center 2158 Washington Road NE P.O. Box 847 Thomson, GA 30824 Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 14 Georgia Registry: 251 Total packages submitted: 1 Total Non-Compliant: 0 5.06 Patrol Package V6 - Police Model Charger Option 1 $43,565.00 5.06 Patrol Package V6 - Police Model Police Model Charger Option 2 NB 5.06 Patrol Package V6 - Police Model Police Model Charger Option 3 NB 5.07 Traffic Package V6 - Police Model Charger Option 1 $43,955.00 5.07 Traffic Package V6 - Police Model Police Model Charger Option 2 NB 5.07 Traffic Package V6 - Police Model Police Model Charger Option 3 NB 5.08 Narcotics Package - Police Model Charger Option 1 $38,948.00 5.08 Narcotics Package - Police Model Police Model Charger Option 2 NB 5.08 Narcotics - Police Model Police Model Charger Option 3 NB 6.00 OPTIONAL ITEMS Page 3 of 4 OFFICIAL Bid Opening Item #22-289 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Thursday, September 29, 2022 @ 11:00 a.m. VENDORS Thomson Motor Center 2158 Washington Road NE P.O. Box 847 Thomson, GA 30824 Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 14 Georgia Registry: 251 Total packages submitted: 1 Total Non-Compliant: 0 6.01 Pit Bar Option 1 $1,505.00 6.01 Pit Bar Option 2 NB 6.01 Pit Bar Option 3 NB Delivery Schedule 4-6 months from order Exceptions Please see exceptions noted by vendor. Page 4 of 4 Commission Meeting Agenda 12/6/2022 2:00 PM 2022 - Public Safety Chargers ITB 22-289 Department:Central Services Department:Central Services Caption:Motion to approve the purchase of 30 Dodge Police Charger, bid #22-289 at a total cost of $1,268,357 from Thomson Motor Center for the Richmond County Sheriff’s Office and Marshal’s Office. (Approved by Administrative Services Committee November 29, 2022) Background:The Richmond County Sheriff’s Office is requesting to purchase 27 Dodge Police Chargers for the following Divisions: · (20) Road Patrol vehicles · (2) Traffic vehicles · (4) Administrative vehicles · (1) Civil vehicles The Richmond County Marshal’s Office is requesting to purchase three Dodge Police Chargers. · (3) Marshal vehicles Fleet Management was informed that the Dodge Police Charger would have a short order period due to discontinued model. To ensure the purchase is secured by Augusta Richmond County, Procurement drafted a “Letter of Intent to Purchase” at the request of Central Services - Fleet Management Division. With the current marketing conditions, there is a possibility Dodge manufacture can choose to not fulfil all orders due to low supply and high demand; however, the letter of intent will prioritize the cars and guarantee pricing for Augusta Richmond County. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the purchase. Fleet Management has provided a list of qualified replacement vehicles according to the Fleet Management Operations, Maintenance and Replacement Policy stating any public safety vehicles over 125k are eligible for replacement. Fleet Management recommends replacement of totaled or mechanically disposed vehicles before the vehicles over 125k to help avoid vehicle shortage within the various departments. Fleet has identified 23 out of 30 totaled or mechanically disposed vehicles that have been deemed needing replacement and the remaining seven replacements’ will be determined at the time of delivery depending upon various factors to include newly totaled, mechanically disposed vehicles or vehicles with mileage greater than 125k. Analysis:The Procurement Department published a competitive bid using the Demand Star application and Georgia Procurement Registry for 2023 Dodge Police Charger, bid #22-289. Thomson Motor Center was the only response received. The recommended is to award the item to Thomson Motor Center. Bid tab sheets are attached for review with the following package options: • 1 – Civil Package at $37,873 • 2 – Traffic Package V8 at $44,507/each = $89,014 • 3 – Marshal Package at $40,946/each = $122,838 • 4 – Administrative Package at $36,833/each = $147,332 • 20 – Patrol Package V6 at $43,565/each = $871,300 Financial Impact:Funding in the amount of $1,268,357 is available in the following accounts: • 330031310/222039002/54.22110 $868,253 (RCSO) • 330031310/222039004/54.22110 $38,552.00 (Marshal) • 330031310/222039007/54.22110 $339,460.00 (Replacement Vehicles) • 101-02-2611/1228118 $22,092.00 (Marshal Forfeiture Funds) Alternatives:(1) Approve (2) Do not approve Recommendation:Motion to approve the purchase of 30 Dodge Police Charger Police, bid #22-289 at a total cost of $1,268,357 from Thomson Motor Center for the Richmond County Sheriff’s Office and Marshal’s Office. Funds are Available in the Following Accounts: Funding in the amount of $1,268,357 is available in the following accounts: • 330031310/222039002/54.22110 $868,253 (RCSO) • 330031310/222039004/54.22110 $38,552.00 (Marshal) • 330031310/222039007/54.22110 $339,460.00 (Replacement Vehicles) • 101-02-2611/1228118 $22,092.00 (Marshal Forfeiture Funds) REVIEWED AND APPROVED BY: ADP SmartCompliance@ Proposal FINANCIAL DETAILS: Augusta-Richmond County Client agrees that there maybe an additional charge for processing any corrected ACA Reporting Forms, provided such correction is not directly related to an ADP error or omission. Billing.for Health Compliance will begln on the date Heath Compliance is available for use by CLIENT. The billingcount is based on all lives in the database that are marked as elther Active or Leave. Promotion: One month free (month 2). Deal must be closed by November L7, ZO22 to qualify. m Always Designing for People' O ADP CONFIDENTIAL & PROPRIETARYADP, the ADP logo, ADP Smartcompliance and Always Desagning for People are trademarks ot ADP, lnc. Copyrighto 2019 ADP, lnc. All rights reserved. -AcAlRSForms1094-C/1095.cfurnishingtoemployees(Forms1o95-c)ano 1 094-C1 095-C); postage 2017-2019 IRS Transmission 2022 IRS Transmission + Forms Nor€mbor 7, An2 Augutt.fik$mond County 530 Gocrp St, Rm 601 Augusra, GA 8090i*a480 DearAnltr Roolad: :::.iliH r:J' "ffi :hffi ;TJf#, Hffi :ffi.#;rdn ..ilccs to &Eus,r {.hmon cou ntylsvlal {rccm€flt or vL rn em.ndm,ir,^; --:_:-_ lFebruaryr,zoaa1**";;,ffiff"*,nrurx#xm#;ftift*Hfffi,trff ;ffi1T,Infi3::ff,ffiffi; * ,;;; ;;..rv rmpromo,bron scr up lrMcor .! ,sbr, rn rh€ prrdns ..rccd ror ffiprocauing $rvices or scc.ss lo rollwarc rrat tr ttccril fom eOp. cllent agrccs to pey Aop 't thc p'ldng t't,onh bcow in accod.rce wrth ADpt rhndent uilhg procodurst (o, luch othcr r.bsa',d Foced,"o6 as ral brlh h thc Agrcoman') t *r.r, ,"ndsrc.r .rd rcrsm.bra t a*r .nprn. hqfied undcr rhb Lor. suchprlclng b @nd,tbn.t upon ctianfs cxeqruon or "n eg;;.r,t. prymonl shll b€ due g0 dayr f?om inyolcs drt .rhis Lol may b! lcrmlnstod by etthcr pao on ro dsys prror wdtten noricc to rhc othor parry.Nottnhlt8t.oiry rryhhg to the cont'ry horrn, * iJ",r"nt O ca,,", paily b'mhan, hb LOt br any rcason or ([) prrtcs ar.unaue to rcach good fanh alrccm€il wtn, ,.tpcd to the Agreemcnt by tho dab set brfi abovo, a, lbcr and €xp.nser br ,"Mcecp'ov{ded prior to thc dab of tetmlndon rhall 0"""r* rrrncdratdy du€ snd ,.ri,". sucrr 6m9unts smr oe cahuterctr bymdUpMrE the edurt houn incurgd by ADp (prior to tormlmtion) by S9i.(X) p* ni* UL .ctuat rxpenses hcurad.firr"i:iiffiffiH:"T#ffit-"lltir#"Ltg#,ng,p mecopvtoJonrthrn Frnr arron rhan.r,*@edp.com. SirE€rsly, ADP, lnc. Jonethan Flnk Coryoratc SCer Manager, Complianoc Solullons ,mathen.frnI@adp.com ADP Proprierary and Conflderttial AUgusts-Richmond courrty 03^2022-147341_ 6 AccEprED ArD AGREED ,o, 0F Cliont: By: Mnu: Ti0e: Dab: Page 1 of 2 Financial Details Service and Fee Schedule Augusta-Richmond County FINANCIAL DETAILS Billing for Health compliance will begin on the date Heath compliance is available for use by cllENT. The billingcount is based on all lives in the database that are marked as either Active or Leave. Client agrees that there maybe an additional_charge for processing any corrected ACA Reporting Forms, providedsuch correction is not direcfly related to an ADp eiror or omission. Promotion: one month free (month 2). Deal must be closed by November 16,2022, to qualifo. Client shall pay ADP for the above services based on Client's actual quantities or usage. No Additional Pricing lnformatiorr Follows ADP Proprietary and Conficlenlial Augusta-Richmond County 03-2AZZ-.147341- I -ACA IRS Forms 1094-C/109S-C 1 094-C1 095-C); postage to employees (Forms 1 transmission to IRS (Forms 2017,2018,2019 Page 2 of 2 Commission Meeting Agenda 12/6/2022 2:00 PM Affordable Cares Act Compliance Mandates Department:HR Department Department:HR Department Caption:Motion to approve the Human Resources Department to enter into a third- party agreement for the Affordable Cares Act (ACA) Compliance requirements. (Approved by Administrative Services Committee November 29, 2022) Background:Augusta is a self-funded health insurance employer. Accordingly, Augusta is required to maintain compliance for the Affordable Cares Act. Under the ACA's employer mandate, employers that decide to offer affordable essential health coverage to full-time employees must do so for all employees who are regularly scheduled to work an average of 30 or more hours per week and for their dependents up to the end of the month in which they turn age 26 or be subject to penalties. In doing so, H.R. is requesting approval to enter into a Contractual Agreement with ADP as a Sole Source provider. As Augusta is a self-funded health insurance employer, this third-party agreement will provide Augusta with the resources to properly train staff on regulatory compliance requirements. Analysis:ADP offers smart compliance for ACA which will streamline workflows and reduce IT cost; reduce the risk of non-compliance issues; identify and resolve ACA compliance issues each month-long well before IRS reporting is required. A third-party agreement with ADP is recommended as they offer the required services needed for Augusta for implementation, integration, software, and training to assist Augusta with current and future, full compliance; it is essential for Augusta to move forward with initiating implementation and integration of the proper software. Financial Impact:The total cost is $50,700.00. This Proposal covers Compliance and Transmission for 2022 and 2023 data as well as assistance to resolve outstanding issues with prior year transmissions. Alternatives:Not recommended -to continue to process in-house placing Augusta at risk for non-compliance. Recommendation:Approve entering an agreement with ADP. As a third party provided of ACA compliance services, ADP is equipped with subject matter expertise and an established methodology to assure client compliance. Should the Commission approve the Human Resources Department to move forward with an Agreement today, prior to signing the Agreement with ADP, it is requested the Augusta Law Department review and approve the Agreement before final signature. Funds are Available in the Following Accounts: To be determined by the Finance Department. REVIEWED AND APPROVED BY: Augusta Housing & Community Development Department 1409 Maple Street Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And HONNÊTE HABITATS, LLC in the amount of $200,119.04 USD Two Hundred Thousand One Hundred Nineteen Dollars and 04/100 for Fiscal Year 2022 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1409 Maple Street THIS AGREEMENT (“Contract”), is made and entered into as of the ___ day of 2022 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and HONNÊTE HABITATS, LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "HONNÊTE HABITATS, LLC.” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, HONNÊTE HABITATS, LLC., a procured developer and contractor with HCD wishes to increase homeownership opportunities and preserve and increase the supply of workforce/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with HONNÊTE HABITATS, LLC. for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, HONNÊTE HABITATS, LLC. has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1409 Maple Street Contract Page 2 WHEREAS, HONNÊTE HABITATS, LLC. has agreed to provide services funded through this contract free from political activities, religious influences, or requirements; and WHEREAS, HONNÊTE HABITATS, LLC. has requested, and Augusta has approved a total of $200,119.04 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: HONNÊTE HABITATS, LLC. agrees to utilize approved Laney Walker/Bethlehem Bond financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. Under this Agreement: • HONNÊTE HABITATS, LLC. will perform new construction for one (1) single family detached home identified as property number 1409 Maple Street. • HONNÊTE HABITATS, LLC. will perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta. • HONNÊTE HABITATS, LLC. will perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. HONNÊTE HABITATS, LLC. is to provide a finish schedule with the specifications, brands, and model numbers for all interior finishes 90 days from completion for agreement by HCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond funds shall be used by HONNÊTE HABITATS, LLC. for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $200,119.04 1. Profit An amount not to exceed percent (100%) of the construction cost as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to HONNÊTE HABITATS, LLC. for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1409 Maple Street. The design and specifications of the property shall be approved by HCD prior to construction (see Appendix). HCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1409 Maple Street. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 3 2. Developers Fee N/A 3. Developer’s Fee Disbursement Developer’s Fee shall be dispensed when construction is 100% completed and certificate of occupancy is received. Co-Developer’s Fee is dispensed upon sale of the home and should not exceed amount of (16%). C. Program Location and Specific Goals to be Achieved HONNÊTE HABITATS, LLC. shall conduct project development activities and related services in its project area Laney Walker/Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by HONNÊTE HABITATS, LLC. will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, HONNÊTE HABITATS, LLC. shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT HONNÊTE HABITATS, LLC. will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of HCD. In addition, and upon approval by Augusta, HONNÊTE HABITATS, LLC. may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make funds available in the following manner: 1. Augusta agrees to pay HONNÊTE HABITATS, LLC., a maximum of $200,119.04 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to HONNÊTE HABITATS, LLC.’s compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement; 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted amount of $200,119.04 and shall be on a pay for performance basis provided HONNÊTE HABITATS, LLC. and HCD determine the progress is satisfactory. HONNÊTE HABITATS, LLC. shall utilize the AIA Form provided by HCD (see Appendix). For invoicing, HONNÊTE Augusta Housing & Community Development Department 1409 Maple Street Contract Page 4 HABITATS, LLC. will include documentation showing proof of completion of work in accordance with the amount requested, inspected, and accepted by HCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 3. HCD will monitor the progress of the project and HONNÊTE HABITATS, LLC.’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 4. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. HONNÊTE HABITATS, LLC. and HCD shall share in the cost and proceeds of developing the residence at 1409 Maple Street as follows: 5. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any HONNÊTE HABITATS, LLC. deemed satisfactorily progress made within the contracted construction only amount not to exceed fifty percent (100%) shall be paid to HONNÊTE HABITATS, LLC. 7. HCD will retain ten percent (10%) of an amount within the one hundred percent (100%) of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until HONNÊTE HABITATS, LLC. and HCD determine that all HCD punch-list items have been satisfied. B. Project Financing The Augusta Housing and Community Development will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by HONNÊTE HABITATS, LLC. for construction costs related to the development of one single family detached home identified as 1409 Maple Street. Additionally, HCD will provide 100% of all change orders (where applicable) as approved by HCD and HONNÊTE HABITATS, LLC. in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities HONNÊTE HABITATS, LLC. shall be permitted to commence with the expenditure of Laney Walker Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 120 days of said home identified as 1409 Maple Street. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 5 Liquidated Damages HONNÊTE HABITATS, LLC. agrees to pay as liquidated damages to HCD the sum of two hundred dollars ($200.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of HONNÊTE HABITATS, LLC. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of HONNÊTE HABITATS, LLC. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses HONNÊTE HABITATS, LLC. is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work or delaying of the work to be performed by HONNÊTE HABITATS, LLC. under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage-based costs related to the development of one single family detached home identified as 1409 Maple Street as part of the Laney Walker/Bethlehem Revitalization Project. HCD will have the latitude to pay such costs directly to the procured construction contractor. HONNÊTE HABITATS, LLC. shall be paid a total consideration of no more than $200,119.04 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of HCD. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta unless otherwise agreed to by Augusta and HONNÊTE HABITATS, LLC. Augusta shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT Augusta Housing & Community Development Department 1409 Maple Street Contract Page 6 The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and HONNÊTE HABITATS, LLC. (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE VII: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall HCD provide advance funding to HONNÊTE HABITATS, LLC., or any subcontractor hereunder. B. HONNÊTE HABITATS, LLC. shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to HONNÊTE HABITATS, LLC.’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by HONNÊTE HABITATS, LLC. for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. HONNÊTE HABITATS, LLC. shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by HONNÊTE HABITATS, LLC. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single-family home at 1409 Maple Street, HCD is to provide HONNÊTE HABITATS, LLC. with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest HONNÊTE HABITATS, LLC. agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of HONNÊTE HABITATS, LLC. No person described above who exercises, may exercise or has exercised any functions or responsibilities Augusta Housing & Community Development Department 1409 Maple Street Contract Page 7 with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. HONNÊTE HABITATS, LLC. in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by HONNÊTE HABITATS, LLC. In such instances, HONNÊTE HABITATS, LLC. shall consult with HCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and HONNÊTE HABITATS, LLC. Statutes, regulations, guidelines, and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. HONNÊTE HABITATS, LLC. agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in HONNÊTE HABITATS, LLC. publications and/or advertisements. (24 CFR 570.601). B. HONNÊTE HABITATS, LLC. agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. HONNÊTE HABITATS, LLC. agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. HONNÊTE HABITATS, LLC. agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta Housing & Community Development Department 1409 Maple Street Contract Page 8 Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by HCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), HONNÊTE HABITATS, LLC. agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. HONNÊTE HABITATS, LLC. agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. HONNÊTE HABITATS, LLC. agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin. HONNÊTE HABITATS, LLC. will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or familial status. I. HONNÊTE HABITATS, LLC. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. HONNÊTE HABITATS, LLC. will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. HONNÊTE HABITATS, LLC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause J. In accordance with Section 570.608 of the CDBG Regulations, HONNÊTE HABITATS, LLC. agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. HONNÊTE HABITATS, LLC. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension, or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by HCD. L. In accordance with 24 CFR part 24, subpart F, HONNÊTE HABITATS, LLC. agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or Augusta Housing & Community Development Department 1409 Maple Street Contract Page 9 distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by HONNÊTE HABITATS, LLC. for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of HCD in making the project possible. The words “Augusta, Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. HONNÊTE HABITATS, LLC. shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. HONNÊTE HABITATS, LLC. agrees to obtain all necessary permits for intended improvements or activities. O. HONNÊTE HABITATS, LLC. shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. P. HONNÊTE HABITATS, LLC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HCD, setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. HONNÊTE HABITATS, LLC. agrees to comply with any federally mandated requirements as to minority and women owned business enterprises. Q. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia, the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to HCD at the time the subcontractors are retained to perform such physical services. R. HONNÊTE HABITATS, LLC. agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons Augusta Housing & Community Development Department 1409 Maple Street Contract Page 10 residing in Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta, Georgia- Richmond County area is not desirable. S. HONNÊTE HABITATS, LLC. agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. T. HONNÊTE HABITATS, LLC. will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. HONNÊTE HABITATS, LLC. will not discriminate against any person applying for shelter on the basis of religion. HONNÊTE HABITATS, LLC. will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. U. Indirect costs will only be paid if HONNÊTE HABITATS, LLC. has indirect cost allocation plan approved by the Augusta Housing and Community Development prior to the execution of this Contract. V. HCD shall not approve any travel or travel related expenses to HONNÊTE HABITATS, LLC. with funds provided under this. W. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta, Georgia, as applicable. HONNÊTE HABITATS, LLC. is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fees. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of HONNÊTE HABITATS, LLC. or any subcontractor of HONNÊTE HABITATS, LLC. or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta Housing & Community Development Department ARTICLE VII. SUSPENSION AND TERMINATION A. In the event HONNÊTE HABITATS, LLC. materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta, Georgia may withhold cash payments until HONNÊTE HABITATS, LLC. cures any breach of the Agreement. If HONNÊTE HABITATS, LLC. fails to cure the breach, Augusta may suspend or terminate the current award of funds. HONNÊTE HABITATS, LLC. will not be eligible to receive any other funding. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 11 B. Damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, HCD may withhold any payments to HONNÊTE HABITATS, LLC. for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay HONNÊTE HABITATS, LLC. for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, HONNÊTE HABITATS, LLC. shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HCD funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by HONNÊTE HABITATS, LLC. under this contract. ARTICLE VIII. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Takiyah Douse, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 HONNÊTE HABITATS, LLC. will receive all notices at the address indicated below: HONNÊTE HABITATS, LLC. ATTN: Brea Elles 10001 NW 7th Street #829 Miami, FL 33136 Augusta Housing & Community Development Department 1409 Maple Street Contract Page 12 ARTICLE IX. INDEMNIFICATION HONNÊTE HABITATS, LLC. will at all times hereafter indemnify and hold harmless Augusta, its officers, agents, and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation, or property, by virtue of the performance of this Agreement. By execution of this Agreement, HONNÊTE HABITATS, LLC. specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors, and assigns, all jointly and severally under the terms of this Agreement. ARTICLE X. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. HCD is not obligated to provide funding of any kind to HONNÊTE HABITATS, LLC. beyond the term of this Agreement. HONNÊTE HABITATS, LLC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by HONNÊTE HABITATS, LLC. for the purpose of securing business and that HONNÊTE HABITATS, LLC. has not received any non-Augusta fee related to this Agreement without the prior written consent of HCD. For breach or violation of this warranty, HCD shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XII. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, Augusta Housing & Community Development Department 1409 Maple Street Contract Page 13 if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XIII. COUNTERPARTS This Agreement is executed in two (2) counterparts– each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. ARTICLE XIV. INSURANCE The DEVELOPER/CONTRACTOR shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form by (please initial here): Augusta, GA Law Department Date: ____________________ By: __________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Takiyah Douse, as its Interim City Administrator Date: _____________________ By: _________________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: HONNÊTE HABITATS, LLC. By: _________________________ Owner Date: _______________________ Augusta Housing & Community Development Department 1409 Maple Street Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1409 Maple Street Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1409 Maple Street Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta, Georgia- Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1409 Maple Street Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. All work shall be in compliance with the International Building Code current edition of National Electric Code, International Plumbing and Mechanical Code, and ADA 2010 Guidelines. B. Georgia Energy Code International Energy Conservation Code (IECC-2015). C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). E. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. F. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to HCD for review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors or HCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Antioch Ministries, Inc. -Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the HCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an HCD Construction and Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT CAPITALRISE, LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, CAPITALRISE, LLC is deemed to possess knowledge concerning HCD ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to HCD under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that CAPITALRISE, LLC. may be precluded from recovering payment for such unauthorized goods or services. Accordingly, CAPITALRISE, LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if CAPITALRISE, LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by CAPITALRISE, LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia (Laney Walker/Bethlehem Revitalization Project), and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Name CAPITALRISE, LLC Augusta Housing & Community Development Department 1409 Maple Street Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION HONNÊTE HABITATS, LLC. MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A- WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1409 Maple Street Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. HCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to HONNÊTE HABITATS, LLC. in accordance with the attached drawdown schedule and budget. 2. HCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the project. 3. With HCD approval, HONNÊTE HABITATS, LLC. may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, HCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies HCD and HONNÊTE HABITATS, LLC. in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, HCD shall extend the contract time by a period commensurate with the period of authorized delay to the Augusta Housing & Community Development Department 1409 Maple Street Contract Page 23 completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. HONNÊTE HABITATS, LLC. will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. HONNÊTE HABITATS, LLC. must make sure contractors obtain and post all permits on job site. c. HONNÊTE HABITATS, LLC. must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. HCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by HCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta, GA requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by HCD. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 24 Commission Meeting Agenda 12/6/2022 2:00 PM HCD_ Laney Walker/Bethlehem new construction of one (1) single family home approval request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1409 Maple Street, within Laney Walker/Bethlehem.(Approved by Administrative Services Committee November 29, 2022) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves the new construction of one (1) single family home identified as 1409 Maple Street, within Laney Walker/Bethlehem. Address Budget Project Type 1409 Maple Street $200,119.04 New Construction Augusta, GA 30901 Analysis:The approval of the contract will allow for development activities on this site to begin. Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization funding. Contract Amount 1409 Maple Street - $200,119.04 Alternatives:Deny HCDs Request Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1409 Maple Street, within Laney Walker/Bethlehem. Funds are Available in the Following Accounts: Funding: Laney Walker/Bethlehem Revitalization funding GL Code: 298- 07-7343-5413150 REVIEWED AND APPROVED BY: Augusta Housing & Community Development Department 1465 Brown Street Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And CAPITALRISE, LLC in the amount of $106,000 USD One Hundred and Six Thousand and 00/100 for Fiscal Year 2022 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1465 Brown Street THIS AGREEMENT (“Contract”), is made and entered into as of the ___ day of 2022 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and CAPITALRISE, LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "CAPITALRISE, LLC” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, CAPITALRISE, LLC, a procured developer and contractor with HCD wishes to increase homeownership opportunities and preserve and increase the supply of workforce/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with CAPITALRISE, LLC for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, CAPITALRISE, LLC has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1465 Brown Street Contract Page 2 WHEREAS, CAPITALRISE, LLC has agreed to provide services funded through this contract free from political activities, religious influences, or requirements; and WHEREAS, CAPITALRISE, LLC has requested, and Augusta has approved a total of $212,000 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: CAPTITALRISE, LLC agrees to utilize approved Laney Walker/Bethlehem Bond financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. CAPTITALRISE, LLC agrees to match Laney Walker/Bethlehem Bond funds 50% of total construction cost. Under this Agreement: • CAPTITALRISE, LLC will perform new construction for one (1) single family detached home identified as property number 1465 Brown Street. • CAPTITALRISE, LLC will perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta. • CAPTITALRISE, LLC will perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. CAPTITALRISE, LLC is to provide a finish schedule with the specifications, brands, and model numbers for all interior finishes 90 days from completion for agreement by HCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond funds shall be used by CAPITALRISE, LLC for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $106,000 1. Profit An amount not to exceed percent (50%) of the construction cost as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to CAPITALRISE, LLC for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1465 Brown Street. The design and specifications of the property shall be approved by HCD prior to construction (see Appendix). HCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1465 Brown Street. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 3 2. Developer’s Fee Disbursements Developer’s Fee shall be dispensed when construction is 100% completed and certificate of occupancy is received. Developer’s Fee is dispensed upon sale of the home at a rate of sixteen percent (16%). C. Program Location and Specific Goals to be Achieved CAPITALRISE, LLC shall conduct project development activities and related services in its project area Laney Walker/Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by CAPITALRISE, LLC will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, CAPITALRISE, LLC shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT CAPITALRISE, LLC will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of HCD. In addition, and upon approval by Augusta, CAPITALRISE, LLC may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make funds available in the following manner: 1. Augusta agrees to pay CAPITALRISE, LLC, a maximum of $212,000 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to CAPITALRISE, LLC’s compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement; 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted amount of $212,000 and shall be on a pay for performance basis provided CAPITALRISE, LLC and HCD determine the progress is satisfactory. CAPITALRISE, LLC shall utilize the AIA Form provided by HCD (see Appendix). For invoicing, CAPITALRISE, LLC will include documentation showing proof of completion of work in accordance with the amount requested, inspected, and accepted by HCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 3. When nearing 50%, the developer, CAPITALRISE, LLC, should be prepared to pay 50%: $106,000. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 4 4. HCD will monitor the progress of the project and CAPITALRISE, LLC’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 5. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. CAPITALRISE, LLC and HCD shall share in the cost and proceeds of developing the residence at 1465 Brown Street as follows: 6. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 7. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any CAPITALRISE, LLC deemed satisfactorily progress made within the contracted construction only amount not to exceed fifty percent (50%) shall be paid to CAPITALRISE, LLC. 8. HCD will retain ten percent (5%) of an amount within the one hundred percent (100%) of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until CAPITALRISE, LLC and HCD determine that all HCD punch-list items have been satisfied. B. Project Financing The Augusta Housing and Community Development will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by CAPITALRISE, LLC for construction costs related to the development of one single family detached home identified as 1465 Brown Street. Additionally, HCD will provide 100% of all change orders (where applicable) as approved by HCD and CAPITALRISE, LLC in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities CAPITALRISE, LLC shall be permitted to commence with the expenditure of Laney Walker Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 120 days of said home identified as 1465 Brown Street. Liquidated Damages CAPITALRISE, LLC agrees to pay as liquidated damages to HCD the sum of two hundred dollars ($200.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of CAPITALRISE, LLC. The Augusta Housing & Community Development Department 1465 Brown Street Contract Page 5 parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of CAPITALRISE, LLC. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses CAPITALRISE, LLC is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work or delaying of the work to be performed by CAPITALRISE, LLC under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage-based costs related to the development of one single family detached home identified as 1465 Brown Street as part of the Laney Walker/Bethlehem Revitalization Project. HCD will have the latitude to pay such costs directly to the procured construction contractor. CAPITALRISE, LLC shall be paid a total consideration of no more than $106,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of HCD. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta unless otherwise agreed to by Augusta and CAPITALRISE, LLC. Augusta shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and CAPITALRISE, LLC (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE VII: Suspension and Termination. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 6 ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall HCD provide advance funding to CAPITALRISE, LLC, or any subcontractor hereunder. B. CAPITALRISE, LLC shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to CAPITALRISE, LLC’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by CAPITALRISE, LLC for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. CAPITALRISE, LLC shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by CAPITALRISE, LLC. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single-family home at 1465 Brown Street, HCD is to provide CAPITALRISE, LLC with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest CAPITALRISE, LLC agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of CAPITALRISE, LLC. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Augusta Housing & Community Development Department 1465 Brown Street Contract Page 7 Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. CAPITALRISE, LLC in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by CAPITALRISE, LLC. In such instances, CAPITALRISE, LLC shall consult with HCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and CAPITALRISE, LLC. Statutes, regulations, guidelines, and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. CAPITALRISE, LLC agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in CAPITALRISE, LLC publications and/or advertisements. (24 CFR 570.601). B. CAPITALRISE, LLC agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. CAPITALRISE, LLC agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. CAPITALRISE, LLC agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by HCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), CAPITALRISE, LLC agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the Augusta Housing & Community Development Department 1465 Brown Street Contract Page 8 community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. CAPITALRISE, LLC agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. CAPITALRISE, LLC agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin. CAPITALRISE, LLC will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or familial status. I. CAPITALRISE, LLC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. CAPITALRISE, LLC will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CAPITALRISE, LLC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. J. In accordance with Section 570.608 of the CDBG Regulations, CAPITALRISE, LLC agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. CAPITALRISE, LLC agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension, or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by HCD. L. In accordance with 24 CFR part 24, subpart F, CAPITALRISE, LLC agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by CAPITALRISE, LLC for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of HCD in making the project possible. The words “Augusta, Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. CAPITALRISE, LLC shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private Augusta Housing & Community Development Department 1465 Brown Street Contract Page 9 property in performing any of the work embraced by this contract. CAPITALRISE, LLC agrees to obtain all necessary permits for intended improvements or activities. O. CAPITALRISE, LLC shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. P. CAPITALRISE, LLC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HCD, setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. CAPITALRISE, LLC agrees to comply with any federally mandated requirements as to minority and women owned business enterprises. Q. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia, the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to HCD at the time the subcontractors are retained to perform such physical services. R. CAPITALRISE, LLC agrees that low and moderate income persons reside within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta, Georgia- Richmond County area is not desirable. S. CAPITALRISE, LLC agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. T. CAPITALRISE, LLC will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. CAPITALRISE, LLC will not discriminate against any person applying for shelter on the Augusta Housing & Community Development Department 1465 Brown Street Contract Page 10 basis of religion. CAPITALRISE, LLC will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. U. Indirect costs will only be paid if CAPITALRISE, LLC has indirect cost allocation plan approved by the Augusta Housing and Community Development prior to the execution of this Contract. V. HCD shall not approve any travel or travel related expenses to CAPITALRISE, LLC with funds provided under this. W. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta, Georgia, as applicable. CAPITALRISE, LLC is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fees. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CAPITALRISE, LLC or any subcontractor of CAPITALRISE, LLC or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta Housing & Community Development Department ARTICLE VII. SUSPENSION AND TERMINATION A. In the event CAPITALRISE, LLC materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta, Georgia may withhold cash payments until CAPITALRISE, LLC cures any breach of the Agreement. If CAPITALRISE, LLC fails to cure the breach, Augusta may suspend or terminate the current award of funds. CAPITALRISE, LLC will not be eligible to receive any other funding. B. Damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, HCD may withhold any payments to CAPITALRISE, LLC for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay CAPITALRISE, LLC for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, CAPITALRISE, LLC shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HCD funds previously disbursed or income derived therefrom. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 11 E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by CAPITALRISE, LLC under this contract. ARTICLE VIII. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Takiyah Douse, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 CAPITALRISE, LLC will receive all notices at the address indicated below: CAPITALRISE, LLC ATTN: Peter Tuchyna and Frank Klimes 2924 Aylesbury Drive Augusta, GA 30909 ARTICLE IX. INDEMNIFICATION CAPITALRISE, LLC will at all times hereafter indemnify and hold harmless Augusta, its officers, agents, and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation, or property, by virtue of the performance of this Agreement. By execution of this Agreement, CAPITALRISE, LLC specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors, and assigns, all jointly and severally under the terms of this Agreement. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 12 ARTICLE X. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. HCD is not obligated to provide funding of any kind to CAPITALRISE, LLC beyond the term of this Agreement. CAPITALRISE, LLC warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CAPITALRISE, LLC for the purpose of securing business and that CAPITALRISE, LLC has not received any non-Augusta fee related to this Agreement without the prior written consent of HCD. For breach or violation of this warranty, HCD shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XII. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XIII. COUNTERPARTS This Agreement is executed in two (2) counterparts– each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. ARTICLE XIV. INSURANCE The DEVELOPER/CONTRACTOR shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 13 C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form by (please initial here): Augusta, GA Law Department Date: ____________________ By: __________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Takiyah Douse, Interim City Administrator Date: _____________________ By: _________________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: CAPITALRISE, LLC By: _________________________ Owner _________________________ Owner Date: _______________________ Augusta Housing & Community Development Department 1465 Brown Street Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1465 Brown Street Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1465 Brown Street Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta, Georgia- Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1465 Brown Street Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. All work shall be in compliance with the International Building Code current edition of National Electric Code, International Plumbing and Mechanical Code, and ADA 2010 Guidelines. B. Georgia Energy Code International Energy Conservation Code (IECC-2015). C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). E. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. F. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to HCD for review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors or HCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Antioch Ministries, Inc. -Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the HCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an HCD Construction and Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT CAPITALRISE, LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, CAPITALRISE, LLC is deemed to possess knowledge concerning HCD ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to HCD under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that CAPITALRISE, LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, CAPITALRISE, LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if CAPITALRISE, LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by CAPITALRISE, LLC. CAPITALRISE, LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia (Laney Walker/Bethlehem Revitalization Project), and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Name CAPITALRISE, LLC, Owner Augusta Housing & Community Development Department 1465 Brown Street Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION CAPITALRISE, LLC MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A- WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1465 Brown Street Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. HCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to CAPITALRISE, LLC in accordance with the attached drawdown schedule and budget. 2. HCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the project. 3. With HCD approval, CAPITALRISE, LLC may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, HCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies HCD and CAPITALRISE, LLC in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, HCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements Augusta Housing & Community Development Department 1465 Brown Street Contract Page 23 a. CAPITALRISE, LLC will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. CAPITALRISE, LLC must make sure contractors obtain and post all permits on job site. c. CAPITALRISE, LLC must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. HCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by HCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta, GA requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by HCD. Commission Meeting Agenda 12/6/2022 2:00 PM HCD_ Laney Walker/Bethlehem new construction of one (1) single family home approval request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1465 Brown Street, within Laney Walker/Bethlehem.(Approved by Administrative Services Committee November 29, 2022) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves the new construction of one (1) single family home identified as 1465 Brown Street, within Laney Walker/Bethlehem. Address Budget Project Type 1465 Brown Street $106,000 New Construction Augusta, GA 30901 Analysis:The approval of the contract will allow for development activities on this site to begin. Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization funding. Contract Amount 1465 Brown Street - $106,000 Alternatives:Deny HCDs Request Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1465 Brown Street, within Laney Walker/Bethlehem. Funds are Available in the Following Accounts: Funding: Laney Walker/Bethlehem Revitalization funding GL Code: 298- 07-7343-5413150 REVIEWED AND APPROVED BY: Simtech Solutions Inc. - Propelling Innovative Ideas and Technologies Forward to Create a Better Future for All Page 1 of 3 I. QUALIFICATIONS Our earliest work with “the count” started in 2004 when we were tasked with providing planning, statistical research, and social research using data derived from the annual census for a few small communities in Massachusetts. This was well before mobile apps were a viable option and instead we had no choice but to use paper forms, clipboards, and tools such as Excel and Access to compile the results. Deciphering handwriting and understanding shorthand, is a major barrier to tabulating the results from a paper-based count. Volunteers often left off critical information that inevitably put the decision back on us whether to guess what the response was or leave it blank. Count volunteers would also occasionally wander beyond their designated count areas and accidentally count people that someone else already counted. And then, after every volunteer gets to go home, the count administrators are left with the painstaking process of trying to make sense of it all. Simtech was working with the Cities of Quincy and Brockton, MA in 2012 when we decided it was time to make the move to mobile tech. The US Department of Housing and Urban Development (HUD) recognized the viability of this early work by licensing the “Point in Time Counting Tool” app from Simtech and subsequently contracted with us to enhance it even further. The application was revised to meet the exact specifications furnished by fellow HUD Technical Assistance (TA) provider Abt Associates, peer reviewed by TA providers at both the American Institute for Research (AIR) and Cloudburst, and field tested in San Diego, Boston, and Los Angeles prior to being published in both the App Store and Google Play. Simtech has built upon this work with HUD through the release of the Counting Us mobile app and the Point in Time Regional Command Center that it is integrated with. Our tools are now helping regions in CA, CT, FL, GA, MA, NV, RI, SD, TX, and WA to automate their annual point in time counts. Texas BoS CoC and Houston also used the app in response to hurricane Harvey and Puerto Rico has voted to use it to aid their recovery efforts after hurricane Maria. Simtech continues to evolve our offerings to increase the impact of our work. Our connection with clients and their work, technical acumen, understanding of the ever-changing Federal requirements, and our passion for being part of the effort to help end homelessness are what differentiate Simtech Solutions from the rest. Simtech Solutions Inc. - Propelling Innovative Ideas and Technologies Forward to Create a Better Future for All Page 2 of 3 II. DESCRIPTION OF SERVICES Simtech Solutions’ offering has two components – the Counting Us mobile app and the Point in Time Regional Command Center. Key features are described below: Simtech Solutions is able to provide additional services on a time and materials basis. These services are tailored to each region’s needs and can include onsite training and support, mapping, statistical analysis, youth count support, and other services related to the count. Simtech Solutions Inc. - Propelling Innovative Ideas and Technologies Forward to Create a Better Future for All Page 3 of 3 III. REFERENCES All of our clients are referenceable. In fact, every region that used our services in 2017 has signed up to use them again for 2018. That said, if you would like to pick a state at random from the client list (currently CA, CT, FL, GA, MA, NV, RI, SD, TX, and WA) we would be happy to provide a contact from that state whom you can speak with. Or if you prefer, you can reach out to any of the clients listed below. Client: Connecticut Coalition to End Homelessness Region: Connecticut (statewide count) Contact: Jacqueline (Jackie) Janosko Title: Research Analyst Phone: 860-721-7876 x111 Email: jjanosko@cceh.org Client: Rhode Island Coalition for the Homeless Region: Rhode Island (statewide count) Contact: Eric Hirsch, PhD Title: Professor / Researcher/ Consultant Phone: 401-865-2510 Email: ehirsch@providence.edu Client: South Alamo Reginal Alliance for the Homeless (SARAH) Region: San Antonio / Bexar County, TX Contact: Luke Leppla Title: Coordinated Entry Program Manager Phone: 201-876-0720 Email: lukeleppla@sarahomeless.org Client: Houston Coalition for the Homeless Region: Houston, TX Contact: Ana Rausch Title: Senior Research Project Manager Phone: 713-739-7514 Email: arausch@homelesshouston.org Client: The Planning Council Region: Virginia (four CoCs) Contact: Rebecca (Becky) O’Meara Title: Community Planner Phone: 757-622-9268 x 3040 Email: romeara@theplanningcouncil.org Commission Meeting Agenda 12/6/2022 2:00 PM HCD_ SimTech Professional Services Agreement Approval Request Department:HCD Department:HCD Caption:Motion to approve execution of the Professional Services Agreement with the SimTech Solutions for use of the “Counting Us” mobile application for the January 2023 Point in Time Count (PIT Count). This service is necessary to meet Augusta’s obligations to Augusta’s Continuum of Care (CoC) / Emergency Solutions Grant (ESG) requirements set forth by the U.S. Department of Housing and Urban Development (HUD). (Approved by Administrative Services Committee November 29, 2022) Background:HCD is requesting approval to utilize the Counting Us mobile application from Simtech Solutions, Inc. in support of Augusta’s upcoming (January 2023) Point in Time Homeless Count. Included with this item are the supporting documentation provided by Simtech as to the product specifications and services, as well as a draft of their Professional Services Agreement. HCD is recommending continued use of the Counting Us mobile application from SimTech due to a lack of comparable product and service combinations identified in the market. Further, the Augusta Homeless Task Force, as Augusta’s designated Continuum of Care (CoC), have expressed desire to align our efforts with the State of Georgia, through the Georgia Department of Community Affairs (DCA) implementation of the same application, so as to allow for better integration with the statewide Information Database for homeless services (Homeless Management Information System or HMIS, known as Client Track by Eccovia Solutions). In support of services mandated under the Supportive Housing Program (SHP) Homeless Management Information System (HMIS) Grant from the U.S. Department of Housing and Urban Development (HUD), Augusta, GA is responsible for cost sharing in the statewide GA HMIS Implementation. As part of this statewide implementation, under the direction of the Georgia Department of Community Affairs (DCA), Augusta, GA is responsible for the portion of costs associated with collecting and reporting data related to the annual Point in Time Count. The annual Point in Time Count is the data source of HUD’s Annual Homeless Assessment Report to Congress, also known as the AHAR. All costs associated with this procurement are covered by a Federal Grant award from U.S. Department of Housing and Urban Development for the Supportive Housing Program (SHP). HMIS Lead staff at HCD will oversee the PIT Count reporting process, and as with all operations relative to compliance and/or system updates, Augusta’s CoC Administrator and related HCD staff will be kept aware of progress, completion and other status updates relevant to this process. The Augusta Homeless Task Force Street Outreach Committee Chair will serve as the Organizer for the 2023 Point in Time Count. Partnership between HTF Members and HCD staff will provide community member volunteer training for use of the mobile application in the weeks leading up to the Point in Time Count. Analysis:Approval of this Agreement will allow the City of Augusta and Homeless Task Force Partners and Volunteers to utilize the Counting Us mobile application from Simtech Solutions, Inc. in support of Augusta’s upcoming (January 2023) Point in Time Homeless Count. Financial Impact:All costs associated with this service are eligible uses of a Federal Grant award from U.S. Department of Housing and Urban Development for the Supportive Housing Program (SHP) under HUD’s annual CoC NOFO process. This grant is currently held by Augusta Housing and Community Development. It is for a one-year, non-renewable service to utilize the mobile application for the January homeless count. The contract amount will be for $5,500. This is a one-time and all-inclusive cost for this service and in the previous years of using this service (2019 , 2020 and 2022) Augusta has not had to engage the use of the any of the additional costs/fees listed in the agreement as a per hour charge, thus we anticipate the final invoice to not exceed the $5,500 amount. These costs are eligible and funding is available under Augusta’s SHP/HMIS Grant from HUD. Alternatives:Deny Motion to approve execution of the Professional Services Agreement with the SimTech Solutions for use of the “Counting Us” mobile application for the January 2023 Point in Time Count (PIT Count). Recommendation:Approve the Motion to approve execution of the Professional Services Agreement with the SimTech Solutions for use of the “Counting Us” mobile application for the January 2023 Point in Time Count (PIT Count). Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Continuum of Care (CoC) Supportive Housing Program (SHP) Grant. Org key: 221073215- 5211119 GL Code: 221073215-5211119 REVIEWED AND APPROVED BY: Augusta Housing & Community Development Department Contract Page 1 /CONTRACT between AUGUSTA, GEORGIA And Laney Walker Development Corporation in the amount of $14,500.00 USD Fourteen Thousand and Five Hundred Dollars and 00/100 for Fiscal Year 2022 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1327 Eleventh Street THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2022 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Augusta Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Laney Walker Development Corporation, a procured developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "LWDC” as party in the second part. In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions, which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with LWDC for the administration of eligible, affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and Augusta Housing & Community Development Department Contract Page 2 WHEREAS, LWDC is the approved developer through a solicitation process to assist in the revitalization of Laney Walker and Bethlehem communities improvements for 1327 Eleventh Street. WHEREAS, LWDC has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, LWDC has requested, and Augusta has approved a total of $14,500.00 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: LWDC agrees to utilize approved Laney Walker/Bethlehem Bond financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This activity involves providing architectural drawings for one (1) single-family unit identified as 1327 Eleventh Street as part of the Laney Walker/Bethlehem Revitalization Project. Under this Agreement, LWDC will: • Work with Virgo Gambill Architects to provide architecture/engineering services to include: Planning and Design Services: a. Provide Architecture and Engineering Consulting Services for the purpose of developing design drawings associated with the planned Armstrong Galleria building to include new commercial windows, new commercial doors, new metal awnings, exterior lighting, landscaping improvements (raised garden beds for curb aesthetics for all street sides and parking lot view of shopping center), and new illuminated signage for all occupied business displayed on James Brown Blvd and Galleria storefronts. b. Review the project budget for construction prepared by the HCD c. Prepare preliminary cost estimates and cost alternatives to include documentation establishing the basis and methodology for all estimates. d. Meet with HCD’s approved project developer to review findings, alternatives, cost estimates, and construction strategies to select optimum development on a routine basis. e. Prepare (3) options of preliminary design work for presentation to the owner and based on owner’s comments. f. Provide HCD with three (3) hard and electronic copies upon approved design. g. Prepare Construction Drawings and Specifications to submit to the Owner and Developer. h. Review shop drawings and submittals i. Provide as-built drawings of the completed and Owner-accepted work j. Prepare permit drawings for local building official comment and approvals. k. LWDC shall perform the necessary due diligence to complete its design to include any surveys, measurements, building analysis and investigation, etc. Augusta Housing & Community Development Department Contract Page 3 l. Comply with the guidance set forth by the Georgia Department of Natural Resources listed in Appendix 4. Upon completion of the Work, LWDC shall compile for and deliver to the Client a reproducible set of Record Documents based upon the marked-up record drawings addenda, change orders, and other data furnished by the Contractor or other third parties. These Record Documents will show significant changes made during construction. Because these Record Documents are based on unverified information provided by other parties, which LWDC is entitled to assume will be reliable, LWDC cannot and does not warrant their accuracy. Inasmuch as the remodeling and/or rehabilitation of the existing structure requires that certain assumptions be made by LWDC regarding existing conditions, and because some of these assumptions may not be verifiable without the Client’s expending substantial sums of money or destroying otherwise adequate or serviceable portions of the structure, the Client agrees to the fullest extent permitted by law, to indemnify and hold harmless LWDC its Officers, Directors, Employees, and Associates (collectively, LWDC) against all damages, liabilities, or costs including reasonable attorneys’ fees and defense costs out of or in any way connected with the Project, excepting only those damages, liabilities, or costs attributable to the sole negligence and willful misconduct by LWDC. Prepare record drawings of the existing architectural, exterior façade conditions and existing electrical conditions as they relate to the exterior façade. The as-built drawings will be used for design and design presentations and will be given to the owner at the end of construction. B. Use of Funds: Bond funds shall be used by LWDC for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $14,500.00. 1. Profit An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to LWDC for costs identified as necessary operating time and expenses in addition to the profit accrued in the exterior façade reconstruction of one (1) multi-unit commercial building as 1327 Eleventh Street. C. Program Location and Specific Goals to be Achieved LWDC shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination LWDC shall comply with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts on behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Revitalization Project. Notwithstanding any other provisions of this Augusta Housing & Community Development Department Contract Page 4 contract, LWDC shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT LWDC will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, LWDC, may engage the services of outside professional services Consultants and Architect and/or Engineers to help carry out the program and projects. A. Augusta shall designate and make Bond funds available in the following manner: 1. For invoicing, through the Neighborly Software System, LWDC will include documentation showing proof of completion of work in accordance with the amount requested, inspected, and accepted by HCD. 2. HCD will monitor the progress of the project and LWDC’s performance on a weekly bi-weekly basis with regards to the production design plans. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. 4. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall be terminate. B. Project Financing HCD will provide an amount not to exceed the actual architecture/engineering design costs related to the exterior façade reconstruction of one (1) multi-unit commercial property identified as 1327 Eleventh Street. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities LWDC shall be permitted to commence with the expenditure of CDBG funds as outlined in said Agreement upon procurement of an architectural/engineering LWDC in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the project within 60 days of said property identified as 1327 Eleventh Street. Augusta Housing & Community Development Department Contract Page 5 ARTICLE III. GENERAL CONDITIONS A. General Compliance LWDC agree(s) to comply with all Federal, state and local laws, regulations, and policies governing the funds provided under this contract. LWDC further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Architect and/or Engineer Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. LWDC shall at all times remain an "independent Architect and/or Engineer" with respect to the services to be performed under this Agreement. Augusta shall be exempt from payment of any and all possible unemployment benefits as LWDC is an independent Architect and/or Engineer. C. Hold Harmless To the fullest extent permitted by laws, statutes, rules and regulations, LWDC shall indemnify and hold harmless the Augusta, GA, Officers, Directors, and Employees of each and any of them from and against costs, damages, losses, and expenses, including but not limited to reasonable attorneys as awarded by a Court with Jurisdiction due to liability arising out of the services of the Architect- Engineer arising out of or resulting from performance of the work, but only to the extent caused by negligent, willful and wanton acts or omissions of the Architect and/or Engineer, its Officers, Directors, Employees, and anyone directly, or indirectly employed by them or anyone for whose acts they are liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph. LWDC agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its Officers, Directors, and Employees (collectively, Client) against damages, liabilities, and costs arising from the negligent acts of LWDC in the performance of professional services under this Agreement to the extent that LWDC is responsible for such damages or liabilities on a comparative fault basis between LWDC and the Client. LWDC shall not be obligated to indemnify the Client for the Client’s own negligence or for the negligence of others. D. Insurance & Bonding LWDC shall provide, at all times, that this Agreement is in effect, Insurance with limits of not less than: a. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. b. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. c. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Augusta Housing & Community Development Department Contract Page 6 Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. d. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. e. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) LWDC shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. E. Augusta Recognition, Ownership, and Publication LWDC shall ensure recognition of the role of Augusta in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, LWDC will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement and preapproved by HCD prior to publication. All drawings, reports, information, data, and other materials prepared by LWDC pursuant to this agreement, or future agreements as amended through the issuance of an agreed upon and signed estimate, are to be the joint property of HCD and LWDC, which have nonexclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto, in relation to the Laney-Walker/Bethlehem Neighborhood Redevelopment Area project. Any reuse without written verification or adaptation by either party for the specific purpose intended will be at the owner’s sole risk and without liability or legal exposure to HCD or LWDC. No material produced in whole or in part under this agreement may be subject to copyright or patent in the United Sates or in any other country without the prior written permission of HCD and LWDC. F. Amendments Augusta or LWDC may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Augusta’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Augusta or LWDC from its obligations under this Agreement. Augusta may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Augusta and LWDC. Such changes, require compliance with Article 12 of Augusta’s Procurement Policy and Procedures (Contract Administration and Management) Augusta Housing & Community Development Department Contract Page 7 G. Completion of Architectural and Engineering Drawing It is further agreed that JLA will complete all construction repairs to the addresses listed below with corresponding finalization dates and will submit to Augusta within one-week notice of the completion of each project as described below: ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and LWDC (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE V. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to LWDC, or any associates hereunder. B. LWDC shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to LWDC’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of Super Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by LWDC for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A. F. LWDC shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by LWDC. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. Augusta Housing & Community Development Department Contract Page 8 ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest LWDC will comply with the provisions of the applicable HUD regulations of 24 C.F.R. Parts 84, 85, and 570.611, sections 2-2-121, 2-2-201, 7-3-4256, 7-3-4367, 7-5-2106, 7-5- 4109, Super Circular A- 110 and Super Circular A-102 and Article 3 of Augusta’s Policy and Procedure (Ethics in Public Procurement), (as applicable) regarding the avoidance of conflict of interest. No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. LWDC covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the Bond project that would conflict in any manner or degree with the performance of its services hereunder. LWDC further covenants that, in the performing this Contract, it will employ no person who has any such interest. ARTICLE VI. OTHER REQUIREMENTS A. LWDC agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in LWDC’s publications and/or advertisements. (24 CFR 570.601). B. LWDC agrees to comply with 24CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. C. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) D. LWDC agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by HCD pursuant to (24 CFR 570.604). E. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), LWDC agrees that funds shall not be expended for acquisition or construction in an area identified by Augusta Housing & Community Development Department Contract Page 9 the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. F. LWDC agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). G. LWDC agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. LWDC will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. H. LWDC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. LWDC will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. LWDC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause Augusta Housing & Community Development Department Contract Page 10 I. In accordance with Section 570.608 of the CDBG Regulations, LWDC agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead- based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead- based paint hazards. J. LWDC agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any LWDC during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible LWDC has been approved and reinstated by HCD. K. In accordance with 24 CFR part 24, subpart F, LWDC agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. L. Any publicity generated by LWDC for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Housing and Community Development Department" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. M. LWDC shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. LWDC agrees to obtain all necessary permits for intended improvements or activities. N. LWDC shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. O. LWDC shall comply with the Davis Bacon Act 1931. P. LWDC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. LWDC agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. Q. All Architect and/or Engineers and sub-Architect and/or Engineers entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All Architect and/or Engineers and sub-Architect and/or Engineers must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines Augusta Housing & Community Development Department Contract Page 11 established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All Architect and/or Engineers shall further agree that, should it employ or contract with any associates in connection with the physical performance of services pursuant to its contract with Augusta, Georgia LWDC will secure from such sub- Architect and/or Engineers each sub-Architect and/or Engineer’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the associates affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All Architect and/or Engineers shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the sub-Architect and/or Engineers are retained to perform such physical services. R. LWDC agrees that low-and-moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta- Richmond County. (24 CFR 570.697) Utilization of Architect and/or Engineers and/or sub-Architect and/or Engineers outside of the Augusta-Richmond County area is not desirable. S. LWDC agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. T. LWDC will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. LWDC will not discriminate against any person applying for shelter on the basis of religion. LWDC will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. U. Indirect costs will only be paid if LWDC has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. V. HCD shall not approve any travel or travel related expenses to LWDC with funds provided under this contract. W. LWDC represents and warrants that it and its design team are not debarred, suspended, or placed in ineligibility status under the provisions of Article 8 of Augusta’s Procurement Policy and Procedures (Suspension or Debarment of Bidder or Proposer Policy) and the 24 CFR 570.609 (government debarment and suspension regulations). X. Salaries of personnel performing work under this Contract shall be paid unconditionally and not less often than once a month without payroll deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. 874; and Title 40 U.S.C. 276c). LWDC shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to insure compliance by the subcontractors with such regulations, and shall be responsible for the Augusta Housing & Community Development Department Contract Page 12 submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. As well as the requirements of Article 3, Section 1-10-28 of Augusta’s Policy and Procedures (Authority and responsibility of procurement director). Y. LWDC certifies, to the best of their knowledge and belief that: No federally appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. Z. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions LWDC shall put forth reasonable, professional efforts to comply with applicable laws, codes, and regulations in effect as use of the date of (execution of this Agreement, submission to building authorities, or other appropriate date). Design changes made necessary by newly enacted laws, codes, and regulations after this date shall entitle LWDC to a reasonable adjustment in the schedule and additional compensation in accordance with the Additional Services provisions of this Agreement. ARTICLE VII. SUSPENSION AND TERMINATION A. In the event LWDC materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until LWDC cures any breach of the Agreement. If LWDC fails to cure the breach, Augusta may suspend or terminate the current award of funds. LWDC will not be eligible to receive any other funding. B. Notwithstanding the above, LWDC shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to LWDC for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay LWDC for documented committed eligible costs incurred prior to the date of notice of termination. Augusta Housing & Community Development Department Contract Page 13 D. Notwithstanding any termination or suspension of this Agreement, LWDC shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by LWDC under this contract. ARTICLE VIII. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Hardie Davis, Jr., Mayor Municipal Building 535 Telfair Street, Suite 200 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 and Laney Walker Development Corporation ATTN: Byron or Edith Peebles 851 Laney Walker Blvd. Augusta, Georgia. 30901 ARTICLE IX. INDEMNIFICATION LWDC will at all times hereafter indemnify and hold harmless Augusta, its officers, and employees, against any and all claims, losses, liabilities, or damages, including reasonable attorney fees if awarded by a Court with proper jurisdiction due to legal liabilities of LWDC, resulting from injuries or damages sustained by any person or persons, corporation or property, to the extent caused by the negligent performance of LWDC under this Agreement. By execution of this Agreement, LWDC specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. Augusta Housing & Community Development Department Contract Page 14 The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE X. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to LWDC beyond the term of this Agreement. LWDC warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LWDC for the purpose of securing business and that LWDC has not received any non- Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XII. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of CDBG funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XIII. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department Contract Page 15 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): By:_____________________________________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Takiyah A. Douse, as its Interim Administrator Date: ____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: By: _________________________ Laney Walker Development Corporation Date:_______________________ Augusta Housing & Community Development Department Contract Page 16 EXHIBIT A PROJECT SCHEDULE OF COMPLETION LWDC shall prepare and submit for Client approval “A” Schedule for the Performance of LWDC’s services. This schedule shall include reasonable allowances for review and approval times required by the Client, performance of services by the Client, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by the Client, or for delays or other causes beyond LWDC’s reasonable control. Augusta Housing & Community Development Department Contract Page 17 APPENDIX 1 Statutes: (Available on Request) Super Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations Super Circular A- 122 - Cost Principles for Non-Profit Organizations Super Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Lead Based Paint Poisoning Prevention Act Augusta-Richmond County Procurement Policy Augusta Housing & Community Development Department Contract Page 18 APPENDIX 2 ARCHITECTUAL AND/OR ENGINEER REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. All work shall be in compliance with the International Building Code current edition of National Electric Code, International Plumbing and Mechanical Code, and ADA 2010 Guidelines. B. Georgia Energy Code International Energy Conservation Code (IECC-2015). C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Architect and/or Engineers Manual and Performance Standards. A copy of this manual is provided to every LWDC when included on the HCD Approved Architect and/or Engineers List. A copy is enclosed for inclusion. 3. Inspections. All projects will be inspected and approved by an HCD Construction and Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project. 4. It is recognized that the Client has certain obligations under local, state, and federal accessibility laws and regulations that could affect the design of the Project. It is further recognized that federal accessibility laws and regulations are not part of, or necessarily compatible with, state or local laws, codes, and regulations governing construction. Consequently, LWDC will be unable to make recommendations or professional determinations that will ensure compliance with the federal accessibility laws and regulations, and LWDC shall, accordingly, not have any liability to the Client in connection with same. LWDC strongly advises the Client to obtain appropriate legal and financial counsel with respect to compliance with the appropriate disability access laws. 5. The Client acknowledges that it has been advised by LWDC to retain a LWDC (Accessibility LWDC) to review the project plans, specifications, and construction for compliance with the Americans with Disability Act, the Fair Housing Act, and other federal, state, and local accessibility laws, rules, codes, ordinances, and regulations (hereinafter referred to as “Accessibility Issues”). 6. If Client fails to retain an Accessibility LWDC, the Client agrees to release, defend, indemnify, and hold harmless LWDC, its officers, directors, employees, and associates (collectively, LWDC) Augusta Housing & Community Development Department Contract Page 19 from any claim, damages, liabilities, or costs arising out of or in any way connected with Accessibility Issues. 7. LWDC shall exercise usual and customer professional care in its effort to comply with applicable laws, codes, and regulations in effect as of the date________. Design changes made necessary by newly enacted laws, codes, and regulations after this date shall entitle LWDC to a reasonable adjustment in the schedule and additional compensation in accordance with the Additional Services provisions of this Agreement. 8. In the event of a conflict between laws, codes, and regulations of various environmental entities having jurisdiction over this Project, LWDC shall notify the Client of the nature and impact of such conflict. Augusta Housing & Community Development Department Contract Page 20 APPENDIX 3 VIRGO GAMBILL ACKNOWLEDGEMENT VIRGO GAMBILL acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, VIRGO GAMBILL is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Architect and/or Engineer’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that VIRGO GAMBILL may be precluded from recovering payment for such unauthorized goods or services. Accordingly, VIRGO GAMBILL agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if VIRGO GAMBILL provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by VIRGO GAMBILL. VIRGO GAMBILL assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Joseph Gambill, Owner Virgo Gambill Architects Augusta Housing & Community Development Department Contract Page 21 Commission Meeting Agenda 12/6/2022 2:00 PM HCD_Laney Walker/Bethlehem architectural drawings for one (1) single-family home approval request. Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding for architectural drawings for the new construction of one (1) single-family home identified as 1327 Eleventh Street, within Laney Walker/Bethlehem.(Approved by Administrative Services Committee November 29, 2022) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This objective involves architectural drawings for the new construction of one (1) single-family home at 1327 Eleventh Street within Laney Walker/Bethlehem. Address Budget Project Type 1327 Eleventh Street $14,500.00 Architectural drawings Augusta, GA. 30901 Analysis:The approval of the contract will allow for the architectural drawings for (1) single-family new construction home at 1327 Eleventh Street to begin. Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization Bond funding. Contract Amount: 1327 Eleventh Street- $14,500 Alternatives:Deny HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding for architectural drawings for the new construction of one (1) single-family home identified as 1327 Eleventh Street, within Laney Walker/Bethlehem. Funds are Available in the Following Accounts: Project Funds Funding: Laney Walker/Bethlehem Revitalization funding GL Code: 298-07-7343-5413150 REVIEWED AND APPROVED BY: CURRENT Information Technology Department Organizational Chart as of November 2022 Chief Information Officer SES II/Grade 33 Tax & ServicesProject Manager III Grade 24 Application Support Analyst II Grade 21 Application Support Analyst I Grade 19 Application Support Analyst II Grade 21 Financial & EnterpriseProject Manager III Grade 24 Application Support Analyst II Grade 21 Application Support Analyst I Grade 19 Application Support Analyst II Grade 21 Application Support Analyst I Grade 19 UtilitiesProject Manager VI Grade 27 CJISProject Manager III Grade 24 GIS Manager Grade 25 Application Developer III Grade 22 Application Support Analyst IGrade 19 GIS Analyst Grade 22 GIS Analyst (Addressing) Grade 21 GIS Specialist Grade 19 Technology Acquisitions Specialist Grade 17 Client Support/ Desktop Specialist I Grade 17 Client Support Analyst Grade 19 Client Support/ Desktop Specialist I Grade 17 Client Support/ Desktop Specialist III Grade 19 Help DeskSpecialist II Grade 18 Help Desk Specialist I Grade 17 Administrative Assistant III Grade 12 Security Administrator Grade 23 Systems Administrator Grade 23 Radio Systems Manager Grade 25 RF Administrator II Grade 23 Database Administrator II Grade 25 Database Administrator I Grade 24 Network Administrator III Grade 23 Network Administrator II Grade 22 Network Administrator I Grade 21 Telecomm. Administrator II Grade 23 Telecomm. Administrator I Grade 21 Infrastructure Supervisor Grade 26 Mission Augusta Information Technology will deliver quality technology services to empower our customers. Funded By Utilities Funded by Radio Fund Executive Management Client Support/ Desktop Specialist II Grade 18 RF Administrator I Grade 21 Asset Management Analyst II Grade 22 Asset Management Analyst I Grade 20 Split Funding with Utilities/Engineering Deputy CIO Infrastructure & Communications Grade 30 Deputy CIO Business Application Services Grade 30 Infrastructure & Communications (I&C) Group Client Support Services (CSS) Group Business Application Services (BAS) Group IT Project Leader Grade 21 Business & Innovation Manager Grade 24 Client Support Services Manager Grade 25 Geographic Information Systems (GIS) Group Business Analyst II Grade 20 Application Developer I Grade 20 PROPOSED Information Technology Department Organizational Chart Chief Information Officer SES II/Grade 34 Tax & Services Project Manager III Grade 26 Application Support Analyst II Grade 23 Application Support Analyst I Grade 21 Application Support Analyst II Grade 23 Finance & Enterprise Project Manager III Grade 26 Application Support Analyst II Grade 23 Application Support Analyst I Grade 21 Application Support Analyst II Grade 23 Application Support Analyst I Grade 21 Utilities Project Manager VI Grade 27 CJIS Project Manager III Grade 26 GIS Manager Grade 28 Application Developer III Grade 22 Application Support Analyst I Grade 21 GIS Senior Analyst Grade 24 GIS Data Analyst Grade 23 GIS Specialist Grade 21 Technology Acquisitions Specialist Grade 18 Client Support Specialist I Grade 18 Client Support Specialist I Grade 18 Client Support Specialist III Grade 22 Help Desk Specialist II Grade 19 Help Desk Specialist I Grade 18 Administrative Assistant III Grade 14 Security Administrator Grade 26 Systems Administrator Grade 26 Radio Systems Manager Grade 27 RF Administrator II Grade 23 Database Administrator II Grade 27 Database Administrator I Grade 26 Network Administrator III Grade 26 Network Administrator II Grade 24 Network Administrator I (Servers) Grade 22 Telecomm. Administrator II Grade 23 Telecomm. Administrator I Grade 21 Mission Augusta Information Technology will deliver quality technology services to empower our customers. Funded By Utilities Funded by Radio Fund Executive Management Client Support Specialist II Grade 19 Asset Project Manager Grade 25 Asset Support Analyst Grade 19 Split Funding with Utilities/Engineering Deputy CIO Infrastructure & Communications Grade 31 Deputy CIO Business Application Services Grade 31 Infrastructure & Communications (I&C) Group Client Support Services (CSS) Group Business Application Services (BAS) Group Desktop Administrator Grade 22 Business & Innovation Manager Grade 26 Client Support Services Manager Grade 28 Geographic Information Systems (GIS) Group Application Developer I Grade 21 Network Administrator I Grade 22 DRAFT – 11/9/22 Proposed title changes/reclasses marked in RED Proposed Information Technology Reorganization Cost Estimates Estimated Across-the-board Increase: 11% Estimated Impact for Information Technology - 101-01-5410 Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total Savings from Abolished Positions (4) (219,889.40) (13,633.14) (3,188.40) (34,400.00) (720.00) (16,359.77) (516.74) (288,707.45) Increase for Filled Positions (29) 206,264.10 12,788.37 2,990.83 - - 15,346.05 484.72 237,874.07 Reclassification of Vacant Positions (6) 25,123.00 1,557.63 364.28 - - 1,869.15 59.04 28,973.10 Portion of Split Positions (3) 16,183.94 1,003.40 234.67 1,290.00 27.00 1,204.09 38.03 19,981.13 Estimated Cost Savings 27,681.64 1,716.26 401.38 (33,110.00) (693.00) 2,059.51 65.05 (1,879.15) Estimated Impact for Utilities Department - 506-04-3110 Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total Portion of Split Positions (4) 7,591.52 470.67 110.08 - - 564.81 17.84 8,753.92 Estimated Increase* 7,591.52 470.67 110.08 - - 564.81 17.84 8,753.92 Estimated Impact for Engineering/Stormwater - 581-04-4320 Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total Portion of Split Positions (5) 741.98 46.00 10.76 (1,290.00) (27.00) 55.20 1.74 (462.32) Estimated Cost Savings** 741.98 46.00 10.76 (1,290.00) (27.00) 55.20 1.74 (462.32) Estimated Impact for Radio Fund - 131-01-5410 Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total Increase for Radio Systems Manager 7,534.45 467.14 109.25 - - 560.56 17.71 8,689.10 Estimated Increase* 7,534.45 467.14 109.25 - - 560.56 17.71 8,689.10 * Funds are available within 2023 budget. ** Savings due to reclassification and change in cost allocation for Asset Support Analyst position (IT portion increasing from 30% to 45%). PROPOSED - 11/9/2022 Commission Meeting Agenda 12/6/2022 2:00 PM Information Technology Department Reorganization Department:Information Technology Department Department:Information Technology Department Caption:Motion to approve the Information Technology Department’s Reorganization to include Reduction in Force (RIF) if necessary. (Approved by Administrative Services and Public Safety Committees November 29, 2022) Background:Information Technology has always held a low turnover rate in its departmental employment. If there were any departures, it was mostly due to the employee moving and/or retiring. Currently, we have eleven (11) open positions. In the past year, it has been very difficult to retain and/or recruit new staff. The demand for technology skills has grown significantly and many agencies are able to offer recruitment benefits like sign-on bonuses, total remote work, etc. Unfortunately, it has become more and more difficult to compete with the private sector. Analysis:Each year, the departmental function is assessed to make sure we are meeting the needs of the customers. In the past two months, the Leadership Team has conducted several meetings, reviewed all job descriptions and researched other technology agencies. Information Technology has also performed its due diligence by meeting with Human Resources, Finance and Administration. In an attempt to retain current staff and recruit new skilled staff, the Information Technology Department Leadership Team final recommendations include 1) Abolish vacant positions, 2) provide an across the board retention increase to all current employees and 3) adjust job descriptions and classifications as needed. The proposal will provide a small cost savings in the Information Technology Budget and better align resources with customer needs. A Reduction in Force (RIF) may be needed as part of the alignment process. However, all current staff will be offered positions within the department. Overall, this will allow the department a better opportunity to retain current staff and recruit the necessary additional staff. Financial Impact:This can all be obtained within the current budget. There will actually be a small cost savings to the Information Technology Department Budget. Alternatives:Do not approve the agenda item. Recommendation:Approve the Information Technology Department’s Reorganization to include a Reduction In Force (RIF) if necessary. Funds are Available in the Following Accounts: 101015410 forwarded for discussion dbw REVIEWED AND APPROVED BY: STATE OF GEORGIA ) ) LEASE AGREEMENT RICHMOND COUNTY ) THIS LEASE AGREEMENT, made this ____day of November 2022 by and between MURRAY REAL ESTATE, INC. (hereinafter referred to as "Lessor") and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Lessee"); WITNESSETH: 1. Premises: The Lessor, for and in consideration of the rents, covenants, agreements, and stipulations hereinafter set forth, to be paid, kept, and performed by the Lessee, does hereby lease unto the said Lessee, and said Lessee hereby agrees to lease and take upon the terms and conditions which hereinafter appear, the following described property: Property located at the southeast corner of 4th Street and Walton Way, 175 feet by 398.77 feet - 175 feet along 4th Street and 398 feet along Walton Way, 110 x 175 on Taylor Street. Tax map 047-4-465-00-0 and being known as 324 Walton Way, Augusta, Georgia (hereinafter referred to as the "Premises"). 2. Term: The term of this Lease shall begin on the 1st day of January 2023 and, subject to the option to renew set forth in this paragraph 2, shall end on the 31st day of December 2023, at midnight, unless sooner terminated by either Lessor or Lessee as herein provided. The parties may renew this Lease for one or more additional one-year terms (each to commence on January l, and end at midnight on December 31st, of the applicable calendar year) by written agreement executed by each party no later than the 30th day immediately preceding the end of the term being so renewed. 3. Rental: Tenant shall pay to Landlord during the term of this Lease a monthly rental payment in the amount of $3,967.00 payable on the first day of each month of the Lease term. In the event this Lease is renewed on an annual basis after the initial term, the rent for each annual renewal will increase three (3%) percent. 4. Use of Premises: The Premises shall be used for office buildings and for no other purpose without the advance written consent of Lessor. The Premises shall not be used for any illegal purpose; nor in any manner to create any nuisance or trespass; nor in any manner so as to invalidate the insurance or increase the rate of insurance on the Premises. 5. Destruction of or Damage to Premises: If the Premises are totally destroyed by storm, fire, flood, lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destru ction. 6. Assignment and Subletting: Lessee may not sublease all or any portion of the Lease Premises or assign this Lease or any interest hereunder without the prior written consent of the Lessor. 7. Signs: Any and all signs placed on the Premises by Lessee shall be maintained in compliance with rules and regulations governing such signs and the Lessee shall be responsible to Lessor for any damage caused by installation, use, or maintenance of said signs, and Lessee agrees upon removal of said signs and to repair all damages incident to such removal. 8. Repairs. Alterations and Additions: If any repairs to the improvements located on the premises covered by this Lease are required during the term of this Lease, the cost of same shall be paid by Lessee. Any and all repairs, alterations, and additions made to the Premises hereby leased by the Lessee, shall be and remain a part of said Premises hereby leased by the Lessee, and shall be surrendered to the Lessor by the Lessee at the expiration of the term of this Lease (except to that of the Building which is owned by the State Court of Richmond County). Any alterations or additions to the Premises and any repairs, which may affect the physical appearance of the Premises, shall not be made without the advance written approval of the Lessor. Any and all repairs, alterations, and additions to the Premises shall be performed in a good and workmanlike manner using new materials and equipment and in compliance with all safety codes and regulations. In the event that any repairs, additions, alterations or improvements are made by the Lessee after obtaining the written consent of the Lessor through a contractor, the Lessee agrees that it will closely supervise such work and see that all laborers and materialmen are promptly paid so that no lien will accrue or be filed against the Premises; and in the event that the Lessee hires laborers and/or purchases material itself for the improvement of the Premises, it will promptly pay all charges for such labor and materials when the same become due so that no liens will accrue or be filed against the Premises and no claim can be asserted against Lessor for such payment. Lessor shall have the right to call upon the Lessee for a statement or other information concerning the payment of any contractor, laborer and/or materialman who may have furnished labor or materials for the improvement on the Premises and Lessee covenants and agrees that it will immediately give full information in regard to all such to the Lessor upon demand. Lessee, however, shall have the right to remove Lessee's real and personal property in the nature of the building, trade and/or business fixtures from the Premises at the expiration of this Lease. 9. No Estate in Land: This contract shall create the relationship of Lessor and Lessee between the parties hereto and no estate shall pass out of Lessor. 10. Holding Over: If Lessee remains in possession of Premises after expiration of the term hereof: with Lessor's acquiescence and without any express agreement of parties, Lessee shall be a tenant at will at the rental rate in effect at the end of this Lease; and there shall be no renewal of this Lease by operation of law. 11. Exculpation and Indemnification: The Premises are being leased to Lessee "AS IS", and Lessee accepts said Premises in its present condition and acknowledges that it has inspected the same and found the Premises to be suitable for its intended use. It is an express condition of this Lease Agreement that, except when caused solely by its negligence, Lessor, its officers, agents, and employees, shall be free from claims, debts, demands, liabilities, or causes of action of every kind or character, whether in law or in equity, by reason of any death, injury, or damage to any person or persons or damage or destruction of property or loss of use thereof, whether it be the person or property of Lessee, its invitees, licensees, agents, or employees, or any third persons, from any cause or causes whatsoever arising from any event or occurrence in or upon the Premises or any part thereof or otherwise arising from Lessee operations under and indemnify and save harmless the Lessor, its officers, agents, and employees, against and from any and all such claims, demands, debts, liabilities, and causes of action (other than those caused solely by Lessor's negligence) including reasonable attorney's fees and costs to be incurred by Lessor in defending same. Lessee specifically agrees that its operations shall be conducted in compliance with all federal state, and local environmental laws, rules and regulations and agrees to indemnify and hold harmless Lessor from and against all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including but not limited to court costs, expert fees and reasonable attorneys' fees) which may be incurred by, charged to or recovered from the foregoing (i) by reason or on account of damages to or destruction of the property of Lessor, or any property of, injury to or death of any person, resulting from or arising out of Lessee's use of the premises (except when such damages, destruction, injuries or death arise solely by reason of Lessor's negligence), or (ii) arising out of the failure of Lessee to keep, observe or perform any of the agreements or conditions of this Agreement. Lessee will refer to Lessor promptly upon notice thereof, any claim made or suit instituted against it which, in any way, affects Lessor or its insurer, and either Lessee shall defend or compromise same following notice from Lessor, then Lessor shall have the right to compromise and defend the same to the extent of its interests, with all costs to be borne by Lessor. 12. Rights Cumulative: All rights, powers and privileges conferred hereunder upon Lessor shall be cumulative but not restrictive to those given by law. 13. Service of Notice: Any notice, demand, request, approval, consent, or other communication (hereinafter referred to as "notice"), which Lessor or Lessee may be required to permit to give to each other shall be in writing and shall be mailed in an official United States Post Office, certified or registered mail, return receipt requested, with adequate postage prepaid, to the other party at the address as each party as designated in this Lease or shall have changed by proper notice in writing to the other. Such addresses are as follows: Lessor (via mail): MURRAY REAL ESTATE, INC. P.O. BOX 1866 AUGUSTA, GEORGIA 30903 Lessor (via personal service): 496 LANEY WALKER BLVD AUGUSTA, GA 30901 Lessee: AUGUSTA, GEORGIA ADMINISTRATOR 535 TELFAIR STREET, SUITE 910 AUGUSTA, GEORGIA 30901 With Copy to: AUGUSTA, GEORGIA MAYOR 535 TELFAIR STREET, SUITE 200 AUGUSTA, GEORGIA 30901 AUGUSTA, GEORGIA LAW DEPARTMENT ATTN: GENERAL COUNSEL 535 TELFAIR STREET, BUILDING 3000 AUGUSTA, GEORGIA 30901 CHIEF JUDGE STATE COURT OF RICHMOND COUNTY 735 JAMES BROWN BLVD., SUITE 4102 AUGUSTA, GEORGIA 30901 If notice is not an answer or reply to a previous notice from the other party, the time of the rendition of such shall be the date when the receipt is signed, refused, or returned unclaimed. If the notice is an answer or reply to a previous notice from the other party, the time of rendition of such shall be the date postmarked by the United States Postal Service. In the event of a postal strike or other interference with the regular delivery of mail, notices may be served in person in lieu of certified or registered mail, and shall be effective upon receipt. 14. Waivers of Rights: No failure of Lessor to exercise any power given it hereunder or to insist upon strict compliance by Lessee with any of its obligations hereunder and no custom or practice of the Lessor at variance with the terms hereof shall constitute a waiver of Lessor's right to demand strict compliance with terms hereof. 15. Time of Essence: Time is of the essence of this Agreement. 16. Utility Bills: Lessee shall pay all utility bills, including, but not limited to, water, stormwater fees, sewer, gas, electricity, fuel, light, and heat bills for the Premises, and Lessee shall pay all charges for garbage collection or other sanitary services. 17. Taxes: Lessor shall pay all property taxes legally assessed against the property and person property located on the Premises for that period of time Lessee occupies the Premises. 18. Open Records: The Lessor acknowledges that all records relating to this Agreement and the services to be provided under this Agreement may be a public record subject to Georgia's Open Records Act. (O.C.G.A. § 50-18-70, et seq.). Lessor shall cooperate fully in responding to such request and making all records, not exempt, available for in section and copying as provided by law. Lessor shall notify Lessee immediately of any request made under the Open Records Act and shall furnish Lessee with a copy of the request and the response to such request. 19. Governing Law: This Agreement shall be governed and interpreted by the laws of the State of Georgia. 20. Venue: All claims, disputes and other matters in question between the Lessor and the Lessee arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Lessee, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 21. Entire Agreement: This Lease contains the entire agreement of the parties and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder and no custom or practice of the parties at variance with the terms hereof. This Agreement may only be amended by writing signed by both parties. 22. Breach:Upon the failure of Lessee to observe or comply with any of the provisions of this Agreement, Lessor may immediately terminate this Agreement and institute such actions necessary to recover the property and evict Lessee. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. MURRAY REAL ESTATE, INC. AUGUSTA, GEORGIA Lessor Lessee By: By: Print: Grey B Murray, Sr., President Print: Hardie Davis Jr., Mayor Sworn to and subscribed before me this Sworn to and subscribed before me this ____ day of ________________, 2022. ____ day of ________________, 2022. Attest: Lena Bonner, Clerk of Commission Commission Meeting Agenda 12/6/2022 2:00 PM Land lease for 324 Walton Way for use by Probation Services Department:Administrator's Office Department:Administrator's Office Caption:Motion to approve a one-year lease with Murray Real Estate, Inc. for property at 324 Walton Way utilized for Misdemeanor Probation Services. (Approved by Administrative Services Committee November 29, 2022) Background:On May 14, 2019 the Augusta, Georgia Commission approved award of RFP 19-180 for Misdemeanor Probation Services to CSRA Probation Services Inc. Staff negotiated a contract for an initial two-year period, followed by three one-year renewal options, to lease and operate a probation facility located at 324 Walton Way. The original land lease with Murray Real Estate, Inc for this property ran from July 2016 through June 2021. The updated proposed land lease shall run in conjunction with the CSRA Probation Services contract and is set to begin on the 1st day of January 2023 and end on the 31st day of December 2023, at midnight, unless sooner terminated. The land lease may be renewed for one or more additional one-year terms that would run in conjunction with approved extensions of the probation services (each to commence on January l, and end at midnight on December 31st, of the applicable calendar year). Analysis:Approval of the land lease is needed in conjunction with the approval of the Misdemeanor Probation Services contract and associated facility lease with CSRA Probation Services, Inc. Financial Impact:The monthly land lease cost of $3,967.00 is off set by the facility lease payments received from CSRA Probation Services. Alternatives:Do not approve the land lease nor the misdemeanor probation services contract and associated facility lease. Recommendation:Approve a one-year lease with Murray Real Estate, Inc. for property at 324 Walton Way utilized for Misdemeanor Probation Services. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Misdemeanor Probation Services Contract and Facility Lease Extension 2 of 3 Department:Administrator's Office Department:Administrator's Office Caption:Motion to approve the second one-year renewal of the Misdemeanor Probation Services contract and associated facility lease with CSRA Probation Services, Inc. (Approved by Administrative Services Committee November 29, 2022) Background:On May 14, 2019, the Augusta, Georgia Commission approved award of RFP 19-180 for Misdemeanor Probation Services to CSRA Probation Services Inc. Staff negotiated a contract for an initial two-year period, followed by three one-year renewal options, to lease and operate a probation facility located at 324 Walton Way. Analysis:The first of the three (3) one-year renewal options expires December 31, 2022. All parties agree with the request for the Commission to approve this second renewal option for one (1) additional year to expire on December 31, 2023. Financial Impact:Fines and Fees collected through CSRA Probation Services on behalf of Richmond County are remitted to the Clerk of Court's Office for distribution to the appropriate agencies. The Facility Lease payments are $4,166.67 monthly and off set maintenance costs and land lease payments. Alternatives:Do not approve the misdemeanor probation services contract and associated facility lease nor the land lease. Recommendation:Approve the second one-year renewal of the Misdemeanor Probation Services contract and associated facility lease with CSRA Probation Services, Inc. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Update on the HRIS System Department:Augusta Commission Department:Augusta Commission Caption:Update on the HRIS System for Human Resources Department. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Office of Clerk of Commission Reorganization Department:Office of the Clerk of Commission Department:Office of the Clerk of Commission Caption:Motion to approve the Office of the Clerk of Commission Department’s Organizational Realignment. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: OMB No. 1121-0329 Approval Expires 12/31/2023 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance BJA FY 2022 Edward Byrne Memorial Justice Assistance Grant Program — Local Solicitation Assistance Listing Number # Grants.gov Opportunity Number: Solicitation Release Date: Grants.gov Deadline: Application JustGrants Deadline: 16.738 O-BJA-2022-171368 June 22, 2022 2:00 PM August 10, 2022 8:59 PM August 11, 2022 8:59 PM Overview The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) seeks applications for funding for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the DOJ’s mission by assisting local and tribal law criminal justice efforts to prevent or reduce crime and violence and to improve the administration of the criminal justice system. This solicitation incorporates the OJP Grant Application Resource Guide by reference. The OJP Grant Application Resource Guide provides guidance to applicants to prepare and submit applications to OJP for funding. If this solicitation expressly modifies any provision in the OJP Grant Application Resource Guide, the applicant is to follow the guidelines in this solicitation as to that provision. This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the “Limitation on Use of Award Funds for Employee Compensation; Waiver” provisions in the “Financial Information” section of the OJP Grant Application Resource Guide. Solicitation Categories Competition ID Category * Number of Awards Dollar Amount for Award Performance Start Date Performance Duration (Months) C-BJA-2022-00154-PROD Category 1 - Applicants with eligible allocation amounts of less than $25,000 618 $9,450,338.00 10/1/21 12:00 AM 24 C-BJA-2022-00155-PROD Category 2 - Applicants with eligible allocation amounts of $25,000 or more 580 $83,437,803.00 10/1/21 12:00 AM 48 Eligible Applicants: City or township governments, County governments, Native American tribal governments (Federally recognized), Special district governments, Other Other Page 1 of 23 O-BJA-2022-171368 By law, for purposes of the JAG Program, the term “units of local government” includes a town, township, village, parish, city, county, borough, or other general-purpose political subdivision of a state; or it may be a federally recognized American Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff. The eligible allocations by state for the fiscal year (FY) 2022 JAG Program can be found at: https://bja.ojp.gov/program/jag/fy-2022-allocations. Eligible allocations under JAG are posted annually on the JAG web page. See the allocation determination and “Units of Local Government” requirements section for more information. Applicants with eligible allocation amounts of less than $25,000 will apply to Category 1, and applicants with eligible allocation amounts of $25,000 or more will apply to Category 2. All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee. Contact Information For technical assistance with submitting the Application for Federal Assistance standard form (SF)-424 and a Disclosure of Lobbying Activities form (SF-LLL) in Grants.gov, contact the Grants.gov Customer Support Hotline at 800-518-4726, 606-545-5035, Grants.gov customer support, or support@grants.gov. The Grants.gov Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays. For technical assistance with submitting the full application in DOJ’s Justice Grants System (JustGrants), contact the JustGrants Service Desk at 833-872-5175 or JustGrants.Support@usdoj.gov. The JustGrants Service Desk operates 5 a.m. to 9 p.m. eastern time Monday–Friday and 9 a.m. to 5 p.m. Saturday, Sunday, and federal holidays. For assistance with any other requirements of this solicitation, contact the OJP Response Center by telephone at 800-851-3420 or TTY: 301-240-6310 (hearing impaired only), or by email at grants@ncjrs.gov. The OJP Response Center hours of operation are 10 a.m. to 6 p.m. eastern time Monday–Friday, and 10 a.m. to 8 p.m. on the solicitation close date. Submission Information Applications will be submitted to DOJ in two steps: Step 1: The applicant must submit by the Grants.gov deadline the required Application for Federal Assistance standard form (SF)-424 and a Disclosure of Lobbying Activities (SF-LLL) form when they register in Grants.gov at https://www.grants.gov/web/grants/register.html. To register in Grants.gov, the applicant will need to ensure that its System for Award Management (SAM) registration is current. Step 2: The applicant must then submit the full application, including attachments, in JustGrants at https://justicegrants.usdoj.gov/. To be considered timely, the full application must be submitted in JustGrants by the JustGrants application deadline. OJP encourages applicants to review the “How to Apply” section in the OJP Grant Application Resource Guide and the JustGrants website for more information, resources, and training. Page 2 of 23 O-BJA-2022-171368 Contents Contact Information 2 Program Description 5 Overview 5 Specific Information 5 Goals, Objectives, Deliverables, and Timeline 13 Evidence-Based Programs or Practices 13 Information Regarding Potential Evaluation of Programs and Activities 13 Federal Award Information 13 General Guidance for Federal Award 13 Types of Awards 14 Financial Management and System of Internal Controls 14 Budget Information 14 Cost Sharing or Matching Requirement 15 Pre-agreement Costs (also known as Pre-award Costs) 15 Limitation on Use of Award Funds for Employee Compensation: Waiver 15 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 15 Costs Associated with Language Assistance (if applicable) 15 Eligibility Information 15 Application and Submission Information 15 Information to Complete the Application for Federal Assistance (SF-424) 15 Standard Applicant Information (JustGrants 424 and General Agency Information) 16 Proposal Narrative 16 Budget and Associated Documentation 17 Budget Worksheet and Budget Narrative (attachment) 17 Indirect Cost Rate Agreement (if applicable) 17 Financial Management Questionnaire (including applicant disclosure of high-risk status) 17 Disclosure of Process Related to Executive Compensation 17 Additional Application Components 17 Research and Evaluation Independence and Integrity Statement 17 Certifications and Assurances by the Chief Executive of the Applicant Government 18 Disclosures and Assurances 18 Disclosure of Lobbying Activities 18 DOJ Certified Standard Assurances 18 Applicant Disclosure of Duplication in Cost Items 18 DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements 18 Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable) 18 How to Apply 18 Submission Dates and Time 19 Application Review Information 19 Review Process 19 Federal Award Administration Information 20 Federal Award Notices 20 Administrative, National Policy, and Other Legal Requirements 20 20 20 Information Technology (IT) Security Clauses 20 Page 3 of 23 O-BJA-2022-171368 General Information about Post-Federal Award Reporting Requirements 20 Federal Awarding Agency Contact(s) 21 Other Information 21 Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) 21 Provide Feedback to OJP 21 Application Checklist 21 Page 4 of 23 O-BJA-2022-171368 Program Description Overview OJP is committed to advancing work that promotes civil rights and racial equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety and protects the public from crime and evolving threats, and builds trust between law enforcement and the community. The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and units of local government. BJA will award JAG Program funds to eligible units of local government as described in this FY 2022 JAG Program Local Solicitation. For more information on the JAG Program, please refer to the JAG Fact Sheet and/or JAG Frequently Asked Questions (FAQs). Statutory Authority: The JAG Program is authorized by Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). Specific Information Statutory Formula JAG awards are based on a statutory formula that is fully described within the JAG Technical Report. Once each fiscal year’s overall JAG Program funding level is determined, BJA works with the Bureau of Justice Statistics to begin a four-step grant award calculation process, which, in general, consists of: 1. Computing an initial JAG allocation for each state, based on its share of violent crime and population (weighted equally). 2. Reviewing the initial JAG allocation amount to determine if the state allocation is less than the minimum award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds. Each of the remaining states receives the minimum award plus an additional amount based on its share of violent crime and population. 3. Dividing each state’s final award amount (except for the territories and the District of Columbia) between the state and its units of local governments at rates of 60 and 40 percent, respectively. 4. Determining units of local government award allocations, which are based on their proportion of the state’s 3-year violent crime average. If the “eligible award amount” for a particular unit of local government, as determined on this basis, is $10,000 or more, then the unit of local government is eligible to apply directly to OJP (under the JAG Local Solicitation) for a JAG award. If the “eligible award amount” for a particular unit of local government, as determined on this basis, is less than $10,000, however, the funds are not made available for a direct award to that particular unit of local government, but instead are added to the amount that is awarded to the state Allocation Determination and Units of Local Government Requirements Regarding Use of JAG Funds Eligible allocations under JAG are posted annually on the JAG web page. According to the JAG Program statute, a “disparity” may exist between the funding eligibility of a county and its associated municipalities. See 34 U.S.C. § 10156(d)(4). Units of local government identified by BJA as disparate must select a fiscal agent that will submit a joint application for the allocation to include all disparate municipalities. A memorandum of understanding (MOU) that identifies which jurisdiction will serve as the applicant or fiscal agent for joint funds must be completed and signed by the authorized representative for each participating jurisdiction. Once an award is made, the fiscal agent will be responsible for distributing award funds to the other jurisdictions in the disparate group through subawards that include all appropriate award conditions. To verify eligibility on the JAG web page, an applicant should click on its respective state and note the following regarding the state’s allocation table: Page 5 of 23 O-BJA-2022-171368 1. Disparate units of local government are listed in shaded groups, in alphabetic order by county. Units of local government identified as disparate must select one unit of local government to submit an application on behalf of the disparate group. 2. Counties that have an asterisk (*) under the “Direct Allocation" column did not submit the level of violent crime data to qualify for a direct award from BJA but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required MOU. 3. Direct allocations are listed alphabetically below the shaded disparate groupings. Please note that disparate jurisdictions do not need to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a funding disparity are responsible for determining individual amounts within the Eligible Joint Allocation and documenting individual allocations in the MOU. Statutory Program Areas In general, JAG funds awarded to a unit of local government under the FY 2022 program may be used to hire additional personnel and/or purchase equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following program areas: Law enforcement programs Prosecution and court programs Prevention and education programs Corrections and community corrections programs Drug treatment and enforcement programs Planning, evaluation, and technology improvement programs Crime victim and witness programs (other than compensation) Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams Note that the statute defines “criminal justice” as “activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies, and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency.” BJA Areas of Emphasis BJA recognizes that many state and local criminal justice systems currently face challenging fiscal environments and an important, cost-effective way to relieve those pressures is to share or leverage resources through cooperation among federal, state, and local law enforcement. Key areas of priority for BJA include: Combatting Hate Crime, Promoting Public Trust between Communities and Criminal Justice Agencies, Reducing Violent Crime, Community Violence Intervention (CVI), Addressing COVID-19 Criminal Justice Challenges and Sustaining Innovations, and Crime Analysis and Investigation. BJA encourages each recipient of FY 2022 JAG funds to join federal law enforcement agencies in addressing these challenges. Additional details on the BJA areas of emphasis can be found below: Combatting Hate Crime: Hate crimes (sometimes called bias-motivated crimes) are criminal offenses motivated by some form of bias toward victims on the basis of their perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. As noted in the June 21, 2021, BJA Acting Director Mahoney Letter to JAG State Administering Agency (SAA) Directors and the January 26, 2022, DOJ Associate Attorney General Gupta Letter to SAA Directors, JAG funds may be used to prevent and respond to hate crimes and bias-motivated attacks. BJA encourages JAG recipients to utilize funding to prioritize efforts to identify, investigate, report, and prevent hate crimes and hate incidents; increase public awareness and expand/enhance the reporting of hate crimes; enhance the capacity of law enforcement and prosecutors to prevent and address hate crimes through education, training, and tools to investigate and prosecute hate crime cases; increase collaboration between federal, state, local, tribal, and territorial Page 6 of 23 O-BJA-2022-171368 (SLTT) law enforcement and prosecution agencies in their investigation and prosecution of hate crimes; assist SLTT law enforcement with training in identifying and classifying hate crimes and update these crimes in their entries in the National Incident-Based Reporting System (NIBRS); create state-run hate crime reporting hotlines that direct individuals to law enforcement, if appropriate; and fund victim support services. More information on BJA’s hate crimes portfolio, including the Emmett Till Cold Case Investigations and Matthew Shepard and James Byrd, Jr. Hate Crimes programs, can be found at Hate Crime | Bureau of Justice Assistance (ojp.gov). Promoting Public Trust between Communities and Criminal Justice Agencies: For many communities, recent high profile incidences of excessive uses of force have contributed to strained relationships and a lack of confidence in law enforcement, courts, and prosecutors. Justice system practitioners’ ability to address crime and collaborate with the public depends on having trust and legitimacy with the communities they serve. Criminal justice agencies must work together to renew and strengthen relationships with community members and leaders in order to elevate public confidence and trust in law enforcement, the courts, prosecutors, defense counsel, and corrections; reduce crime; and ensure that the rights of all are protected. In his January 21, 2022, remarks to the U.S. Conference of Mayors, Attorney General Garland stated, “…promoting public trust between communities and law enforcement is essential to making both communities and policing safer. The department will continue to fulfill its duty to ensure the constitutional policing practices that promote the accountability necessary to build that public trust.” As such, BJA encourages SLTT jurisdictions to utilize JAG funding in support of projects that aim to partner police and community organizations and advance constitutional policing practices that create the transparency and accountability necessary to build public trust. The practices include, but are not limited to: eliminating racial profiling and implicit bias, eliminating excessive force and chokeholds, eliminating “no-knock” warrants in drug cases, eliminating contractual arrangements that prevent investigations of law enforcement misconduct, and prohibiting sexual contact between police and persons in their custody. BJA also encourages SLTT jurisdictions to utilize JAG funding in support of projects that aim to increase trust and confidence in prosecutorial, defense, and court practices such as neighborhood-focused community courts programs and building capacity and tools to protect constitutional rights under the Sixth Amendment. Reducing Violent Crime: Although the Federal Bureau of Investigation (FBI) Uniform Crime Report (UCR) Crime in the United States publications for 2020 and 2021 are not yet available, there are other indicators to suggest that certain types of violent crime increased in many areas. According to an analysis of 27 cities conducted by the Council on Criminal Justice, incidents of homicide increased 5 percent over 2020, which had already seen a 44 percent increase in homicides over 2019. Also, preliminary data compiled by the National Law Enforcement Officers Memorial Fund (NLEOMF) indicates that as of December 31, 2021, 458 federal, state, tribal, and local law enforcement officers died in the line of duty in 2021. This is an increase of 55 percent from the 295 officers killed during the same period in 2020 and is the highest total line-of-duty officer deaths since 1930 when there were 312 fatalities. In addition, the past year has seen an unprecedented increase in threats of violence against Americans who administer the election process in our country. In June of 2021, the Biden-Harris Administration announced a Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety to stem the flow of firearms used to commit violence including by holding rogue firearms dealers accountable for violating federal laws; supporting local law enforcement with federal tools and resources to help address summer violent crime; investing in evidence- based community violence interventions; expanding summer programming, employment opportunities, and other services and supports for teenagers and young adults; and helping formerly incarcerated individuals successfully reenter their communities. Recognizing that violent crime and the drivers of that crime vary from community to community, BJA encourages JAG grantees to invest funds to tailor programs and responses to state and local crime issues through the use of data and analytics; coordinate with United States Attorneys and Project Safe Neighborhoods grantees in order to leverage funding for violence reduction projects, and coordinate their law enforcement activities with those of federal law enforcement agencies such as the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the United States Marshals Service, and the Department of Homeland Security (DHS); and form partnerships with federal, state, and local law enforcement and prosecutors to identify persons who use guns in the commission of a Page 7 of 23 O-BJA-2022-171368 crime and who purchase or sell guns illegally. This includes ensuring that persons prohibited from purchasing firearms (see e.g.,18 U.S.C. § 922(g)) are deterred from doing so by enhancing complete, accurate, and timely access to the FBI’s National Instant Criminal Background Check System (NICS) and the submission of all necessary records to the FBI databases in a timely fashion, thereby helping to prevent illegal transfers of firearms to those who are prohibited from owning firearms under current law. In addition, in June 2021, DOJ issued guidance regarding threats against election workers and a task force to address the rise in such threats. BJA also sent a letter to SAA Directors to address the rise in such threats. BJA also sent a letter to SAA Directors clarifying that JAG funds can be used to deter, detect, and protect against threats of violence against election workers, administrators, officials, and others associated with the electoral process. BJA encourages JAG recipients to utilize funds to prevent and respond to violent threats of this kind. Community Violence Interventions: In April 2021, the Biden-Harris Administration announced historic investments in community violence intervention (CVI) efforts to combat the gun violence epidemic. CVI is an approach that uses evidence-informed strategies to reduce violence through tailored, community- centered initiatives. These multidisciplinary strategies engage individuals and groups to prevent and disrupt cycles of violence and retaliation and establish relationships between individuals and community assets to deliver services that save lives, address trauma, provide opportunity, and improve the physical, social, and economic conditions that drive violence. CVI strategies typically focus on high risk individuals and gang and gun violence, as well as the historical and structural challenges that often contribute to community violence. CVI strategies should involve holistic, coordinated interventions attending to the multiple needs of individuals at high risk of gang and gun violence. For example, hospital-based violence intervention programs use credible messengers to connect with victims of gun violence while they are still in the hospital, and then wraparound services are typically deployed such as behavioral health supports, employment access, housing advocacy, and family supports. visit https://bja.ojp.gov/program/community- violence-intervention/overview. BJA encourages JAG recipients to invest JAG funds to tailor programs and responses to CVI in an effort to build strong, sustained partnerships with community residents and organizations to support CVI work in communities most impacted by violent crime. CVI strategies will be highlighted on BJA’s National Training and Technical Assistance Center (NTTAC) website, and jurisdictions looking to implement those strategies can request training and technical assistance (TTA) on the NTTAC website. Addressing COVID-19 Criminal Justice Challenges and Sustaining Innovations: As a result of the COVID-19 pandemic, SLTT criminal justice agencies implemented various community mitigation policies to prevent and reduce the spread of COVID-19. Courts at every level were forced to cancel or significantly scale back proceedings, which commonly included suspending in-person hearings, granting extensions of court deadlines and waivers of speedy trials, restricting access to court buildings, and postponing jury trials. This created a backlog of cases, which impacted criminal court operations and court staff, victims, and witnesses, as well as defendants. To address backlogs and other consequences of the necessary mitigation policies, SLTT agencies created innovative ways to administer justice. While many of these innovations had an up-front cost, they hold significant potential to be cost saving and efficient over time. For example, correctional facilities have enabled virtual programming, education, medical appointments, and family visits, as well as efforts to reduce incarcerated populations. Police departments have hosted virtual community engagement events and opportunities, and courts and community corrections have increased the use of virtual staffing, status hearings, client visits, and access to treatment and support services. In addition, resources have supported the purchase of technology like headsets and Wi-Fi hotspots to ensure confidentiality of defense counsel with clients, as well as partnerships with community partners to host outdoor events like drug court graduations. It is important for SLTT agencies to sustain innovations that improved both the efficiency and effectiveness of justice system operations, and BJA encourages JAG recipients to utilize funds for continued innovation sustainment activities and to continue to address the backlog of cases. This could include the purchase of technology to enhance the use of virtual tools to conduct outreach to witnesses and defendants, as well as for hearings and status conferences, staffing, and enhancing access to services; resources to assist the jurisdiction to develop or enhance its case management system to assess and work to eliminate the backlog of cases; building tools to support diversion and alternatives to incarceration as part of the review of backlogged cases; and technology and equipment to retrofit court houses and staff to mitigate risks to staff and those coming to court. In addition to Page 8 of 23 O-BJA-2022-171368 or in conjunction with support for technology, BJA encourages SLTT agencies to address backlogs by instituting triage and other case-processing improvements, including diversion practices, by prosecutors and courts pretrial, as well as the implementation of legal and nonlegal navigators to guide and support defendants through the legal process. Crime Analysis and Investigation: With the recent increases in violent crime, crime analysis and investigations have become increasingly vital. Law enforcement agencies that have robust analysis capabilities are better able to focus their limited resources in ways that directly improve public safety while protecting the rights of civilians. According to the International Association of Crime Analysts (IACA), “Crime analysis is both a profession and a set of techniques.” The professionals who perform crime analysis, and the techniques they use, are dedicated to helping law enforcement agencies become more effective through the use of relevant metrics, information, and analytical practices. This past year, ransomware has emerged as an international challenge affecting public sectors, private sectors, and even individuals. According to Cybersecurity and Infrastructure Security Agency (CISA) Alert (AA22-040A), “ransomware tactics and techniques continued to evolve in 2021, which demonstrates ransomware threat actors’ growing technological sophistication and an increased ransomware threat to organizations globally.” To combat this growing threat, DOJ, DHS, and other federal partners have launched a centralized repository of resources for organizations and individuals at StopRansomware.gov. This is a collaborative effort across the federal government and is the first joint website created to help private and public organizations mitigate their ransomware risk. BJA encourages JAG recipients to utilize funds to support crime analysis efforts, including the hiring of cybercrime analysts and investigators, as well as cybercrime training for state or local law enforcement and emergency dispatch personnel. Recipients utilizing grant funds to support technological devices, artificial intelligence, predictive analytics, and other data-driven solutions (“Technological enhancements”) directly should ensure those projects address the tenants of digital trust to include: how the technology will be carefully implemented through training of personnel and the setting and enforcement of policies governing its use to ensure that it contributes to positive outcomes for public safety, the community and/or the criminal justice system; and how the recipient will safeguard privacy, civil rights, and civil liberties throughout the duration of the project period. Additional Uses of JAG Funds JAG funds awarded under this FY 2022 solicitation may be used to: Enforce state and local laws that establish offenses similar to offenses established in 21 U.S.C. § 801 et seq. and/or improve the functioning of the criminal justice system, with emphasis on violent crime and serious offenses, by providing additional personnel, equipment, training, technical assistance, and information systems for the more widespread apprehension, prosecution, adjudication, detention, and rehabilitation of persons who violate these laws and assist the victims of such crimes (other than compensation). Support projects related to preventing, detecting, seizing, and/or stopping the presence and use of contraband cellphones within correctional facilities. This includes the purchasing of managed access systems and other mitigation technologies (as permitted by applicable law). Purchase fentanyl and methamphetamine detection equipment, including handheld instruments and training for law enforcement safety, as well as opioid reversal agents. Purchase drug-detection canines to combat the rise in drug trafficking, including that of methamphetamines. Support efforts to seal and expunge criminal history information in accordance with state laws and policies. Support efforts to attract and retain an all-inclusive, diverse, expert, and accountable law enforcement workforce. Support virtual reality de-escalation training. Purchase humane remote restraint devices that enable law enforcement to restrain an uncooperative subject without requiring the infliction of pain. Purchase gunfire detection technology. Additionally, JAG funds awarded under this FY 2022 solicitation may be used for any purpose indicated here: Purposes for Which Funds Awarded under the Edward Byrne Memorial Justice Assistance Grants (JAG) Program May Be Used (ojp.gov). Page 9 of 23 O-BJA-2022-171368 Limitations on the Use of JAG Funds Administrative Costs Up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs associated with administering the award, which can include indirect costs. Supplanting JAG funds may not be used to supplant state or local funds, but must be used to increase the amounts of such funds that would, in the absence of federal funds, be made available. See the JAG FAQs for examples of supplanting. Although supplanting is prohibited, the leveraging of federal funding is encouraged. Matching Funds Absent specific federal statutory authority to do so, JAG award funds may not be used as a match for other federal awards. Prohibited Expenditures and Associated Procedures under JAG The JAG statute, at 34 U.S.C. § 10152(d),specifically identifies a list of prohibited items. JAG funds provided under this part may NOT be used, directly or indirectly, to provide any of the following: (1) Any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety. (2) Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of such funds to provide such matters essential to the maintenance of public safety and good order: Vehicles, vessels, or aircraft* Luxury items Real estate Construction projects (other than penal or correctional institutions) Any similar matters *Police cruisers, police boats, and police helicopters are allowable vehicles under JAG and do not require BJA certification. For purposes of JAG, a vehicle is considered a “police cruiser” only if it is used in the ordinary course for routine police patrol within the United States. Vehicles (including motorcycles, SUVs, and ATVs) used as “police cruisers” are not prohibited under JAG, and therefore may be acquired with JAG funds in the ordinary course, to the extent otherwise allowable under the award. For more information, please see the “prohibited expenditure list” at: JAG Prohibited and Controlled Expenditures Guidance. Please refer to the JAG FAQs for details on how to request prior approval (a waiver) from BJA to utilize JAG funds for prohibited item(s). Note: The use of BJA grant funds for unmanned aircraft systems (UAS), including unmanned aircraft vehicles (UAV), and/or any accompanying accessories to support UAS or UAV devices/systems, is unallowable. Other Program Requirements A unit of local government that applies for and receives an FY 2022 JAG award must note the following: Trust Fund — Units of local government may draw down JAG funds either in advance or on a reimbursement basis. To draw down in advance, a trust fund must be established in which to deposit the funds. The trust fund must be in an interest-bearing account, unless one of the exceptions in 2 C.F.R. § 200.305(b)(8) apply. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit the funds. For additional information, see 2 C.F.R. § 200.305. Certifications and Assurances by the Chief Executive of the Applicant Government (which incorporates the 30- day governing body review requirement) — A JAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g., the mayor) properly executes, and the unit of local government submits, the “Certifications and Assurances by the Chief Executive of the Applicant Government.” The most up-to-date version of this certification can be found at: FY 2022 Byrne JAG — Certifications and Assurances by the Chief Executive of the Applicant Government (ojp.gov). Please note that this certification takes the place of the review narrative attachment and contains Page 10 of 23 O-BJA-2022-171368 assurances that the governing body notification and public comment requirements, which are required under the JAG statute (at 34 U.S.C. § 10153(a)(2)), have been satisfied. OJP will not deny an application for an FY 2022 award for failure to submit these “Certifications and Assurances by the Chief Executive of the Applicant Government” by the application deadline, but a unit of local government will not be able to access award funds (and its award will include a condition that withholds funds) until it submits these certifications and assurances, properly executed by its respective chief executive (e.g., the mayor). Body-worn Cameras (BWCs) — A JAG award recipient that proposes to use FY 2022 funds to purchase BWC equipment or implement or enhance BWC programs must provide to OJP a certification(s) that each direct recipient receiving the equipment or implementing the program has policies and procedures in place related to BWC equipment usage, data storage and access, privacy considerations, and training. The certification form related to BWC policies and procedures can be found at: Edward Byrne Memorial Justice Assistance Grant (JAG) Program — Body-worn Camera (BWC) Policy Certification (ojp.gov). A JAG award recipient that proposes to use funds for BWC-related expenses will have funds withheld until the required certification is submitted and approved by OJP. If the JAG award recipient proposes to change project activities to utilize JAG funds for BWC-related expenses after the award is accepted, the JAG award recipient must submit the signed certification to OJP at that time. Further, before making any subaward for BWC-related expenses, the JAG award recipient must collect a completed BWC certification from the proposed subrecipient. Any such certifications must be maintained by the JAG award recipient and made available to OJP upon request. The BJA BWC Toolkit provides model BWC policies and best practices to assist criminal justice departments in implementing BWC programs. Apart from the JAG Program, BJA provides funds under the Body-worn Camera Policy and Implementation Program (BWCPIP). BWCPIP allows jurisdictions to develop and implement policies and practices required for effective program adoption; and to address program factors including the purchase, deployment, and maintenance of camera systems and equipment; data storage and access; and privacy considerations. Interested JAG award recipients may wish to refer to the BWC Program web page for more information. JAG award recipients that are also BWC award recipients may not use JAG funds for any part of the 50 percent match required by the BWC Program. Body Armor — Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the following requirements are met: The body armor must have been tested and found to comply with the latest applicable National Institute of Justice ballistic or stab standards ( https://cjtec.org/compliance-testing-program/compliant-product-lists/). In addition, body armor purchased must be made in the United States. Finally, body armor purchased with JAG funds must be “uniquely fitted vests,” which means protective (ballistic or stab-resistant) armor vests that conform to the individual wearer to provide the best possible fit and coverage through a combination of: (1) correctly sized panels and carrier determined through appropriate measurement, and (2) properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features. Note that the requirement that body armor be "uniquely fitted" does not necessarily require body armor that is individually manufactured based on the measurements of an individual wearer. In support of OJP’s efforts to improve officer safety, the American Society for Testing and Materials (ASTM) International has made available the Standard Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003) at no cost. The Personal Armor Fit Assessment Checklist is excerpted from ASTM E3003. A JAG award recipient that proposes to use FY 2022 award funds to purchase body armor must provide OJP with a certification(s) that each law enforcement agency receiving body armor has a written “mandatory wear” policy in effect* (see 34 U.S.C. § 10202(c)). The certification form related to mandatory wear can be found at: Justice Assistance Grant (JAG) Program — Body Armor Mandatory Wear Policy Certification (ojp.gov).Note: A JAG award recipient that proposes to use funds for the purchase of body armor will have funds withheld until the required certification is submitted and approved by OJP. If the JAG award recipient proposes to change project activities to utilize funds for the purchase body armor after the award is accepted, the award recipient must submit the signed certification to OJP at that time. Page 11 of 23 O-BJA-2022-171368 Further, before making any subaward for the purchase of body armor, the JAG award recipient must collect a completed mandatory wear certification from the proposed subrecipient. Any such certifications must be maintained by the JAG award recipient and made available to OJP upon request. Apart from the JAG Program, BJA provides funds under the Patrick Leahy Bulletproof Vest Partnership (BVP) Program. The BVP Program provides funding to state and local law enforcement agencies for the purchase of ballistic-resistant and stab-resistant body armor. For more information on the BVP Program, including eligibility and an application, refer to the BVP web page. JAG award recipients should note, however, that funds may not be used as any part of the 50 percent match required by the BVP Program. *A mandatory wear concept and issues paper and a model policy are available from the BVP Customer Support Center, which can be contacted at vests@usdoj.gov or toll free at 1–877–758–3787. Additional information and FAQs related to the mandatory wear policy and certifications can be found in the JAG FAQs. Interoperable Communications — Units of local government (including any subrecipients) that are using FY 2022 JAG funds for emergency communications activities should comply with the SAFECOM Guidance for Emergency Communication Grants (SAFECOM Guidance), including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is an essential resource for entities applying for federal financial assistance for emergency communications projects. It provides general information on eligible activities, technical standards, and other terms and conditions that are common to most federal emergency communications programs. Specifically, the SAFECOM Guidance provides guidance to applicants on: Recommendations for planning, coordinating, and implementing projects. Emergency communications activities that can be funded through federal grants. Best practices, policies, and technical standards that help to improve interoperability. Resources to help grant recipients comply with technical standards and grant requirement SAFECOM Guidance is recognized as the primary guidance on emergency communications grants by the Administration, Office of Management and Budget, and federal grant program offices. CISA updates the document every year in close coordination with federal, state, local, tribal, and territorial stakeholders and partners. SAFECOM Guidance is applicable to all federal grants funding emergency communications. The most recent version of the SAFECOM Guidance is available at https://www.cisa.gov/safecom/funding. Additionally, emergency communications projects funded with FY 2022 JAG funds should support the Statewide Communication Interoperability Plan (SCIP) and be coordinated with the full-time statewide interoperability coordinator (SWIC) in the state of the project. As the central coordination point for a state’s interoperability effort, the SWIC plays a critical role and can serve as a valuable resource. SWICs are responsible for the implementation of SCIP through coordination and collaboration with the emergency response community. CISA maintains a list of SWICs for each state and territory. Contact ecd@cisa.dhs.gov for more information. All communications equipment purchased with FY 2022 JAG Program funding should be identified during the quarterly performance measurement reporting. DNA Testing of Evidentiary Materials and Uploading DNA Profiles to a Database — If JAG Program funds are to be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), the national DNA database operated by the FBI, by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other nongovernmental DNA database without prior written approval from BJA (exceptions include forensic genealogy). Additionally, award recipients utilizing JAG funds for forensic genealogy testing must adhere to the DOJ Interim Policy Forensic Genealogical DNA Analysis and Searching available at https://www.justice.gov/olp/page/file/1204386/download. For more information about DNA testing as it pertains to JAG, please refer to the JAG FAQs. Entry of Records into State Repositories — As appropriate and to the extent consistent with law, a special condition will be imposed that would require the following: Any program or activity that receives federal financial assistance under JAG that is likely to generate court dispositions or other records relevant to NICS determinations, including any dispositions or records that involve any noncitizen or migrant who is undocumented in the United States (18 U.S.C. § 922(g)(5)(A), must have a system in place to ensure that all such NICS-relevant Page 12 of 23 O-BJA-2022-171368 dispositions or records are made available in a timely fashion. National Incident-based Reporting System (NIBRS) — In FY 2016, the FBI formally announced its intention to sunset the UCR program’s traditional Summary Reporting System (SRS) and replace it with NIBRS by January 1, 2021. By statute, BJA JAG awards are calculated using summary part 1 violent crime data from the FBI’s UCR program. Specifically, the formula allocations for JAG rely heavily on the ratio of “the average number of part 1 violent crimes of the UCR of the FBI reported by such state for the three most recent years reported by such state to the average annual number of such crimes reported by all states for such years” (34 U.S.C. 10156(a)(1) (B)). Further, the local allocations rely on the ”average annual number of part 1 violent crimes reported by such unit to the Federal Bureau of Investigation for the 3 most recent calendar years for which such data is available bears to the number of part 1 violent crimes reported by all units of local government in the State in which the unit is located to the Federal Bureau of Investigation for such years” (34 U.S.C. 10156(d)(2)(A). In preparation for the FBI’s 2021 NIBRS compliance deadline, BJA imposed an administrative requirement for JAG award recipients that are not NIBRS compliant to dedicate 3 percent of their JAG award toward coming into full compliance with the FBI’s NIBRS data submission requirement to both encourage and assist jurisdictions in working toward compliance and ensure they continued to have critical criminal justice funding available through JAG when SRS transitioned to NIBRS. A NIBRS set-aside is NOT required for FY 2022 awards; however, JAG recipients are encouraged to continue working toward and/or maintaining NIBRS compliance to ensure that JAG eligibility is not affected in future fiscal years. More information about NIBRS, including toolkits and updates from the FBI Criminal Justice Information Services team, can be found at NIBRS — FBI. Goals, Objectives, Deliverables, and Timeline Goals In general, the FY 2022 JAG Program is designed to provide units of local government with additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. Objectives The objectives are directly related to the JAG Program accountability measures described at https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/jag-pmt-accountability-measures.pdf. Deliverables A unit of local government that receives an FY 2022 JAG award will be required to produce various types of reports including quarterly financial reports, quarterly performance reports, and semi-annual progress reports in JustGrants. The Goals, Objectives, and Deliverables are directly related to the performance measures that show the completed work’s results, as discussed in the “Application and Submission Information” section. Evidence-Based Programs or Practices OJP strongly encourages the use of data and evidence in policymaking and program development for criminal justice, juvenile justice, and crime victim services. For additional information and resources on evidence-based programs or practices, see the OJP Grant Application Resource Guide. Information Regarding Potential Evaluation of Programs and Activities OJP may conduct or support an evaluation of the programs and activities funded under this solicitation. For additional information, see the OJP Grant Application Resource Guide section entitled “Information Regarding Potential Evaluation of Programs and Activities.” Federal Award Information General Guidance for Federal Award Total number of awards BJA expects to make:1198 Maximum dollar amount for each award: $4,283,151 Page 13 of 23 O-BJA-2022-171368 Total amount to be awarded under solicitation: $92,888,141 Period of performance start date: October 1, 2021 Period of performance duration:24–48 months Category 1 — Eligible Allocation Amounts of Less than $25,000: Units of local government that are listed on the JAG web page as eligible for an allocation amount of less than $25,000 should apply under Category 1. This includes direct and joint (disparate) allocations. Category 1 awards of less than $25,000 are 2 years in length. Extensions of up to 2 years can be requested for these awards via JustGrants no fewer than 30 days prior to the project period end date and will be automatically granted upon request. Category 2 — Eligible Allocation Amounts of $25,000 or More: Units of local government that are listed on the JAG web page as eligible for an allocation amount of $25,000 or more should apply under Category 2. This includes direct and joint (disparate) allocations. Category 2 awards of at least $25,000 are 4 years in length. Extensions beyond this period may be made on a case-by-case basis at the discretion of BJA and must be requested via JustGrants no fewer than 30 days prior to the project period end date Availability of Funds This solicitation and awards (if any are made) under this solicitation are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by the agency or by law. In addition, nothing in this solicitation is intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States; its departments, agencies, or entities; its officers, employees, or agents; or any other person. The allocations for the FY 2022 JAG Program can be found at: Fiscal Year (FY) 2022 Local Edward Byrne Memorial Justice Assistance Grant (JAG) Allocations (ojp.gov). Solicitation Categories Competition ID Category * Number of Awards Dollar Amount for Award Performance Start Date Performance Duration (Months) C-BJA-2022-00154-PROD Category 1 - Applicants with eligible allocation amounts of less than $25,000 618 $9,450,338.00 10/1/21 12:00 AM 24 C-BJA-2022-00155-PROD Category 2 - Applicants with eligible allocation amounts of $25,000 or more 580 $83,437,803.00 10/1/21 12:00 AM 48 Types of Awards BJA expects to make awards under this solicitation as grants. See the “Administrative, National Policy, and Other Legal Requirements” section of the OJP Grant Application Resource Guide for a brief discussion of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants. Financial Management and System of Internal Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities) must, as described in the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.303, comply with standards for financial and program management. See the OJP Grant Application Resource Guide for additional information. Budget Information This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the “Limitation on Use of Award Funds for Employee Compensation; Waiver” provision in the “Financial Information” section of the OJP Grant Application Resource Guide. Page 14 of 23 O-BJA-2022-171368 General requirement for federal authorization of any subaward; statutory authorization of subawards under the JAG Program statute. Generally, a recipient of an OJP award may not make subawards (“subgrants”) unless the recipient has specific federal authorization to do so. Unless an applicable statute or DOJ regulation specifically authorizes (or requires) particular subawards, a recipient must have authorization from OJP before it may make a subaward. However, JAG subawards that are required or specifically authorized by statute (see 34 U.S.C. § 10152(a) and 34 U.S.C. § 10156) do not require prior approval. For additional information regarding subawards and authorizations, please refer to the subaward section in the OJP Grant Application Resource Guide. Unmanned Aircraft Systems The use of BJA grant funds for unmanned aircraft systems (UAS), including unmanned aircraft vehicles (UAV), and/or any accompanying accessories to support UAS or UAV devices/systems, is unallowable. Cost Sharing or Matching Requirement This solicitation does not require a match. Pre-agreement Costs (also known as Pre-award Costs) See the OJP Grant Application Resource Guide for information on Pre-agreement Costs (also known as Pre- award Costs). Limitation on Use of Award Funds for Employee Compensation: Waiver This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the “Limitation on Use of Award Funds for Employee Compensation; Waiver” provisions in the “Financial Information” section of the OJP Grant Application Resource Guide. Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs See the OJP Grant Application Resource Guide for information on Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs. Costs Associated with Language Assistance (if applicable) See the OJP Grant Application Resource Guide for information on Costs Associated with Language Assistance. Eligibility Information For eligibility information, see the solicitation cover page. For information on cost sharing or matching requirements, see the “Federal Award Information" section. Application and Submission Information See the “Application Elements and Formatting Instructions” section of the OJP Grant Application Resource Guide for information on what happens to an application that does not contain all the specified elements or is nonresponsive to the scope of the solicitation. Information to Complete the Application for Federal Assistance (SF-424) The SF-424 must be submitted in Grants.gov. It is a required standard form used as a cover sheet for submission of pre-applications, applications, and related information. See the OJP Grant Application Resource Guide for additional information on completing the SF-424. In Section 8F of the SF-424, please include the name and contact information of the individual who will Page 15 of 23 O-BJA-2022-171368 complete application materials in JustGrants. JustGrants will use this information (email address) to assign the application to this user in JustGrants. Intergovernmental Review: This solicitation (“funding opportunity”) is subject to Executive Order 12372. An applicant may find the names and addresses of state Single Points of Contact (SPOCs) at the following website: https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf. If the applicant’s state appears on the SPOC list, the applicant must contact its SPOC to find out about, and comply with, the state’s process under E.O. 12372. In completing the SF-424, an applicant whose state appears on the SPOC list is to make the appropriate selection in response to question 19 once the applicant has complied with its state E.O. 12372 process. An applicant whose state does not appear on the SPOC list should answer question 19 by selecting the response that the: “Program is subject to E.O. 12372 but has not been selected by the state for review.” Standard Applicant Information (JustGrants 424 and General Agency Information) The Standard Applicant Information section of the JustGrants application is pre-populated with the SF-424 data submitted in Grants.gov. The applicant will need to review the Standard Applicant Information in JustGrants and make edits as needed. Within this section, the applicant will need to add: zip codes for areas affected by the project; confirm its Authorized Representative; and verify and confirm the organization’s unique entity identifier, legal name, and address. Proposal Narrative The proposal narrative should be submitted as an attachment in JustGrants. The attached document should be double-spaced, using a standard 12-point Times New Roman font, and have no less than 1-inch margins. Pages should be numbered and submitted as an attachment. Category 1 — Eligible Allocation Amounts of Less than $25,000 The proposal narrative for Category 1 applications should include a description of the project(s), including subawards, if applicable, to be funded with JAG funds over the 2-year grant period. Category 2 — Eligible Allocation Amounts of $25,000 or More The proposal narrative for Category 2 applications should include: a. Description of the Issue — Identify the unit of local government’s strategy/funding priorities for the FY 2022 JAG funds, the subgrant award process (if applicable, including disparates) and timeline, any progress or challenges, and a description of the programs to be funded over the 4-year grant period. b. Project Design and Implementation — Describe the unit of local government’s strategic planning process, if any, that guides its priorities and funding strategy. This should include a description of how the local community is engaged in the planning process and the data and analysis utilized to support the plan. It should identify the stakeholders currently participating in the strategic planning process, the gaps in the needed resources for criminal justice purposes, and how JAG funds will be coordinated with state and related justice funds. c. Capabilities and Competencies — Describe any additional strategic planning/ coordination efforts in which the units of local government participate with other criminal justice entities within the local jurisdiction. Plan for Collecting the Data Required for this Solicitation’s Performance Measures d. Plan for Collecting the Data Required for this Solicitation’s Performance Measures —OJP will require each successful applicant to submit specific performance data that show the completed work’s results. The performance data directly relate to the objectives previously identified under "Objectives.” Applicants should visit OJP’s performance measurement page at www.ojp.gov/performance for an overview of performance measurement activities at OJP. The application should demonstrate the applicant’s understanding of the performance data reporting requirements for this grant program and detail how the applicant will gather the required data should it Page 16 of 23 O-BJA-2022-171368 receive funding. Note: Applicants are not required to submit performance data with the application. Rather, performance measure information is included as an alert that successful applicants will be required to submit performance data as part of each award’s reporting requirements. BJA will require award recipients to submit performance measure data in BJA’s PMT located at https://bjapmt.ojp.gov and separately submit an annual (Category 1 recipients) or semi-annual (Category 2 recipients) performance report in JustGrants. BJA will provide further guidance on the post-award submission process, if selected for award. Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations must follow the guidance in the “Note on Project Evaluations” section in the OJP Grant Application Resource Guide. Budget and Associated Documentation Budget Worksheet and Budget Narrative (attachment) The applicant will complete the budget worksheet attachment and submit it by uploading it as an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional information. The budget narrative and budget worksheet (attachment) are critical elements, and applicants will be unable to successfully submit an application in JustGrants unless an attachment is uploaded in this section. If an applicant does not have a budget to submit at the time of application, an attachment must be uploaded noting as such, and BJA will add the appropriate special condition withholding funds for budget documentation. Please note that the budget narrative should include a full description of all costs, including administrative costs (if applicable). Indirect Cost Rate Agreement (if applicable) The applicant will submit its indirect cost rate agreement by uploading it as an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional information. This rule does not eliminate or alter the JAG-specific restriction in federal law that states charges for administrative costs may not exceed 10 percent of the award amount, regardless of the approved indirect cost rate. Financial Management Questionnaire (including applicant disclosure of high-risk status) The applicant will download the questionnaire, complete it, and submit it by uploading it as an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional information and the link to the questionnaire. Disclosure of Process Related to Executive Compensation This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating its “Disclosure of Process Related to Executive Compensation” provisions. Applicants to this solicitation are not required to provide this disclosure. Additional Application Components The applicant will attach the requested documentation in JustGrants. Research and Evaluation Independence and Integrity Statement If an application proposes research (including research and development) and/or evaluation, the applicant must Page 17 of 23 O-BJA-2022-171368 demonstrate research/evaluation independence and integrity, including appropriate safeguards, before it may receive award funds. The applicant will submit documentation of its research and evaluation independence and integrity by uploading it as an attachment in JustGrants. For additional information, see the OJP Grant Application Resource Guide. Certifications and Assurances by the Chief Executive of the Applicant Government A JAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g., the mayor) properly executes, and submits, the “Certifications and Assurances by the Chief Executive of the Applicant Government” attached in the section above entitled “Other Program Requirements.” The most up-to-date certification form can be found at: FY 2022 Byrne JAG — Certifications and Assurances by the Chief Executive of the Applicant Government (ojp.gov). Disclosures and Assurances The applicant will address the following disclosures and assurances. Disclosure of Lobbying Activities Complete and submit the SF-LLL in Grants.gov. See the OJP Grant Application Resource Guide for additional information. DOJ Certified Standard Assurances Review and accept the DOJ Certified Standard Assurances in JustGrants. See the OJP Grant Application Resource Guide for additional information. Applicant Disclosure of Duplication in Cost Items Complete the JustGrants web-based Applicant Disclosure of Duplication in Cost Items form. See the OJP Grant Application Resource Guide for additional information. DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Review and accept the DOJ Certified Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; and Law Enforcement and Community Policing in JustGrants. See the OJP Grant Application Resource Guide for additional information. Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable) If applicable, submit the DOJ High Risk Disclosure and Justification as an attachment in JustGrants. A DOJ High Risk Grantee is an award recipient that has received a DOJ High Risk designation based on a documented history of unsatisfactory performance, financial instability, management system or other internal control deficiencies, or noncompliance with award terms and conditions on prior awards, or that is otherwise not responsible. See the OJP Grant Application Resource Guide for additional information. How to Apply Step 1: The applicant must submit the SF-424 and an SF-LLL in Grants.gov at https://www.grants.gov/web/grants/register.html. Step 2: The applicant must then submit the full application, including attachments, in JustGrants at JustGrants.usdoj.gov. For additional information, see the “How to Apply” section in the OJP Grant Application Resource Guide and the DOJ Application Submission Checklist. Page 18 of 23 O-BJA-2022-171368 Submission Dates and Time The SF-424 and the SF-LLL must be submitted in Grants.gov by August 10, 2022 at 8:59 p.m. eastern time. The full application must be submitted in JustGrants by August 11, 2022 at 8:59 p.m. eastern time. OJP urges applicants to submit their Grants.gov and JustGrants submissions prior to the due dates to allow sufficient time to correct errors and resubmit by the submission deadlines if a rejection notification is received. To be considered timely, the full application must be submitted in JustGrants by the JustGrants application deadline. Experiencing Unforeseen Technical Issues An applicant that experiences unforeseen SAM.gov, Grants.gov, or JustGrants technical issues beyond its control that prevent application submission by the deadline must demonstrate all efforts in requesting technical support in order to submit an application by the deadline. Technical support is available via phone and email to the applicable SAM.gov, Grants.gov, or JustGrants support centers or service desks in which an applicant received a ticket number for resolution. If an applicant misses a deadline due to unforeseen technical difficulties, the applicant may request a waiver to submit an application after the deadline. Note: If an applicant does not submit all the required Grants.gov forms by the Grants.gov deadline, the applicant will not be able to proceed to the JustGrants portion of the application process. An applicant experiencing technical difficulties with the following systems must contact the associated support desk indicated below to report the technical issue and receive a tracking number: Grants.gov — Contact the Grants.gov Customer Support Hotline. SAM.gov — Contact the SAM Help Desk (Federal Service Desk). JustGrants — Contact the JustGrants Support Desk at JustGrants.Support@usdoj.gov or 833–872–5175. An applicant requesting a waiver to submit a late application must document their request for technical assistance in an email to the OJP Response Center at grants@ncjrs.gov within 24 hours after the application deadline to request approval to submit its application after the deadline. If an applicant has technical issues with Grants.gov, the applicant must contact the OJP Response Center within 24 hours of the Grants.gov deadline to request approval to submit after the deadline. Waiver requests to submit after the submission deadline must: Describe the technical difficulties experienced. Include a timeline of the applicant's submission efforts (e.g., what date and time did the error occur, what date and time was action taken to resolve the issue and resubmit; and what date and time did support representatives respond). Include an attachment(s) of the complete grant application and all required documentation and material. Include the applicant's Unique Entity Identifier (UEI) and any applicable SAM.gov tracking number(s), Grants.gov Help Desk, and JustGrants Support Desk Ticket Numbers. OJP will review each request for late submission and required supporting documentation and notify the applicant whether the request has been approved or denied. For more details on the waiver process, OJP encourages applicants to review the “Experiencing Unforeseen Technical Issues” section in the OJP Grant Application Resource Guide. Application Review Information Review Process OJP reviews the application to make sure that the information presented is reasonable, understandable, measurable, achievable, and consistent with the solicitation. See the OJP Grant Application Resource Guide for information on the application review process for this solicitation. Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also reviews information related to the degree of risk posed by the applicant. Among other things to help assess whether an applicant with one or more prior federal awards has a satisfactory record with respect to performance, integrity, and business ethics, OJP checks whether the applicant is listed in SAM as excluded from receiving a federal award. In addition, if OJP anticipates that an award will exceed $250,000 in federal funds, OJP also must review and Page 19 of 23 O-BJA-2022-171368 consider any information about the applicant that appears in the non-public segment of the integrity and performance system accessible through SAM (currently, the Federal Awardee Performance and Integrity Information System, FAPIIS). Important note on FAPIIS: An applicant, at its option, may review and comment on any information about itself that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will consider such comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by the applicant. Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney General will make all final award decisions. Federal Award Administration Information Federal Award Notices See the OJP Grant Application Resource Guide for information on award notifications and instructions. Administrative, National Policy, and Other Legal Requirements If selected for funding, in addition to implementing the funded project consistent with the OJP-approved application, the recipient must comply with all award conditions and all applicable requirements of federal statutes and regulations, including the applicable requirements referred to in the assurances and certifications executed in connection with award acceptance. For additional information on these legal requirements, see the “Administrative, National Policy, and Other Legal Requirements” section in the OJP Grant Application Resource Guide. Information Technology (IT) Security Clauses An application in response to this solicitation may require inclusion of information related to information technology security. See the OJP Grant Application Resource Guide for information on information technology security. General Information about Post-Federal Award Reporting Requirements In addition to the deliverables described in the “Program Description” section, all award recipients under this solicitation will be required to submit certain reports and data. Category 1 — Eligible Allocation Amounts of Less than $25,000 Recipients must submit: Quarterly Federal Financial Reports (and one final Federal Financial Report after all funds have been obligated and expended) through OJP’s JustGrants system. Quarterly Performance Measurement Tool reports and a final Performance Measurement Tool report through BJA’s PMT. Please note that as soon as all project activity has concluded, that report may be marked final. An annual performance report and final progress report through OJP’s JustGrants. If all project activity has concluded at the time the first annual performance report is submitted, that report may be marked final. If applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Category 2 — Eligible Allocation Amounts of $25,000 or More Recipients must submit: Quarterly Federal Financial Reports (and one final Federal Financial Report after all funds have been Page 20 of 23 O-BJA-2022-171368 obligated and expended) through OJP’s JustGrants system. Quarterly Performance Measurement Tool reports and a final Performance Measurement Tool report (at any time once all project activity has concluded) through BJA’s PMT. Semi-annual performance reports and a final performance report (at any time once all project activity has concluded) through OJP’s JustGrants. If applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Accountability measurement data must be submitted through BJA’s Performance Measurement Tool, available at https://bjapmt.ojp.gov. The accountability measures are available at https://bjapmt.ojp.gov/help/jagdocs.html. (Note that if a unit of local government provides funding to a law enforcement agency, the unit of local government must submit quarterly accountability measurement data on training that officers have received on use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.) See the OJP Grant Application Resource Guide for additional information on specific post-award reporting requirements, including performance measure data. Federal Awarding Agency Contact(s) For OJP contact(s), see solicitation cover page. For contact information for Grants.gov, see the solicitation cover page. For contact information for JustGrants, see the solicitation cover page. Other Information Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) See the OJP Grant Application Resource Guide for information on the Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a). Provide Feedback to OJP See the OJP Grant Application Resource Guide for information on how to provide feedback to OJP. Application Checklist BJA FY 2022 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation This application checklist has been created as an aid in developing an application. The DOJ Application Submission Checklist is another resource. What an Applicant Must Do: Prior to registering in Grants.gov: Confirm your Entity’s System Award Management (SAM) Registration Information (see OJP Grant Application Resource Guide) To register in Grants.gov: Acquire an Authorized Organization Representative (AOR) and a Grants.gov username and password (see OJP Grant Application Resource Guide) Acquire AOR confirmation from the E-Business Point of Contact (E-Biz POC) (see OJP Grant Page 21 of 23 O-BJA-2022-171368 Application Resource Guide) To find the Funding Opportunity: Search for the Funding Opportunity in Grants.gov using the opportunity number, Assistance Listing, or keyword(s) Select the correct Competition ID Access the Funding Opportunity and Application Package (see Step 7 in the OJP Grant Application Resource Guide) Sign up for Grants.gov email notifications (optional) (see OJP Grant Application Resource Guide) Read Important Notice: Applying for Grants in Grants.gov Read OJP policy and guidance on conference approval, planning, and reporting available at https://www.ojp.gov/funding/financialguidedoj/iii-postaward-requirements#6g3y8 (see OJP Grant Application Resource Guide) Overview of Post-Award Legal Requirements: Review the “Overview of Legal Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2022 Awards” in the OJP Funding Resource Center. Review Scope Requirement: The federal amount requested is within the allowable limit(s) of the FY 2022 JAG Allocations List as listed at: FY 2022 Local JAG Allocations. Review Eligibility Requirement: Only units of local government may apply under this solicitation. By law, for purposes of the JAG Program, the term “units of local government” includes a town, township, village, parish, city, county, borough, or other general- purpose political subdivision of a state; or it may be a federally recognized American Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff. Prepare to submit the Application for Federal Assistance standard form (SF)-424 and Disclosure of Lobbying Activities form (SF-LLL) Review Information to complete the Application for Federal Assistance (SF-424) in Grants.gov Submit the Intergovernmental Review Complete Standard Applicant Information (SF-424 information from Grants.gov) Submit the SF-424 and SF-LLL in Grants.gov After the SF-424 and SF-LLL submission in Grants.gov, receive Grants.gov email notifications that: Submission has been received in Grants.gov Submission has either been successfully validated or rejected with errors (see OJP Grant Application Resource Guide) If no Grants.gov receipt and validation, or if error notifications are received: Contact the Grants.gov Customer Support Hotline at 800-518-4726, 606-545-5035, at Grants.gov customer support, or by email at support@grants.gov regarding technical difficulties (see OJP Grant Application Resource Guide) Page 22 of 23 O-BJA-2022-171368 Receive email notification to complete application in JustGrants: Proceed to complete application in JustGrants Content of Application Submission Proposal Narrative Budget and Associated Documentation Budget Worksheet and Budget Narrative (attachment) Indirect Cost Rate Agreement (if applicable) (see OJP Grant Application Resource Guide) Financial Management and System of Internal Controls Questionnaire (see OJP Grant Application Resource Guide) Additional Application Components Research and Evaluation Independence and Integrity (see OJP Grant Application Resource Guide) FY 2022 Byrne JAG — Certifications and Assurances by the Chief Executive of the Applicant Government (ojp.gov). Disclosures and Assurances Disclosure of Lobbying Activities (SF-LLL) (see OJP Grant Application Resource Guide) Applicant Disclosure of Duplication in Cost Items (see OJP Grant Application Resource Guide) DOJ Certified Standard Assurances (see OJP Grant Application Resource Guide) DOJ Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace Requirements (see OJP Grant Application Resource Guide) Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable) (see OJP Grant Application Resource Guide) Submit application in JustGrants: Application has been successfully submitted in JustGrants If no JustGrants application submission validation, or if error notifications are received: Contact the JustGrants Service Desk at JustGrants.Support@usdoj.gov or 833–872–5175 regarding technical difficulties. Page 23 of 23 O-BJA-2022-171368 Budget Narrative Richmond County (Georgia) Sheriff’s Office Other Costs Quantity Cost Total Taser 7 Bundle 20 $1,220.00 $52,098.00 Five (5) Year Extended Warranty 20 0 0 $52,098.00 These 20 units will be added to the Richmond County Sheriff’s Office Taser Program as the agency progresses towards the goal of 100% total issuance to all sworn/certified Sheriff’s Deputies. Grand Total $52,098.00 Program Abstract JAG Solicitation APPLICANT AGENCY: RICHMOND COUNTY (GEORGIA) SHERIFF’S OFFICE Project Title: (TASER 7 PROGRAM) PROJECT GOAL: PURCHASE ELECTRICAL WEAPONS (TASERS) Under the JAG Local Solicitation Program, the Richmond County Sheriff's Office (RCSO) proposes to purchase 20 conducted Electrical Weapons (Tasers). PROJECT STRATEGY: This program is designed specifically to enhance existing crime prevention and enforcement units. The strategy for implementation and execution is straight-forward – The goal shall be met through the obligation and expenditure of grant funding for these less-than-lethal weapons. PROJECT IDENTIFIER: LESS-THAN-LETHAL TARGET AREA/POPULATION: The area targeted for the program is Augusta/Richmond County and the citizens living within the area. According to the 2010 US Census Bureau, the area had a population of approximately 200,000 people. The Richmond County Sheriff’s Office (RCSO) is the agency responsible for law enforcement functions in Augusta/Richmond County Georgia. Currently RCSO has no partnerships for this program. Commission Meeting Agenda 12/6/2022 2:00 PM Accept an award from the Department of Justice in the amount of $52,098.00 for additional Tasers Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:Motion to approve allocating funding $52,098.00 for RCSO to implement Justice Assistance Grant Taser 7 program. (Approved by Public Safety Committee November 29, 2022) Background:This program is designed specifically to enhance existing crime prevention and enforcement units. The strategy for implementation and execution is straight-forward – The goal shall be met through the obligation and expenditure of grant funding for these less-than-lethal weapons. Analysis:RCSO will use this funding to purchase 20 Tasers for the Richmond County Sheriff’s Office Financial Impact:This is a 100% reimbursable grant, when expenditures are made, RCSO will submit a request for reimbursement to the Department of Justice Alternatives:None Recommendation:Allocate funding in the amount of $52,098.00 to allow RCSO to implement the Justice Assistance Grant (JAG) Program. Funds are Available in the Following Accounts: Will set up org key in fund 220. REVIEWED AND APPROVED BY: Scope of Work City of Augusta - Cognos Training 1 Introduction This Statement of Work (“SOW”) between the City of Augusta, hereby known as “Customer”, and Koa Hills Consulting, hereby known as “Koa Hills”, describes tasks and initiatives relating to the needs at the City of Augusta. This document outlines the following: ●The scope of services being contracted for from Koa Hills ●Period of performance ●Project assumptions ●Acceptance criteria ●Change control ●Project Costs 2 Scope of Services Initiatives or tasks not described in this SOW are agreed to be out-of-scope and not included in the SOW. Either party may communicate change requests to the other party through an agreed-upon Change Order Process. The scope for this SOW is defined below. 2.1 Organizational Scope The organizational scope includes all Customer departments, divisions, or other functional areas that use the current ERP solution. 2.2 Geography and Language Scope The geographical scope includes the United States and the City of Augusta. Koa Hills will schedule team members either to be onsite or to be available remotely, as appropriate. 2.3 User Scope The user scope includes all of the Customer’s active users of the current ERP solution. 2.4 Cognos Reporting - 97 Hours Koa Hills will provide Cognos reporting training, with a focus on identifying tables for desired data. 2.5 HR Consultation - 20 Hours Koa Hills will provide consultation surrounding a 3% pay increase. 3 Period of Performance The estimated Period of Performance of this project will begin on 11/15/22 and end on 6/30/23. SOW – Koa Hills Consulting – City of Augusta, GA - Cognos Training 1 4 Project Assumptions Assumptions are factors that are considered to be known as true by the Customer and Koa Hills when planning for this project. The list of assumptions made for this project are as follows: ●The Customer has the will and the authority to enter into the project. ●Adequate funding will be available to complete the project. ●The Customer will provide required resources and fulfill Customer’s project responsibilities. ●The Customer will continue to provide strong, effective executive sponsorship for the project. ●The Customer will provide adequate, qualified staff resources to complete the project. ●The Customer will furnish and maintain the necessary infrastructure for the project to Koa Hills and to the Customer’s users, including but not limited to: ○Remote and local network access ○Connectivity to all ERP servers and applications 5 Acceptance Criteria Customer and Koa Hills will follow best practices throughout the project and mutually identify criteria for completion of the project. The overall scope of work will be considered complete when one or more of the following criteria are met: ●Koa Hills has delivered the agreed-upon hours ●Customer and Koa Hills agree that no further assistance is needed 6 Change Control In the event that either Koa Hills or the Customer identifies an activity or objective that is beyond the scope set forth in this SOW, the parties agree to take the following steps: 1.Notification should be provided to both parties which announces the change requested. The following details should be provided as part of an official Change Request: ■Change requested - Description of the scope change needed, including details on how the change relates to project objectives and the impact to the project if the change is not applied. ■Estimated project impact - Estimated impact of the change to the project, including work effort, deliverables, and impact to the overall project timeline. ■Estimated cost - Consolidated estimate which identifies additional costs to implement the change, including labor, hardware, software, or other expenses. 2.If the Change Request is acceptable to all parties, it should be executed by representatives for Koa Hills and the Customer. Once this is complete, work on the Change Request can be started. Any additional costs will be billed according to rates established in the Contract. SOW – Koa Hills Consulting – City of Augusta, GA - Cognos Training 2 7 Project Costs Task Description Hours Rate Cost Cognos reporting services 97 170 $16,490 HR consultation 20 170 $3,400 Total Estimated Cost of Services $19,890 Quotation Notes: ●All work will be done remotely. ●Hours billed as incurred. ●This quote is valid for 90 Days. ●The hours listed on the quote are an estimate based on current information. If during the project we forecast the hours will be exceeded the Customer will be notified and a change order will be completed. Please confirm your acceptance of this quote by signing below: Signature Print Name Date SOW – Koa Hills Consulting – City of Augusta, GA - Cognos Training 3 Commission Meeting Agenda 12/6/2022 2:00 PM Approve Agreement with Koa Hills Consulting, Inc. to provide staff training across multiple Departments on the reporting tools within the City’s ERP system. Department:Information Technology Department:Information Technology Caption:Motion to approve Agreement with Koa Hills Consulting, Inc. to provide staff training across multiple Departments on the reporting tools within the City’s ERP system. (Approved by Public Safety Committee November 29, 2022) Background:Augusta currently uses Central Square as our Citywide financial/ERP system, with Cognos as our primary tool for custom financial reporting. Information Technology conducted a cross-department survey in spring 2022 about financial reporting needs. Training on the available tools was identified as the #1 need across the City. Analysis:Augusta Information Technology was selected to receive a $20,000.00 lump sum award for staff training and development. These funds will be used to train staff in multiple departments on Central Square and Cognos. The Interim Administrator approved acceptance of the award, and a motion to amend the FY2022 budget to allow for receipt of these funds has already been approved by the Augusta Commission. Financial Impact:Funds were awarded as a lump sum in October 2022. Alternatives:N/A Recommendation:Approve Agreement with Koa Hills Consulting, Inc. to provide staff training across multiple Departments on the reporting tools within the City’s ERP system. Funds are Available in the Following Accounts: Funds from the grant are available in 220015410-5237111. REVIEWED AND APPROVED BY: 1 AMENDMENT NUMBER THREE TO THE PSA AGREEMENT BETWEEN AUGUSTA, GEORGIA AND MOTOROLA SOLUTIONS, INC. THIS AMENDMENT NUMBER THREE (hereinafter referred to as the “Amendment Number Three”) is to the PSA System Agreement entered into on September 24, 2012 (hereinafter referred to as the “Agreement”) and the Amendment (hereinafter referred to as the “Amendment Number One”) entered into on March 15, 2019 and the Amendment (hereinafter referred to as the “Amendment Number Two”) entered into on February 17, 2022 between AUGUSTA, GEORGIA, as a political subdivision of the State of Georgia (hereinafter referred to as “AUGUSTA”), and MOTOROLA SOLUTIONS, INC., a Delaware Corporation, qualified to do business in the State of Georgia (hereinafter referred to as “MOTOROLA”). This Amendment Number Three is entered into on the latest date on the signature page below (such date is hereinafter referred to as the “Execution Date”). WHEREAS, AUGUSTA seeks to extend the cloud hosting services for the PremierOne CSR solution for another year for the period of January 1, 2023 to December 31, 2023; and WHEREAS, MOTOROLA and AUGUSTA mutually agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Agreement or Amendment Number One or Amendment Number Two, then, notwithstanding any term in the Agreement or Amendment Number One or Amendment Number Two, the following terms and conditions shall govern and control the rights and obligations of the parties. NOW, THEREFORE, in consideration of the Parties agreeing to amend their obligations under the existing Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both Parties agree to amend the Agreement and Amendment Number One and Amendment Number Two as follows: SECTION 1 EXHIBITS of the Agreement and Amendment Number One and Amendment Number Two is deleted in its entirety and replaced, through the addition, attachment, and incorporation of Exhibit J, with the following: Section 1 EXHIBITS The Exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, Exhibit H shall take precedence over the main body of this Agreement and any other Exhibits. Exhibit A “Motorola Software License Agreement” Exhibit B “Payment Schedule” 2 Exhibit C “Motorola’s Proposal dated March 13, 2012, as amended on July 24, 2012” Exhibit D “System Acceptance Certificate” Exhibit E “Performance Bond” Exhibit F “Augusta, GA Vendor VPN Access Agreement” Exhibit G “PremierOne CSR Upgrade and Cloud Migration Proposal and Statement of Work dated September 6, 2018” Exhibit H “Motorola Solutions Hosting Service Level Agreement (SLA), dated September 6, 2018.}” Exhibit I “Motorola PremierOne CSR Contract Extension Proposal, dated November 15, 2021.” Exhibit J “Motorola PremierOne CSR Contract Extension Proposal, dated September 19, 2022.” IN WITNESS WHEREOF, MOTOROLA SOLUTIONS, INC., and AUGUSTA, GEORGIA have executed this Amendment under seal as of the date first written above. Motorola Solutions, Inc. Augusta, Georgia By: By: __________________________ Name: Travis Boettcher Name: Hardie Davis, Jr. Title: AVP Software Enterprise Title: Mayor Date: September 19, 2022________ Date: ________________ Attest: _________________________________ Lena J. Bonner, Clerk of Commission PremierOne CSR CONTRACT EXTENSION PROPOSAL Motorola Solutions Confidential Proprietary Page 1 Data Restrictions This proposal is considered Motorola Solutions confidential and restricted. The proposal is submitted with the restriction that it is to be used for evaluation purposes only, and is not to be disclosed publicly or in any manner to anyone other than those employed by the City of Augusta required to evaluate this proposal without the express permission of Motorola Solutions, Inc. This proposal is valid until December 19, 2022. MOTOROLA SOLUTIONS, MOTOROLA and the Stylized M Logo are registered in the U.S. Patent & Trademark Office. All other product or service names are the property of their respective owners. © Motorola Solutions, Inc. 2022. EXHIBIT J PREMIERONE CSR CONTRACT EXTENSION PROPOSAL: City of Augusta, GA September 19, 2022 PREMIERONE CSR CONTRACT EXTENSION PROPOSAL Motorola Solutions Confidential Proprietary Page 2 PremierOne CSR Contract Extension Proposal September 19, 2022 Kelli Walker 311 Manager Central Services Department – Augusta 311 City of Augusta 2760 Peach Orchard Road Augusta, GA 30901 Subject: PremierOne CSR Contract Extension Proposal. Proposal # PSVCA09192022 Motorola Solutions is pleased to present the City of Augusta with the following proposal for the extension of the Amendment signed on February 28, 2019 between the City of Augusta and Motorola Solutions for the PremierOne CSR annual cloud services. The extension is for a one (1) year period beginning on January 1, 2023 and ending on December 31, 2023. The City will issue a purchase order prior to December 19, 2022. All terms and conditions of the contract will remain in effect for the extension period. Please review the proposal and contact me if you have any questions. I can be reached at 404- 402-6078 or k.leverett@motorolasolutions.com Sincerely, Kenny Leverett National Sales Director, Public Service Motorola Solutions, Inc. PREMIERONE CSR CONTRACT EXTENSION PROPOSAL Motorola Solutions Confidential Proprietary Page 3 PremierOne CSR Contract Extension Pricing Description Price PremierOne CSR Annual Cloud Services for 2023 (1/1/2023 – 12/31/2023) Motorola Solutions to provide annual cloud services for the hosting and support of the PremierOne CSR solution. Cloud Services are billed annually in advance. $70,000.00 Customer to issue a purchase order prior to December 19, 2022. Customer will make payments to Motorola within twenty (20) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution and in accordance with the preceding payment milestones. Commission Meeting Agenda 12/6/2022 2:00 PM Approve Amendment with Motorola Solutions, Inc. to provide PremierOne CSR Hosting and Maintenance in the 2023 Calendar Year for the 311 Department. Department:Information Technology Department:Information Technology Caption:Motion to approve Amendment with Motorola Solutions, Inc. to provide PremierOne CSR Hosting and Maintenance in the 2023 Calendar Year for the 311 Department.(Approved by Public Safety Committee November 29, 2022) Background:In 2019, Augusta entered into a contract with Motorola Solutions, Inc. to both upgrade and host the PremierOne CSR application. That upgrade and hosting agreement was for a 3-year period. In 2022, that agreement converted to a normal 1-year hosting and maintenance agreement that will need to be renewed annually going forward. Analysis:Augusta 311 exists to provide residents, businesses and visitors with transparent access to all Augusta services and information in a timely and efficient manner, while providing exceptional customer service. Augusta 311 strives to be the central hub of Customer Service for all requests for non-emergency services and information in Richmond County. It is the belief of 311 that citizens who are provided government services should be viewed as our customers and treated in a manner which is responsive, courteous, and efficient. Part of the way that 311 serves to provide great customer service is through the use of technology that serves to record, track, monitor, and provide updates on customer requests. One of the means by which this is currently done is through the hosted PremierOne CSR application. Financial Impact:Estimated annual hosting and support for this solution is $70,000.00. Alternatives:N/A Recommendation:Approve Amendment with Motorola Solutions, Inc. to provide PremierOne CSR Hosting and Maintenance in the 2023 Calendar Year for the 311 Department. Funds are Available in the Following Accounts: This project is to be funded through the Information Technology Operating Budget. 101015410/5223110 REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM LAW ENFORCEMENT TRAINING GRANT Department:Marshal's Office Department:Marshal's Office Caption:Motion to approve acceptance of a Criminal Justice Coordinating Council Law Enforcement Training grant in the amount of $56,660. (Approved by Public Safety Committee November 29, 2022) Background:The Richmond County Marshal's Office was awarded the Law Enforcement Training Grant for FY 2022 to support scenario-based, hands-on-training for law enforcement officers in use of force and de- escalation. Analysis: Financial Impact:This adds $56,660 available for training. There are no matching funds required. Alternatives:None Recommendation:To accept this grant Funds are Available in the Following Accounts: Org Keys would be set up in fund 220 REVIEWED AND APPROVED BY: Dear DaCara, Congratulations! With great pleasure, we’d like to share that you and your project have been selected as a recipient of the McDonald's Golden Grants Program.The McDonald's Owners/Operators of Georgia want to recognize you as a 2022-2023 Golden Grants Recipient with a grant of $500 to continue your efforts with the Thrive at Richmond County Juvenile Court. Your local McDonald's Owners launched this program to support those who feed the minds of our future generations. After reviewing nearly 150 applications, the judges' committee agreed that you and your program represent the community impact we seek to integrate with our brand. McDonald's Golden Grants is a local program that supports individuals, educators, and organizations serving students in grades K-12. The grant program intends to fuel students' imagination, education, and growth in the community where we live, work, and do. We hope the grant will benefit your program helping you and your students continue to reach your goals. Here are the following steps to claim your grant: 1. Respond to this email by Wednesday, Oct. 26, by the end of the business day. 2. Please send a photo or a short video clip of your classroom and/or program that you applied for. We will share this with local media for brand use and dissemination. 3. Please confirm your availability for Thursday,Nov. 9th for a webcast celebration with the rest of the winners and local McDonald’s Owners. 4. Please provide consent to publish your name and photo for social media and website purposes via your response email. 5. To receive your payment, we need a signed W9 from your school or organization. Payment should be expected two-three weeks after you submit the W9. We are incredibly excited to help move your program forward and look forward to hearing back from you. Congratulations once again! Best regards, Ansley Boles H&L Partners Public Relations Coordinator aboles@handlpartners.com Commission Meeting Agenda 12/6/2022 2:00 PM McDonald's Golden Grant Award Department:Juvenile Court Department:Juvenile Court Caption:Motion to approve Richmond County Juvenile Court award of a $500 McDonald's Golden Grant.(Approved by Public Safety Committee November 29, 2022) Background:McDonald's Golden Grants is a local program that supports individuals, educators and organizations serving students in grades K-12. The grant program intends to fuel students imagination, education, and growth in the community where we live, work and do. Program to help youth reach their goals. No local match required. No EEO required. Analysis: Financial Impact:No local match required. Alternatives:To deny Recommendation:To approve Funds are Available in the Following Accounts: Will setup org key in fund 220 REVIEWED AND APPROVED BY: R W Allen Construction LLC 1015 Broad St Augusta, Georgia 30901 Phone: (706) 733-2800 Fax: (706) 733-3879 Project: 21-121 - RCSO Range Support 2092 Greenland Road Blythe, Georgia 30805 Prime Contract Change Order #001: Design Changes & Material Escalations - Option #3 TO:Augusta-Richmond County 535 Telfair Street, Suite 605 Augusta, Georgia 30901 FROM:RW Allen Construction LLC 1015 Broad St Augusta, Georgia 30901 DATE CREATED:9/21/2022 CREATED BY:Steve Bare (RW Allen Construction LLC) CONTRACT STATUS:Approved REVISION:0 DESIGNATED REVIEWER:Rick Acree (Augusta-Richmond County)REVIEWED BY: DUE DATE:09/30/2022 REVIEW DATE:09/21/2022 INVOICED DATE: PAID DATE: SCHEDULE IMPACT:EXECUTED:No REVISED SUBSTANTIAL COMPLETION DATE: SIGNED CHANGE ORDER RECEIVED DATE: CONTRACT FOR:21-121:RCSO Training Range Building TOTAL AMOUNT:$69,256.23 DESCRIPTION: Design Changes & Material Price Escalations agreed to by RWA, Captain Allen Rollins, and Colonel Robert Partain on August 19, 2022. ATTACHMENTS: POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO #Title Schedule Impact Amount 001 CE #001 - Design Changes & Mat $69,256.23 Total: $69,256.23 CHANGE ORDER LINE ITEMS: PCO # 001: CE #001 - Design Changes & Mat #Budget Code Description Amount 1 17-999-999.OT Contract Fee.Other Budget Adjustment $69,256.23 Grand Total: $69,256.23 The original (Contract Sum)$847,409.00 Net change by previously authorized Change Orders $0.00 The contract sum prior to this Change Order was $847,409.00 The contract sum will be increased by this Change Order in the amount of $69,256.23 The new contract sum including this Change Order will be $916,665.23 The contract time will not be changed by this Change Order. Bill Palladino (GMC NETWORK) Augusta-Richmond County RW Allen Construction LLC 801 Broad Street Suite 900 535 Telfair Street, Suite 605 1015 Broad St Augusta, Georgia 30901 Augusta, Georgia 30901 Augusta, Georgia 30901 ProcoreArchitectSignHere ProcoreArchitectSignedDate ProcoreOwnerSignHere ProcoreOwnerSignedDate ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE R W Allen Construction LLC Page 1 of 1 Printed On: 9/21/2022 10:41 AM PCCO #001 9/21/22 Commission Meeting Agenda 12/6/2022 2:00 PM Request to approve change order for RFP #21-166 Department:Sheriff Office Department:Sheriff Office Caption:Motion to approve change order #2 design/build services for the Richmond County Sheriff's Office Training Range (Reference 21-166 / 21CSA135).(Approved by Public Safety Committee November 29, 2022) Background:RW Allen was approved for the RFP #21-166. Since the implementation of the project, there were design changes and other contract fees added to the project . After several meetings with the vendor, pricing increases have been approved. The total additional cost is $69,256.23. Analysis:RCSO has received the request to increase the contract. Financial Impact:Funding is available in Splost funds - 329-03-1130 Alternatives:None Recommendation:Recommends approving the design changes. Funds are Available in the Following Accounts: Splost7 Funding -329-03-1130/ JL:219-35-8004 REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Election Funding request from contingency Department:Board of Elections Department:Board of Elections Caption:Motion to approve funding in the amount of $165,000.00 to cover the December 6, 2022 General Run Off ; the December 20, 2022 Democratic Special Primary; and the opening of advance early voting sites on Sunday November 27, 2022 funded from Contingency Fund. (Approved by Finance Committee November 29, 2022) Background:Runoff and Special Elections are not budgeted by the department but rather money is set aside in contingency for such unexpected elections. Analysis:Currently there is a need for $220,000 for both the December runoff and the Special Primary. By making cuts in the current BOE budget, we are asking for $150,000 to cover poll worker pay, printing of ballots, postage for absentee ballots and setting up and staffing advance voting locations; to include Advanced voting site on Sunday November 27, 2022 in the amount of $15,000. Financial Impact:Current election and operation budgets have funds available to cover some of the expenses but not all. Asking for $150,000 from contingency to cover the cost of the runoff and the special primary. Alternatives:There are no alternatives Recommendation:Approve the money from contingency earmarked for election expenses Funds are Available in the Following Accounts: Contingency - Special Elections REVIEWED AND APPROVED BY: Page 1 of 4 JC/ARPA (11/2022) JUDICIAL COUNCIL OF GEORGIA AMERICAN RESCUE PLAN ACT GRANT AWARD CONDITIONS AND RESTRICTIONS Judicial Circuit Name: Augusta Award Date: November 7, 2022 Section 1. Conditions All the following conditions apply to the enclosed grant award: (a) Grant recipients shall comply with the conditions and restrictions in this attachment. (b) Grant recipients shall comply with all procedures and instructions detailed in the current Overview and Instructions and Judicial Branch ARPA FAQs (also posted under Quick Links at https://jcaoc.georgiacourts.gov/arpa/). (c) The ARPA grants awarded by the Judicial Council of Georgia Ad Hoc Committee on American Rescue Plan Act Funding (“ARPA Committee”) on November 7, 2022, were awarded for eligible expenses beginning on January 1, 2023, through the balance of the 2023 calendar year only. Funding in future calendar years is not guaranteed and is subject to application and the approval of the ARPA Committee in future award cycles. (d) Any portion of this award that is not expended in the 2023 calendar year shall revert back to the ARPA Committee on January 1, 2024. The ARPA Committee may award funds that revert back to the Committee to any and all applicants in a subsequent grant cycle. (e) Grant recipients shall not submit a reimbursement request for any ineligible expenditure listed in Section 2 (b) of this attachment. (f) If awarded funds for court-based mental health diversion services, recipient shall: (1) report the amount of the funds allocated to evidence-based interventions; and (2) indicate whether activities are primarily serving a disproportionally impacted community (both for U.S. Treasury reporting purposes). See Treasury’s Compliance and Reporting Guidance, “Use of Evidence” and “Project Demographic Distribution” sections, pp. 20-21; 33; 37; 42 for details. Such report shall be communicated monthly by letter accompanying the reimbursement requests for applicable expenditures. (g) If awarded funds for court-based substance use diversion services, recipient shall: (1) report the amount of the funds allocated to evidence-based interventions; and (2) indicate whether activities are primarily serving a disproportionally impacted community (both for U.S. Treasury reporting purposes). See Treasury’s Compliance and Reporting Guidance, “Use of Evidence” and “Project Demographic Distribution” sections, pp. 20-21; 33; 37; 42 for details. Such report shall be communicated monthly by letter accompanying the reimbursement requests for applicable expenditures. (h) If awarded funds for court-based eviction prevention and diversion services, recipient shall: (1) report the amount of the funds allocated to evidence-based interventions; and (2) indicate whether activities are primarily serving a disproportionally impacted community (both for U.S. Treasury reporting purposes). See Treasury’s Compliance and Reporting Guidance, “Use of Evidence” and “Project Demographic Distribution” sections, pp. 20-21; 33; 37; 42 for details. Such report shall be communicated monthly by letter accompanying the reimbursement requests for applicable expenditures. Page 2 of 4 JC/ARPA (11/2022) (i) The enclosed grant award is subject to the following specific conditions: Application approved as revised on October 11, 2022, on the condition that “Reconnect” communications platform is precleared by OPB with applicant’s justification letter. Section 2. Restrictions (a) Federally Eligible Uses Currently Authorized by the ARPA Committee and the Executive Branch Only the following federally eligible ARPA expenditure categories (ECs) are currently authorized by the ARPA Committee and the Executive Branch: (1) Personnel. Payroll costs for personnel responding to court case backlogs with a primary focus on serious violent felonies; backfilling positions requiring less experience to reassign more experienced staff to expedite the disposition of serious violent felony cases; or personnel administering the ARPA grant. As used in this expenditure category only, “primary focus on serious violent felonies” means more than 50 percent of total personnel costs awarded in each calendar year is dedicated to responding to serious violent felonies, as defined in OCGA § 17-10-6.1 (a). (2) Court-based Eviction, Mental Health, or Substance Use Diversion. Payroll costs for personnel performing court-based eviction, mental health, or substance use diversion services only if: (i) such services respond to case backlogs; and (ii) a subrecipient provides a numerical estimate to the AOC demonstrating that such services will conserve staff time and resources to respond to backlogs of serious violent felony cases, as defined in OCGA § 17-10-6.1 (a). As used in these expenditure categories, “numerical” means containing one or more of the number symbols 0, 1, 2, 3, 4, 5, 6, 7, 8, or 9; e.g., 20 hours of staff time per week, 18 percent of a judge’s caseload, or some other numerical measurement. (3) Other Program Costs. Reasonable and necessary costs to support a response to court case backlogs with a primary focus on cases involving serious violent felonies or to perform ARPA grant administration, as follows: (i) The purchase of necessary supplies and materials used by personnel funded by the ARPA grant; (ii) The purchase or rental of equipment used by personnel funded by the ARPA grant, including any reasonable and required license, basic operating software, or service needed to use such equipment; (iii) Travel costs of personnel and contractors funded by the ARPA grant traveling between counties in multi-county judicial circuits that are necessary to address the backlog in court cases with a primary focus on cases involving serious violent felonies; (iv) Rental of temporary space for personnel funded by the ARPA grant; (v) Printing, publication, media, or postage costs; (vi) Jury expenditures for the trial of cases that are part of the case backlog caused by the COVID-19 pandemic; (vii) Jury sequestration costs if necessary for jurors in serious violent felony cases; (viii) Continuing legal education and professional dues for prosecutors funded by the ARPA grant, as required by the State Bar of Georgia to maintain a law license; (ix) Mandatory continuing judicial education for judges funded by the ARPA grant, as required by the Institute of Continuing Judicial Education and uniform court rules; Page 3 of 4 JC/ARPA (11/2022) (x) Contracts for professional services or per diem to respond to court case backlogs, including services provided by interpreters, senior judges, state paid county reimbursed (SPCR) prosecutors, and court reporters; or to perform grant administration; (xi) Mandatory training for victim assistance coordinators and victims’ advocates funded by the ARPA grant, as required by law and the Prosecuting Attorneys’ Council; (xii) Mandatory training for district attorney investigators funded by the ARPA grant, as required by law and the Peace Officer Standards and Training Council; and (xiii) Other program costs necessary to address a court backlog caused or exacerbated by the COVID-19 pandemic with a primary focus on cases involving serious violent felonies may be approved by OPB at its sole discretion following a written request for approval by AOC prior to AOC’s approval of said costs. (b) Federally Eligible Uses Not Currently Authorized by the ARPA Committee or the Executive Branch All the following federally eligible ARPA expenditure categories (ECs) are not currently authorized by the ARPA Committee or the Executive Branch: (1) Professional dues, continuing education, and training for staff (unless an exception is expressly listed in Section 2 (a) of this attachment) (ECs 3.5, 7.1; 31 CFR § 35.6 (b) (3) (ii) (E) (4); 87 Fed. Reg. 4,438 (Jan. 27, 2022) (Uniform Guidance (2 CFR 200 Subpart E) applies to ARPA funds); 2 CFR § 200.473 (“The cost of training and education provided for employee development is allowable”)). (2) Case management systems and software (EC 7.1; 31 CFR § 35.6 (b) (3) (ii) (E) (4); 87 Fed. Reg. 4,389 (Jan. 27, 2022) (“improvements to case management systems . . . are eligible”). (3) ARPA grants to municipal courts (pursue ARPA funds from cities before contacting the ARPA Committee), public defenders, or conflict attorneys (see funds allocated to GPDC). (4) COVID-19 testing (EC 1.2; 31 CFR § 35.6 (b) (3) (i) (A)). Contact the Georgia Emergency Management and Homeland Security Agency (GEMA) for COVID-19 testing assistance. (5) The purchase of personal protective equipment (e.g., gloves, masks, and hand sanitizer) (EC 1.5; 31 CFR § 35.6 (b) (3) (i) (A)). Contact GEMA for personal protective equipment. (6) Expenditures to prevent COVID-19 in congregate settings (e.g., plexiglass, cleaning supplies or services) (EC 1.4; 31 CFR § 35.6 (b) (3) (i) (A)). Contact GEMA for assistance with supplies to prevent COVID-19 in congregate settings. (7) Payroll supplements, stipends, bonuses, “premium pay,” or any other payroll payments to staff that do not correspond to actual documented payroll time spent responding to case backlogs or performing ARPA grant administration are not authorized. “Premium pay” is defined in 31 CFR §§ 35.3, 35.6 (c); (EC 4.1). (8) Long-term infrastructure (i.e., capital) investments in public facilities, such as physical plant improvements, permanent adaptations to existing public buildings, or constructing new facilities to respond to the pandemic or its negative economic impacts (ECs 3.5, 7.1; 31 CFR § 35.6 (b) (3) (i) (A); (b) (4); 87 Fed. Reg. 4,389 (Jan. 27, 2022). Grant recipients should rent equipment (if possible, practical, and cost-effective) to avoid violating the prohibition on purchasing permanent infrastructure. (9) Adding or upgrading a court’s broadband connection, including modernization of cybersecurity for existing or new broadband infrastructure (EC 5.19; 31 CFR § 35.6 (e) (2) (i)- (ii)). (10) Offsets to a reduction in government revenue due to the pandemic, which may be used to maintain existing infrastructure, build new infrastructure, or provide any government service, Page 4 of 4 JC/ARPA (11/2022) excluding contributions to a rainy-day fund (EC 6.1; 31 CFR § 35.6 (d); 87 Fed. Reg. 4,423- 4,430 (Jan. 27, 2022)). (11) General modernization of cybersecurity not related to broadband upgrades, including hardware, software, and protection of critical infrastructure (falls under the category of government revenue offsets) (EC 6.1; 31 CFR § 35.6 (d)). See 31 CFR § 35.6 (e) (2) (ii). Personnel Services Salary Quantity Total $- $- $- $- Total Grant Admin and Clerical Request $- 0 $- $- $- Assistant District Attorney $101,040 4 $404,160 $- $404,160 Assistant Solicitor - State Court $80,104 1 $80,104 $- $80,104 Clerk - Solicitor - State Court $45,684 1 $45,684 $- $45,684 Deputy Sheriff - Court Services $34/hour - 500 hours $17,000 1 $17,000 $- $17,000 Investigator - DA $66,443 1 $66,443 $- $66,443 Data Entry Clerk - Superior $30,000 2 $60,000 $- $60,000 Judge - Juvenile Court $161,009 1 $161,009 $- $161,009 Juvenile Court Attorney $101,040 3 $303,120 $- $303,120 Victim Witness Advocate $49,144 2 $98,288 $- $98,288 Total-Personnel Directly Responding to Case Backlog $651,464 16 $1,235,808 $- $1,235,808 $- $- $- $- Personnel Court-Based Mental Health Diversion (include in application section (E) (2)) $- 0 $- $- $- Drug Court Services - In-House Licensed Clinical Counselor $86,162 1 $86,162 $- $86,162 Drug Testing/GPS/Pretrial Release $30,000.00 1 $30,000 $- $30,000 Court-based Assessment and Screening $75,000.00 1 $75,000 $- $75,000 Personnel Court-Based Substance Use Diversion (include in application section (E) (3))$191,162 3 $191,162 $- $191,162 $- $- $- $- Personnel Court-Based Eviction Prevention and Diversion ( E ) (4) $- 0 $- $- $- Total Personnel Costs:$842,626 19 $1,426,970 $- $1,426,970 Administrative/Indirect Costs: Amount Total Equipment < $5,000 (Computers & Printers for add'l staff)$10,114 $10,114 $- $10,114 Paralegal - DA - Contract $62,400 $62,400 $- $62,400 Voice/Data Communications - Reconnect $16,200 $16,200 $- $16,200 CONDITIONAL APPROVAL- OPB Pre-clearance required for Reconnect ($16,200) Juror Expenses $100,000 $100,000 $- $100,000 ARPA-Eligible Administrative Expenses (include in application section (E) (6)) Grant Administration and Clerical (include in application section (E) (6)) Personnel Directly Responding to Case Backlog (include in application section (E) (1)) Personnel Court-Based Mental Health Diversion (include in application section (E) (2)) Personnel Court-Based Substance Use Diversion (include in application section (E) (3)) Personnel Court-Based Eviction Prevention and Diversion (include in application section (E) (4)) Final Approved v.6 JUDICIAL BRANCH ARPA GRANT BUDGET TEMPLATE For AOC Staff Only Submitted by: Augusta Judicial Circuit Budget Categories Calendar Year 2023 Adjustments Revised Total Comments Interpreter $3,600 $3,600 $- $3,600 Contract Court Reporters/Transcript Production $150,000 $150,000 $- $150,000 Work Stations/Desks $4,516 $4,516 $- $4,516 Total ARPA-Eligible Administrative Expenses $346,830 $346,830 $- $346,830 Real Estate Rentals - Juvenile Court $226,200 $226,200 $- $226,200 Total Indirect/Grant Administration $226,200 $226,200 $- $226,200 Total Administrative Costs:$573,030 $573,030 $- $573,030 JC/ARPA-5 (08/2022) Temporary Facilities or Workspace (include in application section (E) (5)) TOTAL OVERALL BUDGET $2,000,000 $- $2,000,000 Commission Meeting Agenda 12/6/2022 2:00 PM Notice of 2023 ARPA Grant Funds Award Department:Superior Court Department:Superior Court Caption:Motion to approve and accept $2,000,000 ARPA award to address the Augusta Judicial Circuit caseload.(Approved by Finance Committee November 29, 2022) Background:The Augusta Judicial Circuit is slated to receive a $2 million ARPA grant, from the State of Georgia, through the Judicial Council for the purpose of addressing the judicial caseload backlog. This award covers both Richmond and Burke Counties, and will be used to fund additional full time court related positions, as well as other eligible expenses. This is a continuation of an ARPA grant awarded in 2022. Analysis:This ARPA Judicial grant will be used to relieve the court case backlog created by the COVID pandemic. The Augusta Judicial Circuit will fund additional court related positions such as attorneys, clerks, victims advocates, investigators, judges, and judicial assistants. Eligible expenses also include juror fees, freelance court reporters, and interpreters, as well as rental of the Broad Street Juvenile Annex. Financial Impact:This grant operates on a reimbursement basis. Richmond County, serving as the fiscal agent for Burke County, will expense funds and request reimbursement through the State Judicial Council. Alternatives:None Recommendation:Approve and accept $2 million ARPA grant through the State Judicial Council. Funds are Available in the Following Accounts: All eligible expenses will be reimbursed; Grant is budgeted in 2023 budget under org key 220-02-2652 REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Allocation of ARPA funding Department:Mayor's Office Department:Mayor's Office Caption:Motion to approve the allocation of ARPA funding for essential quality- of-life services. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM fund balance resolution Department:Mayor's Office Department:Mayor's Office Caption:Motion to approve fund balance resolution. (Requested by Mayor Davis and Commissioner Francine Scott) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: MC Squared, LLC. 1275 Shiloh Road NW, Suite 2620, Kennesaw, Georgia, 300144, T (770) 650-0873 www.mc2engineers.com October 24, 2022 Ms. June Hamal Augusta Engineering and Environmental Services Department 452 Walker Street, Suite 110, Augusta, GA 30901 Subject: Proposal for Construction Materials Testing & Special Inspection Services 5th & 6th Street Improvements Richmond County, Georgia MC2 Proposal No. A102201.217_C Dear Ms. Hamal, MC Squared, LLC. (MC2) is pleased to present this proposal for Construction Materials Testing & Special Inspection Services associated with the 5th & 6th Street Improvements Project in Richmond County, Georgia. This proposal outlines the services you requested and our budgetary estimate, per the information provided via e-mail dated September 22, 2022. The project finalized construction schedule and completed specifications were not provided to MC2 during this proposal preparation. Therefore, this estimate is based on MC2 experience with similar projects. In addition, per the provided information, we assumed the total duration of MC2 services during the construction for both streets would be 385 days. MC2 would be able to revise this estimate once the project construction schedule is available. PROJECT AND SITE INFORMATION Our understanding of the project is based on reviewing the provided plans and information. The proposed project will consist of 0.74 miles of length of 5th street improvements and 0.714 miles of 6th street improvements and associated utilities. The following are the anticipated scopes of services. PROPOSED SERVICES Construction Management • Review project drawings, specifications, and contract scope of work. • Review contracts, schedules, and quality control/quality assurance plans. • Manage pre-construction and progress meetings: Present agenda, scope, schedule, and conditions applicable to the project. • Review submittals, RFI’s, and communicate with project Stakeholders (Design/ Owner/Contractor) regarding approvals, feedback, and change order in a timely manner. • Weekly meetings/conferences with the project stakeholders. • Keep logs of open and corrected Items for follow-up with the contractor on a resolution to changes and/or corrective measures. • Engage the owner for items that require a change in design and/or contract provisions. • Review change orders and manage the approval process. 5TH & 6TH Street Improvements Richmond County, Georgia MC2 Proposal No. A102201.217_C 2 • Review monthly pay applications and resolve issues with the contractor before payment approval. • Assist in project closeout by reviewing punch list items with contractors and finalizing documentation before project closeout and release of retainage. Construction Materials Testing Services • Monitor and document the progress of work on daily basis and schedule construction inspections as required by the project specifications. • Subgrade evaluation of existing materials: proof-roll and/bearing capacity evaluation. • Geotechnical Engineer to provide evaluation and recommendations. • Monitoring of over-excavation and quantification. • Backfill monitoring and testing of structural fill. • Backfill monitoring and testing of pipe backfill on storm drain lines, water lines, and site walls. • Subgrade inspections of finished grades for pavements and sidewalks on both sides of the roadways. • Concrete testing on the sidewalk on both sides of the roadways, curbs/gutters, and structures. • GAB compaction testing and proof-roll testing. • Asphalt testing. • Laboratory testing - Soil Proctor tests. - GAB Proctor tests. FEE MC2 will provide the above-requested scope of services for the construction of the 5th & 6th Street Improvements project for a budgetary estimated fee of $258,090.00 in accordance with the attached Schedule of Services and Fees per the on-call contract between MC2 and Augusta Engineering Department, RFP #19-179, dated 06/06/2019, on a time and materials basis. Further additional work required beyond the scope of services included in this proposal (e.g., additional analyses/testing or other factors beyond MC2 control) will be invoiced on a time and expense basis. However, further work will not be performed without your prior written authorization. AUTHORIZATION To authorize us to perform these services, we ask that you indicate acceptance of this proposal by your signature in the space provided. MC2 appreciates being considered for this project and looks forward to collaborating with you. Please do not hesitate to call if you have any questions. 5TH & 6TH Street Improvements Richmond County, Georgia MC2 Proposal No. A102201.217_C 3 If you need further information, please do not hesitate to call Nima Latifi at the office at (770) 650-0873, on his cell phone at (470) 897-5111, or via e-mail at nlatifi@mc2engineers.com. Respectfully submitted, MC Squared, LLC Nima Latifi, Ph.D., PMP Thomas Ali, PE Department Manager Chief Operating Officer Budgetary Fee Estimate: $258,090.00 (Attachment A) AUTHORIZED BY: INVOICE TO: Signature Firm Name Address Title Date Attention Attachments: 1- Schedule of Services and Fees – (Attachment A) DESCRIPTION OF SERVICES QUANTITY X UNIT PRICE COST ($) ITEM 1 - Construction Materials Testing Services: - Attendance of weekly site meetings - Subgrade evaluations - Soil backfill monitoring - Soil backfill compaction testing 4 hrs/day x 385 days x $62/hr 95,480.00$ - Bearing capacity evaluation - GAB testing - Nuclear gauge density testing - Asphalt temperature determination ITEM 2 - Staff Engineer & Professional Engineers: - Field Staff engineer for documentation of construction activities 4 hrs/day x 385 days x $85/hr 130,900.00$ - Pavement engineer (PE) to perform report review, evaluation and recommendations 2 hr/week x 77 weeks x $115/hr 17,710.00$ ITEM 3 - Laboratory Testing for Soil / Asphalt - Soil standard and modified proctors - Gradations LUMP SUM 5,000.00$ - Atterberg limits - Asphalt Specific Gravity testing ITEM 4 - Laboratory Testing for Concrete Cylinders - Concrete cylinder pick-up and transportation to lab LUMP SUM 9,000.00$ - Compressive strength testing Estimate Maximum Fee:258,090.00$ Notes: 2-Assigned work will be performed per the issued Task Order. Each Task Order will be contracted 3-Assigned Inspector must possess required GSWCC and other Certifications to perform required 4-Assigned staff shall include GA Licensed Professional Engineer Construction Materials Testing and Special Inspections5TH & 6TH Street Improvements Augusta, GAMC² Proposal No. A102201.217_C 1-Hourly rate includes direct expense costs (such as a vehicle, phone, per diem, lodging, etc). There will be no separate pay item for these and other incidental items. Commission Meeting Agenda 12/6/2022 2:00 PM 5th & 6th Streets Improvements (PIs #0011415 / 0011421) Construction Material Inspection and Testing, Construction Monitoring and Quality Assurance/ Quality Control, and Geotechnical Services-RFP 19-179 File Reference: 22-014(T) Department:Engineering Department:Engineering Caption:Motion to approve the continued funding of the current On-Call Field and Laboratory Testing for Soil and Construction Material, and Geotechnical Inspection and Investigation (CMT_Geotech) Services contract in the amount of $258,090.00 for 5th & 6th Streets Improvements Projects. RFP 19-179 / Requested by Engineering (Approved by Engineering Services Committee November 29, 2022) Background:The 5th Street and 6th Streets Improvements are projects from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. These are Band 3 projects and TIA funds are allocated for construction. On December 6, 2022, Augusta Commission will consider awarding road construction contract to Reeves Construction. Field and Laboratory Testing for Soil and Construction Material, and Geotechnical Inspection and Investigation Services are integral part of construction activities to ensure improvements quality control and quality assurance and construction per design. Construction quality assurance & quality control (QA/QC) is essential to construction of good roads and is TIA program requirement. Analysis:On August 2019, commission approved the award of CMT Geotech Services contract with Atlas (ATC Group Services LLC), Matrix Engineering Group, Inc. (MEG), and MC Squared, Inc. (MC2) being the selected firms. MC2 is assigned to 5th & 6th Streets construction. The assistance of outside construction services will help AED ensuring a quality finish roadway infrastructure. It is a practical approach to sustain much needed construction QA/QC during construction phase of a project. Financial Impact:Funds are available in Projects TIA Funds. Alternatives:1. Do not approve and find alternative way to provide required CMT_Geotech, Construction QA/QC Services and meet TIA construction QA/QC requirements. Recommendation:Approve the continued funding of the current On-Call Field and Laboratory Testing for Soil and Construction Material, and Geotechnical Inspection and Investigation (CMT_Geotech) Services contract in the amount of $258,090.00 for 5th & 6th Streets Improvements Projects. RFP 19-179 / Requested by Engineering. Funds are Available in the Following Accounts: ($258,090.00) 371-041110-54.14110 / T15041220-54.14110 - Projects TIA Funds REVIEWED AND APPROVED BY: 5th Street Item #Description Bid Quantity Unit Bid Price Bid Total Qty Unit Unit Price Total Difference New total 100100 FORCE ACCOUNT 1.000 LS 500,000.00$ 500,000.00$ 1 LS 500,000.00$ 500,000.00$ -$ 500,000.00$ 100200 TRAFFIC CONTROL - COMPLETE 1.000 LS 540,775.00$ 540,775.00$ 1 LS 240,000.00$ 240,000.00$ (300,775.00)$ 240,000.00$ 100300 GRADING COMPLETE - FINAL 1.000 LS 1,757,000.00$ 1,757,000.00$ 1 LS 980,000.00$ 980,000.00$ (777,000.00)$ 980,000.00$ 100400 GR AGG BASE CRS, 4 INCH, INCL MATL 3,050.000 SY 19.00$ 57,950.00$ 0.00 SY 19.00$ -$ (57,950.00)$ -$ 100500 GR AGG BASE CRS, 6 INCH, INCL MATL 3,440.000 SY 26.25$ 90,300.00$ 5,400.00 SY 26.25$ 141,750.00$ 51,450.00$ 141,750.00$ 100600 ASPH CONC 12.5 MM OGFC 775.000 TN 188.00$ 145,700.00$ 775 TN 183.00$ 141,825.00$ (3,875.00)$ 141,825.00$ 100700 REC AC 12.5 MM SUPERPAVE 1,395.000 TN 170.00$ 237,150.00$ 1,395.00 TN 170.00$ 237,150.00$ -$ 237,150.00$ 100800 TACK COAT 1,295.000 CL 6.10$ 7,899.50$ 1,295.00 CL 6.00$ 7,770.00$ (129.50)$ 7,770.00$ 100900 MILL ASPH CONC PVMT; VARIABLE DEPTH 17,000.000 SY 3.40$ 57,800.00$ 17,000.00 SY 3.40$ 57,800.00$ -$ 57,800.00$ 101000 STRAIGHT GRANITE CURB, 5 INX16 IN 700.000 LF 67.00$ 46,900.00$ 0 LF 67.00$ -$ (46,900.00)$ -$ 101100 DRIVEWAY CONCRETE, 8 IN TK 1,175.000 SY 86.00$ 101,050.00$ 1,175.00 SY 86.00$ 101,050.00$ -$ 101,050.00$ 101200 CONC SIDEWALK, 4 IN 3,050.000 SY 49.00$ 149,450.00$ 3,050.00 SY 49.00$ 149,450.00$ -$ 149,450.00$ 101300 CONC CURB & GUTTER/ 6X30TP2 3,840.000 LF 33.60$ 129,024.00$ 7,840.00 LF 33.60$ 263,424.00$ 134,400.00$ 263,424.00$ 101400 CL B CONC, BASE OR PVMT WIDEN 150.000 CY 375.00$ 56,250.00$ 160 CY 375.00$ 60,000.00$ 3,750.00$ 60,000.00$ 101500 REM CONC CURB ALL SIZ 5,000.000 LF 13.25$ 66,250.00$ 5,000.00 LF 13.25$ 66,250.00$ -$ 66,250.00$ 101600 REM CONC SIDEWALK 3,340.000 SY 18.65$ 62,291.00$ 2,950.00 SY 18.65$ 55,017.50$ (7,273.50)$ 55,017.50$ 101700 RESET GRANITE CURB 4,000.000 LF 52.00$ 208,000.00$ 0.00 LF 52.00$ -$ (208,000.00)$ -$ 101800 BRICK PAVERS 14,820.000 SF 22.00$ 326,040.00$ 14,820.00 SF 22.00$ 326,040.00$ -$ 326,040.00$ 101900 DETECTABLE WARNING SURFACE 695.000 SF 25.80$ 17,931.00$ 695 SF 25.80$ 17,931.00$ -$ 17,931.00$ 102000 REM LIGHTING STANDARD 102.000 EA 585.00$ 59,670.00$ 102 EA 585.00$ 59,670.00$ -$ 59,670.00$ 102100 LIGHTING STD, SPCL DES 66W LED 111.000 EA 8,790.00$ 975,690.00$ 111 EA 8,790.00$ 975,690.00$ -$ 975,690.00$ 102200 LUMINAIRE - REPLACE EXISTING HEAD 111.000 EA 2,178.00$ 241,758.00$ 111 EA 2,178.00$ 241,758.00$ -$ 241,758.00$ 102300 CONDUIT, NONMETL, TP 2, 1 IN 6,545.000 LF 15.50$ 101,447.50$ 6,545.00 LF 15.50$ 101,447.50$ -$ 101,447.50$ 102400 POWER SERVICE CABINET 6.000 EA 14,750.00$ 88,500.00$ 6.000 EA 14,750.00$ 88,500.00$ -$ 88,500.00$ 102500 STEEL STRAIN POLE, TP IV (W/35 FT MASTARM)4.000 EA 26,775.00$ 107,100.00$ 4.000 EA 26,775.00$ 107,100.00$ -$ 107,100.00$ 102600 LOOP DETECTOR, 6 FT X 40 FT, BIPOLE 5.000 EA 2,285.00$ 11,425.00$ 5.000 EA 2,285.00$ 11,425.00$ -$ 11,425.00$ 102700 REL EX PEDESTRIAN DETECTION 3.000 EA 23,450.00$ 70,350.00$ 3.000 EA 23,450.00$ 70,350.00$ -$ 70,350.00$ 102800 THERMO PVMT MARKING, SYMBOL,TP 4 16.000 EA 250.00$ 4,000.00$ 16.000 EA 250.00$ 4,000.00$ -$ 4,000.00$ 102900 THERMO MARKING, ARROW, TP 1 16.000 EA 200.00$ 3,200.00$ 16.000 EA 200.00$ 3,200.00$ -$ 3,200.00$ 103000 THERMO MARKING, ARROW, TP 2 10.000 EA 100.00$ 1,000.00$ 10.000 EA 100.00$ 1,000.00$ -$ 1,000.00$ 103100 THERMO MARKING, ARROW, TP 3 3.000 EA 200.00$ 600.00$ 3.000 EA 200.00$ 600.00$ -$ 600.00$ 103200 THERMO SOLID TRAF ST 5 IN, WHI 2,500.000 LF 0.65$ 1,625.00$ 2,500.000 LF 0.65$ 1,625.00$ -$ 1,625.00$ 103300 THERMO SOLID TRAF ST, 5 IN YEL 6,680.000 LF 0.65$ 4,342.00$ 6,680.000 LF 0.65$ 4,342.00$ -$ 4,342.00$ 103400 THERMO SOLID TRAF ST, 24 IN, WH 245.000 LF 9.00$ 2,205.00$ 245.000 LF 9.00$ 2,205.00$ -$ 2,205.00$ 103500 THERMO SOLID TRAF ST, 8 IN, WH 5,150.000 LF 3.00$ 15,450.00$ 5,150.000 LF 3.00$ 15,450.00$ -$ 15,450.00$ Adjusted Total Original Bid Based on Takeoff/VE Takeoff Qty VE/Adj Contract 103600 THERMO SKIP TRAF ST, 8 IN, WH 265.000 GLF 2.00$ 530.00$ 265.000 GLF 2.00$ 530.00$ -$ 530.00$ 103700 THERMO SKIP TRAF ST 5 IN, YEL 0.430 GLM 1,800.00$ 774.00$ 0.430 GLM 1,800.00$ 774.00$ -$ 774.00$ 103800 THERMO TRAF STRIPING, WHITE 80.000 SY 5.00$ 400.00$ 80.000 SY 5.00$ 400.00$ -$ 400.00$ 103900 RAISED PVMT MARKERS TP 1 197.000 EA 7.50$ 1,477.50$ 197.000 EA 7.50$ 1,477.50$ -$ 1,477.50$ 104000 RAISED PVMT MARKERS TP 3 20.000 EA 7.50$ 150.00$ 20.000 EA 7.50$ 150.00$ -$ 150.00$ 104100 REM PIPE - 12 IN 35.000 LF 35.00$ 1,225.00$ 35.000 LF 35.00$ 1,225.00$ -$ 1,225.00$ 104200 REM PIPE - 15 IN 450.000 LF 35.00$ 15,750.00$ 450.000 LF 35.00$ 15,750.00$ -$ 15,750.00$ 104300 REC CATCH BASIN, GP 1 21.000 EA 7,800.00$ 163,800.00$ 21.000 EA 4,750.00$ 99,750.00$ (64,050.00)$ 99,750.00$ 104400 REC CATCH BASIN, GP 1 (REPLACE TOP)6.000 EA 7,200.00$ 43,200.00$ 6.000 EA 3,200.00$ 19,200.00$ (24,000.00)$ 19,200.00$ 104500 REC CURB INLET, GROUP 1 1.000 EA 6,400.00$ 6,400.00$ 1.000 EA 4,000.00$ 4,000.00$ (2,400.00)$ 4,000.00$ 104600 REC DROP INLET, GROUP 1 (REPLACE TOP)2.000 EA 6,400.00$ 12,800.00$ 2.000 EA 3,200.00$ 6,400.00$ (6,400.00)$ 6,400.00$ 104700 REC JUNCTION BOX 1.000 EA 6,400.00$ 6,400.00$ 1.000 EA 4,000.00$ 4,000.00$ (2,400.00)$ 4,000.00$ 104800 RESET SIGN 28.000 EA 175.00$ 4,900.00$ 28.000 EA 175.00$ 4,900.00$ -$ 4,900.00$ 104900 ADJUST HYDRANT TO GRADE 5.000 EA 1,800.00$ 9,000.00$ 5.000 EA 1,800.00$ 9,000.00$ -$ 9,000.00$ 105000 ADJUST MANHOLE TO GRADE 65.000 EA 1,650.00$ 107,250.00$ 65.000 EA 1,650.00$ 107,250.00$ -$ 107,250.00$ 105100 ADJUST WATER VALVE TO GRADE 32.000 EA 365.00$ 11,680.00$ 32.000 EA 365.00$ 11,680.00$ -$ 11,680.00$ 105200 ADJUST CATCH BASIN, GP 1 TO GRADE 38.000 EA 3,150.00$ 119,700.00$ 38.000 EA 3,150.00$ 119,700.00$ -$ 119,700.00$ 105300 RELOCATE EXIST FIRE HYDRANT 3.000 EA 6,000.00$ 18,000.00$ 3.000 EA 6,000.00$ 18,000.00$ -$ 18,000.00$ 105400 STM DR PIPE 18, H 1-10 525.000 LF 95.50$ 50,137.50$ 525.000 LF 95.50$ 50,137.50$ -$ 50,137.50$ 105500 CATCH BASIN, GP 1 16.000 EA 8,500.00$ 136,000.00$ 16.000 EA 6,500.00$ 104,000.00$ (32,000.00)$ 104,000.00$ 105600 SOD 44,140.000 SF 0.85$ 37,519.00$ 44,140.000 SF 0.85$ 37,519.00$ -$ 37,519.00$ 105700 PERMANENT GRASSING - SEED 1.000 AC 4,200.00$ 4,200.00$ 1.000 AC 4,200.00$ 4,200.00$ -$ 4,200.00$ 105800 LIVE OAK - 3" CAL 95.000 EA 670.00$ 63,650.00$ 95.000 EA 670.00$ 63,650.00$ -$ 63,650.00$ 105900 LANDSCAPE MULCH 313.000 CY 53.00$ 16,589.00$ 313.000 CY 53.00$ 16,589.00$ -$ 16,589.00$ 105950 TURF ESTABLISHMENT 1.050 AC 3,825.00$ 4,016.25$ 1.050 AC 3,825.00$ 4,016.25$ -$ 4,016.25$ 106000 PLANT TOPSOIL 951.000 CY 66.00$ 62,766.00$ 951.000 CY 66.00$ 62,766.00$ -$ 62,766.00$ 106100 WEED CONTROL 3,751.000 SY 0.75$ 2,813.25$ 3,751.000 SY 0.75$ 2,813.25$ -$ 2,813.25$ 106300 IRRIGATION SYSTEM - GATOR BAG 95.000 EA 45.00$ 4,275.00$ 95.000 EA 45.00$ 4,275.00$ -$ 4,275.00$ 106400 CONS & REM INLET SEDIMENT TRAP 74.000 EA 79.60$ 5,890.40$ 74.000 EA 79.60$ 5,890.40$ -$ 5,890.40$ 106500 MAINT OF INLET SEDIMENT TRAP 74.000 EA 50.00$ 3,700.00$ 74.000 EA 50.00$ 3,700.00$ -$ 3,700.00$ 106600 MAINT OF TEMP SILT FENCE, TP C 1,155.000 LF 2.00$ 2,310.00$ 1,155.000 LF 2.00$ 2,310.00$ -$ 2,310.00$ 106700 TEMPORARY SILT FENCE, TYPE C 2,310.000 LF 3.45$ 7,969.50$ 2,310.000 LF 3.45$ 7,969.50$ -$ 7,969.50$ Total Bid Price 7,171,395.40$ (1,343,553.00)$ 5,827,842.40$ 6th Street Item #Description Bid Quantity Unit Bid Price Bid Total Qty Unit Unit Price Total Difference New total 200100 FORCE ACCOUNT 1.000 LS 200,000.00$ 200,000.00$ 1.000 LS 200,000.00$ 200,000.00$ -$ 200,000.00$ 200150 RAILROAD FLAGGING 1.000 LS 95,000.00$ 95,000.00$ 1.000 LS 95,000.00$ 95,000.00$ -$ 95,000.00$ 200200 TRAFFIC CONTROL 1.000 LS 457,200.00$ 457,200.00$ 1.000 LS 504,500.00$ 504,500.00$ 47,300.00$ 504,500.00$ 200300 TEMPORARY GRASSING 0.100 AC 10,000.00$ 1,000.00$ 0.100 AC 10,000.00$ 1,000.00$ -$ 1,000.00$ 200400 MULCH 2.000 TN 1,200.00$ 2,400.00$ 2.000 TN 1,200.00$ 2,400.00$ -$ 2,400.00$ 200500 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP 40.000 EA 79.60$ 3,184.00$ 40.000 EA 79.60$ 3,184.00$ -$ 3,184.00$ 200550 MAINTENANCE OF TEMP SILT FENCE 2,500.000 LF 2.00$ 5,000.00$ 2,500.000 LF 2.00$ 5,000.00$ -$ 5,000.00$ 200600 MAINTENANCE OF INLET SEDIMENT TRAP 40.000 EA 50.00$ 2,000.00$ 40.000 EA 50.00$ 2,000.00$ -$ 2,000.00$ 200700 TEMPORARY SILT FENCE, TYPE C 2,500.000 LF 3.45$ 8,625.00$ 2,500.000 LF 3.45$ 8,625.00$ -$ 8,625.00$ 200800 GRADING COMPLETE 1.000 LS 1,050,500.00$ 1,050,500.00$ 1.000 LS 1,326,000.00$ 1,326,000.00$ 275,500.00$ 1,326,000.00$ 200900 GR AGGR BASE CRS, INCL MATL 820.000 TN 105.00$ 86,100.00$ 820.000 TN 105.00$ 86,100.00$ -$ 86,100.00$ 201000 RECYCLED ASPH CONC LEVELING 250.000 TN 215.00$ 53,750.00$ 250.000 TN 215.00$ 53,750.00$ -$ 53,750.00$ 201100 REC ASPH CONC 12.5 MM SP 1,200.000 TN 170.00$ 204,000.00$ 1,200.000 TN 170.00$ 204,000.00$ -$ 204,000.00$ 201200 TACK COAT 1,400.000 CL 6.10$ 8,540.00$ 1,400.000 CL 6.00$ 8,400.00$ (140.00)$ 8,400.00$ 201300 MILL ASPH CONC PVMT, VARIABLE DEPTH 13,400.000 SY 6.50$ 87,100.00$ 13,400.000 SY 6.50$ 87,100.00$ -$ 87,100.00$ 201400 DRIVEWAY CONCRETE, 6 IN TK 570.000 SY 86.00$ 49,020.00$ 570.000 SY 86.00$ 49,020.00$ -$ 49,020.00$ 201500 CONC SIDEWALK, 4 IN 2,200.000 SY 49.00$ 107,800.00$ 2,200.000 SY 49.00$ 107,800.00$ -$ 107,800.00$ 201600 CONC VALLEY GUTTER, 6 IN 580.000 SY 60.00$ 34,800.00$ 580.000 SY 60.00$ 34,800.00$ -$ 34,800.00$ 201700 CONC CURB & GUTTER, 8 IN X 24 IN, TP 2 5,000.000 LF 32.20$ 161,000.00$ 5,000.000 LF 32.20$ 161,000.00$ -$ 161,000.00$ 201800 SAWED JOINTS IN EXIST PAVEMENTS - PCC 370.000 LF 7.45$ 2,756.50$ 370.000 LF 7.45$ 2,756.50$ -$ 2,756.50$ 201850 CLASS B CONCRETE PVMT WID 50.000 CY 375.00$ 18,750.00$ 50.000 CY 375.00$ 18,750.00$ -$ 18,750.00$ 201900 RECONSTR CATCH BASIN, GROUP 1 15.000 EA 7,800.00$ 117,000.00$ 15.000 EA 4,750.00$ 71,250.00$ (45,750.00)$ 71,250.00$ 202000 RECONSTR DROP INLET, GROUP 1 5.000 EA 6,400.00$ 32,000.00$ 5.000 EA 4,000.00$ 20,000.00$ (12,000.00)$ 20,000.00$ 202100 RESET SIGN 50.000 EA 175.00$ 8,750.00$ 50.000 EA 175.00$ 8,750.00$ -$ 8,750.00$ 202200 ADJUST MANHOLE TO GRADE 55.000 EA 1,650.00$ 90,750.00$ 55.000 EA 1,650.00$ 90,750.00$ -$ 90,750.00$ 202300 ADJUST WATER METER BOX TO GRADE 20.000 EA 465.00$ 9,300.00$ 20.000 EA 465.00$ 9,300.00$ -$ 9,300.00$ 202400 ADJUST WATER VALVE BOX TO GRADE 16.000 EA 365.00$ 5,840.00$ 16.000 EA 365.00$ 5,840.00$ -$ 5,840.00$ 202500 HIGHWAY SIGNS, TP 2 MATL, RS TP 9 18.000 SF 38.50$ 693.00$ 18.000 SF 38.50$ 693.00$ -$ 693.00$ 202600 GALV STEEL POSTS, TP 7 60.000 LF 15.50$ 930.00$ 60.000 LF 15.50$ 930.00$ -$ 930.00$ 202700 THERMO PVMT MARKING,RR CROSSING SYMBOL 1.000 EA 500.00$ 500.00$ 1.000 EA 500.00$ 500.00$ -$ 500.00$ 202800 THERMO SOLID TRAF STRIPE, 5 IN,WHITE 2,300.000 LF 1.50$ 3,450.00$ 2,300.000 LF 1.50$ 3,450.00$ -$ 3,450.00$ 202900 THERMO SOLID TRAF STRIPE, 5 IN,YELLOW 4,800.000 LF 0.65$ 3,120.00$ 4,800.000 LF 0.65$ 3,120.00$ -$ 3,120.00$ 203000 THERMO SOLID TRAF STRIPE, 24IN, WHITE 280.000 LF 9.00$ 2,520.00$ 280.000 LF 9.00$ 2,520.00$ -$ 2,520.00$ 203100 THERMO SOLID TRAF STRIPE, 8 IN,WHITE 2,600.000 LF 3.00$ 7,800.00$ 2,600.000 LF 3.00$ 7,800.00$ -$ 7,800.00$ 203150 TRENCH DRAIN, 15 IN 180.000 LF 430.00$ 77,400.00$ 180.000 LF 430.00$ 77,400.00$ -$ 77,400.00$ 203200 RELOCATE EXIST FIRE HYDRANT 5.000 EA 6,000.00$ 30,000.00$ 5.000 EA 6,000.00$ 30,000.00$ -$ 30,000.00$ 203300 LIGHTING STD, 11-15 FT MH, POST TOP 75.000 EA 4,275.00$ 320,625.00$ 75.000 EA 4,275.00$ 320,625.00$ -$ 320,625.00$ 203400 LUMINAIRE, TP 3, LED 85.000 EA 2,495.00$ 212,075.00$ 85.000 EA 2,495.00$ 212,075.00$ -$ 212,075.00$ 203500 CABLE, TP XHHW, AWG NO 8 1,100.000 LF 2.50$ 2,750.00$ 1,100.000 LF 2.50$ 2,750.00$ -$ 2,750.00$ 203600 CABLE, TP XHHW, AWG NO 6 18,000.000 LF 3.60$ 64,800.00$ 18,000.000 LF 3.60$ 64,800.00$ -$ 64,800.00$ 203700 CABLE, TP XHHW, AWG NO 4 6,600.000 LF 4.20$ 27,720.00$ 6,600.000 LF 4.20$ 27,720.00$ -$ 27,720.00$ 203800 CONDUIT, NONMETL, TP 2, 1 IN 2,600.000 LF 15.50$ 40,300.00$ 2,600.000 LF 15.50$ 40,300.00$ -$ 40,300.00$ 203900 CONDUIT, NONMETL, TP 2, 1 1/2 IN 1,200.000 LF 15.50$ 18,600.00$ 1,200.000 LF 15.50$ 18,600.00$ -$ 18,600.00$ 204000 CONDUIT, NONMETL, TP 3, 1 IN 1,900.000 LF 15.50$ 29,450.00$ 1,900.000 LF 15.50$ 29,450.00$ -$ 29,450.00$ 204100 CONDUIT, NONMETL, TP 3, 1 1/2 IN 830.000 LF 15.50$ 12,865.00$ 830.000 LF 15.50$ 12,865.00$ -$ 12,865.00$ 204200 ELECTRICAL SERVICE POINT 1.000 EA 14,750.00$ 14,750.00$ 1.000 EA 14,750.00$ 14,750.00$ -$ 14,750.00$ 204300 ELECTRICAL JUNCTION BOX, REINFORCED 60.000 EA 950.00$ 57,000.00$ 60.000 EA 950.00$ 57,000.00$ -$ 57,000.00$ 204400 DIRECTIONAL BORE 2,700.000 LF 11.00$ 29,700.00$ 2,700.000 LF 11.00$ 29,700.00$ -$ 29,700.00$ 204500 PERMANENT GRASSING 0.100 AC 13,000.00$ 1,300.00$ 0.100 AC 13,000.00$ 1,300.00$ -$ 1,300.00$ 204600 SOD 360.000 SY 6.30$ 2,268.00$ 360.000 SY 6.30$ 2,268.00$ -$ 2,268.00$ 204700 BRICK PAVERS 1,025.000 SF 22.00$ 22,550.00$ 1,025.000 SF 22.00$ 22,550.00$ -$ 22,550.00$ 204800 INTEGRALLY COLORED HOT APP STAMPED ASPH 350.000 SY 180.00$ 63,000.00$ 350.000 SY 180.00$ 63,000.00$ -$ 63,000.00$ 264,910.00$ Total Bid Price 3,948,331.50$ 4,213,241.50$ Total Deductions-5th and 6th (1,078,643.00)$ Grand Total Original Bid 11,119,726.90$ 10,041,083.90$ Revised Contract Amt Request for Proposals Request for Proposals will be received at this office until Monday, July 18, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 846 1827 7583; Passcode: 547264 for furnishing: RFP Item #22-258 5th Street Improvement Projects and 6th Street Improvement Projects for Augusta, GA – Engineering Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). Plans and specifications for the project shall be obtained by all prime contractors, subcontractors, and suppliers exclusively from Augusta Blueprint. The fees for the plans and specifications which are non-refundable are $295.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blueprint (706-722-6488) beginning Thursday, June 2, 2022. Proponents are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Pre-Proposal Conference will be held on Monday, June 27, 2022 @ 10:00 a.m. Via Zoom – Meeting ID: 830 8767 0491; Passcode:660857 . All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, June 28, 2022 @ 5:00 P.M. No RFP will be accepted by fax or email, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 10% Bid Bond is required. A 100% performance bond and a 100% payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 2, 9, 16, 23, 2022 Metro Courier June 2, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Addendum 1 Original 7 Copies Fee Proposal Bid Bond Compliance Review 7% Goal ER Snell Contractor Inc 1785 Oak Rd. Snellville, GA 30078 Yes 22114 Yes Yes Yes Yes Yes Yes Yes JHC Corporation 15 Fresh Bru Dr. Newman, GA 30263 Yes 413897 Yes Yes Yes Yes Yes Yes Yes Reeves Construction 1 Apac Industrial Way Augusta, GA 30907 Yes 667047 Yes Yes Yes Yes Yes Yes Yes RFP Opening - RFP Item #22-258 5th Street Improvement Project and 6th Street Improvement Project for Augusta, GA – Engineering Department RFP Date: Tuesday, July 26, 2022 @ 3:00 p.m. Total Number Specifications Mailed Out: 23 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 533 Georgia Procurement Registry: 1177 Total packages submitted: 3 Total Noncompliant: 0 Page 1 of 1 ER Snell Contractor Inc 1785 Oak Rd. Snellville, GA 30078 JHC Corporation 15 Fresh Bru Dr. Newman, GA 30263 Reeves Construction 1 Apac Industrial Way Augusta, GA 30907 ER Snell Contractor Inc 1785 Oak Rd. Snellville, GA 30078 JHC Corporation 15 Fresh Bru Dr. Newman, GA 30263 Reeves Construction 1 Apac Industrial Way Augusta, GA 30907 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 5.0 2.5 5.0 100.0 50.0 100.0 3. Organization & Approach (0-5)10 5.0 2.5 5.0 50.0 25.0 50.0 4.Scope of Services Roadway construction, storm drainage construction, curb and gutter construction, sidewalk construction, traffic signal modifications and installation, street light installation on these corridors. The contractor shall be able to self- perform majority 50% of the required work. a. 5th Street Improvement project b. 6th Street Improvement Project (0-5)25 5.0 2.0 4.0 125.0 50.0 100.0 5. Schedule of Work (0-5)5 5.0 1.5 5.0 25.0 7.5 25.0 6. References (0-5)5 5.0 5.0 5.0 25.0 25.0 25.0 Within Richmond County 5 10 5.0 0.0 0.0 50.0 Within CSRA 5 6 0.0 0.0 0.0 Within Georgia 5 4 5.0 5.0 20.0 20.0 0.0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0.0 0.0 0.0 • All Others 5 1 0.0 0.0 0.0 30.0 18.5 29.0 345.0 177.5 350.0 8. Presentation by Team (0-5)10 3.0 5.0 30.0 0.0 50.0 9. Q&A Response to Panel Questions (0-5)5 5.0 5.0 25.0 0.0 25.0 Lowest Fees 5 10 5.0 0.0 0.0 50.0 Second 5 6 5.0 30.0 0.0 0.0 Third 5 4 0.0 0.0 0.0 Forth 5 2 0.0 0.0 0.0 Fifth 5 1 0.0 0.0 0.0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 13.0 0.0 15.0 85.0 0.0 125.0 43.0 18.5 44.0 430.0 177.5 475.0 Procurement DepartmentRepresentative:______Nancy Williams__________________________________ Procurement Department Completion Date: 8/15/22 Phase II 8-23-22 Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: 8/15/22 Phase II 8/23/22 Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Cost/Fee Proposal Consideration10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Vendors Phase 1 RFP Opening - RFP Item #22-258 5th Street Improvement Project and 6th Street Improvement Project for Augusta, GA – Engineering Department RFP Date: Tuesday, July 26, 2022 @ 3:00 p.m Evaluation Date: Wednesday, August 10, 2022 @ 10:00 a.m. via ZOOM 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) Weighted Scores 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. Augusta, Georgia is not restricted from using alternative procurement methods for 2 obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or 3 provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, 4 additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. Commission Meeting Agenda 12/6/2022 2:00 PM 5th Street and 6th Street Improvements Projects TIA Project Number: RC07-001213 / PI#0011415and TIA Project Number: RC07-001220 / PI#0011421 RFP #22-258 File Reference: 22-014 (T) Department:Engineering Department:Engineering Caption:Motion to approve award of Construction Contract to Reeves Construction, subject to Value Engineering and in the amount of $10,041,083.90, for Transportation Investment Act (TIA) Projects, 5th Street & 6th Street Improvements Projects, subject to receipt of signed contracts and proper bonds. RFP 22-258 / requested by Engineering. (Approved by Engineering Services Committee November 29, 2022) Background:The 5th Street and 6th Streets Improvements are projects from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. These are Band 3 projects. The improvements consist of improving roadway safety by resurfacing, reconstructing the existing curb and gutter, replacing sidewalks and improving the storm water system. The project will improve pedestrian safety at intersections with new high visibility crosswalks. New street landscaping and lighting will be provided, where possible, to enhance pedestrian use and improvement roadway aesthetics. Analysis:RFP’s were received on July 26, 2022 and were evaluated based on criteria outlined in the RFP document. Reeves Construction being the most responsible proposer. Engineering and Procurement entered into contract negotiations with Reeves. The following contractors submitted proposals. 1. E R Snell Contractor, Inc. 2. Reeves Construction Co 3. JHC Corporation Financial Impact:Funds are available in Projects TIA Funds. Alternatives:Do not approve and find alternative to complete the project and meet TIA project completion schedule. Recommendation:Approve award of Construction Contract to Reeves Construction, subject to Value Engineering and in the amount of $10,041,083.90, for Transportation Investment Act (TIA) Projects, 5th Street & 6th Street Improvements Projects, subject to receipt of signed contracts and proper bonds. RFP 22-258 / requested by Engineering. Funds are Available in the Following Accounts: ($4,905,696) 371-041110-54.14110-T15041213 – 5th Street Improvements (TIA Funds) ($5,135,388) 371-041110-54.14110- T15041220 – 6th Street Improvements (TIA Funds) REVIEWED AND APPROVED BY: AMENDMENT NO. 10 to the AGREEMENT Between ESG OPERATIONS, LLC And AUGUSTA, GEORGIA For Operations, Maintenance and Management Services This Amendment is made and entered into this ___ day of December, 2022 between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, a political subdivision of the State of Georgia (hereinafter “Augusta”), and ESG OPERATIONS, LLC, a Georgia corporation, (hereinafter “ESG”). This is Amendment No. 10 to the Agreement dated the 16th day of December 2009, as amended, between Augusta and ESG (the “Agreement”). The effective date of this Amendment No. 10 is 1st day of January 2023. NOW THEREFORE, Augusta and ESG agree to amend the Agreement as follows: REPLACE Article 4.1 with the following new Article: 4.1 Augusta shall pay to ESG a base fee equal to the Augusta budget shown in Appendix F. This includes the actual cost of the Scope of Services performed by ESG plus a Management and Administrative Fee. The base fee shall not include services which are not specifically defined by Section 2 of this Agreement. The base fee for this Amendment shall be Six Million Four Hundred Sixty-one Thousand Five Hundred and Twenty Dollars ($6,461,520.00) and the Management and Administrative Fee shall be Seven Hundred Seventy-Five Thousand Three Hundred and Eighty Dollars ($775,380.00). The base fee and the Management and Administrative Fee shall be payable in advance in equal monthly installments which shall be Six Hundred Three Thousand and Seventy-Five Dollars ($603,075.00). Said base fee shall be for the period beginning on January 1st, 2023 and ending on December 31st, 2023. Thereafter, the base fee will be negotiated as described in Article 4.2. The Management and Administrative Fee shall increase proportionally with the base fee adjustments described in Articles 4.2 and 4.4 of the Agreement. ESG Operations, Inc. and Inframark, LLC merged on October 15, 2021. The performance of day- to-day operations and services will be led by existing ESG leadership from the corporate offices which will continue to be located in Macon, Georgia. The merger will allow Inframark’s shared support services centers to be leveraged for the potential benefit of Augusta. In order to achieve the potential benefits ESG hereby transfers and assigns to Inframark, LLC, who will do business as “ESG Operations”, all of ESG’s rights, title, and interest as well as all its obligations under the Agreement and Augusta hereby consents to said transfer and assignment effective January 1, 2022. REPLACE Appendix F with the following new Appendix F. REPLACE Appendix F1 with the following new Appendix F1. ADD Appendix I. REPLACE Appendix N with the following new Appendix N. All other terms and conditions remain in effect in accordance with the Agreement referenced in this Amendment. Both parties indicate their approval of this Amendment No. 10 by signature below. Authorized signatures: ESG OPERATIONS, LLC. By: ________________________________ Daniel E. Groselle, PE, Principal Date: ________________________________ AUGUSTA, GEORGIA By: ________________________________ Hardie Davis, Jr. Mayor Date: _____________________________ ATTEST: ___________________________ Clerk of Commission Date: _____________________________ INRARMARK, LLC d/b/a ESG Operations By:______________________________ Daniel E. Groselle, Chief Executive Officer Appendix F 2023 Project Budget and Staffing Plan Project Budget PERSONNEL SERVICES $ 1,907,520.00 ADMINISTRATIVE EXPENSES $ 109,000.00 UTILITIES $ 190,000.00 CHEMICALS $ 665,000.00 MATERIALS & SUPPLIES $ 250,000.00 VEHICLES & EQUIPMENT $ 90,000.00 OUTSIDE SERVICES $ 600,000.00 BIOSOLIDS MANAGEMENT $ 1,860,000.00 MAINTENANCE & REPAIR $ 600,000.00 TOTAL OPERATING BUDGET $6,271,520.00 MANAGEMENT & ADMINISTRATIVE FEE (12%) 752,580.00 CONTRACTOR’S SUBTOTAL $ 7,024,100.00 DIRECTOR’S ALLOWANCE $ 190,000.00 MANAGEMENT & ADMINISTRATIVE FEE (12%) 22,800.00 DIRECTOR’S ALLOWANCE SUBTOTAL 212,800.00 TOTAL 2023 BUDGET $ 7,236,900.00 Appendix F (Continued) 2023 Project Budget and Staffing Plan Project Staffing Plan Budgeted Position Budgeted Number Project Director 1 Lab/ IPP Manager 1 Operations Manager 1 Maintenance Manager 1 Land Application Manager 1 Operators 11 Lab Analysts 2 IPP Technicians 2 Mechanics 5 Maintenance Support 3 Administrative 1 Education Specialist 2 Appendix F-1 Budget Reconciliation As provided by the terms of Article 4.2 of the Agreement ESG has provided a year end reconciliation of the actual cost attributable to the performance of the Scope of Services for Contract Years 2020 and 2021. In conjunction with the annual audit the additional cost of actual expenditures in 2020 were $799,702.29 and said amount shall be payable upon submission of an invoice. In conjunction with the annual audit the additional cost of actual expenditures in 2021 were $918,491.00 and said amount shall be payable upon submission of an invoice. No management or administrative fees were applied or included regarding the year end reconciliation for either Contract Year 2020 or 2021. The management and administrative fees for Contract Years 2020 and 2021 have been waived. Following the year end reconciliation and annual audit of the actual cost attributable to the performance of the Scope of Services for Contract Year 2022, inclusive of applicable management and administrative fees, any additional cost of actual expenditures in an amount not to exceed $1,136,000.00 shall be payable upon submission of an invoice. In the event the actual expenditures confirmed by the reconciliation and annual audit exceed $1,136,000.00 the amount remaining shall be invoiced on a schedule approved by Augusta. Appendix I 2023 Sewer Assessment Project Budget Project Budget SL-RAT Deployment $250,000.00 ADMINISTRATIVE FEE (12.0%) $ 30,000.00 TOTAL 2023 BUDGET $ 280,000.00 Subject to the terms here-in, ESG will facilitate the following activities. The collection system will be assessed with the SL-RAT to comply with EPD system assessment requirements. AUD Collections Department will select all locations and scope for deployment of SL-RAT operations. During SL-RAT operations, manholes will be inspected and asset data accuracy verified in GIS. Manhole data collected will be used to assist with the I&I program and infrastructure improvements. When segments consistently have low scores, mains will be cleaned and video recorded. Data will be entered into CityWorks, and repair work orders generated as needed. Appendix N 2023 Water Tank Management Budget Project Budget WATER TANK ROUTINE MAINTENANCE $ 89,000.00 TOTAL 2022 BUDGET $ 89,000.00 Subject to the terms herein, ESG or its subcontractor shall provide the labor to perform the following tasks (collectively the “Inspection Services”): visual inspections (annual) and washout inspections (bi-annual) of the Tanks for the purpose of reviewing any paint and/or maintenance needs of the identified Tanks of the Owner. The Visual Inspection is completed annually which includes climbing the tank to verify not only coating condition, but safety and sanitary conditions related to maintaining compliance with Georgia EPD regulations. All screens are inspected and replaced yearly as needed, and tank hatches secured to prevent any unauthorized entry. The tank’s legs, rods and connection points, ladders, safety equipment, roof and interior are visually inspected as part of each inspection. The condition is photographed and documented in our CMMS (Computerized Maintenance Management System) and a yearly Condition Assessment report is provided. These inspections are completed while the tank remains in service and they will not cause any interruptions in service. In addition to the annual Visual Inspection, a bi-annual Washout Inspection is completed to perform a complete interior coating inspection. As part of the Washout Inspection, the tank will be drained and removed from service, by the Owner, so that any dirt, sediment, silt, or other foreign matter may be removed from the bowl area by pressure washing at 3500 psi. After cleaning, if any minor areas of corrosion are noted in the tank’s bowl area, they will be repaired at this time. After the inspection is completed, the tank will be disinfected per AWWA C652 and readied for return to service. The bi-annual inspections are documented in our CMMS system and on every other Contract Year will be provided with the Condition Assessment report for that same Contract Year. Typically, this work can be completed in one days’ time, based on the tank being drained and ready for service upon arrival of crew. Each visual inspection and washout inspection of the Tanks will include a written recommendation of suggested corrective maintenance repairs related to exposed and assessable components such as steel replacement, steel parts, expansion joints, water level indicator, venting, safety climb systems, sway rod adjustments, manhole covers, gaskets and any other components of each tanks which are readily assessable to visual inspection. Inspection Services shall be limited to those tasks which are normally included in routine preventive maintenance inspection practices as provided by members of the storage tanks maintenance profession in the Southeastern United States. Inspection Services shall not include or encompass the performance by ESG of any inspection related to any portion of the Tanks which is contained below ground, embedded in steel or part of any in-ground valves and piping. The City acknowledges that the Inspection Services to be performed by ESG do not include and are not related to Lead Abatement Procedures or disposal of any Hazardous Waste Materials, nor the detection or mitigation of deterioration of any embedded structural or non-structural elements encased within any concrete structure which is a part of the Tanks. Following each inspection the City will receive from ESG inspection reports and photographs describing the condition of any Tank(s). ESG acknowledges that the referenced inspections are not intended to determine the design integrity or structural integrity, inclusive of any latent design or construction defects of the Tanks. In each inspection report (visual or washout), ESG will identify necessary maintenance or repairs of the Tanks, if any, and may perform such maintenance and repairs subject to the terms and conditions of an addendum to this Agreement mutually agreed to and executed by the ESG and City. The City shall, during the term of the Agreement, provide the following in order to facilitate the performance of the services described by this Exhibit H: a) provide electrical service (110 Volt) to the Tank(s) site; b) provide at a minimum a ¾” water service to any site of a Tank(s) site; and c) provide an access road to any Tank(s) site sufficient for the performance of the Inspection Services by ESG. The Inspection Services provided by ESG under the terms of this Appendix N are of a professional nature and shall be performed in accordance with the degree of skill and care ordinarily exercised by members of the storage tanks maintenance profession in the Southeastern United States for similar and comparable water storage tanks. Commission Meeting Agenda 12/6/2022 2:00 PM Amendment No. 10 to the Contract with ESG Operations, Inc. for the Operation of Water Pollution Control Facilities. Department:Utilities Department:Utilities Caption:Motion to approve Amendment No. 10 to Agreement with ESG Operations, Inc. to establish the final budget amount for 2023.(Approved by Engineering Services Committee November 29, 2022) Background:On December 16, 2009, Augusta and ESG Operations, Inc. (ESG) entered into an Agreement for Operations, Maintenance and Management Services. Attached is a proposed Amendment No. 10 from ESG, which sets forth a 2023 budget (Appendix F) of $7,236,900.00. The estimated cost of wastewater treatment services for 2023 is $7,024,100.00. We have also included an allowance of $212,800.00 to provide for ESG assistance as may be needed at the water treatment facilities and other areas within our system. In addition, the following appendices are also included in this agreement: Appendix F-1 to this amendment is the reconciliation of 2020, 2021 and forecasted 2022 Year actual cost to the projected cost. These costs are $799,702.29, $918,491.00 and $1,136,000.00 respectively. These amounts are due to significant increases in operating cost in general and specifically in chemical cost, biosolids processing cost, elevated process loading rates due to periodic events of high strength and high volume flows resulting in higher than normal energy usage and biosolids production. Appendix I $280,000.00 To assist with inspection of the wastewater collection system including manhole inspections and condition assessment of piping using SL-RAT technology. Appendix N $89,000.00 is for continuation of routine water tank maintenance and inspections that began in 2018. Analysis:The proposed budget for the operation of our water pollution control facilities represents a 3.5% average annual rate of increase over the life of this agreement. The projected increases are attributed to increased volumes of flow and organic loading to the treatment process, anticipated chemical cost increases and an increase in solids handling requirements. The additional items included in the appendices provide needed services in our water storage and distribution system as well as our wastewater collection system. Financial Impact:$7,326,900.00 for estimated annual Operation and Maintenance cost. $3,223,193.29 for additional work as described in Appendixes F-1, I and N. Alternatives:Pursue other delivery methods for the proposed additional work. (Not Recommended) Recommendation:We recommend approval of Amendment No. 10 to the contract with ESG Operations, Inc. for the Operation of Water Pollution Control Facilities and additional work as described. Funds are Available in the Following Accounts: 506043310-5211110 506043410-5211110 506043580-5223211 REVIEWED AND APPROVED BY: 1000 ft N ➤➤ N UTILITIES DEPARTMENT Wes Byne, P.E. Director Augusta Utilities – Engineering Division 452 Walker Street, Ste 200 - Augusta, GA 30901 (706) 312-4154 – Fax (706) 312-4123 WWW.AUGUSTAGA.GOV MEMO DATE: November 15, 2022 TO: Geri Sams, Procurement Director FROM: Wes Byne, P.E., Utilities Director SUBJECT: Award Contract to Gearig Civilworks for the purchase of water line pipe for part of the Augusta Corporate Park Utility Extension The Augusta Utilities Engineering Department (AUD) was asked by Purecycle, a company planning to come to the Augusta Corporate Park, to bypass an existing water line that is running through their project site and serving another project, Aurubis. By installing this bypass line now there will be no disruption of water service to Aurubis once Purecycle begins their grading. Additionally, this new line will become part of the final water line project for the overall development currently scheduled for bidding in 2023. AUD was informed a few months ago that Purecycle will begin grading their site very soon. AUD reached out to Gearig Civilworks, an AUD Task Order Contactor, requesting they prepare to install a bypass water line around Purecycle’s site. Gearig Civilworks was asked to perform the task as they were grading the site for both Aurubis and Purecycle and they were familiar with the limits of the project. AUD gave Gearig Civilworks permission to purchase the materials for the project due limited availability of water line materials at the time. Since Gearig Civilworks has purchased the material, Purecycle has delayed the need to relocate the existing water line. The water line materials that Gearig Civilworks has purchase can be used in the installation of the new water line for the Augusta Corporate Park. The material cost for this project is $170,500. AUD has found the proposal and fee to be fair and reasonable and is requesting approval to award the contract to Gearig Civilworks for the above referenced project. GEARIG CIVILWORKS, LLC. 322 Grimaude Blvd. Grovetown, GA 30813 PHONE: (706)860-5981 FAX: (706)860-9639 BILL TO: INVOICE NUMBER: 22008-1100 Valencia Way C-900 Augusta Utilities Department DATE: 9/27/2022 452 Walker St.DUE DATE: 10/27/2022 Augusta, GA 30901 SHIP TO: PROJECT NO: 22008-1100 439 Valencia Way PROJECT NAME: Valencia Way C-900 Water Main Augusta, GA 30906 THE INVOICE IS AS FOLLOWS: #QTY UNITS 1.2,200.00 LF 2. 3. 4. 5.$0.00 $0.00 $0.00 $170,500.00 $170,500.00 N/A Net Invoice Total Sales Tax Materials & Services Subtotal N/A10% Retainage Date: Invoice by: Title: Project Manager Date: 9/27/22 Accepted by: Title: Jon Daniel Material Invoice COSTUNIT COSTDESCRIPTION OWNER: ENGINEER: CONTRACTOR: FIELD: OTHER C-900 DR-14 BLUE PIPE 12"x20'$77.50 $170,500.00 $0.00 Commission Meeting Agenda 12/6/2022 2:00 PM Augusta Corporate Park Bypass Water Line – Pipeline Purchase Department:Utilties Department:Utilties Caption:Motion to approve construction services contract with Gearig Civilworks for the purchase of 2,200 linear feet of 12” PVC water line pipe to be installed along Valencia Way in the amount of $170 ,500.00.(Approved by Engineering Services Committee November 29, 2022) Background:AUD recommends the Commission award a contract to Gearig Civilworks in the amount of $170,500.00 for the purchase of 2,200 linear feet of 12” PVC water line. This material is to be used to install that new water line within Valencia Way’s Right-of-Way. Gearig was chosen to perform construction of this line under Task Order funding previously approved for use by the commission. AUD is currently using an existing 10” water line that lies through the Augusta Corporate Park site to supply construction water to the newly permitted Aurubis site. This water line conflicts with the preparation of the Purecycle site located to the north and will lead to a disruption of water to the Aurubis site. To allow Purecycle site to continue unabated a new water line will need to be installed along Valencia Way to bypass a segment of the existing water line that lies within that site. This bypass line will become part of the future permanent water system within the area. The fee for this material is $170,500.00. Analysis:Gearig Civilworks has provided a fee to purchase these materials that was deemed to be fair and reasonable. Financial Impact:Funding in the amount of $170,500.00 is available from accounts: 507043420-5425210/ 82100130-5425210. Alternatives:No alternatives are recommended. Recommendation:AUD recommends the Commission award a contract to Gearig Civilworks in the amount of $170,500.00 for purchase of 2,200 linear feet of 12” C-900 PVC water line pipe. Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043420-5425210/ 82100130-5425210. REVIEWED AND APPROVED BY: October 26, 2022 Dr. Hameed Malik, PhD, PE Director – Engineering Augusta Engineering Department 452 Walker Street, Suite 110 Augusta, Georgia 30901 VIA E-mail RE: Design Services Additional Fee Request PI #0011382 Broad St. Improvements – Accelerated Delivery, CMGC Collaboration, MLK Monument Planning and Design Dr. Malik: This letter is a request for additional fees associated with the Broad St. Improvements Project due to three items discussed herein. During the execution of the 90% plans for Broad St. it was determined that the contracting method for this project would be switched from a Design-Bid-Build delivery to a Construction Manager/General Contractor (CMGC) delivery. This method of delivery did not initiate a new contract between Hussey Gay Bell and Augusta-Richmond County, however, it did cause additional scope to include coordination requirements, collaboration and meetings with the selected contractor. Secondly, during our initial meeting with the CMGC team, Augusta Engineering Department (AED) requested an accelerated delivery of the 90% plans and cost estimate in order to begin the costing exercise with the contractor. It was understood that the accelerated delivery would cause the design budget to be impacted mainly by the addition of resources to the project necessary to meet the delivery date. Lastly, AED requested a fee for the design of a Martin Luther King (MLK) monument area be incorporated into the Broad Street Improvements design. Below is a summary of the additional fees requested. Accelerated Delivery – Resource Impact $24,785.00 CMGC Collaboration $24,410.00 MLK Monument Planning and Design $22,500.00 TOTAL ADDITIONAL FEE: $71,695.00 You can contact me with any questions or concerns at cparker@husseygaybell.com or at 770-476-7782. Sincerely, Clint V. Parker, PE, PMP Project Manager Hussey Gay Bell (SA2 – For changes greater than $25,000) January 2021 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T15040107 GDOT Number (s): RC07-000107 PI 0011382 Supplemental Agreement Number: 3 Purchase Order Number: 19ENG752 WHEREAS, We, Hussey Gay Bell (HGB). Consultant, entered into a contract with Augusta-Richmond County on July 31, 2012 for engineering design services associated with the improvements to Broad Street Improvements. Project RC07-000107, PI 0011382, File Reference No. 20-014 (T), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional Engineering Services for MLK Monument Planning & Design. It is agreed that as a result of the above-described modifications the contract amount is increased by $71,695.00 from $2,564,819.69 to a new total of $2,636,514.69. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Hussey Gay Bell (HGB). Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned item, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY Hussey Gay Bell (HGB). AUGUSTA, GEORGIA Hardie Davis, Mayor Approved Date: Approved: Date: [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Commission Meeting Agenda 12/6/2022 2:00 PM Broad Street Improvements Project Design Services for Roadway Improvements TIA Project Number: RC07- 000107 / PI#0011382 RFP Item: 18-311 File Reference: 22 – 014(T) Department:Engineering Department:Engineering Caption:Motion to approve supplemental funding (SA3) for Engineering Phases of Design Consultant Services Agreement to Hussy Gay Bell (HGB) in the amount of $71,695 for the Broad Street Improvements. RFP 18-311 / requested by the AED.(Approved by Engineering Services Committee November 29, 2022) Background:The Broad Street Improvements is a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. The Broad Street is a Band 3 project. The project improvements consist of improving roadway safety by resurfacing, reconstructing the existing curb and gutter, replacing sidewalks and improving the storm water system. The project will improve pedestrian safety at intersections with new high visibility crosswalks. New street landscaping will be provided, where possible, to enhance pedestrian use and improvement roadway aesthetics. The roadway design is in final plan development stage. Due to design completion time constrains, there is need for accelerated delivery to complete remaining design elements. It warrants supplement services. Analysis:On April 5, 2019, commission approved to move the project from preliminary initial concept to design. The project is in the final design phase and supplemental professional services are needed for getting this project construction ready and construction letting complete by December 31, 2022 as required by TIA applicable rules & regulations. Financial Impact:Project TIA Funds. Alternatives:1). Do not approve and find alternative to complete the project and meet TIA project completion schedule. Recommendation:Approve supplemental funding (SA3) for Engineering Phases of Design Consultant Services Agreement to Hussy Gay Bell (HGB) in the amount of $71,695 for the Broad Street Improvements. RFP 18-311 / requested by the AED. Funds are Available in the Following Accounts: (71,695) 371-041110-52.12115 –T15040107 Broad Street Improvements (Project TIA Funds) REVIEWED AND APPROVED BY: DATE: TO: THROUGH: FROM: SUBJECT: November 23,2022 The Honorable Hardie Davis, Mayor Members of the Commission Bra ndon Ga rrett, Cha i rma n, Engi neeri ng Services Com mittee Takiyah Douse, lnterim Administrator Hameed Malik, Ph.D., P.E., Director of Engineering & Environmental Services Comcast Franchise Agreement Augusta, Georgia Right of Way Use File Referencez 22- 014(A) CAPTION: BACKGROUND: ANALYSIS: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDATION: REQUESTED AGENDA DATE:Committee Meeting: November 29, 2022 Commission Meeting: December 6, 2022 Approve entering into Franchise Agreement (Agreement) with Comcast of Georgia/South Carolina, LCC. Also, approve the Agreement to be executed by Augusta, GA Legal Counsel and the Mayor. requested by Augusta Engineering. Comcast of Georgia/South Carolina, LLC (Comcast) is the owner of cable & telecommunication facilities located within the Augusta, GA (City) streets (right of way). Comcast is operating under 1998 Jones Communication of Georgia/South Carolina, lnc (Jones Communication) agreement (February 3, 1998 adopted ordinance no. 6003) that was amended by Ordinance No. 6348 on January 7, 2014. Comcast acquired Jones Communications and the Franchise is now held by the Comcast. Entering into new agreement provides both parties opportunity to make needed changes per current standards and applicable rules, regulations, and policies. lt also formalized Franchise Agreement directly with the comcast. Potential increase in franchise fee revenue annually Do not approve and continue operating under current agreement Approve entering into Franchise Agreement (Agreement) with comcast of Georgia/south carolina, LCC. Also, approve the Agreement to be executed by Augusta, GA Legal Counsel and the Mayor. requested by Augusta Engineering. FUNDS ARE AVAILABLE IN THE FOLLOWING ACCoUNTS: N/A Franchise Agreement between Augusta-Richmond County, Georgia and Comcast of Georgio/South Carolina, LLC SECTION I SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION IO APPENDIX A APPENDIX B ENFORCEMENT.............9 ASSIGNMENT AND OTHER TRANSFERS ........................ I I INSURANCE AND INDEMNITY ......................I I PUBLIC, EDUCATION, GOVERNMENT ACCESS,,..........12 MISCELLANEOUS .......I3 DEFINED TERMS ...... A-I cusToMER SERVICE STANDARDS ...............................B- I AGREEMENT TI.ttsAGREEMENTiseffectiveasofthe-dayof-,2o22(the..Effective Date"), and is between Augusta-Richmond County, Georgia, (the "Franchising Authority" or "Augusta"), and Comcast of Georgia/South Carolina, LLC (the "Company"). For purposes of this Agreement, unless otherwise defined in this Agreement, the capitalized terms, phrases, words, and their derivations, shall have the meanings set forth in Appendix A. The Franchising Authority, having determined that the financial, legal, and technical ability of the Company is reasonably sufficient to provide the services, facilities, and equipment necessary to meet the current and future cable-related needs of the community and that, as of the Effective Date, the Company is in material compliance with the terms and conditions of the cable franchise preceding this Agreement, desires to enter into this Agreement with the Company for the construction, operation, and maintenance of a Cable System on the terms and conditions set forth herein. [n consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows: SECTION T GRANT OF AUTHORITY l.l Grant of Franchise. The Franchising Authority hereby grants under the Cable Act a nonexclusive franchise (the "Franchise") to occupy and use the Streets within the Franchise Area in order to construct operate, maintain, upgrade, repair, and remove the Cable System, and provide Cable Services through the Cable System, subject to the terms and conditions of this Agreement. This Franchise authorizes Cable Service, and it does not grant or prohibit the right(s) of the Company to provide other services. 1.2 Term of Franchise. This Franchise shall be in effect for a period of ten (10) years commencing on the Effective Date, unless renewed or lawfully terminated in accordance with this Agreement and the Cable Act. 1.3 Renewal. Subject to Section 626 of the Cable Act (47 U.S.C. $ 546) and such terms and conditions as may lawfully be established by the Franchising Authority, the Franchising Authority reserves the right to grant or deny renewal of the Franchise. 1.4 Reservation of Authority. Nothing in this Agreement shall (i)abrogate the right of the Franchising Authority to perform any public works or public improvements of any description, (ii) be construed as a waiver of any codes or ordinances of the Franchising Authority or of the Franchising Authority's right to require the Company or any Person utilizing the Cable System to secure the appropriate permits or authorizations for its use, or (iii) be construed as a waiver or release of the rights of the Franchising Authority in and to the Streets. Notwithstanding the above, in the event of any conflict between this Agreement and any code or ordinance adopted by the Franchising Authority, the terms and conditions of this Agreement shall prevail. 1.5 Competitive Equitv and Subsequent Action Provisions. 1.5.1 Purposes. The Company and the Franchising Authority acknowledge that there is increasing competition in the video marketplace among cable operators, direct broadcast satellite providers, telephone companies, broadband content providers, and others; new technologies are emerging that enable the provision of new and advanced services to Augusta residents; and changes in the scope and application of the traditional regulatory framework governing the provision of Video Services are being considered in a variety of federal, state, and local venues. To foster an environment where all Cable Service Providers and Video Service Providers using the Streets can compete on a competitively neutral and nondiscriminatory basis; encourage the provision of new and advanced services to Augusta residents; promote local communications infrastructure investments and economic opportunities in Augusta; and provide flexibility in the event of subsequent changes in the law, the Company and the Franchising Authority have agreed to the provisions in this Section 1.5, and these provisions should be interpreted and applied with these purposes in mind. The parties agree that the Franchising Authority shall not be required to execute a franchise agreement or authorization with a competitive CSP or VSP that is identical, word-for-word, with this Agreement to avoid triggering the provisions of this Section 1.5, so long as the regulatory and financial burdens on and benefits to each CSP or VSP are materially equivalent to the burdens on and benefits to the Company. "Materially equivalent" provisions include but are not limited to: franchise fees and the definition of Gross Revenues; system build-out requirements; security instruments; public, education and government access channels and support; customer service standards; and audits. 1.5.2 Fair Terms for All Providers. Not'withstanding any other provision of this Agreement or any other provision of law, (a) If any VSP or CSP enters into any agreement with the Franchising Authority to provide Video Services or Cable Services to Subscribers in the Franchise Area, the Franchising Authority and the Company, upon written request ofthe Company, will use best efforts in good faith to negotiate the Company's proposed Franchise modifications, and such negotiation will proceed and conclude within sixty (60) days, unless that period is reduced or extended by mutual agreement of the parties. If the Franchising Authority and the Company agree to Franchise modifications pursuant to such negotiations, then the Franchising Authority shall amend this Agreement to include the modifications. If there is no written agreement or other authorization between the new VSP or CSP and the Franchising Authority, the Company and the Franchising Authority shall use the sixty (60) day period to develop and enter into an agreement or other appropriate authorization (to the extent the Company determines an agreement or authorization is necessary) that to the maximum extent possible contains provisions that will ensure competitive equity between the Company and other VSPs or CSPs, taking into account the terms and conditions under which the new VSP or CSP is allowed to provide Video Services or Cable Services to Subscribers in the Franchise Area. (b) Following the Franchise modification negotiations provided for in Section 1.5.2(a), if the Franchising Authority and the Company fail to reach agreement in such negotiations, the Company may, at its option, elect to replace this Agreement by opting in to the same franchise agreement or other lawful authorization that the Franchising Authority has granted to the new VSP or CSP. If the Company so elects, the Franchising Authority shall adopt the Company's replacement agreement at the next regularly scheduled commission meeting. (c) The Franchising Authority shall at all times enforce the state and federal ban on providing Cable Service without a franchise. The Franchising Authority's enforcement efforts shall be continuous and diligent throughout the term of this Agreement. Should the Franchising Authority not corlmence enforcement efforts within sixty (60) days ofbecoming aware of a VSP or CSP providing Video Service or Cable Service within the Franchise Area, the Company shall have the right to petition the Franchising Authority for the relief provided in Section 1.5.2 above. (d) This Section 1.5.2 shall not apply for VSPs or CSPs providing Video Service or Cable Service in the Franchise Area under the authorization of the Georgia Consumer Choice for Television Act (O.C.G.A. $ 36-76-1, et seq.). 1.5.3 Subsequent Chanqe in Law. If there is a change in federal, state, or local law that provides for a new or alternative form of authorization, subsequent to the Effective Date, for a VSP or CSP utilizing the Streets to provide Video Services or Cable Services to Subscribers in the Franchise Area, or that otherwise changes the nature or extent of the obligations that the Franchising Authority may request from or impose on a VSP or CSP providing Video Services or Cable Services to Subscribers in the Franchise Area, the Franchising Authority agrees that, notwithstanding any other provision of law, upon the written request and at the option of the Company, the Franchising Authority shall: (i) permit the Company to provide Video Services or Cable Services to Subscribers in the Franchise Area on substantially the same terms and conditions as are applicable to a VSP or CSP under the changed law; (ii) modifu this Agreement to comply with the changed law; or (iii) modiff this Agreement to ensure competitive equity between the Company and other VSPs or CSPs, taking into account the conditions under which other VSPs or CSPs are permitted to provide Video Services or Cable Services to Subscribers in the Franchise Area. The Franchising Authority and the Company shall implement the provisions of this Section 1.5.3 within sixty (60) days after the Company submits a written request to the Franchising Authority. Should the Franchising Authority fail to implement these provisions within the time specified, this Agreement shall, at the Company's option and upon written notice to the Franchising Authority, be deemed amended as initially requested by the Company under this Section 1.5.3. Notwithstanding any provision of law that imposes a time or other limitation on the Company's ability to take advantage of the changed law's provisions, the Company may exercise its rights under this Section 1.5.3 at any time, but not sooner than thirty (30) days after the changed law goes into effect. 1.5.4 Effect on This Asreement. Any agreement, authorization, right, or determination to provide Cable Services or Video Services to Subscribers in the Franchise Area under this Section 1.5 shall supersede this Agreement. 2.t SECTION 2 THE CABLE SYSTEM The System and Its Operations. 2.1.1 Service Area. As of the Effective Date, the Company operates a Cable System within the Franchise Area. 2-1.2 System. As of the Effective Date, the Company maintains and operates a Cable System capable of providing over 250 Channels of Video Programming, which Channels may be delivered by analog, digital, or other tansmission technologies, at the sole discretion of the Company. 2.1.3 System Technical Standards. Throughout the term of this Agreement, the Cable System shall be designed, maintained, and operated such that quality and reliability of System Signal will be in compliance with all applicable consumer electronics equipment compatibility standards, including but not limited to Section 624Aof the Cable Act (47 U.S.C. $ 544a) and 47 C.F.R. $ 76.630, as may be amended from time to time. 2.1.4 Testinq Procedures: Technical Performance. Throughout the term of this Agreement, the Company shall operate and maintain the Cable System in accordance with the testing procedures and the technical performance standards of the FCC. Requirements with Respect to Work on the System. 2.2.1 General Requirements. The Company shall comply with ordinances, rules, and regulations established by the Franchising Authority pursuant to the lawful exercise of its police powers and generally applicable to all users of the Streets. To the extent that local ordinances, rules, or regulations clearly conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail, except where such conflict arises from the Franchising Authority's lawful exercise of its police powers. 2.2.2 Protection of Undereround Utilities. Both the Company and the Franchising Authority shall comply with the Georgia Utility Facility Protection Act (O.C.G.A. $ 25-9- l, et seq.), relating to notification prior to excavation near underground utilities, as may be amended from time to time. Permits and General Oblieations. 2.3.1 The Company shall be responsible for obtaining all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain, or repair the Cable System, or any part thereof, prior to the commencement of any such activity. The Franchising Authority shall not charge the Company, and the Company shall not be required to pay, any fee or charge for the issuance of permits, licenses, or other approvals, as such payments are included in the franchise fees described in Section 4 below. The Franchising Authority shall make all reasonable efforts to issue permits, licenses, or other approvals within fifteen (15) business days from receipt of a completed permit application that includes all information reasonably required by Franchising Authority. The Company 2.2 2.3 2.4 shall be solely responsible, either through its employees or its authorized contractors, for constructing, installing, and maintaining the Cable System in a safe, thorough, and reliable manner in accordance with all applicable standards and using materials of good and durable quality. The Company shall assure that any person installing, maintaining, or removing its facilities is fully qualified and familiar with all applicable standards. No third party shall tamper with, relocate, or otherwise interfere with the Company's facilities in the rights-of- way without the Company's approval and supervision; provided, however, that the Company shall make all reasonable efforts to coordinate with other users of the Streets to facilitate the execution of projects and minimize disruption in the public rights-of-way. All transmission and distribution structures, poles, other lines, and equipment installed by the Company for use in the Cable System in accordance with this Agreement shall be located so as to minimize interference with the proper use of the Streets and the rights and reasonable convenience of property owners who own property adjoining the Streets. 2.3.2 Code Compliance. The Company shall comply with all applicable building, safety, consffuction codes, and right-of-way usage codes. The parties agree that at present, Cable Systems are not subject to the low voltage regulations of the National Electric Code, National Electrical Safety Code, or other such codes or regulations. In the event that the applicable codes are revised such that Cable Systems become subject to low voltage regulations without being grandfathered or otherwise exempted, the Company will thereafter be required to comply with those regulations. Conditions on Street Occupancy. 2.4.1 New Grades or Lines. If the grades or lines of any Street within the Franchise Area are lawfully changed at any time during the term of this Agreement, then the Company shall, upon at least ninety (90) days' advance written notice from the Franchising Authority and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with the new grades or lines. With exception of Power Transmission third-party utility or prior rights obligation, if public funds not contolled by the Franchising Authority are available to any private utility company using the Sheets for the purpose of defraying the cost of any of the foregoing work, the Franchising Authority shall reasonably cooperate with the Company to make application for such funds on behalf of the Company to the same extent any such application is made on behalf of any other third-party utility not affiliated with the Franchising Authority. With exception of Power Transmission third-party utility or prior rights obligation, the Company shall be entitled to a pro-rata reimbursement of its cost should any other third-parfy utility not affiliated with the Franchising Authority be so compensated by the Franchising Authority as a result of a required protection, alteration, or relocation of its facilities. Notwithstanding the above, the Company shall not be liable for the cost of protecting, altering, or relocating facilities, aerial or underground, where such work is required to accommodate a streetscape, sidewalk, or private development project. 2.4.2 Relocation at Request of Third Partv. The Company shall, upon reasonable prior written request of any Person holding a permit issued by the Franchising Authority to move any structure, temporarily move its wires to permit the moving of such structure; provided (i) the Company may impose a reasonable charge on any Person for the movement of its wires, and such charge may be required to be paid in advance of the movement of its wires; and (ii) the Company agrees to arrange for such temporary relocation to be accomplished as soon as reasonably practicable, not to exceed ninety (90) days without the prior agreement of the Franchising Authority. 2.4.3 Restoration of Streets. If in connection with construction, operation, maintenance, or repair of the Cable System, the Company disturbs, alters, or damages any Street, the Company agrees that it shall at its own cost and expense restore the Street according to the standards set forth in the Augusta, Georgia Street and Road Design Technical Manual and Augusta's Right of Way Encroachment Guidance, subject to O.C.G.A. 5 32-4-92(a)(10). If the Franchising Authority reasonably believes that the Company has not restored the Street appropriately, then the Franchising Authority, after providing ten (10) business days' advance written notice and a reasonable opportunity to cure, may have the Street restored and bill the Company for the cost of restoration. 2.4.4 Trimmine of Trees and Shrubbery. The Company shall have the authority to trim trees or other natural growth overhanging any of its Cable System in the Franchise Area so as to prevent contact with the Company's wires, cables, or other equipment, the cost of which trimming and the disposal thereof shall not be borne by the Franchising Authority. 2.4.5 Aerial and Undereround Construction. If at the time of Cable System construction all of the transmission and distribution facilities of all of the respective public or municipal utilities in the consffuction area are underground, the Company shall place its Cable System's transmission and distribution facilities underground. At the time of Cable System construction, in any place within the Franchise Area where the transmission or distribution facilities of the respective public or municipal utilities are both aerial and underground, the Company shall have the discretion to construct, operate, and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground; however, at such time as all existing aerial facilities of the respective public or municipal utilities are placed underground, the Company shall likewise place its facilities underground, subject to the provisions of Section 2.4.1. Company facilities placed underground at the property owner's request in any area where any of the tansmission or distribution facilities of the respective public or municipal utilities are aerial shall be installed with the additional expense paid by the property owner. Nothing in this Section 2.4.5 shall be construed to require the Company to construct, operate, or maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment. 2.4.6 New Developments. The Company may contact the Planning and Development Department of the Franchising Authority from time to time to inquire about the issuance of building or development permits for planned developments within the Franchise Area that require undergrounding of cable facilities. The Franchising Authority may utilize its reasonable efforts to provide the Company with information concerning such developments. 2.4.7 Use of Existine Poles. Where possible, the Company shall attach its facilities to existing utility poles and shall use all reasonable efforts to enter into a pole attachment agreement with the owners of such existing utility poles. 2.5 Chanee in Franchise Area. In the event that the borders of the Franchise Area change, through annexation or otherwise, the Franchising Authority shall provide to the Company written notice of such change, including an updated map and an electronic list of all addresses in the Franchise Area. Franchise fees on gross revenues earned from Subscribers in annexed areas shall not be payable to the Franchising Authority until sixty (60) days after the Company's receipt of such updated map and electronic list of addresses, and shall not be remitted to the Franchising Authority until the next regularly scheduled quarterly franchise fee payment as provided in Section 4.1.2 below. SECTION 3 CUSTOMER SERVICE Customer Service. The Company shall comply in all respects with the requirements set forth in Appendix B. lndividual violations of those requirements do not constitute a breach of this Agreement. SECTION 4 COMPENSATION AND OTHER PAYMENTS 4.1 Compensation to the Franchisine Authoritli. As compensation for the Franchise, the Company shall pay or cause to be paid to the Franchising Authority the amounts set forth in this Section 4.1. 4.1.1 Franchise Fees-Amount. The Company shall pay to the Franchising Authority franchise fees in an amount equal to flrve percent (5o/o) of Gross Revenues derived from the operation of the Cable System to provide Cable Services in the Franchise Area. 4.1.2 Franchise Fees-Payment. Payments of franchise fees shall be made on a quarterly basis and shall be remitted not later than thirty (30) days after the last day of March, June, September, and December throughout the term of this Agreement. 4.1.3 Company to Submit Franchise Fee Report. The Company shall submit to the Franchising Authority, not later than thirty (30) days after the last day of March, June, September, and December throughout the term of this Agreement, a report setting fonh the basis for the computation of Gross Revenues on which the quarterly payment of franchise fees is being made, which report shall enumerate, at a minimum, the following revenue categories: limited and expanded basic video service, digital video service, premium video service, pay-per-view and video-on-demand, equipment, installation and activation, franchise fees, guide, late fees, ad sales, home shopping commissions, and bad debt. 4.1.4 Franchise Fee Pavments Subject to Audit: Remedy for Underpayment. No acceptance of any franchise fee payment by the Franchising Authority shall be construed as an accord and satisfaction that the amount paid is in fact the correct amount or a release of any claim that the Franchising Authority may have for further or additional sums payable under this Agreement. The Franchising Authority may conduct an audit no more than once annually to ensure payments in accordance with this Agreement. The audit of the Company's records shall take place at a location, in the State of Georgia, determined by the Company. The Franchising Authority is prohibited from removing any records, files, spreadsheets, or any other documents from the site of the audit. In the event that the Franchising Authority takes notes of any documents, records, or files of the Company for use in the preparation of an audit report, all notes shall be returned to the Company upon completion of the audit. The audit period shall be limited to three (3) years preceding the end of the quarter of the most recent payment. Once the Company has provided information for an audit with respect to any period, regardless of whether the audit was completed, that period shall not again be the subject of any audit. If, as a result of an audit or any other review, the Franchising Authority determines that the Company has underpaid franchise fees in any twelve (12) month period by ten percent (10%) or more, then, in addition to making full payment of the relevant obligation, the Company shall reimburse the Franchising Authority for all of the reasonable costs associated with the audit or review, including all reasonable out-of-pocket costs for attorneys, accountants, and other consultants. The Franchising Authority shall provide the Company with a written notice of audit results and a copy of the final report presented to the Franchising Authority. The Company shall remit any undisputed amounts owed to the Franchising Authority as the result of the audit within forty-five (45) days, or other mutually acceptable timeframe, after the date of an executed settlement and release agreement. 4.2 Payments Not to Be Set Off Aeainst Taxes or Vice Versa. The parties agree that the compensation and other payments to be made pursuant to this Section 4 are not a tax and are not in the nature of a tax. The Company and the Franchising Authority further agree that the provisions of O.C.G.A. $ 36-76-6(h) apply to this Agreement. The Franchising Authority and the Company fuither agree that no additional business license fees, occupational license fees, or permit fees shall be assessed on the Company related to the provision of services or the operation of the Cable System, nor shall the Franchising Authority levy any other tax, license, fee, or assessment on the Company or its Subscribers that is not generally imposed and applicable to a majority of all other businesses. 4.3 Interest on Late Payments. If any payment required by this Agreement is not actually received by the Franchising Authority on or before the applicable date fixed in this Agreement, the Company shall pay interest thereon, from the due date to the date paid, at a rate of one percent (l%) per month. SECTION 5 COMPLIANCE REPORTS 5.1 Compliance. The Franchising Authority hereby acknowledges that as of the Effective Date, the Company is in material compliance with the terms and conditions of the cable franchise preceding this Agreement and all material laws, rules, and ordinances ofthe Franchising Authority. 5.2 Reports. Upon written request by the Franchising Authority and subject to Section 631 of the Cable Act, the Company shall promptly submit to the Franchising Authority such information as may be necessary to reasonably demonstrate the Company's compliance with any term or condition of this Agreement. 5.3 File for Public Inspection. Throughout the term of this Agreement, the Company shall maintain and make available to the public those documents required pursuant to the FCC's rules and regulations. 5.4 Treatment of Proprietary Information. The Franchising Authority agrees to treat as confidential, to the maximum extent allowed under the Georgia Open Records Act (O.C.G.A. $ 50- l8-70, et seq.) or other applicable law, any requested documents submitted by the Company to the Franchising Authority that are labeled as "Confidential" or "Trade Secret" prior to submission. ln the event that any documents submitted by the Company to the Franchising Authority are subject to a request for inspection or production, including but not limited to a request under the Georgia Open Records Act, the Franchising Authority shall notiff the Company of the request as soon as practicable and in any case prior to the release of such information, by email or facsimile to the addresses provided in Section 10.6 of this Agreement, so that the Company may take appropriate steps to protect its interests in the requested records, including seeking an injunction against the release of the requested records. Upon receipt of said notice, the Company may review the requested records in the Franchising Authority's possession and designate as "Conftdential" or "Trade Secret" any additional portions of the requested records that contain confidential or proprietary information. 5.5 Emerqency Alert System. Company shall install and maintain an Emergency Alert System in the Franchise Area only as required under applicable federal and state laws. Additionally, the Franchising Authority shall permit only those Persons appropriately trained and authorized in accordance with applicable law to operate the Emergency Alert System equipment and shall take reasonable precautions to prevent any use of the Company's Cable System in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System. Except to the extent expressly prohibited by law, the Franchising Authority shall hold the Company and its employees, officers, and assigns harmless from any claims arising out of use of the Emergency Alert System, including but not limited to reasonable attorneys' fees and costs. SECTION 6 ENFORCEMENT 6.1 Notice of Violation. If the Franchising Authority believes that the Company has not complied with the terms ofthis Agreement, the Franchising Authority shall first informally discuss the matter with the Company. If discussions do not lead to a resolution of the problem, the Franchising Authority shall notifu the Company in writing of the nature of the alleged noncompliance ("Violation Notice"). 6.2 Company's Risht to Cure or Respond. The Company shall have thirty (30) days from the receipt of the Violation Notice, or any longer period specified by the Franchising Authority, to respond; cure the alleged noncompliance; or, if the alleged noncompliance, by its nature, cannot be cured within thifty (30) days, initiate reasonable steps to remedy the matter and provide the Franchising Authority a projected resolution date in writing. 6.3 Hearine. If the Company fails to respond to the Violation Notice, other than notices of permit violations, received from the Franchising Authority, or the alleged noncompliance is not remedied within the cure period set forth above, the Franchising Authority's administrator shall schedule a hearing if it intends to continue its investigation into the matter. The Franchising Authority shall provide the Company at least thirty (30) days' prior written notice of the hearing, speci$ring the time, place, and purpose of the hearing. The Company shall have the right to p.er"t t evidence and to question witnesses. The Franchising Authority shall determine if the Company has committed a violation and shall make written findings of fact relative to its determination. lf a violation is found, the Company may petition for reconsideration before any competent tribunal having jurisdiction over such matters. 6.4 Enforcement. Subject to applicable federal and state law, if after the hearing provided forin Section 6.3, the Franchising Authority determines that the Company is in default of the provisions addressed in the Violation Notice, the Franchising Authority may (a) seek specific performance; (b) commence an action at law for monetary damages or seek other equitable relief; or (c) in the case of a substantial default of a material provision of this Agreement, seek to revoke the Franchise in accordance with subsection 6.5 below. Revocation. 6.5.1 After the hearing and determination provided for in Section 6.3 and prior to the revocation or termination of the Franchise, the Franchising Authority shall give written notice to the Company of its intent to revoke the Franchise on the basis of an alleged substantial default of a material provision of this Agreement. The notice shall set forth the exact nature of the alleged default. The Company shall have thirty (30) days from receipt of such notice to submit its written objection to the Franchising Authority or to cure the alleged default. If the Franchising Authority is not satisfied with the Company's response, the Franchising Authority may seek to revoke the Franchise at a public hearing. The Company shall be given at least thirfy (30) days' prior written notice of the public hearing, specifuing the time and place of the hearing and stating the Franchising Authority's intent to revoke the Franchise. 6.5.2 At the public hearing, the Company shall be permitted to state its position on the matter, present evidence, and question witresses, after which the Franchising Authority's governing board shall determine whether or not the Franchise shall be revoked. The public hearing shall be on the record and a written transcript shall be made available to the Company within ten (10) business days. The decision of the Franchising Authority's governing board shall be made in writing and shall be delivered to the Company. The Company may appeal such decision to an appropriate courl, which shall have the power to review the decision of the Franchising Authority's governing board. The Company may 6.5 l0 continue to operate the Cable System until all legal appeals procedures have been exhausted. 6.5.3 Notwithstanding the provisions of this Section 6, the Company does not waive any of its rights under federal law or regulation. SECTION 7 ASSIGNMENTS AND OTHER TRANSFERS The Franchise shall be fully transferable to any successor in interest to the Company. A notice of transfer shall be filed by the Company to the Franchising Authority within forty-five (45) days of such transfer. The transfer notification shall consist ofan affidavit signed by an officer or general partner of the transferee that contains the following: (a) an affirmative declaration that the transferee shall comply with the terms and conditions of this Agreement, all applicable federal, state, and local laws, regulations, and ordinances regarding the placement and maintenance of facilities in any public righrof-way that are generally applicable to users of the public right-of-way and specifically including the Georgia Utility Facility Protection Act (O.C.G.A. $ 25-9-l , et seq.); (b) a description ofthe transferee's service area; and (c) the location of the transferee's principal place of business and the name or names of the principal executive officer or officers of the transferee. No affidavit shall be required, however, for (i) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of the Company in the Franchise or in the Cable System in order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by Comcast Corporation. SECTION 8 INSURANCE AND INDEMNITY 8.1 Insurance. 8.1.1 Liabilitv lnsurance. Throughout the term of this Agreement, the Company shall, at its sole expense, maintain comprehensive general liability insurance, issued by a company licensed to do business in the State of Georgia with a rating of not less than "A minus," and provide the Franchising Authority certificates of insurance demonstrating that the Company has obtained the insurance required in this Section 8.1.1. This liability insurance policy or policies shall be in the minimum amount of One Million Dollars ($1,000,000.00) for bodily injury or death of any one person, One Million Dollars ($1,000,000.00) for bodily injury or death of any two or more persons resulting from one occurrence, and One Million Dollars ($1,000,000.00) for property damage resulting from any one accident. The policy or policies shall not be canceled except upon thirty (30) days' prior written notice of cancellation to the Franchising Authority. ll 8.1.2 Workers' Compensation. The Company shall ensure its compliance with the Georgia Workers' Compensation Act. 8.2 Indemnification. The Company shall indemniff, defend, and hold harmless the Franchising Authority, its officers, employees, and agents acting in their official capacities from and against any liability or claims resulting from property damage or bodily injury (including accidental death) that arise out of the Company's construction, operation, maintenance, or removal of the Cable System, including but not limited to reasonable attorneys' fees and costs, provided that the Franchising Authority shall give the Company written notice of its obligation to indemnify and defend the Franchising Authority within ten (10) business days of receipt of a claim or action pursuant to this Section 8.2. If the Franchising Authority determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the Franchising Authority. Notwithstanding the foregoing, the Company shall not be obligated to indemnifr the Franchising Authority for any damages, liability, or claims resulting from the willful misconduct or negligence of the Franchising Authority or for the Franchising Authority's use of the Cable System. 8.3 Liability and Indemnitv. [n accordance with Section 635A of the Cable Act, the Franchising Authority, its offrcials, employees, members, or agents shall have no liability to the Company arising from the regulation of Cable Service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of this Franchise. Any relief, to the extent such relief is required by any other provision of federal, state, or local law, shall be limited to injunctive relief and declaratory relief. SECTION 9 PUBLIC, EDUCATION, GOVERNMENT ACCESS 9.1 Channel Caoacity. The Company agrees to make available channel capacity, up to two (2) fully dedicated Channel positions, on the digital tier, to be designated for non-cofirmercial, non- revenue generating public, educational, or governmental ("PEG") access purposes. Unused time on the PEG Channel positions may be utilized by the Company subject to terms to be mutually agreed upon by the Company and the Franchising Authority. 9.2 Proerammine Obliqations. The Franchising Authority certifies and commits to maintain eight (8) hours per week of non-duplicative original programming on each activated PEG Channel position throughout the term of the Agreement. Should the Franchising Authority fail to maintain eight (8) hours of programming per week for any period of three (3) consecutive months on any PEG Channel, the Company may reclaim that Channel position for its own use. For purposes of this Agreement, original programming includes programming produced specif,rcally for, about, or by Augusta-Richmond County. Character-generated messages, video bulletin board messages, traffic cameras, or other passively produced content shall not count towards the programming obligations of this Agreement. 9.3 Channel Positions. At any time during the term of this Agreement and at the Company's sole option and discretion, the Company may (i) change the transmission technology by which PEG access programming is delivered to Subscribers, provided, however, that the quality of PEG access programming transmitted over the Cable System to Subscribers is of a quality comparable t2 to that which was delivered to the Company by the PEG programmer, or (ii) relocate any pEG programming to a Channel position on its lowest digital tier service delivered to all of the Company's Subscribers. The Company shall notify the Franchising Authority at least thirty (30) days in advance ofsuch changes. 9.4 lntet"orlrrection *ith Othe. Cable and Video Se*ice Providers. Upon written request of the Franchising Authority, the Company shall interconnect with other cable and video systems in the Franchise Area as required by O.C.G.A. $ 36-76-8(i). This subsection 9.4 shall not be construed to mean that the Company is responsible for costs of said interconnection. 9.5 Ownership. The Company does not relinquish its ownership of its ultimate right of control over a Channel position by designating it for PEG access use. A PEG access user, whether such user is an individual, educational, or governmental user, acquires no property or other interest in the channel position by virtue of the use of a Channel position so designated. 9.6 Equipment. It shall be the sole responsibility of the Franchising Authority to obtain, provide, and maintain any equipment necessary to produce and cablecast PEG programming over the Cable System. The Company shall not be responsible for obtaining, providing, or maintaining any such equipment. 9.7 No Liability. The Company shall have no liability nor shall it be required to provide indemnification to the Franchising Authority for PEG programming cablecast over the Cable System. SECTION 10 MISCELLANEOUS l0.l Controllins Authorities. This Agreement is made with the understanding that its provisions are controlled by the Cable Act, other federal laws, state laws, and all applicable local laws, ordinances, and regulations. To the extent such local laws, ordinances, or regulations clearly conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail, except where such conflict arises from the Franchising Authority's lawful exercise of its police powers. 10.2 Appendices. The Appendices to this Agreement and all portions thereof are, except as otherwise specified in this Agreement, incorporated by reference in and expressly made a part of this Agreement. 10.3 Enforceability of Asreement: No Opposition. By execution of this Agreement, the Company and the Franchising Authority acknowledge the validity of the terms and conditions of this Agreement under applicable law in existence on the Effective Date and pledge that they will not assert in any manner at any time or in any forum that this Agreement, the Franchise, or the processes and procedures pursuant to which this Agreement was entered into and the Franchise was granted are not consistent with the applicable law in existence on the Effective Date. 10.4 Governmental Powers. The Franchising Authority expressly reseryes the right to exercise the full scope of its powers, including both its police power and contracting authority, to promote 13 the public interest and to protect the health, safety, and welfare of the citizens of Augusta- Richmond County, Georgia. 10.5 Entire Agreement. This Agreement, including all Appendices, embodies the entire understanding and agreement of the Franchising Authority and the Company with respect to the subject matter hereof and merges and supersedes all prior representations, agreements, and understandings, whether oral or written, between the Franchising Authority and the Company with respect to the subject matter hereof, including without limitation all prior drafts of this Agreement and any Appendix to this Agreement, and any and all written or oral statements or representations by any official, employee, agent, attorney, consultant, or independent contractor of the Franchising Authority or the Company. All ordinances or parts of ordinances or other agreements between the Company and the Franchising Authority that are in conflict with the provisions of this Agreement are hereby declared invalid and superseded. 10.6 Notices. All notices shall be in writing and shall be sufficiently given and served upon the other party by frst class mail, registered or certified, return receipt requested, postage prepaid; by third-party commercial carrier; or via facsimile (with confrmation of transmission) and addressed as follows: And: With a copy to: And: THE FRANCHISING AUTHORITY: Augusta, Georgia Attn: Mayor 535 Telfair Street, Suite 200 Augusta, Georgia 30901 Augusta, Georgia Attn: Administrator 535 Telfair Street, Suite 910 Augusta, Georgia 30901 COMPANY: Comcast of Georgia/South Carolina, LLC Attn: Vice President, External Affairs 2605 Circle 75 Parkway Atlanta, Georgia 30339 Comcast Cable Communications, LLC Attn: Vice President, Government Affairs 2605 Circle 75 Parkway Atlanta, Georgia 30339 Comcast Cable Communications, LLC Attn: Legal Dept. One Comcast Center Philadelphia, Pennsylvania 19103 l4 10.7 Additional Representations and Warranties. ln addition to the representations, warranties, and covenants of the Company to the Franchising Authority set forth elsewhere in this Agreement, the Company represents and wa:rants to the Franchising Authority and covenants and agrees (which representations, walranties, covenants and agreements shall not be affected or waived by any inspection or examination made by or on behalf of the Franchising Authority) that, as of the Effective Date: 10.7.1 Organization. Standine. and Authorization. The Company is a Limited Liability Company validly existing and in good standing under the laws of the State of Colorado and is duly authorized to do business in the State of Georgia and in the Franchise Area. 10.7.2 Comoliance with Law. The Company, to the best of its knowledge, has obtained all government licenses, permits, and authorizations necessary for the operation and maintenance of the Cable System. 10.8 Maintenance of System in Good Workine Order. Until the termination of this Agreement and the satisfaction in full by the Company of its obligations under this Agreement, in consideration of the Franchise, the Company agrees that it will maintain all of the material properties, assets, and equipment of the Cable System, and all such items added in connection with any upgrade, in good repair and proper working order and condition throughout the term of this Agreement. 10.9 Bindine Effect. This Agreement shall be binding upon and inure to the benefit ofthe parties hereto and their respective successors, permitted transferees, and assigns. All of the provisions of this Agreement apply to the Company, its successors, and assigns. 10.10 No Waiver: Cumulative Remedies. No failure on the part of the Franchising Authority or the Company to exercise, and no delay in exercising, my right or remedy hereunder including without limitation the rights and remedies set forth in this Agreement, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other right or remedy, all subject to the conditions and limitations established in this Agreement. The rights and remedies provided in this Agreement including without limitation the rights and remedies set forth in Section 6 of this Agreement, are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Agreement shall impair any of the rights or remedies of the Franchising Authority or Company under applicable law, subject in each case to the terms and conditions of this Agreement. 10.1 I Severabilitv. If any section, subsection, sentence, clause, phrase, or other portion of this Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions of this Agreement, which shall continue in full force and effect. 10.12 No Aeency. The Company shall conduct the work to be performed pursuant to this Agreement as an independent entity and not as an agent of the Franchising Authority. 10.13 Governins Law. This Agreement shall be deemed to be executed in Augusta-Richmond County, Georgia, and shall be governed in all respects, including validity, interpretation, and l5 effect, by and construed in accordance with the laws of the State of Georgia, as applicable to contracts entered into and to be performed entirely within that state. 10.14 Claims Under Aereement. The Franchising Authority and the Company, agree that, except to the extent inconsistent with Section 635 of the Cable Act (47 U.S.C. $ 555), any and all claims asserted by or against the Franchising Authority arising under this Agreement or related thereto shall be heard and determined either in a court of the United States located in Georgia ("Federal Court") or in a court of the State of Georgia of appropriate jurisdiction ("Georgia State Court"). To effectuate this Agreement and intent, the Company agrees that if the Franchising Authority initiates any action against the Company in Federal Coun or in Georgia State Court, service of process may be made on the Company either in person or by registered mail addressed to the Company at its offices as defined in Section 10.6, or to such other address as the Company may provide to the Franchising Authority in writing. 10.15 Modification. The Company and Franchising Authority may at any time during the term of this Agreement seek a modification, amendment, or waiver of any term or condition of this Agreement. No provision ofthis Agreement nor any Appendix to this Agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the Franchising Authority and the Company, which amendment shall be authorized on behalf of the Franchising Authority through the adoption of an appropriate resolution, letter of agreement, or order by the Franchising Authority, as required by applicable law. 10.16 Delavs and Failures Beyond Control of Company. Notwithstanding any other provision of this Agreement, the Company shall not be liable for delay in performance of, or failure to perform, in whole or in part, its obligations pursuant to this Agreement due to strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, technical failure, sabotage, or other events, where the Company has exercised all due care in the prevention thereof, to the extent that such causes or other events are beyond the control of the Company and such causes or events are without the fault or negligence of the Company. ln the event that any such delay in performance or failure to perform affects only part of the Company's capacity to perform, the Company shall perform to the maximum extent it is able to do so and shall take all steps within its power to correct such cause(s). The Company agrees that in correcting such cause(s), it shall take all reasonable steps to do so in as expeditious a manner as possible. The Company shall promptly notifu the Franchising Authority in writing of the occurrence of an event covered by this Section 10.16. 10.17 Duty to Act Reasonably and in Good Faith. The Company and the Franchising Authority shall fulfill their obligations and exercise their rights under this Agreement in a reasonable manner and in good faith. Notwithstanding the omission of the words "reasonable," "good faith," or similar terms in the provisions of this Agreement, every provision of this Agreement is subject to this section. 10.18 Contractual Rights Retained. Nothing in this Agreement is intended to impair the contractual rights of the Franchising Authority or the Company under this Agreement. l6 10.19 No Third-Party Beneficiaries. Nothing in this Agreement, or any prior agreement, is or was intended to confer third-party beneficiary status on any member of the public to enforce the terms of such agreements or Franchise. 10.20 Duolicate Orieinals. Two or more duplicate originals of this Agreement may be signed by these parties, each of which shall be an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the party of the first part, by its Mayor, thereunto duly authorized by the Commission of said Franchising Authority, has caused the corporate name of said Franchising Authority to be hereunto signed and the corporate seal of said Franchising Authority to be hereunto affixed, and the Company, the party of the second part, by its officers thereunto duly authorized, has caused its name to be hereunto signed and its seal to be hereunto affixed as of the date and year first above written. Augusta-Richmond County, Georgia Name: Hardie Davis, Jr. Title: Mayor (Seal) Attest: Date: Comcast of Georgia/South Carolina, LLC By: Name: Jason M. Gumbs Title: Regional Senior Vice President Attest: By: Date: T7 ,,+iiBil'iff.3,, For purposes of the Agreement to which this Appendix A is appended, thefollowing terms, phrases, words, and their derivations shall have the meanings set forth herein, unless the context clearly indicates that another meaning is intended. "Agreement" means the Agreement to which this Appendix A is appended, together with all Appendices attached thereto and all amendments or modifications thereto. "Basic Service" means any service tier that includes the retransmission of local television broadcast Signals and any equipment or installation used in connection with Basic Service. "Cable Act" means Title VI of the Communications Act of 1934 as amended, 47 U.S.C. $ 521, et seq. "Cable Service" means the one-way transmission to Subscribers of Video Programming or other programming service and Subscriber interaction, if any, which is required for the selection or use of such Video Programming or other programming service. "Cable Service" does not include any Video Programming provided by a commercial mobile service provider as defined in 47 U.S.C. $332(d). "Cable Service Provider" or "CSP" means any person or group of persons (A) who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System, or (B) who otherwise controls or is responsible for, through any iurangement, the management and operation of such a Cable System. "Cable System" means a facility, consisting of a set of closed transmission paths and associated Signal generation, reception, and control equipment, that is designed to provide Cable Service, which includes Video Programming and which is provided to multiple Subscribers within a community, but "Cable System" does not include: (A) a facility that serves only to retransmit the television Signals of one (1) or more television broadcast stations; (B) a facility that serves Subscribers without using any public right-of-way as defined herein; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. $$201-276, except that such facility shall be considered a Cable System, otherthan forpurposes of 47 U.S.C. $ 541(c), to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with 47 U.S.C. $ 573; or A-l (E) any facilities of any electric utility used solely for operating its electric utility system. "channel" means a "cable channel" or "channel" as defined in 47 U.S.c . S 522(4). "Company" means Comcast of Georgia/South Carolina, LLC, a Limited Liability Company validly existing under the laws of the State of Colorado, or lawful successor, transferee, designee, or assignee thereof. "FCC" means the Federal Communications Commission, its designee, or any successor thereto. "Franchise Area" means Augusta-Richmond County, Georgia, including any areas annexed by the Franchising Authority during the term of the Franchise. "Franchising Authority" means Augusta-Richmond county, Georgia, or lawful successor, transferee, designee, or assignee thereof. "Gross Revenues" means all revenues received from Subscribers for the provision of Cable Service or Video Service, including franchise fees for Cable Service Providers andVideo Service Providers and advertising and home shopping services, and shall be determined in accordance with Generally Accepted Accounting Principles ("GAAP"). Gross Revenues shall not include: (A) amounts billed and collected as a line item on the Subscriber's bill to recover any taxes, surcharges, or goveilImental fees that are imposed on or with respect to the services provided or measured by the charges, receipts, or payments therefore; provided, however, that for purposes of this definition of "Gross Revenue," such tax, surcharge, or governmental fee shall not include any ad valorem taxes, net income taxes, or generally applicable business or occupation taxes not measured exclusively as a percentage of the charges, receipts, or payments for services to the extent such charges are passed through as a separate line item on Subscriber's bills; (B) any revenue not actually received, even if billed, such as bad debt; (c) any revenue received by any affiliate or any other person in exchange for supplying goods or services used by the provider to provide cable or Vid.o Programming; (D) any amounts attributable to refunds, rebates, or discounts; (E) any revenue from services provided over the network that are associated withor classified as non-Cable or non-Video Services under federal law, includingwithout limitation revenues received from telecommunications se.vice{information services other than Cable or Video Services, lnternet access services, directory or lnternet advertising revenue including without limitation yellow pug"r, white pages, banner advertisements, and electronic publishing advertising. Wi"r" the sale of any such non-Cable or non-Video Service is bundled with thi sale of A-2 one or more Cable or Video Services and sold for a single non-itemized price, the term "Gross Revenues" shall include only those revenues that are attributable to Cable or Video Services based on the provider's books and records, such revenues to be allocated in a manner consistent with generally accepted accounting principles; (F) any revenue from late fees not initially booked as revenues, returned check fees or interest; (G) any revenue from sales or rental of property, except such property as the Subscriber is required to buy or rent exclusively from the Cable or Video Service Provider to receive Cable or Video Service; (H) any revenue received from providing or maintaining inside wiring; (I) any revenue from sales for resale with respect to which the purchaser is required to pay a franchise fee, provided the purchaser certifies in writing that it will resell the service and pay a franchise fee with respect thereto; or (J) any amounts attributable to a reimbursement of costs including but not limited to the reimbursements by prograrnmers of marketing costs incurred for the promotion or introduction of Video Programming. "Person" means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit, but shall not mean the Franchising Authority. "signal" means any transmission of radio frequency energy or of optical information. "streets" has the same meaning as "Public Right-of-Way" as provided in O.C.G.A. $ 36- 76-2(12) at the time of execution of this franchise, i.e., "the atea in, on, along, over, or under the public roads that are part of the municipal or county road system or the state highway system." "subscriber" means any Person lawfully receiving Video Service from a Video Service Provider or Cable Service from a Cable Service Provider. "Video Programming" means programming provided by or generally considered comparable to programming provided by a television broadcast station, as set forth in 47 u.s.c. $ s22(20). ,,Video Seryice" means the provision of Video Programming through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any Video programming provided by a commercial mobile service provider as defined in 47 U.S.C. $ 3t2(d) or Video Programming provided as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public lnternet. A-3 "Video Service Provider" or "VSP" means an entity providing Video Service as defined herein, but does not include a Cable Service Provider. A-4 APPENDIX B CUSTOMER SERVICE STAI\DARDS Code of Federal Regulations Title 47, Volume 4, Parts 70 to 79 Revised as of October l, 1998 From the U.S. Government Printing Office via GPO Access 47 C.F.R. $ 76.309 Page 561-{3 TITLE 47 _-:TELECOMMLINICATION CHAPTER I-FEDERAL COMMUNICATIONS COMMISSION PART THABLE TELEVISION SERVICE Subpart H---General Operating Requirements S 76.309 Customer service obligations. (a) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this section against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards. (b) Nothing in this rule should be construed to prevent or prohibit: (l) A franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards set forth in paragraph (c) of this section; (2) A franchising authority from enforcing, through the end of the franchise term, pre- existing customer service requirements that exceed the standards set forth in paragraph (c) of this section and are contained in current franchise agreements; (3) AnV State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein; or (4) The establishment or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by the standards set forth in paragraph (c) of this section. (c) Effective July 1,7993, a cable operator shall be subject to the following customer service standards: (l) Cable system office hours and telephone availability- (i) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. (A) Trained company representatives will be available to respond to customer telephone inquiries during normal business hours. B-l (B) After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. (ii) Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. (iii) The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (iv) Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. (v) Customer service center and biil payment locations will be open at least during normal business hours and will be conveniently located. (2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety-five (95) percent of the time measured on a quarterly basis: (i) Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. (ii) Excluding conditions beyond the control of the operator, the cable operator will begin working on "service intemrptions" promptly and in no event later than 24 hours after the intemrption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem. (iii) The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four- hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. B-2 (3) Communications between cable operators and cable subscribers- (i) Notiflrcations to subscribers- (A) The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: (l) Products and services offered; (2) Prices and options for programming services and conditions of subscription to programming and other services; (3) Installation and service maintenance policies; (4) Instructions on how to use the cable service; (5) Channel positions programming carried on the system; and, (6) Billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office. (B) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notiff subscribers thirty (30) days in advance of any significant changes in the other information required by paragraph (c)(3XiXA) of this section. Notwithstanding any other provision of Part 76, a cable operator shall not be required to provide prior notice of any rate change that is the result ofa regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on the transaction between the operator and the subscriber. (ii) Billing- (A) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (B) tn case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days. (iii) Refunds-Refund checks will be issued promptly, but no later than either- (A) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (B) The return of the equipment supplied by the cable operator if service is terminated. (iv) Credits-{redits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. B-3 (4) Definitions- (i) Normal business hours-The term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. (ii) Normal operating conditions-The term "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. (iii) Service intemrption-The term "seryice intemrption" means the loss of picture or sound on one or more cable channels. [58 FR 21109, Apr. 19, 1993, as amended at 6l FR 18977, Apr. 30, 1996] B-4 Commission Meeting Agenda 12/6/2022 2:00 PM Comcast Franchise Agreement Department: Department: Caption:Motion to approve entering into Franchise Agreement (Agreement) with Comcast of Georgia/South Carolina LCC. Also approve the Agreement to be executed by Augusta, GA Legal Counsel and the Mayor. (Approved by Engineering Services Committee November 29, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: * Does not include polymer 125,000.00 125,000.00 12,000 18,000.00 75,000.00 5.1 Mechanical Dredging 29,500 cy @ 30.0/cy 1,155,000.00 $885,000.00 2,560,500.00 5 ------------ 70,000 ---------- 16.50 2,500.00 300,000.00 8.00 5,760.00 2,000 6,000.00 Gator Dredging 13630 50th Way N Clearwater, FL 33760 bill@gatordredging.com 727.641.7131 February 22, 2022 65,000.00 45,000.00 475,000.00 175,000.00 + Restoration or location chosen by contractor 8.1 Cap DMMA - Lump Sum - Use portions of Dredged Sand $ 1,050,000.00 - Lump Sum $ 152,000.00 - Lump Sum $ 23,000.00 N/A N/A N/A N/A N/A N/A 2,346,760.00 4,907,260.00 Commission Meeting Agenda 12/6/2022 2:00 PM Construction Services for Lake Olmstead and Warren Lake Sediment Dredging and Disposal RFP ITEM #20-224 File Reference: 22-014 (A) Department:Engineering Department:Engineering Caption:Motion to approve supplemental funding (phase 2 funding) in the amount of $2,500,000.00 for Warren Lake in-progress dredging under Contract of Sediment Dredging and Disposal Construction Services to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging for continuation of Warren Lake dredging & sediments removal & disposal . RFP 20-224/ Requested by Engineering.(Approved by Engineering Services Committee November 29, 2022) Background:Augusta Canal Basin Dredging (Lake Olmstead, Warren Lake, Lake Aumond, and Heirs Ponds) are approved projects. In 2018 Augusta Engineering (AE) secured Section 404 of the Clean Water Act required individual permits and Lake Aumond and Heirs were dredged first; completed in 2019. Soon after AE proceeded with Lake Olmstead/Warren Lake disposal site construction followed by Lake Olmstead (Upper and Lower lakes) dredging. Lake Olmstead dredging completed around November 2021. On December 7, 2021, Augusta approved proceeding with Warren Lake dredging. AE is doing this lake dredging in two phases due to spread of its funds allocation. First Phase (Phase1) includes preparation of site and completion of initial tasks such as removal of vegetation cover, completion of hydraulic dredge line setup and initiation of pumping dredged material to disposal site. Second Phase (Phase2) commences at near completion of Phase1 and includes dredging and disposal activities. Final Phase will be installation of clean soil cap at disposal site. At completion, water bodies will return to their near original contours while improving water retention and visual appeal. It will also create and enhance water recreational activities. Analysis:On December 7, 2021, Augusta Commission approved phase 1 funding for continuity of dredging activities at Warren Lake. Phase 1 activities are complete and project is transitioning to phase 2 dredging. There will be no cost escalation to current contract unit rates. Disposal site final capping will be done following the completion of Warren Lake dredged material disposal at the disposal site. Financial Impact:Funds in amount of $2,500,000.00 available in SPLOST 8 Engineering Projects--Lake Dredging. Alternatives:1). No Alternate proposed. Recommendation:Approve supplemental funding (phase 2 funding) in the amount of $2,500,000.00 for Warren Lake in-progress dredging under Contract of Sediment Dredging and Disposal Construction Services to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging for continuation of Warren Lake dredging & sediments removal & disposal. RFP 20-224/ Requested by Engineering Funds are Available in the Following Accounts: ($2,500,00) 330-041110-54.14110 - 222830911 - SPLOST 8 REVIEWED AND APPROVED BY: 11.3.22 ITEM NO.DESCRIPTION UNITS Proposed Quanity Unit Price Total 1 Mobilization LS 1 8500.00 $8,500.00 2 Traffic Control LS 1 6500.00 $6,500.00 3 Bitum Tack Coat GAL 250 9.50 $2,375.00 4 25mm Base TON 100 180.00 $18,000.00 5 19mm Binder TON 70 180.00 $12,600.00 6 RAC 12.5mm TON 50 180.00 $9,000.00 7 Speed Bumps EA 5 2800.00 $14,000.00 8 Additional RAC 12.5mm (1.5") - 165lbs/sy TN 210.1 153.00 $32,145.30 9 Misc Repairs & Site work EA 1 98000.00 $98,000.00 10 Contegency EA 1 24000.00 $24,000.00 Total Bid: $225,120.30 Submitted by:Georgia-Carolina Paving Company P.O. Box 1404, Augusta, GA 30903 Contact: Bob M. Hickman, Sr. Office: 706-736-3863/Cell: 706-526-0674/Fax: 706-736-3864 Cost Proposal #22353 PROJECT NAME: Richmond County Landfill Paving - Road Near Repair Shop Commission Meeting Agenda 12/6/2022 2:00 PM Deans Bridge Road Solid Waste Facility Operations Phase 3 Active Phase Services Road Rehabilitation-Supplement Engineering RFP#16-161 On-Call Pothole Repair, Paving & Emergency Services File Reference: 22-014(C) Department:Engineering Department:Engineering Caption:Motion to approve Additional Supplemental funding for Completing In progress Rehabilitation of Augusta Landfill Phase 3 Active Phase Service Road & associated repairs in the amount of $225,120.30. Requested by Engineering. RFP 16-161 - 22ENG115 (Approved by Engineering Services Committee November 29, 2022) Background:Landfill Phase 3 Active phase access road is primary route for waste hauler to get to working phase. This road is failing and in immediate needs of rehabilitation to ensure onsite safe hauler traffic. Landfill also receive periodic complaint concerning road conditions and subject to site O&M requirement compliance. On August 2, 2022, Augusta Commission approved initial funding and Georgia-Carolina Paving Company performing this work under Engineering On-call Potholes Repairs, Paving & Emergency Contract. Road paving in progress and significant section is paved. However, it is determined additional paving length is warranted for proper connectivity to active phase. Analysis:On August 2, 2022, Augusta Commission approved rehabilitation of subject road - 22ENG115. Construction is in progress and rehabilitation of significant length is completed. However, additional work needs to be completed for management of hauling traffic, road drainage and stable connectivity to active phase path. Financial Impact:Funds in amount of $225,120.30 are available landfill operations funds. Alternatives:1). No Alternate proposed Recommendation:Approve Additional Supplementing funding for Completing In progress Rehabilitation of Augusta Landfill Phase 3 Active Phase Service Road & associated repairs in the amount of $225,120.30. Requested by Engineering. RFP 16-161 Funds are Available in the Following Accounts: ($225,120.30) 541044210-5319150 - Landfill Operations Account REVIEWED AND APPROVED BY: Augusta-Richmond County, Georgia Ellis Street Drainage Improvements Conceptual Report 11/2/2022, Rev. 0 CEG Project No. 2022-0539 Drainage Study for the Ellis Street Drainage Improvements Project Augusta-Richmond County, Georgia Prepared for: Augusta Engineering Department 452 Walker Street, Ste 110 Augusta, Georgia 30901 Prepared by: 452 Ellis Street Augusta, Georgia 30901 November 2nd, 2022 Augusta-Richmond County, Georgia Ellis Street Drainage Improvements Conceptual Report 11/2/2022, Rev. 0 CEG Project No. 2022-0539 i Table of Contents PROJECT BACKGROUND .......................................................................................................... 1 STUDY AREA ............................................................................................................................... 1 SCOPE OF STUDY ........................................................................................................................ 1 EXISTING CONDITIONS ............................................................................................................. 1 PROPOSED CONDITIONS ........................................................................................................... 3 CONCEPT SUMMARY ................................................................................................................. 3 RESULTS & RECOMMENDATIONS ......................................................................................... 5 OPINION OF PROBABLE CONSTRUCTION COST ................................................................. 5 Augusta-Richmond County, Georgia Ellis Street Drainage Improvements Conceptual Report 11/2/2022, Rev. 0 CEG Project No. 2022-0539 1 PROJECT BACKGROUND Localized flooding has been reported via complaints made by the residents of the 1900 block of Ellis Street. The City of Augusta Engineering Department requested a drainage study to confirm the observed conditions and develop improvement recommendations. On August 15th, 2022, Cranston visited the site to observe existing conditions. A follow up meeting to discuss said conditions and possible solutions was held with the Augusta Engineering Department. This report outlines the evaluation and conceptual solutions developed for potential improvement. STUDY AREA The study area encompasses the 1900 block of Ellis Street and limited 300 block of Eve Street. The specific area of study is limited to the Ellis Street properties bordering the John C. Calhoun Expressway (street addresses 1910 to 1938). A breakdown of the study area can be found on sheet C100 of the Concept Plans provided in Appendix A. SCOPE OF STUDY The purpose of this study is to evaluate site specific alternatives for improving drainage system conditions south of the residential properties noted within the study area. Specific areas of focus include the existing concrete drainage ditch and drop inlet located at the rear of the 1910-1938 Ellis Street properties bordering John C. Calhoun Expressway. Cranston referenced Augusta-Richmond County GIS data, historical utility mapping performed by Jones & Fellers, John C. Calhoun Expressway plans created by the Georgia Department of Transportation, and limited field data collections performed by Cranston. EXISTING CONDITIONS An existing concrete ditch extends along the rear of the Ellis Street properties noted above and parallels the John C. Calhoun Expressway Westbound on ramp leading from Eve Street to the South. The ditch is approximately 3 feet wide, 4 inches deep, and generally shaped like a trapezoid. The drainage ditch diverts surface flows from both the on ramp and residential properties to a drop inlet (designated as Existing Outfall B1 within this report) which ties to an existing sanitary sewer line that flows to the Northeast. The top of said inlet is assumed to be an elevation of 164.31’ based on GIS data. Sanitary pipe sizing and inverts are unknown. See sheet C100 of the concept plans provided in Appendix A for a plan view of existing conditions. Peak Flows – Existing Conditions To calculate peak flows to Existing Outfall B1, Cranston utilized the Rational Method. The time of concentration was calculated using the TR-55 Method to account for the travel time of runoff from the hydraulically most remote point to the outfall. Basin area, weighted runoff coefficient, and rainfall intensity were used as input data. Said input data can be found in Tables 1 & 2 below. See sheet C101 of the Concept Plans provided in Appendix A for basin delineation. Augusta-Richmond County, Georgia Ellis Street Drainage Improvements Conceptual Report 11/2/2022, Rev. 0 CEG Project No. 2022-0539 2 Table #1 - Existing Basin Data Basin Area (Acres) Weighted Runoff Coefficient* Time of Concentration (Minutes) Existing Drainage Basin 2.75 0.42 15 *Note: A runoff coefficient of 0.20 was used for pervious surfaces and a runoff coefficient of 0.95 was used for impervious surfaces. Table #2 - Precipitation frequency estimates with 90% confidence intervals at a duration of 15 minutes Storm Event (year) Rainfall Intensity (in/hr) Peak Flow (cfs) to Existing Outfall B1 2 3.46 3.95 5 4.32 4.94 10 5.06 5.78 25 6.12 6.99 50 6.96 7.95 100 7.83 8.95 Note: Rainfall Intensities referenced from NOAA. (Link: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=33.4840&lon=- 81.9967&data=depth&units=english&series=pds) The 25-year storm event is the design storm for the purposes of this study. Existing Inlet Hydraulics The invert elevation and outfall pipe for existing structure B1 were inaccessible at the time of the site visit. The inlet control conditions of the drop inlet were calculated using Hydraflow Express. Using the input data shown in Table #4 and a 25-year peak flow of 6.99 cfs, the flow depth at the inlet is 4.02 inches. Table #4 - Existing Drainage Conditions Structure Name Inlet Characteristics Inlet Type On Grade / On Sag Inlet Length (ft) Throat Height (in) Cross Slope, Sx (ft/ft) Local Depression (in) Gutter Width (ft) Longitudinal Slope, SL (ft/ft) Existing Outfall B1 Drop Curb On Sag 12.00 4.00 0.04 0.00 0.00 0.00 Augusta-Richmond County, Georgia Ellis Street Drainage Improvements Conceptual Report 11/2/2022, Rev. 0 CEG Project No. 2022-0539 3 PROPOSED CONDITIONS Through coordination with the City of Augusta Engineering Department, a site specific concept was developed to improve the existing drainage system. This concept, detailed below, was modeled using Hydraflow StormSewers and Hydraflow Express. Refer to sheet C201 within Appendix A for the Concept Plan. CONCEPT SUMMARY The proposed concept includes construction of a concrete header curb along the John C. Calhoun Expressway Westbound on ramp. This curb will route runoff downstream to a new collection and conveyance system along the on ramp. The new storm drain system will extend downstream and connect to the existing storm sewer system on Eve Street. New curbing and storm inlets will be constructed along the Eve Street / John C. Calhoun Expressway on ramp intersection to collect surface water runoff and route away from the existing concrete ditch. Proposed Inlet Hydraulics The following input data in Table #5 was used for peak system inlet flow calculations. Augusta-Richmond County, Georgia Ellis Street Drainage Improvements Conceptual Report 11/2/2022, Rev. 0 CEG Project No. 2022-0539 4 Table #5 - Proposed Drainage Conditions Structure Name B1 - Existing Outfall A0.1 - Ex Weir Inlet A0 - Ex SWT A1 - DWT A2 - SWT A3 - SWT A1.1 - Yard Drain Drainage Subbasin Characteristics Drainage Area (ac) 2.07 0.56 0.09 0.11 0.08 0.41 0.08 Weighted Runoff Coefficient 0.27 0.20 0.95 0.95 0.95 0.91 0.20 Inlet Time (min) 15.00 5.00 5.00 5.00 5.00 5.00 5.00 Inlet Characteristics Inlet Type Drop Curb Drop Curb Curb Inlet Curb Inlet Curb Inlet Curb Inlet Drop Curb On Grade / On Sag On Sag On Sag On Grade On Sag On Grade On Grade On Sag Bypass Structure - - A1 - DWT - A1 - DWT A2 - SWT - Inlet Length (ft) 12.00 12.00 10.00 12.00 12.00 12.00 12.00 Throat Height (in) 4.00 4.00 4.00 4.00 4.00 4.00 4.00 Cross Slope, Sx (ft/ft) 0.04 0.04 0.02 0.02 0.07 0.04 0.015 Local Depression (in) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Gutter Width (ft) 0.00 0.00 2.00 2.00 6.00 5.25 0.00 Longitudinal Slope, SL (ft/ft) 0.000 0.040 0.002 0.020 0.028 0.023 0.015 Manning's n Value 0.013 0.013 0.013 0.013 0.013 0.013 0.013 Pipe Characteristics Downstream Pipe N/A A0 - A0.1 OUTFALL - A0 A0 - A1 A1 - A2 A2 - A3 A1 - A1.1 Downstream Pipe Slope (%) N/A 1.00 1.50 1.50 1.50 1.50 2.00 Manning's n Value 0.013 0.013 0.013 0.013 0.013 0.013 0.013 Augusta-Richmond County, Georgia Ellis Street Drainage Improvements Conceptual Report 11/2/2022, Rev. 0 CEG Project No. 2022-0539 5 RESULTS & RECOMMENDATIONS By installing the proposed drainage system, overland flow to Existing Outfall B1 within the existing concrete ditch, is decreased by 51% from 6.99 cfs to 3.41 cfs. With a flow depth in the existing concrete ditch of 2.49 inches, and an available weir opening of 4 inches, the existing drop inlet has the capacity to collect the 25-year storm event based on proposed conditions. A model of the proposed conditions can be found in Appendix B. OPINION OF PROBABLE CONSTRUCTION COST The following probable construction cost ranges are approximate based on the conceptual improvements described in this report. Total project costs will include additional components not accounted for in the opinion of probable construction costs. These costs may include engineering, permitting, submittal fees, and mitigation. Table #6 - Opinion of Probable Construction Cost GDOT Pay Item GDOT Description QTY Unit Unit Price Total Price 150-1000 TRAFFIC CONTROL 1 LS $3,900.00 $3,900.00 161-1000 EROSION CONTROL 1 LS $7,800.00 $7,800.00 207-0203 FOUND BKFILL MATL, TP II 11 CY $120.00 $1,320.00 210-0100 GRADING COMPLETE 1 LS $13,000.00 $13,000.00 402-3103 ASPH CONC 12.5 MM SUPERPAVE 3 TN $235.00 $705.00 413-0750 TACK COAT 3 GL $100.00 $300.00 441-5002 CONCRETE HEADER CURB, 6 IN, TP 2 460 LF $30.00 $13,800.00 550-1180 STORM DRAIN PIPE, 18 IN, H 1-10 [RCP] 376 LF $125.00 $47,000.00 668-1100 CATCH BASIN, GP 1 11 EA $4,500.00 $49,500.00 700-6910 PERMANENT GRASSING 0.3 AC $3,500.00 $1,050.00 Subtotal: $ 138,375.00 Add 15% Contingency: $ 20,756.25 Opinion of Probable Construction Cost: $ 159,131.25 Augusta-Richmond County, Georgia Ellis Street Drainage Improvements Conceptual Report 11/2/2022, Rev. 0 CEG Project No. 2022-0539 APPENDIX A Conceptual Plans EV E S T R E E T ELLI S S T R E E T ME T C A L F S T R E E T ST L U K E S T R E E T GRE E N E S T R E E T HIC K S S T R E E T BRO A D S T R E E T WEST B O U N D O N R A M P JOH N C C A L H O U N E X P R E S S W A Y E A S T B O U N D JOH N C C A L H O U N E X P R E S S W A Y W E S T B O U N D GENERAL NOTES: C100 EL L I S S T R E E T D R A I N A G E IM P R O V E M E N T S EX I S T I N G C O N D I T I O N S PLAN STUDY AREA LEGEND SPECIFIC AREA OF STUDY DUE TO RECURRING LOCALIZED FLOODING EXISTING OUTFALL B1 (DROP INLET) EV E S T R E E T ELLI S S T R E E T ME T C A L F S T R E E T ST L U K E S T R E E T GRE E N E S T R E E T WEL S H L A N E WEST B O U N D O N R A M P JOH N C C A L H O U N E X P R E S S W A Y E A S T B O U N D JOH N C C A L H O U N E X P R E S S W A Y W E S T B O U N D C200 EL L I S S T R E E T D R A I N A G E IM P R O V E M E N T S BA S I N PLANLEGEND EV E S T R E E T ELLI S S T R E E T WESTB O U N D O N R A M P JOH N C C A L H O U N E X P R E S S W A Y E A S T B O U N D JOH N C C A L H O U N E X P R E S S W A Y W E S T B O U N D FINAL CONCEPT C201 EL L I S S T R E E T D R A I N A G E IM P R O V E M E N T S CO N C E P T P L A N PLAN CONCEPT PLAN · · EV E S T R E E T ELLI S S T R E E T ME T C A L F S T R E E T ST L U K E S T R E E T GRE E N E S T R E E T WEL S H L A N E WEST B O U N D O N R A M P JOH N C C A L H O U N E X P R E S S W A Y E A S T B O U N D JOH N C C A L H O U N E X P R E S S W A Y W E S T B O U N D C202 EL L I S S T R E E T D R A I N A G E IM P R O V E M E N T S PR O P O S E D C O N C E P T B A S I N PLANLEGEND Augusta-Richmond County, Georgia Ellis Street Drainage Improvements Conceptual Report 11/2/2022, Rev. 0 CEG Project No. 2022-0539 APPENDIX B Existing and Proposed Drainage Modeling Inlet Report Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Nov 2 2022 Existing Drop Inlet Capacity Drop Curb Inlet Location = Sag Curb Length (ft) = 12.00 Throat Height (in) = 4.00 Grate Area (sqft) = -0- Grate Width (ft) = -0- Grate Length (ft) = -0- Gutter Slope, Sw (ft/ft) = 0.040 Slope, Sx (ft/ft) = 0.040 Local Depr (in) = -0- Gutter Width (ft) = -0- Gutter Slope (%) = -0- Gutter n-value = -0- Calculations Compute by: Known Q Q (cfs) = 6.99 Highlighted Q Total (cfs) = 6.99 Q Capt (cfs) = 6.99 Q Bypass (cfs) = -0- Depth at Inlet (in) = 4.02 Efficiency (%) = 100 Gutter Spread (ft) = 8.38 Gutter Vel (ft/s) = -0- Bypass Spread (ft) = -0- Bypass Depth (in) = -0- Inlet Report Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Nov 2 2022 EXISTING OUTFALL B1 - Existing Conditions Drop Curb Inlet Location = Sag Curb Length (ft) = 12.00 Throat Height (in) = 4.00 Grate Area (sqft) = -0- Grate Width (ft) = -0- Grate Length (ft) = -0- Gutter Slope, Sw (ft/ft) = 0.040 Slope, Sx (ft/ft) = 0.040 Local Depr (in) = -0- Gutter Width (ft) = -0- Gutter Slope (%) = -0- Gutter n-value = -0- Calculations Compute by: Q vs Depth Max Depth (in) = 4 Highlighted Q Total (cfs) = 7.00 Q Capt (cfs) = 7.00 Q Bypass (cfs) = -0- Depth at Inlet (in) = 4.03 Efficiency (%) = 100 Gutter Spread (ft) = 8.39 Gutter Vel (ft/s) = -0- Bypass Spread (ft) = -0- Bypass Depth (in) = -0- Inlet Report Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Nov 2 2022 EXISTING OUTFALL B1 - Proposed Conditions Drop Curb Inlet Location = Sag Curb Length (ft) = 12.00 Throat Height (in) = 4.00 Grate Area (sqft) = -0- Grate Width (ft) = -0- Grate Length (ft) = -0- Gutter Slope, Sw (ft/ft) = 0.040 Slope, Sx (ft/ft) = 0.040 Local Depr (in) = -0- Gutter Width (ft) = -0- Gutter Slope (%) = -0- Gutter n-value = -0- Calculations Compute by: Known Q Q (cfs) = 3.41 Highlighted Q Total (cfs) = 3.41 Q Capt (cfs) = 3.41 Q Bypass (cfs) = -0- Depth at Inlet (in) = 2.49 Efficiency (%) = 100 Gutter Spread (ft) = 5.19 Gutter Vel (ft/s) = -0- Bypass Spread (ft) = -0- Bypass Depth (in) = -0- September 13, 2022 Ms. Takiyah Douse Interim Administrator - City of Augusta, Georgia 535 Telfair Street Augusta, Georgia 30901 Re: Ellis Street Property Assessments Augusta, Georgia Our File No. 2022-0573 Dear Ms. Douse: In accordance with your request, we are pleased to offer the following proposal for professional services associated with the assessments of several residential properties along Ellis Street in Augusta, Georgia. Based on our recent call, we understand that this is an emergency issue as residents have expressed concern regarding frequent flooding of their properties and the structural integrity of their residences. Cranston Engineering is familiar with the project area having initiated Concept Development services for the Augusta Engineering Department as it relates to drainage improvements in the vicinity of 1912 Ellis Street near the John C. Calhoun Expressway, Eve Street, and Ellis Street. PROJECT DESCRIPTION The City of Augusta has requested an assessment of the properties located on a portion of Ellis Street between Eve Street and Metcalf Street. The ten (10) subject properties include 1910 to 1946 Ellis Street as shown on Exhibit 1. These properties are characterized as 0.08 - 0.15-acre lots with residential structures of various construction. We understand the project objective is to assess each residential structure to determine if settlement or damage is evident and where possible, establish the potential cause(s) of any observed issues. We propose to complete the Scope of Work based on the following task-based approach. SCOPE OF WORK TASK 1 – SURVEY SERVICES Perform a topographic/feature survey of the project area. The contour interval will be one foot and will be based upon the North American Vertical Datum of 1988, commonly called Mean Sea Level. The horizontal datum will be the Georgia State Plane Coordinate System, East Zone (North American Datum of 1983). Accessible utilities will be located and mapped. We will Ms. Takiyah Douse September 13, 2022 Page 2 of 4 coordinate with the Augusta Utilities Department to secure GIS based water and sanitary sewer drawings for inclusion in the survey. A private underground utility locate is not included. TASK 2 – STRUCTURAL ASSESSMENT Cranston will perform a cursory, visual structural condition assessment on ten existing residential structures along Ellis Street in Augusta, GA. The purpose of the assessment is to determine potential causes for settlement and / or damage to the existing structures. The existing property owners are concerned that flooding conditions have adversely impacted the structural integrity of the buildings. Cranston personnel will conduct site visits at each of the structures to include crawlspace observations as well as interior observations. These observations will be used to identify existing deficiencies, and where possible, identify primary causes for observed damage. While reasonable efforts will be made to provide findings and conclusions related to the root cause of damage, it is possible that the primary cause may not be clear. Often settlements and moisture damage are related to several additive factors where it is not clear which may be the largest contributing factor. After the conclusion of the site visits a letter report outlining our findings and recommendations will be provided. Note that this scope of services includes visual observations only. Destructive and / or material testing is not included in this scope of services. In addition, this scope of services includes (1) meeting after delivery of the report to review and discuss conclusions and findings. Subsequent meetings, testimony, site visits are not included in this scope of services. TASK 3 – CIVIL ENGINEERING SERVICES Utilizing preliminary engineering data from the Augusta Engineering Department’s Concept Study of the Ellis Street project area, Cranston will enhance hydrologic and hydraulic models to support the property assessments. Various scenarios will be studied to help inform the assessment as it relates to surface water runoff and localized ponding within the residential properties. We will coordinate the model output data with the structural site observations to further inform the condition assessments. Hydrologic and hydraulic modeling will be documented and compiled into the final report. TASK 4 – MEETINGS AND PROJECT COORDINATION Cranston will meet with City Administrator and other City officials as necessary to review the findings and final report. We understand that additional meetings may be required to review the work in process or final deliverables. Therefore, this task is included to account for these potential meetings on a time and materials basis. DELIVERABLES Cranston will compile the Survey, Structural Assessments, and Hydrologic & Hydraulic Models into report format. The report will summarize the existing conditions, site observations, modeling data, and recommendations. We will meet with you and your team to review the final report and its findings. Ms. Takiyah Douse September 13, 2022 Page 3 of 4 ASSUMPTIONS AND EXCLUSIONS · The scope of work is limited to the survey and assessments only. Any construction documents will be developed separately. · Meetings are proposed on a time and materials basis with an estimated value. Additional fees may be required if requested meetings cause this value to be exceeded. · Any legal related meetings or depositions are excluded. · Geotechnical and / or Environmental Services are excluded. · Access to personal property will be assisted / facilitated by the City of Augusta. · Should access not be granted or if areas are found to be inaccessible, then Cranston will not be responsible for assessing the specific structure or area. · Any services not expressly included in this proposal are excluded. Additional services may be provided on a time and material basis or as a separate agreement upon request. FEE PROPOSAL Basic Services Proposed Fee TASK #1 SURVEY SERVICES Lump Sum $8,800 TASK #2 STRUCTURAL ASSESSMENT Lump Sum $29,667 TASK #3 CIVIL ENGINEERING SERVICES Lump Sum $11,700 TASK #4 MEETINGS & PROJECT COORDINATION Time & Materials $9,800 TOTAL BASIC SERVICES: $59,967 We expect to submit periodic invoices as the work progresses and to receive payment within thirty (30) days thereafter. TIME OF COMPLETION We understand the emergent nature of this request and will initiate services immediately upon your direction to proceed. We anticipate Survey Services will require approximately 3-weeks to complete. The Structural and Civil Engineering Services are estimated to require approximately 4-weeks to complete following receipt of the survey. We will compile the final report and schedule a review meeting with you immediately thereafter. Following your notice to proceed, we will develop a formal schedule for your use. Ms. Takiyah Douse September 13, 2022 Page 4 of 4 We appreciate this opportunity to propose our services and trust that you find it satisfactory. Your signature in the space provided below will be our authorization to proceed. Should you have any questions concerning this proposal, please do not hesitate to contact us. Sincerely, CRANSTON, LLC Tom Dunaway, P.E., MBA ACCEPTED: AUGUSTA, GEORGIA BY: TITLE: DATE: Commission Meeting Agenda 12/6/2022 2:00 PM Ellis Street Improvement Project Update/Supplemental Department:Administrator's Office Department:Administrator's Office Caption:Motion to approve the supplemental work needed to assess identified structures between 1910-1946 Ellis Street by Cranston Engineering in the amount of $59,967.00. (Approved by Engineering Services Committee November 29, 2022) Background:The Augusta-Richmond County Commission has received concerns from residents from Ellis Street relative to the flooding from Calhoun Expressway. Under the director of the Engineering and Environmental Services Department, a drainage assessment is warranted to assess each residential structure to determine if settlement or damage is evident and where possible, establish the potential cause(s) of any observed issues. Analysis:As part of the drainage assessment, several tasks (scope of work) are necessary to examine each residential structure. These include (1) Survey Services, (2) Structural Assessment, (3) Civil Engineering Services and (4) Meetings and Project Coordination. Financial Impact:Needed funding ($59,967) is available in the Administrator's Office budget Alternatives:Do not approve the supplemental work needed to assess identified structures between 1910-1946 Ellis Street by Cranston Engineering in the amount of $59,967.00. Recommendation:Approve the supplemental work needed to assess identified structures between 1910-1946 Ellis Street by Cranston Engineering in the amount of $59,967.00. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA-RICHMOND COUNTY ENGINEERING & ENVIRONMENTAL SERVICES DEPARTMENT SUPPLEMENTAL AGREEMENT (SA02 – For changes greater than $25,000) November 2022 WHEREAS, We, Constantine Engineering, Consultant, entered into a contract with Augusta-Richmond County on September 17, 2019, for Engineering Design Services associated with the Stormwater System Assessment Project No., File Reference NO. 19-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional services for Overton Road Drainage Sub-basin It is agreed that as a result of the above described modification the contract amount is increased by $49,575.00 from $226,000.00 to a new total of $275,575.00. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Constantine Engineering, Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This _________ day of _____________, 2022. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY CONSTANTINE ENGINEERING AUGUSTA, GEORGIA Hardie Davis, Jr., Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: ____________________________ Title: ____________________________ Augusta Richmond County Project Number(s): 581-044320-5211120 Supplemental Agreement Number: 4 Purchase Order Number: 21ENG139 Commission Meeting Agenda 12/6/2022 2:00 PM Engineering Services for Drainage Study, Stormwater System Assessment and Drainage Improvement Projects – RFQ 19-148 Ardurra (Constantine Engineering) – Task Order Four File Reference: 22 – 014(A) Department:Engineering Department:Engineering Caption:Motion to approve Task Order four (SA4) funding for Drainage System Assessment, Verification and Drainage Improvements Engineering Services Agreement to Ardurra (former Constantine Engineering) in the amount of $49,575.00 for Overton Road Drainage Sub-basin design phase services. RFQ 19-148 / requested by Engineering.(Approved by Engineering Services Committee November 29, 2022) Background:Stormwater conveyance concerns are wide spread and particularly in older developed areas. The objective of Drainage Improvements projects in the area experiencing localized flooding is to provide infrastructure improvements that mitigate the flooding conditions in these areas. The overall need for this project is to upgrade the infrastructure system within the designated area including roadway improvements, resurfacing, or both, adding of curbs, gutters, sidewalks, and drainage improvements. On May 7, 2019 Commission approved the award of Engineering Services for Drainage Study, Stormwater System Assessment and Drainage Improvement Projects. Engineering Services Agreement were sent to four qualified firms including Constantine. W ork is released as Phased Task Order. Overton road drainage assessment and alternate design concepts are complete. Next phase is completion of final design and construction plans. Analysis:Drainage at and around Overton Road was assessed under Task Orders 1 through 3. Generated information was used to develop drainage system possible layout alternatives and each alternate estimated construction cost. Task Order 4 is for chosen alternate final Design phase services. Services are provided by Ardurra (former Constantine Engineering). Financial Impact:Stormwater Services Program Funds. Alternatives:1). Do not approve and find alternative to address Overton Road subbasin storm conveyance system improvements needs. Recommendation:Approve Task Order four (SA4) funding for Drainage System Assessment, Verification and Drainage Improvements Engineering Services Agreement to Ardurra (former Constantine Engineering) in the amount of $49,575.00 for Overton Road Drainage Sub-basin design phase services. RFQ 19-148/ requested by Engineering. Funds are Available in the Following Accounts: ($49,575) 581-044320-5211110 - Stormwater Utilities Funds REVIEWED AND APPROVED BY: CST RFP 22-195 Biditem Description Rev. Bid Quantity Unit Rev. Bid Unit Price 5 FORCE ACCOUNT - 13TH STREET 1.000 LS 500,000.00$ 10 TRAFFIC CONTROL - 0011424 - 13TH STREET 1.000 LS 71,110.00$ 15 FOUND BKFILL MATL, TP II 750.000 CY 166.00$ 20 GRADING COMPLETE - 0011424 - 13TH STREET 1.000 LS 1,227,160.00$ 21 EXCAV UNSUIT MATL & BORROW GOOD MATL 1.000 CY 61.00$ 25 LOCAL SAND OR SAND-GRAVEL BACKFILL 750.000 CY 209.00$ 30 GR AGGR BASE CRS, INCL MATL 750.000 TN 48.75$ 35 REC ASPH CONC PATCHING, INCL BITUM MATL 50.000 TN 561.00$ 40 REC ASPH CONC LEVELING, INCL BM&HL 250.000 TN 187.00$ 45 REC ASPH CONC 12.5 MM SP, GP 2 ONLY, INCL BM&HL2,100.000 TN 139.00$ 50 TACK COAT 2,000.000 GL 7.20$ 55 MILL ASPH CONC PVMT, 1-1/2 IN DEPTH 22,500.000 SY 3.60$ 60 CONC SIDEWALK, 4 IN 3,450.000 SY 90.00$ 65 CONC VALLEY GUTTER, 6 IN 450.000 SY 97.25$ 70 CONC VALLEY GUTTER WITH CURB, 6 IN 150.000 SY 102.00$ 75 CONCRETE HEADER CURB, 10 IN, TP 4 400.000 LF 29.75$ 80 CONC CURB & GUTTER, 6 IN X 18 IN, TP 2 3,000.000 LF 25.50$ 85 CONC CURB & GUTTER, 6 IN X 24 IN, TP 2 265.000 LF 29.75$ 90 CONC CURB & GUTTER, 6 IN X 30 IN, TP 2 1,800.000 LF 32.00$ 95 CLASS A CONCRETE, INCL REINF STEEL 2.000 CY 2,280.00$ 100 CLASS B CONC, BASE OR PVMT WIDENING 250.000 CY 425.00$ 105 STORM DRAIN PIPE, 12 IN, H 1-10 30.000 LF 98.25$ 110 STORM DRAIN PIPE, 15 IN, H 1-10 55.000 LF 98.25$ 115 STORM DRAIN PIPE, 18 IN, H 1-10 632.000 LF 102.00$ 120 STORM DRAIN PIPE, 24 IN, H 1-10 910.000 LF 125.00$ 125 ELLIPTICAL PIPE - 14 IN X 23 IN, CLASS III 96.000 LF 132.00$ 130 UNDDR PIPE ONLY, 6 IN 36.000 LF 147.00$ 135 UNDDR PIPE INCL DRAINAGE AGGR, 6 IN 250.000 LF 122.00$ 140 FLOWABLE FILL 25.000 CY 772.00$ 145 ROCK RIP RAP 10.000 TN 529.00$ 150 SAND-CEMENT BAG RIP RAP, 6 IN 245.000 SY 154.00$ 155 RECONSTR CATCH BASIN, GROUP 1 3.000 EA 6,360.00$ 160 RECONSTR STORM SEW MANHOLE, TYPE 1 2.000 EA 5,840.00$ 165 RECONSTR JUNCTION BOX 1.000 EA 5,840.00$ 170 CATCH BASIN, GP 1 34.000 EA 6,360.00$ 175 CATCH BASIN, GP 1, ADDL DEPTH 12.000 LF 626.00$ 180 STORM SEWER MANHOLE, TP 1 8.000 EA 5,840.00$ 185 STORM SEWER MANHOLE, TP 1, ADDL DEPTH, CL 1 10.000 LF 626.00$ 190 STR STEEL 136.000 LB 82.50$ 195 BAR REINF STEEL 14,685.000 LB 2.55$ 200 SUPERSTR CONCRETE, CL D, BR NO 1 180.000 CY 1,860.00$ 205 REM PORTIONS OF EXISTING WINGWALLS & PARAPETS 1.000 LS 101,800.00$ 210 RESET HIGHWAY SIGN 28.000 EA 166.00$ 215 PLASTIC FILTER FABRIC 116.000 SY 44.25$ 13th Street: 220 BRICK MASONARY 33.000 CY 3,950.00$ 225 PERMANENT SOIL NAILED WALL NO 1 1.000 LS 227,000.00$ 230 REM/SET EXST SPCL GUIDE SIGN GRND MNTD COMP-IN-PLA4.000 EA 2,760.00$ 235 HIGHWAY SIGNS, TP 1 MATL,REFL SHEETING, TP 9 12.000 SF 26.50$ 240 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 11 40.000 SF 28.75$ 245 GALV STEEL POSTS, TP 7 504.000 LF 13.25$ 250 BARRIER FENCE (ORANGE), 4 FT 1,000.000 LF 4.60$ 255 TRAFFIC SIGNAL INSTALLATION N0-1 1.000 LS 35,100.00$ 260 PEDESTAL POLE -RESET 2.000 EA 1,090.00$ 265 PEDESTAL POST -RESET 2.000 EA 1,090.00$ 270 THERMOPLASTIC PVMT MARKING, RR/HWY CROSSING 4.000 EA 553.00$ 275 THERMOPLASTIC PVMT MARKING, ARROW, TP 1 2.000 EA 111.00$ 280 THERMOPLASTIC PVMT MARKING, ARROW, TP 2 8.000 EA 111.00$ 285 THERMOPLASTIC PVMT MARKING, ARROW, TP 3 3.000 EA 166.00$ 290 THERMOPLASTIC PVMT MARKING, WORD, TP 1 4.000 EA 166.00$ 295 THERMOPLASTIC SOLID TRAF STRIPE, 24 IN, WHITE 697.000 LF 13.25$ 300 THERMOPLASTIC SOLID TRAF STRIPE, 8 IN, WHITE 2,007.000 LF 4.40$ 305 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE 1.000 LM 3,260.00$ 310 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW 1.000 LM 3,260.00$ 315 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, WHITE 1.000 GLM 2,160.00$ 320 THERMOPLASTIC TRAF STRIPING, WHITE 278.000 SY 6.90$ 325 THERMOPLASTIC TRAF STRIPING, YELLOW 100.000 SY 6.90$ 330 RAISED PVMT MARKERS TP 1 135.000 EA 6.90$ 335 RAISED PVMT MARKERS TP 3 225.000 EA 6.90$ 340 ADJUST MANHOLE TO GRADE 7.000 EA 1,750.00$ 345 ADJUST WATER METER BOX TO GRADE 15.000 EA 1,010.00$ 350 ADJUST WATER VALVE BOX TO GRADE 3.000 EA 1,010.00$ 355 ADJUST SEWER LATERAL CLEAN OUT TO GRADE 1.000 EA 1,550.00$ 360 ADJUST GAS VALVE TO GRADE 10.000 EA 1,010.00$ 365 FIRE HYDRANT ASSEMBLY, INCL TAPPING SLEEVE & VALVE4.000 EA 19,000.00$ 370 UTILITY CONFLIC ADJUST-WATER SERVICE LINE(ALL SIZE 50.000 LF 126.00$ 375 UTILITY CONFLICT ADJUST-SEWER LATERAL (ALL SIZES)50.000 LF 294.00$ 380 RELOCATE EXIST WATER METER, INCL BOX 3.000 EA 3,920.00$ 385 LIGHTING STD, 12 FT MH, POST TOP 81.000 EA 6,610.00$ 390 CABLE, TP THHN, AWG NO 6 135,965.000 LF 1.90$ 395 ELECTRICAL SERVICE POI NT 2.000 EA 10,900.00$ 400 CONDUIT, RIGID, 1 IN 200.000 LF 16.75$ 405 CONDUIT, RIGID, 2 IN 200.000 LF 33.50$ 410 CONDUIT, NONMETL, TP 2, 1-1/2 IN 19,647.000 LF 7.80$ 415 ELECTRICAL JUNCTION BOX 25.000 EA 932.00$ 420 DIRECTIONAL BORE -3 IN 2,467.000 LF 4.45$ 425 DIRECTIONAL BORE -5 IN 200.000 LF 5.60$ 430 AGRICULTURAL LIME 1.000 TN 468.00$ 435 FERTILIZER MIXED GRADE 0.100 TN 1,800.00$ 440 SOD 270.000 SY 25.25$ 445 AZALEA HYBRIDS -SOUTHERN INDICA AZALEA, 7 GAL 47.000 EA 64.50$ 450 CORNUSKOUSA-KOUSA DOGWOOD, 2 IN CAL 14.000 EA 355.00$ 455 DISTYLIUM -VINTAGE JADE DISTYLIUM, 3 GAL 246.000 EA 28.50$ 460 ILEX CORNUTA- CARISSA HOLLY, 3 GAL 189.000 EA 28.75$ 465 MULLENBERGIA CAPILLARIS PINK MUHLY GRASS, 3 GAL141.000 EA 29.25$ 470 PARROTIA PERSICA-STREETWISE PERSIAN PARROTIA 4IN60.000 EA 1,380.00$ 475 QUERCUS NUTTALL! -NUTTALL OAK, 3 IN CAL 15.000 EA 496.00$ 480 YUCCA- SPINELESS YUCCA, 3 GAL 253.000 EA 41.25$ 485 LANDSCAPE MULCH 1,700.000 SY 9.30$ 490 PLANT TOPSOIL 260.000 CY 70.75$ 495 IRRIGATION SYSTEM 1.000 LS 137,400.00$ 500 BRICK PAVERS 19,000.000 SF 26.25$ 505 INTERSECTION VIDEO DETECTION SYSTEM ASSEMBLY,TP A5.000 EA 27,800.00$ 510 TEMPORARY GRASSING 1.000 AC 1,800.00$ 515 MULCH 1.000 TN 1,720.00$ 520 C&R INLET SEDIMENT TRAP- FILTER BLANKET 29.000 EA 464.00$ 525 C&R INLET SEDIMENT TRAP - PIGS-N-BLANKET 20.000 EA 464.00$ 530 MAINTENANCE OF TEMPORARY SILT FENCE, TP A 3,400.000 LF 0.13$ 535 MAINTENANCE OF INLET SEDIMENT TRAP 49.000 EA 191.00$ 540 TEMPORARY SILT FENCE, TYPE A 3,400.000 LF 4.10$ 13th New Total = Biditem Description Description Unit Rev. Bid Unit Price 545 FORCE ACCOUNT - TELFAIR STREET 1.000 LS 450,000.00$ 550 TRAFFIC CONTROL - 0011409 - TELFAIR STREET 1.000 LS 284,440.00$ 555 TEMPORARY GRASSING 3.000 AC 1,800.00$ 560 FOUND BKFILL MATL, TP II 3,250.000 CY 95.00$ 565 GRADING COMPLETE - 0011409 - TELEFAIR STREET 1.000 LS 4,908,640.00$ 566 EXCAV UNSUIT MATL & BORROW GOOD MATL 1.000 CY 61.00$ 575 GR AGGR BASE CRS, INCL MATL 3,000.000 TN 48.75$ 580 REC ASPH CONC PATCHING, INCL BITUM MATL 100.000 TN 561.00$ 585 REC ASPH CONC LEVELING, INCL BM&HL 625.000 TN 187.00$ 590 REC ASPH CONC 12.5 MM SP, GP 2 ONLY, INCL BM&HL4,500.000 TN 139.00$ 595 TACK COAT 4,300.000 GL 7.20$ 600 MILL ASPH CONC PVMT, 1-1/2 IN DEPTH 48,500.000 SY 3.70$ 605 CONC SIDEWALK, 4 IN 13,250.000 SY 85.00$ 610 CONCRETE GUTTER, 6 IN 1,000.000 LF 26.50$ 615 CONC VALLEY GUTTER, 6 IN 175.000 SY 90.50$ 620 CONC VALLEY GUTTER WITH CURB, 6 IN 4,750.000 SY 90.50$ 625 CONCRETE HEADER CURB, 6 IN, TP 2 500.000 LF 24.25$ 630 CONC CURB & GUTTER, 6 IN X 24 IN, TP 2 350.000 LF 29.75$ 635 CONC CURB & GUTTER, 6 IN X 30 IN, TP 2 14,250.000 LF 26.25$ 640 CLASS A CONCRETE 50.000 CY 2,280.00$ 645 CLASS B CONC, BASE OR PVMT WIDENING 750.000 CY 425.00$ 650 STORM DRAIN PIPE, 15 IN, H 1-10 52.000 LF 98.00$ 655 STORM DRAIN PIPE, 18 IN, H 1-10 4,445.000 LF 102.00$ 660 STORM DRAIN PIPE, 24 IN, H 1-10 2,556.000 LF 124.50$ 665 STORM DRAIN PIPE, 30 IN, H 1-10 514.000 LF 148.00$ Telfair Street: 670 STORM DRAIN PIPE, 36 IN, H 1-10 1,058.000 LF 197.00$ 675 STORM DRAIN PIPE; 36 IN, H 10-15 71.000 LF 197.00$ 680 ELLIPTICAL PIPE -18 IN X 29 IN, CLASS III 26.000 LF 179.50$ 685 ELLIPTICAL PIPE - 23 IN X 36 IN, CLASS III 55.000 LF 219.00$ 690 UNDDR PIPE INCL DRAINAGE AGGR, 6 IN 500.000 LF 122.00$ 695 FLOWABLE FILL 75.000 CY 772.00$ 700 PLASTIC FILTER FABRIC 250.000 SY 26.75$ 705 RECONSTR CATCH BASIN, GROUP 1 9.000 EA 6,360.00$ 710 RECONSTR CATCH BASIN, GROUP 2 1.000 EA 6,750.00$ 715 RECONSTR STORM SEW MANHOLE, TYPE 1 3.000 EA 5,840.00$ 720 RECONSTR JUNCTION BOX 1.000 EA 5,840.00$ 725 RESET GRANITE CURB 1,000.000 LF 43.00$ 730 RESET HIGHWAY SIGN 22.000 EA 166.00$ 735 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 9 133.000 SF 26.50$ 740 R&R EXIST SPCL GUIDE SIGN, GROUND MNTD,COMP-IN-PLA2.000 EA 2,760.00$ 745 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 11 192.000 SF 28.75$ 750 GALV STEEL POSTS, TP 7 1,330.000 LF 13.25$ 755 TRAFFIC SIGNAL MODIFICATION -SIGNAL HEAD ADJUST 8.000 EA 2,620.00$ 760 THERMOPLASTIC PVMT MARKING, HANDICAP SYMBOL 11.000 EA 332.00$ 765 THERMOPLASTIC PVMT MARKING, RR/HWY CROSSING SYMBOL2.000 EA 553.00$ 770 THERMOPLASTIC PVMT MARKING, ARROW, TP 1 63.000 EA 111.00$ 775 THERMOPLASTIC PVMT MARKING, ARROW, TP 2 7.000 EA 111.00$ 780 THERMOPLASTIC PVMT MARKING, WORD, TP 1 2.000 EA 166.00$ 785 THERMOPLASTIC PVMT MARKING, SYMBOL, TP 4 63.000 EA 276.00$ 790 THERMOPLASTIC SOLID TRAF STRIPE, 24 IN, WHITE 983.000 LF 13.25$ 795 THERMOPLASTIC SOLID TRAF STRIPE, 8 IN, WHITE 4,967.000 LF 4.40$ 800 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE 5.000 LM 3,260.00$ 805 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW 3.000 LM 3,260.00$ 810 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, WHITE 900.000 GLF 0.44$ 815 THERMOPLASTIC TRAF STRIPING, WHITE 273.000 SY 6.90$ 820 THERMOPLASTIC TRAF STRIPING, YELLOW 396.000 SY 6.90$ 825 THERMOPLASTIC TRAF STRIPING, GREEN 1,393.000 SY 133.00$ 830 RAISED PVMT MARKERS TP 1 462.000 EA 6.90$ 835 RAISED PVMT MARKERS TP 3 32.000 EA 6.90$ 840 UTILITY CONFL ADJ-GRAV SEWERMAIN,PVC(8 IN-15 IN)250.000 LF 519.00$ 845 SEWER MAIN, DUCTILE IRON, 12 IN 20.000 LF 571.00$ 850 SEWER MAIN, DUCTILE IRON, 18 IN 45.000 LF 673.00$ 855 CATCH BASIN, GP 1 103.000 EA 6,360.00$ 860 CATCH BASIN, GP 1, ADDL DEPTH 8.000 LF 626.00$ 865 DROP INLET, GP 1 2.000 EA 5,840.00$ 870 SAN SEWER MANHOLE, TP 1 1.000 EA 6,170.00$ 875 SAN SEWER MANHOLE, TP 1, ADDL DEPTH, CL 1 3.000 LF 984.00$ 880 STORM SEWER MANHOLE, TP 1 62.000 EA 5,840.00$ 885 STORM SEWER MANHOLE, TP 1, ADDL DEPTH, CL 1 36.000 LF 626.00$ 890 STORM SEWER MANHOLE, TP 2 1.000 EA 6,010.00$ 895 STORM SEWER MANHOLE, TP 2, ADDL DEPTH, CL 2 5.000 LF 711.00$ 900 ADJUST MANHOLE TO GRADE 6.000 EA 1,750.00$ 905 ADJUST WATER METER BOX TO GRADE 58.000 EA 1,010.00$ 910 ADJUST WATER VALVE BOX TO GRADE 11.000 EA 1,010.00$ 915 ADJUST SEWER LATERAL CLEANOUT TO GRADE 5.000 EA 5,060.00$ 920 ADJUST HAND HOLE BOX TO GRADE 49.000 EA 335.00$ 925 ADJUST WATER VALVE VAULT TO GRADE 2.000 EA 11,900.00$ 930 UTILITY CONFLICT ADJUST-SEWER LAT(ALLSIZES)1,000.000 LF 294.00$ 935 UTILITY CONFLI ADJ-WATER MAIN, DUCTL IRON(6IN-8IN)750.000 LF 169.00$ 940 FIRE HYDRANT ASSEMBLY,INCL TAPPING SLEEVE & VALVE 8.000 EA 19,000.00$ 945 UTILITY CONFL ADJUST-WATER SERVICE LINE(ALL SIZES)2,500.000 LF 126.00$ 950 RELOCATE EXIST FIRE HYDRANT ASSEMBLY, INCL VALVE 4.000 EA 5,700.00$ 955 RELO EXIST IRRIGAT CONTROL VALVE ASSEM, INCL BOX 1.000 EA 8,450.00$ 960 RELOCATE EXIST WATER METER, INCL BOX 25.000 EA 2,360.00$ 965 LIGHTING STD, 12 FT MH, POST TOP 196.000 EA 6,610.00$ 970 CABLE, TP THHN, AWG NO 6 230,214.000 LF 1.90$ 975 ELECTRICAL SERVICE POINT 7.000 EA 10,900.00$ 980 CONDUIT, NONMETL, TP 2, 1-1/2 IN 46,279.000 LF 7.80$ 985 ELECTRICAL JUNCTION BOX 50.000 EA 932.00$ 990 DIRECTIONAL BORE -3 IN 2,053.000 LF 4.45$ 995 AGRICULTURAL LIME 4.000 TN 468.00$ 1000 FERTILIZER MIXED GRADE 0.400 TN 1,800.00$ 1005 SOD 2,525.000 SY 20.75$ 1010 SEEDING -DAFFODIL MIX 38,537.000 SF 0.10$ 1015 SEEDING -LIROPE MIX 38,670.000 SF 0.10$ 1020 SEEDING -SEDGE MIX 15,254.000 SF 0.10$ 1025 ALLIUM X - MILLENIUM ORNAMENTAL ONION, 4 IN POT1,968.000 EA 14.00$ 1030 CAREX PENSYLVANICA-PENNSYLVANIA SEDGE, 4 IN POT3,624.000 EA 9.70$ 1035 CARPI NUS CAROLINIANA-ORNG C AMERICAN HORNBEAM,3IN186.000 EA 642.00$ 1040 COREOPSIS LANCEOLATA-LANCELEAF TICKSEED, 4 IN POT1,508.000 EA 10.50$ 1045 CROCUS FLAVUS -GOLDEN YELLOW CROCUS, 4 IN POT 777.000 EA 7.15$ 1050 HOST AX -LEMON DELIGHT HOSTA, 4 IN POT 595.000 EA 20.25$ 1055 ILEX CORNUTA- CARISSA HOLLY, 3 GAL 552.000 EA 26.00$ 1060 ILEX VOMITORIA -DWARF YAUPON HOLLY, 7 GAL 110.000 EA 64.75$ 1065 LAGERSTROEMIA INDICA - CRAPE MYRTLE, 3 IN CAL 283.000 EA 431.00$ 1070 LIROPE DENSIFLORA- LILYTURF, 4 IN POT 19,648.000 EA 8.55$ 1075 MULLENBERGIA CAPILLARIS - PINK MUHLY GRASS, 3 GAL677.000 EA 26.00$ 1080 NARCISSUS MINOR -DAFFODIL, 4 IN POT 32,042.000 EA 5.80$ 1085 QUERCUS MICHAUXII -SWAMP CHESTNUT OAK, 3 IN CAL11.000 EA 589.00$ 1090 QUERCUS VIRGINIANA - SOUTHERN LIVE OAK, 3 IN CAL 23.000 EA 538.00$ 1095 RUDBECKIA HIRTA -BLACK-EYED SUSAN, 1 GAL 540.000 EA 12.75$ 1100 RUDBECKIA MAXIMA -LARGE CONEFLOWER, 1 GAL 44.000 EA 14.25$ 1105 TAXODIUM DISTICHUM -BALD CYPRESS, 3 IN CAL 7.000 EA 491.00$ 1110 YUCCA GLORIOSA -SPANISH DAGGER, 3 GAL 467.000 EA 43.75$ 1115 LANDSCAPE MULCH 9,552.000 SY 9.30$ 1120 PLANT TOPSOIL 1,065.000 CY 70.75$ 1125 IRRIGATION SYSTEM 1.000 LS 241,300.00$ 1130 BRICK PAVERS 29,200.000 SF 24.75$ 1135 BRICK PAVERS RESET 1,000.000 SF 28.75$ 1136 STAMPED ASPHALT CROSSWALKS 8,800.000 SF 20.00$ 1140 BARRIER FENCE (ORANGE), 4 FT 2,500.000 LF 4.60$ 1145 MULCH 6.000 TN 1,720.00$ 1150 C&R INLET SEDIMENT TRAP - FILTER BLANKET 63.000 EA 464.00$ 1155 C&R INLET SEDIMENT TRAP - PIGS-N-BLANKET 151.000 EA 464.00$ 1160 MAINTENANCE OF TEMPORARY SILT FENCE, TP A 8,125.000 LF 0.13$ 1165 MAINTENANCE OF INLET SEDIMENT TRAP 214.000 EA 191.00$ 1170 TEMPORARY SILT FENCE, TYPE A 8,125.000 LF 4.10$ Telfair New Total = New Bid Total = Rev. Bid Total 500,000.00$ 71,110.00$ 124,500.00$ 1,227,160.00$ 61.00$ 156,750.00$ 36,562.50$ 28,050.00$ 46,750.00$ 291,900.00$ 14,400.00$ 81,000.00$ 310,500.00$ 43,762.50$ 15,300.00$ 11,900.00$ 76,500.00$ 7,883.75$ 57,600.00$ 4,560.00$ 106,250.00$ 2,947.50$ 5,403.75$ 64,464.00$ 113,750.00$ 12,672.00$ 5,292.00$ 30,500.00$ 19,300.00$ 5,290.00$ 37,730.00$ 19,080.00$ 11,680.00$ 5,840.00$ 216,240.00$ 7,512.00$ 46,720.00$ 6,260.00$ 11,220.00$ 37,446.75$ 334,800.00$ 101,800.00$ 4,648.00$ 5,133.00$ 130,350.00$ 227,000.00$ 11,040.00$ 318.00$ 1,150.00$ 6,678.00$ 4,600.00$ 35,100.00$ 2,180.00$ 2,180.00$ 2,212.00$ 222.00$ 888.00$ 498.00$ 664.00$ 9,235.25$ 8,830.80$ 3,260.00$ 3,260.00$ 2,160.00$ 1,918.20$ 690.00$ 931.50$ 1,552.50$ 12,250.00$ 15,150.00$ 3,030.00$ 1,550.00$ 10,100.00$ 76,000.00$ 6,300.00$ 14,700.00$ 11,760.00$ 535,410.00$ 258,333.50$ 21,800.00$ 3,350.00$ 6,700.00$ 153,246.60$ 23,300.00$ 10,978.15$ 1,120.00$ 468.00$ 180.00$ 6,817.50$ 3,031.50$ 4,970.00$ 7,011.00$ 5,433.75$ 4,124.25$ 82,800.00$ 7,440.00$ 10,436.25$ 15,810.00$ 18,395.00$ 137,400.00$ 498,750.00$ 139,000.00$ 1,800.00$ 1,720.00$ 13,456.00$ 9,280.00$ 442.00$ 9,359.00$ 13,940.00$ 6,932,289.50$ Rev. Bid Total 450,000.00$ 284,440.00$ 5,400.00$ 308,750.00$ 4,908,640.00$ 61.00$ 146,250.00$ 56,100.00$ 116,875.00$ 625,500.00$ 30,960.00$ 179,450.00$ 1,126,250.00$ 26,500.00$ 15,837.50$ 429,875.00$ 12,125.00$ 10,412.50$ 374,062.50$ 114,000.00$ 318,750.00$ 5,096.00$ 453,390.00$ 318,222.00$ 76,072.00$ 208,426.00$ 13,987.00$ 4,667.00$ 12,045.00$ 61,000.00$ 57,900.00$ 6,687.50$ 57,240.00$ 6,750.00$ 17,520.00$ 5,840.00$ 43,000.00$ 3,652.00$ 3,524.50$ 5,520.00$ 5,520.00$ 17,622.50$ 20,960.00$ 3,652.00$ 1,106.00$ 6,993.00$ 777.00$ 332.00$ 17,388.00$ 13,024.75$ 21,854.80$ 16,300.00$ 9,780.00$ 396.00$ 1,883.70$ 2,732.40$ 185,269.00$ 3,187.80$ 220.80$ 129,750.00$ 11,420.00$ 30,285.00$ 655,080.00$ 5,008.00$ 11,680.00$ 6,170.00$ 2,952.00$ 362,080.00$ 22,536.00$ 6,010.00$ 3,555.00$ 10,500.00$ 58,580.00$ 11,110.00$ 25,300.00$ 16,415.00$ 23,800.00$ 294,000.00$ 126,750.00$ 152,000.00$ 315,000.00$ 22,800.00$ 8,450.00$ 59,000.00$ 1,295,560.00$ 437,406.60$ 76,300.00$ 360,976.20$ 46,600.00$ 9,135.85$ 1,872.00$ 720.00$ 52,393.75$ 3,853.70$ 3,867.00$ 1,525.40$ 27,552.00$ 35,152.80$ 119,412.00$ 15,834.00$ 5,555.55$ 12,048.75$ 14,352.00$ 7,122.50$ 121,973.00$ 167,990.40$ 17,602.00$ 185,843.60$ 6,479.00$ 12,374.00$ 6,885.00$ 627.00$ 3,437.00$ 20,431.25$ 88,833.60$ 75,348.75$ 241,300.00$ 722,700.00$ 28,750.00$ 176,000.00$ 11,500.00$ 10,320.00$ 29,232.00$ 70,064.00$ 1,056.25$ 40,874.00$ 33,312.50$ 18,200,181.70$ 25,132,471.20$ Request for Proposals Request for Proposals will be received at this office until Tuesday, April 26, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 898 2743 3974; Passcode: 073264 for furnishing: RFP Item #22-195 13th Street Improvement Project and Telfair Street Improvement Project for Augusta, GA – Engineering Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). Plans and specifications for the project shall be obtained by all prime contractors, subcontractors, and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable are $175.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706-722-6488) beginning Thursday, March 17, 2022. Proponents are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Pre-Proposal Conference will be held on Monday, April 11, 2022 @ 10:00 a.m. Via Zoom – Meeting ID: 854 7321 9283; Passcode: 836698. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, April 12, 2022 @ 5:00 P.M. No RFP will be accepted by fax or email, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 10% Bid Bond is required. A 100% performance bond and a 100% payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 17, 24, 31, 2022 and April 7, 2022 Metro Courier March 17, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Addendum 1, 2 Original 7 Copies Fee Proposal Bid Bond Reeves Construction 1 Apac Industrial Way Augusta, GA 30907 YES 667047 YES YES YES YES YES YES JHC Corporation 15 Fresh Bru Dr. Newman, GA 30263 YES 413897 YES YES YES YES YES YES ER Snell Contractor Inc 1785 Oak Rd. Snellville, GA 30078 YES 22114 YES YES YES YES YES YES RFP Opening - RFP Item #22-195 13TH Street Improvement Project and Telfair Street Improvement for Augusta, GA – Engineering Department RFP Date: Thursday, May 19, 2022 @ 3:00 p.m. Total Number Specifications Mailed Out: 23 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 533 Georgia Procurement Registry: 1177 Total packages submitted: 3 Total Noncompliant: 1 Page 1 of 1 Reeves Construction 1 Apac Industrial Way Augusta, GA 30907 JHC Corporation 15 Fresh Bru Dr. Newman, GA 30263 ER Snell Contractor Inc 1785 Oak Rd. Snellville, GA 30078 Reeves Construction 1 Apac Industrial Way Augusta, GA 30907 JHC Corporation 15 Fresh Bru Dr. Newman, GA 30263 ER Snell Contractor Inc 1785 Oak Rd. Snellville, GA 30078 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS FAIL 2. Qualifications & Experience (0-5)20 5.0 2.5 5.0 100.0 50.0 100.0 3. Organization & Approach (0-5)10 5.0 2.5 5.0 50.0 25.0 50.0 4. Scope of Services Roadway construction, storm drainage construction, curb and gutter construction, sidewalk construction, traffic signal modifications and installation, street light installation on these corridors. The contractor shall be able to self- perform majority 50% of the required work. a. 13th Street Improvement Project b. Telfair Street Improvement Project (0-5)25 4.0 2.0 5.0 100.0 50.0 125.0 5. Schedule of Work (0-5)5 5.0 1.5 5.0 25.0 7.5 25.0 6. References (0-5)5 5.0 5.0 5.0 25.0 25.0 25.0 Within Richmond County 5 10 5 50.0 0.0 0.0 Within CSRA 5 6 0.0 0.0 0.0 Within Georgia 5 4 5 5 0.0 20.0 20.0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0.0 0.0 0.0 • All Others 5 1 0.0 0.0 0.0 29 18.5 30 350.0 177.5 345.0 8. Presentation by Team (0-5)10 0 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 0 Lowest Fees 5 10 5 0 0 50 Second 5 6 5 30 0 0 Third 5 4 0 0 0 Forth 5 2 0 0 0 Fifth 5 1 0 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5 0 5 30 0 50 34 18.5 30 380.0 177.5 395.0 Procurement DepartmentRepresentative:______Nancy Williams____________________________________ Procurement Department Completion Date: 8/15/22 Phase 2 (Option - Numbers 8 - 9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score Evaluator: Cumulative Date: 8/15/22 Cost/Fee Proposal Consideration10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Vendors Phase 1 RFP Opening - RFP Item #22-195 13TH Street Improvement Project and Telfair Street Improvement for Augusta, GA – Engineering Department RFP Evaluation Meeting: Thursday, June 9, 2022 @ 3:00 p.m. Weighted Scores 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. Augusta, Georgia is not restricted from using alternative procurement methods for 2 obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or 3 provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, 4 additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. Commission Meeting Agenda 12/6/2022 2:00 PM Telfair Street and 13th Street Improvements Projects RFP22-195 TIA Project Number: RC07-000148 / PI#0011409 and TIA Project Number: RC07-001223 / PI#0011424 RFP #22-195 Department:Engineering Department:Engineering Caption:Motion to approve award of Construction Contract to E R Snell Contactor, Inc. subject to Value Engineering and in the amount of $25,132,471.20 for Transportation Investment Act (TIA) Projects, Telfair Street & 13th Street Improvements Projects, subject to receipt of signed contract and proper bond. RFP 22-195 / requested by Engineering . (Approved by Engineering Services Committee November 29, 2022) Background:The Telfair Street and 13th Streets Improvements are projects from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. These are Band 3 projects. The improvements consist of improving roadway safety by resurfacing, reconstructing the existing curb and gutter, replacing sidewalks and improving the storm water system. The project will improve pedestrian safety at intersections with new high visibility crosswalks. New street landscaping and lighting will be provided, where possible, to enhance pedestrian use and improvement roadway aesthetics. Analysis:RFP’s were received on May 19, 2022 and were evaluated based on criteria outlined in RFP document. E.R. Snell Contractor, Inc. was the highest ranked proposer. The following contractors submitted proposals. 1. E R Snell Contractor, Inc. 2. Reeves Construction Co 3. JHC Corporation Financial Impact:Funds are available in Projects TIA Funds Alternatives:Do not approve and find alternative to complete the project and meet TIA project completion schedule. Recommendation:Approve award of Construction Contract to E R Snell Contactor, Inc. subject to Value Engineering and in the amount of $25,132,471.20 for Transportation Investment Act (TIA) Projects, Telfair Street & 13th Street Improvements Projects, subject to receipt of signed contract and proper bond. RFP 22-195 / requested by Engineering Funds are Available in the Following Accounts: ($18,200,181.70) 371-041110-54.14110 -T15040148 – Telfair Street Improvements (TIA Funds) ($6,932,289.50) 371-041110-54.14110 - T15041223 – 13th Street Improvements (TIA Funds) REVIEWED AND APPROVED BY: June 6, 2022 Tevia Brown Project Engineer Augusta Engineering Department 452 Walker Street, Suite 110 Augusta, Georgia 30901 VIA E-mail RE: Additional Services Fee Request 17-014 Augusta Intersections (PI 0012866, PI 0012867 and PI 0012868) Mrs. Brown: This letter is a request for additional fees associated with the Augusta Intersections projects. During the GDOT review of ROW cost estimates prepared by City of Augusta, recent changes in GDOT’s policy made it necessary to add a prequalified ROW Acquisition specialist to the Hussey Gay Bell Team (HGB) to perform the required ROW services for PI’s 0012866, PI 0012867 and PI 0012868. In addition, recent development projects along Barton Chapel Road also required the need for additional services by HGB. A brief narrative is detailed below outlining the reasons for this request. PI 0012866 & PI 0012867 An initial proposal was submitted on April 21, 2021 that was prepared by CHB Acquisition Services that did not include services for Appraisals and Cost-to-cure reports. The scope items for these services are included with this fee request, as well as services for coordination and additional project management associated with the duration of the ROW Acquisition and associated requests from the appraisal and cost- to-cure specialists. This work requires project management and coordination beyond the duration of the initial scope. PI 0012868 HGB was notified by Dr. Hameed Malik on June 17, 2021 of the construction of the Macarthur Park Apartments in the southeast quadrant of the PI 0012868 project currently under design by HGB. Additionally, HGB was also notified by Dr. Malik on June 21, 2021 of the development and construction of the Barton Chapel Road Apartment Complex located in the northwest quadrant of the PI 0012868 project. HGB immediately requested a meeting with Augusta Engineering to discuss next steps and the overall impacts these two development projects would have on the US 78/SR 10/Gordon Highway @ Barton Chapel Road Intersection Improvements project. We feel that we are in the later stages of the project coordination and design revisions caused by the two development projects and are prepared to present this request for additional services based on corridor redesign, H&H Report updates and redesign, right-of-way plan updates as well as project coordination. Although the impacts of the two developments have been ongoing, extending to not only final plan design updates but also ROW updates, HGB needs to request the additional fee at this point as the design budget is severely impacted. At the request of Augusta Engineering Department, Hussey Gay Bell requested fees from CHB Acquisition Services, LLC in Warrenton, Georgia for Appraisals and Cost-to-Cure reports. Below is a summary of the additional fees requested along with project management and coordination fees which include plan updates. PI 0012866 ROW Acquisition coordination and additional project management $18,500.00 PI 0012867 Cost-to-Cure Services $31,095.00 PI 0012867 Appraisal Services $53,250.00 PI 0012867 ROW Acquisition coordination & additional project management $18,500.00 PI 0012868 Corridor Redesign & H&H Report updates $49,257.50 PI 0012868 Projected Coordination $4,100.00 TOTAL ADDITIONAL FEE: $174,702.50 You can contact me with any questions or concerns at cparker@husseygaybell.com or at 770-476-7782. Sincerely, Clint V. Parker, PE, PMP Project Manager Hussey Gay Bell Cc: Dr. Hameed Malik, Phd, P.E., Augusta Engineering Department (SA02 – For changes greater than $25,000) November 2022 AUGUSTA, GEORGIA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, Hussey Gay Bell & DeYoung, entered into a contract with Augusta, Georgia on 10/17/2017, for Engineering Design Services for the Enhanced Operational Efficiency of Various Intersections Project, and WHEREAS, certain revisions to the design requested by Augusta, Georgia are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Engineering additional services and ROW-- to extend PE phase It is agreed that as a result of the above described modification the contract amount is increased by $174,702.50 from $1,590,401.46 to a new total of $1,765,106.96. Any modifications to submittal dates shall be as identified in the attached proposal. This Agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Hussey Gay Bell & DeYoung, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This _________ day of _____________, 2022. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA, GEORGIA HUSSEY GAY BELL & DEYOUNG Honorable Hardie Davis, Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta Richmond County Project Number(s): 340-041110- TP1807002 Supplemental Agreement Number: 4 Purchase Order Number: P350536; PI#0012867 Commission Meeting Agenda 12/6/2022 2:00 PM Transportation Improvement Program Projects Professional Services Enhance the Operational Efficiency of Various Intersections Project Numbers: PI 0012866, PI 0012867, PI 0012868 RFQ 17-127 Department:Engineering Department:Engineering Caption:Motion to approve Supplemental funding (SA#4) for continuity of Engineering Phase of Design Engineering Consultant Agreement to Hussey Gay Bell and DeYoung (HGB) in the amount of $174,702.50 for Augusta Engineering Transportation Improvement Program (TIP) Operational Efficiency of Various Intersections Project. Requested by Engineering. RFQ 17-127 (Approved by Engineering Services Committee November 29, 2022) Background:The Project is traffic flow operational efficiency of various intersections and listed in the Augusta Metropolitan Planning Organization (MPO) TIP. Project funding is federal funded cost sharing project. The purpose of this project is gaining operation efficiency by widening of the intersections to allow for left turn lane & other improvements. The project consists of Barton Chapel Road @ Gordon Hwy, Robert C Daniel @ Wheeler, and Wheeler Road I-20 to Augusta West Parkway Corridor. Preliminary design is competed and right of way acquisition is authorized in FY2022 (Federal fiscal year) and construction in FY2023 (Federal fiscal year). Final Design development and GDOT review yielded additional design and right of acquisition activities & services performed by HGB. Analysis:Advancement of design to final phase revealed additional appraisals and design services. Requested supplementing funds covers cost of this additional service. HGB team includes GDOT prequalified ROW Acquisition specialist and initial authorized ROW acquisition appraisal and cost estimating are in progress. Continuity of in progress work is critical to meet project let schedule as communicated to GDOT and FHWA. Financial Impact:Funds in the amount of $174,702.50 are available in Engineering SPLOST 8 -Traffic Operation Improvements. Alternatives:Do not approve and identify local funds to complete the project. Recommendation:Approve Supplemental funding (SA#4) for continuity of Engineering Phase of Design Engineering Consultant Agreement to Hussey Gay Bell and DeYoung (HGB) in the amount of $174,702.50 for Augusta Engineering Transportation Improvement Program (TIP) Operational Efficiency of Various Intersections Project. Requested by Engineering. RFQ 17-127. Funds are Available in the Following Accounts: ($174,702.50) 330041110-52.12115 – 222830904-52.12115 SPLOST 8 Funds (Traffic Operation Improvements) REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM (6) speed humps along Elders Drive Department: Department: Caption:Motion to approve the installation of six (6) speed humps along Elders Drive between Harper Franklin and Billie J Drive per Augusta speed hump adopted Policy. Also approve construction funds in amount of $30,000. (Requested by Engineering and Mayor Pro Tem Bobby Williams) Background:The residents of this area requested to go through the speed hump process. The speed survey showed that the majority of the vehicles traveling along this street were going 10 mph over the posted speed limit. Approximately 58% (34 of 59) of the property owners adjacent to Elders Drive signed the required petition. Only four (4) property owners reached out to say they did not want speed humps. The Augusta Engineering Department will install six (6) speed humps along Elders Drive per policy standards. Analysis:Based on the current cost of materials and labor, the cost to install one standard speed hump is between $4,000 and $5,000. Per the adopted speed hump policy, six (6) speed humps will be installed to calm traffic and reduce the overall vehicle speeds. Financial Impact:Adequate funds are available, and expenditures of this amount will leave enough funding in this account for other traffic calming projects throughout the year. Alternatives:Do not approve. Recommendation:Approve the installation of six (6) speed humps along Elders Drive between Harper Franklin and Billie J Drive per Augusta Speed humps adopted Policy. Also approve construction funds in amount of $30,000. Requested by Engineering Funds are Available in the Following Accounts: Traffic Funds 101041710-5319160 ($30,000.00) REVIEWED AND APPROVED BY: Commission Meeting Agenda Commission Chamber - llll5/2022 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Johnson, Garrett, Mason, B. Williams, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hon. Frantom, member of Augusta Richmond County Commission. INVOCATION: Reverend Dr. Eric Biddy, Rector Saint Paul's Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LINITED STATES OF AMERICA. Employee of Month A. Congratulations! Sean Morgan,lnformation Technology October Employee of the Month. I tenr.\nnror alSheet.html Motions Motion Motion Textr ype Made SecondedBv Bv Motion Result Item Action: None Item Action: None Presentation is made to Mr. Sean Morgan as the October Employee of the Month. Five (5) minute time limit per delesation DELEGATIONS B. Dr. Donna Marain regarding one-year following up on the Stepping Up initiative. l)r._l)onna \larain_-_l I -l 5-22.lrd f Itenr.{ pprolalShee t.htm I Motions Motion Type Motion Text Presentation is made by Dr. Marain. C. Public Art Update from the Greater Augusta Arts Council. Motion ResultMade By Seconded By I tenr.{pnrovalSheet. htmI Motions Motion Type Motion Text Update is given by Ms. Brenda Durant. D. Mr. Gus Gunderson regarding Storm Water Petition. SK\l (1658221 l02l2300.ndf I tem.\nnrovalShcct.hlml Motions Motion Type Motion Text Presentation is made by Mr. Gunderson. E. Mr. Bill Fennoy regarding the support of the renaming Bridge-Jefferson Davis Memorial Bridge Made By Seconded By Made By Seconded By Motion Result Motion Result Item Action: None Item Action: None Item Action: None Item Action: None Item Action: None of the sth Street Bridge to Freedom Made By seconded By f;Xil Presentation is made by Mr. Fennoy. F. Ms. Virginia Ruth McNeill reqesting reconsideration of Augusta Planning Commission regarding spot zoning of 3029 Cardinal Drive to a different zoning classification than all other properties on the street. I tem.\pnrovalShcct.html Motions Motion Type Motion Text I tem A np rova lShcet. h tm I Motions Motion Type Motion Text Presentation is made by Ms. McNeill. G. Mr. Dan Fursch regarding Flock Security Cameras. I tenrApnrovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Motion ResultMade By Seconded By H. Presentation is made by Mr. Funsch. Mr. Moses Todd, I Love Augusta regarding written public and constitution service budget. comment procedure, commissioners office, Motion Result Item Action: None Item Action: Approved Item Action: Approved CONSENT AGENDA (Items 1-20) PLANNING l. Z-22-46 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Winchester Homes of GA, on behalf of Ray Clyde and Susanmarie Harden - requesting a Rezoning from Zone R-l (One-family Residential) and Zone R-18 (One-family Residential) to Zone R-lE (One-family Residential) affecting properties containing approximately 20.23 acres located at 413,415,419, 421,425,427,429,433 and 435 Pleasant Home Road. Tax Map #016-0-048-03-0;016-0-048-02-0;016-0-047-00-0;016-0-046-00-0;016-0-045-00-0;016-0-045-01-0; 016-0-045-02-0; 016-0-044-00-0 and 016-0-043-00-0. DISTRICT 7 1. This development shall substantially conform to the concept plan filed with this application. 2. Sidewalks must be provided on both sides of all streets within the development and comply with ADA standards. Sidewalks shall be installed along Pleasant Home Road in front of the development. 3. The development shall have a minimum lot width of 25 feet, with 30 feet for end units and not exceed 133 single-family residential lots with a max of 72 attached units. 4. Developer must provide a minimum l0-foot electrical utility easement between buildings for installation of electrical meters. 5. A traffic signal with acceleration and deceleration lanes as required by the Augusta Traffic Engineering Department is going to be required and cost is to be determined.6. A minimum lO-foot undisturbed buffer along the side and rear property lines adjacent to single-family development must be installed and maintained. T. A minimum of 25 percent of the site shall be dedicated as open space, not including stormwater detention areas. 8. The development must conform with all applicable requirements of the Augusta Tree Ordinance. 9. All parking requirements shall be met. 10. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development I tcnrApprovalSheet.htnrl Motions Motion Type 7-22-16.orlf IlemAuurovalSheet.htnr I Motions Motion Type Motion Text Motion Text Presentation is made by Mr. Todd. Made By Seconded By Seconded ByMade By Motion Result Approve Motion to approve' commissioner Bobby williams commissioner Ben Hasan passesMotion Passes 9-0. Z4- A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Beazley Development Co. Inc on behalf of GA Baptist Children's Hbmes, Poplar Group, LLC and Michelle Atkins, Julie & Walter Golosky - requesting a rezoning from Zone A(Agricultural) and ZoneR-l (One-F?.!ly Residential) to Zone R-1D (One-Family Residentiat) affecting property containing approximately 201.59 acres located at 3630 Windsor Spring Road, 3047 ManchesteiDrive ind part of - D. 3596 Windsor Spring Road. Tax O-074-02-0. DISTRICT 6 Map #142-0-003-01-0,142-2-001-00-0 and a portion of Tax Map #142- 3. Z-22-59 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Jeffrey Knight, on behalf of Charles A. May - requesting a rezoning from Zone A (Agricultural) to Zone B-2 (General Business) affecting property containing approximately 3.45 acres of a 16.66-acre tract located 2955 Gordon Highway. Portion of Tax Map #078- 0-005-00-0. (Fort Gordon notified 91712022) DISTRICT 3 l. Improvements to the property for the proposed development shall include upgrading the parking to comply with Section 4 of the Comprehensive Zoning Ordinance requiring submittal for Site Plan approval in accordance with Site Plan Regulations amended June of 2013. 2. The development shall comply with all requirements as determined by traffic engineering for existing ingress/egress points during the site plan approval process. 3. Approval of the rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. Site plan approval in compliance with the Site Plan Regulations of Augusta, Georgia for the actual development is required prior to construction commencing on the property. 4. Development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, Georgia, at the time of development. 7,-22-51 .rtdf I temAprrrovalShrct.html Motions Motion Motion Textr ype Motion to approve the withdrawal of Approve this item without prejudice. Motion Passes 9-0. Z-22-59.odf ItemAnnrovalSheet.htm I Motions Motion^ """" Motion Textrype Commissioner Ben Commissioner Hasan Jordan Johnson Passes Made By Seconded By Seconded By Motion Result Motion Result Item Action: Approved Item Action: Approved Made By Approve Motion to approve. Voting No: Commissioner Commissioner Bobby Commissioner Brandon purr., John Clarke. Williams Garrett Motion Passes 8-1. 4. Z-22-60 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Opal Moon Markell - requesting a rezoning from Zone R-l (One-family Residential) and Zone R-MH (Manufactured Home Residential) to Zone R-MH (Manufactured Home Residential) affecting property containing approximately 0.79 acres located at 928 Hephzibah- McBean Road. Tax Map #354-0-005-0. DISTRICT 8 l. Any manufactured home placed on the site shall adhere to Augusta-Richmond County regulations for individual manufactured homes on individual lots, as set forth in the Comprehensive Zoning Ordinance, section2T'7. 7-22-(t0.tttlf ItcmAnrrror alShccl.html Motions Motion Motion Text'l'ype Motion to aPProYe. Votins No: CommissionerAPProve John 6larke. CommissionerBobby CommissionerBrandon passesWilliams Garrett Made By Seconded By Seconded By Commissioner Francine Scott Motion Result Motion Result Withdraws Motion Passes 8-1. 5. Z-22-63 - A request for concuffence with the Augusta Georgia Planning Commission to APPROVE with the conditions below a petition by Stratosphere Investments, LLC - requesting a rezoning from Zone R-l (One-family Residential) to Zone R-lA (One-family Residential) affecting property containing approximately 0.73 acres located at 3029 Cardinal Drive. Tax Map #043-l-104-00-0. DISTRICT 3 1. All lots created must have a minimum of 8Ofeet of road frontage. 2. A new survey reflecting the two new parcels must be approved and recorded prior to the demolition permit being issued. Z-22-(t3.od[ I temAnnrovalSheet.htrnl Item Action: Approved Item Action: Approved Motions Motion Type Defer Motions Motion Text Made By Motion to refer this item Commissioner Catherine back to committee. Smith-Mclfuight Motion Type Motion Text Made By Seconded u, [""rliil Approve Passes PUBLIC SERVICES 6. Motion to approve a request by Planning & Development to renew the existing Alcohol Licenses in the City of Augusta. There will be Sunday Sales, Dance, Arcades, Wholesalers, Alcohol Catering and an Adult Bookstore. (Approved by Public Services Commiffee November 8,2022) Alcohol_llenel'als 2023.udf Ilcnr.{rovalSheel.htmI il$:l'i:[:j';lr:" approve' commissioner Bobbv wilriams Motions f#:"' Motion rext Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Commissioner Bobby Commissioner Brandon John clarke. williams Garrett Passes Motion Passes 8-1. 7. Motion to approve by resolution the designation of one Sunday during the calendar year of 2023 that bars can be open as provided in the Augusta Alcohol Ordinance Section 6-2-77 (3a). Approve - Super Bowl Sunday February 12,2023.(Approved by Public Services Committee November 8,2022) Item Action: Approved Suncr Bou'l 2023.pdf I temApnrolalSheet.html Motions H:':"|l Motion Text Made By seconded By MotionrYPe - ---- -J Result Motion to approve.. Voting No: Commissioner Commissioner Bobby Commissioner Brandon ^Approve John clarke. williams Garrett Passes Motion Passes 8-1. 8. Motion to approve the purchase of Fixed Route Planning, Scheduling and Runcutting Software system Item for Augusta Transit (AT). The recommendation of award is for a one (l) year term with trr,,o (2) one (l) Action: year extension options. REF 22-168.(Approved by Public Services Committee November 8,2022) Approved RIil' 22-168 AD\Jo naner.rlocr 22-168 Offical l'ab Shcet.rls 22-168 (lomnliancc Rerieu.ndf 22-168 ('unrulatir c_Er aluation_Shcet.udf RFI'_22- I 68 -_Dena rtnrent_Reconrmendation.doc.ndf 22-168 Plan Iloldcrs.pdf FYI Process Reeuardins RFP undatcd 5-3-2l.docx I temAnnrovalS hcct. h tm I Motions Y:tl"' Motion Text Made By seconded By Motion f YPe ----- -r --------- -J Result Motion to approve.. Voting No: Commissioner Commissioner Bobby Commissioner Brandon purr",Approve John Clarke. williams Garrett Motion Passes 8-1. 9. Motion to approve the design for construction at Fleming Park and Bernie Ward Community Center. Item (Approved by Public Services Committee November 8,2022\ Action: Approved \lasler l'lan Board conrprcssed-l:leming Park.ndf I tcmAnnrovalSheet.html Motions Motion;-"-- Motion Text Made By Seconded By H:tjilI ype Motion to approve.. Voting No: Commissioner Commissioner Bobby Commissioner Brandon passesApprove John Clarke. williams Garrett Motion Passes 8-1. 10. Motion to approve an Ordinance amendment to adopt Georgia State minimum Standard Codes for ltem Tiny Houses; amending Ordinance No. 7840. (Approved by the Commission on November 1, 2022' Action: second reading) APProved Apncndix O l)raft Ordinancc.docr tinv housc aopendix.rrdf 2022-25- l0 ORD 78.10J'O_PER\ll'l'_l'lltl ('Or'.Sl'RI'(l'l'lON_AND_O(l(lltP.{'l'lON_OILI'lN\_llOtrSlr_\'ll,l.AGES.nrlf I tenrAnprovalSheet.htnr I Motions *j:' Motion rext Made By seconded By HtJiIr ype Motion to approve. ^ Voting No: Commissioner Commissioner Bobby Commissioner Brandon pu.r",Approve John Clarke. Williams Garrett Motion Passes 8-1. 11. Motion to approve authorizing the General Counsel and the Administrator to meet with the Sheriffs Item Department and report their findings in an updated report to the November 29,2022 meeting regarding Action: the presentation by Mr. J. R. Tregeagle of the Budgetel Inn & Suites regarding involuntary conversion of Approved hotels from an Innkeeper/Guest business relationship to that of Landlord/Tenant and discriminatory consequences. (Approved by Public Services Committee November 8r2022) .1. D. 'l'regcaelc.ndf ItenrAnpror alShcct.html Motions Hi:"" Motion rext Made By Seconded By fffilrype Motion to approve. ^ Voting No: Commissioner Commissioner Bobby Commissioner Brandon purr",Approve John Clarke. williams Garrett Motion Passes 8- l. ADMINISTRATIVE SERVICES 12. Motion to approve one (l) Rehabilitation Project in partnership with Butler's Home Improvement. Item (Approved by Administrative Services Committee November 8,2022\ Action: Approved Reh a bilitatio n_Con t rac t_l 0.1 9.2 02 2.docx Item..\nprovalSheet.htm I Motions *j:" Motion rext Made By seconded By fffilr ype Approve Motion to approve. Commissioner Bobby Commissioner Brandon Passes Voting No: Commissioner Williams Garrett John Clarke. Motion Passes 8-1. 13. Motion to approve Housing and Community Development Department's (HCD's) request to provide Item HOME funding to Sand Hills Urban Development (SHUD) to construct two (2) single family units. Action: (Approved by Administrative Services Committee November 8,2022) Approved SIItTD(2821 \\'heeler Road).doc SlillD(2lll4_llacklc Street).doc ItemApprovalSheel.html Motions Motion Motion Text Made By seconded By f;tjilI ype Motion to approve. . Voting No: Commissioner Commissioner Bobby Commissioner Brando, purr",Approve John Clarke. williams Garrett Motion Passes 8-1. 14. Motion to approve Housing and Community Development Department's (HCD's) request to transfer Item 2021 HOPWA funding from Community Development Improvement Corporation to CSRA Economic Action: Opportunity Authority to provide service to residents in Aiken/Edgefield Counties, South Approved Carolina. (Approved by Administrative Services Committee November 8,2022\ 202 I I IOP\\'Al'undinsAsreenrent(EOA).docx Communitv Develorrmenl and lmprovement (lorporation s Letter of Relcase.pdf ItemAonror alShect.htm I Motions X:t:' Motion Text Made By Seconded By f;tjilr ype Motion to approve.. Voting No: Commissioner Commissioner Bobby Commissioner Brandon pur...Approve John Clarke. williams Garrett Motion Passes 8-1. 15. Motion to approve a moratorium on select requests for personnel action, effective November 8, Item 2022. (Approved by Administrative Services Committee November 8,2022') Action: Approved I temApnrovalShect.html Motions X::" Motion Text Made By Seconded By f;tjilr ype Motion to delete this item from the agenda. r\^__:^^:^..^- D^LL.. r!^**:Delete voting No: commissioner $:il,ff:t"ner Bobbv S:#ffi'#;:* passes John Clarke. Motion Passes 8-1. 16. Motion to approve recommendation of Award for RFP 22-1550 Classification and Compensation Study to The Segal Company, Inc.(Approved by Administrative Services Committee November 8,2022) \lastcr ('onsultinc -\creement $ith Augusta (;corgia (6358211 22-1550 l\SLrR.\NCll REOIrlRlillliN'l'S.ndf 22-1550 RFI' Adlcrliscnrenl lirr PaDer.docx 22-1550 'l All.pdl 22-l 550 (lumulative.ndl' 22-1550 Dcnartmcnl Rccommcndation of .\$ard Ntcmo to Procurement Scgal.doc FYJ Prnccss Ilesuardine-Rlil'-undatcd-5-3-2l.docx 22-1550 Plan llolders.pdf I lcmApprovalS hee t. h t m I Seconded By Seconded By Motion Result Motion Result Item Action: Approved Item Action: Approved Motions Motion Type Approve Motions Motion Type Approve F'INANCE Motion Text Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Motion Text Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8- I . Made By Commissioner Bobby Williams Made By Commissioner Bobby Williams CommissionerBrandon purr., Garrett 17. Motion to approve and accept a grant award for the continuation of the Victims of Crime Act (VOCA) Grant with Base Award funding $89,326 and Comp Advocate funding $50,334 from the Criminal Justice Coordination Council of Georgia to provide services to crime victims for the period of October 1,2022, through September 30,2023, and authorize the Mayor to execute the necessary documents. (Approved by Public Safety Committee November 8,2022\ F\'2J \'O(lA and (IESF .\nnlication Amounls'ndf siened erant oronosal PIl000J9.l-202J.ndf 2lll2 Zll23 Base lludscl linal.rlsr 2022_2023 (lomp-lludect final.rlsx I tenrAuprovalShect. htnrl CommissionerBrando, purra, Garrett 18. Motion to approve drafting a resolution Committee November 9, 2022\ in support of a Fund Balance Policy. (Approved by Finance Item Action: Approved Itcnr,\pnror alSheet.html Motions Motion Motion Text Made By seconded By f""rXi|r ype Motion to approve. Approve yr"rl'3,)3;commissioner $:il,H'jt"ner Bobbv lomllssloner Brandon purr., Motion Passes 8-1. 19. Motion to approve additional funding to open Advance Voting sites early. (Approved by Finance ItemCommittee November 8,2022) Action: Approved ItemAnnrovalShecl.htmI Motions Motion Motion Text Made By seconded By f"".ri|r ype Motion to approve.. Voting No: Commissioner Commissioner Bobby Commissioner Brandon purr.,Approve John Clarke. williams Garrett Motion Passes 8-1. PETITIONS AND COMMUNICATIONS 20. Motion to approve minutes of the Regular Meeting held November l, 2022 and the Special Called Item Meeting held November 8,2022. Action: Approved Regular ('ommission \lceting November I 2022.ndf Itemilnnror alShcct.html Motions Motion Motion Text Made By seconded By f;lilrype Motion to approve.. Voting No: Commissioner Commissioner Bobby Commissioner Brandon pu.r",Approve John Clarke. williams Garrett Motion Passes 8-1. ****END CONSENT AGENDA**** AUGUSTA COMMISSION lUt5t2022 AUGUSTA COMMISSION REGULAR AGENDA tlns/2022 (Items 2l-25) PUBLIC SERVICES 21. Greater Augusta Arts Council regarding a review and decision relative to the unpurchased sculptures ltem from the current Augusta Sculpture Trail to purchase for the City of Augusta. (No recommendation Action: from the Public Services Committee November 812022') Approved ItcmApprovalShcct.htnrI Motions Motion Type Motion to approve the Approve purchase of Sun Lion. Motion Passes 9-0. CommissionerCatherine passes Smith-McKnight Motion Text Made By Commissioner Brandon Garrett Seconded By Motion Result ENGINEERING SERVICES 22. Motion to approve the naming of the 5th Street decommissioned bridge Freedom Bridge and removing the name of Jefferson Davis on the bridge (Approved by the Engineering Services Committee October 26,2022 and deferred from the November 1, 2022 Commission Meeting) Item Action: Approved Motion to approve the naming of the 5th Street Bridge as the Freedom Bridge and removing the plaques and the name of Jefferson Davis on. the bridse with the items to be donated to a CommissionerAODTOVC- 'rr'- ' - museum. Ben Hasan Voting No: Commissioner John Clarke, Commissioner Catherine Smith-McKnight. Motion Passes 7-2. 23. Resolution to approve FY 2023 budget for Augusta Georgia budsct resolulion -2(l23.ndf Item,\uoror alShcet.html ItemAnnror alShcet.html Motions Motion Motion Textr ype seconded By f"".t# Commissioner Alvin Mason Passes Made By Made By Commissioner Bobby Williams Item Action: Approved Motions Motion Type Approve Motion Text Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Brandon passes Garrett Seconded By Motion Result ADDENDUM 24. Motion to approve going into an Executive Session to discuss pending and potential litigation, ItenrAtlprolalSheet.htnr I Motions Motion Motion Textrype Motion to approve going into an ^ executive session for the discussion ofADDTOVE' -rr'- ' - pending or potential litigation. Motion Passes 9-0. Made By Commissioner Ben Hasan Seconded By Commissioner Catherine Smith- McKnight Made SecondedBv Bv Motion Result Passes Motion Result Item Action: Approved Item Action: Approved 25. Motion to approve Georgia Power Easement, Augusta Regional Airport (AGS) Consolidated Car Rental Item Facility. Approved by the Augusta Aviation Commission on October 26,2022. (Requested by Mayor Action: Pro Tem Bobby Williams) Approved I temApprovalSheet.htm I Motions Motion Type Motions Motion Type Approve Motion Text It was the consensus of the Commission that this item be added to the agenda without objection. Motion Text Motion to approve. Motion Passes 9-0. Made By Commissioner Catherine Smith- McKnight Seconded By Commissioner Bobby Williams Motion Result Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 26. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Motions Motion Type Approve Motion Text Motion to approve executing the closed meeting affidavit. Motion Passes 9-0. Made By Commissioner Ben Hasan CommissionerBobby passesWilliams Seconded By Motion Result CALLED MEETING COMMISSION CHAMBER November 29,2022 Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, November 29, 2022, the Honorable B. Williams, Mayor Pro Tem, presiding. PRESENT: Hons. Johnson, Garrett, Frantom, B. Williams, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. ABSENT: Hons. Hardie Davis, Jr., Mayor; Mason, member of Augusta Richmond County Commission. The Mayor Pro Tem called the meeting to order. I. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: I would request a motion to go into an executive session for the discussion of pending and potential litigation, real estate and personnel. Mr. Johnson: So moved. Mr. Hasan: Second. Mr. D. Williams votes No. Ms. McKnight and Mr. Clarke out. Motion carries 7-1. IEXECUTTVE SESSTONI 2, Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. B. Williams: Good aftemoon, everyone. Are you ready, Madam Administrator? Ms. Douse: Yes. Mr. B. Williams: Mr. Attorney? Mr. Brown: Yes, sir. Mr. B. Williams: Ms. Bonner? The Clerk: Yes, sir. Mr. Brown: Yes, sir, Mayor Pro Tem, Commissioners. We'd ask for you to approve a motion to execute the closed meeting affidavit. Mr. Garrett: So moved. Mr. Frantom: Second. Mr. B. Williams: We're voting. Ms. McKnight and Mr. Clarke out. Motion carries 7-0. Mr. B. Williams: Mr. Attorney. Mr. Brown: Thank you, Mayor Pro Tem. We request a motion to approve the exchange of County owned land situated at the southwest right-of-way intersection of the south side of Telfair Street and the west side of James Brown Blvd., said parcel of land located at 928 Telfair Street containing approximately .03 acres of land at the appraised value of $31.00 per square foot for a parcel of land containing approximately equal acreage and (inaudible) landowner and we request that the motion include the obligation to advertise the notice of the proposed exchange in the county organ once a week for four weeks and to transfer the remnant of land owned by the County containing approximately .08 acres of land to the Augusta, Georgia Land Bank with the condition that any such net proceeds derived from the sale of said remnant of land be returned to Augusta and placed in the Fire fund account and to authorize the Mayor and the Clerk of Commission to execute the necessary closing documents under the guidance of Augusta Law Department. Ms. McKnight: Motion to approve. Ms. Scott: Second. Mr. B. Williams: Got a motion and a second, Ms. Bonner. The Clerk: Yes, sir. Mr. B. Williams: Ready? Voting. Mr. Clarke out. Motion carries 8-0. Mr. B. Williams: Mr. Attorney. Mr. Brown: Thank you, Mayor Pro Tem. We request a motion - real property located at and commonly known as 138 Gin llouse Street, Blythe, Georgia, Map and Parcel Number to an as is condition to the City of Blythe, Georgia and to authorize the Mayor and the Clerk of Commission to execute the necessary closing documents under the guidance of the Augusta Law Department. Mr. Garreff: So moved. Mr. Hasan: Second. Ms. McKnight: Second. The Clerk: We have Mr. Garrett and Mr. Hasan. Mr. B. Williams: Voting. Motion carries 9-0. Mr. Brown: There are no further motions, Mayor Pro Tem. Mr. B. Williams: No further motions. Anything else before we go to committees? You good, Madam Administrator? You're good? All right, committees. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certifu that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on November 29,2022. Clerk of Commission Commission Meeting Agenda 12/6/2022 2:00 PM Minutes Commission Regular and Special Called Mtgs. Department:Office of the Clerk of Commisson Department:Office of the Clerk of Commisson Caption:Motion to approve minutes of the Regular Meeting held November 15, 2022 and the Special Called Meeting held November 29, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Maggie Deloach Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve the appointment of Ms. Maggie Deloach to the Augusta Historic Preservation Commission representing District 7. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: 36 City of shall receive % City of shall receive % City of shall receive % County of shall receive % This certificate shall continue in effect until such time as a new certificate shall be executed as provided in said Act. By executing this schedule, the county and cities, acting through their respective officers, represent that all municipalities lying wholly or partly in the tax jurisdiction have been given an opportunity to show that they are ‘qualified municipalities,’ as that term is used in the Act, and that all municipalities listed herein as recipients are ‘qualified’ and so may receive distribution from the proceeds of the tax. Executed on behalf of the governing authorities of the qualifying municipalities representing not less than a majority of the aggregate population of all qualifying municipalities located within the special district and the governing authority of the county, this day of 2022 . MAYOR OF THE CITY OF _ __ MAYOR OF THE CITY OF _ __ MAYOR OF THE CONSOLIDATED GOVERNMENT OF CERTIFICATE OF DISTRIBUTION TO: State Revenue Commissioner Pursuant to an Act of the Georgia General Assembly, effective January 1, 1980, relating to Local Sales & Use Taxes, the governing authorities for the qualifying municipalities and the county located within the special district coterminous with the boundaries of Richmond County hereby certify that the proceeds of the Joint County and Municipal Sales and Use tax generated in such district shall be distributed by the State Revenue Commissioner: Augusta -Richmond County Urban Service District Blythe Hephzibah 14.14 .35 1.90 83.61Augusta Richmond CountySuburban Service District Blythe Hephzibah Augusta Richmond County Commission Meeting Agenda 12/6/2022 2:00 PM Certificate of Distribution for Local Option Sales Tax Department:Legal / Finance Department:Legal / Finance Caption:Motion to approve Certificate of Distribution for Local Option Sales Tax. (Requested by the Administrator) Background:Approve new Certificate of Distribution of Local Option Sales Tax between Augusta, Georgia, Hephzibah Georgia and Blythe, Georgia. Analysis:The Mayors of Augusta, Blythe and Hephzibah entered into negotiations and have reached consensus regarding the distribution of Local Option Sales Tax (LOST). Financial Impact:There is a slight change in the distribution percentage which should have minimal impact. Alternatives:Do not approve negotiated Certificate of Distribution and restart negotiations with Hephzibah and Blythe. Recommendation:Approve new Certificate of Distribution of Local Option Sales Tax between Augusta, Georgia, Hephzibah Georgia and Blythe, Georgia. Funds are Available in the Following Accounts: This agenda items affects only revenue. REVIEWED AND APPROVED BY: ORDINANCE NO. AN ORDINANCE TO AMEND TITLE 6, CHAPTER 1 AND TITLE 8, APPBNDIX B, SECTION 28C OF THE AUGUSTA, GEORGIA CODE; AND FOR OTHER PRUPOSES WHEREAS, the Augusta-Richmond County Commission adopts herein by reference those matters referred to in Ordinance No. 6607, Section 6- I - 1 , related studies and experiences, and the minutes and exhibits of the Augusta-Richmond County Commission where Ordinance No. 6607 was debated, discussed, and adopted; WHEREAS, it is the intent of the Augusta-Richmond County Commission, by and through this Ordinance and the accompanying amendments, to deregulate such rules and regulations covered by this Chapter, and any interpretation of this Ordinance should be done with the express understanding that all amendments encompassed in this Ordinance are aimed to be less restrictive than those encompassed in Ordinance No. 6607; BE IT ORDAINED by the Augusta-Richmond County Commission, and it is hereby ordained by authority of the same as follows: SECTION 1. AucusrA, Ga coor, Title 6, Section 6-l-3.,Erotic dance establishment regulations." is hereby amended by striking subsection "(i),,in its entirety. SECTION 2. AucusrA, Ga coos, Title 6, Section 6-l-3.,Erotic dance establishment regulations." is hereby amended by striking from subsection .,g,, thefollowing language as indicated: "any portion of the female breast below theiop ofthe areola or". SECTION 3. AucusrA, Ga coop, Title 6, Section 6-l-3.,Erotic dance establishment regulations." is hereby amended by striking from and inserting in subsection "(l)" the language as indicated: All platform dancing will be performed on peffian€nt securedplatforms@, and will be in plain view of tn" ..rti.. audience- xepriva+eo+ "oene on one" dances shall be allowed in plain SECTION 4. AucusrA, Ga coop, Title 6, Section 6-1-3 .,Erotic danceestablishment regulations." is hereby amended by striking subsection,.(m),, in itsentirety. SECTION 5. AucusrA, Ga cooB, Title 6, Section 6-l-3 "Erotic dance establishment regulations." is hereby amended by striking from and inserting in subsection "(n)" the language as indicated: patr€n and Nno patron shall fondle or caress any dancer, or use any clothing or inanimate object to do such. SECTION 6. AucusrA, Ga coop, Title 6, section 6-l-3.,Erotic dance establishment regulations." is hereby amended by striking subsection ,,(o),, in its entirety. SECTION 7. AucusrA, Ga coor, Title 6, Section 6-l-3.,Erotic dance establishment regulations." is hereby amended by striking subsection ,,(p),, in itsentirety. SECTION 8. AucusrA, Ga coos, Title 6, Section 6-l-g.,Location.,,is herebyamended by striking subsection ..(a)(8),, in its entirety. SECTION 9. AucusrA, Ga coor, Title 6, Section 6-l-9,.Location.,, is herebyamended by striking in subsection "(aXl lXa)" the number "l000" and inserting the number "500". SECTION 10. Aucusra, Ga Coor, Title 6, Section 6-l-9 "Location.', is herebyamended by striking in subsection "(aX1 lXb)" the numb er "2000', and insertingthe number "1000". SECTION 11. AucusrA, GA cooE, Title 6, Section 6-l-g,,Location.,, is herebyamended by striking in subsection "(aX1 lXc)" the number "1000" and insertinjthe number "500". SBCTION 12. Aucusre, Ga cooE, Titre 6, Section 6-r-g,,Location.', is herebyamended by striking from and inserting in subsection ,.(c),, the language asindicated: For purposes of subsection(a)(10) of this section, the distance betweenaly two sexually oriented businesses shall be measured i+-rstraEhtLinealory---e4sting right-of-wrv.r+ithouf regnrd + i,aran,*i-^ SECTION 13- Aucusre, Ga cooe, Title 6, Section 6-r-9,.Location.,, is herebyamended by striking in subsection "(d)" the number "l000" and inserting thenumber "500". SECTION 14- Aucusra, Ga Coor, Title 8, Appendix B, "Comprehensive Zoningordinance of Augusta, Georgia" Section 2gc 'Adrlt Entertainment,,, 2g-c-3"Location." is hereby amended by striking subsection ,.(a)(g),'. SECTION 15. Aucusre, Ga coor, Title g, Appendix B, ,.comprehensive Zoning ordinance of Augusta, Georgia" Section)sc "Adult Entirtainment,,,2g-c-3 "Location." is hereby amended by striking subsection..(a)(10),,. SECTION 16. Aucusra, Ga Coon, Title 8, Appendix B, "Comprehensive Zoningordinance of Augusta, Georgia" Section 2gc 'Adrlt Entertainmlnt,,, 2g-c-3"Location." is hereby amended by striking in subsection ..(a)(l l Xa),, the number"1000" and inserting the number,.500',. SECTION 17. Aucusra, Ga coop, Title g, Appendix B, .,comprehensive zoningordinance of Augusta, Georgia" section 2gc .Adult Entertainment,,, 2g-c-3"Location." is hereby amended by striking in subsection ..(a)(l l)(c);,the number"1000" and inserting the number..500,,. SECTION 18. Aucusre, Ga coos, Title g, Appendix B, .,comprehensive Zoningordinance of Augusta, Georgia" Section 2gc'Adult Enterlainmlnt,,, 2g-c-3"Location." is hereby amended by striking in subsection .,(b),,. SECTION 19. Aucusra, Ga coop, Title g, Appendix B, ..comprehensive zoningordinance of Augusta, Georgia" Section 2gc'Adrlt Entertainmlnt,,, 2g-c-3"Location." is hereby amended by striking from and inserting in subsection ..(d),, the following language as indicated: For purposes of subsection (c)(10) of this section, the distance betweenany two sexually oriented business shall be measured in a straight linethe road frontape.+rri SBCTION 20. Aucusra, Ga coop, Titre g, Appendix B, ,.comprehensive Zoningordinance of Augusta, Georgia" Sectio n 2gc. Adrlt Entertainmlnt,,, 2g_c_3"Location." is hereby amended by striking in subsection ..(e),, the followinglanguage: "If two or more sexually oriented businesses are within 1,000 feet of oneanother and otherw,-r! in a permissible location, the sexually oriented businesswhich was first established and continually opeiating at a particular location is theconforming use and the later established business is nonconforming.,, SECTION 21. Aucusra, GA coon, Title 6, Section 6-l-g.,Location.,,, AucusrA,Ga coo', Title 6, Section 6-l-g "Location.';, and Aucusre, Ga coor, Title g,Appendix B, "comprehensive zoningordinance of Augusta, Georgia,, Section 28C "Adult Entertainment," 28-C-3 "Location." is hereby amended by re- numbering and re-lettering incorporated subsections as to describe consecutive successive subsections as a result of the amendments incorporated in this Ordinance, and to amend any cross-references to be in harmony therewith within the Code. SECTION 22. This ordinance shall become effective upon adoption. SECTION 23. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 24. Should any section, provision, or clause of any part of this Ordinance be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set for circumstances be declared invalid or unconstitutional, such invalidity shall not be construed as to affect portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent of this Ordinance would have been adopted had such invalid portion not been included herein. PASSED, ADOPTED, SIGNED, APPROVED AND BFFECTIVE this day of_ ,2023. (sEAL) AUGUSTA, GEORGIA By: Garnett Johnson Mayor Clerk of Commission STATE OF GEORGIA RICHMOND COUNTY FIRST READING Attest: SECOND READING CLERK'S CERTIFICATE I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFy thatthe foregoing pages constitute a true and correct copy of an ordinance adopted bythe Augusta-Richmond County Commission ("the Commission") at anopen publicmeeting duly called and lawfully assemble d at 2:00 p.M., on the day of , 2022, in connection with the foregoing ordin ance, that such ordinancehas not been modified or rescinded as of the date hereof, and the original of suchordinance being duly recorded in the Minute Book of the Commiision, whichMinute Book is in my custody and control. I do hereby CERTIFY that there was a quorum of the Commissioners present .at such meeting, and that such ordinance was duly adopted by the pursuant to theconstituting and governing laws of the Augusta-nithmond County iommission. Witness my hand and the official seal of Augusta, Georgia this 2023.day of (sEAL) Lena J. Bonner Clerk of Commission Should be: {i}ld---no dancer shall platform nrithout first As Presented: leave Futting that on Cee- net exps-e te view any Fertier ef clothing that does not expose to view any pofiion ofthe pubic hair, anu5, cleft of the E€n+ta*r buttocks, vulva, or genitals. Commission Meeting Agenda 12/6/2022 2:00 PM Adult Entertainment Ordinance Department: Department: Caption:Motion to approve the revised ordinance amending the following code section in association with agenda item no. 2: change noted on the last page. (Requested by the Planning & Development Department) An Ordinance to amend Title 6, Chapter 1 and Title 8, Appendix B, Section 28C of the Augusta, Georgia Code; and for other purposes. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: J TALENT BANK TNFORMATION QUESTIONNAIRE To be compleled by persons desiring to volunteer thair services on tLre CSRA Economic Qpportunitv - Authority, Board or Commission for A@[. NOTE: Any information entared on this questionnaire would become public informa0on upon 1,our appointrnenL Date Ll I 2l lo5 1. Name Augustus C. Thurmond Home phone 706-738-6425 Bus. phone nla 2. aa6rs55 2227 Raleieh Dr. _. Bi_chglold _. . 9e_orgia _ 30904$treat County State Ap 3. Date of Bnth 12/4/34 Sex: Male X Female 4. Registered Voter:Yes X 5. Votlng Disria 5 No 6. MartialStatus: Single_ 7, Education: High School Manied X Separated_ Engaged_ Divorced graduated 66116n" Morris Brown, South Carolina-State, North Carolina State 8. RalaWes working lor the CiW or Countr none 9. Occupation Retired E{qc=qtor 10. Race: White Alrican-Amorican X Asian American Spanistr SuffirsU Arnerica;lndE;-Other 1 1. LiEt Boards you pnesently serve on: 1.Alpha Chi Lamba Ch of Alpha Phi AlpLE,...Trustee of Bethel_A..M..,I_*Church, Z. District Conference of Sons of A11en, Menrs Ministry A.M.E. Church, - 12. List any area in which you have a particular interast or oxpertise. l.P.."onr,g] -.. .. _ -- _ ,. Planning a. Grievance g2/ta/2gag 17i27 7o6722a565 . PAGE A5/A6A[acnmenl numDer 4 Page 1 of 1 CSRA EOA TALENT BANK INFORMATION QUESTIONANAIRE Io h cornpleted by persons desiring to volunteer lheir services of the csRA EconomicOpportunity Authority, lnc. Board of Directors NOTE: Any information enlered on this questionnaire would beqpme public information uponyour appointment. Date Decernber 22, 2008 1. NameJ_UlaleUeg HomePhone 706-373€&t6 Busphone 70sg26-1108 2- Address 2009 Aufumn Chose. Auousta. GA 30907 3. Date of Birth Sex M _ F X 4. Registered Voter yes X No _ 5. Voting District ! 6. Marital Status Singte _ Marrbd X Separated _ Engaged _ Divoree6 _ 7. Education High School College 8. Relatives working for the City or County 9. Occupation 10. Race White _ Aftican-American X Asian American _ Spanish Surnamed _ American lndian _ Other 11- List Boards you presenfly serve on United Way of the CSRA '12, List eny area in which you have a parbcular inierest or expertise 7 7t/\B/2aa3 t3:24 7o6-721-774a RICHMDND CU' ' Nov, ,18 eO03 1 : 32PH cLERK 0F COi,ll1, 1^ Nama Dr. Home Phone 716-\77 (t Bus. Phone DI- U5 ?oa e21 1938 t'AlrL O'/. ,P,1 i.4 t TALENT BANK INFORMATION OUESTIONNAIRE To be completed by persons desiring to volunteer frcir services on the R{ nhrnoq4 county neBjnrtme,te€ l'e*lly & ChrJ,dres ssvAuthorily, Boardorcornmisslontor nu@ -,--- NorE; Any irrformatlon Bntersd on his questionnaire would become public inforrnation upon yourappointrnenl. Dale I I-18-03 2' Addrss ?3/^0 llhriler Reec llcr.-^e.i e4-:ffi-----------eo-ffiry a 4. E 6. 7,. Date ol Birth Reglstered Voter: Yes X Sex: Mala Female v.+ No Slngle_ Manied Separated Engaged_ Hlgh School r Colloge B Rctarivee working ro, rnJdi$ 3fuT,i,ifl1lj_t Georsia g. Occupatlon 10. Racs: lVhhe Alrrcan-Arnericqn x Aslan AmencanSpantEEEffiredAmerlcan lndian Olher 1 1. LiBt Boards you preeently serve on: .t . Advtreory Comr{ttee Rlchnond Co. Boerd of Educat lon 2. Centra_l Savannah _R:!ver Area , EOA. Inc 12. Lrst any E'"a ltr which you harc a particular interast or expertise. 1. ] T-{IE*\IT BAIYK INTO R}L|IION Q UESTIO r'fN AIRE jg.hEcouniered cv aeisos-s c-i-nq 'o .'^irrrt- trclr ssrn-- T.'tE----. ' . -- . -- -, -* - ;br-r-ugr:sia- ijemsaq Cognry. NOTI: Any inforaarioE euter€d ou this qucstiouaaire would bccoEc public iulbrrnarion uPotr your appoiarueut: -- .. Uale l. z. J. I 5 A i Iiome P\one -&idress Date oitsir'r. Reglsrce<i l/cte- r/cclg Disc.c: llartiai Stan:s: Eiucasou: a$sPborc EEnkZ Sec Male Divorc=i 7e- ?:srue ,Y Separued 8. 9. l0 l1 L -_ ho"a) @et hpo-eeTrl-Hli Asraa.lmencan Soausir Suraamec,Ams:can Inciian List anv ,tree 5 '.vit1c!, ,,'ou iave r oamcular lrltGst or::oqdse. Cther ,fu7 7rrEgl1 Schooi ',-ou crese::dv sr;e c!.: of Commission Commission, Authorities, & Boards Talent Bank Application Title First Name* Middle Name* Last Name* Suffix Date Of Birth* Address * Home Phone* Work Phone Registered Voter* Marital Status * Education * -*Kace Gender* Occupation * lnterests Commissions, Authorities, & Boards Ms. Keona Patrice Tucker 8121t1981 Slreet Address 3556 CraMordville Dr Address Line 2 City Augusta Postal / Zip Code 30909 706-61 9-6372 District 1 ' District 3 . District 5. District 7 None Single Master's Degree Black Female Educator CSRA Economic Opportunity Authority, lnc. Click add below to apply tor more than one board Stale i Province / Region Ga Country USA District 2 District 4 District 6 District I Volunteer For* I curenlly have relatives working for the City of Augusta Yes : No I curently serve on an Augusta Board, Commission. or Authority Yes ,i , No lwould like to receive an email contirmation of my submission. Yes tuckerarj@gmail.com Commission Meeting Agenda 12/6/2022 2:00 PM Appointments to CSRA Economic Opportunity Department: Department: Caption:Motion to approve the reappointments and appointment of the following to the CSRA Economic Opportunity: Augustus Thurmond, Brenda Bonner, Dr. Louise Rice, Linda LaMarr and Keona Tucker. (Requested by Mayor Pro Tem Bobby Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/6/2022 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: