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Home My WebLink About2019-09-03 Meeting MinutesCommission Meeting Agenda Commission Chamber - 9/3/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Willliams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend Linda Birchall Pastor St. Mark United Methodist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Years of Service A. Congratulations! AugustYears of Service Recipients. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Recognition of August Years of Service Recipients. Five (5) minute time limit per delegation DELEGATIONS B. Mr. Brian Green - Our City-Image and Downtown safety issues.Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Mr. Green was not in attendance at the meeting. CONSENT AGENDA (Items 1-23) PUBLIC SERVICES 1. Motion to approve an ordinance to correct a clerical error and amend Augusta, Georgia Code Section 6-6-45 License to Operate Arcades so as to define ‘Arcade’ as it was adopted by the Augusta Commission on February 15, 2011, under Ordinance No. 7232; and waive the second reading. (Approved by Public Services Committee August 27, 2019) Item Action: Approved ARCADE_ORDINANCE__AMENDMENT_20190808.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 2. Motion to approve FAA AIP Grant 3-13-001-043-2019. (Approved by Public Services Committee August 27, 2019) Item Action: Approved FAA_Grant_043-_2019.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 3. Motion to approve having the next Gateway Sculpture placed at the gateway at Sand Bar Ferry Road with the exact location to be defined. (Approved by Public Services Committee August 27, 2019) Item Action: Approved DRAFT_190610_MOU_Gateway_Sculpture.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to suspend all action on the gateway sculptures for 30 days and have additional discussion regarding the selection of the sculptures. Mr. Fennoy abstains. Voting No: Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Passes 7-2 -1. Commissioner Marion Williams Commissioner Bobby Williams Passes 4. Motion to extend the Lease of the New Savannah Bluff Lock and Dam Park with the United States Army. (Approved by Public Services Committee August 27, 2019) Item Action: Approved DACW21-1-19-0028_Transmittle_ltr.pdf DACW21-1-19-0028_Lease.pdf DACW21-1-19-0028_Exhibit_A.PDF DACW21-1-19-0028_Exhibit_B.PDF DACW21-1-19-0028_Exhibit_D.PDF DACW21-1-19-0028_Exhibit_C-edited-compressed.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 5. Motion to approve the Second Amendment to the Hall Marketing Contract for a 60 day extension. (Approved by Public Services Committee August 27, 2019) Item Action: Approved signed_second_agreement_Hall_Marketing.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with approval of the signature by Augusta, Georgia. Mr. M. Williams not voting. Voting No: Commissioner Brandon Garrett. Motion Passes 8-1. Commissioner Ben Hasan Commissioner Mary Davis Passes ADMINISTRATIVE SERVICES 6. Motion to approve Utilities Department-Construction Division request to purchase of two replacement Dome Style Service Trucks at a cost of $72,932 each for a total of $145,864. Wade Ford - Bid Item 19-237 (Approved by Administrative Services Committee August 27, 2019) Item Action: Approved Copy_of_Tab_Sheet_19-237_(AUD_Dome_Style_Truck_Agenda).xlsx Eval_-_208034_-_Utilities-Const.pdf Eval_-_F02059_-_Utilities-Const.pdf 19-237_ITB_-_SENT_TO_PAPER.pdf 19-237_TAB.pdf 19-237_Department_Recommendaton_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 7. Motion to approve 2019 and 2020 Complete Count Census Budget in the respective amounts of $30,000 and $45,000.(Approved by Administrative Services Committee August 28, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with either the Commissioner or his designee serving on the committee. Motion Passes 10-0. Commissioner Ben Hasan Commissioner John Clarke Passes 8. Motion to approve tasking the Administrator with setting up a meeting with Mr. Welcher, The Land Bank Authority and anyone working with economic development to meet and consider holding a workshop to discuss the lack of economic growth in the underserved areas of Augusta e.g. the James Brown Heritage Trail and James Brown Trace. (Approved by Administrative Services Committee) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve having the CVB take the lead in this initiative. Commissioner Sammie Sias Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to allow the CVB to serve as the lead team in this initiative with an Commissioner Ben Hasan Commissioner Sammie Sias Passes action plan being developed in 120 days and with Commission updates every 30 days. Voting No: Commissioner John Clarke, Commissioner Brandon Garrett, Commissioner Bobby Williams. Motion Passes 7-3. PUBLIC SAFETY 9. Motion to approve Resolution final adoption pursuant to the Home Rule Provisions of the Georgia Constitution amending the fee schedule for service of process in the Civil Court and Magistrate Court of Augusta-Richmond County, Georgia. (Approved by the Commission May 7, 2019- second reading) Item Action: Approved Resolution_Marshal_Fee_Change_June_Final_(002).pdf SKM_C65819082912150.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 10. Motion to approve the award of RFP 19-298 Fire Station Alerting System to Purvis Systems Incorporated for a total contract price of $1,099,830 and to authorize the Mayor to execute the appropriate documents.(Approved by Public Safety Committee August 27, 2019) Item Action: Approved RFP_18-298_Fire_Alerting_System_Contract.pdf SGM_Printer19081417120.pdf 18-298_Correction__Sent_to_Paper.pdf 18-298_Official_Tab.pdf Cumulative_Evaluation.pdf 19-298_Department_Recommendation_of_Award.pdf Process_Regarding_RFPs.pdf 18-298_MPB.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes ENGINEERING SERVICES 11. Motion to approve supplemental funding (SA1) for Engineering Phases of Design Consultant Services Agreement to Cranston Engineering Group, Inc. in the amount of $29,900 for the 9th Street (James Brown Blvd.) Improvements Project as requested by the AED. RFP 18-171(Approved by Engineering Services Committee August 27, 2019) Item Action: Approved Proposal_2019-07-01_9th_Street_Improvements_SA1.pdf Copy_of_CPB_James_Brown_Blvd_award_Cranston_8.16.2019.xlsx SA1-James_Brown_(9th_Street).docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 12. Motion to approve funding for Design Consultant Services Supplemental Agreement Three to Alfred Benesch & Company (formally WR Toole Engineers) in the amount of $53,095 for the East Augusta Roadway and Drainage Project as requested by the AED. RFQ 06-202 (Approved by Engineering Services Committee August 27, 2019) Item Action: Approved East_Augusta_Engineering_and_Construction_Support__8.15.2019.pdf Copy_of_CPB_East_Augusta_08.16.19.xls SA3__Toole_08.16.2019_(002).docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 13. Motion to approve Initial Phase funding for Streambank Stabilization Design, Permitting and Construction Engineering Services Agreement to Pond & Company in the amount of $14,300 for Sandpipe Lane Site and $9,700 for Morningside Drive Site as requested by the AED. RFQ 19-152 (Approved by Engineering Services Committee August 27, 2019) Item Action: Approved 2019.07.19_City_of_Augusta_Proposal_for_Morningside_Streambank_Stabilization_-_Concept_Phase.pdf 2019.07.19_City_of_Augusta_Proposal_for_Sandpiper_Streambank_Stabilization_-_Concept_Phase.pdf REQUEST_FOR_QUALIFICATIONS_StreamRestoration__19-152.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 14. Motion to accept proposal from Goodwyn, Mills and Cawood, Inc. (GMC) to provide engineering and construction services for Utilities Department’s Fort Gordon Screening and Equalization Improvements project, Irrigation Water Treatment Plant Valve Actuation Improvements project and Cross Basin Lift Station and Force Main project in the amount of $126,120. (Approved by Engineering Services Committee August 27, 2019) Item Action: Approved GMC_Services_on_Fort_Gordon_-_Map.pdf GMC_Services_on_Fort_Gordon_-_Proposal.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias 15. Motion to approve an amendment to the Georgia Power Governmental Encroachment Agreement for Easement #30894. (Approved by Engineering Services Committee August 27, 2019) Item Action: Approved Georgia_Power_Amendment_to_Governmental_Encroachment_Agreement_for_Easement_#30894.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 16. Motion to approve an Easement Abandonment and Deed of Dedication for New Easement with Georgia Vitrified Brick and Clay.(Approved by Engineering Services Committee August 27, 2019) Item Action: Approved Georgia_Vitrified_Brick___Clay_Easement_Exchange.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 17. Motion to determine that East Telfair Street, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee August 27, 2019) Item Action: Approved Map_-_E_Telfair_Street.pdf Resolution_East_Telfair_Street.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 18. Motion to approve a Deed of Dedication and Maintenance Agreement for River Watch Parkway Commercial/Retail Center.(Approved by Engineering Services Committee August 27, 2019) Item Action: Approved River_Watch_Commercial_Retail_Ctr_DoD.pdf River_Watch_Commercial_Retail_Ctr_MA.pdf River_Watch_Commercial_Retail_Ctr_Plat.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 19. Motion to approve an Agreement for Relocation of Easement from Berkmans Residential Properties. (Approved by Engineering Services Committee August 27, 2019) Item Action: Approved Augusta_National_Easement_Swap.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 20. Motion to approve adoption of the revised Street Lighting Ordinance (Augusta, Georgia Code Chapter 3 Street Lighting, Section 7-3) to incorporate current fee structure for the street light system. Requested by AED (Approved by Engineering Services Committee August 27, 2019) Item Action: Approved 2019-4-4_Code_Amendment_re_Chapter_3_Streetlighting_SF.pdf EXHIBIT_A_-_Service_Charge_Table.pdf Street_Light_Commission_Approve_Rate_Table_09042018.pdf StreetLight_Sec_7-3-10-marked_page.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 21. Motion to approve an Access, Utility and Fiber Agreement between Augusta and Verizon Wireless of the East L.P. d/b/a Verizon Wireless. (Approved by Engineering Services Committee August 27, 2019) Item Action: Approved Verizon_Access,_Utility_and_Fiber_Easement_Agreement.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes PETITIONS AND COMMUNICATIONS 22. Motion to approve the minutes of the regular meeting of the Augusta Commission held on August 20, 2019 and Special Called Meeting held August 27, 2019. Item Action: Approved Regular_Commission_Meeting_August_20_2019.pdf Called_Commission_Meeting_August_27_2019.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes APPOINTMENT(S) 23. Motion to approve the appointment of Mr. Lee Powell to the Animal Control Board; Ms. Kigwana Cherry to the Augusta Transit Citizens Advisory Board; reappointment of Ms. Annette Harland to the ARC Tree Commission and Mr. David Barbee to the ARC Personnel Board representing District 10. Item Action: Approved SKM_C65819082910310.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/3/2019 AUGUSTA COMMISSION REGULAR AGENDA 9/3/2019 (Items 24-30) PLANNING 24. Z-19-30 – A request for concurrence with the Augusta Planning Commission to deny a petition by Malisa Wanjala, on behalf of Kimberly Godbee, requesting a Special Exception to establish a Family Day Care Item Action: Rescheduled Home per Section 26-1(F) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.46 acres and known as 4004 Madison Lane. Tax Map 053-4-012-00-0 DISTRICT 3 z-19-30.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commisioner Sean Frantom Commissioner Ben Hasan Withdraws Motions Motion Type Motion Text Made By Seconded By Result Deny Substitute motion to deny this item. Commissioner William Fennoy Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to table this item for two weeks in order to obtain additional information. Mr. Clarke out. Voting No: Commissioner Dennis Williams. Motion Passes 8-1. Commissioner William Fennoy Commissioner Ben Hasan Passes ADMINISTRATIVE SERVICES 25. Motion to approve that any voting member of this body can make a motion at any point without being recognized by the Chair. (Requested by Commissioner Marion Williams) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Clarke out. Voting No: Commissioner William Fennoy, Commissioner Sammie Sias, Commissioner Bobby Williams. Motion Passes 6-3. Commissioner Marion Williams Commissioner Ben Hasan Passes 26. Discuss and direct Administration and Law Departments to review the city's current substance abuse policy in association with the proposed amendments to Augusta Code Section 3-7-33 Marijuana and report back in 90 days. (No recommendation from Administrative Services) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Sias abstains. Voting No: Commissioner Mary Davis, Commissioner Brandon Garrett. Motion Passes 7-2 -1. Commissioner Bobby Williams Commissioner Ben Hasan Passes FINANCE 27. Motion to approve the minutes of the Finance Committee held on August 13, 2019. (No recommendation from Finance Committee August 27, 2019) Item Action: Approved Finance_Co._Minutes_8-13-2019.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes ENGINEERING SERVICES 28. Discuss changing existing crossing time for pedestrians crossing Broad Street. (Commissioner John Clarke) Item Action: Approved SKM_C65819082910320.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 10-0. Commissioner John Clarke Commissioner Brandon Garrett Passes SUBCOMMITTEE RFP Pension Investment Management 29. Motion to award RFP 19-003 Investment Management and Trustee Administration Services of 1945 and 1949 Pension Plans to Morgan Stanley as recommended by Selection Committee. (No recommendation from the August 20, 2019 Pension Committee) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Motion to deny. Commisioner Sean Frantom Commissioner Brandon Garrett No action is 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. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Brandon Garrett. Motion Passes 6-4. Commissioner Ben Hasan Commissioner William Fennoy Passes ADDENDUM 30. Discuss Augusta Engineering Department's recommendations for the opening of the Olive Road Overpass. (Requested by Administration) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the recommendations of the Engineering Department to install new guide and detour signs to direct all truck traffic around the bridge, install speed bumps prior to the existing stop signs for both directions and to replace the standard stop and stop ahead signs with Commissioner Ben Hasan Commissioner Mary Davis Passes a sign having radar detection that has an LED sign imbedded in itself at a cost of $25,500 from the Engineering Department budget. Mr. Frantom out. Motion Passes 9-0. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 31. 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 9/3/2019 2:00 PM Attendance 9/3/19 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM Invocation Department: Department: Caption:Reverend Linda Birchall Pastor St. Mark United Methodist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM Years of Service Department: Department: Caption:Congratulations! AugustYears of Service Recipients. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM Mr. Brian Green Department: Department: Caption:Mr. Brian Green - Our City-Image and Downtown safety issues. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM Z-19-30 Department:Planning and Development Department:Planning and Development Caption: Z-19-30 – A request for concurrence with the Augusta Planning Commission to deny a petition by Malisa Wanjala, on behalf of Kimberly Godbee, requesting a Special Exception to establish a Family Day Care Home per Section 26-1(F) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.46 acres and known as 4004 Madison Lane. Tax Map 053-4-012-00-0 DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: ORDINANCE NO. ___________________ AN ORDINANCE TO AMEND AUGUSTA, GEORGIA CODE SECTION 6-6-45 SO AS TO PROVIDE A REVISION TO THE DEFINITION OF ARCADE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THE AUGUSTA, GEORGIA COMMISSION ORDAINS AS FOLLOWS: Section 1. Augusta, Georgia Code § 6-6-45 (a) (3) is hereby amended by striking said section in its entirety, and substituting in lieu thereof the following, to-wit: (3) Arcade. "Arcade" means any location where three or more bona fide coin-operated amusement machines are operated which permit non-cash redemption as provided in O.C.G.A. § 16-12-35, or a location where ten or more bona fide coin-operated amusement machines are located, whether or not non-cash redemption for any machine is allowed. Pursuant to Chapter 17 of Title 48 of the Official Code of Georgia Annotated, specifically Section 48-17-15 (b) (2), a business owner or business operator, as defined by Section 48-17-1 (2.1), may provide more than nine (9) Class B bona fide coin operated amusement machines, as defined in Sections 48-17-1 (2) and (2.3), in a Business location, as defined in Section 48-17-15 (2); provided, however, that these Class B bona fide coin operated amusement machines meet the following criteria: (i) it rewards the player or players with tickets, tokens, or other non-cash representations of value redeemable for merchandise prizes; (ii) the outcome of the game involves some skill in its operation; (iii) the award of tickets, tokens or other non-cash representations of value is based solely on the players achieving the object of the game or player’s score; (iv) only merchandise prizes are awarded; (v) the average wholesale value of the prizes awarded in lieu of tickets or tokens for a single play of the machine does not exceed Five Dollars ($5.00); and (vi) the redemption value of each ticket, token or other non-cash representation of value that may be accumulated by a player or players to redeem prizes of greater value does not exceed the cost of a single play of the machine. Section 2. This ordinance amendment shall become effective upon its adoption in accordance with applicable laws. Section 3. All ordinance or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2019. _____________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2019 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Commission Meeting Agenda 9/3/2019 2:00 PM Arcade Ordinance Department:Planning & Development Department:Planning & Development Caption:Motion to approve an ordinance to correct a clerical error and amend Augusta, Georgia Code Section 6-6-45 License to Operate Arcades so as to define ‘Arcade’ as it was adopted by the Augusta Commission on February 15, 2011, under Ordinance No. 7232; and waive the second reading. (Approved by Public Services Committee August 27, 2019) Background:The Arcade Ordinance was amended on February 15, 2011 to update the definition of ‘arcade’ to be consistent with a then recently passed Senate Bill 454 (Ordinance # 7232). On November 15, 2011, several sections of Augusta-Richmond County code Title 6 Chapter 6 were amended in order to abolish the former License and Inspection Department and create the Planning and Development Department (Ordinance No. 7307). One of the code sections included in this amendment was the Arcade Ordinance, however it did not include the correct definition of arcade. Analysis:The approval of this amendment will correct a clerical error that caused the definition of arcade to be incorrect. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM Grant Offer FAA Augusta Regional Airport Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve FAA AIP Grant 3-13-001-043-2019. (Approved by Public Services Committee August 27, 2019) Background:FAA GRANT FOR: AIR CARRIER and GA APRON PAVEMENT PHASE 3 REHABILITATION – DESIGN BAGGAGE HANDLING SYSTEM REPLACEMENT – DESIGN TAXIWAY C REHAB – DESIGN AND CONSTRUCT DBE PLAN UPDATE Analysis:The FAA has agreed to fund part of the above titled projects at 90% with a grant for $927,767.00. The Augusta Aviation Commission Approved the Acceptance of the Grant pending downtown approval on July 31, 2019. Financial Impact:$927,767.00 Grant Alternatives:To Deny Recommendation:The Augusta Aviation Commission requests the Augusta Commission accept the FAA Grant for $927,767.00 Funds are Available in the Following Accounts: Budgeted in org key: 551081301 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Memorandum of Understanding Between Augusta, Georgia 535 Telfair Street Augusta, GA 30901 (Hereinafter “the Commission”) And The Greater Augusta Arts Council 1301 Greene Street Augusta, GA 30904 (Hereinafter “the Council”) This Memorandum of Understanding (“MOU”) is made on this ____ day of ______________, 2019, by and between the Commission and the Council for the purpose of planning, executing and managing the installation of Gateway Sculptures. WHEREAS, the Commission and the Council recognize the need that additional effort be spent on the development and establishment of public art projects within the geographic area of Augusta to engage in cultural enrichment activities, including traditionally underserved areas; and WHEREAS, the Commission and the Council desire to enter into this Memorandum of Understanding in which the Parties will work together to create and manage the procurement and installation of the Gateway Sculptures; NOW, THEREFORE, in consideration of the above premises, and for other good and valuable consideration, the Parties agree as follows: 1. PURPOSE The purpose of this Memorandum is to provide the framework for the understanding and cooperation between the Commission and the Council to plan, create, develop, manage and establish the Gateway Sculptures. The Gateway Sculptures will elevate the arts in the community and support economic development efforts already underway. The process of procuring the sculptures will increase the visibility of Augusta on the national arts scene, and help bring additional arts investments to the city. The community engagement central to the development and installation of the artworks will promote the abilities of Augusta’s local artists so that they may better compete for these opportunities at home and abroad. The installed sculptures will become icons that enrich the Augusta landscape and local culture. 2. THE GATEWAY SCULPTURES Three monumental sculptures will be custom designed and installed by nationally renowned artists at key entry points to the City. The artists will be selected through a competitive process that prioritizes proven experience with the construction process of large sculptures and aesthetics that celebrate the unique sense of place available in Augusta. The sites will be identified along key transportation corridors with the assistance of Georgia Department of Transportation. The design process will include events to engage the community and provide a sense of ownership in this public artwork. The construction process will be informed by Georgia Department of Transportation as well as key Augusta, GA departments, such as Engineering. 3. OBLIGATIONS OF THE PARTIES The Parties acknowledge that a joint project is created between them by this Memorandum and both agree to work together to ensure united, visible and responsive leadership and to provide adequate administrative and managerial resources for the success of the Gateway Sculptures. The parties will work closely together to succeed in their joint venture. a. Services to be rendered by the Commission include: I. Funding - The Commission has approved $1,000,000 for Gateway Sculptures in the 2017 SPLOST. The project budget is provided in schedule A. II. Procurement – Augusta, GA will lead the procurement of the sculptures. III. Final Approval - The Commission will, based on and in consideration of recommendations made by the Council, decide on final sculpture plans, locations, and/or designs before implementation and/or installations. IV. Ownership and Maintenance – Upon completion, the sculptures will be the property and responsibility of Augusta, GA for the purpose of public display and cultural enrichment. b. Services to be rendered by the Council include: I. Administration – The Council will coordinate tasks and timelines to ensure successful installation of three (3) Gateway Sculptures in accordance with the Augusta Public Art Master Plan. II. Marketing - The Council will utilize appropriate marketing channels to promote the sculptures and all associated events. This includes but is not limited to the prescreening of artist apprentices, and the development and implementation of events highlighting sculptures. III. Coordination – The Council will coordinate the various parties involved in the successful completion of this project, including but not limited to the public, press, artists, local art community, GADOT, and any other stakeholder or participant. This process will be facilitated by the Augusta Recreation and Parks Department. 5. INDEMINIFICATION Each party to this MOU shall assume the responsibility and liability for the acts and omissions of its own employee, deputies, officers, or agents, in connection with performing any obligations and/or responsibilities under this MOU. For liability purposes, neither party shall be considered the agent of the other party. 6. TERM / PROJECT DURATION This MOU is at-will and may be modified in writing by mutual consent of authorized officials from the Commission and the Council. This MOU shall become effective upon signature by the authorized officials from the Commission and the Council and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from the Commission and the Council, this MOU shall end 60 calendar days after a written notice to the other party has been provided by one party. 7. NOTICE Any notice or communication required or permitted under this Memorandum is sufficient if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished the other in writing. 8. GOVERNING LAW This Memorandum shall be construed in accordance with the laws of the State of Georgia. 9. ASSIGNMENT / TRANSFER OF RESPONSIBILITIES Neither party may assign or transfer the responsibilities under this Memorandum without the prior written consent of the non-assigning party. 10. SEVERABILITY If any provision of this Memorandum is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Memorandum is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 11, NO THIRD PARTY BENEFICIARY RIGHTS. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. 12. PRIOR MEMORANDUM SUPERSEDED This Memorandum constitutes the entire agreement between the Parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and Memorandums, whether written or oral. 13. UNDERSTANDING It is mutually agreed upon and understood by and among the Parties of this Memorandum that: a. The Parties will work together in a coordinated fashion for the fulfilment of this joint venture. b. In no way does this Memorandum restrict the Parties from participating in similar agreements with other public or private agencies, organizations, and individuals. c. To the extent possible and reasonable, both Parties will participate in the development of this joint project. 14. SIGNATORIES This Memorandum is executed the day and year first above written on behalf of Augusta-Richmond county Commission by its duly authorized officials Mayor Hardie Davis, Jr. and its Clerk of Commission and on behalf of the Greater Augusta Arts Council by (enter names and titles here). AGREED TO BY: AUGUSTA, GEORGIA By: _________________________ Hardie Davis, Jr., Mayor Date: _________________________ Attest: _______________________________ Lena J. Bonner, Clerk of Commission The Greater Augusta Arts Council By: __________________________ Date: _____________________________ Project Budget Schedule A Description Quantity Amount Total Gateway Sculptures 3 225,000 675,000 Secondary Gateway Sculptures 1 173,000 173,000 Maquette Purchase 3 9,000 27,000 Administrative 1 50,000 50,000 Project Implementation & Marketing 1 75,000 75,000 Total 1,000,000 Commission Meeting Agenda 9/3/2019 2:00 PM MOU with Greater Augusta Arts Council to Administer Gateway Sculpture Project. Department:Recreation and Parks Department Department:Recreation and Parks Department Caption:Motion to approve having the next Gateway Sculpture placed at the gateway at Sand Bar Ferry Road with the exact location to be defined. (Approved by Public Services Committee August 27, 2019) Background:The purpose of this proposed Memorandum of Understanding (MOU) is to provide the framework for cooperation between the Commission and the Council to plan and implement three unique (3) Gateway Sculptures and one (1) secondary sculpture at key locations, primarily located in state right-of-ways, selected with guidance from Georgia Department of Transportation. GAAC will coordinate among the various involved parties, including the Procurement Department, to accomplish the solicitation, selection, marketing, and permitting needed to complete these large public works of art. Analysis:This project helps to generate a public art collection in Augusta. This MOU would be the first for the GAAC, and it is modeled after an MOU between the Commission and the Convention and Visitor’s Bureau. This agreement would enable the GAAC to play a more active role in managing the funds and implementation for this project, with support from the staff involved with the Public Advisory Arts Panel and specifically the Recreation and Parks Department. Financial Impact:The Commission has previously approved $1,000,000 for a Public Arts Sculpture Festival in SPLOST 7 referendum. This MOU would allow the GAAC to manage $50,000 of that amount to cover GAAC’s administrative costs, and $75,000 to cover implementation to cover marketing, solicitation, and incidentals related to site preparation and clearing, selection, and public engagement. Alternatives:1. To Approve 2. Move No Action thus delaying this important community art project. Recommendation:1. Approve the Memorandum of Understanding with the Greater Augusta Arts Council in the amount of $50,000 for Administrative costs and $75,000 for implementation costs for a total of $125,000 for the implementation of the Gateway Sculpture Project. Funds are Available in the Following Accounts: SPLOST VII 329064310 216067901 REVIEWED AND APPROVED BY: DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SAVANNAH DISTRICT 100 W. OGLETHORPE AVENUE SAVANNAH, GEORGIA 31401-3604 February 26, 2019 Real Estate Division Augusta, Georgia, Office of the Mayor Attention: Mr. Hardie Davis Jr., Mayor 535 Telfair Street Augusta, Georgia 30901 Dear Mayor Davis: I am enclosing three (3) copies of proposed Lease No. DACW21-1-19-0028, granting The City of Augusta Recreation and Parks Department the continued authority use, operate, and maintain 50 acres more or less of Government land for park and recreational purposes at J. Strom Thurmond Project Richmond, County, Georgia. If the proposed document is satisfactory, please have the appropriate official of your organization date and sign all three copies of the proposed Lease. Have another official of your organization complete, date and sign all three copies of the Certificate of Authority. Return all three copies to: US Army Corps of Engineers, Savannah District, Attention: Real Estate Division, RE-M (Simpson), 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604. An executed copy will be returned for your records. Should you have any questions, please contact me at (912) 652-5930. Sincerely, Sara Simpson Realty Specialist Management & Disposal Branch Enclosures Lease No. DACW21-1-19-0028 1 DEPARTMENT OF THE ARMY LEASE TO NON-STATE GOVERNMENTAL AGENCIES FOR PARK AND RECREATIONAL PURPOSES NEW SAVANNAH BLUFF LOCK AND DAM J. STROM THURMOND PROJECT RICHMOND COUNTYGEORGIA THIS LEASE, made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and; Augusta, Georgia , hereinafter referred to as the Lessee, WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibit “A”, attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby Lease for a term of Ten (10) years, beginning December 8, 2018 and ending December 7, 2028. 2. CONSIDERATION The consideration for this Lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. 3. NOTICES All correspondence and notices to be given pursuant to this Lease shall be addressed, if to the Lessee, to Augusta, Georgia 2027 Lumpkin Road, Post Office Box 5605 Augusta, Georgia 30906, and if to the United States, to the Real Estate Contracting Officer, Attention: Chief, Real Estate Division, RE-M (Lease No. DACW21-1-19-0028), US Army Engineer District, Savannah District, 100 West Oglethorpe Avenue, Savannah, Georgia, 31401-3604, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. Lease No. DACW21-1-19-0028 2 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army", "Real Estate Contracting Officer" or "said officer" shall include their duly authorized representatives. Any reference to "Lessee" shall include assignees, transferees, successors and their duly authorized representatives. 5. DEVELOPMENT PLANS The Lessee shall be guided by an annual Plan of Operation and Maintenance in furtherance of the Lessee's implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit “B” which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees. No later than May 31st of each year the Lessee will submit the annual Plan to be mutually agreed on between the Lessee and the Real Estate Contracting Officer. Such annul Plan shall include but is not limited to the following: a. Plans for management, maintenance and development activities to be undertaken by the Lessee and any sublessees. b. Report of the management, maintenance and development accomplishments of the Lessee for the preceding year. c. Report on any significant modification of policies or procedures which are planned for the following year as well as those implemented in the preceding year. d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the Plan before proceeding to implement any changes in the development or management of the leased premises. e. Budget of the Lessee for carrying out all activities for the upcoming year. f. Personnel to be used in the management of the leased premises. The use and occupation of the premises shall be subject to the general supervision and approval of the Real Estate Contracting Officer. During the term of the lease, the Real Estate Contracting Officer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments. 6. STRUCTURE AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION. However, not Lease No. DACW21-1-19-0028 3 structures may be erected or altered upon the premises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the Real Estate Contracting Officer. The Real Estate Contracting Officer may require the Figure 8-C-2 Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities. 7. APPLICABLE LAWS AND REGULATIONS a. The Lessee shall comply with all applicable federal laws and regulations and with all applicable laws, ordinances and regulations of the state, county and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. b. The Lessee will provide an annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. Lessee will also provide a statement of compliance with the Americans with Disabilities Act, noting any deficiencies and providing a schedule for correction. 8. CONDITION OF PREMISES The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is Lease without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs or additions thereto attached as Exhibit “C”. 9. FACILITIES AND SERVICES The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on development plans either directly or through subleases or concession agreements that have been reviewed and accepted by the Real Estate Contracting Officer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the Real Estate Contracting Officer. The Lease will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of subleasees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease. 10. TRANSFERS AND ASSIGNMENTS a. Without prior written approval of said officer the Lessee shall neither transfer nor assign this Lease nor sublet the premises or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this Lease. Failure to comply with this condition shall constitute a noncompliance for which the Lease may be revoked immediately by said officer. Lease No. DACW21-1-19-0028 4 b. The Lessee will not sponsor or participate in timeshare ownership of any structure, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development. 11. FEES Fees may be charged by the Lessee for use of the premises or facilities constructed thereon. The said officer shall have the right to review such fees and require an increase or reduction when it is determined that the objectives of this Lease have been violated. However, no user fees may be charged by the Lessee for use of facilities developed in whole or in part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law. All monies received by the Lessee from operations conducted on the premises must be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Any such monies not so utilized or programmed for use within a reasonable time shall be paid to said officer at the end of each 5 year period. The Lessee shall furnish annual statements of receipts and expenditures to said officer. 12. ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning 5 years from the date of this lease and continuing at 5-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the Real Estate Contracting Officer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the Real Estate Contracting Officer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement. The Real Estate Contracting Officer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub- lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the Real Estate Contracting Officer with the results of such an audit. Lease No. DACW21-1-19-0028 5 13. PROTECTION OF PROPERTY The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the Real Estate Contracting Officer, or at the election of the Real Estate Contracting Officer, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the Real Estate Contracting Officer. 14. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with Government purposes; to make inspections; to remove timber or other material, except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 15. LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the Real Estate Contracting Officer shall be installed and maintained by and at the expense of the Lessee. 16. INSURANCE a. At the commencement of this lease, the Lessee, unless self-insured, and its sub-lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum Combined Single Limit of $1,000,000.00 whichever is greater, for any number of parsons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub-lessees and concessionaires under the terms of this lease. The Lessee shall require its insurance company to furnish to the Real Estate Contracting Officer a copy of the policy or policies, or, if acceptable to the Real Estate Contracting Officer, certificates of insurance evidencing the purchase of such insurance. The Real Estate Contracting Officer shall have the right to review and revise the amount of minimum liability insurance required. Lease No. DACW21-1-19-0028 6 b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the Real Estate Contracting Officer be given thirty (30) days notice of any cancellation or change in such insurance. c. In the event the Lessee is self-insured, the Lessee shall certify such self-insurance in writing in the minimum amount specified above to the Real Estate Contracting Officer. The Lessee's insurance status shall not eliminate the requirement for its sub-lessees and concessionaires to have insurance from a reputable insurance carrier as set out above. d. The Real Estate Contracting Officer may require closure of any or all of the premises during any period for which the Lessee and/or its sub-lessees and concessionaires do not have the required insurance coverage. 17. RESTORATION On or before the expiration of this Lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to said officer. If, however, this Lease is revoked, the Lessee shall vacate the premises, remove said property, and restore the premises to the aforesaid condition within such time as said officer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, said property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this Lease in restoring the premises. 18. NON-DISCRIMINATION a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the Lease premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. b. The Lessee, by acceptance of this Lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. Section 2000d); the Age Discrimination Act of 1975 (42 U.S.C. Section 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 195) issued as Department of Defense Directives 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the Lessee, its agents, successors, transferees, subleassees and assignees. Lease No. DACW21-1-19-0028 7 19. SUBJECT TO EASEMENTS This Lease is subject to all existing easements, or those subsequently granted, as well as established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and the easements will not be granted which will, in the opinion of said officer, interfere with the use of the premises by the Lessee. 20. SUBJECT TO MINERAL INTERESTS This Lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral Leases issued by the Bureau of Land Management (BLM) which has responsibility for mineral development on federal lands. The Secretary will provide Lease stipulations to BLM for inclusion in said mineral Leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local law. 21. COMPLIANCE, CLOSURE, REVOCATION, AND RELINQUISHMENT a. The Lessee and/or any subleassees or licensees are charged at all times with full knowledge of all the limitations and requirements of this Lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by said officer. This Lease may be revoked in the event the Lessee violates any of its terms and conditions and continues and persists in such non-compliance. The Lessee will be notified of any non-compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non-compliance. Failure to satisfactorily correct any substantial or persistent non- compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the Lease, after notice in writing of such intent. Decisions by the said officer concerning future requests by the Lessee to extend the Lease, expand the premises, modify authorized activities, or assign the Lease shall reflect the Lessee's past performance and compliance with the Lease terms. b. This Lease may be relinquished by the Lessee by giving thirty (30) days prior written notice to said officer in the manner prescribed in the condition on NOTICES. 22. HEALTH AND SAFETY a. The Lessee shall keep the premises in good order and in a clean, sanitary and safe condition by and at the expense of the Lessee. b. In addition to the right of revocation for non-compliance previously stated, said officer, upon discovery of any hazardous condition on the premises that present an immediate threat to health or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed until such condition is corrected and the danger eliminated. If the condition is not corrected said officer will have the option to (1) correct the Lease No. DACW21-1-19-0028 8 hazardous condition and collect the cost of repairs from the Lessee, or (2) revoke the Lease. The Lessee shall have no claim for damages against the United States, or any officer, agent or employee thereof on account of action pursuant to this condition. 23. PUBLIC USE The Lessee shall not forbid the full use by the public of the water areas of the project, subject however, to the authority and responsibility of the Lessee to carry out its responsibilities under this Lease to manage the premises and provide safety and security to the facility users. 24. PROHIBITED USES a. The Lessee shall not permit gambling on the premises. Specifically prohibited is the use of gambling devices, such as slot machines, video gambling machines, or other casino type devices that would detract from the family atmosphere. The Real Estate Contracting Officer may allow the sale of state lottery tickets, in accordance with state and local laws and regulations, as long as the sale of tickets constitutes a collateral activity, rather than primary activity of the Lessee. The Lessee shall not install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. In accordance with state and local laws and regulations, the Lessee may store, or dispense, or permit the storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises for members of the Lessee organization and their guests. Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 25. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to the condition on DEVELOPMENT AND MANAGEMENT PLANS. The Lessee may salvage fallen or dead timber on the Lease premises for use as firewood only. All sales of timber or forest products will be conducted by the United States and the proceeds therefrom shall not be available to the Lessee under the provisions of this Lease. 26. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. Sections 7101- 7109) (the Act), all disputes arising under or relating to this Lease shall be resolved under this clause and the provisions of the Act. b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of Lease terms, or other relief arising under or relating to this Lease. A claim Lease No. DACW21-1-19-0028 9 arising under this Lease, unlike a claim relating to this Lease, is a claim that can be resolved under a Lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. The routine request for rental payment that is not in dispute is not a claim under the Act. The request may be converted to a claim under the Act, by this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. c. (1) A claim by the Lessee shall be made in writing and submitted to the said officer for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the said officer. (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and (iii) The amount requested accurately reflects the Lease adjustment for which the Lessee believes the Government is liable. (3) (i) If the Lessee is an individual, the certificate shall be executed by that individual. (ii) If the Lessee is not an individual, the certification shall be executed by: (A) A senior company official in charge at the Lessee's location involved; or (B) An officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee's affairs. d. For Lessee claims of $100,000 or less, the said officer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee-certified claims over $100,000, the said officer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The said officer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the said officer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. Lease No. DACW21-1-19-0028 10 g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the said officer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the said officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in the condition on CONSIDERATION. h. The Lessee shall proceed diligently with the performance of the Lease, pending final resolution of any request for relief, claim or action arising under the Lease, and comply with any decision of said officer. 27. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this Lease shall protect the project against pollution of its air, ground and water. The Lessee shall comply promptly with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the Lease area is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or by any federal, state, interstate or local governmental agency, are hereby made a condition of this Lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities to be sealed against any discharge into the lake. Services for waste disposal, including sewage pump-out of watercraft, shall be provided by the Lessee as appropriate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Lessee's activities, the Lessee shall be liable to restore the damaged resources. c. The Lessee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 28. RECORD OF ENVIRONMENTAL CONSIDERATION A Record of Environmental Consideration (REC) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon, is attached hereto and made a part hereof as Exhibit "D". Upon expiration, revocation or relinquishment of this Lease another REC shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION. Lease No. DACW21-1-19-0028 11 29. HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify said officer and protect the site and the material from further disturbances until said officer gives clearance to proceed. 30. SOIL AND WATER CONSERVATION The Lessee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the Lessee during the term of this Lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by said officer. 31. TRANSIENT USE a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited. b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full- or part-time residence is prohibited, except for employees residing on the premises for security purposes if authorized by said officer. 31. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this Lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bon fide employees or established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach of violation of this warranty, the United States shall have the right to annul this Lease without liability or, in its discretion, to require the Lessee to pay, in addition to the Lease rental or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 32. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retailed to solicit or secure this lease 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 the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or Lease No. DACW21-1-19-0028 12 consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 33. OFFICIALS NOT TO BENEFIT No member of or delegate to congress or resident commissioner shall be admitted to any share or part of this Lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if this Lease is for the general benefit of such corporation or company. 34. MODIFICATIONS This Lease contains the entire agreement between the parties hereto, and no modification of this Lease, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative and this provision shall apply to this condition as well as other conditions of this Lease. 35. DISCLAIMER This Lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this Lease does not preclude the necessity of obtaining any Department of the Army permit for activities which involve the discharge of dredge or fill material or placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC Section 403), and Section 404 of the Clean Waters Act (33 USC Section 1344). 36. COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13658 (1) Any reference in this section to “prime contractor” or “contractor” shall mean Augusta, Georgia and any reference to “contract” shall refer to Lease No. DACW21-1-19-0028. (a) The parties expressly stipulate this contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order, and the following provisions. (b) Minimum Wages. (1) Each worker (as defined in 29 CFR 10.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 13658. (2) The minimum wage required to be paid to each worker performing work on or in connection with this contract between January 1, 2015 and December 31, 2015 shall be $10.10 per hour. The minimum wage shall be adjusted each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under Lease No. DACW21-1-19-0028 13 section 2(a)(ii) of Executive Order 13658 will be effective for all workers subject to the Executive Order beginning January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published minimum wage is incorporated by reference into this contract. (3) The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semi-monthly. (4) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages. (5) If the commensurate wage rate paid to a worker on a covered contract whose wages are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the 14(c) worker the greater commensurate wage. (c) Withholding. The agency head shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 13658. (d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29 CFR part 10, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 10.52. Lease No. DACW21-1-19-0028 14 (e) The contractor may not discharge any part of its minimum wage obligation under Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof. (f) Nothing herein shall relieve the contractor of any other obligation under Federal, State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $10.10 (or the minimum wage as established each January thereafter) to any worker. (g) Payroll Records. (1) The contractor shall make and maintain for three years records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each worker and shall make the records available for inspection and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor: (i) Name, address, and social security number. (ii) The worker's occupation(s) or classification(s) (iii) The rate or rates of wages paid. (iv) The number of daily and weekly hours worked by each worker. (v) Any deductions made; and (vi) Total wages paid. (2) The contractor shall also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct investigations, including interviewing workers at the worksite during normal working hours. (5) Nothing in this clause limits or otherwise modifies the contractor's payroll and recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor Standards Act, as amended, and its implementing regulations; or any other applicable law. Lease No. DACW21-1-19-0028 15 (h) The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with this contract clause. (i) Certification of Eligibility. (1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (j) Tipped employees. In paying wages to a tipped employee as defined in section 3(t) of the Fair Labor Standards Act, 29 U.S.C. 203(t), the contractor may take a partial credit against the wage payment obligation (tip credit) to the extent permitted under section 3(a) of Executive Order 13658. In order to take such a tip credit, the employee must receive an amount of tips at least equal to the amount of the credit taken; where the tipped employee does not receive sufficient tips to equal the amount of the tip credit the contractor must increase the cash wage paid for the workweek so that the amount of cash wage paid and the tips received by the employee equal the applicable minimum wage under Executive Order 13658. To utilize this proviso: (1) The employer must inform the tipped employee in advance of the use of the tip credit; (2) The employer must inform the tipped employee of the amount of cash wage that will be paid and the additional amount by which the employee's wages will be considered increased on account of the tip credit; (3) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); and (4) The employer must be able to show by records that the tipped employee receives at least the applicable Executive Order minimum wage through the combination of direct wages and tip credit. (k) Antiretaliation. It shall be unlawful for any person to discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to Executive Order 13658 or 29 CFR part 10, or has testified or is about to testify in any such proceeding. Lease No. DACW21-1-19-0028 16 (l) Disputes concerning labor standards. Disputes related to the application of Executive Order 13658 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 10. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the workers or their representatives. (m) Notice. The contractor must notify all workers performing work on or in connection with a covered contract of the applicable minimum wage rate under the Executive Order. With respect to service employees on contracts covered by the Service Contract Act and laborers and mechanics on contracts covered by the Davis-Bacon Act, the contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers performing work on or in connection with a covered contract whose wages are governed by the FLSA, the contractor must post a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by workers. Contractors that customarily post notices to workers electronically may post the notice electronically provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (n) If a duly authorized representative of the United States discovers or determines, whether before or subsequent to executing this contract, that an erroneous determination regarding the applicability of Executive Order 13658 was made, contractor, to the extent permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents, and employees, for and from any and all liabilities, losses, claims, expenses, suits, fines, penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination. This includes contractor releasing any claim or entitlement it would otherwise have to an equitable adjustment to the contract and indemnifying and holding harmless the United States from the claims of subcontractors and contractor employees. 37. COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13706 Any reference in this section to “prime contractor” or “contractor” shall mean Augusta, Georgia and any reference to “contract” shall refer to Lease No. DACW21-1-19-0028. (a) Executive Order 13706. This contract is subject to Executive Order 13706, the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order, and the following provisions. (b) Paid sick leave. (1) The contractor shall permit each employee (as defined in 29 CFR 13.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship that may be alleged to exist between the contractor and employee, to Lease No. DACW21-1-19-0028 17 earn not less than 1 hour of paid sick leave for every 30 hours worked. The contractor shall additionally allow accrual and use of paid sick leave as required by Executive Order 13706 and 29 CFR part 13. The contractor shall in particular comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract. (2) The contractor shall provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account. The contractor shall provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken. (3) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the requirements of Executive Order 13706, 29 CFR part 13, and this clause. (c) Withholding. The contracting officer shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of Executive Order 13706, 29 CFR part 13, or this clause, including any pay and/or benefits denied or lost by reason of the violation; other actual monetary losses sustained as a direct result of the violation, and liquidated damages. (d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to comply with Executive Order 13706, 29 CFR part 13, or this clause, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. (e) The paid sick leave required by Executive Order 13706, 29 CFR part 13, and this clause is in addition to a contractor's obligations under the Service Contract Act and Davis- Bacon Act, and a contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of Executive Order 13706 and 29 CFR part 13. (f) Nothing in Executive Order 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under Executive Order 13706 and 29 CFR part 13. Lease No. DACW21-1-19-0028 18 (g) Recordkeeping. (1) Any contractor performing work subject to Executive Order 13706 and 29 CFR part 13 must make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the information specified in paragraphs (i) through (xv) of this section for each employee and shall make them available for inspection, copying, and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor: (i) Name, address, and Social Security number of each employee; (ii) The employee's occupation(s) or classification(s); (iii) The rate or rates of wages paid (including all pay and benefits provided); (iv) The number of daily and weekly hours worked; (v) Any deductions made; (vi) The total wages paid (including all pay and benefits provided) each pay period; (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2); (viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests; (ix) Dates and amounts of paid sick leave taken by employees (unless a contractor's paid time off policy satisfies the requirements of Executive Order 13706 and 29 CFR part 13 as described in § 13.5(f)(5), leave must be designated in records as paid sick leave pursuant to Executive Order 13706); (x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3); (xi) Any records reflecting the certification and documentation a contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee; (xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave; (xiii) The relevant covered contract; (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave; and Lease No. DACW21-1-19-0028 19 (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve a contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4). (2) (i) If a contractor wishes to distinguish between an employee's covered and non- covered work, the contractor must keep records or other proof reflecting such distinctions. Only if the contractor adequately segregates the employee's time will time spent on non-covered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if that contractor adequately segregates the employee's time may a contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform non-covered work during the time she asked to use paid sick leave. (ii) If a contractor estimates covered hours worked by an employee who performs work in connection with covered contracts pursuant to 29 CFR 13.5(a)(i) or, (iii) The contractor must keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with non-covered work be excluded from hours worked counted toward the accrual of paid sick leave. If a contractor estimates the amount of time an employee spends performing in connection with covered contracts, the contractor must permit the employee to use her paid sick leave during any work time for the contractor. (3) In the event a contractor is not obligated by the Service Contract Act, the Davis- Bacon Act, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the FLSA's minimum wage and overtime requirements, and the contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the contractor is excused from the requirement in paragraph (1)(d) of this section to keep records of the employee's number of daily and weekly hours worked. (4) (i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of Executive Order 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents must also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR Lease No. DACW21-1-19-0028 20 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the contractor's recordkeeping obligations, if any, under the Davis-Bacon Act, the Service Contract Act, the Fair Labor Standards Act, the Family and Medical Leave Act, Executive Order 13658, their respective implementing regulations, or any other applicable law. (h) The contractor (as defined in 29 CFR 13.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. (i) Certification of Eligibility. (1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts currently maintained on the System for Award Management Web site, http://www.SAM.gov. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (j) Interference/Discrimination. (1) A contractor may not in any manner interfere with an employee's accrual or use of paid sick leave as required by Executive Order 13706 or 29 CFR part 13. Interference includes, but is not limited to, miscalculating the amount of paid sick leave an employee has accrued, denying or unreasonably delaying a response to a proper request to use paid sick leave, discouraging an employee from using paid sick leave, reducing an employee's accrued paid sick leave by more than the amount of such leave used, transferring an employee to work on non- covered contracts to prevent the accrual or use of paid sick leave, disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave, or making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the contractor's operational needs. Lease No. DACW21-1-19-0028 21 (2) A contractor may not discharge or in any other manner discriminate against any employee for: (i) Using, or attempting to use, paid sick leave as provided for under Executive Order 13706 and 29 CFR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under Executive Order 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under Executive Order 13706 and 29 CFR part 13; or (iv) Informing any other person about his or her rights under Executive Order 13706 and 29 CFR part 13. (k) Waiver. Employees cannot waive, nor may contractors induce employees to waive, their rights under Executive Order 13706, 29 CFR part 13, or this clause. (l) Notice. The contractor must notify all employees performing work on or in connection with a covered contract of the paid sick leave requirements of Executive Order 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. (m) Disputes concerning labor standards. Disputes related to the application of Executive Order 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Lease No. DACW21-1-19-0028 22 37. SPECIAL CONDITIONS a. This Lease supersedes Lease No. DACW21-1-09-2013 which was granted to AUGUSTA GEORGIA for ten (10) years term beginning December 8, 2009 and ending December 7, 2018. b. Augusta, Georgia is granted the park and a section of the concrete up to the lock chamber. The lock chamber and any associated operations of this facility have been removed from this agreement as the lock is no longer operational for safety reasons. The county will maintain all safety railings and foot grates adjacent to the lock chamber. All County tools and equipment will be removed from the lock and dam control building upon the execution of this document. {SIGNATURE PAGES FOLLOW} Lease No. DACW21-1-19-0028 23 IN THIS LEASE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the ARMY, this ________ day of______________________, 2019 _________________________________ ____________________________ Witness (1) ____________________________ Witness (2) STATE OF GEORGIA ) : ss COUNTY OF CHATHAM ) On this _______ day of _________________, 2019 before me the undersigned Notary Public, personally appeared Robert M. Jewell, Deputy Chief, Real Estate Division, U.S. Army Engineer District, Savannah, Georgia, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _________________________________ Notary Public My Commission Expires: ____________________ Lease No. DACW21-1-19-0028 24 THIS LEASE is also executed by the Lessee this _____ day of _______________, 2019 AUGUSTA, GEORGIA BY: _____________________________ TITLE: __________________________ ______________________________ Witness (1) ______________________________ Witness (2) STATE OF ________________) : ss COUNTY OF ______________) On this _______ day of _________________, 2019, before me the undersigned Notary Public, personally appeared ________________________________________, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _________________________________ Notary Public My Commission Expires: ____________________ Lease No. DACW21-1-19-0028 25 CERTIFICATE OF AUTHORITY I ________________________ (name) certify that I am the _______________________ (title) of AUGUSTA, GEORGIA , that ____________________ (signator of outgrant) who signed the foregoing instrument on behalf of the Grantee was then ____________________ (title of signator of outgrant) of AUGUSTA, GEORGIA I further certify that the said officer was acting within the scope of powers delegated to this governing body of the Grantee in executing said instrument. AUGUSTA, GEORGIA Date: ________ ___________________________________ Clerk or Appropriate Official (AFFIX SEAL) Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community New Savannah Bluff Lock and Dam Lease No. DACW21-1-19-0028 (50.00 acres) 3900390195Feet . Ranger Rebecca Downey Date Created: 24 August 2018 Augusta-Richmond CountySavannah River Mile: 187.00 Unknown Legend Arc Sites NREG_RAT_D Property Boundary (Polygon) Arc Sites Buffer Cem_Not_Acq. Cemetery Cemetery- PE Cleared_NE Eligible Potentially Elig New Savannah Bluff Lock and Dam: Lease Area Augusta, GA Lease No. DACW21-1-19-0028 Exhibit "A" DACW21-1-19-0028 DACW21-1-19-0028 Exhibit "B" _____________ Renewal of Lease No. DACW21-1-09-2013 for New Savannah Bluff Lock and Dam, Augusta Richmond County, Thurmond Project. County intends to maintain the recreational use facilities for the public but turn over maintenance and operation of the Lock facility. County will maintain the entire park in addition to the large concrete platform adjacent to the Lock Chamber and be responsible for public safety by maintaining safety fencing, gates and foot grates. 7 December 2018 to 7 December 2028 9.k LARSEN.SHEILA. MARIE.15350562 90 Digitally signed by LARSEN.SHEILA.MARIE.1535056290DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LARSEN.SHEILA.MARIE.1535056290Date: 2018.09.26 07:54:01 -04'00' because this activity falls under renewal and minor amendments of existing real estate grants evidencing authority to use Government-owned real property. 26 September 2018 Lease No. DACW21-1-19-0028 Exhibit "D" JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY (ER 405-1-12) INSTRUCTIONS 1. If considered necessary, use a separate ENG Form 3143a for each room surveyed. 2. Additional sheets may be attached for physical characteristics of land and buildings: exterior and interior details of buildings; service facilities; inventory of machinery and equipment; miscellaneous items and general remarks not otherwise covered in section II of this form or on ENG Form 3143a. ADDED INSTRUCTIONS (Overprint, if desired) SECTION I - PROPERTY DATA AND CONDITION AGREEMENT DATE OF SURVEY LEASE NO. LEASE COMMENCEMENT DATE DATE POSSESSION TAKEN 2019-02-13 DACW21-1-19-0028 2019-01-01 ACTIVITY TOTAL LEASED BUILDING AREA (Square feet) Lease Renewal, Augusta-Richmond County 6,722 DESCRIPTION AND LOCATION OF PROPERTY Lease of the following property at the New Savannah Bluff Lock and Dam, Richmond County, GA: NSBA01, Entrance Sign NSBA02, Office, Hexagonal approx. 962 SF NSBA04, Information Board NSBBO1, Concrete Boat Ramp, 1 lane NSBC01/NSBCO2/NSBC03, 3 Comfort Stations, 336 SF each NSBC04, Comfort Station #4, 56 SF Pit Toilet NSBFOI/NSBF02, 726 LF of 7 Chain Link Fence; 700 LF of 4' and 5' Chain Link Fence NSBF03, Metal Double Entrance Gate, Security Light on Pole NSBMOI/NSBM02, Brick, Double Car Garage, 836 SF; Metal Garage, 390 SF MSBPO1/NSBP02, Asphalt Parking, 13,952 SY; Asphalt Road, approx. 0.75 miles, Bridge to Ramp w/Culverts NSBROI/NSBRO2/NSBRO3, 3 Picnic Shelters NSBSO1, NSBS02, Warehouse with Garage 3,200 SF; Pipe Storage Shed 189 SF NSBUO1/NSBU02, 2 Fish Cleaning Stations NSBW01, Well House 81 SF Other property includes a basketball court, 27 picnic sites with grills/ pads and tables, 8 covered picnic tables with slab, grills, tables JOINT AGREEMENT ON THE CONDITION OF THE PROPERTY We, the undersigned, jointly made a survey and inspection of the condition of the property mentioned above. We agree that as of the date of survey, the condition of the property is as described herein. THE CONDITION OF THE EXTERIOR OF THE PROPERTY IS INDICATED ON THE REVERSE NO. OF ATTACHMENTS SIDE OF THIS FORM. ROOM CONDITIONS ARE INDICATED ON ATTACHED ENG FORM 3143A. 1 NAME AND SIGNATURE OF fl OWNER NAME, TITLE, AND SIGNATURE OF U.S. GOVERNMENT REPRESENTATIVE q LESSOR/. AGENT LESSEE Darrell Bennett Susan R. Boyd Parks Maintenance Supervisor Natural Resource Program Manager '....--..-1- 3tty( q. ADDRESS ORGANIZATION J. Strom Thurmond Dam and Lake Project Savannah District ENG FORM 3143, 1 JUN 1960 (Proponent: CERE-A) DACW21-1-19-0028 Exhibit "C" Page 1 of 10 SECTION II - EXTERIOR CONDITION OF THE PROPERTY (Attach sheet for added items.) ROOF, EAVES, DOWNSPOUTS, ETC Akt Yb11-4, ck. LO'fk CC( el' \ (J- L-Vi \ dbct-e_AACrN 0 i 15 - )1) C--OK —hal) (1_0\(..,— (,...n I.\ va-i..Y.CS., 5b rY1t.. Sik-A-^r--1 aft tAlfa-ita-slocc WALLS lys(V.ko.k- SVA:V0-1- — li,--c•-k,\, \/.-tt\i-) fe_o-i. OS/U(71 at_ iin L4arCI 5 . WINDOWS AND DOORS (Include storm windows and doors) Uin &LOS 6\ L.f. 1 ,1-61e,n C\10_1(kcid-if—cht), U-) 1 %. cove/ 4... N V- \.. boo-r-ck iv e. '‘.1_4. FENCING LAWN, SHRUBBERY, TREES AND PERENNIAL Lai_ Lcti...._Dy-\f-rt,ZAAr(A. 1( tOti&-A`- 11'11-:1t("1 4. \ct8IA''') (1;IL cer&coi- S \ekAad-,,,) ').tra_nk& ( vernoka -0 itd ucukcia--N.Shk. . WALKS AND DRIVEWAYS rest o_y„,„\e c>eirv.t. ( ca h Liz 1 4 nv2 et-et. 4 C, .c - tijoAV—wo-.-y rl s( (_,cric6..\-‘13-1,n GARAGE AND OUT BUILDINGS ',-W bilAtAill6() GtAt 3D 4- 1 Oi0-6 CC ; (6 ?-iits21( (-0-1 61-i--A;(7-ik.). VaY1 A ekt v's 4( (<.., 4.- frtuiLle, LE tkVICAalu,.rkl CliikkatitiA., ,(4.-bl ..1,.(1. LSC=S A:\rNI tk-lk-OCO — (6x6el k( 1\k-- U--bY V...i. ENTRANCES, ELEVATORS AND PAT US NO SEWAGE (1,UU-11 . c..()-i-Or . REMARKS (Include questioned or disputed items, repairs to be made, etc. Attach sheet, if necessary.) (Reverse of ENG FORM 3143) DACW21-1-19-0028 Exhibit "C" Page 2 of 10 Office Building -Hexagonal DACW21-1-19-0028 Exhibit "C" Page 3 of 10 Comfort Station #1 Comfort Station #2 DACW21-1-19-0028 Exhibit "C" Page 4 of 10 Comfort Station #3 Comfort Station #4 –Pit Toilet DACW21-1-19-0028 Exhibit "C" Page 5 of 10 Fish Cleaning Station #1 Fish Cleaning Station #2 DACW21-1-19-0028 Exhibit "C" Page 6 of 10 Picnic Shelter #1 Picnic Shelter #2 DACW21-1-19-0028 Exhibit "C" Page 7 of 10 Typical Covered Picnic SiteTypical Picnic Site Picnic Shelter #3 DACW21-1-19-0028 Exhibit "C" Page 8 of 10 Double Car Garage Metal Garage DACW21-1-19-0028 Exhibit "C" Page 9 of 10 Warehouse w/Garage DACW21-1-19-0028 Exhibit "C" Page 10 of 10 Commission Meeting Agenda 9/3/2019 2:00 PM New Savannah Bluff Lock and Dam Park Lease Department:Recreation and Parks Department Department:Recreation and Parks Department Caption:Motion to extend the Lease of the New Savannah Bluff Lock and Dam Park with the United States Army. (Approved by Public Services Committee August 27, 2019) Background:The current Lease Agreement between Augusta, Georgia and the United States Army expired in December of 2018. Augusta received notice on February 26, 2019. The Recreation and Parks Department received information in March and proceeded to review the documents. The agreement was forwarded to the Law Department for review. Upon their review it was sent back to the US Army Engineer District for revisions. The document came back into our hands in late July. Analysis:With the proposed lease No. DACW21-1-19-0028, this would grant the City of Augusta through the Department of Recreation and Parks the continued authority use to operate and maintain the 50 acres more or less of Government land for park and recreational purposes. The term of this extended lease would be for ten years and expire in December 2028. The structure of the lease has remained intact and is the same in content, minus some minor verbiage changes recommended by the Law Department. This has been fully vetted by staff, the Law Department and by the United States Army. Financial Impact:There is no additional cost associated with the extension of the lease. Through the Department’s operating budget for 2019, $66,180 was allocated for this park operation. Alternatives:1. To Approve 2. To Move No Action Recommendation:1. To Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM Second Amendment Hall Marketing Contract Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the Second Amendment to the Hall Marketing Contract for a 60 day extension. (Approved by Public Services Committee August 27, 2019) Background:Airport staff solicited proposals for advertising agency services in April 2019. Responses to the solicitation were due May 30, 2019. Nine proposals were received and eight of the bidders were determined to be responsive. Augusta Richmond County Procurement staff and Airport staff have been going through the review and evaluation process. Due to scheduling conflicts for the proponent presentations and confusion by the proponents regarding the fee submittals, an agency selection has not yet been made. The Airport is in need of agency services. Since a new agency has not yet been selected, Airport Legal Counsel has recommended extending the Hall Marketing contract for an additional sixty-day period. Analysis:The Airport is in need of agency services. Since a new agency has not yet been selected, Airport Legal Counsel has recommended extending the Hall Marketing contract for an additional sixty-day period. Financial Impact:No added fee. Continuation of current contract for 60 additional days. Alternatives:To Deny Recommendation:Augusta Aviation Commission recommends approval of Second Amendment Hall Marketing Contract-60 day extension, which was approved on July 31, 2019 at the Augusta Aviation Commission. Funds are Available in the Following Accounts: Enterprise Fund 551081111-5233111-Public Relations REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission BID 19-237 Year 2020 Make Ford NO BID Model F550 Base Price (5.00)$72,932.00 Delivery Date 180 DAYS ARO TOTALS:$72,932.00 $0.00 FOR ALL DEPARTMENTS-DOME STYLE SERVICE TRUCK - BID OPENING 6/7/19 @ 11:00 Nichols Fleet, Chattanooga, TNWade Ford Inc., Smyrna, GA Invitation to Bid Sealed bids will be received at this office until Friday, June 7, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-237 2019/2020 Dome Style Service Truck, 17500 GVW – for Augusta, GA Central Services Department – Fleet Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, May 24, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of 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. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 2, 9, 16, 23, 2019 Metro Courier May 2, 2019 OFFICIAL VENDORS WADE FORD, INC 3860 SOUTH COBB DR SMYRNA, GA 30080 NICHOLS FLEET 2401 E. 31ST STREET CHATTONOOGA, TN 37407 Attachment B Yes NO BID E-Verify Number No SAVE Form Yes Exceptions Noted Yes 5.01 2019/2020 Full Size Truck $42,459.00 5.02 Heavy duty cooling package Included 5.03 Heavy duty electrical package Included 5.04 Heavy duty suspension package Included 5.05 19,000 GVW payload package Included 5.06 Trailer tow mirrors Included 5.07 Backup camera Included 5.08 Roof clearance lights Included 5.09 Black Platform Running Boards $405.00 5.10 Extra Set of Keys (3 Total)$150.00 5.11 Delivery Charge Included 6.01 Fire extinguisher – DOT approved Included 6.02 Outlet receptacle Included 6.03 Electric brake controller Included 6.04 Service Body dual rear wheel, 11 foot steel service body standard depth compartment and bin configuration Included 6.05 J-hook railing for utility service body Included 6.06 Panel top for utility service body (Double Swing Out Style)Included 6.07 Panel top for utility service body (Rollup Style)$1,793.00 6.08 Cargo Tie Downs-Installed Inside (4 each) Included Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 35 Georiga Procuremnt Registry: 271 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 1 5.00 Vehicle/Chassis Options Required 6.00 Outfitter's Specialty Items Bid Opening Item #19-237 2019/2020 Dome Style Service Truck for Augusta, Georgia- Central Services Deparmtnent - Fleet Maintenance Division Bid Due: Friday, June 7, 2019 @ 11:00 a.m. Page 1 of 2 OFFICIAL VENDORS WADE FORD, INC 3860 SOUTH COBB DR SMYRNA, GA 30080 NICHOLS FLEET 2401 E. 31ST STREET CHATTONOOGA, TN 37407 Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 35 Georiga Procuremnt Registry: 271 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 1 Bid Opening Item #19-237 2019/2020 Dome Style Service Truck for Augusta, Georgia- Central Services Deparmtnent - Fleet Maintenance Division Bid Due: Friday, June 7, 2019 @ 11:00 a.m. 6.09 Grab Handles-Mounted On Rear (2 each) Included 6.10 Service body bumper Included 6.11 Spotlights – Unity 325 or equal Included 6.12 Trailer wiring Included 6.13 Pintle hook Included 6.14 Pipe vise – Rigid model 40195, or approved equal Included 6.15 Spot mirrors – 4 inch type Included 6.16 Window tint, crew cab Included 6.17 Safety Cones (4 each)Included 6.18 Master Bar Locking System for Compartments (Both Sides)Included 6.19 Steel Drawer System (1 Set) Curbside Included 6.20 Tool Box Option $495.00 6.21 Cable Steps in Rear Included 7.01 Backup alarm Included 7.02 Magnetic LED light Included 7.03 LED top mount light Included 7.04 Traffic advisor light bar Included Year 2020 Brand Ford Model F550 Bid Price $72,932.00 Delivery Date 180 Days ARO 2019/2020 Service Truck, Dome Style, 17,500 GVW 7.00 Alert Warning Systems Page 2 of 2 Commission Meeting Agenda 9/3/2019 2:00 PM 2019 - Utilities-CM - Dome Trucks Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Utilities Department-Construction Division request to purchase of two replacement Dome Style Service Trucks at a cost of $72,932 each for a total of $145,864. Wade Ford - Bid Item 19-237 (Approved by Administrative Services Committee August 27, 2019) Background:The Utilities-Construction Division is requesting to replace two decommissioned model F-450 trucks with the Ford F-550 Dome Style Service Truck which allows for better accessibility, organization and simultaneously allows for better accountability and security of the department property. In accordance with the Fleet replacement policy, both F-450 trucks are in need of immediate consideration for replacement and have been deemed uneconomically repairable. · Asset F02059 – 17 year old truck with 124,297 miles and work orders totaling over $43,740. In April the transmission went out, the cumulative repairs exceeded the value of the vehicle and it was deemed too costly to retain. · Asset 208034 – 11 year old truck with 6,277 miles and work orders totaling over $23,933. In June the vehicle was brought to the shop with a squealing sound and diagnosed with a dry valve train, requiring a new engine and additional repairs estimated to total over $16,000. The cost to repair exceeds the value of the vehicle. The bid tab sheet for Bid 19- 237: Dome Style Service Truck is attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Dome Style Service Truck. Invitations to bid were sent to fourteen vendors to include four qualified local vendors. The vendor, Wade Ford, Inc, from Smyrna, GA was able to offer the requested product with necessary specifications. Bid 19-237: 2019/2020 Dome Style Service Truck: 2020 Service Truck, Dome Style, 17,500 GVW, Ford F-550 – Wade Ford Inc (Smyrna, GA): $72,932.00 Financial Impact:Two 2020 Ford F-550 Dome Style Service Trucks for $72,932.00 each, totaling $145,864.00 for the Utilities Department-Construction Division using Utilities account 506- 04-3410-54.22210. Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of two 2020 Ford F-550 Dome Style Service Trucks for the Utilities-Construction Division using Utilities account 506-04-3410-54.22210. Funds are Available in the Following Accounts: 506-04-3410/54-22210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM Complete Count Census Budget Department:Mayor's Office Department:Mayor's Office Caption:Motion to approve 2019 and 2020 Complete Count Census Budget in the respective amounts of $30,000 and $45,000. (Approved by Administrative Services Committee August 28, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM Economic growth in the underserved areas Department: Department: Caption:Motion to approve tasking the Administrator with setting up a meeting with Mr. Welcher, The Land Bank Authority and anyone working with economic development to meet and consider holding a workshop to discuss the lack of economic growth in the underserved areas of Augusta e.g. the James Brown Heritage Trail and James Brown Trace. (Approved by Administrative Services Committee) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM Commission Rules of Procedures Department: Department: Caption:Motion to approve that any voting member of this body can make a motion at any point without being recognized by the Chair. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM PPPM Drug Policy Department: Department: Caption:Discuss and direct Administration and Law Departments to review the city's current substance abuse policy in association with the proposed amendments to Augusta Code Section 3-7-33 Marijuana and report back in 90 days. (No recommendation from Administrative Services) Background:On August 20, 2019 the Commission approved amending Augusta Code Section 3-7-33 Marijuana to reduce the jail time from 60 days to no time and the fine from a cap of $1,000 to a cap of $150 for the first two offenses and a cap fine of $300 for the third and subsequent offenses and bringing the amended Code section back for approval. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: RESOLUTION AMENDING THE MARSHAL FEE SCHEDULE FOR SERVICE OF PROCESS IN THE CIVIL AND THE MAGISTRATE COURT OF AUGUSTA- RICHMOND COUNTY, GEORGIA WHEREAS, The Augusta, Georgia Board of Commissioners desires to set the fee schedule for court services provided by the Marshal of August Richmond County brought before the Civil Court and Magistrate Court of Augusta-Richmond County. WHEREAS, Augusta-Richmond County Marshal and Civil Court were created by the Georgia Legislature through local law in 1974. (Ga. Laws 1974, p. 2410) WHEREAS, The Augusta, Georgia County Board of Commissioners desires to set this schedule granted by the Official Code of Georgia § 15-10-80(b) which authorizes the collection of the actual costs of service of process. WHEREAS, It being determined that the current fee schedule does not recoup the actual costs incurred in the service of process. WHEREAS, The Augusta, Georgia Board of Commissioners propose that the Marshal shall charge sixty dollars ($60.00) for service of process in proceeding against tenants holding over. Further, the Augusta, Georgia Board of Commissioners propose the Marshal shall charge sixty-five ($65.00) for applying for, and executing a writ of possession in a proceeding against tenants holding over. NOW, THEREFORE, BE IT RESOLVED, that the Marshal’s fee shall be sixty ($60.00) for service of process in proceeding against tenants holding over; and BE IT FURTHER RESOLVED, that the Marshal’s fee shall be sixty-five dollars ($65.00) for applying for, executing, or applying for and executing a writ of possession in a proceeding against tenants holding over; and BE IT FURTHER RESOLVED, that this Resolution shall become effective upon final adoption, and all resolutions, policies and procedures, regulations, and parts of resolutions, policies and procedures and regulations in conflict with this Resolution are hereby repealed to the extent of the conflict. SO PASSED AND ADOPTED, this ___ day of __________, 2019. BOARD OF COMMISSIONERS OF AUGUSTA-RICHMOND COUNTY, GEORGIA By: ____________________________________ It’s Chairman Attest: _________________________________ It’s Clerk Commission Meeting Agenda 9/3/2019 2:00 PM Marshal Eviction Fee Proposal Department: Department: Caption:Motion to approve Resolution final adoption pursuant to the Home Rule Provisions of the Georgia Constitution amending the fee schedule for service of process in the Civil Court and Magistrate Court of Augusta-Richmond County, Georgia. (Approved by the Commission May 7, 2019- second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Request for Proposal Request for Proposals will be received at this office until Thursday, October 25, 2018 @ 3:00 p.m. for furnishing: RFP Item # 18-298 Fire Station Alerting System for Augusta Fire 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 viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Mandatory Pre Proposal Conference will be held on Wednesday, October 10, 2018, @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605. A Mandatory Site Visit will follow. 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 Thursday, October 11, 2018, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 60 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 10% Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and 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. 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 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 GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 13, 20, 27, October 4, 2018 Metro Courier September 13, 2018 OFFICIAL VENDORS Attachment "B" E-Verify Number Addendum 1 & 2 SAVE Form Bid Bond Original 7 Copies Fee Proposal Motorola Soutions, Inc. 1700 Belle Meade Ct. Lawerenceville, GA 30043 Yes 63100 Yes Yes Yes Yes Non Compliant Yes U.S. Digital Designs 1835 E. 6th Street #27 Tempe, AZ 85281 Yes 461391 Yes Yes Yes Yes Yes Yes Augusta Communications 113 Cherry Street Augusta, GA 30907 Pyramid Network Services 6519 Towpath Rd Syracuse, NY 13057 Westnet , Inc. 15542 Chemical Lane Huntington Beach, CA 92649 Yes 382913 Yes Yes Yes Yes Yes Yes Wilcom Electrical Systems 2042 Reflection Creek Conyers, GA 30013 APS Firehouse Alerting 1100 Business Parkway South Suite 2 Westminster, MD 21157 Yes Non- Compliant Yes Yes Yes Yes Yes Yes Upstate Wholesale Supply, Inc. dba Brite Computers 7647 Main Street Fishers Victor, NY 14564 Yes 1365083 Yes Yes Cashiers Check Yes Yes Yes Loudon Communications 5680 Stitcher CT Douglasville, GA 30134 Purvis/A3 109 Sangree Park CT Summerville, SC 29483 Purvis Systems 88 Silva Lane Middletown, RI 02842 Yes 13273 Yes Yes Yes Yes Yes Yes RM 8801 Kenamar DR San Diego, CA 92121 RFP #18-298 Fire Station Alerting System for Augusta, GA – Fire Department RFP Due: Wednesday, December 12, 2018 @ 3:00 p.m. Total Number Specifications Mailed Out: 15 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Total Nubmer Specifications Mailed to Local Vendors: Mandatory Pre Proposal Conference Attendees: 15 Total packages submitted: 6 Total Noncompliant: Page 1 of 1 Commission Meeting Agenda 9/3/2019 2:00 PM Vendor Award - RFP 18-298 Fire Station Alerting System Department:Fire Department:Fire Caption:Motion to approve the award of RFP 19-298 Fire Station Alerting System to Purvis Systems Incorporated for a total contract price of $1,099,830 and to authorize the Mayor to execute the appropriate documents.(Approved by Public Safety Committee August 27, 2019) Background:The Augusta Fire Department, through the Augusta Procurement Department RFP process, requested proposals for a fire station alerting system. Analysis:Augusta Fire Department recommends the award of RFP 18-298 Fire Station Alerting System to Purvis Systems Incorporated. After careful review and scoring of the proposals submitted to the Procurement Department in response to RFP 18-298 Fire Station Alerting System, Purvis received a passing score. The Augusta Fire Department then entered into contract negotiations with Purvis Systems Incorporated. Financial Impact:The subsequent results of contract negotiations are as follows - Purvis Systems Inc. has agreed to supply and install a fire alerting system in each of the Augusta Fire stations. The total purchase order will be for $1,099,830. Pricing includes all hardware, software, equipment and labor to install the fire alerting system. Alternatives:None at this time. Recommendation:To approve the award of RFP 19-298 Fire Station Alerting System to Purvis Systems Incorporated for a total contract price of $1,099,830 and to authorize the Mayor to execute the appropriate documents. Funds are Available in the Following Accounts: Funds in the amount of $1,099,830 are available in SPLOST 329034510-5426110 - JL 217329906 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Finance Committee Meeting Commission Chamber - 8ll3l20l9 ATTENDANCE: Present: Hons. D. Williams, Vice Chairman; M. Williams and Frantom, members. Absent: Hons. Hardie Davis, Jr., Fennoy, Chairman. FINANCE 1. Presentation of the financial report for the six month period ended June 30, Item2019. Action: Approved Motions f#:"" Motion rext Motion to approve A .^_-^_-^ receiving this item as CommissionerApprove information. Marion Williams Made By Seconded By Commisioner Sean Frantom Motion Result Passes Motion Result Motion Passes 3-0. 2. Motion to approve the minutes of the Finance Committee held on July 30, Item2019. Action: Approved Motions Motion Type Approve Made By Seconded ByMotion Text Motion to approve. Motion Passes 3-0. Commissioner Commisioner Marion Williams Sean Frantom www.augustaga.qov Passes Commission Meeting Agenda 9/3/2019 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the Finance Committee held on August 13, 2019. (No recommendation from Finance Committee August 27, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: July 10, 2019 Dr. Hameed Malik, P.E., Ph.D. Director of Engineering City of Augusta, Georgia 452 Walker Street Augusta, Georgia 30901 Re: 9th Street (James Brown Blvd) Improvements P.I. No.: # 0011419 TIA #: RC07—001218 Supplemental Agreement #1 Our File No.: 2016-0160 Dear Dr. Malik: As we have previously discussed, we are submitting a supplemental agreement to our contract now that we have verified the concept report and topographic survey basemap. Our original scope of work included scope for survey work associated with right-of-way plats, if needed. Since the proposed work is not for the right-of-way, we are submitting it as a supplemental agreement. Please find the scope of work listed below along with the additional fees. Scope of Work Cranston examined the topographical survey provided from the concept phase and found it lacked connectivity in the storm sewer and underground utilities. We attempted to supplement the data with GIS information provided by the City but still have a large section of our project that is unaccounted for. During the design of our preliminary plans, we have identified several locations where we need to verify the storm inverts and connectivity to allow for completion of our storm design. Therefore, we are proposing an expedited utility survey of the existing storm sewers at eight (8) of the intersections along the project corridor. Our survey crews will re- establish their horizontal and vertical control datum since two of the three benchmarks used for the concept have been disturbed or destroyed. Once control has been set, critical storm structure tops and inverts will be shot to verify elevations for the proposed storm system to tie into. Additional connectivity will be researched and investigated in the office and field verified to Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#371-041110-T15041218 to approve and award Preliminary and and Final Engineering Design Consultant Services Agreement to Cranston Engineering Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Design 576,923$ TIA Funds 7,900$ TIA Discretionary 22,000$ 606,823$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET CPB#371-041110-T15041218 9th Street(James Brown Blvd.) Improvements (RFP #18-171) in the amount of $29,900.00 for the 9th Street(James Brown Blvd.) Improvements project requested by AED. RFP 18-171 Funding is available in the TIA project budget: 8/16/2019 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#371-041110-T15041218 9th Street(James Brown Blvd.) Improvements (RFP #18-171) CPB AMOUNT CPB New SOURCE OF FUNDS CPB ADDITION CPB TIA Project 371-041110/5212115-T15041218 ($576,923) ($29,900) ($606,823) TOTAL SOURCES: ($576,923) ($29,900) ($606,823) USE OF FUNDS ENGINEERING 371-041110-5414210/T15041218 $576,923 $29,900 $606,823 TOTAL USES: $576,923 $606,823 8/16/2019 (SA02 – For changes greater than $25,000) August 2019 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T15041218 GDOT Number (s): RC07-001218 PI 0013703 Supplemental Agreement Number: 1 Purchase Order Number: P360121 WHEREAS, We, Cranston Engineering Group, Inc. Consultant, entered into a contract with Augusta- Richmond County on August 7, 2018 for engineering design services associated with the improvements to 9th Street (James Brown Blvd.). Project RC07-001218, PI 0013703, File Reference No. 19-014 (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 to consist of gathering additional right-of-way and subsurface utilities related data, including associated surveying efforts. It is agreed that as a result of the above described modifications the contract amount is increased by $29,900.00 from $576,922.92 to a new total of $606,822.92 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, Cranston Engineering Group, Inc. 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 Civil Services, Inc. AUGUSTA, GEORGIA Hardie Davis, Mayor Approved Date: Approved: Date: [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Commission Meeting Agenda 9/3/2019 2:00 PM 9th Street (James Brown Blvd.) Improvements Design Services Department:9th Street (James Brown Blvd.) Improvements Design Services Department:9th Street (James Brown Blvd.) Improvements Design Services Caption:Motion to approve supplemental funding (SA1) for Engineering Phases of Design Consultant Services Agreement to Cranston Engineering Group, Inc. in the amount of $29,900 for the 9th Street (James Brown Blvd.) Improvements Project as requested by the AED. RFP 18-171(Approved by Engineering Services Committee August 27, 2019) Background:The 9th Street (James Brown Blvd.) 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 9th Street is a Band 2 project. The project improvements consist of improving roadway capacity and safety by resurfacing, reconstructing the existing curb and gutter, replacing sidewalks and improving the storm water system. In August 2018, commission approved award of design phase of the project to Cranston Engineering Group. The roadway design is in progress and supplement services are warranted for gathering additional right-of-way and subsurface utilities related data, including associated surveying efforts. Analysis:On August 7, 2018 commission approved to move the project from preliminary initial concept to design and construction. The project is in design phase and supplemental professional services are needed for design completion. The purpose of this supplement is to complete design and construction plans. It is a TIA Band 2 project and construction contract shall be awarded by December 31, 2019. Financial Impact:Funds are available in the TIA project budget ($7,900) and TIA Discretionary budget ($22,000). Alternatives:1). Do not approve and find alternative to complete the project and meet TIA project completion schedule. Recommendation:Approve supplemental funding (SA1) for Engineering Phases of Design Consultant Services Agreement to Cranston Engineering Group, Inc. in the amount of $29,900 for the 9th Street (James Brown Blvd.) Improvements Project as requested by the AED. RFP 18-171. Funds are Available in the Following Accounts: Project TIA Funds ($7,900) 371041110-5414110 (JL T15041218) & TIA Discretionary ($22,000) 235041110- 5414110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Alfred Benesch & Company 1005 Broad Street, Suite 200 Augusta, GA 30901 www.benesch.com P 706-722-4114 F 706-722-6219 July 23, 2019 Augusta Engineering Department Attention: Mr. Hameed Malik, P.E., PhD. 452 Walker St., Suite 110 Augusta, Georgia 30901 Reference: East Augusta Engineering and Construction Support Proposal for Engineering and Construction Support Services (BEN #P2019015) Dear Dr. Malik: Benesch appreciates this opportunity to present a request for supplement fees to complete design of the East Augusta Phase III - Brunswick Avenue and Azealia Street and to continue to provide engineering services during the construction phase of the East Augusta Phase VIII – Marion Homes Drainage Improvements project. As discussed in our meeting on June 5, 2019, we have exhausted the original design budgets for the remaining phases of the East Augusta projects to manage construction services associated with the East Augusta Phase VIII - Marion Homes Drainage Improvements Project. The following briefly outlines our scope of services to finalize the construction plans and assist with bidding and preconstruction for East Augusta Phase III – Brunswick Avenue & Azalea Street and continued construction support services associated with East Augusta Phase VIII – Marion Homes Drainage Improvements Project. A man hour sheet is also attached. Engineering Design Services – East Augusta Phase III – Brunswick Ave. & Azealia St. Final Construction Plans · Benesch will finalize construction and erosion and sedimentation control drawings. o Drawings are bring converted to new design standards. · Incorporate utility relocation plans provided by utility owners. · Provide opinion of probable construction cost. Bidding and Pre-Construction · Coordinate delivery of all bid documents with City of Augusta Purchasing Department. · Attend pre-bid, bid opening and pre-construction meetings. Construction Support Services Field Engineering · Through construction of the Marion Homes Drainage and Roads Improvement Project we will continue to respond to requests for information, identify potential conflicts, and address any outstanding project items. Additionally, as requested, we will provide field engineering services to address conflict resolution and design modifications. Time commitments for construction support services are based upon the following: o 45 weekly construction meetings and miscellaneous inspections o Project Manager (2 hrs. / week) o Construction Inspector (4 hrs. / week) Erosion Control Measures Inspections · Complete inspections of the erosion control measures per the NPDES permit requirements. o Inspection of final stabilization of permanent grassing. Time Frame & Schedule We understand that the East Augusta Phase III project is scheduled to go to bid this Summer. We have currently been working to submit final construction plans for review to the Augusta Engineering Department by July 31st. Regarding construction support services, Benesch will continue to provide field engineering services as requested. As of this time there are approximately 45-weeks remaining in the construction contract. Completion of Services & Additional Services We respectfully propose to work on an hourly rate basis against the following not to exceed fee lump sum. The lump sum fees are proposed given the assumed scope of work and professional time commitments noted above. We will not provide services exceeding this amount without written authorization from the Augusta Engineering Department. Monthly invoices will include a detailed breakdown of all time dedicated to the project. · Engineering Design Services East Augusta Phase III $ 19,200.00 · Construction Support Services $ 33,895.00 · Total Design and Engineering Support Services: $ 53,095.00 The proposed scope of work excludes the following services. Should these or other professional services be required, Benesch will respectfully provide a supplemental proposal based on a mutually established scope of work. · Environmental Site Assessments / Environmental Permitting (NEPA, etc.) · NPDES Stormwater Sampling and Testing · Construction Materials Testing Again, thank you for this opportunity to submit a request for supplemental fees. Should you have any questions, please do not hesitate to contact our office. Sincerely, Alfred Benesch & Company Victor Conover, P.E., C.F.M. Project Manager Attachments: Man-hour/Fee Estimate (2 Pages) 7/3/2019 Augusta, Georgia Augusta Engineering Department East Augusta Engineering and Construction Support P2019015 Item/ Task Description Pr i n c i p a l - I n - C h a r g e Sr . P r o j e c t M a n a g e r Pr o j e c t M a n a g e r Se n i o r D e s i g n e r De s i g n e r CA D D e s i g n e r Ad m i n To t a l Engineering Design Services Final Construction Plans Construction Plans 8 10 60 78 Update construction plans per utility comments 2 10 20 32 Finalize Erosion Control Plans 2 10 30 42 Quantity Takeoff/Cost Estimate 4 20 24 0 Bidding and Pre-Construction Attend Pre-bid Meeting - Address Technical Questions 4 8 12 Attend Bid Opening - Review Bids 4 4 8 Attend Pre-Construction Meeting - Meeting Minutes 8 8 0 0 0 0 0 0 0 Total 0 0 32 58 0 110 4 204 Personnel Est. Hours Rate/Hour Cost ($) Totals Division Manager 0 $235.00 $0.00 Sr. Project Manager 0 $195.00 $0.00 Project Manager 32 $145.00 $4,640.00 Senior Designer 58 $105.00 $6,090.00 Designer 0 $95.00 $0.00 CAD Designer 110 $75.00 $8,250.00 Admin 4 $55.00 $220.00 Total per Rate Schedule $19,200.00 $19,200.00 Subconsultant Costs Number Rate Est. Cost ($) Total Subconsultant Costs $0.00 Total Proposed Fees $19,200.00 Date: Project Location: Owner: Project Name: Benesch Proposal #: 6/25/2019 Augusta, Georgia Augusta Engineering Department East Augusta Engineering and Construction Support P2019015 Item/ Task Description Pr i n c i p a l - I n - C h a r g e Sr . P r o j e c t M a n a g e r Pr o j e c t M a n a g e r Se n i o r D e s i g n e r De s i g n e r CA D D e s i g n e r Ad m i n To t a l Engineering and Construction Support Construction Services Construction Support - Conflict Design Management (Assume 45 Weeks)90 180 45 315 Final Stabilization Inspection 8 2 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 98 0 180 0 47 325 Personnel Est. Hours Rate/Hour Cost ($) Totals Division Manager 0 $235.00 $0.00 Sr. Project Manager 0 $195.00 $0.00 Project Manager 98 $145.00 $14,210.00 Senior Designer 0 $105.00 $0.00 Designer 180 $95.00 $17,100.00 CAD Designer 0 $75.00 $0.00 Admin 47 $55.00 $2,585.00 Total per Rate Schedule $33,895.00 $33,895.00 Subconsultant Costs Number Rate Est. Cost ($) Total Subconsultant Costs $0.00 Total Proposed Fees $33,895.00 Date: Project Location: Benesch Proposal #: Owner: Project Name: Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET EAST AUGUSTA STREET AND DRAINAGE IMPROVEMENTS Capital Project Budget is hereby authorized: Section 1: This project is authorized to CPB#328-041110-211828101. This project proposes to award Design Consultant Services Supplemental Agreement Three in the amount of $53,095 for the to Alfred Benesch & Company (formally WR Toole Engineers). Funds are available in the construction Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Urban Phase III Recapture $500,000 GDOT STATE AID CONTRACT $450,000 SPLOST PHASE VI $4,133,563 SPLOST IV Fund Balance $1,781,597 SPLOST VII $3,586,980 SPLOST VII $53,095 $10,505,235 Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved ____________________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#328-041110-211828101 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Honorable Hardie Davis, Jr., Mayor East Augusta Roadway and Drainage and Improvements Project (Marion Homes SPLOST VII), budget account #: East Augusta Street and Drainage Improvement Project 328-041110-211828101. 1 of 2 08.16.2019 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET EAST AUGUSTA STREET AND DRAINAGE IMPROVEMENTS CPB#328-041110-211828101 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB URBAN SPLOST PHASE III RECAPTURE 327-041110-296812333 ($500,000)($500,000) GDOT STATE AID CONTRACT ($450,000)($450,000) SPLOST PHASE VI ($3,200,000)($3,200,000) 328-041110-5414110-211828101 ($933,563)($933,563) SPLOST PHASE VI 328-041110-5414110-211828102 SPOLST IV FUND BALANCE ($1,781,597)($1,781,597) SPLOST PHASE VII ($3,586,980) ($53,095) ($3,640,075) TOTAL SOURCES:($10,452,140) ($53,095) ($10,505,235) USE OF FUNDS ENGINEERING 327-04-1110-5212115-209812101 $950,000 $950,000 ENGINEERING 328-04-1110-5212115-211828101 328-04-1110-5414110-211828102 $3,200,000 $3,200,000 ROADS 328-041110-5414110/211828101-5414110 $1,781,597 $1,781,597 ROADS 329-041110-5414110/217829109-5414110 $3,586,980 $53,095 $3,586,980 328-041110-5414110-211828102 $933,563 $933,563 TOTAL USES:$10,452,140 $53,095 $10,505,235 2 of 2 08.16.2019 AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT (SA02 – For changes greater than $20,000) August 2019 WHEREAS, We, W. R. Toole Engineers., entered into a contract with Augusta-Richmond County on March 17, 2009, for Engineering Design Services for East Augusta Roadway & Drainage Improvement Project, File Reference No. 09-014 (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: Engineering Design Services – East Augusta Phase III – Brunswick Ave & Azaelia St and continued construction support services associated with East Augusta Ph VIII It is agreed that as a result of the above described modification the contract amount is increased by $53,095.00 from $1,062,612.00 to a new total of $1,115,707.00. 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, W.R. Toole Engineers, 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 _____________, 2019. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY W. R. TOOLE ENGINEERS, INC., AUGUSTA, GEORGIA Mayor Hardie Davis, Jr. Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: ____________________________ Title: ____________________________ Augusta Richmond County Project Number(s): 328-041110-211828101 Supplemental Agreement Number: 3 Purchase Order Number: 163878 Commission Meeting Agenda 9/3/2019 2:00 PM East Augusta Roadway and Drainage Improvements Department:Engineering Department:Engineering Caption:Motion to approve funding for Design Consultant Services Supplemental Agreement Three to Alfred Benesch & Company (formally WR Toole Engineers) in the amount of $53,095 for the East Augusta Roadway and Drainage Project as requested by the AED. RFQ 06-202 (Approved by Engineering Services Committee August 27, 2019) Background:The East Augusta Street and Drainage Improvement project is an identified and partially funded project to address flooding and associated roadway improvements in the East Augusta area bounded by East Boundary Street, the Levee, I-520 and Laney Walker Blvd. The project consists of eight (8) phases. The current status of the project is: design for all phases completed and Phases 1 & 2 are constructed. Phase VIII (Marion Homes) is under construction and Phase III (Brunswick Ave. & Azealia St.) is ready to let. Construction phase of Phase III improvements requires creation of final construction plan and construction filed engineering support services for reviewing design related various submittals/request for information to be reviewed and approved that warrants design engineer services. Analysis:On March 3, 2009 approved award of design phases of the project to WR Toole Engineers (now Alfred Benesh & Company). The project phase III design is complete and ready for construction. This supplemental agreement covers services preparation of final construction plans and during construction bidding and construction phase for contractor request for field information, utility conflicts assessment & resolution, field engineering, and attending construction progress meetings. Financial Impact:Funds are available in Project SPLOST VII funds. Alternatives:1). Do not approve and find alternative to complete the project. Recommendation:Approve funding for Design Consultant Services Supplemental Agreement Three to Alfred Benesch & Company (formally WR Toole Engineers) in the amount of $53,095 for the East Augusta Roadway and Drainage Project as requested by the AED. RFQ 06-202. Funds are Available in the Following Accounts: SPLOST FUNDS: 329-041110-5414110 / 217829109-5414110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission All Pond marketing materials are printed on papers containing post-consumer recycled fibers and are FSC Certified. July 19, 2019 Hameed Malik, Ph.D., P.E. Director, Augusta Engineering Department 452 Walker St., Suite 100 Augusta, GA 30901 Re: Proposal to Provide Streambank Stabilization Design Services and Constraint Review – Concept Phase Project Area: Morningside Drive Dr. Malik, Pond is excited to deliver this scope of work and fee estimate to provide desktop study and survey review, concept design, and constraint review/permitting analysis related to the proposed stabilization of the unnamed perennial tributary to Raes Creek/Lake Olmstead located west of Morningside Drive. The project area or stream reach considered in this proposal is limited to the channel located between Morningside Drive and John C. Calhoun Expressway. Task 1 – Desktop Study and Reference Reach Survey Pond will complete a thorough review of information to be provided by the City (e.g., topographic survey, previous design plans & CAD, previous permit application packages, etc.). Pond will complete a desktop analysis of the project and vicinity including review of historic aerials, topography, and hydrography of the site to understand changes in the watershed and landuse that may have affected the stream over time. Because the City has already acquired topographic survey, Pond will not need to obtain additional survey for this exercise. Pond will conduct a reference reach survey which is necessary to develop appropriate natural channel design criteria. Task 2 – Concept Design Pond will produce up to three (3) concept designs (layout and profile) based on information provided by the City, the site visit (conducted July 15th, 2019), and the findings of Task 1. The concept depict general bank stabilization techniques for the stream reach and will be produced in AutoCad. Rough Order of Magnitude design and construction costs will be provided. Pond will deliver the concept designs electronically as well as on large full-size prints (one copy). Task 3 – Constraint Review & Permitting Analysis Pond will provide a constraint review and permitting analysis that identifies major challenges or requirements that would need to be addressed as part of any future project (e.g., land/property needs, public outreach, utility conflicts, permitting, etc.). This includes review of the previous permit applications and discussion with USACE | Page 2 regulators to determine their interests or concerns with the previous project design. Pond would conclude this task with a written summary report. Task 4 – In-person Concept Review Meeting Pond’s Project Manager and lead stream designer will participate in an in-person review meeting at the City office to discuss the concept design, constraints, and path forward. Fees per Task Pond proposes to complete the professional services specifically stated above for the lump-sum fees listed below: Task I – Desktop Study and Survey Review $2,500 Task 2 – Concept Design $4,000 Task 3 – Constraint Review & Permitting Analysis $1,200 Task 4 – In-person Review Meeting $2,000 Total Fee: $9,700 Conditions of Service 1. This fee does not include: engineering design beyond concept streambank stabilization layout and profile; hydraulics and hydrology studies; field studies; Phase I/II Environmental Site Assessment; inperson meetings with regulators; or permit preparation. Pond assumes that any necessary public outreach or land access permissions would be conducted by the City. 2. Services not specifically included in the proposal, or material changes requested after professional services have commenced, will be considered additional/out of scope services and will be approved via a contract change order prior to commencement of the additional work. Schedule The concept design and summary report would be delivered within 30 days of NTP. The City would provide the existing survey data, previous design files, and previous permit applications prior to or concurrent with NTP. We appreciate your time and consideration in reviewing our proposal. If you have any questions or require further information, please contact me at 706.255.0852 or martingi@pondco.com. Sincerely, Pond Glenn Martin, PWS, CE Environmental Project Manager All Pond marketing materials are printed on papers containing post-consumer recycled fibers and are FSC Certified. July 19, 2019 Hameed Malik, Ph.D., P.E. Director, Augusta Engineering Department 452 Walker St., Suite 100 Augusta, GA 30901 Re: Proposal to Provide Streambank Stabilization Design Services and Constraint Review – Concept Phase Project Area: Sandpiper Lane Dr. Malik, Pond is excited to deliver this scope of work and fee estimate to provide desktop study and survey review, concept design, and constraint review/permitting analysis related to the proposed stabilization of the unnamed perennial tributary to Cranes Creek located between Sandpiper Lane and Ravenwood Drive. The project area or stream reach considered in this proposal is approximately 1,500 linear feet in length. Task 1 – Desktop Study and Field Survey, Pond will complete a thorough review of information to be provided by the City (e.g., LIDAR). Pond will complete a desktop analysis of the project and vicinity including review of historic aerials, topography, and hydrography of the site to understand changes in the watershed and landuse that may have affected the stream over time. Because current field-run topo does not exist for this stream reach, Pond will conduct an existing conditions survey of the stream channel. Pond will also conduct a reference reach survey which is necessary to develop appropriate natural channel design criteria. Task 2 – Concept Design Pond will produce one (1) concept design (layout and profile) based on information provided by the City, the site visit (conducted July 15th, 2019), and the findings of Task 1. The concept will depict general bank stabilization techniques for the stream reach and will be produced in AutoCad. Rough Order of Magnitude design and construction costs will be provided. Pond will deliver the concept design electronically as well as on large full-size prints (one copy). Task 3 – Constraint Review & Permitting Analysis Pond will provide a constraint review and permitting analysis that identifies major challenges or requirements that would need to be addressed as part of any future project (e.g., land/property needs, public outreach, utility conflicts, permitting, etc.). Pond would conclude this task with a written summary report. | Page 2 Task 4 – In-person Concept Review Meeting Pond’s Project Manager and lead stream designer will participate in an in-person review meeting at the City office to discuss the concept design, constraints, and path forward. Fees per Task Pond proposes to complete the professional services specifically stated above for the lump-sum fees listed below: Task I – Desktop Study and Survey Review $5,500 Task 2 – Concept Design $6,000 Task 3 – Constraint Review & Permitting Analysis $800 Task 4 – In-person Review Meeting $2,000 Total Fee: $14,300 Conditions of Service 1. This fee does not include: engineering design beyond concept streambank stabilization layout and profile; hydraulics and hydrology studies; field studies; Phase I/II Environmental Site Assessment; inperson meetings with regulators; or permit preparation. Existing conditions survey is limited to the stream channel and does not include survey of fences, structures, utilities, topography, etc. Pond assumes that any necessary public outreach or land access permissions would be conducted by the City. 2. Services not specifically included in the proposal, or material changes requested after professional services have commenced, will be considered additional/out of scope services and will be approved via a contract change order prior to commencement of the additional work. Schedule The concept design and summary report would be delivered within 30 days of NTP. The City would provide the existing relevant information prior to or concurrent with NTP. We appreciate your time and consideration in reviewing our proposal. If you have any questions or require further information, please contact me at 706.255.0852 or martingi@pondco.com. Sincerely, Pond Glenn Martin, PWS, CE Environmental Project Manager REQUEST FOR QUALIFICATIONS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR STREAMBANK STABILIZATION DESIGN, PERMITTING and CONSTRUCTION AREA-WDIE WATERSHED MANGEMENT PROJECT AUGUSTA, GA AUGUSTA ENGINEERING DEPARTMENT PROJECT SCOPE & ISSUES Augusta, GA Engineering Department is currently requesting specific professional services from qualified professional firms with experience in streambank stabilization and associated regulatory permitting to develop comprehensive stream bank restoration program including evaluation of existing conditions and contributing factors, design standards, warranted improvements design and construction plans, and engineering probable opinion of construction cost. 1. PROJECT OBJECTIVE The objective of Stream Bank Restoration and Improvements project in areas experiencing localized property damages is to implement control measures and improvements that mitigate the failing banks conditions in these areas and restore these banks in ecofriendly manner. Due to lack of area specific contributing factors information, specific improvements cannot be identified without detail analysis of geomorphological and hydrological condition at impacted segment of the creek. Therefore, we understand that this project, and subsequently our scope of work, will be structured accordingly. Work will be released as Task Order and completed in various phases depending size of drainage area of the designated area and construction funding allocation. Augusta Engineering may select up to three qualified firms under this RFQ. 2. CRITICAL EXPERIENCE: The proposed team should demonstrate their capacity for success on projects involving restoration and naturalization of stream systems in Southeast, preferably in Georgia and Carolina area. The assigned team must have a strong understanding, and success in the application of the underlying principles of stream bank restoration using a combination of engineered and bioremediation techniques. Specific desired qualifications include:  An understanding of waterbody flow processes and the application of fluvial geomorphology and restoration principles  An understanding of waterbody ecology and ecosystem-based habitat restoration  An understanding of engineering aspects of waterbody alluvial geomorphology and ecology, and the application of engineering services to stream restoration with specific focus on development of bioengineered/vegetative stabilization and stream bank restoration practices  Experience developing concept, preliminary design and construction plans for stream bank restoration projects  Experience conducting sediment management analysis  Successful preparation of federal and state permit applications and approvals, and associated plans for stream restoration projects  A demonstrated ability to meet project goals within the projected timeline The selected consultant may be asked to provide some or all of the following services to analyze and document existing and future flooding problems, and potential solutions to noted drainage problems within the areas defined under released Task Order. 3. PROJECT SCOPE OF SERVICES: The project scope of work shall include the following: • Assessment of available relevant studies and data. • Data collection including survey, as required, to verify existing conditions and drainage conveyance system. • Detailed analysis of known and potential stream banks failing issues. • Preparation of an overall stream bank restoration plan for the selected service area. • Preparation of phased Improvements Construction Plan that includes budget estimates for proposed improvements. • Recommended prioritization of phased construction. Alternative Analysis and Findings: 1. Create an alternatives analysis for problem area remedy. 2. Create Summary Report of findings 3. Summary of the existing drainage system; 4. List of priority projects The selected firm will prepare recommendations to proactively protect property damage from stream erosion and other threats. Recommendations could include feasibility studies, detailed construction drawings, and specifications for stream bank stabilization; stream restoration; Stream work will be completed using natural channel design where feasible. All designs must comply with the requirements of local, state (GA EPD), and federal (USACE Savannah District) regulatory agencies. 4. SELECTION CRITERIA: The Selection Team will only consider those firms who are able to demonstrate the following qualification requirement(s): A. Specialized experience of firm and related experience on projects of similar scope. B. Expertise in urban stream and stream bank restoration design and regulatory permitting. C. Past performance by the lead consulting firm, sub-consultants, and their employees on similar projects. D. Adequate staff with applicable and specialized expertise within the lead consulting firm and all sub-consultants, and current workload. E. Proposed project approach, including design team and sub-consultants; team organization and structure; proposed schedule; and understanding of Project objectives. F. Recent experience with maintaining schedules and budgets on relevant projects, demonstrating expertise in cost control, quality of work, and ability to meet schedules, and record of successfully completed projects without major legal or technical problems. G. Demonstrated experience conducting public meetings. H. Other factors relevant to the Project, including previous client satisfaction level. I. Understanding of the area and context where the project is located. 5. SUBMITTAL REQUIREMENTS: Submittals of Firm information and qualifications should be no more than ( 15) pages in length (exclusive of cover and index sheets) and should include the following information. A. Cover Letter The cover letter may be up to two pages, and should identify the Prime Firm and all firms proposed for the team. Include a contact telephone number and email address in the event the project manager needs to share follow-up information. The letter must be signed and dated by an official authorized by the prime consultant. B. Company Qualification The section should demonstrate the firm’s overall qualifications to fulfill the requirements of the scope of work along with the following: 1. Project understanding. 2. Summary of team organization. 3. Approach to Scope of Work including proposed deliverables. The approach should be responsive to the items presented in this RFQ, but can be enhanced where it can be shown that doing so benefits the project. 4. Proposed timeline and deliverables schedule, with interim dates or deliverables, demonstrating an understanding of any federal, state, and local reviews required. The timeline shall commence as shown in the Submission Schedule and Key Dates. C. Team Qualifications The Team Qualifications section should elaborate on the general information presented in the introduction to establish the credentials and experience of the prime consultant and its team to undertake this type of project. The following must be included: 1. Team Organization Chart showing all firms, contractual relationship between firms, and names of specific staff proposed for this project, including their titles. 2. Identify a minimum of five similar projects the firm, acting as prime contractor, has conducted which demonstrate its ability to conduct and manage the project. Examples should have been completed within the past seven years. Provide a synopsis of each project and include the name of the project, project location, client name, date completed, amount of the firm’s contract, and contact person. 3. If sub-consultants are involved, provide corresponding information describing their qualifications as requested in paragraph two above. All sub-consultants shall also show a minimum of three similar projects completed in the past seven years. D. Team Experience The Team Experience section must provide the professional credentials and experience of the persons assigned to the project. Although standard resumes may be included, identify pertinent team experience to be applied to this project. Specifically, the City is interested in the experience, expertise, and total quality of the consultant’s proposed team. If principals of the firm will not be actively involved in the project, do not list them. The submittal shall clearly indicate the Project Manager, and other key team members, and their qualifications. The following must be included: 1. Complete description of team organization including identification of the Project Manager, key personnel, office location, and roles and responsibilities of all sub-consultants. 2. Responsibilities to be fulfilled by each team member assigned to the Project. The description of responsibilities shall include an estimated percentage of the total project that is to be completed by each individual team member. 4. Ability of all sub-consultants to provide and maintain a local presence during the course of the Project. At a minimum, the Project Manager shall demonstrate availability for numerous coordination meetings that will take place in Augusta. 5. Current workload and firm/team capacity. E. Technical Approach The Technical Approach section must provide information on the consultant’s understanding an approach to accomplishing the Project. The following must be included: 1. Project approach 2. Understanding of the area where the project is located 3. Approach to public outreach and public relations 4. Process for evaluation of alternatives, identifying permits and permit agencies, site and environmental analysis, if applicable 5. Knowledge and specific experience in stream and stream bank restoration design and construction practices 6. Management tools, techniques, and procedures used to maintain project schedules F. References The consultant must provide a minimum of three references which the City may contact regarding qualifications and past performance. All three references must be familiar with projects for which members of the submittal team have participated, including the designated Project Manager. Sub-consultants shall provide a minimum of two references. 1. Name of Organization and Contact 2. Title of Contact 3. Address (delivery and email) 4. Telephone Numbers 6. EVALUATION CRITERIA: Evaluation Process All Qualifications will be evaluated by an Augusta, Georgia Selection Committee (Committee). The Committee may be composed of Augusta, Georgia staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the Qualifications shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Augusta, Georgia Procurement Office only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer. The Committee will evaluate each proposal meeting the qualification requirements set forth in this RFQ. Proposers should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of Augusta, Georgia’s requirements as set forth in this RFQ. If needed, the selection process will include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. Cumulative Scores will include the totals from Phase 1 – items 1 through 10. It is the intent of the Owner to conduct a fair and comprehensive evaluation of all Qualifications received. The contract for this project/service will be awarded to the proposer who submitted a proposal that is most advantageous to the Owner. Evaluation Criteria Qualifications will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A proposal with a high weighted total will be deemed of higher quality than a proposal with a lesser- weighted total. The final maximum score for any project/service is five hundred (500) points. Rating Scale 0 Not Acceptable Non-responsive, fails to meet RFQ specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of proposal. 1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project/service objectives per RFQ. 2 Fair Has a reasonable probability of success, however, some objectives may not be met. 3 Average Acceptable, achieves all objectives in a reasonable fashion per RFQ specification. This will be the baseline score for each item with adjustments based on interpretation of proposal by Evaluation Committee members. 4 Above Average/Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFQ requirements and expectations. 5 Excellent/ Exceptional Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFQ specification. 1. Completeness of Response (Pass/Fail) a. Responses to this RFQ must be complete. Responses that do not include the proposal content requirements identified within this RFQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location or returned to the vendor (at vendor’s expense). Please provide shipping instructions and/or fees upon the completion of the competitive process. Conflict of Interest Statement (Pass/Fail) b. Discloses any financial, business or other relationship with the Augusta, Georgia that may have an impact upon the outcome of the contract or the construction project/service. c. Lists current clients who may have a financial interest in the outcome of this contract or the construction project/service that will follow. d. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project/ service. 2. Qualifications & Experience (15 points) a. Relevant experience, specific qualifications, and technical expertise of the firm and sub- consultants/proposers to conduct the required services as listed in this RFQ and adhering to all required license requirement for federal, state and local services. 3. Organization & Approach (20 points) a. Describes familiarity of project/service and demonstrates understanding of work completed to date and project/service objectives moving forward b. Roles and Organization of Proposed Team i. Proposes adequate and appropriate disciplines of project/service team. ii. Some or all of team members have previously worked together on similar project/service(s). iii. Overall organization of the team is relevant to Augusta, Georgia needs. c. Project and Management Approach i. Team is managed by an individual with appropriate experience in similar project/services. This person’s time is appropriately committed to the project/service. ii. Team successfully addresses all requirements of this RFQ. iii. The team and management approach responds to project/service issues. Team structure provides adequate capability to perform both volume and quality of needed work within project/service schedule milestones. d. Roles of Key Individuals on the Team i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project/service. ii. Key positions required to execute the project/service team’s responsibilities are appropriately staffed. e. Working Relationship with Augusta, Georgia i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process. ii. Team leadership understands the nature of public sector work and its decision-making process. iii. Proposal responds to need to assist Augusta, Georgia during the /service. 4. Scope of Services to be Provided (15 points) a. Detailed Scope of Services to be Provided i. Proposed scope of services is appropriate for all phases of the work. ii. Scope addresses all known project/service needs and appears achievable in the timeframes set forth in the project/service schedule. b. Project Deliverables i. Deliverables are appropriate to schedule and scope set forth in above requirements. c. Cost Control and Budgeting Methodology i. Proposer has a system or process for managing cost and budget. ii. Evidence of successful budget management for a similar project/service. 5. Schedule of Work (10 points) a. Schedule shows completion of the work within or preferably prior to the Augusta, Georgia overall time limits as specified in the RFQ. b. The schedule serves as a project/service timeline, stating all major milestones and required submittals for project/service management and applicable law compliance. c. The schedule addresses all knowledgeable phases of the project/service, in accordance with the general requirements of this RFQ. d. Provide a Time-Logic Scale Critical Path Method (CPM) schedule with start and finish dates. 6. Proximity to Area (10 points) a. Within Richmond County 10 points b. Within CSRA 8 points c. Within Georgia 6points d. Within SE United States (includes AL, TN, NC, SC, FL) 4 points e. All Others 2 points 7. References (5 points) 8. Financial and equipment statements 9. Presentation by Team (10 points) (Optional) a. Team presentation conveying project/service understanding, communication skills, innovative ideas, critical issues and solutions. b. of at least three (3) agencies you currently or have previously Presentation by Team (10 points) (Optional) c. Team presentation conveying project/service understanding, communication skills, innovative ideas, critical issues and solutions. d. Consulted for in the past three (3) years. 10. Q&A Response to Panel Questions (5 points) (Optional) a. Proposer provides responses to various interview panel questions. Augusta, Georgia reserves the right to reject any or all RFQs, waive irregularities in any statement, accept or reject all or any part of any statement, waive any requirement of the proposals, and re-advertise as may be deemed in the best interest of Augusta, Georgia. The Owner also maintains the right to negotiate with any firm, as necessary, to serve the best interests of Owner. The Owner will not be liable for any costs incurred by the firm prior to the signing of a contract. Weighted scores for each Proposal will be assigned utilizing the table below: Phase 1 No. Evaluation Criteria Rating (0-5) Weight Score (Rating * Weight) 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/Fail 2 Qualifications & Experience 15 3 Organization & Approach 20 4 Scope of Services The project scope of work shall include the following: • Assessment of available relevant studies and data. • Data collection including survey, as required, to verify existing conditions and drainage conveyance system. • Detailed analysis of known and potential stream banks failing issues. • Preparation of an overall stream bank restoration plan for the selected service area. • Preparation of phased Improvements Construction Plan that includes budget estimates for proposed improvements. • Recommended prioritization of phased construction. 15 5 Schedule of Work 10 6 Proximity to Area 10 7 References 5 8 Financial and Equipment statements 10 (Optional – Numbers 9 and 10) Rating (0-5) Weight Score (Rating * Weight) 9 Presentation by Team 10 10 Q&A Response to Panel Questions 5 Total: 100 Qualifications will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A proposal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any project/service is five hundred (500) points. Commission Meeting Agenda 9/3/2019 2:00 PM Engineering Services for Streambank Stabilization Design, Permitting and Construction Department:Engineering Department:Engineering Caption:Motion to approve Initial Phase funding for Streambank Stabilization Design, Permitting and Construction Engineering Services Agreement to Pond & Company in the amount of $14,300 for Sandpipe Lane Site and $9,700 for Morningside Drive Site as requested by the AED. RFQ 19-152 (Approved by Engineering Services Committee August 27, 2019) Background:Streambank erosion and failure are noted county-wide and its impact has negative impact on adjacent properties. The objective of Stream Bank Restoration and Improvements project in areas experiencing localized property damages is to implement control measures and improvements that mitigate the failing banks conditions in these areas and restore these banks in an ecofriendly manner. On May 7, 2019 Commission approved award of Streambank Stabilization Design, Permitting and Construction Engineering Services Agreement to three qualified firms including Pond & Company. W ork is released as Phased Task Order. Analysis:Due to lack of area specific contributing factors information, specific improvements cannot be identified without detail analysis of geomorphological and hydrological condition at impacted segment of the creek. Requested funding approval is for Task Order one – Initial Phase services at two sites; Sandpipe Lane site and Morningside Drive. Services are provided by Pond & Company. Financial Impact:Stormwater Utility Funds. Alternatives:1). Do not approve and find alternative to address county-wide streambank restoration needs. Recommendation:Approve Initial Phase funding for Streambank Stabilization Design, Permitting and Construction Engineering Services Agreement to Pond & Company in the amount of $14,300 for Sandpipe Lane Site and $9,700 for Morningside Drive Site as requested by the AED. RFQ 19-152 Funds are Available in the Following Accounts: Stormwater Utility Funds 581-044320-5211120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AU G U S T A U T I L I T I E S D E P A R T M E N T 45 2 W A L K E R S T R E E T , S U I T E 2 0 0 AU G U S T A , G A 3 0 9 0 1 GM C E n g i n e e r i n g S e r v i c e s on F o r t G o r d o n Ma p Commission Meeting Agenda 9/3/2019 2:00 PM Engineering Services for Utilities Department Projects on Fort Gordon Department:Utilities Department:Utilities Caption:Motion to accept proposal from Goodwyn, Mills and Cawood, Inc. (GMC) to provide engineering and construction services for Utilities Department’s Fort Gordon Screening and Equalization Improvements project, Irrigation Water Treatment Plant Valve Actuation Improvements project and Cross Basin Lift Station and Force Main project in the amount of $126,120. (Approved by Engineering Services Committee August 27, 2019) Background:Augusta Utilities Department (AUD) is the contracted water, sanitary sewer, and non-potable irrigation utility provider for Fort Gordon. Fort Gordon is undergoing a post-wide transformation with new construction and renovation programs as the Cyber Center of Excellence. Fort Gordon’s growth is driving numerous AUD water and sanitary sewer capital projects. Goodwyn, Mills and Cawood, Inc. (GMC) is well suited to perform the mechanical, instrumentation and control, and electrical scopes on these projects. Furthermore, GMC’s services on these projects would help AUD’s management and inspection workload regarding the large number of construction projects on Fort Gordon. Thus, AUD requests GMC perform design and construction services on following projects. GMC proposes to complete bid documents and perform construction services for the Screening and Equalization Improvements project at the Fort Gordon Siphon. This project would construct piping from the existing Equalization Tank to three currently mothballed digester tanks on site. This would add one million gallons equalization tankage capacity. The project also adds screens to the two siphon influent locations to reduce debris entering the siphon, which will improve siphon operations. GMC proposes to design and perform construction services for Fort Gordon Irrigation Water Treatment Plant (IWTP) Valve Actuation Improvements. This project would replace 16 pneumatic actuated valves with electrically actuated valves. This improvement would complete the plant valve actuator conversion from air to electric. GMC proposes to provide construction services on the Cross Basin Lift Station and Force Main project. This project will manage Fort Gordon’s increasing wastewater flow by rerouting more flow to AUD’s Butler Creek Sanitary Sewer Interceptor. GMC performed the design and their proposal to perform construction services would be very efficient for the project. The cost for GMC to provide engineering services will be recovered within AUD’s budget paid by Fort Gordon. Analysis:Based upon their qualifications as preapproved consultants under RFQ #18-132 Engineering Consultant Services for Utilities, the Utilities Department recommends contracting with Goodwyn, Mills and Cawood, Inc. to perform engineering and construction services for the Fort Gordon projects. Utilities Department requests approval in the amount of $126,120.00 to fund the proposed services. Financial Impact:$126,120.00 funding is available from the following accounts: 507043490-5212115/88888888-5212115. Alternatives:No alternatives are recommended. Recommendation:Recommend approval for Utilities Department to contract with Goodwyn, Mills and Cawood, Inc. for the proposed services in the amount of $126,120.00. Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043490- 5212115/88888888-5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM Georgia Power Amendment to Governmental Encroachment Agreement 30894 Department:Augusta Utilities Department:Augusta Utilities Caption:Motion to approve an amendment to the Georgia Power Governmental Encroachment Agreement for Easement #30894. (Approved by Engineering Services Committee August 27, 2019) Background:On September 19, 2006, Augusta entered into a Governmental Encroachment Agreement, with Georgia Power, for the Rocky Creek Sanitary Sewer Project. Since that time, the project has been changed, from a gravity sanitary sewer to a force main. This necessitated a change to the area needed, in the original agreement, so that a lift station could be incorporated. Analysis:Georgia Power has agreed to the new design and, by this amendment, establishes the new area, to be used, for the project. Financial Impact:None Alternatives:Deny approval for the amendment to the Georgia Power Governmental Encroachment Agreement for Easement #30894. Recommendation:Approve the amendment to the Georgia Power Governmental Encroachment Agreement for Easement #30894. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM Georgia Vitrified Brick & Clay Easement Exchange Department:Augusta Utilities Department:Augusta Utilities Caption:Motion to approve an Easement Abandonment and Deed of Dedication for New Easement with Georgia Vitrified Brick and Clay.(Approved by Engineering Services Committee August 27, 2019) Background:In 2003, the Augusta Utilities Department acquired a sanitary sewer easement, from Georgia Vitrified Brick and Clay. It has come to AUD's attention that the plat, which was used to acquire the easement, was incorrect. Georgia Vitrified Brick and Clay has agreed to give Augusta a new easement over the actual location of the sanitary sewer pipeline and AUD would like to abandon the existing, incorrect, sewer easement. Analysis:The sanitary sewer is not in the location indicated on the existing plat "Exhibit A", so Augusta has no need, for it. Augusta does, however, need an easement over the pipeline, in its correct location, shown on "Exhibit B". Financial Impact:None Alternatives:Deny approval of an Easement Abandonment and Deed of Dedication for New Easement, with Georgia Vitrified Brick and Clay. Recommendation:Approve an Easement Abandonment and Deed of Dedication for New Easement, with Georgia Vitrified Brick and Clay. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission THIS RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION TO ABANDON EAST TELFAIR STREET AS A PART OF THE ROAD SYSTEM OF AUGUSTA; THIS RESOLUTION, adopted by the Augusta-Richmond County Commission (“Commission”); WHEREAS, it has been proposed that the Commission make a determination that East Telfair Street as shown on the attached plat, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest and that the right-of-way should be abandoned as part of the Richmond County Road System; and WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A § 32-7-2, to reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and to abandon such roads; and WHEREAS, a Public Hearing was held on August 1, 2019 at the Augusta-Richmond County Municipal Building, 2nd Floor Commission Chamber, 535 Telfair Street, Augusta, Georgia; and WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the newspaper in which Sheriff’s advertisements for Richmond County are published, on July 18, 2019 and July 25, 2019, and that the property owners located on East Telfair Street were given notice; and WHEREAS, the results of the Public Hearing were reported to the Board of Commissioners and considered thereby; and WHEREAS, the Commission, at their meeting held September 3, 2019, approved the proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of said statute having been met; NOW THEREFORE, be it resolved by the Commission and it is hereby resolved by the authority of same as follows: 1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the abandonment and removal above-said of the Right-of-Way and such Right-of-Way no longer serves a substantial public purpose or that its removal from the county road system is otherwise in the best public interest and is hereby abandoned as part of the Richmond County Road System; 2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law to the adjoining property owner, subject to easements and restrictions deemed necessary by the Augusta Engineering Department and the Augusta Utilities Department, and the Mayor and Clerk of Commission are hereby authorized to execute the documents necessary to effectuate such transfer as directed by the Augusta Law Department. 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein; 4. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED by the Augusta, Georgia Commission this ______ day of _____________________, 2019. AUGUSTA, GEORGIA COMMISSION By: ________________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner As its Clerk Commission Meeting Agenda 9/3/2019 2:00 PM Motion to Abandon Right Of Way Department:Engineering Department:Engineering Caption:Motion to determine that East Telfair Street, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee August 27, 2019) Background:Noah Wagner on behalf of Dominium has requested the abandonment of East Telfair Street in its entirety (between East Boundary Street and East Cedar Street) in order to fence the River Glen Apartments, thereby making it a gated community with a vehicle access gate off of East Boundary Street in order to provide safety for the residents. The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. A map of East Telfair Street is attached. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on August 1, 2019 for this matter. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that East Telfair Street be abandoned. Recommendation:Approve determination and request for abandonment of East Telfair Street pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM River Watch Parkway Commercial/Retail Center Deed of Dedication and Maintenance Agreement Department:Augusta Utilities Department:Augusta Utilities Caption:Motion to approve a Deed of Dedication and Maintenance Agreement for River Watch Parkway Commercial/Retail Center. (Approved by Engineering Services Committee August 27, 2019) Background:Euchee Creek Development Co., Inc. developed a commercial/retail center, on River Watch Parkway. Included, in the development, was a water distribution center, which they now wish to dedicate to Augusta. Analysis:The water system has passed all testing and is ready to be accepted into Augusta's system. Financial Impact:None Alternatives:Deny the approval of the Deed of Dedication and Maintenance Agreement, for River Watch Parkway Commercial/Retail Center. Recommendation:Approve the Deed of Dedication and Maintenance Agreement, for River Watch Parkway Commercial/Retail Center. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM Sanitary Sewer Easement Relocation Department:Augusta Utilities Department:Augusta Utilities Caption:Motion to approve an Agreement for Relocation of Easement from Berkmans Residential Properties. (Approved by Engineering Services Committee August 27, 2019) Background:When Berckman Road was relocated and the detention pond behind Publix moved, Augusta's existing sanitary sewer had to be relocated. During Augusta National's project of moving the detention pond, they moved the sanitary sewer to a new location. They now ask that Augusta abandon the easement over the prior location of the sewer and accept the grant of a new easement over the relocated pipeline. Analysis:The sanitary sewer has passed all testing. Augusta no longer has a pipe, within the easement it now owns. Augusta does need an easement over the new pipeline, so that it can be maintained. Financial Impact:None Alternatives:Deny approval of an Agreement for Relocation of Easement, from Berkmans Residential Properties. Recommendation:Approve an Agreement for Relocation of Easement, from Augusta National. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission 1 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE CHAPTER 3, ARTICLE 1 AND ARTICLE 2, RELATING TO STREETLIGHTING MANAGEMENT TO ENACT A STREETLIGHTING USER FEE; TO MODIFY AND/OR ADD TO PARTS OF CHAPTER 3 (STREETLIGHTING) ARTICLE 1 (GENERAL) AND ARTICLE 2 (CONSTRUCTION AND MAINTENANCE) TO SUPPORT ENACTMENT AND ADMINISTRATION OF THE STREETLIGHTING USER FEE; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, street lights provide enhanced safety, improve property values and reduce crime; and WHEREAS, every parcel of real property, both public and private, either uses or benefits from the existence and maintenance of the Augusta, Georgia streetlighting system; and WHEREAS, current and anticipated growth will contribute to and increase the need for improvement and maintenance of the streetlighting system; and continued economic development depends upon effective solutions to the existing and continuing streetlighting problems and preservation of the streetlighting system; WHEREAS, based on the foregoing, the Augusta, Georgia Commission recommends amending Chapter Three, Article One and Two, of the AUGUSTA, GEORGIA. CODE. THE AUGUSTA, GEORGIA BOARD OF COMMISSIONERS ordains as follows: SECTION 1. Various sections of AUGUSTA CODE CHAPTER 3 STREETLIGHTING, ARTICLE 1 GENERAL, and ARTICLE 2 CONSTRUCTION AND MAINTENANCE are hereby amended as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _____ day of , 2019. ___________________________ Hardie, Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission 2 Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2019 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: First Reading Second Reading 3 Exhibit A CHAPTER 3 STREETLIGHTING ARTICLE 1 MANAGEMENT § 7-3-1. GENERALLY. This Chapter shall be known as the Streetlighting Management Ordinance of Augusta, Georgia. § 7-3-2. PROGRAM. (a) There is hereby created and established within Augusta, Georgia a Streetlighting Management Program. (b) Pursuant to Constitutional authorization in 1970 Ga. Laws, p. 1097, the Augusta, Georgia Commission is authorized and empowered to establish districts for the purpose of erecting, establishing, maintaining, and operating streetlights and lamps for illumination of public rights-of-way and real properties owned by Augusta, Georgia. (c) The administrative responsibility for the streetlighting management program is hereby assigned to the Engineering Department of Augusta, Georgia. (d) The Director of Engineering (or appointed designee) shall coordinate and recommend to the Augusta, Georgia Commission standards and procedures that are deemed necessary to implement the Streetlighting Management Program. (e) The American National Standard for Roadway and Area Lighting Equipment approved by the American National Standard Institute shall be used as the standard for design, installation, and operation of street and roadway lighting in Augusta, Georgia. § 7-3-3. OBJECTIVE The objectives of this chapter include the following: (a) To protect, maintain, and enhance the public health, safety, and general welfare. This objective will be achieved by providing for regulation and management of the Augusta, Georgia streetlighting system, including lighting within the public right-of- way and real property owned and maintained by Augusta, Georgia. (b) To comply with Federal Highway Administration streetlighting regulations developed pursuant to the Nighttime Visibility and Safety criteria. These requirements include: 4 (1) Purpose of streetlighting; (2) Federal guidance and recommendations regarding streetlighting; (3) The impact and considerations of installing streetlighting; (4) Criteria and analysis for lighting needs; (5) Control of post-development streetlighting management through a regulatory program of inspection, monitoring and enforcement of fees and implementation of best management practices and policies and procedures promoting the use of streetlighting infrastructure and low impact development techniques. § 7-3-4 DEFINITIONS. (a) For the purposes of this chapter, unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter it’s most effective application. Words in the singular shall include the plural, and words in the plural shall include the singular. Words used in the present tense shall include the future tense. The word shall connote mandatory and not discretionary; the word may is permissive. (b) Unless otherwise specified, or it is apparent from the context, definitions herein will be the same as those in other Augusta, Georgia Ordinances and as used elsewhere in this Code. (1) Appeal authority. The Augusta, Georgia Commission. (2) Best Management Practices (BMPs). A wide range of management procedures, control measures, activities, and prohibitions on practices which control streetlighting and which are compatible with the planned land use. (3) Department. The Engineering Department responsible for all streetlighting management activities and implementation of the provisions of this chapter. (4) DIRECTOR. Either the director of Department of Engineering or any duly authorized representative of the Director. (5) Governing body. The Augusta, Georgia Commission. (6) Maintenance. Any action necessary to preserve streetlighting facilities to function as designed, in order to serve the intended purposes set forth in this chapter and to prevent failure of such facilities. (7) Person. Any and all persons, natural or artificial and includes any individual, firm, corporation, government agency, business, estate, trust, partnership, 5 association, two (2) or more persons having a joint or common interest, or any other legal entity. (8) Procedure. A procedure adopted by and through the Director of Engineering, to implement regulations adopted under this chapter, or to carry out other responsibilities as may be required by the Code, ordinances or resolutions of Augusta, Georgia. (9) Regulation. Any ordinance, rule or requirement prepared by the Engineering Department and adopted by Augusta, Georgia pursuant to the requirements of this chapter. (10) Service area. All land within the legal limits of Richmond County, Georgia. (11) Service charge. Charges applicable to a parcel of developed or undeveloped land, which charge shall be reflective of the Augusta, Georgia streetlight cost of providing streetlight management services and facilities. Service charges will be based on measured or estimated costs. (12) Site. Any lot, plot, parcel or tract of land. (13) Streetlight management. The construction, maintenance and operation of the streetlight program to meet the objectives of this chapter and which shall include a system to address vegetative growth that negatively impacts the program. (14) Streetlight management facilities. Constructed or natural components of a streetlight system, designed to perform a particular function, or multiple functions, including, but not limited to illumination of streets and other Augusta, Georgia owned or operated property. (15) Streetlight Management Program (SMP) means the Streetlight Management Program required to be developed and implemented under the terms and conditions of Augusta, Georgia and refers to a comprehensive program to manage the quantity and quality of streetlights utilized. (16) Variance. The modification of the minimum streetlight management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter. § 7-3-5. SCOPE OF RESPONSIBILITY. (a) The provisions of this chapter shall apply throughout Augusta, Georgia. (b) The Director of the Engineering Department shall be responsible for the coordination and enforcement of the provisions of this chapter. 6 (c) The Augusta Engineering Department shall be responsible for the management, maintenance, extension, and improvement of the Augusta, Georgia streetlighting system, including activities necessary to light the public right-of-way and other real property in Augusta, Georgia. (d) The application of this chapter and the provisions expressed herein shall be the minimum streetlighting management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. § 7-3-6. POWERS OF THE ENGINEERING DEPARTMENT. (a) The Engineering Department shall have the power to administer and enforce all regulations and procedures adopted to implement this chapter, including the right to maintain an action or procedure in any court of competent jurisdiction to compel compliance with or to restrain any violation of this chapter. (b) The Engineering Department shall: (1) Administer, coordinate and oversee acquisition, design, construction, and operation and maintenance of municipal streetlighting facilities and conveyances. (2) Establish or oversee establishment of development standards and guidelines for controlling the various aspects of streetlighting; (3) Determine the manner in which streetlighting facilities should be operated; (4) Inspect private systems which connect to the Augusta, Georgia streetlighting system; (5) Advise the Augusta Commission and other Augusta departments on issues related to streetlighting; (6) Protect facilities and properties controlled by the Engineering Department and prescribe how they are used by others; (7) Require new, increased, or significantly changed streetlighting contributions to comply with the terms of this chapter. (8) Adopt and implement the streetlighting management program for Augusta, Georgia. (9) Adopt and implement the calculation and collection of streetlighting service charges for Augusta, Georgia. § 7-3-7 MAINTENANCE AND INSPECTION. 7 (c) The Engineering Department may require dedication of privately owned streetlighting facilities which connect to the system owned by Augusta, Georgia. (d) The Engineering Department shall determine inspection schedules necessary to enforce the provisions of this chapter. (e) Authorized personnel of the Engineering Department, the Marshal’s Office and the Planning Department, bearing proper credentials and identification shall be permitted to enter, without hindrance, all properties for regular inspections, periodic investigations, observation, measurement, enforcement, in accordance with provisions of this chapter. Augusta, Georgia shall duly notify the owner of said property or the representative on site, except in the case of an emergency. (f) Authorized personnel of the Engineering Department, the Marshal’s Office and the Planning Department bearing proper credentials and identification, shall be permitted to enter, without hindrance, all properties for which Augusta, Georgia holds a negotiated easement for repairs, maintenance and other purposes related to any portion of the streetlighting management facilities lying within said easement. The Engineering Department shall duly notify the owner of said property or the representative on site, except in the case of an emergency. (h) If, after inspection, the condition of a facility presents any immediate danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, Augusta, Georgia may take action as may be necessary to protect the public and make the facility safe and shall be compensated by the responsible party for the cost of such effort. § 7-3-8 VARIANCES FOR REQUIREMENTS. (a) The Engineering Department may grant a variance from requirements of this chapter if exceptional circumstances applicable to a site exist such that strict adherence to the provisions of this chapter will result in unnecessary hardship and will not fulfill the intent of this chapter. (b) A written request for a variance shall be required and shall state the specific variance sought and the reasons, with supporting data, a variance should be, granted. The request shall include all information necessary to evaluate the proposed variance including any potential impact to surrounding properties. (c) The Engineering Department will conduct a review of the request for a variance and may respond in writing within thirty (30) working days of receiving the request. Any variance request not reviewed within thirty (30) working days shall be deemed denied by the Engineering Department. § 7-3-9 ESTABLISHMENT OF STREETLIGHTING ENTERPRISE FUND. 8 There is established a streetlighting enterprise fund in Augusta, Georgia, together with budgeting and accounting systems, for the purpose of dedicating and protecting all funding including, but not limited to, rentals, rates, charges, fees and licenses, as may be established and charged by the Augusta Commission from time to time, and other funds that may be transferred or allocated for streetlighting management related purposes. All streetlighting management related revenues and receipts shall be placed in the streetlighting enterprise fund, and such revenues and receipts shall be used to pay for the expenses and capital investments of the streetlighting management program; provided, however, that other revenues, receipts and resources not accounted for in the streetlighting utility enterprise fund may be applied to streetlighting management services, systems and facilities as deemed appropriate by the Augusta Commission. § 7-3-10 STREETLIGHTING SERVICE CHARGES. In order to fully recover the cost of providing streetlighting services and facilities while fairly and reasonably apportioning the cost among property owners throughout the service area, the following streetlighting rates shall apply: (a) See the Augusta Commission approved current streetlighting Service Charge rate table. Beginning on January 1, 2021 the Streetlighting Management Program charges shall be annually increased by three percent (3%) for three years. The Augusta, Georgia Commission may adjust the Streetlighting Management Program charges at any time by ordinance or resolution. § 7-3-11 DETERMINATION AND MODIFICATION OF STREETLIGHTING MANAGEMENT PROGRAM CHARGES. Streetlighting management program charges may be determined and modified from time to time by the Augusta, Georgia Commission so that the total revenue generated by said charges and any other sources of revenue that will be made available to the streetlighting management program will be sufficient to meet the cost of services and facilities, including but not limited to compliance cost, the payment of debt service and related costs on revenue bonds or loan obligations incurred for construction and improvements to the streetlighting system. § 7-3-12 EFFECTIVE DATE OF STREETLIGHTING MANAGEMENT PROGRAM CHARGES. Streetlighting Management Program charges shall accrue beginning upon the effective date of this ordinance and shall be billed annually thereafter to customers, except as specific exemptions may apply. § 7-3-13 DISPOSITION OF SERVICE CHARGES AND FEES. Streetlighting management program charge and fee revenues shall be assigned and dedicated solely to the streetlighting management enterprise fund in Augusta, Georgia, which shall be and remain separate from other funds, and shall be used only to fund 9 identified streetlighting management program activities. The service charges and fees paid to and collected by virtue of the provision of this chapter shall not be used for general or other governmental or proprietary purposes of Augusta, Georgia, except to pay for costs incurred by Augusta, Georgia in rendering services associated with the streetlighting management and administration. § 7-3-14 EXEMPTIONS APPLICABLE TO STREETLIGHTING MANAGEMENT PROGRAM CHARGES. Except as provided in this Section, no public or private property shall be exempt from streetlighting management program service charges or offset against such service charges. No exception, offset, or other reduction in streetlighting service charges shall be granted based on the age, tax, income or economic status, race, or religion of the customer, or other condition unrelated to the Engineering Department’s cost of providing streetlighting services and facilities. (a) Ft Gordon, Georgia including contiguous properties owned or operated as part of Fort operations shall be exempt from the streetlighting service charge. No streetlighting services shall be provided by Augusta, Georgia to the properties so exempt. If by agreement services are provided to the properties so exempt the Engineering Department is authorized to calculate the proportion of the streetlighting service charge commensurate with the level and type of services provided by Augusta, Georgia to be charged all, or a portion of, Fort Gordon. Such charges should be calculated by the Engineering Department and included in an agreement for such services. (b) The cities of Hephzibah, Georgia and Blythe, Georgia shall be exempt from the streetlighting service charge. No streetlighting services shall be provided by Augusta, Georgia to the properties so exempt. If by agreement services are provided to one or both of these cities, the Engineering Department is authorized to calculate the proportion of the streetlighting service charge commensurate with the level and type of services provided by Augusta, Georgia to be charged all, or a portion of, Hephzibah and Blythe. Such charges shall be calculated by the Engineering Department and included in an agreement for such servcies. Augusta, Georgia may provide streetlighting on Augusta maintained county roads within the City limits of Hephzibah and Blythe at the sole discretion of Augusta, Georgia, but, unless otherwise provided in a written service agreement, there will be no streetlighting fee charges to Hephzibah or Blythe for such streetlighting system. (c) A streetlighting service area can opt-out of streetlighting service charges if following conditions are met: i) A written opt-out petition signed by at least seventy-five (75) percent of property owners served by the opt-out service area shall be 10 submitted to the Augusta Engineering Department for review and processing; ii) A Streetlighting plan (Plan) must be provided for the opt-out service area and it shall be submitted with the opt-out petition. The Plan shall be prepared by a professional engineer and must show a level of streetlighting that meets, or exceeds, Augusta, Georgia streetlighting standards and requirements; and iii) A Funding plan for the Streetlighting plan shall be submitted with the opt-out petition and such plan shall include adequate funding for construction, operational and maintenance of streetlighting for the opt-out service area. iv) All opt-out Streetlighting service areas not already operational on the effective date of this ordinance, must be inspected by the Engineering Department and determined to be operating consistent with the Streetlighting plan before being granted opt-out status. v) A list of properties that have been granted opt-out status shall be maintained by the Engineering Department and such properties are subject to review by the Department to ensure they are maintained and operating in accordance with the approved opt-out Streetlighting Plan. Non-compliant Streetlighting service areas will be removed from the op-out list immediately. § 7-3-15 STREETLIGHTING MANAGEMENT SERVICE CHARGE BILLING, DELINQUENCIES, AND COLLECTIONS. The streetlighting management service charge may be billed and collected separately or along with other rates, fees or charges as deemed most effective and efficient by the Augusta, Georgia Commission. All policies of that billing mechanism shall be followed. (a) A streetlighting management service fee charge shall be declared delinquent if not paid within thirty (30) days of the date of billing. Unpaid streetlighting management fees shall be collected using the methods of the billing mechanism chosen or by filing suit to collect on an unpaid account and by using all methods allowed by Georgia law to collect on any judgment obtained thereby. (b) A streetlighting management service fee bill may be sent through the United States mail, or by alternative means, notifying the customer of the amount of the bill, the date the payment is due, and the date when past due. Failure to receive a bill is not justification for non-payment. Regardless of the party to whom the bill is initially directed, the owner of the real property shall be ultimately obligated to pay such fee. (c) If a customer is underbilled or if no bill is correctly sent for real property, Augusta, Georgia may backbill for the maximum period of time permitted by law, but shall 11 not assess penalties for any delinquency due to the failure to send a bill, incorrect address, or an under billing. § 7-3-16 APPEALS. (a) Any person aggrieved by a decision of the Director of the Engineering Department relating to the Streetlighting Management Program (including any decision with reference to the granting or denial of a variance from the terms of this chapter and streetlighting management fee decisions) must make a written Appeal of said decision to the Augusta, Georgia Commission in accordance with this Code section and the Augusta, Georgia Rules of Procedure. A written notice of Appeal shall be provided to the Engineering Director and to the Augusta, Georgia Clerk of Commission within thirty (30) days of appellant’s receipt of the Engineering Director’s final decision and shall be captioned as follows: “Appeal of the Engineering Department’s Director decision relating to Streetlighting Management” and shall contain the following information: appellant’s name, a brief description of the streetlighting management fee issue decided by the Director, a copy of the Director’s final decision and the relief sought by appellant. Untimely appeals will not be considered or processed and shall be considered an abandonment of the right to appeal and a failure on the part of the appellant to exhaust administrative remedies. (a) The Augusta, Georgia Administrator shall have the authority to settle Appeals relating to Streetlighting Management Program at any time before such Appeal is voted upon by the Augusta, Georgia Commission. Settlement agreements shall be in a form approved by General Counsel. (b) The Clerk of Commission shall place a timely Appeal on the Engineering Services Committee in accordance with the Rules of Procedure and notice of the time and date of such meeting should be provided to the appellant. (c) Engineering Services Committee hearing procedures and effect of failure to appear at hearing. Appeals appearing on the Engineering Services Committee shall be treated as any other Committee agenda item, except that the appellant, or his or her representative, shall have the right to address the Committee and to present evidence in support of the appeal for a maximum of ten (10) minutes. The Engineering Director, or his or her representative, shall also have the opportunity to present evidence relating to the appeal for a maximum of ten (10) minutes. The Chairman of the Engineering Services Committee may grant additional time equally to each party at his or her discretion. (d) After considering the evidence presented, the Engineering Services Committee shall make a recommendation to grant or deny the Appeal, or to send the item to the full Augusta, Georgia Commission without recommendation. Regardless of the action taken by the Committee, the Appeal shall be forwarded to the full Commission agenda for a final decision. The Clerk of Commission shall make an audio recording of the Appeal hearing and shall make such recording available to Commissioners within two (2) business days following the hearing. (e) Procedure to Speak to Full Commission Regarding Appeal. 12 An appellant seeking to speak to the full Commission regarding his or her Appeal must submit a request in writing, including his/her address and the relevant facts associated with the decision being appealed, no later than 5:00 p.m. on the Wednesday preceding the next regularly scheduled Commission meeting that follows the Engineering Services Committee appeal hearing. Such request shall be provided to the Clerk of Commission with a copy to be provided to the Engineering Director. When the Appeal is heard by the Commission, the appellant and the Engineering Director shall each have five (5) minutes to summarize the arguments and evidence presented to the Engineering Services Committee. The Commission will not hold a new hearing and will not accept new evidence. If the appellant has not made a timely request to address the full Commission, the Commission may, at its discretion, dispose of the agenda item via the Consent Agenda. (f) Effect of Failure to Appear at Hearing. Failure on the part of the appellant to appear before either the Engineering Services Committee or the full Augusta, Georgia Commission is considered an abandonment of their right to appeal and a failure on the part of the appellant to exhaust administrative remedies. The Engineering Director’s decision is considered final and the award shall proceed accordingly. However, the Chairman of the Engineering Services Committee or the Mayor, may, at his or her discretion, grant the appellant one continuance to the next regularly scheduled Committee or Commission Meeting. Such continuance may only be granted during the Committee or Commission meeting and shall be recorded on the minutes of such meeting. (g) If the appellant is dissatisfied with the Commission’s decision, he/she can appeal said decision to the Superior Court of Richmond County within thirty (30) days of the date of that decision. Said appeal shall consist of a review of the record in the appeal process. § 7-3-17 COOPERATION WITH OTHER GOVERNMENTS. Augusta, Georgia may enter into agreements with the State of Georgia or with other local governments to carry out the purpose of this chapter. These agreements may include, but are not limited to enforcement of provisions, resolution of disputes, cooperative monitoring, and cooperative management of streetlight system and management programs. § 7-3-18 PROPERTY OWNER LIABILITY; SUPPLEMENTAL CHARGES. Any person in violation of any portion of this chapter shall be responsible for all costs of Augusta, Georgia associated with the violation, including, but not limited to, cleanup, personal injury, wrongful death, damage or destruction of property, or other related expenses. Collection, and enforcement provision of this section is in addition to collection methods provided in Section 7-3-15 of the Augusta, Georgia Code. § 7-3-19 ENFORCEMENT; PENALTIES. 13 (a) This chapter shall be enforced by the office of the Director of Engineering. Citations for violation may be issued by inspectors from the Engineering Department, or Augusta Marshall’s Department or any code enforcement officer of the Augusta Planning Department. Citations shall specify the factual basis of violation(s), cite the specific statutory or code provision involved, and the Court and date and time to which returnable. (b) Any person, cited for violating this chapter shall upon conviction be subject to the penalties provided in § 1-6-1 to include a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding sixty (60) days, either or both, in the discretion of the judge of the court having jurisdiction. Each day any violation of any provision of this Code or of any such ordinance or rule, regulation or order shall constitute a separate offence. Violation of this chapter may also constitute state or federal laws violation and conviction of this chapter does not prohibit prosecution under state and federal laws. (c) In addition, Augusta, Georgia may institute appropriate action or proceedings at law or in equity for the enforcement of this chapter or to correct violations of this chapter. Any court of competent jurisdiction may have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Each day of noncompliance is considered a separate offense. Nothing herein contained shall prevent Augusta, Georgia from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief. § 7-3-20 SEVERABILITY. If any term, requirement or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this chapter or the application of such terms, requirements and provisions to person or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, requirement or provision of this chapter shall be valid and be enforced to the fullest extent permitted by law. § 7-3-21 PRIOR INCONSISTENT ORDINANCES. Any Code provisions, uncodified ordinances, or parts thereof adopted prior to the date of adoption of this chapter are hereby repealed. A:$85.00 per year B:$107.36 per year Streetlighting Management Ordinance of Augusta, GA EXHIBIT A - Streetlighting Service Charge Streetlight Fees Per Parcel Residential and non-commercial Commercial Commission Meeting Agenda 9/3/2019 2:00 PM Street Lighting Ordinance Revision Department:Engineering Department:Engineering Caption:Motion to approve adoption of the revised Street Lighting Ordinance (Augusta, Georgia Code Chapter 3 Street Lighting, Section 7-3) to incorporate current fee structure for the street light system. Requested by AED (Approved by Engineering Services Committee August 27, 2019) Background:The special revenue street light fund that accounts for the power use, materials, and maintenance of Augusta’s existing street light system. Fee generated funds are not sufficient to cover operation and maintenance cost of the system. The issue has been compounded since fees have not been adjusted over time to account for street lighting items where costs have increased and additional areas were serviced. On September 4, 2018 Augusta Commission modified and approved the fee structure for the street light system to generate needed revenue. However, the Street Lighting Ordinance was not modified accordingly. Analysis:Revision to Street Lighting ordinance is warranted to formalize adopted street lighting fee structure and fee adopted on September 4, 2018. Financial Impact:N/A Alternatives:N/A Recommendation:Approve adoption of the revised Street Lighting Ordinance (Augusta, Georgia Code Chapter 3 Street Lighting, Section 7-3) to incorporate current fee structure for the street light system. Funds are Available in the N/A Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM Verizon Wireless Access, Utility and Fiber Agreement Department:Augusta Utilities Department:Augusta Utilities Caption:Motion to approve an Access, Utility and Fiber Agreement between Augusta and Verizon Wireless of the East L.P. d/b/a Verizon Wireless. (Approved by Engineering Services Committee August 27, 2019) Background:Verizon Wireless requests an easement, across a portion of the Highland Avenue Treatment Plant, to connect with their facility located on said property. A fiber line will be located in said easement. Analysis:The easement has been located, to the specifications laid out by the AUD Engineering Division, and will not interfere with the daily activities, or future plans of Augusta's water treatment plant. Financial Impact:None Alternatives:Deny approval of an Access, Utility and Fiber Agreement, between Augusta and Verizon Wireless of the East L.P. d/b/a Verizon Wireless. Recommendation:Approve an Access, Utility and Fiber Agreement, between Augusta and Verizon Wireless of the East L.P. d/b/a Verizon Wireless. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM Pedestrain Crossing Broad Street Department: Department: Caption:Discuss changing existing crossing time for pedestrians crossing Broad Street. (Commissioner John Clarke) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: commission Meeting Agenda commission chamber - Blz0l20lg ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garreff, Sias, Fennoy, Frantoffi, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Bishop Booker T. Hayes, Jr. pastor Greater Apostoric Holy Temple. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five ($ minute time limit per deleeation DELEGATIONS A. Mr. Bennish Brown, Augusta Convention & Visitors Bureau, presentation of Item ACVB 2nd Quarterly Report of 2019 and review of Film Augusta mid-year report. Action: None E Bennish Broln ACVB 6.20.19.pdf E ItemAonrovalsheet.html Motions Motion Mofion Textlype Presentation is made by Mr. @ Chrke bus stoo.ips B ItemApprovalsheet.htmt Motions Motion Motion Textr ype Seconded MotionBy Result Made SecondedBv By Motion Result Brown. B. Ms. Ashley Brown, Senior Manager of Community Outreach at Goodwill Item regarding a need for a covered Transit Bus Stop on Washington Road at Fury's Action: Ferry Road. @equested by Commissioner John Clarke) None Made By Presentation is made by Ms. Brown. CONSENT AGENDA (Items l-25) PUBLIC SERVICES 1. Motion to approve the 2019 Convention and Visitors Bureau Tourism Grant Agreement for Special Events. (Approved by Pubtic Services Commiffee August 13,20lg) Item Action: Approved lE Grant Pfoposal for 2019 CVB Tourism Granl for Advertisins Snecial Uvenrs nrtf E 2019 Tourism Grant Asreement Special Event.pdf B ItemApprovalsheet.html Motions Motion Motion Textr ype Motion to approve. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner a _-___.-_., Brandon Garrett, CommisionerApprove Commissioner Ben Hasan, Sean Frantom Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Made By seconded By H'Ji,' CommissionerWilliam Fails Fennoy seconded By Motion Result a _-_ ______ Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Brandon Garrett Mary Davis Passes 2. Motion to approve New Location: A.N. 19-28: request by Heather C. Thompson Itemfor an on premise consumption Liquor, Beer & Wine License to be ur.d in Action: connection with Cantina Locale located at 2803 Wrightsboro Rd Ste. 20A. There Approvedwill be Sunday Sales. District 3. Super District 10. (Approved by public Services Committee August 13, 2019) Motions Motion Motion Textr ype Made By B.lN.tq-zt.odf E ItemAoorovalsheethtml Motions Motion Motion Textr ype Motion to approve. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner A --_^_.^ Brandon Garrett,APProve Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Made By Seconded By Motion Result Commisioner Sean Frantom CommissionerWilliam Fails Fennoy Motions f#"' Motion rext Motion Result Motion Result Fails Motion to approve. Approve Mr. Clarke out. Commissioner Commissioner Motion passes 9-0. Brandon Garrett Ben Hasan Passes 3. Motion to approve Existing Location: A.N. 19-30: request by Tasneem Hassan Item Jamil for a retail package Wine License to be used in connection with H & S Wine Action:& Spirits located at 3150 Wrightsboro Rd. Ste. B. District 2. Super District 9. Approved (Approved by Public Services Committee August 13,2019) B AN.t9-3o.pdf B ItemAoorovalsheethtml Motions Motion Motion Textr ype Approve Motion to approve. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Made By Seconded By Made By Seconded By Commisioner Commissioner Sean Frantom William Fennoy Sean Frantom, Commissioner Brandon Garrett, Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Motions X:li'" Motion Text Made By seconded By Motion I vne ResultJt - Motion to approve this A _-,-_.__-_ item as apart of a consent Commissioner CommisionerADDTOVC'-rr-*'- agenda. Mr. Frantom and Mary Davis Sean Frantom Mr. Garrett out. No action was taken on this motion. Motions X:'1"" Motion Text Made By seconded By Motion I YPe Result Motion to approve. Mr. a ,-.-,.- Frantom and Mr. Garrett Commissioner CommissionerApprove out. Ben Hasan Bobby williams Passes Motion Passes 8-0. 4. Motion to approve Bid Item #19-217 Downtown Landscaping Improvement Item Project to Jacobs Landscaping in the amount of $27,650. (Approved by Public Action: Services Committee August l3r20l9) Approved B Downtown Landscaoins Maint Scooe of Services,odf e 19-217 Advertis€ment to Paper.pdf B tq-2lz taB.oat H t9-217 MpB.pdf B 19-217 Depertment Recommendation of Award,pdf B Mail List and Demandstar Planholders.pdf lB Georuia Procuremenl Reqistru Vcndor Smmmoru nrlf Motions X:tl"" Motion Text Made By Seconded By MotionrYPe Result Approve Motion to approve this item as apart of a consent agenda. No action is taken on this motion. Motions Motion Motion Textrype Motion to approve. Mr. Clarke votes No. Mr. Frantom and Mr. Garrett Approve out. Commissioner Commisioner Mary Davis Sean Frantom Made By Seconded By Motion Result Commissioner Commissioner Bobby Williams Dennis Williams Passes Voting No: Commissioner John Clarke. Motion Passes 7-1. 5. Motion to approve a request by Raven Y. Hargrave for a Massage Operator's License to be used in connection with Live Life Relaxing Massage Therapy located at 3540 Wheeler RD Ste. 314. District 3. Super District 10. (Approved by Public Services Committee August 13,2019) Item Action: Approved lB Live Life Relaxins Massaqe.pdf [3 ItemApprovalsheet.html Motions Motion Motion TextI ype Motion to approve. Voting No : Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner A __-^_.^ Brandon Garrett,APProve Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Made By Seconded By Motion Result Motions Motion Motion Textr ype Approve Commisioner Sean Frantom Commissioner William Fennoy Fails Motion ResultMade By Seconded By seconded By Motion Result Motion to approve. Approve Ms. Davis out. Commissioner Commissioner Motion passes 9_0. Ben Hasan Brandon Garrett Passes 6. Motion to approve the purchase of Seventeen (17) New Bus Shelters from Austin Mohawk and Company,LLC. (Approved by Public Services Committee August 13,20lg) Motion to approve this item as apart of a consent agenda. No action is taken on this motion. Motions Motion Mofion Textr ype E sxrrl ccstt goEl4l g+go.oar E ltemApprovalsheet html Motions Motion Mofion Textrype Commissioner Commisioner Mary Davis Sean Frantom Made By Item Action: Approved Made By seconded By Motion Result a _ _-_.-_.- Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Dennis Williams John Clarke Passes ADMINISTRATIVE SERVICE S 7. Motion to approve Engineering Department-Storm Water Division requests the Item purchase of one replacement Dome Style Service Truck at a cost of $72,932.00 Action: using Storm Water Capital Outlay. Bid Item 19-237 - Wade Ford (Approved by Approved Administrative Services Committee August 13, 20lg) E Eval - 994487 - Ensineering.odf B Tab Sheet - 19-237- Dome Style Truck.xlsx E l9-2J7 ITB - SENT To pApER.pdf B tg-zlz tlr.oat @ 19-237 Department Recommendaton of Award,pdf e Mail List and Demandstar planholders.pdf B Georsia Procurement Reqistry Vendor Summarv.odf B ItemApprovalsheet.html Motions X:tl" Motion Text Made By Seconded By Motion r ype -'-'-- -.' Result Motion to approve this A -,__Approve item as a part of a commissioner commisioner consent agenda. Mary Davis Sean Frantom No action is taken on this motion. Motions Y.:l:" Motion Text Made By seconded By Motion r YPe Result Motion to approve. Approve Ms. Davis out. Commissioner Commissioner Motion passes g_0. Sammie Sias Bobby williams Passes 8. Motion to approve amending the 2019 Commission Calendar to hold budget Item hearings between the time the budget is presented until the date that the budget is Action: adopted. (Approved by Administrative Services Committee August 13, 2019) Approved B Mavor Davis Agenda item Comm. Calendar 7,l7.l9.odf B sxtu crsgtgogMtglgr.uar Motions Motion Motion Text Made By seconded By fJriiilype Motion to approve omitting the word "amending" from Approve li.'JxTl"ffi*:'f.ivins this S##,'j'Jll,., s:#?l'""Tr passes Davis out. Motion Passes 9-0. 9. Motion to approve award of contract for Annual Ground Maintenance for Item Downtown Facilities and Regional Library Locations to Truegreen, Piedmont Action: Landscape Management, Davis Landscape Company and Jacobs Land Approved Management of North Augusta and Augusta in the amount of 5224,069.89. The base bid is for September l, 2019 to December 3 1, 2020 with an option to extend for one year in 2021. (Approved by Administrative Services Committee August 13,2019') e 19-lE7A Llpdated Recommendation Letter.pdf B Invitation to Bid.pdf B Official Tabulrtion Sheet.pdf B MPB Sisn In Sheet.pdf B ilrail List and Demandstar Plrnholders.pdf IB Georpia Procurement Resistrv Vendor Summarv.odf E ItemApprovalsheethtml Motions Motion Motion Textlype Motion to approve this Approve item as a part of a consent agenda. No action was taken on this motion. Motions Motion Motion Textr ype Motions Motion Type Approve Motion Text Motion to approve. Voting No: tommissioner John Clarke, Commissioner Mary Davis, Commisioner Commissioner Commisioner Mary Davis Sean Frantom Seconded By Motion Result MotionSeconded Bv :-------- -J Result Made By Made By Motion to approve. Mr. Fennoy, Ms. Davis and a,-.- Mr. M. Williams out. Commisioner CommissionerApprove Voting No: Commissioner Sean Frantom Bobby Williams Passes John Clarke. Motion Passes 6-1. 10. Motion to approve amending Augusta Code Section 3-7-33 Marijuana to reduce Item the jail time from 60 days to no time and the fine from a cap of $1,000 to a cap of Action: $150 forthe firsttwo offenses and acap fine of $300 forthethird and subsequent Approved offenses and bringing the amended Code section back for approval. (Approved by Administrative Services Committee August 13,2019) B sxll c6sStgosozl2:ro.oat Made By Commisioner Sean Frantom Seconded By Commissioner William Fennoy Motion Result Fails Sean Frantom, Commissioner Brandon Garrett, Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Motions Y:'1" Motion Texr Made By seconded By MotionIYPe ''---- -l Result Motion to approve this ,-^-^_ ^:-^: ^_- _.Approve item as a part of a '- Commissioner Commisioner consent agenda. Mary Davis Sean Frantom No action is taken on this motion. Motions Y:'1'" Motion Text Made By Seconded By Motion t YPe '''--- -r Result Motion to approve. Mr. a,-_-.._- _ Frantom and Mr. Garrett Commissioner CommissionerApprove out. Bobby williams John clark. Passes Motion Passes 8-0. 11. Motion to approve award of contract to provide professional services to assess Item the condition of roofs on Augusta owned buildings to Terracon Consultants of Action: Lawrenceville, GA in the amount of $85,750.00. Bid ltem 19-229 (Approved by Approved Administrative Services Committee August 13, 20lg) E Roof Location List - Aqenda Item.xls IB l9-229 Inviration to paper.pdf B l9-229 OFFICIAL TAB.pdf [3 19-229 Eval Cumulative.ndf B 19-229 Department Recommendation of Aw.rd,pdf B Process Regardins RFPs.odf B tq-z2g N,pp.odf E Mail List and Demandstar planholders.pdf F Georgia Procurement Registrv Vendor Summarv,ndf B ItemApprovalsheet.html Motions Motion Text Made By Seconded By Motion MotionTYPe Result Motion to approve this ^ -.--. , ! - _:^ .,Approve lrem as a part of a '" commissioner commisioner consent agenda. Mary Davis Sean Frantom No action was taken on this motion. Motions Motion tr ,. m Motion;--'-.. Motion Text Made By Seconded By'I'ype ''---- -" Result Motion to approve. Ms. A ---^,.^ Davis, Mr. Fennoy and Commissioner CommissionerApprove rurr. rta. williams out. Ben Hasan John clark. Passes Motion Passes 7-0. 12. Motion to approve preparing a Code amendment to adopt the Commission Item calendar for 2020 having one meeting in July and two meetings in December. Action: (Approved by Administrative Services Committee August 13,2019) Disapproved E Mavor Davis Agenda item Comm. Calendar 7.l7.l9.odf Motions f#:"" Motion rext Made By Seconded By fl'rlil Motion to deny. Mr. Fennoy and Ms. Davis out. Voting No: Commissioner John Clarke,Commisioner Commissioner CommissionerDeny Sean Frantom, Marion William FailsCommissioner Williams Fennoy Brandon Garrett, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 3-5. Motions Motion Text Made By Seconded By E E Motion Type Substitute motion to approve. Mr. Fennoy and Ms. Davis out. Voting No: Commissioner Ben Hasan, Commissioner Approve Sammie Sias, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Fails 4-4. PUBLIC SAFETY 13. Motion to approve Memorandum of Understanding (MOU) between Georgia Item Emergency Management and Homeland Security Agency and Augusta-Richmond Action: County Emergency Management Agency for Grant Applications. (Approved by Approved Public Safety Committee August 13,2019) H SGM Printer190702l5040.pdf Motion Result Commisioner Commissioner Sean Frantom John Clark. latls Motions Motion Type Approve Motions Motion Type Approve Motion Text Motion to approve. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Made By Seconded By Motion Result Motion Text Made By Seconded By Commisioner Sean Frantom Commissioner William Fennoy Fails Motion Result Commissioner Mary Davis Commisioner Sean Frantom Motion to approve this item as a part of a consent agenda. No action is taken on this motion. Motions *ji"' Motion Text Made By Seconded By Motiont'ype '''--- -" Result Motion to approve. Ms. A .^_-^--^ Davis and Mr. Fennoy Commissioner CommissionerApprove ;;. Ben Hasan John clark. Passes Motion Passes 8-0. 14. Motion to approve the replacement of infrastructure hardware and software. Item (Approved by Public Safety Committee August 13,2019) Action: Approved B RoundTower DellEMC tlnitv Ouote v4 0726.odf HTSA Ouote- Veeam Suhscrinfion f,icensino rnd Sloreoncc 51oo Ilnorodecrulf E uniwxrJS0 SIZER Rpr v4ouore 0726.odf E DSI lnfrastructure Ouote 73ll9,xls E DSI sow.docx e Motions X:j1'" Motion Texr Made By seconded By Motion f YPe ' ----- -'1 -------- -" Result Motion to approve this ^, : Approve item as a part of a '- commissioner commisioner consent agenda. Mary Davis Sean Frantom No action is taken on this motion. Motions Motion rr 1!__- m- I rr r Motion;--'-- Motion Text Made By Seconded BylYPe - ---- -'I Result Motion to approve. Ms. ^., , Davis, Mr. Fennoy and Commissioner CommissionerApprove Mr. M. williams out. Ben Hasan John clark. Passes Motion Passes 7-0. 15. Motion to approve a change order to in the amount of 530,922 for soil Item remediation that will increase the net amount of P362943 to $91,903.30 for Bid Action: #18'285 Demolition and Reconstruction of Parking and Roadway Entrance at Fire Approved Station 4, awarded to Contract Management Inc. (Approved by Public Safety Committee August 13, 2019) B Bid ltem l8-285 Bid Specilications.pdf E Bid ltem I8-285 Official Bid Tabulation.pdf H vendor Recommendation lrtter.pdf E Commission Aooroval Letter.ndf E Bid ltem 18-285 Executed Contrect.pdf B pSozqal.oar E CSRA Testine Enpineerine Soil Test Report.pdf E ktter from Fire Deot lo Ms. Sams.ndf B New Snecilications for Soil Remeidation Stabilization for Aueusta Fire Station 4 Drivewav Parking Lot Proiect.ndf B SGM Printerl90801l6400.pdf tr Motions Motion Motion; ----.. Motion Text Made By Seconded ByI'ype .----- -J Result Motion to approve this ^Approve uem as a part of a '" Commissioner commisioner consent agenda. Mary Davis Sean Frantom No action is taken on this motion. Motions X::'" Motion Text Made By seconded By Motion'l'ype -''-"- -r Result Motion to approve. Ms. Approve ffi:',;Hi,ilff."1#o ;:f#::f*' f""#t',x[J.' passes Motion Passes 7-0. 16. Motion to approve the transfer of $158,000 from the Augusta Fire Department's Item fund balance for the Engineering Department purchase of EMTRAC for all Fire Action: Department first-response vehicles. (Approved by Public Safety Committee Approved August 13,2019) B EMTRAC Brochure.pdf B EMTRAC Ouote.Ddf E ItemAonrovalsheet.html Motions X:it"' Morion Textr ype Motion to approve this Approve item as apart of a consent agenda. No action is taken on this motion. Motions $otion Motion Textr ype Made By Commissioner Commisioner Mary Davis Sean Frantom seconded By Motion Result Seconded By f;tjfMade By Motion to approve. Ms. a --- -----, Davis, Mr. Fermoy and commissioner commissionerApprove Mr. M. williams out. Ben Hasan John clarke Passes Motion Passes 7-0. ENGINEERING SERVICES 17. Motion to approve a one-year extension of the contract for Compressed Natural Item Gas (CNG) maintenance services with Atlanta Gas and Light (AGL) Resources. Action:The total cost for the extension is $75,000.00. (Approved by Engineering Approved Services Committee August l3,Z0l9\ B 2013.07.29 cNG Maintenance services - 13-126 - Executed contrect with AGL.pdf E 2019.06 CNG Maintenance Services - Amendment to Asreemenr - nrrensinn nrt{ E ItemAporovalsheet.html Motions Sotion Motion Textlype Motion to approve this Approve item as apart of a consent agenda. Made By seconded By Motion Result Commissioner Commisioner Mary Davis Sean Frantom No action was taken on this motion. Motions X:'l"t Motion Text Made Byr ype seconded Bv Motion---'- - -" Result Motion to approve. Ms. ^.-,- Davis, Mr. Fennoy and commissioner commissionerApprove Mr. M. williams iut. Ben Hasan John clark. Passes Motion Passes 7-0. 18. Motion to approve ESD to utilize the Georgia EPD Local Government Scrap TireAbatement Program and authoize the Administrator and Mayor to execute Agreements and Required Documents. (Approved by Engineering Services ltem Committee August 13,2019) Action: Approved E Scran Tire Abatement Reimbursement Proeram Aereement.odf H ltemAoorovalsheet.html Motions X:j1" Motion Text Made By Seconded By Motion'l'ype '---- -J Result Motion to approve. Mr. Frantom, Mr. Fennoy and ^ : : Approve *,,'*iiilyjr'i' ff##i'Jl*.' iJ#HlfJ- Passes wll Motion Passes 6-0. 19. Motion to authorize a change order to Atlanta Gas Light's (AGL) current Item Purchase Order (PO). (Approved by Engineering Services Committee August Action:13,2019) Approved E ltemAonrovalsheet.html Motions Y:t1"' Motion Text Made By Seconded By Motion'I'YPe - ---- -r Result Motion to approve this ,.^__ :^^:^^^-Approve item as a part of a '-- Commissioner Commisioner consent agenda. Mary Davis Sean Frantom No action was taken on this motion. Motions X:jl"" Motion Text Made By Seconded By MotionrYPe '''--- -" Result Motion to approve. Ms. a _ _ _ __- Davis, Mr. Fennoy and Commissioner CommissioneApprove ilrl. n . williams out. Ben Hasan John clarke Passes Motion Passes 7-0. PETITIONS AIID COMMUNICATIONS 20. Motion to approve the minutes of the regular meeting of the Augusta Item Commission held on August 6,2019 and Special Called Meeting held August 13, Action:2019. Approved € Reeular Commission Meetins Ausust 6 20l9.odf B Cailed Commission Me€tinq Ausust 13 20l9.pdf E ItemApprovalsheet.html Motions Motion Motion Textr ype Motion to approve. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner a .-.-..____ Brandon Garrett,APProve Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Motions Motion Type Approve No action Motions Motion Type Motion Text Made By Seconded By Motion Result Commisioner Sean Frantom CommissionerWilliam Fails Fennoy Made By Seconded By Motion Result Motion Result Passes Motion to approve this ^Commissioner Commisionerlrem as a pan oI a consenr agenoa. Mary Davis Sean Frantom is taken on this motion. Motion Text Made By Seconded By Motion to approve. Ms. a _-_-_.___- Davis and Mr. Fennoy Commissioner CommissionerAPProve out. Ben Hasan John Clarke Motion Passes 8-0. APPOINTMENT(S) 21. Motion to approve the reappointment of Ms. carmen Few to the Animal control citizen Advisory commiffee representing District l. Item Action: Approved B Carmen Few.odf Augusta E ItemAonrovalsheet.html Motions Motion Mofion Textr ype seconded By HXilMade By Commisioner Sean Frantom Motion to approve Voting No: Commi.rion., John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner A ___^_.^ Brandon Garrett,APProve Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Motions Motion Mofion Textr ype B TBO Peter Huqhes.pdf E ltemAoorovalsheet.html Motions Motion Motion Textr ype Approve Motion to approve. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Ben Hasan, Commissioner Bobby Williams, CommissionerWilliam Fails Fennoy Made By Seconded By Motion Result Motion Result Fails Item Action: Approved Motion to approve. Ms. a ---_,._ Davis and Mr. Fennoy Commissioner CommissionerApprove out. Ben Hasan John clark. Passes Motion Passes 8-0. 22. Motion to approve the reappointment of Mr. Peter Hughes to the Augusta Canal Authority representing District 2. Made By Commisioner Sean Frantom Seconded By Commissioner William Fennoy Commissioner Marion Williams. Motion Fails 3-7. Motions Motion Motion TextI VDEJt - Made By Seconded By Commissioner Commissioner Ben Hasan John Clarke Motion to approve. Ms. Davis and Mr. Fennoy out. Motion Passes 8-0. Motion Result PassesApprove 23. Motion to approve the reappointment of Ms. Shannon Rodgers to the Augusta Item Animal Control Citizen Advisory Committee representing District 2. Action: Approved B Shannon Roeers.pdf E ItemAourovalsheet.html Motions Motion Motion TextI ype Made By Seconded By Motion Result Motion to approve Voting No: Commirrion., John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner A -.^-^-.^ Brandon Garrett.APProve Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Motions Motion Mofion Textr ype Commissioner William Fails Fennoy Commisioner Sean Frantom Made By Seconded By Motion to approve. Ms. a ., Davis and Mr. Fennoy Commissioner CommissionerADDTOVErr- - - out. Ben Hasan John Clarke Motion Passes 8-0. 24. Motion to approve the appointment of Mr. Ben Payne to the General Commission-Daniel Field representing District 7. Motion Result Passes Aviation Item Action: Approved B Ben Pavne.ios E ItemApprovalsheet.html Motions Motion Motion TextI ype Motion to approve, Voting No: Commirrion., John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner A -__^_.^ Brandon Garrett,APProve Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Motions Motion Motion Textrype Motion to approve. Ms. a _-_--^___ Davis and Mr. FennoyADDTOVCout. Motion Passes 8-0. E TBO Charles Bvrd Animal Services Bd..odf E ltemApprovalsheet.html Motions Motion Motion Textlype Approve Motion to approve. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Made By Seconded By Motion Result Commisioner Sean Frantom CommissionerWilliam Fails Fennoy Made By Seconded By Commissioner Commissioner Ben Hasan John Clarke Made By Commisioner Sean Frantom Seconded By Commissioner William Fennoy Motion Result Passes Motion Result Fails 25. Motion to approve the appointment of Mr. Charles Byrd to the Augusta Animal Item Services Citizens Advisory Board representing District 8. Action: Approved Brandon Garrett, Commissioner Ben Hasan, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. Motions X:j"' Morion Text Made By Seconded By Motion I YPe '---- -l Result Motion to approve. Ms. a -_-,--__- Davis and Mr. Fennoy Commissioner CommissionerApprove out. Ben Hasan John clark. Passes Motion Passes 8-0. ****END CONSENT AGENDA* ** * AUGUSTA COMMISSION 8120t2019 AUGUSTA COMMISSION REGULAR AGENDA 8120t2019 (Items 26-34) PUBLIC SERVICES 26. Existing Location: A.N. 19-29 A request by Brenda Thorington for an on Item premise consumption Beer License to be used in connection with Pizza Hut Action: #2020 located at 613 15th St. There will be Sunday Sales. District 1. Super Approved District 9 (No recommendation Public Services Committee August 13,2019) . B AN.l9-29.pdf E ItemApurovalsheet.html Motions ffJ:'" Motion rext Made By seconded By f;tjirll Delete Motion to delete this item Commissioner Commissioner Passes from the agenda. Ms. Ben Hasan John Clarke Davis, Mr. Fennoy and Mr. M. Williams out. Motion Passes 7-0. 27. Motion to approve the Memorandum of Understanding with Augusta and the Itempublic art agency, the Greater Augusta Arts Council (GAAC), regarding Action: implementation of three Gateway Sculptures, with the first to be located at the Approved corner of Riverwatch Parkway and Alexander Drive. (No recommendation from Public Services Committee August 13,2019) [= DR{F-f 190610 }lOU Calewav Sculpture.docx E ltemAnurovalsheet.html Motions Motion;----- Motion TextI ype Seconded Motion By Result Dies for lack of Second Made By Made By Seconded By Motion to approve a --_ _-___- starting all three projects CommissionerApprove at the Ju*. time or don't Marion Williams start any of them. Motions Motion;----- Motion TextI ype Motion to approve. Voting No: Commissioner John Clarke, Approve Commissioner Ben Hasan, Commissioner Marion Williams. Motion Passes 7-3. Motions Motion Motion Textr ype Substitute motion to approve the three locations as previously determined and that Approve the fourth location be determined for the MLK monument near Mother Trinity Church. ADMINI STRATIVE SERVICE S Commissioner Mary Davis Passes Motion Result Commissioner Brandon Garreff Made By Commissioner Ben Hasan Seconded Motion By Result Dies for lack of Second 28. Motion to approve that any voting member of this body can make a motion at Itemany point without being recognized by the Chair. @equested by Action: Commissioner Marion Wittiams) Disapproved E ltemApprovalsheet.html Motions Motion Motion Textlype Made By Seconded By Motion Result Motion to approve. Mr. Fennoy, Ms. Davis and Mr. Frantom out. Mr. D. Williams abstains. Voting No: ^ Commissioner Commissioner Commissioner Approve grurOon Garrett, Marion Brandon FailsWilliams GarrettLOIIlmlssloner Sammie Sias, Commissioner Bobby Williams. Motion Fails 3-3 -1. 29. Award the design/build contract for renovations to 510 Fenwick Street (three Item story tower only) to serye as offices for the Georgia Department of Family and Action: Children's Services (DFCS) to 2KM Architects in the amount of $3,088,100.00. Approved Motions fr'J:"' Motion rext Motion to approve. Ms. ^ Davis, Mr. Clarke and CommissionerApprove Mr. Garrett out. Sammie Sias Motion Passes 7-0. Made By MotionSeconded Bv :Result Commissionerilil'ffiiti;. Passes 30. Discuss lack of economic growth in the underserved areas of Augusta e.g. the James Brown Heritage Trail. (Requested by Commissioner Marion Wittiams) [3 It€mApprovalsheet.html Motions Item Action: None Motion Type Motion Text Made By Seconded By Motion Result No action is taken on this item. ADDENDUM 31. FINAL PLAT - HAYNES STATION SECTION 10 REVISED - S-886-REV Item - A request for concuffence with the Augusta Georgia Planning Commission to Action: approve a petition by Cranston Engineering Group, on behalf of COEL Approved Development Co., requesting final plat approval for Haynes Station Section l0 Revised. DISTRICT 3 Seconded By fffft' Motion to add and^ ., . .. Commissioner CommissionerApprove approve thls ttem. .-,^..; _-;;;;, - ;" - .--;: -^ Passes Motion passes l0-0. Marion Williams Sammie Sias 32. Z-19-32 - A request for concuffence with the Augusta Georgia Planning Item Commission to approve with conditions a petition by Annette Pierce Hooks Action: requesting a Special Exception to expand an established Family Personal Care Rescheduled Home up to 6 residents per Section 26-1(H) of the Comprehensive Zonrng Ordinance for Augusta, Georgia affecting property containing 3.66 acres on property known as 921C Hephzibah McBean Road. Tax Map 354-a-147-00-0 District 8 F ItemApprovalsheet.html Motions fr'J:"' Motion rext Motions f#:"" Motion rext Made By Made Seconded Motion By By Result Unanimous consent is not given to add this item to the agenda. 33. Z-19'34 ' A request for conculrence with the Augusta Georgia Planning Item Commission to approve with conditions a petition by Progressive Consultants Action: LLC requesting a change of zoning from Zone LI (Light Industry) to Zone RescheduledR-3C (Multiple-family Residential) affecting property containing approximately 25.61 acres and known as 1812 Slaton Street. Tax Map 045-3- 419-00-0 District l. 34. Motions Motion Motion Textr ype Unanimous consent is not given to add this item to the agenda. Motion to approve encroachment permit for Levinson 901 Greene Street LLC d/bla Shared Pro Tem Sean Frantom) Made Seconded MotionBy By Result 916 Greene Street, Daniel Space. (Requested by Mayor Item Action: Rescheduled Motions Motion Motion TextI ype Made Seconded Motion By By Result Unanimous consent is not given to add this item to the agenda. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 35. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None www.auqustaqa.qov CALLED MEETING COMMISSION CHAMBER August 27,2019 Augusta Richmond County Commission convened at l1:00 a.m., Tuesday, August27, 2019, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, M. Williams, Davis, D. Williams, Hasan and clarke, members of Augusta Richmond county commission. ABSENT: Hon. Frantom, Mayor Pro Tem. Mr. Mayor: Okay, good moming. I'm going to call this meeting to order. All right, we'll let her go get Ms. Bonner. We'll call the meeting to order. We'll address the special called meeting items first before we entertain a motion to go into executive session. The Chair recognizes Madam Clerk. 1. Motion to adopt Resolution establishing the Tax Millage Rates for Calendar Year 2019. Mr. Mayor: The Chair recognizes the Finance Chairman. Mr. Fennoy: Motion to approve. Mr. D. Williams: Second. Mr. Mayor: Motion and a second. Voting. Ms. Davis and Mr. Sias out. Motion carries 7-0. 2. Z-19'32 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Annette Pierce Hooks requesting a Special Exception to expand an established Family Personal Care Home up to 6 residents per Section 26-l(H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 3.66 acres on property known as 921C Hephzibah McBean Road. Tax Map 354-0-147-00-0 DISTRICT 8 1. The home shall be staffed onaT-day,24-hour basis. 2. The home shall be limited to 6 residents total with staff coming in shifts. Anylive-in staff will be counted towards the maximum occupancy of 6 residents. 3. A directional sign with the address clearly labeled with reflective lettering will be placed at the entrance to the common driveway at Hephzibah McBean Road and at the entrance to the subject property off the corlmon driveway to assist emergency personnel should they be called to the facility. 4. Arry changes in the definition of the use, nature of the clienteleor increase in numbers of occupants shall require another Special Exception. 5. The applicant must receive and maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A. must be provided, and the applicant must provide annual fire department inspection reports. 6. All requirements must be met within six (6) months of approval ofthe Special Exception, or the Special Exception is void. 7. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: All doorways must be at least 3 feet wide. At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. @eferred from the August20r2019 regular meeting) Mr. Mayor: Okay, the Chair recognizes the commissioner from the 8ft. Mr. Garreff: Motion to approve. Mr. Hasan: Second. Mr. Mayor: A motion and a second. Voting. Mr. M. Williams: I've got a question, Mr. Mayor. Mr. Mayor: Okay. All right, suspend. All right, Rob, Ms. Burgess, if you'll approach. All right, the chair recognizes the commissioner from the 9ft for a question. Mr. M. Williams: I've got no problem, Rob, but I want to make sure that we're not allowing signage to go up in front yards to say that this is establishment business. As long as, I mean no problem with this vote but I just want to make sure that that's one of the - Mr. Sherman: Yeah, the only thing that we are asking, it's a flagpole lot, is that they put a sign at the street with the address on it so 911 or whomever will be able to access that. Mr. M. Williams: I'm talking about business signs. We allow a lot of this to come into some areas and I don't want people to start to putting up signs because if you've got a garage down the street, then you've got a personal care home here and that just changes the neighborhood. You know what I'm saying? Mr. Sherman: That's fine. Mr. M. Williams: I ain't got no problem. Mr. Mayor, I,m in support. Mr. Mayor: Okay, fantastic. Voting. Ms. Davis and Mr. Sias out. Motion carries 7-0. The Clerk: Item 3. The Clerk: If there are any objectors, would you please signify your objections once the petition is read. 3. Z-19-34 - A request for concurence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Progressive Consultants LLC requesting a change of zoning from Zone LI (Light Industry) to Zone R-3C (Multiple-family Residentiat) affecting property containing approximately 25.61acres and known as 1812 Slaton Street. Tax Map 045-3-419-00-0 DISTRICT I 1. A Traffic Impact Assessment shall be commissioned at the cost of the applicant to determine which, if any, roadway improvements must be made to mitigate the impact of additional traffic to and from the site. Roadway improvements, if required, by the Traffic Study or the Augusta Traffic Engineer, will be performed at the cost of the applicant. 2. Removal of building sections on Slaton Street to allow for proper site clearances near the driveway entrances, which currently pose a traffic safety concem. 3. Improve the existing sidewalks adjacent to the affected property to current ADA standards. 4. Coordinate with CSX to create access at the intersection of Jordon Road and Arch Drive, a formal statement of their final decision must be provided to staff. 5. The conceptual site plan submitted and evaluated is for the purpose of the current zoningaction only. Issuance of and approval of development plans meeting all applicable development regulations. Infill residential development at densities compatible with the surrounding area. In this case, maintain a maximum density of 7.6 units per acre. Proposed internal drives shall meet all standards of the Augusta Traffic Engineering and Fire Departments. Issuance of development permits shall be contingent upon the submission and approval of plans meeting all applicable development regulations. (Deferred from the August 20,2019 regular meeting) The Clerk: No objectors, Mr. Mayor and members of the Commission. Mr. Mayor: The Chair recognizes the commissioner from the I'1. Mr. Fennoy: Motion to approve. Mr. B. Williams: Second. Mr. Mayor: All right, voting. Ms. Davis and Mr. Sias out. Motion carries 7-0. 4. Motion to approve encroachment permit for 916 Greene Street, Daniel Levinson 901 Greene Street LLC dlbla Shared Space. @equested by Mayor Pro Tem Sean Frantom - deferred from the August 20r2019 regular meeting) Mr. Mayor: The Chair recognizes the commissioner from the gth. Mr. Garreff: Motion to approve. Mr. Clarke: Second. Mr. Mayor: All right, we've got a motion and a second. The Chair recognizes the commissioner from the 1't. Mr. Fennoy: Will somebody explain to me what (inaudible)? Mr. Mayor: All right. The question is motion to approve the encroachment permit. If you'll walk us through that, Director Sherman. Mr. Sherman: The property is beside the old Library. The property in question where 916 is and it's going to be a parking lot, a Shared Space which is across Greene Street. The property where the encroachment will be is a strip of land beside the Public Defender's Office, the old library that once was a lane from Greene Street to the parking lot behind the library. The encroachment will allow the 916 parking lot to encroach into that lane area a few feet to make it wide enough for them to have parking spaces on either side of that 916 property. Now the lot was sold, it was a lot that belonged to the City and was conveyed to the property owner through the Land Bank. Mr. Fennoy: Okay. Mr. Mayor: All right, voting. Ms. Davis and Mr. Sias out. Motion carries 7-0. Mr. Mayor: I believe that's all from a special called meeting perspective, Madam Clerk. The Clerk: Yes, sir. Mr. Mayor: Okay. All right, the Chair recognizes Attorney Brown. 5. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good morning Mayor and Commission. We would request a motion to go into executive session to discuss items of pending or potential titigation. Mr. Mayor: All right, the Chair recognizes the commissioner from the Sft. Mr. Garrett: Move to approve. Mr. B. Williams: Second. Mr. Mayor: A motion and a second. Voting. Ms. Davis and Mr. Sias out. Motion carries 7-0. IEXECUTTVE SESSTONI Mr. Mayor: All right, we'll reconvene. The Chair recognizes Attorney Brown. 6. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mr. Mayor, we request that we move to execute the closed meeting affidavit. Mr. Garrett: So moved. Ms. Davis: Second. Mr. Mayor: Voting. Mr. D. Williams out. Motion carries 8-0. Mr. Mayor: I think that's all the business before us, Madam Clerk. The Clerk: Yes, sir. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Augusta Richmond County Commission held on August 27,2019. Clerk of Commission Commission Meeting Agenda 9/3/2019 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held on August 20, 2019 and Special Called Meeting held August 27, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM RFP Pension Investment Management Department: Department: Caption:Motion to award RFP 19-003 Investment Management and Trustee Administration Services of 1945 and 1949 Pension Plans to Morgan Stanley as recommended by Selection Committee. (No recommendation from the August 20, 2019 Pension Committee) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM Appointments District 10 Department: Department: Caption:Motion to approve the appointment of Mr. Lee Powell to the Animal Control Board; Ms. Kigwana Cherry to the Augusta Transit Citizens Advisory Board; reappointment of Ms. Annette Harland to the ARC Tree Commission and Mr. David Barbee to the ARC Personnel Board representing District 10. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 2:00 PM Olive Road Overpass Department: Department: Caption:Discuss Augusta Engineering Department's recommendations for the opening of the Olive Road Overpass. (Requested by Administration) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/3/2019 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: