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Home My WebLink About2019-11-19 Meeting MinutesCommission Meeting Agenda Commission Chamber - 11/19/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy (participates by telephone), Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend Andy Cook, Pastor Covenant Presbyterian Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) October 2019 Employee of the Month recipient A. Congratulations! Ms. Sallie Blandenburg October 2019 Employee of the Month. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made to the October 2019 Employee of the Month. CONSENT AGENDA (Items 1-25) PLANNING 1. FINAL PLAT – MCCOY’S CREEK SECTION 5 – S-900 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by James G. Swift & Associates, on behalf of Prather Construction. . DISTRICT 3 Item Action: Approved FP_MCCOYS_CREEK_5.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 2. FINAL PLAT – VILLAGE AT GOSHEN, Ph. 2 lots 1-13 - S-885-II – 1-13 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Jachens Land Surveying, on behalf of Gordon Group and Goshen Holdings LLC, requesting final plat approval for Village at Goshen, Phase 2, Lots 1-13. This residential townhome subdivision is located in the Village at Goshen development on Valencia Way and Castellon Way. DISTRICT 8 Item Action: Approved FP_VILLAGE_AT_GOSHEN_1-13.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 3. FINAL PLAT – VILLAGE AT GOSHEN, Ph. 2 lots 9-18 - S-885-II- 9-18 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Jachens Land Surveying, on behalf of Gordon Group and Goshen Holdings LLC, requesting final plat approval for Village at Goshen, Phase 2, Lots 9-18. This residential townhome subdivision is located in the Village at Goshen development on Valencia Way. DISTRICT 8 Item Action: Approved FP_VILLAGE_AT_GOSHEN_9-18.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 4. Z-19-44 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Klara Benzicron, on behalf of MEPE Living Trust, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone B-2 (General Business) affecting property containing 9 acres and known as 101 Dan Bowles Road. Tax Map 087-4-128-00-0 DISTRICT 2 Item Action: Approved Z-19-44.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 5. Z-19-49 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by J-Gar Inc. requesting a change of zoning from Zone B-1 (Neighborhood Business), R-1A (One-family Residential) and HI (Heavy Industry) to Zone B-2 (General Business) affecting property containing 3.78 acres and is 3 tax parcels known as 1038, 1046 and 1048 Claussen Road. Tax Map 012-0-012-00-0, 012-0-014-01-0, 012-0-014-04-0 DISTRICT 7 Item Action: Approved Z-19-49.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes PUBLIC SERVICES 6. Motion to approve the 2020 Cooperative Sub Grant Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA. (Approved by Public Services Committee November 12, 2019) Item Action: Approved Cooperative_Agreement_Fiscal_Year_2020.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 7. Motion to approve New Ownership: A.N. 19-40: request by Allan Soto for an on premise consumption Liquor, Beer & Wine License to be used in connection with Pineapple Ink Tavern located at 1002 Broad Street. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee November 12, 2019) Item Action: Approved AN.19-40.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 8. Motion to approve New Location: A.N. 19-41: A request by Celvon M. Mitchell for an on premise consumption Liquor, Beer, & Wine License to be used in connection with Primetime Bar & Grill located at 1721 Gordon Highway. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee November 12, 2019) Item Action: Approved AN.19-41.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 9. Motion to approve request by the Planning & Development Department to renew the existing Alcohol Licenses in the City of Augusta. There will be Arcades. There will be Dance. There will be Sunday Sales. Districts 1-8. Super Districts 9-10. (Approved by Public Services Committee November 12, 2019) Item Action: Approved Alcohol_Renewals_2020.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 10. Motion to approve the Permeable Grid Solutions- Ecoraster in the amount of $149,877.36. (Approved by Public Services Committee November 12, 2019) Item Action: Approved ecoraster.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis ADMINISTRATIVE SERVICES 11. Motion to approve Engineering Department-Maintenance Division requests the purchase of one new Compact, All-Wheel Steer Loader at a cost of $68,038.50 from Bobcat of Augusta, GA. Bid Item 19-207. (Approved by Administrative Services Committee November 12, 2019) Item Action: Approved 19-207_Tab_Sheet-Compact_All_Wheeled_Steer_Ldr.xlsx 19-207_Advertisement_to_Paper_Revision.pdf 19-207_OFFICIAL_TAB_SHEET.xls.pdf 19-207_Department_Recommendation_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. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 12. Motion to approve Utilities Department-Facilities Maintenance Division requests the purchase of one replacement truck, with a utility service body, at a cost of $105,764.00 from Nextran Truck Center, Macon, Georgia. Bid Item 19-260 (Approved by Administrative Services Committee November 12, 2019) Item Action: Approved 19-260_Tab_Sheet-_31,000_GVWR-_Procurement.pdf EVAL_-_F02059.pdf 19-260_Advertisement_to_Paper.pdf 19-260_Department_Recommendation_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. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 13. Motion to authorize amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and the Boys and Girls Club of the CSRA – Heritage Academy site, specifically $3,700 in expenses from the Training line item to the Personnel line item in the Agreement. (Approved by Administrative Services Committee November 12, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 14. Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with J. Lovett Homes & Construction for the reconstruction of driveway at 1246 Pine Street. (Approved by Administrative Services Committee November 12, 2019) Item Action: Approved 1246_Pine_Driveway_Reconfiguration_Sketch.pdf 1246_Pine_Street_estimate.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 15. Motion to approve Housing and Community Development Department’s (HCD's) request to provide contract with Antioch Ministries to construct three (3) affordable, residential units on Perry Avenue (within Laney Walker Bethlehem) Warrick Dunn (WD) Communities. (Approved by Administrative Services Committee November 12, 2019) Item Action: Approved Contract_1216_Perry_-_Antioch_developer.pdf Contract_1220_Perry_-_Antioch_developer.pdf Contract_1222_Perry_-_Antioch_developer.pdf 1220_Perry_contract_back-up.pdf 1220_Perry_contract_back-up.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes PUBLIC SAFETY 16. Motion to accept PetSmart Adoption Preparation Grant in the amount of $35,000. The grant will support activities related to preparing animals for adoption. (Approved by Public Safety Committee November 12, 2019) Item Action: Approved PetSmart_Grant_Info.pdf PetSmart_Grant_Agreement.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 17. Motion to accept a grant form the Criminal Justice Coordinating Council (CJCC) for continuation of the Victims of Crime Act (VOCA) Grant with funding from the Continuation Base and Comp Advocate to provide services Item Action: Approved to crime victims from October 1, 2019 through September 30, 2020, and authorize the Mayor to execute the necessary documents. (Approved by Public Safety Committee November 12, 2019) 2019-12-11_District_Atty._PSC.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 18. Motion to approve the Richmond County Sheriff's Office (RCSO) is requesting approval for the funding of the resurfacing of the training range driving course located at 2098 Greenland Road Blythe, GA. E. R. Snell Bid Item 19-279 (Approved by Public Safety Committee November 12, 2019) Item Action: Approved ARC_Sheriff_driving_track_.pdf 0_TABLE_OF_CONTENTS.docx 1._INSTRUCTION_TO_BIDDERS.doc 2_PPA.doc 3._BID_PROPOSAL.doc 4._AGREEMENT_(1).doc 4._AGREEMENT_(1).doc 5_PROJECT_SPECIFIC_SPECIAL_CONDITIONS.doc 6._GENERAL_CONDITIONS.doc Bid_#19-279_letter.pdf 19-279_TAB.pdf 19-279_ITB_to_Paper.pdf 19-279_MPB.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf Compliance_Information.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes ENGINEERING SERVICES 19. Motion approve the installation of 46 street lights along Walton Way between 15th Street and D’Antignac Street with an annual cost of $27,600.00. Funding is available for construction in 2019 Capital Outlay Funds budget account #272041610-54.14410, and annual maintenance and power is available through Street Lighting Fund #276041610-53.12310. (Approved by Engineering Services Committee November 12, 2019) Item Action: Approved SKM_C284e19102310030.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 20. Motion to approve the purchase of a Kubota M5091 HDC Tractor Loader- Batwing-Sweeper Combo, bid item #19-252 from J & B Tractor Co., Inc., Augusta GA as the compliant bidder with no exceptions. (Approved by Engineering Services Committee November 12, 2019) Item Action: Approved 2019.08.08_Bid_Item_19-252_Tractor-Front_Loader_-_Batwing_Sweeper_Combo_-_Award_Rec_Memo.pdf 19-252_ITB_-_SENT_TO_PAPER.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 Passes Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis 21. Motion to determine that Clanton Road 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, 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. (Approved by Engineering Services Committee November 12, 2019) Item Action: Approved 2019-12-11_Clanton_Road-Plat.pdf Clanton_Road-Tract_C.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 22. Motion to approve month-to-month contract with current vendor agreement Atlantic Coast Consulting, Inc. relating to the Environmental Services Department. (Approved by Engineering Services Committee November 12, 2019) Item Action: Approved 2019-12-11_Comm._Hasan_ESC.pdf SKM_C65819110712310.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve a quarterly contract with Atlantic Coast Commissioner Ben Hasan Commissioner Mary Davis Passes Consulting, Inc. at a standard rate cost with the City to give one- quarter's notice if they wish to terminate the contract and with the Administrator and Law Department to prepare and negotiate the terms of the contract and bring it back before the Commission for approval. Mr. Fennoy out. Voting No: Commissioner Marion Williams. Motion Passes 8-1. 23. Motion to approve award of Bid Item #19-286 to Blair Construction, Inc. to construct the Fort Gordon 15th Street Collector Sanitary Sewer under the Task Order Program RFQ #18-263 in the amount of $2,888,188.00. (Approved by Engineering Services Committee November 12, 2019) Item Action: Approved Bid_19-286_Fort_Gordon_15th_Street_San_Sewer_-_Director_Memo.pdf Bid_19-286_Fort_Gordon_15th_Street_San_Sewer_-_Bid_Tab.pdf Bid_19-286_Fort_Gordon_15th_Street_San_Sewer_-_Map.pdf Invitation_to_Bid.pdf 19-286_MPB.pdf Mail_Labels.pdf Compliance_Information.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 24. Motion to approve Award of “On-Call Professional Services for Engineering and Field Design, small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspection & Investigations” Services (CEI Services) Contract to ZEL Engineers, Infrastructure Management Systems, Moreland Altobelli, Hussey Gay Bell and Cranston Engineering, subject to receipt of signed contract and proper insurance documents. The Contract is for three years with renewal option of two additional years. Also, approve $500,000 to fund the CEI Services. Requested by AED. RFP 19-241 (Approved by Engineering Services Committee November 12, 2019) Item Action: Approved 19-241_On-Call_Engineering_Doc_9.23.19_(003).pdf 19-241_Advertisement_to_Paper.pdf 19-241_Cumulative.pdf Process_Regarding_RFPs.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. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes PETITIONS AND COMMUNICATIONS 25. Motion to approve the minutes of the regular meeting of the Augusta Commission held on November 5, 2019 and Special Called Meetings held on November 5 and November 12, 2019. Item Action: Approved Called_Commission_Meeting_November_5_2019.pdf Regular_Commission_Meeting_November_5_2019.pdf Called_Commission_Meeting_November_12_2019.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/19/2019 AUGUSTA COMMISSION REGULAR AGENDA 11/19/2019 (Items 26-38) PUBLIC SERVICES 26. Motion to approve recommendations for various capital improvement projects funded through SPLOST 7. (No recommendation from Public Services Committee November 12, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Motion Result Approve Motion to approve the recommended and committed lists and to make Fleming Park a priority project. Mr. Fennoy out. Motion Passes 9-0. Commissioner Sammie Sias Commisioner Sean Frantom Passes 27. Motion to approve the new construction of facility at the Henry H. Brigham Center. (No recommendation from Public Services Committee November 12, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to delete this item from the agenda. Mr. Fennoy out. Motion Passes 9-0. Commissioner Bobby Williams Commissioner Ben Hasan Passes 28. Motion to approve forwarding this item to the full Commission to receive an update from the Marshal's Department regarding the issue of citing citizens for overloading trash containers and also to have Planning & Development to bring back some industry standards regarding the proper size dumpsters to be located in apartment complexes. (Approved by Public Services Committee November 12, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Mr. D. Williams and Mr. Fennoy out. Motion Passes 8-0. Commissioner Sammie Sias Commissioner Ben Hasan Passes ADMINISTRATIVE SERVICES 29. Discuss with CVB and Film Augusta and other film industry experts about 401 Walton Way importance to the filming industry. (No recommendation from Administrative Services Committee November 12, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Commisioner Sean Frantom Commissioner Mary Davis Passes Mr. Fennoy out. Motion Passes 9-0. 30. Discuss the Richmond County Coliseum Authority's decision to remove the James Brown Arena signage from the Augusta Entertainment Complex. (Requested by Commissioner Marion Williams) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission that the members of the Coliseum Authority be asked to attend the Public Services Committee meeting on November 26, 2019. PUBLIC SAFETY 31. Motion to stop Augusta's pursuit of the EMS Zone. (Requested by Commissioner Sammie Sias) Item Action: Disapproved 2019-19-11_Comm._Sias.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Voting No: Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 5-4. Commissioner Sammie Sias Commissioner Brandon Garrett Fails 32. Ms. Bessie Jones regarding an unfair/excessive incident with the Richmond County Sheriff's Department. (No recommendation from Public Safety Committee November 12, 2019) Item Action: None 2019-12-11_Bessie_Jones_Public_Safety_Cmte..pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result No formal action is taken on this item. ENGINEERING SERVICES 33. Motion to award RFQ #19-282, Professional Services for the Preparation of a Risk and Resilience Assessment to HDR Engineering, Inc. in the amount of $249,680. (No recommendation fromEngineering Services Committee November 12, 2019) Item Action: Approved AWIAHandout2019.pdf 19-282_Advertisement_to_Paper.pdf 19-282_TAB.pdf 19-282__Cum.pdf 19-282_Department_Recommendation_of_Award.pdf Process_Regarding_RFPs.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. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 34. Motion to adopt parking management plan as recommended by SP+. (Requested by Mayor Hardie Davis, Jr.) Item Action: Rescheduled 2019-05-11_Mayor_Davis.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to bring this item and items 35 and 36 back for consideration at the December 10th committee meeting. Voting No: Commissioner William Fennoy, Commissioner Brandon Garrett, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Passes 6-4. Commissioner Ben Hasan Commisioner Sean Frantom Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve reconsidering the previous action on this item. Mr. Clarke, Ms. Davis and Mr. Fennoy out. Voting No: Commissioner Brandon Garrett. Motion Passes 6-1. Commissioner Ben Hasan Commissioner Sammie Sias Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve placing this item on the November 26 committee cycle if all three items (34, 35 and 36) are completed and ready to take action on. Motion Passes 7-0. Commissioner Ben Hasan Commissioner Sammie Sias 35. Motion to adopt parking management contract with SP+ for period of 3 yrs with 2 one year renew options. (Requested by Mayor Hardie Davis, Jr.) Item Action: Rescheduled ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the December 3 meeting. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve reconsidering the previous action on this item. Mr. Clarke, Ms. Davis and Mr. Fennoy out. Voting No: Commissioner Brandon Garrett. Motion Passes 6-1. Commissioner Ben Hasan Commissioner Sammie Sias Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve placing this item on the November 26 committee cycle if all three items (34, 35 and 36) are completed and ready to take action on. Motion Passes 7-0. Commissioner Ben Hasan Commissioner Sammie Sias Passes 36. Motion to adopt parking management ordinance as amended by Traffic Engineering and Planning Department. (Requested by Mayor Hardie Davis, Jr.) Item Action: Rescheduled ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the December 3 meeting. Mr. Fennoy out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Mary Davis Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve reconsidering the previous action on this item. Mr. Clarke, Ms. Davis and Mr. Fennoy out. Voting No: Commissioner Brandon Garrett. Motion Passes 6-1. Commissioner Ben Hasan Commissioner Sammie Sias Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve placing this item on the November 26 committee cycle only if all three items (34, 35 and 36) are completed and ready to take action on. Mr. Clarke, Ms. Davis and Mr. Fennoy out. Motion Passes 7-0. Commissioner Ben Hasan Commissioner Sammie Sias Passes ADMINISTRATOR 37. Approve FY 2020 budget for Augusta Georgia. Item Action: Approved budget_resolution_-2020.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Voting No: Commissioner John Clarke, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Passes 6-3. Commissioner Ben Hasan Commissioner Bobby Williams Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve reconsidering the previous action to vote on the budget. Mr. Sias votes Present. Mr. Fennoy out. Voting No: Commissioner Sammie Sias Commissioner Ben Hasan Passes Commissioner Marion Williams. Motion Passes 7-1 -1. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve adopting the budget as it has been presented today. Mr. Fennoy out. Voting No: Commissioner John Clarke, Commissioner Marion Williams. Motion Passes 7-2. Commissioner Ben Hasan Commissioner Sammie Sias Passes ADDENDUM 38. Discuss/receive information from HCD staff and related person(s) regarding the reported security concerns and living condition(s) at the Linden Square Senior Citizens Housing Complex (formerly constructed and owned by the 30901 Development Corporation). (Requested by Commissioner Marion Williams) Item Action: None 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 Information regarding ownership is given to the Clerk; no formal action is taken at this time. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 39. 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 11/19/2019 2:00 PM Attendance 11/19/19 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/19/2019 2:00 PM Invocation Department: Department: Caption:Reverend Andy Cook, Pastor Covenant Presbyterian Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/19/2019 2:00 PM October 2019 Employee of the Month recipient Department:Human Resources Department:Human Resources Caption: Congratulations! Ms. Sallie Blandenburg October 2019 Employee of the Month. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/19/2019 2:00 PM Final Plat McCoys Creek Sec. 5 Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – MCCOY’S CREEK SECTION 5 – S-900 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by James G. Swift & Associates, on behalf of Prather Construction. . DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Final Plat Village at Goshen Ph 2 Lots 1-13 Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – VILLAGE AT GOSHEN, Ph. 2 lots 1-13 - S- 885-II – 1-13– A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Jachens Land Surveying, on behalf of Gordon Group and Goshen Holdings LLC, requesting final plat approval for Village at Goshen, Phase 2, Lots 1-13. This residential townhome subdivision is located in the Village at Goshen development on Valencia Way and Castellon Way. DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Final Plat Village at Goshen Ph 2 Lots 9-18 Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – VILLAGE AT GOSHEN, Ph. 2 lots 9-18 - S- 885-II- 9-18 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Jachens Land Surveying, on behalf of Gordon Group and Goshen Holdings LLC, requesting final plat approval for Village at Goshen, Phase 2, Lots 9-18. This residential townhome subdivision is located in the Village at Goshen development on Valencia Way. DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Z-18-44 Department:Planning and Development Department:Planning and Development Caption: Z-19-44 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Klara Benzicron, on behalf of MEPE Living Trust, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone B-2 (General Business) affecting property containing 9 acres and known as 101 Dan Bowles Road. Tax Map 087-4-128-00-0 DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Z-19-49 Department:Planning and Development Department:Planning and Development Caption: Z-19-49 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by J-Gar Inc. requesting a change of zoning from Zone B-1 (Neighborhood Business), R-1A (One-family Residential) and HI (Heavy Industry) to Zone B-2 (General Business) affecting property containing 3.78 acres and is 3 tax parcels known as 1038, 1046 and 1048 Claussen Road. Tax Map 012-0-012-00-0, 012-0- 014-01-0, 012-0-014-04-0 DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM 2020 Cooperative Sub-Grant Agreement for Senior Nutrition Program Department:Recreation and Parks Department Department:Recreation and Parks Department Caption:Motion to approve the 2020 Cooperative Sub Grant Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA. (Approved by Public Services Committee November 12, 2019) Background:The Augusta Recreation, Parks Department operates six senior nutrition sites throughout the county through a partnership with the CSRA Regional Commission which provides state and federal grant funds to provide 142,699 meals to senior citizens including the home delivery program. Analysis:The agreement provides the mechanism for Augusta, Georgia to receive $718,677 in 2020. Financial Impact:Augusta’s match for the 2020 Agreement is $47,299. Alternatives:1. To approve the 2020 Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA. 2. To deny, this would result in forfeiting grant funds and possibly terminating the program. Recommendation:1. To approve the 2020 Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA Funds are Available in the Following Accounts: 220054322 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership: A.N. 19-40: request by Allan Soto for an on premise consumption Liquor, Beer & Wine License to be used in connection with Pineapple Ink Tavern located at 1002 Broad Street. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee November 12, 2019) Background:This is a New Ownership. Formerly in the name of Karen Draper. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $5,715.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 19-41: A request by Celvon M. Mitchell for an on premise consumption Liquor, Beer, & Wine License to be used in connection with Primetime Bar & Grill located at 1721 Gordon Highway. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee November 12, 2019) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,535.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Robert H. Sherman, III - Director w.!s85Et&8Qv MEMORANDUM To: Hardie Davis, Jr. Mayor Sean Frantom, Mayor Pro Tem Augusta Georgia Commissioners Jarvis R. Sims lnterim Administrator NV'From: Robert H. Shermai lll, Director of Planning & Development Date: November L,20L9 Re:Renewal of the Arcades, Dance & Alcohol Licenses for the year 2020 Enclosed you will find a copy of the Arcade, Dance & Alcohol License Book to be renewed for the Year 2020. 1803 Marvin Griffin Road, Augusta, GA. 30906 Building Permib Busincss Liccose Alcohol Liccnse Codc Enforccnrcnt 706.312.5050 Fax 706.312.4277 705.312.5053 Fax 706.312.503? 706312.5038Fu.1M.82[.4253 706.312.5049 Fox 7A6.t21.4233 Roberl H. Sheman lll 1803 Maruin Gdllin Road Augusla, GA 30906 Commission Meeting Agenda 11/19/2019 2:00 PM Alcohol Renewals 2020 Department:Planning & Development Department:Planning & Development Caption:Motion to approve request by the Planning & Development Department to renew the existing Alcohol Licenses in the City of Augusta. There will be Arcades. There will be Dance. There will be Sunday Sales. Districts 1-8. Super Districts 9-10. (Approved by Public Services Committee November 12, 2019) Background:This is the yearly renewal of the year 2020. Analysis:The applicants meet the requirements for the renewal of their current Alcohol License. Financial Impact: Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Permeable Grid Solutions- ECORASTER Purchase Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the Permeable Grid Solutions- Ecoraster in the amount of $149,877.36. (Approved by Public Services Committee November 12, 2019) Background:The Augusta Aviation Commission has approved the purchase of Ecoraster, from Permeable Grid Solutions in the amount of $149,877.36 This is an innovative and environmentally friendly grid paving system that is an alternative to concrete and asphalt. The Ecoraster will provide the Airport with additional parking on the Airfield during Masters Week. This can also be moved to other areas as/when needed. Currently, the East Location is lacking infrastructure to support vehicle traffic during Airport Operations during Masters Week. This will provide a viable solution. Requesting purchase approval from the Augusta- Richmond County Commission. Analysis:This is a sole source purchase and has passed the approval for the Augusta-Richmond County Procurement Department. Financial Impact:$149,877.36 Alternatives:To Deny Recommendation:Recommending Approval Funds are Available in the Following Accounts: 551081306-5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Capital Improvement Projects Department: Department: Caption:Motion to approve recommendations for various capital improvement projects funded through SPLOST 7. (No recommendation from Public Services Committee November 12, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/19/2019 2:00 PM Henry H. Brigham Center Facility Department: Department: Caption:Motion to approve the new construction of facility at the Henry H. Brigham Center. (No recommendation from Public Services Committee November 12, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/19/2019 2:00 PM Litter Control Violations and Enforcement Department:Planning & Development Department:Planning & Development Caption:Motion to approve forwarding this item to the full Commission to receive an update from the Marshal's Department regarding the issue of citing citizens for overloading trash containers and also to have Planning & Development to bring back some industry standards regarding the proper size dumpsters to be located in apartment complexes. (Approved by Public Services Committee November 12, 2019) Background:At the October 29, 2019 Public Service Committee meeting, agenda item # 4 concerned litter around garbage cans in residential area, and how was this type of problem addressed. Rob Sherman explained that Environmental Services and the Marshal's Office typically addressed this type of problem and that Planning, Environmental Services, and the Marshal's Office would report back to the Committee at the November 12th meeting. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission BID 19-207 Year 2019 2019 Make Bobcat Bobcat Model A770 A770 Base Price (5.00)$56,080.00 $83,500.00 Delivery Date 90 DAYS ARO 14 Weeks ARO Item # 9.01 Enclosed Cab $5,404.00 N/A Item # 11.01 Turf and Sand Tires $2,911.68 Included Item # 11.02 Root Grapple Attachment $2,887.12 Included Item # 11.03 Backup Alarm $126.17 Included Item # 11.04 Fire Extinguisher $120.15 Included Item # 11.05 Extra User's Manual $93.75 Included Item # 11.06 Parts Manual $125.00 Included Item # 11.07 Maintenance Manual $140.63 Included Item # 11.08 Initial Instruction Included Included Item # 11.09 Extra Set of Keys Included Included Item # 11.10 Delivery Charge $150.00 Included TOTALS:$68,038.50 $83,500.00 FOR ALL DEPARTMENTS-COMPACT ALL WHEEL STEER LOADER - ENGINEERING MAINTENANCE- BID OPENING 4/26/19 @ 11:00 Technology International, Lake Mary, FL Specialty Item Description Bobcat of Augusta, GA Invitation to Bid Sealed bids will be received at this office until Friday, April 26, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-207 2019/2020 Compact All Wheel Steer Loader Bid Item #19-209 2019/2020 Truck 3100 GVW Enclosed Service Body Bid Item #19-213 2019/2020 Landscape Truck Bid Item #19-216 2019/2020 Flatbed Dump Truck 26000 GVWR Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 12, 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 March 21, 28, April 4, 11, 2019 Metro Courier March 21, 2019 OFFICIAL VENDORS UNITED RENTALS 2425 MIKE PADGETT HWY AUGUSTA, GA 30906 DITCH WITCH OF GEORGIA 5430 GA HIGHWAY 85 FOREST PARK, GA 30297 BOBCAT OF AUGUSTA 2803 WYLDS ROAD AUGUSTA, GA 30909 TECHNOLOGY INTERNATIONAL, INC 1349 S. INTERNATIONAL PKWY LAKE MARY, FL 32746 Attachment B NO BID NO BID Yes Yes E-Verify Number 705362 Affidavit SAVE Form Yes Yes 11.01 Turf and Sand Tires $2,911.68 Included 11.02 Quick Connect Root Grapple Attachment $2,887.12 $4,080.00 11.03 Backup alarm $126.17 Included 11.04 Fire extinguisher $120.15 $550.00 11.05 Extra User’s Manual (2 EA Total) $93.75 Included 11.06 Parts Manual 1 EA (If applicable) $125.00 Included 11.07 Maintenance Manual 1 EA (If applicable) $140.63 Included 11.08 Technical services Included Included 11.09 Keys Included Included 11.10 Delivery Charge $150.00 Included Enclosed Cab $5,404.00 Unit Price $56,080.00 $83,500.00 Year 2019 2019 Make BOBCAT Bobcat Model A770 A770 Approximate Delivery Time 90 Days ARO 14 Weeks ARO 2019/2020 Compact All-Wheel Steer Loader Bid Opening Item #19-207 2019/2020 Compact All Wheel Steer Loader for Augusta, Georgia- Central Services Department-Fleet Maintenance Division Bid Due: Friday, April 26, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 22 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 30 Georgia Procurement Registry: 223 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 11.00 Specialty Items Enclosed Cab Page 1 of 1 Commission Meeting Agenda 11/19/2019 2:00 PM 2019 - Engineering-Maintenance Bobcat Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Engineering Department-Maintenance Division requests the purchase of one new Compact, All-Wheel Steer Loader at a cost of $68,038.50 from Bobcat of Augusta, GA. Bid Item 19-207. (Approved by Administrative Services Committee November 12, 2019) Background:The steer loader will support tree removal operations. It allows for a tight turning radius, compact transportability and the functionality necessary to perform tree removal tasks. The bid tab sheet for Bid 19-207: Compact All-Wheel Steer Loader is attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Compact All-Wheel Steer Loader. Invitations to bid were sent to twenty-two (22) vendors to include seven (7) qualified local vendors. The vendor, Bobcat of Augusta, from Augusta, GA was able to offer the requested product with necessary specifications at the lowest price. Bid 19- 207: Compact All-Wheel Steer Loader: 2019 Bobcat A770 – Bobcat of Augusta: $68.038.50 (Augusta, GA); 2019 Bobcat A770 – Technology International, Inc: $83,500.00 (Lake Mary, FL) Financial Impact:One (1) – 2019 Bobcat A770 Compact All-Wheel Steer Loader @ $68,038.50 each. The equipment will be purchased with capital funds (ACCT# 272-01-6440/54-21110). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one – 2019 Bobcat A770 Compact All- Wheel Steer Loader at a cost of $68,038.50 from Bobcat of Augusta, GA for the Engineering Department-Maintenance Division Funds are Available in the Following Accounts: ACCT# 272-01-6440/54-21110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, July 26, 2019 @ 11:00 a.m. for furnishing for: Central Services Department – Fleet Maintenance Bid Item # 19-258 2019/2020 Dump Truck Bid Item # 19-260 2019/2020 Utility Truck 31,000 GVWR Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to the office of the Procurement Department by Friday, July 12, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 20, 27, July 4, 11, 2019 Metro Courier June 20, 2019 Commission Meeting Agenda 11/19/2019 2:00 PM 2019 - Utilities-Facilities Maintenance F750 Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Utilities Department-Facilities Maintenance Division requests the purchase of one replacement truck, with a utility service body, at a cost of $105,764.00 from Nextran Truck Center, Macon, Georgia. Bid Item 19-260 (Approved by Administrative Services Committee November 12, 2019) Background:The Utilities Department-Facilities Maintenance Division is requesting to replace a 2002 Ford F-450 with a newer truck. The vehicle being replaced, asset # F02059, was a Ford F-450, with a service body, that was initially acquired in 2002 at a cost of $41,054. The vehicle was disposed of and sold on the GovDeals.com after the transmission failed on the vehicle in February 2019. The cost to repair the truck exceeded the value of the truck. An evaluation of the truck is attached for review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Truck, Utility Service Body 31,000 GVWR. Invitations to bid were sent to twenty-seven (27) vendors to include four (4) qualified local vendors. The vendor, Nextran Truck Center, from Macon, GA was able to offer the requested product with necessary specifications at the lowest price. Bid 19-260: Truck, Utility Service Body 31,000 GVWR: 2019 Ford F750 – Nextran Truck Center: $105,764.00 (Macon, GA); 2020 Hino 338 – CSRA Fleetcare: $108,658.00 (Augusta, GA); 2020 Freightliner MZ106 – Freightliner of Augusta: $115,500.00 (Augusta, GA); 2019 Ford F750 – Alan Jay Fleet Sales: $115,070.00 (Sebring, FL) Financial Impact:One (1) – 2019 Ford F750 Truck, Utility Service Body 31,000 GVWR for $105,764.00 each. The equipment will be purchased with capital funds (ACCT# 506-04-3580/54.22210). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one – 2019 Ford F750 Truck, Utility Service Body for the Utilities-Facilities Maintenance Division. Funds are Available in the Following Accounts: ACCT# 506-04-3580/54-22210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM HCD_ Boys and Girls Club: 2018 CDBG Grant Amendment Request Department:HCD Department:HCD Caption:Motion to authorize amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and the Boys and Girls Club of the CSRA – Heritage Academy site, specifically $3,700 in expenses from the Training line item to the Personnel line item in the Agreement. (Approved by Administrative Services Committee November 12, 2019) Background:Each year, Augusta, Georgia receives a direct allocation of funds for the Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development (HUD). Subsequently, Augusta Housing and Community Development (HCD) solicits applications for funding under the CDBG grant from local non-profits to administer Public Service programs and recommends eligible applicants to the Augusta, Georgia Commission as part of the Annual Action Plan to provide services to low and low to moderate income residents of Augusta, Georgia. Occasionally, these non-profit sub recipients experience obstacles in expending funds in a timely manner and may require an amendment to their contract agreement with Augusta, Georgia to ensure they are able to meet the regulatory requirements of expenditure eligibility in a timely manner. This sub recipient, Boys and Girls Club of the CSRA – Heritage Academy site, deemed it more beneficial to their agency budget to allocate funds for staffing needs in support of their program. Thus, the agency is requesting to amend their agreement to support economic development through employment compensation for program staff supporting the activities covered under the terms of their Agreement. Boys and Girls Club is requesting to move funds allocated under the agreement in the amount of $3,700 from the Training line item to the Personnel line item to facilitate the timely expenditure of these funds in compliance with HUD requirements. This request does not represent a change in the overall contract amount. Analysis:Approval of amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and the Boys and Girls Club of the CSRA – Heritage Academy site, to move $3,700 in expenses from the Training line item to the Personnel line item, will allow the Boys and Girls Club of the CSRA to expend funds in an timely manner in compliance with the applicable regulations for Public Service costs under the HUD-funded CDBG program for youth services provided within Augusta-Richmond County. Financial Impact:The requested amendment represents a reallocation of existing budget across line item categories. The amendment requests to move $3,700 in expenses from the 2018 CDBG Agreement with Boys and Girls Club of the CSRA– Heritage Academy site from the Training line item into the Personnel line item. This request does not represent a change in the overall contract amount. Alternatives:Deny HCD’s request to authorize amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and Boys and Girls Club of the CSRA – Heritage Academy to move $3,700 in expenses from the Training line item into Personnel costs. Recommendation:Motion to authorize amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and the Boys and Girls Club of the CSRA – Heritage Academy site, specifically $3,700 in expenses from the Training line item to the Personnel line item in the Agreement. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Community Development Block Grant (CDBG). Org key and object code: 221073211-5211119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission NEW CONCRETE 1246 Pine Street—Driveway Reconfiguration Commission Meeting Agenda 11/19/2019 2:00 PM HCD_ Laney Walker/Bethlehem Driveway Reconstruction Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with J. Lovett Homes & Construction for the reconstruction of driveway at 1246 Pine Street. (Approved by Administrative Services Committee November 12, 2019) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves reconstruction of a driveway at 1246 Pine Street. Analysis:The approval of the contract will allow for development activities on these sites to begin. Financial Impact:Augusta Housing and Community Development Department’s Laney Walker Bethlehem Project funding will fund this contract. Contract Amount 1246 Pine Street $6,250.00 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with J. Lovett Homes & Construction for the reconstruction of driveway at 1246 Pine Street. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Project funds REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And ANTIOCH MINISTRIES, INC. in the amount of $73,435.29 USD Seventy-Three Thousand, Four-Hundred and Thirty-Five Dollars and 45/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1216 Perry Avenue THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 510 Fenwick Street, 2nd Floor, Augusta, Georgia 30901, as party of the first part, and Antioch Ministries, Inc., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "ANTIOCH MINISTRIES, INC.” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with ANTIOCH MINISTRIES, INC. for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, ANTIOCH MINISTRIES, INC. has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 2 WHEREAS, ANTIOCH MINISTRIES, INC. has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, ANTIOCH MINISTRIES, INC. has requested and Augusta has approved a total of $73,435.29 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: ANTIOCH MINISTRIES, INC. agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of new single family housing units along Pine Street. Under this Agreement: Perform new construction services for one (1) single family detached homes identified as property number 1216 Perry Avenue. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. ANTIOCH MINISTRIES, INC. is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by ANTIOCH MINISTRIES, INC. for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $69,435.29. 1. Construction An amount not to exceed sixteen percent (16%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1216 Perry Avenue as part of the Heritage Pine Street Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 3 \ 2. Profit An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to ANTIOCH MINISTRIES, INC. for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1216 Perry Avenue. AHCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1216 Perry Avenue. 3. Developer’s Fee An amount not to exceed $4,000.00 in a grant shall be expended to ANTIOCH MINITRIES, INC. in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 1216 Perry Avenue. C. Program Location and Specific Goals to be Achieved ANTIOCH MINISTRIES, INC. shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by ANTIOCH MINISTRIES, INC. will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, ANTIOCH MINISTRIES, INC. shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT ANTIOCH MINISTRIES, INC. will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, ANTIOCH MINISTRIES, INC., may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 4 1. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, shall be on a pay for performance basis provided ANTIOCH MINISTRIES, INC. and AHCD determine the progress is satisfactory. ANTIOCH MINISTRIES, INC. shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, ANTIOCH MINISTRIES, INC. will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. AHCD will monitor the progress of the project and ANTIOCH MINISTRIES, INC.’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. ANTIOCH MINISTRIES, INC. and AHCD shall share in the cost and proceeds of developing the residence at 1216 Perry Avenue as follows: 4. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any ANTIOCH MINISTRIES, INC. and AHCD deemed satisfactorily progress made within the contracted construction only amount. 7. AHCD will retain five percent (5%) of an amount of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until ANTIOCH MINISTRIES, INC. and AHCD determine that all AHCD punchlist items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1216 Perry Avenue. Additionally, AHCD will provide one hundred percent (100%) of all change orders (where applicable) as approved by both Augusta and ANTIOCH MINISTRIES, INC. in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities ANTIOCH MINISTRIES, INC. shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 5 approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 1216 Perry Avenue. Liquidated Damages ANTIOCH MINISTRIES, INC. agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of ANTIOCH MINISTRIES, INC.. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of ANTIOCH MINISTRIES, INC.. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses ANTIOCH MINISTRIES, INC. is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as 1216 Perry Avenue as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. ANTIOCH MINISTRIES, INC. shall be paid a total consideration of no more than $4,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of ANTIOCH MINISTRIES, INC.. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and ANTIOCH MINISTRIES, INC.. ANTIOCH MINISTRIES, INC. shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 6 ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and ANTIOCH MINISTRIES, INC. (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to ANTIOCH MINISTRIES, INC., or any subcontractor hereunder. B. ANTIOCH MINISTRIES, INC. shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to ANTIOCH MINISTRIES, INC.’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by ANTIOCH MINISTRIES, INC. for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. ANTIOCH MINISTRIES, INC. shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by ANTIOCH MINISTRIES, INC.. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at 1216 Perry Avenue, AHCD is to provide ANTIOCH MINISTRIES, INC. with any outstanding payments on approved invoices and related costs received within ten (10) business days. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 7 ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest ANTIOCH MINISTRIES, INC. agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of ANTIOCH MINISTRIES, INC.. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. ANTIOCH MINISTRIES, INC. in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by ANTIOCH MINISTRIES, INC.. In such instances, ANTIOCH MINISTRIES, INC. shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and ANTIOCH MINISTRIES, INC.. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. ANTIOCH MINISTRIES, INC. agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in ANTIOCH MINISTRIES, INC.’s publications and/or advertisements. (24 CFR 570.601). B. ANTIOCH MINISTRIES, INC. agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 8 C. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. ANTIOCH MINISTRIES, INC. agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), ANTIOCH MINISTRIES, INC. agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. ANTIOCH MINISTRIES, INC. agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. ANTIOCH MINISTRIES, INC. agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. ANTIOCH MINISTRIES, INC. will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. ANTIOCH MINISTRIES, INC. will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 9 J. In accordance with Section 570.608 of the CDBG Regulations, ANTIOCH MINISTRIES, INC. agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, ANTIOCH MINISTRIES, INC. agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by ANTIOCH MINISTRIES, INC. for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. ANTIOCH MINISTRIES, INC. shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ANTIOCH MINISTRIES, INC. agrees to obtain all necessary permits for intended improvements or activities. O. ANTIOCH MINISTRIES, INC. shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ANTIOCH MINISTRIES, INC. agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 10 Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. ANTIOCH MINISTRIES, INC. agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. ANTIOCH MINISTRIES, INC. agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. ANTIOCH MINISTRIES, INC. will not discriminate against any person applying for shelter on the basis of religion. ANTIOCH MINISTRIES, INC. will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if ANTIOCH MINISTRIES, INC. has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to ANTIOCH MINISTRIES, INC. with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. ANTIOCH MINISTRIES, INC. is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 11 shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of ANTIOCH MINISTRIES, INC. or any subcontractor of ANTIOCH MINISTRIES, INC. or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event ANTIOCH MINISTRIES, INC. materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until ANTIOCH MINISTRIES, INC. cures any breach of the Agreement. If ANTIOCH MINISTRIES, INC. fails to cure the breach, Augusta may suspend or terminate the current award of funds. ANTIOCH MINISTRIES, INC. will not be eligible to receive any other funding. B. Notwithstanding the above, ANTIOCH MINISTRIES, INC. shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to ANTIOCH MINISTRIES, INC. for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay ANTIOCH MINISTRIES, INC. for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, ANTIOCH MINISTRIES, INC. shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this contract. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 12 ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street, 2nd Floor Augusta, Georgia 30901 ANTIOCH MINISTRIES, INC. will receive all notices at the address indicated below: Antioch Ministries, Inc. ATTN: Mr. Scylance Scott 1378 Laney Walker Boulevard Augusta, GA 30901 ARTICLE XII. INDEMNIFICATION ANTIOCH MINISTRIES, INC. will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, ANTIOCH MINISTRIES, INC. specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 13 ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to ANTIOCH MINISTRIES, INC. beyond the term of this Agreement. ANTIOCH MINISTRIES, INC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ANTIOCH MINISTRIES, INC. for the purpose of securing business and that ANTIOCH MINISTRIES, INC. has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim CityAdministrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: Antioch Ministries, Inc. By: _________________________ Mr. Scylance Scott, Director Date:_______________________ Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Antioch Ministries, Inc. LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Antioch Ministries, Inc. LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Antioch Ministries, Inc. LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Antioch Ministries, Inc. LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Antioch Ministries, Inc. LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Antioch Ministries, Inc. LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Mr. Scylance Scott Antioch Ministries, Inc., LLC. Owner Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION ANTIOCH MINISTRIES, INC. MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to ANTIOCH MINISTRIES, INC. in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, ANTIOCH MINISTRIES, INC. may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and ANTIOCH MINISTRIES, INC. in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 23 the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. ANTIOCH MINISTRIES, INC. will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. ANTIOCH MINISTRIES, INC. must make sure contractors obtain and post all permits on job site. c. ANTIOCH MINISTRIES, INC. must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And ANTIOCH MINISTRIES, INC. in the amount of $71,862.32USD Seventy-One Thousand, Four-Hundred and Thirty-Five Dollars and 45/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1220 Perry Avenue THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Antioch Ministries, Inc., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "ANTIOCH MINISTRIES, INC.” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with ANTIOCH MINISTRIES, INC. for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, ANTIOCH MINISTRIES, INC. has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 2 WHEREAS, ANTIOCH MINISTRIES, INC. has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, ANTIOCH MINISTRIES, INC. has requested and Augusta has approved a total of $71,862.32 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: ANTIOCH MINISTRIES, INC. agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of new single family housing units along Pine Street. Under this Agreement: Perform new construction services for one (1) single family detached homes identified as property number 1220 Perry Avenue. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. ANTIOCH MINISTRIES, INC. is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by ANTIOCH MINISTRIES, INC. for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $67,435.29. 1. Construction An amount not to exceed sixteen percent (16%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1220 Perry Avenue as part of the Heritage Pine Street Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 3 \ 2. Profit An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to ANTIOCH MINISTRIES, INC. for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1220 Perry Avenue. AHCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1220 Perry Avenue. 3. Developer’s Fee An amount not to exceed $4,000.00 in a grant shall be expended to ANTIOCH MINITRIES, INC. in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 1220 Perry Avenue. C. Program Location and Specific Goals to be Achieved ANTIOCH MINISTRIES, INC. shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by ANTIOCH MINISTRIES, INC. will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, ANTIOCH MINISTRIES, INC. shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT ANTIOCH MINISTRIES, INC. will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, ANTIOCH MINISTRIES, INC., may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 4 1. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, shall be on a pay for performance basis provided ANTIOCH MINISTRIES, INC. and AHCD determine the progress is satisfactory. ANTIOCH MINISTRIES, INC. shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, ANTIOCH MINISTRIES, INC. will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. AHCD will monitor the progress of the project and ANTIOCH MINISTRIES, INC.’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. ANTIOCH MINISTRIES, INC. and AHCD shall share in the cost and proceeds of developing the residence at 1220 Perry Avenue as follows: 4. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any ANTIOCH MINISTRIES, INC. and AHCD deemed satisfactorily progress made within the contracted construction only amount. 7. AHCD will retain five percent (5%) of an amount of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until ANTIOCH MINISTRIES, INC. and AHCD determine that all AHCD punchlist items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1220 Perry Avenue. Additionally, AHCD will provide one hundred percent (100%) of all change orders (where applicable) as approved by both Augusta and ANTIOCH MINISTRIES, INC. in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities ANTIOCH MINISTRIES, INC. shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 5 approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 1220 Perry Avenue. Liquidated Damages ANTIOCH MINISTRIES, INC. agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of ANTIOCH MINISTRIES, INC.. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of ANTIOCH MINISTRIES, INC.. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses ANTIOCH MINISTRIES, INC. is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as 1220 Perry Avenue as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. ANTIOCH MINISTRIES, INC. shall be paid a total consideration of no more than $4,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of ANTIOCH MINISTRIES, INC.. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and ANTIOCH MINISTRIES, INC.. ANTIOCH MINISTRIES, INC. shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 6 ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and ANTIOCH MINISTRIES, INC. (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to ANTIOCH MINISTRIES, INC., or any subcontractor hereunder. B. ANTIOCH MINISTRIES, INC. shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to ANTIOCH MINISTRIES, INC.’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by ANTIOCH MINISTRIES, INC. for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. ANTIOCH MINISTRIES, INC. shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by ANTIOCH MINISTRIES, INC.. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at 1220 Perry Avenue, AHCD is to provide ANTIOCH MINISTRIES, INC. with any outstanding payments on approved invoices and related costs received within ten (10) business days. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 7 ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest ANTIOCH MINISTRIES, INC. agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of ANTIOCH MINISTRIES, INC.. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. ANTIOCH MINISTRIES, INC. in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by ANTIOCH MINISTRIES, INC.. In such instances, ANTIOCH MINISTRIES, INC. shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and ANTIOCH MINISTRIES, INC.. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. ANTIOCH MINISTRIES, INC. agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in ANTIOCH MINISTRIES, INC.’s publications and/or advertisements. (24 CFR 570.601). B. ANTIOCH MINISTRIES, INC. agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 8 C. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. ANTIOCH MINISTRIES, INC. agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), ANTIOCH MINISTRIES, INC. agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. ANTIOCH MINISTRIES, INC. agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. ANTIOCH MINISTRIES, INC. agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. ANTIOCH MINISTRIES, INC. will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. ANTIOCH MINISTRIES, INC. will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 9 J. In accordance with Section 570.608 of the CDBG Regulations, ANTIOCH MINISTRIES, INC. agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, ANTIOCH MINISTRIES, INC. agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by ANTIOCH MINISTRIES, INC. for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. ANTIOCH MINISTRIES, INC. shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ANTIOCH MINISTRIES, INC. agrees to obtain all necessary permits for intended improvements or activities. O. ANTIOCH MINISTRIES, INC. shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ANTIOCH MINISTRIES, INC. agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 10 Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. ANTIOCH MINISTRIES, INC. agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. ANTIOCH MINISTRIES, INC. agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. ANTIOCH MINISTRIES, INC. will not discriminate against any person applying for shelter on the basis of religion. ANTIOCH MINISTRIES, INC. will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if ANTIOCH MINISTRIES, INC. has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to ANTIOCH MINISTRIES, INC. with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. ANTIOCH MINISTRIES, INC. is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 11 shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of ANTIOCH MINISTRIES, INC. or any subcontractor of ANTIOCH MINISTRIES, INC. or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event ANTIOCH MINISTRIES, INC. materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until ANTIOCH MINISTRIES, INC. cures any breach of the Agreement. If ANTIOCH MINISTRIES, INC. fails to cure the breach, Augusta may suspend or terminate the current award of funds. ANTIOCH MINISTRIES, INC. will not be eligible to receive any other funding. B. Notwithstanding the above, ANTIOCH MINISTRIES, INC. shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to ANTIOCH MINISTRIES, INC. for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay ANTIOCH MINISTRIES, INC. for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, ANTIOCH MINISTRIES, INC. shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this contract. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 12 ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 ANTIOCH MINISTRIES, INC. will receive all notices at the address indicated below: Antioch Ministries, Inc. ATTN: Mr. Scylance Scott 1378 Laney Walker Boulevard Augusta, GA 30901 ARTICLE XII. INDEMNIFICATION ANTIOCH MINISTRIES, INC. will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, ANTIOCH MINISTRIES, INC. specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 13 ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to ANTIOCH MINISTRIES, INC. beyond the term of this Agreement. ANTIOCH MINISTRIES, INC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ANTIOCH MINISTRIES, INC. for the purpose of securing business and that ANTIOCH MINISTRIES, INC. has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim CityAdministrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: Antioch Ministries, Inc. By: _________________________ Mr. Scylance Scott, Director Date:_______________________ Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Antioch Ministries, Inc. LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Antioch Ministries, Inc. LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Antioch Ministries, Inc. LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Antioch Ministries, Inc. LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Antioch Ministries, Inc. LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Antioch Ministries, Inc. LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Mr. Scylance Scott Antioch Ministries, Inc., LLC. Owner Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION ANTIOCH MINISTRIES, INC. MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to ANTIOCH MINISTRIES, INC. in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, ANTIOCH MINISTRIES, INC. may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and ANTIOCH MINISTRIES, INC. in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 23 the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. ANTIOCH MINISTRIES, INC. will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. ANTIOCH MINISTRIES, INC. must make sure contractors obtain and post all permits on job site. c. ANTIOCH MINISTRIES, INC. must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And ANTIOCH MINISTRIES, INC. in the amount of $71,862.32USD Seventy-One Thousand, Four-Hundred and Thirty-Five Dollars and 45/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1222 Perry Avenue THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Antioch Ministries, Inc., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "ANTIOCH MINISTRIES, INC.” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with ANTIOCH MINISTRIES, INC. for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, ANTIOCH MINISTRIES, INC. has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 2 WHEREAS, ANTIOCH MINISTRIES, INC. has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, ANTIOCH MINISTRIES, INC. has requested and Augusta has approved a total of $71,862.32 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: ANTIOCH MINISTRIES, INC. agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of new single family housing units along Pine Street. Under this Agreement: Perform new construction services for one (1) single family detached homes identified as property number 1222 Perry Avenue. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. ANTIOCH MINISTRIES, INC. is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by ANTIOCH MINISTRIES, INC. for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $67,435.29. 1. Construction An amount not to exceed sixteen percent (16%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1222 Perry Avenue as part of the Heritage Pine Street Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 3 \ 2. Profit An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to ANTIOCH MINISTRIES, INC. for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1222 Perry Avenue. AHCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1222 Perry Avenue. 3. Developer’s Fee An amount not to exceed $4,000.00 in a grant shall be expended to ANTIOCH MINITRIES, INC. in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 1222 Perry Avenue. C. Program Location and Specific Goals to be Achieved ANTIOCH MINISTRIES, INC. shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by ANTIOCH MINISTRIES, INC. will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, ANTIOCH MINISTRIES, INC. shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT ANTIOCH MINISTRIES, INC. will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, ANTIOCH MINISTRIES, INC., may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 4 1. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, shall be on a pay for performance basis provided ANTIOCH MINISTRIES, INC. and AHCD determine the progress is satisfactory. ANTIOCH MINISTRIES, INC. shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, ANTIOCH MINISTRIES, INC. will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. AHCD will monitor the progress of the project and ANTIOCH MINISTRIES, INC.’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. ANTIOCH MINISTRIES, INC. and AHCD shall share in the cost and proceeds of developing the residence at 1222 Perry Avenue as follows: 4. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any ANTIOCH MINISTRIES, INC. and AHCD deemed satisfactorily progress made within the contracted construction only amount. 7. AHCD will retain five percent (5%) of an amount of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until ANTIOCH MINISTRIES, INC. and AHCD determine that all AHCD punchlist items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1222 Perry Avenue. Additionally, AHCD will provide one hundred percent (100%) of all change orders (where applicable) as approved by both Augusta and ANTIOCH MINISTRIES, INC. in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities ANTIOCH MINISTRIES, INC. shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 5 approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 1222 Perry Avenue. Liquidated Damages ANTIOCH MINISTRIES, INC. agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of ANTIOCH MINISTRIES, INC.. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of ANTIOCH MINISTRIES, INC.. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses ANTIOCH MINISTRIES, INC. is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as 1222 Perry Avenue as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. ANTIOCH MINISTRIES, INC. shall be paid a total consideration of no more than $4,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of ANTIOCH MINISTRIES, INC.. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and ANTIOCH MINISTRIES, INC.. ANTIOCH MINISTRIES, INC. shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 6 ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and ANTIOCH MINISTRIES, INC. (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to ANTIOCH MINISTRIES, INC., or any subcontractor hereunder. B. ANTIOCH MINISTRIES, INC. shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to ANTIOCH MINISTRIES, INC.’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by ANTIOCH MINISTRIES, INC. for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. ANTIOCH MINISTRIES, INC. shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by ANTIOCH MINISTRIES, INC.. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at 1222 Perry Avenue, AHCD is to provide ANTIOCH MINISTRIES, INC. with any outstanding payments on approved invoices and related costs received within ten (10) business days. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 7 ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest ANTIOCH MINISTRIES, INC. agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of ANTIOCH MINISTRIES, INC.. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. ANTIOCH MINISTRIES, INC. in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by ANTIOCH MINISTRIES, INC.. In such instances, ANTIOCH MINISTRIES, INC. shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and ANTIOCH MINISTRIES, INC.. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. ANTIOCH MINISTRIES, INC. agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in ANTIOCH MINISTRIES, INC.’s publications and/or advertisements. (24 CFR 570.601). B. ANTIOCH MINISTRIES, INC. agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 8 C. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. ANTIOCH MINISTRIES, INC. agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), ANTIOCH MINISTRIES, INC. agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. ANTIOCH MINISTRIES, INC. agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. ANTIOCH MINISTRIES, INC. agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. ANTIOCH MINISTRIES, INC. will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. ANTIOCH MINISTRIES, INC. will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 9 J. In accordance with Section 570.608 of the CDBG Regulations, ANTIOCH MINISTRIES, INC. agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, ANTIOCH MINISTRIES, INC. agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by ANTIOCH MINISTRIES, INC. for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. ANTIOCH MINISTRIES, INC. shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ANTIOCH MINISTRIES, INC. agrees to obtain all necessary permits for intended improvements or activities. O. ANTIOCH MINISTRIES, INC. shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ANTIOCH MINISTRIES, INC. agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 10 Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. ANTIOCH MINISTRIES, INC. agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. ANTIOCH MINISTRIES, INC. agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. ANTIOCH MINISTRIES, INC. will not discriminate against any person applying for shelter on the basis of religion. ANTIOCH MINISTRIES, INC. will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if ANTIOCH MINISTRIES, INC. has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to ANTIOCH MINISTRIES, INC. with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. ANTIOCH MINISTRIES, INC. is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 11 shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of ANTIOCH MINISTRIES, INC. or any subcontractor of ANTIOCH MINISTRIES, INC. or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event ANTIOCH MINISTRIES, INC. materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until ANTIOCH MINISTRIES, INC. cures any breach of the Agreement. If ANTIOCH MINISTRIES, INC. fails to cure the breach, Augusta may suspend or terminate the current award of funds. ANTIOCH MINISTRIES, INC. will not be eligible to receive any other funding. B. Notwithstanding the above, ANTIOCH MINISTRIES, INC. shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to ANTIOCH MINISTRIES, INC. for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay ANTIOCH MINISTRIES, INC. for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, ANTIOCH MINISTRIES, INC. shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this contract. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 12 ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 ANTIOCH MINISTRIES, INC. will receive all notices at the address indicated below: Antioch Ministries, Inc. ATTN: Mr. Scylance Scott 1378 Laney Walker Boulevard Augusta, GA 30901 ARTICLE XII. INDEMNIFICATION ANTIOCH MINISTRIES, INC. will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, ANTIOCH MINISTRIES, INC. specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 13 ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to ANTIOCH MINISTRIES, INC. beyond the term of this Agreement. ANTIOCH MINISTRIES, INC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ANTIOCH MINISTRIES, INC. for the purpose of securing business and that ANTIOCH MINISTRIES, INC. has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim CityAdministrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: Antioch Ministries, Inc. By: _________________________ Mr. Scylance Scott, Director Date:_______________________ Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Antioch Ministries, Inc. LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Antioch Ministries, Inc. LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Antioch Ministries, Inc. LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Antioch Ministries, Inc. LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Antioch Ministries, Inc. LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Antioch Ministries, Inc. LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Mr. Scylance Scott Antioch Ministries, Inc., LLC. Owner Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION ANTIOCH MINISTRIES, INC. MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to ANTIOCH MINISTRIES, INC. in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, ANTIOCH MINISTRIES, INC. may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and ANTIOCH MINISTRIES, INC. in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 23 the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. ANTIOCH MINISTRIES, INC. will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. ANTIOCH MINISTRIES, INC. must make sure contractors obtain and post all permits on job site. c. ANTIOCH MINISTRIES, INC. must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Commission Meeting Agenda 11/19/2019 2:00 PM HCD_ Laney Walker/Bethlehem New Construction Homes (3) Request Department:hcd Department:hcd Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide contract with Antioch Ministries to construct three (3) affordable, residential units on Perry Avenue (within Laney Walker Bethlehem) Warrick Dunn (WD) Communities. (Approved by Administrative Services Committee November 12, 2019) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves construction of three (3) new residential units on Perry Avenue within Laney Walker / Bethlehem. Analysis:The approval of the contract will allow for development activities on these sites to begin. Financial Impact:Augusta Housing and Community Development Department receives annual allocations from Laney Walker Bethlehem Project funding will fund this contract. 1. Contract Amount 1216 Perry Avenue - $73,435.29 2. Contract Amount 1220 Perry Avenue - $71,862.32 3. Contract Amount 1222 Perry Avenue - $71,862.32 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide contract with Antioch Ministries to construct three (3) affordable, residential units on Perry Avenue (within Laney Walker Bethlehem) Warrick Dunn (WD) Communities. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Project funds. 298077343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Discuss 401 Walton Way Department: Department: Caption:Discuss with CVB and Film Augusta and other film industry experts about 401 Walton Way importance to the filming industry. (No recommendation from Administrative Services Committee November 12, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/19/2019 2:00 PM James Brown signage Department: Department: Caption:Discuss the Richmond County Coliseum Authority's decision to remove the James Brown Arena signage from the Augusta Entertainment Complex. (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 11/19/2019 2:00 PM Adoption Preparation Grant Department:Augusta Animal Services Department:Augusta Animal Services Caption:Motion to accept PetSmart Adoption Preparation Grant in the amount of $35,000. The grant will support activities related to preparing animals for adoption. (Approved by Public Safety Committee November 12, 2019) Background:The grant funds in the amount of $35,000 will be used to support activities related to preparing animals for adoption. Grant funds will be used for expenses relating to spay/neuter surgeries and medical supplies; specifically flea/tick prevention products. PetSmart Charities offers this grant in an effort to positively impact the number of pets getting adopted. Analysis:Augusta Animal Services recommends the motion for approval of the PetSmart Charities Adoption Preparation Grant Agreement and authorize the Mayor to execute the Grant Agreement. Financial Impact:The funding will be distributed in one payment upon receipt of the executed Grant Agreement. The funding will supplement our budget. Alternatives:Motion is not approved, agreement is not executed and funds are not received. Recommendation:Motion to approve the PetSmart Charities Adoption Preparation Grant Agreement and authorize the Mayor to execute the Grant Agreement Funds are Available in the Following Accounts: City funding is not required/no cash match required. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Prosecuting lttorneys' Council of0eorgia PETER J, SKANItAL/AKIS Executive Director GEORGE IIARTWIG Chair Distric-t Attomey Houston Judicial Cirait AARRY MORGAN Vice Chair Solicitor-General Cobb County SI{ANNON WALLACE Secretary District Attorney Blue Ridge Judiciat Circuit PAUL BOIYI'EN Oistrict Attomey Tifton Judicial Circuit . C.R. GHISHOLM Solicitor-General Athens-Clarke County GREGORY W. EDIYARDS Distict Attomey Dougherty Judicial Cirait REAECCA GRIST Solicitor-General l\,lacon-Bibb County MARGARET D. HEAP District Attorney Eastern Judicial Circuit NMOTHY G. VAUGHN District Attorney O@nee Judicial Cirait Seeking lustice with Honor October 9,20L9 Re: Federal Fiscal Year 2020 VOCA Allocation - October L,zOLg through September 30,2O2O Dear Ms. Paine: It is my pleasure to inform you that the CriminalJustice Coordinating Council (CJCC) has approved the Federal Fiscal Year 2020 VOCA Continuation Base and Comp Advocate funding applications as submitted by the Prosecuting Attorneys' Council of Georgia (PAC). Therefore, youroffice has been selected to receive a portion of those funds. Below are the specifics with regard to your allocation of the statewide grant distribution. Cou nty: Augusta-Richmond lmplementing Prosecuting Attorney: District Attorney Natatie paine Grant Period: October L,ZOtg through September 30,2O2O Allocation 1 (Base Fundsl: Base Federal Funds: 589,601 Base Match Funds: S22,4Ls Sub-Grant Number: ClS-8-264 Allocation 2 (Comp Advocate Fundsl: Comp Advocate Federal Funds: $50,334 Comp Advocate Match Waiver Request Funds: 512,594 Sub-Grant Number: C18-8-263 The activation documents (see included checklist for guidelines on submitting documents) must be returned to PAC by November !5,20!9. lf you have any questions, please contact Kathy Kemp (kkemp@pacea.ore)or at (770) 282-6364. Sincerely, ,..4 M.f/ / :i,:'" #. f.< j t .1 g Peter J. Skandalakis Executive Director Prosecuting Attorneys' Council ." ') t-.-.. - \ * t*-,L r 1590 Adamson Parkway, Fou.th Floor . Monow, Georgia 30260-1755 . phone: (770) 2826300 . tax: (-/70) 282-6368 . www.pacga.org AUGUSTA, GEORGIA New Grant Proposal/Application Before r DtpartmtniltS€ncy m8y apply for the greRUrward on bclrlf of Augusta Rjchmond County, they murt lirst obtrin rpproralrignaturc from the Adrninlslrttor and the Finrnce Direttor. Tht Admlnlstntor wilt obtain information on the grent progranr and rcquirerncnrs from the fundlng sgency eod revien'these for feaslblllty to detcnninc if thts grent/arrsrd wlll benctlt Auguira Richmond County' The Finance Director rvill review the funding requircment to dererminc if the grrnt rryill lit nithin our budget structure and linancial goals. Proposal Project No. Proitcr Tltlc PROOO236 DA FY 19-20 Augusta VWAP VOCA'fhe !,riiliosi af *re grant is to allow foi itri riilEcr piovilirin bf servi.jrito crime victims of all types as oullined in the Crime Victims'Ilill of Righs. Ortr firnding is used for the salary of one general vicrinr advocare, one victims' conrpensation advocale, and one early intake advocalc, with a small portion allocated for supplies. This continuing grant has been received for over ?0 years. Cash Match: Sl2.{ l5 is rnet through County paid positions and mer rhrough yolunleer labor. lvlatch of$12,584 is rvaived. Cash Match Required: Yes $?2,415 EEC) Required: \'es IIEO Notified: Yes REgIEIIVIgD AOMINISTRATOR'S OFFICE Ocr r 2 r01$ AUGUSTA-RICHMOND COUNTY District Altomey Cash itlltch? Y 139,995.00 ll'otrl Cash Match: :1.415.00 l'lorv Thru II): GM00l7 Prasecuting Attomey's Council Phorr Startl)*tc: 1010112019 Submit Datc: 1oil &10 1 9 Total BudgctedAmount: 162,.{10.00 Sponsor: CM00l2 Sponror I'y'pc: p1 Purposc; 3 N*me End Darcr 09130t2020 Dcpartment! 028 I'otal lrunding Ageney: Criminal Justice Coord Co Pass thru Foderal Victims Rights Contacts'l'ypc lD I ct'lloos Rogers, Kathy (?06)82r-12r4 Approvals'I "t'perA .EL N, PAINE Qrt* ta!2212019 i&.pr. signoturer Grant Coordinrtor Signature; l)ser: Rcport: KR63?7 cMt000 Current llrtrt Curre[t 'l ime : l01l ti20t 9 16r46:2-1 Kathy Rogers prgt PROPOSAL - GM 1000: Crants Managem*nr: I AUGUSTA, GEORGIA New Crsnt praposat/Application Before s Ocpartmcnt/agtncy may apply fnr tht grrnt/r*ord on bchrtf of Augusta Rithmond Courty, they musr lirst obtdn approvrlrignaturc fronr lhc Adnrinistrstor and thc &"inance Dirccror. Thc Admlntst.ii* "iii "ti"ir-i"rr.*"tlon on thc granr program rnrlrequiremcnts from thc funding sge$c) and revie*- thesc for feasibility to deltrmine if ihir graat/rward nill benent &ugusa&Ricftnrond County' 'fht tsinonce Dlrectpr rdll rtview the funding ruquii**"nr to d$ermlnr if thr grant will tit within our budgetstructurc and linanclal goalr. I'roposal Project No. projsfr Titlc l.) I l}ir.d revieu,ed rhe Crant application and enclrsed marerials und, _- ur'Find lhe grant;a*'artr r* be feasitrle ro thc needs of Augusra Richnrond counry u D.ny the requesl lSr.,rr,r*Rl \tt Crn"v,u Finance Director l I ha'e re'ie*cd the Cranr rpplication and encl*sed nrarerials and:/ipprou. rhe Dcparrrnenr Agoncy ro mule lbrward rvirh rhe application o [)eny the request YO-cU *rf Datre ., .-' tfvTv'l1fi)ov Lt 4 Adrninistrator 'I'his furrn n'ill also he used ta provide the triernrl rudi(oru rvlth informetion on sll grnnts for complirnce andcerfilicetion *quir*nrcnts rs requircrr hy thr'strtr and Fcdersr coyernmenr. Date Urtrl Rrport: KR6377 - Kathy Rogens prgc Crirrrts Management:1 Currtnt Drlr: Current'I'imt: I0/3lr:0te l6;46r21 GM t000. PROPOSAL - Ct\{ t00(r: Commission Meeting Agenda 11/19/2019 2:00 PM FY 2020 VOCA Allocation District Attorney Office Department: Department: Caption:Motion to accept a grant form the Criminal Justice Coordinating Council (CJCC) for continuation of the Victims of Crime Act (VOCA) Grant with funding from the Continuation Base and Comp Advocate to provide services to crime victims from October 1, 2019 through September 30, 2020, and authorize the Mayor to execute the necessary documents. (Approved by Public Safety Committee November 12, 2019) Background: Analysis:There is a match required of $22,415 which will be met through County paid positions and volunteer labor; Match of $12,584 is waived. Financial Impact: Alternatives: Recommendation:Approve acceptance of grant award. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: RICHMOND COUNTY SHERIFF TRAINING COURSE RESURFACING TABLE OF CONTENTS 1. INSTRUCTION TO BIDDERS 2. GEORGIA PROMPT PAY 3. BID PROPOSAL 4. AGREEMENT 5. PROJECT SPECIFIC SPECIAL CONDITIONS 6. GENERAL CONDITIONS 7. TECHNICAL SPECIFICATIONS SECTION RICHMOND COUNTY SHERIFF TRAINING COURSE RESURFACING 2019 IB-1 SECTION 1: INSTRUCTION TO BIDDERS INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn after bid closing and for a period of sixty (60) days after bids have been awarded, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. RICHMOND COUNTY SHERIFF TRAINING COURSE RESURFACING 2019 IB-2 IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Purchasing Department, 535 Telfair Street, Suite 605, Augusta, Georgia, 30901 and to be given consideration must be received at least ten working days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent to the Augusta, GA Procurement Director at least five working prior to the date fixed for the opening of bids. The Purchasing Director shall send by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three working days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words “no bid” where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. RICHMOND COUNTY SHERIFF TRAINING COURSE RESURFACING 2019 IB-3 Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. *NOTE: A 10% Bid Bond is required in all cases.* IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated, quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. Payment to CONTRACTOR will be made only for actual quantities of Work performed or materials furnished in accordance with Contract and it is understood that quantities may be increased or decreased as provided in Section 23 of Special Conditions. RICHMOND COUNTY SHERIFF TRAINING COURSE RESURFACING 2019 IB-4 IB-06 BIDDER’S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE and PAYMENT BOND At the time of entering into the contract, the Contractor shall give bond to the owner for the use of the owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the owner harmless from all cost and charges that may accrue on account of the owner performing the work specified, and for compliance with the laws pertaining thereto. When performance and/or payment bonds are required, each shall be issued in an amount equal to the Contract Amount as security for the faithful performance and/or payment of all Contractor's obligations under the Contract Documents. Performance and payment bonds shall be issued by a solvent corporate surety authorized to do business in the State of Georgia, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Attorneys-in-fact who sign bonds must file with each copy thereof, a certified and effectively dated copy of the power of attorney. RICHMOND COUNTY SHERIFF TRAINING COURSE RESURFACING 2019 IB-5 IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. Bid may be rejected if any of the Unit Prices are obviously unbalanced. The Owner will decide whether any Unit Prices are unbalanced either excessively above or below a reasonable cost analysis value determined by the Engineer, particularly if these unbalanced amounts are substantial and contrary to the interest of the Owner. Bid may be rejected as irregular if they show any omissions, alterations of form, additions or conditions not called for, unauthorized alternate bids, erasures or changes not initialed, or other irregularities. PPA – 1 SECTION 2: GEORGIA PROMPT PAY ACT RICHMOND COUNTY SHERIFF TRAINING COURSE RESURFACING GEORGIA PROMPT PAY ACT This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond Count, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to “Richmond County Board of Commissioners” shall be deemed to mean “Augusta Richmond County Commission-Council and all references to “Chairman” shall be deemed to mean “Mayor”. DISPOSALS Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a copy of the owner’s inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta Richmond County must be furnished to the Engineer. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING Page 1 of 2 SECTION 3: BID PROPOSAL Date: _______________ Gentlemen: In compliance with your invitation for bids dated ____________, 2019, the undersigned hereby proposed to furnish all labor, equipment, and materials, and to perform all work for the installation of roadway improvements, and appurtenances referred to herein as: RICHMOND COUNTY SHERIFF TRAINING COURSE RESURFACING In strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: _____________________________________________________________________________DOLLARS ($______________________) The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within 10 calendar days after the date of written notice to proceed, and that he will complete all work within 60 calendar days. The undersigned acknowledges receipt of the following addenda: Addendum Number: Addendum Date: _________________ _______________ _________________ _______________ Respectfully submitted: ____________________________ (Name of the Firm) ____________________________ (Business Address) By: ________________________ Title: _______________________ RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING Page 2 of 2 Richmon County Sheriff-Training Course PAY ITEM # ITEM DESCRIPTION QTY UNI T UNIT PRICE PRICE 01-1000 FORCE ACCOUNT 1 LS 402-1801 RECYCLED ASPH CONC PATCHING, INCL BITUM MATL 100.00 TON 402-1812 RECYCLED ASPH CONC LEVELING, INCL BITUM MATL & H LIME 1,900.00 TON 402-3100 RECYCLED ASPH CONC 9.5 MM SUPERPAVE, TYPE I, GP 1 OR BLEND 1, INCL BITUM MATL & H LIME 2,900.00 TON 652-5451 SOLID TRAFFIC STRIPE, 5 IN, WHITE 14,500.00 LF 652-5452 SOLID TRAFFIC STRIPE, 5 IN, YELLOW 14,000.00 LF 700-6910 PERMANENT GRASSING 1.50 AC TOTAL TOTAL________________________________________________________ ___________________________________________________________ (IN WORDS) RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-1 SECTION 4 : AGREEMENT THIS AGREEMENT, made on the __________ day of _____________, 2019 by and between the CITY OF AUGUSTA, party of the first part, hereinafter called the OWNER, and ________________________________________________________________ party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names, agree as follows: ARTICLE I – SCOPE OF THE WORK: The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work as described in the Bid Document for the project entitled: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions, and Technical Specifications, hereto attached, which are hereby made a part of this agreement. Any project specific notes mentioned on “Project Specific Special Condition” and/or “Technical Specification” will supersede the concurrent notes on General condition. ARTICLE II – TIME OF COMPLETION – LIQUIDATED DAMAGES: The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 60 calendar days with such extensions of time as are provided for in the General Conditions. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-2 It is hereby understood and mutually agreed, by and between the contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. ONCE MOBILIZED, THE CONTRACTOR SHALL NOT STOP MAJOR CONSTRUCTION ACTIVITIES FOR MORE THAN 14 DAYS, UNLESS APPROVED BY THE ENGINEERING DEPARTMENT. IN THE EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARE CEASED FOR MORE THAN 14 DAYS, A TOTAL OF TWO THOUSAND DOLLARS ($2,000) SHALL BE PAID TO THE OWNER FOR EACH AND EVERY CALENDAR DAY THE CONTRACTOR DOES NOT COMMENCE MAJOR CONSTRUCTION ACTIVITIES. MAJOR CONSTRUCTION ACTIVITIES SHALL BE DETERMINED BY THE ENGINEERING DEPARTMENT. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Two Thousand Dollars $2,000 not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III – PAYMENT: (a) The Contract Sum RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-3 The owner shall pay to the Contractor for the performance of the contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Progress Payment No later than the fifth day of every month, the Contractor shall submit to the Owner’s/ Engineer, an estimate covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run, following approval of the invoice for payment, the owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV – ACCEPTANCE AND FINAL PAYMENT: (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days, make such inspection and when he finds the work acceptable under the contract and the contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 18 months after final payment, from requirements of the specifications, or from manufacturer’s guarantees. It shall also constitute a waiver of all claims by the contractor except those previously made and still unsettled. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-4 (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract. (f) Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. AUGUSTA, GEORGIA COMMISSION-COUNCIL (Owner) By: _____________________________________ SEAL Honorable Hardie Davis, Jr., Mayor ______________________________ Attest to Clerk of Commission ______________________________ Witness CONTRACTOR: ______________________________ By: __________________________________ Title: _________________________________ SEAL Address: ______________________________ Attest ______________________________ ______________________________ Secretary ______________________________ Witness RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-1 SECTION 4 : AGREEMENT THIS AGREEMENT, made on the __________ day of _____________, 2019 by and between the CITY OF AUGUSTA, party of the first part, hereinafter called the OWNER, and ________________________________________________________________ party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names, agree as follows: ARTICLE I – SCOPE OF THE WORK: The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work as described in the Bid Document for the project entitled: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions, and Technical Specifications, hereto attached, which are hereby made a part of this agreement. Any project specific notes mentioned on “Project Specific Special Condition” and/or “Technical Specification” will supersede the concurrent notes on General condition. ARTICLE II – TIME OF COMPLETION – LIQUIDATED DAMAGES: The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 60 calendar days with such extensions of time as are provided for in the General Conditions. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-2 It is hereby understood and mutually agreed, by and between the contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. ONCE MOBILIZED, THE CONTRACTOR SHALL NOT STOP MAJOR CONSTRUCTION ACTIVITIES FOR MORE THAN 14 DAYS, UNLESS APPROVED BY THE ENGINEERING DEPARTMENT. IN THE EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARE CEASED FOR MORE THAN 14 DAYS, A TOTAL OF TWO THOUSAND DOLLARS ($2,000) SHALL BE PAID TO THE OWNER FOR EACH AND EVERY CALENDAR DAY THE CONTRACTOR DOES NOT COMMENCE MAJOR CONSTRUCTION ACTIVITIES. MAJOR CONSTRUCTION ACTIVITIES SHALL BE DETERMINED BY THE ENGINEERING DEPARTMENT. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Two Thousand Dollars $2,000 not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III – PAYMENT: (a) The Contract Sum RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-3 The owner shall pay to the Contractor for the performance of the contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Progress Payment No later than the fifth day of every month, the Contractor shall submit to the Owner’s/ Engineer, an estimate covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run, following approval of the invoice for payment, the owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV – ACCEPTANCE AND FINAL PAYMENT: (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days, make such inspection and when he finds the work acceptable under the contract and the contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 18 months after final payment, from requirements of the specifications, or from manufacturer’s guarantees. It shall also constitute a waiver of all claims by the contractor except those previously made and still unsettled. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-4 (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract. (f) Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING A-5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. AUGUSTA, GEORGIA COMMISSION-COUNCIL (Owner) By: _____________________________________ SEAL Honorable Hardie Davis, Jr., Mayor ______________________________ Attest to Clerk of Commission ______________________________ Witness CONTRACTOR: ______________________________ By: __________________________________ Title: _________________________________ SEAL Address: ______________________________ Attest ______________________________ ______________________________ Secretary ______________________________ Witness RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING 1 | P r o j e c t S p e c i f i c S p e c i a l C o n d i t i o n s SECTION 5: PROJECT SPECIFIC SPECIAL CONDITIONS 5.1 SCOPE OF THE WORK: The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described on the bid documents for the project entitled: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions, Provisions, and Technical Specifications hereto attached, which are hereby made a part of this agreement. The Work: The asphalt paving contractor shall furnish all necessary equipment, labor, and material and permits required to install the asphalt overlay (resurfacing) of the existing roads, and other work as indicated including: · Cleaning loose sand and dirt from the existing paved surface. · Repairing and filling of existing pot holes and boils. Grind down area and level prior to resurfacing. · Leveling of low / depressed areas. · 1.5” minimum milling asphalt concrete pavement · Application of asphalt bonding materials to create a bond between the existing surface and the new asphalt. · Painting and striping the area · Mobilization · Daily cleaning the work site of all construction debris, leaving the area safe RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING 2 | P r o j e c t S p e c i f i c S p e c i a l C o n d i t i o n s 5.2 RESURFACING TECHNICAL SPECIFICATIONS · It is intended that all bituminous asphalt concrete furnished and placed shall be hot mix recycled asphalt, in accordance with Section 402 of the Standard Specification of the Georgia Department of Transportation. The Contractor shall notify AED Construction Engineer of his intention, to substitute bituminous asphalt concrete consisting of 100% virgin material, for the recycle mix unless otherwise noted in the Bid Schedule. The substitute mix shall meet all the applicable Georgia Department of Transportation specifications. · All patching shall be performed prior to resurfacing. The Contractor shall patch and repair the failed areas, as indicated by the County Engineer. All patches shall be at a minimum depth of four (4) inches. Binder (19mrn) or (25mm) shall be used for road patching unless otherwise indicated by the County Engineer. Refer attached patching details D-2. · Streets that are milled shall be paved no later than 24 to 48 hours to seal the base material. · If unsuitable material is encountered during milling operations, Contractors shall notify county engineer. · Patching shall be filled to existing depth unless otherwise directed by the County Engineer. All removal and patching operations at any site shall be completed within the same day. Where required, milling depth varies with conditions and shall be the Contractor’s responsibility to verify depths. The contractor shall give the county atleast 24 hours’ notice before proceeding with patching a particular location. County Inspector shall be present. · The edges around the patch shall be tack coated using GDOT approved material. · Bitum tack coat shall be used in accordance with provisions of Section 413 of the GDOT Standard Specifications. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 1 of 57 SECTION 6: GENERAL CONDITIONS GC-01. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings, and Specifications, by addition, deletion, clarifications, or corrections. 2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 3. BIDDER: Any person, firm, or corporation submitting a bid for the work. 4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 6. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of Award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 2 of 57 to completion of all the work. 10. CONTRACTOR: The person, firm, or corporation with whom the Owner has executed the Agreement. 11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 12. ENGINEER: In all contract documents, specifications, supporting documents, etc., the term “ENGINEER” means, and shall be deemed to mean, the Augusta, Georgia Engineering Department Director or his/her designated representative. 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. 14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 16. OWNER: Augusta, Georgia (AKA Augusta-Richmond County). Or A public or quasi- public body or authority, corporation, association, partnership, city, county, or individual for whom the work is to be performed. 17. PROJECT: The undertaking to be performed as provided in the Contract Documents. 18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any part thereof. Also called a Site Engineer. 19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 3 of 57 20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, construction systems, standards and workmanship. 21. SUBCONTRACTOR: An individual, firm, or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is a part. 24. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 25. WORK: All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the project. 26. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS: 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. 2. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 4 of 57 GC-03. SCHEDULES, REPORTS AND RECORDS: 1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning the work performed or to be performed. 2. The contractor shall prepare an overall Time-Logic Schedule that includes all major utility relocations, proposed utilities, and construction activities. A detail schedule for utility relocations from all utility companies shall be submitted to the contractor two weeks prior to the Preconstruction meeting. The Contractor shall submit this schedule to Augusta Engineering Department seven (7) days prior to preconstruction meeting. The contractor shall present a copy of this schedule at the Preconstruction meeting for discussion. The schedule shall consist of the following: a. The noted Responsible Agency for each activity (e.g., Contractor, Sub-Contractor, Utility Company) b. The ES-Early Start, EF-Early Finish, LS-Late Start, LF-Late Finish dates c. The Project Critical Path d. Activity Durations The contactor shall also submit following information with the schedule. a. List of active construction projects and their projected completion date b. List of available resources assigned to this project * c. Name of Project Team (Project Manager, Superintendent, Foreman) assigned to this project * d. Subcontractor information such as Company Name, Contact Name and Telephone, and type of assigned tasks * Personnel and resources assigned to this project shall not be re-assigned to other projects until after upon approval from Augusta Engineering Department. Augusta Engineering Department reserves the right to deny the submitted project team or parts thereof. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 5 of 57 Failure to provide aforementioned schedule and information within specified time will result in cancellation of Notice to Proceed. If information is not received within thirty (30) days from the date of Notice to Proceed cancelation, contract will be terminated without further notice. Within seven (7) days after the Preconstruction meeting, the Contractor shall provide a revised schedule with all issues and concerns addressed to Augusta Engineering Department. The revised Time-Logic Schedule shall be color coded with respect to responsibility, and shall be presented on D size paper (24’x36”). The schedule shall be updated on a monthly basis displaying percentage of completion of all activities. The project base line and current date line shall appear on all updates. The Schedule shall be using Microsoft Project or Primavera Scheduling software. 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 6 of 57 RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 7 of 57 GC-04. SPENDOUT SCHEDULE: 1. A Spendout Schedule beginning with the Notice to Proceed and extending through the anticipated construction life of the project, shall be submitted at the Pre- Construction Conference. Such schedule shall include the anticipated earnings on a monthly basis. GC-05. NOTICE TO PROCEED: County Engineer will give contractor Notice to proceed stating the date on which the contractor can begin project work. The NTP date marks the beginning of the performance time of the contract or each task order. The contractor shall begin the work no later than 10 days after the NTP is issued. 1. There will be one Notice to Proceed given to the Contractor. The Notice to Proceed will be to Clear and Grub, site preparation and actual construction activities. Contractor shall begin their work GC-06. CONSTRUCTION LAYOUT: 1. Construction layout work shall be performed by the Contractor. GC-07. DRAWINGS AND SPECIFICATIONS: 1. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for us, occupancy or operation by the Owner. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 8 of 57 after his discovery of such discrepancies, inconsistencies, or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 6. All storm pipes, manholes, junction boxes, catch basins, inlets, misc pre-cast products and appurtenances shall comply with Georgia Department of Transportation (GDOT) standards and specifications. Storm pipes and other products shall be from current GDOT approved plants and stamped per GDOT inspection certification requirements. Submittal of data sheet, issued by the source (plant), containing pipe manufacturing and inspection data will be required at the time of arrival of material at project site. GC-08. SPECIFICATIONS, STANDARDS AND OTHER DATA: 1. All references in this document, (includes all papers, writings, documents, drawings, or photographs used, or to be used, in connection with this document), to State Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation means, and shall be deemed to mean, Augusta, GA Commission- Augusta Engineering Department. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 9 of 57 2. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations, and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. 3. This project is based on, and shall be constructed in accordance with, the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. GC-09. DESIGN ALTERATION: 1. The commission-council recognizes that various changes in design may be made as the project progresses. Any requests for additional payment or reduction in payment shall be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. All changes in engineering design of the project shall be approved by the Design Engineer of record after consultation with the Engineer. Revised design plan sheet(s) shall be signed and stamped by the Design Engineer of record and a copy shall be submitted to Augusta Engineering Department. GC-10. INCIDENTAL CONSTRUCTION ITEMS: 1. All work and materials without a specific pay item shall be considered incidental to related pay items, this is to include (but not limited to), additional erosion and sediment control measures, all removals and disposals, borrow, if needed, remove and reset fences, remove and reset ornamental shrubs, bushes and sod, and the RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 10 of 57 obtaining, maintaining and restoration of any required borrow and/or waste pits, establish and reset property boundary survey pins. GC-11. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-12. MATERIALS, SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 11 of 57 the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-13. INSPECTION AND TESTING: 1. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Owner shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided or specified in construction plans. The Owner shall employ a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be required under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. The Contractor is responsible for all material & labor quality control and quality assurance. 3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. 4. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. 5. The project will be inspected by the Engineer or his/her representative. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 12 of 57 Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. 6. If any work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. 7. If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such inspection, testing and reconstruction. 8. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with necessary samples of material for testing purposes. GC-14. COMPACTION: 1. All compaction shall be as defined in the current edition of Georgia department of Transportation Specifications. Special attention shall be given to the backfill of minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia Department of Transportation Standards 1030-D and 1401 or equivalent ASTM or other method approved by the GED Technical Engineer and Augusta Engineering Department. Backfilling operations of this nature shall not begin until the Contractor has on hand all equipment in good working condition, and competent operators. 2. The backfilling of pipe and other minor structures shall be in accordance with Georgia Department of Transportation Standard specifications, Current Edition. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 13 of 57 Backfilling with sand using jetting and/or flooding will not be allowed in any case without the written permission of the Engineer. Backfilling of pipe structures shall be incidental to the pipe structure bid item. NOTE: When sand and jetting/flooding method is used the warranty for the backfilled area is extended from 18 months to 24 months. A plan for the jetting/flooding shall be submitted at the Pre-Construction Conference. GC-15. CONCRETE: 1. A qualified persons contracted by the Owner shall, in the Engineer’s presence, perform slump tests as directed by the Engineer. Tests shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2” minimum and 4” maximum. Class “A” concrete shall have a minimum of 611 lbs. Cement per cubic yard. Class “B” concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. NOTE: No concrete shall be placed until all required equipment such as slump cone, curing compound and dispenser, etc., all in good working condition, are on the site. Inspectors must be given a minimum four-hour advance notice. No concrete shall be placed without the Inspector present unless otherwise directed by the Engineer. All concrete shall be placed during the Inspectors normal working hours, 8:30 a.m. to 5:00 p.m. unless otherwise directed by the Engineer. Formed surfaces shall receive finish immediately after removing forms. Forms shall be removed as provided in Section 500 of GeorgiaDOT Specifications. GC-16. CONSTRUCTION: 1. Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header curb, etc.) shall be paid for in the unit price bid for curb and gutter unless otherwise noted. 2. At locations where new pavement is to be placed adjacent to existing pavement, without an overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will be paid for under the pay item-Sawed Joints . . . per Linear Foot. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 14 of 57 3. Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the actual direction of drainage runoff shall be determined by the Contractor. He shall make such provisions as necessary to ensure that no ponding is caused by the new construction. He may place additional fill to provide drain inlets. Compensation will be under the price bid for the appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should be used primarily on the high side of super-elevated curves. The Contractor should use caution with standard variance and place special emphasis on hydraulic considerations. 4. The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use on this project shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the Standard Specifications and page PPA-1 of this document. 5. All storm drain pipe, side drain pipe, pipe culvert wing-walls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, or Grading Per Mile on Lump Sum Construction. 6. Cut and fill slopes outside of clear zones may be adjusted on construction where necessary to remain within the right of way. 7. Curb cut ramps in accordance with Standard A3 (former 9031-W) are to be used at all street intersections on this project. 8. Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to curb and gutter. Finished surface on asphalt pavement shall not exceed ¼” above the gutter line. GC-17. TEST ROLLING : 1. Prior to placing any base course, the subgrade shall be proof rolled to locate unstable areas and achieve additional compaction. Area be proof rolled using a minimum 15 tons flat drum compactor or other equipment as recommended by the Geotechnical Engineer (such as a fully loaded tandem axle dump truck). RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 15 of 57 Geotechnical Engineer and/or a representative of Augusta Engineering Department will observe and approve proof-rolling. Areas failing compaction shall be reworked. Any areas judged by the Geotechnical Engineer to rut (should be improved in place or undercut and replaced with fill compacted to 100 % of soil maximum dry density as determined by the modified proctor compaction test (ASTM D1557, Method D or equivalent method approved by the Geotechnical Engineer and Augusta Engineering Department). GC-18. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-19. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-20. SURVEYS, PERMITS AND REGULATIONS: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 16 of 57 1. The Contractor shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the Contract Documents. From the information provided by the Owner, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 3. The contractor shall re-establish property survey pins for parcels affected by new established right-of-way. This work shall be considered incidental to “As-built” plan preparation and will be paid as part of “As-built” plan pay item or grading complete pay item. This work shall be done by or under supervision of a qualified Georgia Licensed Professional Land Surveyor (PLS). 4. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in GC47, Changes in the Work. GC-21. FENCE: 1. All new fences called for on the plans and/or contract documents shall meet the requirements of Section 643 of the Georgia Department of Transportation Standard Specifications, current edition. New fence not meeting these Specs will be rejected. 2. In contracts, where remove and reset fence items are involved (either as pay items or as Lump Sum Construction) all replacement fence shall be equal to or better than the existing fence as approved by the Engineer. This means equal to or better than RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 17 of 57 the original fence at the time of its installation. The Contractor must furnish positive locking devices, padlocks, and keys with all gate assemblies. GC-22. PROTECTION OF WORK, PROPERTY AND PERSONS: 1. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site or other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 2. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify the owners of adjacent utilities when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby and a Change Order shall be issued covering the changes and deviations involved. 4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 18 of 57 Owner's agents or employees. GC-23. FINISHING AND DRESSING: 1. All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. GC-24. AGGREGATE SURFACE COURSE: 1. The item aggregate surface course is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck dumping on unprepared and muddy subgrade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. 2. The Contractor will have the choice of the following materials: Graded Aggregate Subsection 815.01 Coarse Aggregate Size 467 Subsection 800.01 Stabilizer Aggregate Type 1 or 2 Section 803 Crushed Stone Subsection 806.02 3. All materials to be used as directed by the Engineer. GC-25. FOUNDATION BACKFILL MATERIAL, TYPE 1: 1. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications. No separate payment will be made for this material or its placement. GC-26. FOUNDATION BACKFILL MATERIAL, TYPE II: 1. Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications and shall be used in wet/unstable RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 19 of 57 conditions as directed by the Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer. 2. All storm pipe shall have minimum 6” bedding unless otherwise shown on the drawings or bid schedule. Payment for backfilling of pipe structure shall be incidental to the pipe structure bid item unless otherwise noted in the bid proposal. Payment shall be per cubic yard unless otherwise specified in the bid proposal. GC-27. GRADES: 1. With the approval of the Engineer, grades may be field adjusted to provide for best drainage. GC-28. INFESTATION: 1. The entire project is considered to be within the limits of an insect infested area. The contractor’s attention is called to the following sections of the Standard Specifications: (A) 155 Insect control (B) 893 Miscellaneous Planting xMaterials. GC-29. LANDSCAPING: 1. All the requirements of Section 702 of the Georgia Department of Transportation Specifications, current edition, are applicable to this project except as follows: there will be no separate pay for staking, including Perimeter Staking and for Spring Application of Fertilizer. All costs shall be included in prices bid for Landscape Items. Bag grown plants are not acceptable. GC-30. MAILBOXES: 1. Existing mailboxes that are in conflict with the proposed construction shall be removed and relocated. Where feasible the existing mailboxes and supports may be utilized as approved by the Engineer so long as the supports are of metal PIPE with a maximum diameter of two (2) inches or wood, with a maximum diameter of four (4) inches. NOTE: There shall be no supports of any material other than the two mentioned above. All existing mailboxes and supports containing brick, masonry of any type, RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 20 of 57 metal, etc. shall be disassembled and all components, not meeting the above requirements, shall be removed from the project and disposed in a proper manner. 2. When not shown as a pay item, payment shall be included in the price bid for Lump Sum Construction or Grading Complete and itemized as such. GC-31. MISCELLANEOUS DRAINAGE STRUCTURES: 1. All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with concrete top-slabs shall include manhole rings and covers. The Contractor shall install the manhole rings and covers such that the steps can be easily accessed. GC-32. PATCHING AND REPAIR OF MINOR DEFECTS: 1. Where needed, the contractor is required to patch and repair existing potholes, minor pavement defects, and base failures in accordance with the Specifications. GC-33. PAVEMENT CUTS: 1. All pavement cuts shall be sawed with a neat vertical edge, regardless of material, consistently straight enough that a roller can follow the edge precisely to achieve the desired compaction. Irregular edges will not be accepted. Payment shall be included in the price of the pipe. GC-34. ADJUSTING MINOR STRUCTURES TO GRADE: 1. This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no separate payment for this work unless shown as a separate pay item. *Prior to any resurfacing the contractor shall identify and reference all structures so the precise locations can be determined after resurfacing. This shall be done in the company of the ARC Inspector. This shall be the first RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 21 of 57 order of work where minor structures requiring adjustment are included in the contract. 2. GRADING COMPLETE: GDOT Section 210 Includes all items not having an individual bid item, including but not limited to mobilization, construction layout. Attach itemized break of lump sum amount on a separate sheet. GC-35. CASINGS: 1. All steel casings being installed across any roadway and/or right-of-way shall have the joints continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when welds are ready for inspection. Welded casings backfilled without the Engineer’s approval shall be uncovered for inspection at the Engineer’s request. GC-36. PAYMENT FOR PIPE CULVERT INSTALLATION: 1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401 and Augusta Engineering Utility Road Cut Detail. 2. Payment for pipe culvert includes plugging existing pipe with Class “A” or “B” concrete (See Georgia Standard 9031-L). GC-37. PIPE CULVERTS: 1. Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard 1030-D. 2. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay item will be made for this material for its placement. 3. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement, sidewalk, curbing, etc., and replacing same as specified in accordance with Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class “A” or “B” concrete and for construction concrete collars. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 22 of 57 4. The Contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners, appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation. GC-38. PRECAST CONCRETE UNITS: 1. Precast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc., shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. GC-39. RELOCATED WATER METERS: 1. Relocated water meters and water meter boxes shall not be placed in the sidewalk. GC-40. REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: 1. It shall be the contractor’s responsibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential in this endeavor. The Contractor will not be held responsible for care and maintenance after removing, resetting, and reestablishing growth of these plants and sod except in cases where the Contractor’s equipment causes irreparable damage or where plants and/or sod dies as the result of negligence on the Contractor’s part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to insuring that the reset sod will live. At the Contractor’s option, he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. GC-41. REMOVING AND RESETTING OF OBSTRUCTIONS: 1. It shall be the Contractor’s responsibility to remove and reset any and all obstructions, such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc., which are in conflict with construction. Contractors are responsible for the security of pets and/or personal property RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 23 of 57 through the use of temporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. GC-42. SAW CUTS: 1. When matching existing conditions, saw cuts shall be used as required by Augusta- Richmond County. Only saw cuts in Portland Cement Concrete, which are shown, as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. Unless specifically noted this does not apply to pipe trenches. GC-43. SOD: 1. Sod will not be paid for separately when used to match or replace sod on adjacent lawns as replacement in kind. GC-44. STORM DRAIN PIPE: 1. Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete and shall include O-ring gaskets. GC-45. SUB-CONTRACTORS: 1. The Contractor shall furnish the official name, plus the name and telephone number of the 24-hour emergency contact of all firms he proposes to use as Subcontractors in the work. This information is to be furnished at the Preconstruction Conference. However, no work shall be done on this project by a Subcontractor until the Contractor receives approval of his Subcontractor(s) from the Engineer. NOTE: All submissions shall include the following information for each Subcontractor: 1. Name of Subcontracting Firm 2. Description of Work To Be Done 3. Contact Person’s Name and 24 Hour Phone Number GC-46. SUPERVISION BY CONTRACTOR: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 24 of 57 1. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on the behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. GC-47. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC-48. CHANGES IN CONTRACT PRICE: 1. The contract price may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work. In addition, there shall be RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 25 of 57 added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. GC-49. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 3. If the Contractor shall fail to complete the work within the contract time or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages as specified in the Agreement for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. 4. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 4.1 To any preference, priority, or allocation order duly issued by the Owner. 4.2 To unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 4.3 To any delays of subcontractors occasioned by any of the causes specified in Paragraphs 4.1 and 4.2 of this Article. GC-50. CORRECTION OF WORK: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 26 of 57 1. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the construction or not and the Contractor shall promptly replace and re-execute the work in accordance with the Contract Documents and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. 2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. 3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, at his own expense and shall rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or material, he shall have the power and is hereby authorized to make an equitable deduction from the stipulated price. GC-51. SUBSURFACE CONDITIONS: 1. The Contractor shall promptly and before such conditions are disturbed, except in the event of an emergency, notify the Owner by written notice of: 1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. 1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. 2. The Owner shall promptly investigate the conditions and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required, for performance of the work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 27 of 57 of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. GC-52. SUSPENSION OF THE WORK, TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an extension of the contract time directly attributable to any suspension. To the extent that it does not alter the scope of this Contract, Augusta, Georgia reserves the right of unilaterally ordering, without any cause, a temporary stopping of the work, or delaying of the work to be performed by the Contractor or Consultant under this Contract. Augusta, Georgia will not be held liable for compensation to the Contractor / Consultant for an extension of contract time or increase in contract price, or both, directly attributable to this action of Augusta, Georgia. 2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 28 of 57 receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 3. The Contractor must obtain permission from the Engineer before any equipment can be removed from the job site. In the event such equipment is removed without the Engineer's approval, the job will be terminated until such time as the equipment is returned to the project and any time and money lost by the Contractor as a result of moving the equipment shall be absorbed by the Contractor. 4. Where the Contractor's services have been so terminate by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 5. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. The Contractor shall be paid for any validated services under this Contract up to the time of termination. 5. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an adjustment in the contract time, shall be made for delays necessarily caused by the failure of the Owner or the Engineer. 6. The Contractor shall promptly remove from the premises all work rejected by theEngineer for failure to comply with the Contract Documents, whether incorporated in the construction or not and the Contractor shall promptly replace and re-execute the work in accordance with the Contract Documents and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. All removal and replacement work shall be RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 29 of 57 done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. 7. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, at his own expense and shall rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or material, he shall have the power and is hereby authorized to make an equitable deduction from the stipulated price 8. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Contract shall constitute default. The Owner may terminate this contract in part of in whole upon written notice to the Contractor pursuant to this term. GC-53. PAYMENTS TO THE CONTRACTOR: 1. BASIS OF PAYMENT: As explained in the section "Instructions to Bidders," payment for all items of construction will be made at the total of the actual number of units installed at the unit prices stated in the Bid Schedule to the Proposal. The partial payments described in the Agreement will be made based on the actual number of units of work completed during the month and in-place at the unit prices stated in the Bid Schedule 1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor on an approved form covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 30 of 57 data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance. The Engineer will, within thirty days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within thirty days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten (10%) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents and successful completion of required warranty period. On completion and acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, excluding retained percentages, less authorized deductions. 2. The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Documents. 4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that the work has been accepted by him under the conditions of the Contract Documents. The entire balance, excluding the retained percentage, found to be due the Contractor shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material-men and furnishers of machinery and parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 31 of 57 sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 5. Owner shall release half of the “10 percent retained” after six (6) moths into required warranty period of 18month warranty period. 50 percent of the remaining retained amount shall be released after completion of warranty period provided no defects are observed in originally accepted work. The remaining retained balance shall be released at successful completion of the required warranty period as certified by the Engineer. All payment requests shall be approved by the Engineer prior to forwarding to the Owner. 6. If the Owner fails to make payment 45 days after approval by the Engineer, in addition to other remedies available to the Contractor, there shall be added to each such payment, interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. GC-54. ACCEPTANCE OF FINAL PAYMENT AS RELEASE: 1. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the Contractor or his Sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. GC-55. INSURANCE: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 32 of 57 1. The Contractor shall purchase and maintain during the life of this Contract such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's execution of the work, whether such execution by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (2) by any other person; and 1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from. 2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the work. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled unless at least fifteen (15) days prior written notice has been given to the Owner and Construction Manager. 3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 3.1 Contractor's General Public Liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 33 of 57 with a limit of liability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting there from, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $100,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in any one accident. Contractor’s insurance policy shall name Owner and Program Manager as insured under this policy. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his/her subcontract, Subcontractor Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractor in his/her own policy. 3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 34 of 57 GC-56. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-57. ASSIGNMENTS: 1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. GC-58. INDEMNIFICATION: 1. Hold Harmless: The Contractor will indemnify and hold harmless the Owner and Program Manager and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 35 of 57 omission of the Contractor and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-59. SEPARATE CONTRACTS: 1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 2. The Owner may perform additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of the work and shall properly connect and coordinate his work with theirs. 3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 36 of 57 extension of the contract time, he may make a claim therefor as provided in Sections GC-13 and GC-14. GC-60. SUBCONTRACTING: 1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-61. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the work. Inspections may be made at the factory or fabrication plant or the source of material RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 37 of 57 supply. 3. The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GC-62. GUARANTEE: 1. The Contractor shall guarantee all materials and equipment furnished and work performed for a period of eighteen (18) months from the date of acceptance of the System by the Owner. The Contractor warrants and guarantees for a period of eighteen (18) months from the date of acceptance of the system that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments or other work that may be necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect though the guarantee period. GC-63. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC-64. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY: 1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner or of other railways, persons, or property, the work shall be so conducted as not to interfere with the movement of trains or other operations of the railway, or, if in any case such interference be necessary, the Contractor shall not proceed until he has first obtained specific authority and directions therefore from the proper designated officer of the Owner and has the approval of the Engineer. GC-65. ORDER AND DISCIPLINE: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 38 of 57 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work with the Engineer's written consent. GC-66. TRAFFIC CONTROL, WARNING DEVICES AND SIGNS: 1. The Contractor shall furnish, erect, paint and maintain warning devices when construction is on or near public streets for the protection of vehicular and pedestrian traffic. Such devices will be in accordance with the Georgia Manual on Uniform Traffic Control Devices for Street and Highways, "Traffic Control for Highway Construction and Maintenance Operations," latest edition. 2. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. 3. In addition, see Technical Specifications – Section 150. GC-67. SPECIAL RESTRICTIONS: 1. No work shall be done between hours of 6pm and 7am, nor on Sunday or legal holidays, unless otherwise noted in the project specific special conditions or without the written approval or permission of the Engineering Director or his/her designee in each case, except such work as may be necessary for proper care, maintenance, and protection of work already done or of equipment, or in the case of an emergency. 2. If work is required on Saturday, the Contractor shall request and receive approval from the Engineering Director or his/her designee by 2pm the previous day. 3. SCHOOL ZONE: This restriction will not apply if school is not in session. No lane closure shall be done in school zone between hours of 6:30am - 8:30am and 2:30pm – 4:30pm. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 39 of 57 4. MASTERS TOURNAMENT: No work shall be done during Masters Week Tournament, from Saturday to Sunday unless it is approved by the Engineer. 5. Any work planned to be accomplished during or directly before the Masters Golf Tournament must be submitted to and approved in writing by the Owner. Consideration will be given only for contract time extensions as a result of delays in accomplishing the work. No consideration will be given for claims for damages. GC-68.AFTER HOURS INSPECTION: If the Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m., Monday through Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must notify Owner/Engineer 48 hours in advance and get Owner/Engineer approval. No work shall be performed during after hours without advance approval by the Owner/Engineer GC-69. CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER: 1. The Contractor shall not employ or hire any of the employees of the Owner. GC-70. DRAWINGS: 1. The Owner will furnish to the Contractor, free of charge, up to two (2) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Location of all primary features of the work included in the Contract are indicated on the Contract Drawings. 2 The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction. Satisfactory progress toward the preparation of the record drawings shall be a condition of approval of monthly payment estimates. At the completion of construction, prior to submitting his estimate for final payment, and as a condition for payment thereof, three copies of RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 40 of 57 the record drawings, satisfactorily completed, will be transmitted to the Engineer. GC-71. COORDINATION OF WORK: Owner may perform other construction activities or have other infrastructure improvement / drainage improvement project in this project area or in vicinity of this project area; the Contractor for this project must coordinate construction activities and allow ingress and egress for other contractors. GC-72. RIGHTS-OF-WAY AND EASEMENTS: 1. The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the Contractor shall begin his work upon such land and rights-of-way as the Owner may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the Owner; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the Owner. 2. The Contractor shall not perform any work outside the limits of the right-of-way or easements. In addition, no equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In the event that the Contractor elects to utilize private property for any purpose connected with the project, such as, but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and recorded by the Engineer. Such agreements must be submitted prior to the contractor’s use of the property. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 41 of 57 All buildings located on newly acquired R/W and/or easements shall be relocated by the Contractor. Such buildings on existing R/W and/or easements shall be removed by the owner or will become the property of the Contractor. 3. The Owner will furnish all land and rights-of-way necessary for carrying out and for the completion of the work to be performed pursuant to the Contract Documents. If all land and rights-of-way are not obtained prior to the issuing of the Notice to Proceed, the Contractor shall begin work upon lands and rights-of-way that have been acquired. 4. The Owner shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired. 5. The Contractor shall comply with all ROW / easements acquisition provisions. 6. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-73. ESTIMATE OF QUANTITIES: 1. The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. GC-74. EXISTING STRUCTURES AND UTILITIES: 1. The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 42 of 57 structures. 2. Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. GC-75. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: 1. The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. GC-76. PRIOR USE BY OWNER: 1. Prior to completion of the work, the Owner may take over the operation and/or use of the uncompleted project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. GC-77. CLEANING UP: 1. The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. GC-78. SALVAGE MATERIALS/EXCESS MATERIALS: 1. All salvageable materials, such as drainage pipe, which require removing but not used on this project, are to be removed from the Right-of-Way, as directed by the Engineer, and recycled or properly disposed of per applicable local and state regulations. Augusta Engineering reserves the right to request a copy of disposal RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 43 of 57 documents for these materials. Granite curb and any other material identified by the Engineer shall be saved and stored at location determined by the Owner. GC-79. MAINTENANCE OF TRAFFIC: 1. In any work within the public right-of-way, the Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. 2. The Contractor shall provide construction signs in accordance with requirements of “Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways”; current edition with added supplements and provisions. 3. The attention of the Contactor is specifically directed to Subsection 107.09 of the Supplemental Specification- “Barricades and Danger, Warning, and Detour Signs”. “The Contractor shall furnish, install, and maintain all necessary and required barricades, signs, and other traffic control devices in accordance with these specifications, Project Plans, Special Provisions, and MUTCD, and Take all necessary precautions for the protection of the work and safety of the public.” 4. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the MUTCD current addition, as directed by the Engineer and be furnished by the Contractor with payment in accordance with Section 150. 5. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic on the travel way. This applies to initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way, traffic shall be maintained at all times unless approved RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 44 of 57 otherwise by the Engineer. As a minimum, the Contractor must comply with MUTCD, current edition and Georgia Standard 9102. 6. The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the construction area. 7. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. GC-80. FLAGGING: 1. Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. 2. All Flaggers shall meet the requirement of part 6F of the MUTCD Current Edition and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified Flaggers as required above shall be reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides the certified Flagger(s). 3. Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTCD Current Edition for controlling traffic. The Stop/slow paddle shall have a shaft length of seven (7) feet minimum. In addition to the stop/slow paddle, a Flagger may use a 24-inch square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. 4. Signs for Flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD Current Edition. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the Flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day’s work. GC-81. TRAFFIC DETOURS: 1. Where detours are required and in accordance with Section 150 of the Standard Specifications and any Supplements thereto, the Contractor shall file for approval a RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 45 of 57 detour plan of operation for this project. This plan shall include details of staging and rerouting of traffic including estimated length of time for use of the detours. 2. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic upon and along the roadway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. GC-82. MAINTENANCE OF ACCESS: 1. The Contractor will be required to maintain access to business establishments during all time they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildings or facilities at all times. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. GC-83. SPECIAL EVENTS: 1. When Special Events occur, such as the Augusta Masters Golf Tournament, all work shall be safe up, shut down and maintained until the Engineer approves the resumption of work. No project is exempt without the expressed approval of the Engineer. If these type work stoppages impose a hardship, contract time wise, consideration will be given to extending the contract time in an amount commensurate with the delay caused by such work stoppages provided the Contractor has otherwise pursued the work diligently. No consideration will be given for claims for damages. GC-84. EROSION CONTROL AND RESTORATION OF PROPERTY: 1. The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 46 of 57 construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. The Contractor will be required to submit a Soil Erosion, Sedimentation and Stormwater Pollution Control plan that is in compliance with the work site erosion control and NPDES plan, per the Georgia Department of Transportation and Georgia Environmental Protection Erosion, Sediment and Stormwater Pollution Control requirements. 2. The contractor will be responsible for NPDES monitoring and documentation to keep the project in compliance with applicable NPDES permit requirements unless specified otherwise. The contractor shall be responsible to bring project incompliance and pay penalty imposed on the project due to non-compliance to NPES permit and other permits. Note: NPDES monitoring and distribution is not Applicable for Resurfacing projects unless otherwise noted in bid schedule. 3. The cost of this work shall be included in the cost of Lump Sum Construction or grading complete unless Shown as a Separate pay item. GC-85. UTILITIES: 1. All utility facilities except those owned by Augusta Utilities Department which are in conflict with construction, not covered as specified items in the detailed estimate, are to be removed and relocated to clear construction by the respective owners with the exception of Augusta Utilities and Augusta Traffic Engineering unless added later to the contract as a supplemental item. All “above ground” utility structures will be located as near as possible to the right-of-way line. 2. The Contractor will not be paid for any delays or extra expense caused by utility facilities obstructions or any other items not being removed or relocated to clear construction in advance of his work. 3. All known utility facilities are shown schematically on the plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. “Existing Utility Facilities” means any utility facility that exists on the highway project in its original, relocated or newly installed position. Other than service lines from street mains to the abutting property the contractor will not be held responsible for the cost of RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 47 of 57 repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. 4. The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. 5. The Contractor’s attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the execution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature except Augusta Utilities and Augusta Traffic Engineering will be handled by the utility owner. THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 48 of 57 Atlanta Gas Light Company 337 Habersham Road Martinez, Georgia 30907 POC: Mark Sosebee Phone: (706) 847-0662 e-mail: msosebee@southernco.com Augusta Richmond County Utilities 360 Bay Street, Suite 180 Augusta, Georgia 30901 Fax: (706) 312-4133 POC: Marie Corbin e-mail: MCorbin@augustaga.gov Phone: (706) 312-4140 POC: Chad Hendrix e-mail: CHendrix@augustaga.gov Phone: (706) 312-4126 AT&T 3841 Wrightsboro Road Augusta, Georgia 30909 Fax: (706) 855-1917 POC: Jeff Surrency e-mail: Ws1449@att.com Phone: (706) 228 -5203/ (706) 210-8237 Georgia Power 642 Woodland Road Waynesboro, Ga. 30830 POC: Kristi Griffin e-mail: kbgriffin@southernco.com Phone: (678) 708-9112 WOW! 3714 Wheeler Road Augusta, Georgia 30909 Fax: (706) 364-1011 POC: Gary Mcferrin e-mail: gary.Mcferrin@wowinc.com Phone: (706) 364-1035 Jefferson Energy Cooperative P.O. Box 457 Wrens, Georgia 30833 Fax: (706) 547-5051 POC: Mike Wasden e-mail: mwasden@jec.com Phone: (706) 547-5019 Comcast Communications P.O. Box 3579 Augusta, Georgia 30904 Fax: (706) 733 – 6942 POC: Bernard Jackson e-mail: bernard_Jackson1@cable.comcast.com Phone: (706) 739 -2321 RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 49 of 57 GC-86. UTILITY ACCOMMODATION POLICY: 1. In so far as possible, work shall be scheduled so that open excavations will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized and/or lighted barricades as appropriate and as directed by the Engineer. Barricades sufficient to prevent a person from falling into an excavated or work area must be erected in areas where these conditions exist. GC-87. BYPASSING SEWAGE: 1. The Contractor will be required to schedule and coordinate construction sequences and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. GC-88. SAFETY AND HEALTH REGULATIONS: 1. The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL31-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). GC-89. WARRANTY: 1. Unless otherwise specified, all contract work is subject to an 18-month warranty. The 18-month warranty is hereby modified to include the following: Any repairs, corrections or modifications performed within the last six months of the original 18- month warranty shall have the original 18-month warranty extended 180 calendar days past the date of such repairs, corrections or modifications. GC-90. PRECONSTRUCTION CONFERENCE: 1. A preconstruction conference shall be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 50 of 57 GC-91. COMPLIANCE WITH LAWS, CODES, AND REGULATIONS, ETC.: Supplementing the provision of the GENERAL CONDITIONS, the successful bidder awarded this contract by signing the contract acknowledges the following, however, this is not to be construed as all inclusive or being these only: 1. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and requirements of “Georgia Laws 1969, Pages 50 and the following, and any amendments and regulations pursuant thereto”, and the Contractor shall comply therewith. 2. High Voltage Act: The Contractor by signing the contract acknowledges that he is fully aware of the contents and requirements of “Act No. 525, Georgia law 1960, and any amendments thereto, and Rules and Regulations of the commissioner of Labor pursuant thereto” (the preceding requirements within quotation marks being hereinafter referred to as the “high voltage act”), and the Contractor shall comply therewith. The signing of Contract shall also confirm on behalf of the Contractor that he: A. has visited the premises and has taken into consideration the location of all electrical power lines on and adjacent to all areas onto which the contract documents require to permit the Contract either to work, to store materials, or to stage operations, and B. that the Contractor has obtained from the Owner of the aforesaid electric power lines advice in writing as to the amount of voltage carried by the aforesaid lines. The Contractor agrees that he is the “person or persons responsible for the work to be done” as referred to in the high voltage act and that accordingly the Contractor is solely “responsible for the completion of the safety measures which are required by Section 3 of the high voltage act before proceeding with any work.” The Contractor agrees that prior to the completion of precautionary measures required by the high voltage act he will neither bring nor permit the bringing of any equipment onto the site (or onto any area or areas onto which the contract documents require or permit the Contractor to work, to store materials, or to stage operations) with which it is RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 51 of 57 possible to come within eight feet of any high voltage line or lines pursuant to operations arising out of performance of the Contract. The foregoing provisions apply to power lines located (a) on the site and (b) on any area or areas onto which the contract documents require or permit the Contractor either to work, to store materials, or to stage operations, or (c) within working distance for equipment or materials, being used on (a) and (b) above. These provisions of the Contract do not limit or reduce the duty of the Contractor otherwise owed to the Owner, to other parties, or to both. The Contractor agrees that the foregoing provisions supplement provisions of the General Conditions. The Contractor agrees and acknowledges that any failure on his part to adhere to the high voltage act shall not only be a violation of law but shall also be a breach of contract and specific violation of the provisions of the General Conditions which pertains to safety precautions. 3. Occupational Safety & Health Act: The Contractor by signing the contract acknowledges that he is fully aware of the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith. GC 92. LOCAL SMALL BUSINESS: 1. In accordance with Chapter 10B of the AUGUSTA, GEORGIA. CODE, the contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA.GA CODE § 1-IO-129(d) (7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 52 of 57 and/or collecting liquidated damages. GC-93 DEFECTIVE PRICING: To the extent that the pricing provided by the contractor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. GC-94. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE: The contractor is not responsible for delay in performance caused by acts of nature, strikes, lockouts, accidents, or other events beyond the control of the contractor. In any such event, the contract price and schedule shall be equitably adjusted. GC-95. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material into the stream beds of water courses adjacent to the project. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. GC-96. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 53 of 57 GC-97. CITY ACCEPTANCE: Notwithstanding any other obligations of the Contractor, he shall complete the work to the full satisfaction of the Augusta Engineering Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees. GC-98 REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. GC-99 SITE ACCESS: In order to minimize damage to existing paving, and landscaping, access to the site for the Contractor’s personnel and equipment will be restricted to the routes designated by the Owner. The Contractor will be required to use only these routes unless prior written approval is given by the Owner. GC-100 GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. GC-101 DISPUTES: The law of the State of Georgia shall govern the Contract between Owner and Contactor with regard to its interpretation and performance, any other claims related to this contract. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 54 of 57 this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. GC-102 INTEREST NOT EARNED ON RETAINAGE: Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. GC-103 EQUIVALENT MATERIALS: Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. GC-104 CONTINGENT FEES: The contractor is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any legislative action on the part of the Augusta, Georgia Commission the contractor shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the Augusta, Georgia Commission. GC-105 SITE CONDITIONS: Site conditions differing from those indicated in the contract, or ordinarily encountered, except that a differing site conditions clause need not be included in a contract: (i) When the contract is negotiated, (ii) When the contractor provides the site or design, or (iii) When the parties have otherwise agreed with respect to the risk of differing site conditions GC-106 CONTRACTUAL OBLIGATIONS: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 55 of 57 The contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, the contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of the contractor provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, the contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by the contractor. The contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. GC-107 LANDFILL: All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees GC-108 INSPECTIONS: All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. GC-109. AS-BUILT DRAWINGS: RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 56 of 57 The Contractor shall furnish a complete, legible set of “as-built” plans, prepared and certified by a qualified Georgia Licensed Professional Land Surveyor (PLS), to Augusta Engineering Department seven (7) days prior to the date of the Final Inspection. The As- Built plans shall include all above, at, and underground improvements and utility work, including storm sewer, traffic control and operational items, and fiber. The Director of Engineering Department or his/her designee shall review the submitted as-built plans for accuracy, legibility, completeness, and conformity with approved construction plans. Upon approval of submitted as-built, three (3) hard copies and one electronic (CD- in GA State plan coordinate) copy shall be submitted to Engineering Department for record and Director of Engineering signature. There shall be no separate payment unless otherwise shown. Note: Not Applicable for Resurfacing projects. Unless otherwise noted in Bid schedule. GC-110. FIELD OFFICE FACILITIES: 1. The Owner may require Contractor to provide field office depending on project location, size, and type of work. 2. The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing records, plans and contract documents. A telephone and Fax shall be provided at the Contractor's office for expediting the work and be made available for the use of the Engineer. A complete and up-to-date set of the plans and specifications shall be available at the field office at all times that the work is in progress. Note: Not Applicable for Resurfacing projects unless otherwise noted in Bid Schedule. GC-111. PROJECT SIGNS 1 The Contractor shall furnish and erect portable three (3) project signs for each task order. The sign shall be 36” x 48” in size and at a minimum indicate Stormwater Services Logo and TEXT “Your Stormwater Utility At Work”. The contractor may remove the sign at completion of the task order. Note: Not Applicable for Resurfacing projects RICHMOND COUNTY SHERIFF DEPARTMENT TRAINING COURSE RESURFACING GENERAL CONDITIONS GC 57 of 57 OFFICIAL Vendors Attachment "B"E-Verify SAVE Form Addendums 1-2 Bid Bond Bid Price Compliance Review 20% Reeves Construction 1 APAC Industrial Way Augusta, GA 30907 Yes 667047 Yes Yes Yes $553,654.90 Yes Beam's Contracting 15030 Atomic Road Beech Island, SC 29842 Yes 167300 Yes Yes Yes $603,113.25 Yes E.R. Snell 1785 Oak Road Snellville, GA 30078 Yes 22114 Yes Yes Yes $476,978.85 Yes Total Number Specifications Mailed Out: 15 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 46 Georgia Procurement Registry: 299 Mandatory Pre-Bid Conference Attendees: 3 Total Packages Submitted: 3 Total Noncompliant: 0 Bid Opening Bid Item #19-279 Richmond County Sheriff Training Course Resurfacing for Augusta, GA - Sheriff's Office Bid Date: Wednesday, October 2, 2019 @ 3:00 p.m. Page 1 of 1 Invitation to Bid Sealed bids will be received at this office until Wednesday October 2, 2019 @ 3:00 p.m. for furnishing: Bid Item #19-279 Richmond County Sheriff Training Course Resurfacing for Augusta, GA – Sheriff’s Office Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $25.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, August 22, 2019. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Friday, September 13, 2019 @ 10:00 a.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 Tuesday, September 17, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bid may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. 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 August 22, 29, September 5. 12, 2019 Metro Courier August 22, 2019 Revised: 2/2/2016 NAME I 3.'E�� 4 3v&Jy /cow/;,,.d 5·C,hf M•�G 6.Mcv-�e, t,J...co-b.s 7.·1{ Mandatory Pre-Bid Conference Sign-in Sheet Bid Item #19-279 Richmond County Sheriff Training Course Resurfacing For Augusta, Georgia -Sheriff's Office COMPANY/DEPT. '\(Q.,e.�> � �°!' Jv-..C.'f C _., Friday, September 13, 2019@ 10:00 a.m. PLEASE PRINT I ADDRESS/CITY/STATE/ZIP CODE 535 Telfair Street, Suite 605 Augusta, GA 30901 535 Telfair Street, Suite 605 Augusta, GA 30901 TELEPHONE NUMBER 706-821-2423 1706-821-2888 / Afl,,._ 1 ='-'>,,.,c � I .Ll:JI. C 13 I� 5.J..7:, A 4-k..._� 1 � J�1� r /.G� oA+a,111,cJll.4.�!s�:..-, $�/�SC-�-,82,?-"/3?, z_jl.S4-i! �-� .. )Nel( 1785e4. R<J 51-At/1;�)(_ l 6 A 170 .. q85-t/dJ() 31J67A I ""., ,., ...u,,,. st 110<., gJf. 'lft"f t�S,A4sl-ti, �/J-�or�, f.l.4 � ,J-oi E�V'U� f s; l,l.)cr, I l<.t,,r � I 7 SCP.I/ �(-tA ()U �t:lj_(R-<(_;,/', •- -l FAXNUMBER 706-821-2811 1706-821-2811 11 r:.<.-7'JJ." gr..,,2.� &S-62,7✓�$ 7-;o-eras--z:tS7 I JV Ir+ I /U/1+ EMAIL I procbidandcontract @augustaga.gov I procbidandcontract@augustaga.gov lbc.o�l'.•-G r I? 12..�cc.. <,-I l,r".;IIS-� .J.;.,j�$4� ,I, ,;t b��rot I jl'MJC\Ct>-bs (} Prime/Sub 1 ? NAME 8. �o� �00 9.�(µMi�JonG5 10. 11. 12. 13. 14. 15. Mandatory Pre-Bid Conference Sign-in Sheet Bid Item #19-279 Richmond County Sheriff Training Course Resurfacing For Augusta, Georgia -Sheriff's Office I COMPANY/DEPT. �f'r{�\ \&nee..J LS"-Baf (� , I &� / 1 Q.?-r-10 Friday, September 13, 2019@ 10:00 a.m. PLEASE PRINT .s,..a..a.,._,,.&'-&..11"-'...,l_,A& .&.l...,.&4.&.&..&Jl ZIP CODE �T� \, .5�b � �6 0 �� btl1t;'(j-. 9;<A.S ,,,.,.,.. I =706 32\-2400 rrao )J � r;J -'ft;ffl FAXNUMBER - - EMAIL I Prime/Sub � ��-�O'{ l!;si@ � g. CJ8{jb. Commission Meeting Agenda 11/19/2019 2:00 PM Resurfacing of RCSO Training Range Driving (EVOC) Course Department:Richmond County Sherif's Office Department:Richmond County Sherif's Office Caption:Motion to approve the Richmond County Sheriff's Office (RCSO) is requesting approval for the funding of the resurfacing of the training range driving course located at 2098 Greenland Road Blythe, GA. E. R. Snell Bid Item 19-279 (Approved by Public Safety Committee November 12, 2019) Background:The RCSO has requested to resurface the driving range course due to its age and condition. The driving track was constructed in 1991 and has had small repairs over the years. The track is in need of resurfacing to extends the use of the course. RCSO work with the Procurement Department and requested sealed bids to resurface the driving course. The Procurement Department solicited bids for the course (Bid # 19-279) and the contractor meeting all requirements was E.R. Snell Contractor Inc. submitting the lowest bid at $476,978.85 Analysis:None Financial Impact:Funding for this project will come from SPLOST 7 funds Alternatives:None Recommendation:Award the RCSO Resurfacing of the Driving Course to ER Snell Contractors Inc. of Snellville GA lowest bid #19-279 of $476,978.85. Funds are Available in the Following Accounts: Funds available in 329-03-1130/JL 219358004 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Lena Bonner From: Sent: To: Ci: Subject: Ms Bonner, Please add the Motion to stop Commissioner Sammie Sias Wednesday, November 1,3,20L9 9:23 PM Lena Bonner Mayor Hardie Davis, Jr.; Nancy Morawski EMS Zone following item to the Commission agenda for 19 November 2019. Augusta's pursuit of the EMS Zone. Sammie L. Sias Commissioner, Augusta Richmond County "Fuilure is not an Option" .t i{"r!1.!:i oilh* e triail ltaltsmission. lf verilication is rec;lrirrd. plea$e request a hard clpy version. i\i:i..). l(].i i Commission Meeting Agenda 11/19/2019 2:00 PM Augusta's pursuit of the EMS Department: Department: Caption:Motion to stop Augusta's pursuit of the EMS Zone. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM commission meetings: tr'irst and third ruesdays of each month - 2:00 p.m.committee meetings: second and rast Tuesdays of each month - l:00 p.m. commission/committee: (prease check one and insert meeting date) Date of Meeting x Date of Meeting tt/tz/tq Date of Meeting Date of Meeting Date of Meeting Date of Meeting contact Information for Individual/presenter Making the Request: Name: Address: 231 Telephone Number: Fax Number: 706-466_3687 E-Mail Address: Caption/Topic of Discussion to be placed on the Agenda: Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Un Please send this request form to the Ms. Lena J. Bonner Clerk of Commission Room 806 Municipal Buitding 530 Greene Street Augusta, GA 30901 following address: Telephone Number: Fax Number: E-Mail Address: 706-821-1820 706-821-1838 nmorawski@augustaga. gov Requests may be faxed, e-mailed or delivered in person and must be received in the ClerkrsOffice no later than 9:00 a.m. on the Thursday pieceding the Commission meeting and 9:00a.m. on the Thursday preceding the Committee meeting of the following 1o""k. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 11/19/2019 2:00 PM Ms. Bessie Jones Department: Department: Caption:Ms. Bessie Jones regarding an unfair/excessive incident with the Richmond County Sheriff's Department. (No recommendation from Public Safety Committee November 12, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/19/2019 2:00 PM Street Light Installation for Walton Way between 15th Street and D’Antignac St Department:Engineering Department:Engineering Caption:Motion approve the installation of 46 street lights along Walton Way between 15th Street and D’Antignac Street with an annual cost of $27,600.00. Funding is available for construction in 2019 Capital Outlay Funds budget account #272041610- 54.14410, and annual maintenance and power is available through Street Lighting Fund #276041610-53.12310. (Approved by Engineering Services Committee November 12, 2019) Background:Georgia Power Company will install 46 street lights on Walton Way between 15th Street and D’Antignac Street. The upfront cost to install the street light system will be $285,000.00. The yearly cost to operate and maintain the system will be $27,600.00 which will be paid for by the street lighting fund. The adjacent properties are zoned commercial and already pay a flat fee of $105 annually. Analysis:The cost proposal was received by Georgia Power on October 3, 2019 in the amount of: Contractor Bid Georgia Power $285,000.00 upfront $2,300.00 monthly Financial Impact:Adequate funds are available for installation and monthly maintenance and power costs. Alternatives:1) Approve installation of street light system along Walton Way. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the 272041610-54.14410 and 276041610-53.12310 Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, July 12, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-252 Tractor/Front Loader - Batwing Sweeper Combo – for Augusta, GA Environmental Services Department 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, June 28, 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 June 6, 13, 20, 27, 2019 Metro Courier June 6, 2019 Commission Meeting Agenda 11/19/2019 2:00 PM Approve the purchase of a Kubota M5091 HDC Tractor Loader-Batwing-Sweeper Combo, bid item #19-252 from J & B Tractor Co., Inc., Augusta GA as the compliant bidder with no exceptions. Department:Environmental Services Department:Environmental Services Caption:Motion to approve the purchase of a Kubota M5091 HDC Tractor Loader-Batwing-Sweeper Combo, bid item #19-252 from J & B Tractor Co., Inc., Augusta GA as the compliant bidder with no exceptions. (Approved by Engineering Services Committee November 12, 2019) Background:The Environmental Services Department, (ESD) currently has one large tractor, a Case Puma 155, used primarily for heavy towing and hillside mowing. When there is a major mechanical issue with this tractor, we have to transport the tractor to a specialized repair dealership, capable of working on tractors this size and larger. The dealership, Tidewater, is located at 9057 Hwy 67 Brooklet, Ga. which is approximately 100 miles away. Acquiring the M5091 HDC Kubota will provide multipurpose options; grass cutting, roadway sweeping, material transport (dirt/debris), and serve as a backup for the Customer Drop-Off (CDO) operations. In addition, the local Augusta area Kubota dealership is capable of performing all warranty-covered repairs and other repairs ESD personnel cannot perform. Analysis:To meet the needs of the ESD daily landfill operations, this size tractor greatly increases productivity with its various attachments. In addition, the smaller size allows the tractor and batwing to cut in areas that are not accessible by the larger Case Puma 155 tractor/batwing combination. The sweeper attachment will allow better cleaning of debris on the roadways, CDO paved areas, and scales, making the landfill a cleaner place for both internal and external customers. This solicitation is a continuation of the strategy of the Environmental Services Department phased acquisition process. We are replacing antiquated equipment in coordinated phases based on performance effectiveness and maintenance needs. Financial Impact:The cash purchase price of the 2019 Kubota M5091 HDC combo is $88,248. This includes the 15-foot batwing, loader/bucket, articulating front sweeper and Preventive Maintenance services for 2000 hours. Funds are available in 541-04-4210 / 54.22510. Alternatives:1. Approve the purchase of the Kubota M5091 HDC Tractor Loader Batwing Sweeper Combo bid item #19-252 from J & B Tractor Co., Inc. 2. Do not approve. Recommendation:Approve the purchase of the Kubota M5091 HDC Tractor Loader Batwing Sweeper Combo bid item #19-252 from J & B Tractor Co., Inc. Funds are Available in the Following Accounts: Funds are available in 541-04-4210 / 54.22510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission RIGHT OF WAY MAP Clanton Road Relocation AUGUSTA, RICHMOND COUNTY, GEORGIA NO. 2512 G E O RGIA R E G I STER E D L A N D SUR V E Y O RJ O H N T HOMA S A T T A W AY LEGAL DESCRIPTION Tract “C” All that tract or parcel of land with improvements thereon, situate, lying and being in the 86th G.M.D. of Richmond County, Georgia and being more particularly described as follows: Commencing at the intersection of the western right of way (r/w) of the Clanton Road (80’ r/w) and the southern r/w of Tobacco Road (r/w varies), said point being the POINT OF BEGINNING; Thence along the southern r/w of Tobacco Road South 88 degrees 40 minutes 32 seconds East for a distance of 80.00 feet to a point; thence along the eastern r/w of Clanton Road the following courses: South 01 degrees 19 minutes 28 seconds West for a distance of 433.54 feet to a point; thence 392.82 feet along a curve to the left having a radius of 2476.15 feet being subtended by a chord of South 03 degrees 13 minutes 13 seconds East for a distance of 392.40 feet to a point; thence South 07 degrees 45 minutes 54 seconds East for a distance of 760.83 feet to a point; thence South 82 degrees 14 minutes 06 seconds West for a distance of 4.82 feet to a point; thence 193.42 feet along a curve to the left having a radius of 235.00 feet being subtended by a chord of North 31 degrees 20 minutes 04 seconds West for a distance of 188.01 feet to a point on the western r/w of Clanton Road; thence along said r/w the following courses: North 07 degrees 45 minutes 54 seconds West for a distance of 588.51 feet to a point; thence 405.51 feet along a curve to the right having a radius of 2556.15 feet being subtended by a chord of North 03 degrees 13 minutes 13 seconds West for a distance of 405.08 feet to a point; thence North 01 degrees 19 minutes 28 seconds East for a distance of 433.54 feet to a point; said point being the POINT OF BEGINNING, Containing 2.72 Acres and is more fully shown on a Right of Way map of Clanton Road Relocation by Cranston Engineering Group, P.C. dated December 18, 2018, reference to which is hereby made for a more complete description as to the metes, bounds and location of said property. Commission Meeting Agenda 11/19/2019 2:00 PM Clanton Road Department: Department: Caption:Motion to determine that Clanton Road 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, 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. (Approved by Engineering Services Committee November 12, 2019) Background:Containing 2.72 Acres and is more fully shown on a Right of Way map of Clanton Road Relocation by Cranston Engineering Group, P.C. dated December 18, 2018, reference to which is hereby made for a more complete description as to the metes, bounds and location of said property. The abandonment request will be reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The map of said Clanton Road is attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, 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 Clanton Road be abandoned. Recommendation:Approve determination and request for abandonment of Clanton Road, with public hearing to be 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 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. Funds are Available in the Following Accounts: Funds are available REVIEWED AND APPROVED BY: Lena Bonner To: Subject: Commissioner Ben Hasan RE: November 1 Administrator's Advisory From: Commissioner Ben Hasan <BHasa n [oaugustaga.gov> Sent: Thursday, Novemb er O7 , 2O!9 8:58 AM To: Lena Bonner <lbonner@augustaga.gov> Subject: Fwd: November 1 Administrator's Advisory Good morning Mrs. Bonner will you please add to the agenda the landfill Consultants contract please? Thanks! Get Outlook fbr iOS & ra$ull i:ii tho e ttt":il iiilis;'nir'.:-rir:ri ll veri{iraliorr rs rorlr.rir'e,li. pleas.e requeaii a irarr! crpy version. AI:il'i04.'1 Commission Meeting Agenda 11/19/2019 2:00 PM Discuss Atlantic Coast Consulting Agreement Department: Department: Caption:Motion to approve month-to-month contract with current vendor agreement Atlantic Coast Consulting, Inc. relating to the Environmental Services Department. (Approved by Engineering Services Committee November 12, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: PR O J E C T M A P 15 T H . S T R E E T C O L L E C T O R S A N I T A R Y S E W E R AU G U S T A U T I L I T I E S DE 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 Invitation to Bid Sealed bids will be received at this office until Wednesday, October 23, 2019 @ 3:00 p.m. for furnishing: Bid Item #19-286 15th Street Collector Sanitary Sewer Project - Task Order – for Augusta, GA - Utilities Department 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 examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $110.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, September 19, 2019. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. A Mandatory Pre Proposal Conference will be held on Thursday, October 3, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, October 8, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of ninety (90) days after RFPs have been opened, pending the execution of contract with the successful vendor. A 10% Bid Bond is required. A 100% performance bond and a 100% payment bond will be required for award. 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 Mailed to Pre-Qualified Task Order Vendors September 19, 2019 Revised: 2/19/2016 BEAMS CONTRACTING ATTN: BUDDY ROWLAND 15030 ATOMIC ROAD BEECH ISLAND SC 29842 LEGACY WATER GROUP, LLC ATTN: PHILLIP YOUNG 10130 BOB WILLIAMS PARKWAY COVINGTON, GA 30014 NORTH AMERICAN PIPELINE 62 HAMBY RD. SE MARIETTA, GA 30067 GARNTO ATTN: JASON GARNTO 4811 CLARK DRIVE EVANS, GA 30809 GEARIG CIVIL WORKS ATTN: RYAN ROWLAND 322 GRIMAUDE BLVD. GROVETOWN, GA. 30813 BLAIR CONSTRUCTION ATTN PATRICK DILLARD PO BOX 770 EVANS, GA 30809 REYNOLDS CONSTRUCTION 300 EAST BROAD STREET FAIRBURN, GA 30213 HORACE LUKE UTILITIES DEPARTMENT STANLEY AYE UTILITIES DEPARTMENT TREZA EDWARDS COMPLIANCE OFFICE BID ITEM #19-286 15TH STREET COLLECTOR SANITARY SEWER PROJECT-TASK ORDER FOR AUGUSTA UTILITIES DEPARTMENT BID DUE: WED. 10/23/19 @ 3:00 P.M. BID ITEM #19-286 15TH STREET COLLECTOR SANITARY SEWER PROJECT-TASK ORDER FOR AUGUSTA UTILITIES DEPARTMENT MAILED 09/19/19 Commission Meeting Agenda 11/19/2019 2:00 PM Fort Gordon 15th Street Collector Sanitary Sewer Department:Utilities Department:Utilities Caption:Motion to approve award of Bid Item #19-286 to Blair Construction, Inc. to construct the Fort Gordon 15th Street Collector Sanitary Sewer under the Task Order Program RFQ #18-263 in the amount of $2,888,188.00. (Approved by Engineering Services Committee November 12, 2019) Background:Augusta Utilities Department (AUD) is the contracted water, sanitary sewer, and irrigation utility provider for Fort Gordon. Fort Gordon is undergoing a post-wide transformation with extensive new construction on the west side of post. This growth requires upgrading the 15th Street sanitary sewer to increase capacity. The project will install 4,560 feet of 30” sanitary sewer and 3,690 feet of 24” sanitary sewer. The cost for this project will be paid by Fort Gordon. Analysis:Blair Construction, Inc. submitted an acceptable bid package and was the lowest responsive bidder. The Utilities Department reviewed the bid and found it to be fair and reasonable. We recommend awarding this contract to Blair Construction, Inc. to construct the Fort Gordon 15th Street Collector Sanitary Sewer. Financial Impact:$2,888,188.00 funding is available from the following accounts: 507043420-5425210/88880180-5425210 Alternatives:No alternatives are recommended. Recommendation:Recommend approval for Utilities Department to contract with Blair Construction, Inc. to construct this project for the amount of $2,888,188.00. Funds are Available in the Funds are available in the following accounts: 507043420- 5425210/88880180-5425210 Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL VENDORS Attachment "B"E-Verify #SAVE Form Original 7 Copies Fee Proposal ZEL Engineers 435 Telfair St Augusta, GA 30901 Yes 257101 Yes Yes Yes Yes Infrastructure Management Systems 1557 Broad St Augusta, GA 30904 Yes 1266225 Yes Yes Yes Yes Moreland Altobelli 2450 Commerce Ave, Suite 100 Duluth, GA 30096 Yes 53328 Yes Yes Yes Yes Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 Yes 398475 Yes Yes Yes Yes Cranston Engineering 452 Ellis St Augusta, GA 30901 Yes 64684 Yes Yes Yes Yes RFP Opening RFP Item #19-241 On Call Professional Services for Engineering and Field Design, Small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspections & Investigations for Augusta, GA - Engineering Department RFP Date: Friday, June 21, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 9 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Proposal Conference Attendees: 14 Total packages submitted: 5 Total Noncompliant: 0 Page 1 of 1 RFP 19-241 On-Call Engineering and Field Design Median Fee Proposal Page 1 of 2 Request for Proposals RFP Item #19-241 On-Call Professional Services for Engineering and Field Design, Small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspections & Investigations For Augusta, Georgia – Augusta Engineering Department Thanks for doing business with us . . . Geri A. Sams, Procurement Director 535 Telfair Street, Room 605 Augusta, Georgia 30901 Rev. 8/11/2016 RFP 19-241 On-Call Engineering and Field Design Median Fee Proposal Page 2 of 2 RFP 19-241 - Proposed Fee Form On-Call Professinal Services For Engineering & Field Design, Small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance, and Structural Inspections & Investigations Median Fee Item Description Unit Unit No Rate i 1 Principal / Team Lead HR 205 2 Project Manager / Project Manager HR 175 3 Senior Engineer, P.E. HR 165 4 Staff / Design Engineer HR 100 5 QA/QC Engineer HR 160 6 Survey Crew - (three man Crew including PLS) day * 1245 7 Structural Engineer, P.E. / C.E. HR ** 185 4 Traffic Engineer, POTE HR ** 170 5 Administrator Assistant / Admin Support HR 55 * assume 8 work-hours Total: 1215 ** For firms providing Services in Structural/Bridge and Traffic Enginering peciality Area i) Hourly rate include direct expense cost (such as vehicle, phone, per diem,lodging,etc). There will be no separate pay item for these and other incidental items specific scope of services for a respective project We agree to accept the proposed median fees as stated above: COMPANY: ____________________________________________________________ PRINT NAME: __________________________________________________________ SIGNATURE: ___________________________________________________________ DATE: _____________________________ Request for Proposal Request for Proposals will be received at this office until Friday, June 21, 2019 @ 11:00 a.m. for furnishing: RFP Item #19-241 On Call Professional Services for Engineering and Field Design, Small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspections & Investigations for Augusta, GA – Engineering Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be 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. 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, June 7, 2019 @ 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 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). 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 their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 16, 23, 30, June 6, 2019 Metro Courier May 16, 2019 ZEL Engineers 435 Telfair St Augusta, GA 30901 Infrastructure Management Systems 1557 Broad St Augusta, GA 30904 MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 Cranston Engineering 452 Ellis St Augusta, GA 30901 ZEL Engineers 435 Telfair St Augusta, GA 30901 Infrastructure Management Systems 1557 Broad St Augusta, GA 30904 MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 Cranston Engineering 452 Ellis St Augusta, GA 30901 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)10 3.0 5.0 5.0 5.0 4.0 30 50 50 50 40 3. Organization & Approach (0-5)10 3.0 5.0 5.0 4.0 3.5 30 50 50 40 35 4. Scope of Services a. Prime firm must be experienced consulting firm providing similar services as requested under this RFP as one of the primary area of specialization. b. Firms experience, capabilities and other qualifications for this project in reference to on-call engineering services. c. Firms organizational and management approach d. Experience Subcontractors or team members and working relationship. e. Resources necessary to accomplish the purpose of the project. (0-5)30 3.0 5.0 4.8 3.8 3.5 90 150 142.5 112.5 105 5. Workload (0-5)5 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 6. References (0-5)5 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 Within Richmond County 5 10 5 5 5 50 50 0 0 50 Within CSRA 5 6 0 0 0 0 0 Within Georgia 5 4 5 5 0 0 20 20 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 0  All Others 5 1 0 0 0 0 0 24.0 30.0 29.8 27.8 26.0 250 350 312.5 272.5 280 8. Presentation by Team (0-5)10 0 0 0 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 0 0 0 Lowest Fees 5 10 5 0 0 50 0 0 Second 5 6 5 30 0 0 0 0 Third 5 4 5 0 0 0 20 0 Forth 5 2 5 0 10 0 0 0 Fifth 5 1 5 0 0 0 0 5 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 5 5 5 5 5 0 0 0 0 0 29.0 35.0 34.8 32.8 31.0 250 350 312.5 272.5 280 RFP Opening - RFP Item #19-241 On Call Professional Services for Engineering and Field Design, Small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspections & Investigations for Augusta, GA - Engineering Department RFP Evaluation Meeting: Thursday, July 25, 2019 @ 4:00 p.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 350) Phase 1 Weighted ScoresWeighted Scores Weighted ScoresWeighted Scores Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Weighted Scores Procurement DepartmentRepresentative:______Nancy Williams___________________________________ Procurement Department Completion Date: ___________7/25/19_____________ Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: _____Cumulative___________________ Date: 7/25/19 __ 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Commission Meeting Agenda 11/19/2019 2:00 PM On-Call Professional Services for Engineering and Field Design, small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspection & Investigations Department:Engineering Department:Engineering Caption:Motion to approve Award of “On-Call Professional Services for Engineering and Field Design, small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspection & Investigations” Services (CEI Services) Contract to ZEL Engineers, Infrastructure Management Systems, Moreland Altobelli, Hussey Gay Bell and Cranston Engineering, subject to receipt of signed contract and proper insurance documents. The Contract is for three years with renewal option of two additional years. Also, approve $500,000 to fund the CEI Services. Requested by AED. RFP 19-241 (Approved by Engineering Services Committee November 12, 2019) Background:The Augusta Engineering Department (AED) requested on-call professional services from Engineering Professional firms for Engineering & Field Design, Small to Medium scale Maintenance Task design, Regulatory Periodic Inspection Compliance, and Infrastructure structural assessment. AED has infrastructure improvements for several projects in design and under construction. This trend will continue for the next several years. Majority of the projects are local funded (SPLOST) and regional funded ( TIA). There are a few federal funded projects too. In addition, AED is responsible for operation and maintenance of storm conveyance system, flood control structures (such as dam and levee) and bridges, Traffic operation, and roadway lighting operation and maintenance. The following projects are currently under construction or will be under construction in Year 2019, Year 2020 : 1. Area-wide Roads Paving and Resurfacing. 2. Area-wide Sidewalks Design and Construction. 3. ADA Program Sidewalks Design and Construction. 4. Roadway Maintenance Design and Construction. 5. Area-wide small to medium Drainage Improvements Projects (funded by SPLOST and Stormwater fees). 6 . Georgia Safe Dam Program Periodic Inspection Compliance. 7. USACE Levee Program Periodic Inspection Compliance. 8. Various Regulatory Permitting Assistance. 9.Infrastructure Operation and Maintenance Assistance (not TIA funded).1 0. Area-wide Streetlighting Operation and Maintenance Assistance (not TIA funded). The on-going SPLOST and TIA funded roadway improvements and drainage improvement projects and the increase in maintenance and emergency repairs to aging infrastructures and sidewalks within the county have placed a significant strain on the AED Construction Section. The assistance of outside professional engineering services will only be temporary and will help insure a quality finish product. Analysis:Proposals were evaluated on July 25, 2019 with ZEL Engineers, Infrastructure Management Systems, Moreland Altobelli, Hussey Gay Bell and Cranston Engineering being the selected firms. Financial Impact:Funds are available in the amount of $500,000 from AED TIA Project Management surcharge, subject to TIA program definition of eligible costs and the TIA prioritized project list. Alternatives:1. Do not approve contract award and find alternative way providing needed Professional Engineering Services for small to medium projects design and specialty professional services. Recommendation:Approve Award of “On-Call Professional Services for Engineering and Field Design, small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspection & Investigations” Services (CEI Services) Contract to ZEL Engineers, Infrastructure Management Systems, Moreland Altobelli, Hussey Gay Bell and Cranston Engineering, subject to receipt of signed contract and proper insurance documents. The Contract is for three years with renewal option of two additional years. Also, approve $500,000 to fund the CEI Services. RFP 19-241. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: AED TIA Project Management surcharge of $500,000 accumulated from Berckman's Road TIA project; supplemental engineering costs for Berckman's Road to be charged to 371041110-5212115, JL T14041211-5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission America’s Water Infrastructure Act of 2018 (AWIA) Requirements for Risk and Resilience Assessments Required Risk & Resilience Assessment Considerations • Risks to the system from malevolent acts and natural hazards • Resilience of system components • Monitoring practices • Financial Infrastructure of the utility • Use, storage, or handling of various chemicals • Operation and maintenance • Evaluation of capital and operational needs for risk and resilience management System Components to be Considered • Pipes • Constructed conveyances • Physical barriers • Source water • Raw water collection and intake • Pretreatment • Treatment • Storage and distribution facilities • Electronic, computer, and other automated systems Required Emergency Response Plan Considerations • Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system • Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water • Actions, procedures, and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers • Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system Required Coordination Community water systems shall, to the extent possible, coordinate with existing local emergency planning committees established pursuant to the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.) when preparing or revising an assessment or emergency response plan under this section. Protection from Disclosure No community water system shall be required under State or local law to provide an assessment to any State, regional, or local governmental entity or to anyone. Check with State law for exemptions of the RRA and ERP from disclosure as critical infrastructure information. AWIA Deadlines for Compliance Systems are required to review and update the RRA and ERP at least once every 5 years after the applicable deadline for submission of its certification. Request for Proposal Request for Proposals will be received at this office until Friday, October 4, 2019 @ 11:00 a.m. for furnishing: RFP Item #19-282 Preparation of a Risk and Resilience Assessment – Augusta, GA – Utilities 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. 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, September 20, 2019 @ 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 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). 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 their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 29, September 5, 12, 19, 2019 Metro Courier August 29, 2019 OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1 SAVE Form Original 7 Copies Fee Proposal Jacobs Engineering Group 10 Tenth Street, Suite 7000 Atlanta, GA 30309 Yes 11557 Yes Yes Yes Yes Yes Dragoon Security Group 115 Hilton Run Court Chapin, SC 29036 Yes 1454738 Yes Yes Yes Yes Yes HDR 1100 Peachtree Street NE Atlanta, GA 30309 Yes 42021 Yes Yes Yes Yes Yes Witt Obriens LLC 818 Town & Country Blvd., Sutie 200 Houston, TX 77024 Yes 369335 Yes Yes Yes Yes Yes AAARC Consultants, LLC 4751 Best Road, Suite 4810 College Park, GA 30337 Yes 1455467 Yes Yes Yes Yes Yes RFP Opening RFP Item #19-282 Preparation of a Risk and Resilience Assessment for Augusta, Georgia-Utilities Department RFP Date: Friday, October 4, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 64 Total Number Specifications Download (Demandstar): 6 Total Electronic Notifications (Demandstar): 259 Georgia Procurement Registry: 40 Mandatory Pre-Proposal/Telephone Conference Attendees: NA Total packages submitted: 5 Total Noncompliant: 0 Page 1 of 1 Jacobs Engineering Group 10 Tenth Street, Suite 7000 Atlanta, GA 30309 Dragoon Security Group 115 Hilton Run Court Chapin, SC 29036 HDR 1100 Peachtree Street NE Atlanta, GA 30309 Witt Obriens LLC 818 Town & Country Blvd., Sutie 200 Houston, TX 77024 AAARC Consultants, LLC 4751 Best Road, Suite 4810 College Park, GA 30337 Jacobs Engineering Group 10 Tenth Street, Suite 7000 Atlanta, GA 30309 Dragoon Security Group 115 Hilton Run Court Chapin, SC 29036 HDR 1100 Peachtree Street NE Atlanta, GA 30309 Witt Obriens LLC 818 Town & Country Blvd., Sutie 200 Houston, TX 77024 AAARC Consultants, LLC 4751 Best Road, Suite 4810 College Park, GA 30337 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail Jacobs Engineering Group 10 Tenth Street, Suite 7000 Atlanta, GA 30309 Dragoon Security Group 115 Hilton Run Court Chapin, SC 29036 HDR 1100 Peachtree Street NE Atlanta, GA 30309 Witt Obriens LLC 818 Town & Country Blvd., Sutie 200 Houston, TX 77024 AAARC Consultants, LLC 4751 Best Road, Suite 4810 College Park, GA 30337 PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 4.5 1.5 5.0 2.5 3.3 90.0 30.0 100.0 50.0 65.0 3. Organization & Approach (0-5)15 3.8 2.5 5.0 2.8 3.5 56.3 37.5 75.0 41.3 52.5 4. Scope of Services • Water System Risk and Resilience Assessment • Wastewater System Risk and Resilience Assessment (0-5)15 4.3 2.0 5.0 3.0 3.8 63.8 30.0 75.0 45.0 56.3 5. Workload (0-5)10 5.0 2.0 5.0 5.0 5.0 50.0 20.0 50.0 50.0 50.0 6. References (0-5)5 5.0 0.0 5.0 2.0 2.3 25.0 0.0 25.0 10.0 11.3 Within Richmond County 5 10 0 0 0 0 0 Within CSRA 5 6 0 0 0 0 0 Within Georgia 5 4 5 5 5 20 0 20 0 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 0 10 0 0 0  All Others 5 1 5 0 0 0 5 0 27.5 13.0 30.0 20.3 22.8 305.0 127.5 345.0 201.3 255.0 8. Presentation by Team (0-5)10 0 0 0 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 0 0 0 Lowest Fees 5 10 5 0 0 50 0 0 Second 5 6 5 30 0 0 0 0 Third 5 4 0 0 0 0 0 Forth 5 2 0 0 0 0 0 Fifth 5 1 0 0 0 0 0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 5 0 5 0 0 30 0 50 0 0 32.5 13.0 35.0 20.3 22.8 335.0 127.5 395.0 201.3 255.0 RFP Item #19-282 Preparation of a Risk and Resilience Assessment for Augusta, Georgia-Utilities Department RFP Evaluation Meeting: Monday, October 14, 2019 @ 3:00 p.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Phase 1 Weighted ScoresWeighted Scores Weighted ScoresWeighted Scores Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Weighted Scores Procurement DepartmentRepresentative:_____Nancy Williams____________________________________ Procurement Department Completion Date: ____10/14/19____________________ Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: ___Cumulative_________________________ Date: __10/14/19 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Commission Meeting Agenda 11/19/2019 2:00 PM Professional Services for Preparation of a Risk and Resilience Assessment Department:Utilities Department:Utilities Caption:Motion to award RFQ #19-282, Professional Services for the Preparation of a Risk and Resilience Assessment to HDR Engineering, Inc. in the amount of $249,680. (No recommendation fromEngineering Services Committee November 12, 2019) Background:The America’s Water Infrastructure Act of 2018 requires community water systems to complete and certify Risk and Resilience Assessments of systems serving a population of more than 100,000 prior to March 31st, 2020 and an Emergency Response Plan prior to September 30, 2020. The first phase of this project will be to provide the Risk and Resilience Assessment. At a later date, a second phase will be negotiated with the selected firm to provide the Emergency Response Plan. Analysis:AUD solicited statements of qualifications for firms to provide professional services to develop a Risk and Resilience Assessment. We sought firms with specific expertise preforming similar work for community water systems of similar size. HDR Engineering, Inc. was deemed the highest qualified firm of the five submitter. Financial Impact:We have reviewed the proposal from HDR Engineering, Inc. and find it to be reasonable and within budget. Funding in the amount of $249,680 is available from accounts: G/L 507043490- 5212999 - J/L 81900060-5212999 Alternatives:No alternatives are suggested. Recommendation:We recommend that the agreement with HDR be approved so that AUD can meet the federally mandated requirements to complete a Risk and Resiliency Assessment and certify completion to the EPA by March 31st of 2020. Funds are Available in the Following Accounts: Funds are available in the following accounts: G/L 507043490- 5212999 - J/L 81900060-5212999 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Lena Bonner From: Sent: To: Cc: Subject: Attachments: Ms. Bonner: Mayor Hardie Davis, Jr. Thursday, November L4,2019 7:42 AM Lena Bonner Marcus campbell; commissioner sammie sias; commissioner sean Frantom;John Ussery; Jarvis sims;Tony McDonald; Hameed Malik; Robert H. sherman; wayne Brown Parking Management Legislation ORD. 7630 Nonconforming CBD parking(L).pdf Good rnorning. I hope this hnds you r.vell. Please add the following to the Commission agenda pursuant to the Conrmision request from the meeting on Novemb er 5,2019. l. Motion to adopt parking management plan as recommended by Sp+. 2. Motion to adopt parking management ordinance as amended by Traffic Engineering and planning Departrnent. 3. Motion to adopt parking management contract with SP+ for period of 3 yrs with 2 one year renew options. Additionally, include the attached (Central Business District Parking Ordinance 7630 adopted on August 21, 2018) by the Commission in our notebooks for distribution and review. This Ordinance speaks to need for aparking management plan in the Coty of Augusta. The remaining documents will be provided by Traffic Engineering and Jarvis for inclusion in the notebooks. Thank you, Mayor Hardie Davis, Jr. Get Outlook for Android Commission Meeting Agenda 11/19/2019 2:00 PM Adopt Parking Management Plan Department: Department: Caption:Motion to adopt parking management plan as recommended by SP+. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/19/2019 2:00 PM Parking Management Contract with SP+ Department: Department: Caption:Motion to adopt parking management contract with SP+ for period of 3 yrs with 2 one year renew options. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/19/2019 2:00 PM Parking Management Ordinance Department: Department: Caption:Motion to adopt parking management ordinance as amended by Traffic Engineering and Planning Department. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: CALLED MEETING COMMISSION CHAMBER November 5,2019 Augusta Richmond County Commission convened at 11:30 a.m., Tuesday, Novernber 5, 2019, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. williams, Garrett, Sias, Fennoy, Frantom, M. williams, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. ABSENT: Hon. Davis, member of Augusta Richmond County Commission. Mr. Mayor: We'll call this meeting to order. The Chair recognizes Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Mayor and Commission, we request a motion to go into an executive session to discuss matters pertaining to pending or potentiat litigation and real estate and economic development. Mr. Mayor: The Chair recognizes the commissioner from the 4e. Mr. Sias: So move. Mr. Garrett: Second. Mr. Mayor: Voting. Mr. Fennoy and Mr. Frantom out. Motion carries 7-0. IEXECUTTVE SESSTON] Mr. Mayor: We'll call this meeting back to order. The Chair recognizes Attorney Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mayor, we request a motion to execute the closed meeting affidavit. Mr. Mayor: Mayor Pro Tem. Mr. Frantom: So moved. Mr. D. Williams: Second. Mr. Mayor: Voting. Motion carries 9-0. Mr. Mayor: The Chair recognizes Afforney Brown. Mr. Brown: Mayor and Commission, we request a motion to approve the leffer of intent for the property known as 520 Fenwick Street with the State Property Commission. Mr. Mayor: The Chair recognizes the Mayor Pro Tem. Mr. Frantom: So moved. Mr. B. Williams: Second. Mr. Mayor: Voting. Motion carries 9-0. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: Augusta Housing and Community Development Department requests a transfer of properties known as 859 Laney Walker and 851 Laney Walker Blvd. to be transferred to the Land Bank. Mr. Mayor: The Chair recognizes the Mayor pro Tem. Mr. Frantom: So moved. Mr. Fennoy: Second. Mr. Mayor: Voting. Motion carries 9-0. Mr. Mayor: Attorney Brown, any other items? Mr. Brown: No, sir. Mr. Mayor: All right. Special called meeting is adjourned. 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 Called Meeting of the Augusta Richmond County Commission held on November 5,2019. Clerk of Commission Commission Meeting Agenda Commission Chambe r - llt5t20l9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis (participates by telephone on several items); D. williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend Teni R. Landers, Pastor Lutheran Church of The Resurrection. PLEDGE OF ALLEGIANCE TO THE FLAG OF T}IE UNITED STATES OF AMERICA. RECOGNITION(S) Mr. Joseph Traina A. Congratulations! OctoberYears of Service Recipients. Motions f#:" Motion rext Made Seconded Motion By By Result Item Action: None Item Action: None Presentation is made to October Years of Service Recipients. f ive (fl minute time limit per deleeation DELEGATIONS B. Mr. Joseph Traina regarding voter protection/election security. lEJoseph Traina Agenda ltem ll.5.l9.pdf IB ItemApprovalsheet html Motions Motion r,r^a:^_ ir!^_-a Made Seconded MotionType Motion Text By By Result Presentation is made by Mr. Traina. C. Mr. Lamar Hawkins regarding Parking meter concern on 8th & Broad Street. Item Revised pickup & drop-off signs. Action: None lB ItemAoorovalsheet.html Motions Motion f,,r^a: __ m, - Made Seconded MotionType Motion Text By By Result Presentation is made by Mr. Hawkins. D. Mr. Keith Brown regarding ARC Business License Inspectors. Item Action: None lB 20t9-05-ll K. Brown.pdf E ItemAoorovelsheet.html Motions Motion Motion Text Made Seconded MotionlYPe By By Result Mr. Keith Brown has requested that this item be deleted from the agenda. E. Citizens request to discuss the EMS service provided by Augusta. (Requested Item by Commissioner Sammie Sias) Action: None E 20t9-05-Il Comm. Sias.pdf B ItemAoorovalsheeLhtml Motions Motion Motion Text Made Seconded Motion r YPe By By Result Presentation is made by Ms. Carson Pelaz. CONSENT AGENDA (Items l-25) PLANNING 1. ZA-R-257 - A request for concuffence with the Augusta Georgia Planning ltem Commission to approve a petition to amend the Comprehensive Zoning Action: Ordinance for Augusta Georgia by amending Section 2 - Defrnitions to Approved remove the "no restaurant component" from the definition of Micro Brewery, Nano Brewery, Nano Distillery, Pico Brewery and Pico Distillery. (Approved by the Commission on October 15,2019 - second reading) E za-r-257.odf E ItemAoorovalsbeet.html Motions X:jt1"' Motion Text Made By seconded By MotionType Result Motion to approve. Approve Ms. Davis out. S::U:X commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes PUBLIC SERVICES 2. Motion to approve New Ownership: A.N. 19-39: request by Ashaben Patel Item for a retail package Beer & Wine License to be used in connectionwithB Z Action: Stop & Shop located at 2160 ML King Jr. Blvd. District 2. Super District 9. Approved (Approved by Public Services Committee October 29r2019) B.q.N.r9-l9.par lB ItemApprovalsheet.html Motions Motion Motion Text Made By seconded By H:tiIr ype Motion to approve. Approve fvfr. nuri.;';. - - Commisioner Commissioner p, rUotion pu#r r-0. Sean Frantom William Fennoy rasses 3. Motion to approve Alcohol Extension: A.N. 19-13: request by Alfonso Item Daggett for an Extension to purchase the Liquor, Beer & Wine License for Action: Gravity Lounge & Restaurant located at 2510 Peach Orchard Road Unit G, Approved due to extended work ongoing at the business address. There will be Dance. District 2. Super District 9. This application was previously approved on April 30,20l9.(Approved by Public Services Committee October 29,2019\ lB AN.l9-13 Exrension.pdf lB ItemApprovalsheet.html Motions Motion- *"-- Motion TextI'ype seconded By Motion ResultMade By Motion to approve' commisioner commissionerApprove Ms. Davis out. ;" -|:-.:-' . ;;:_ -- :: -:_ Passes Motion passes 9-0. Sean Frantom William Fennoy 4. Motion to approve designating that the funding $173,000 for the fourth Item undentified gateway art sculpture be designated to the Dr Martin L. King Action: Statue.(Approved by Public Services Committee October 29,2019) Approved lB ItemAonrovalsheet.html Motions Motion ="--"- Motion Textrype Made By Seconded By Motion Result Motion to approve' commisioner commissionerApprove Ms. Davis out. ;"_,-^-.:'".'* ,:;;;':"'":"^'-^ Passes Motion passes 9-0. Sean Frantom William Fennoy 5. Motion to approve request by Chang Huang for a Massage Operator's License ltem to be used in connection with H Massage located at 1944 Walton Way Suite Action: B. District 1. Super District 9. (Approve by Public Services Committee Approved October 29,2019) [B hmassase2.odf E ItemApurovalsheet.html Motions Motion Motion Text Made By seconded By MotionTYPe Result Motion to approve. Approve Ms. Davis out. Commisioner Commissioner Motion passes 9_0. Sean Frantom William Fennoy Passes ADMINISTRATIVE SERVICES 6. Motion to approve Fire Department requests the purchase of two pickup Item trucks; one for the Fire Department vehicle maintenance truck and one for the Action: Fire Prevention Bureau. (Approved by Administrative Services Committee Approved October 2912019) E Eval - 994411 - FIRE.pdf B f,val - 99441J - FIRE.odf B Tab-Sheet - 19-280 FIRf, OPTION l.xtsx lB Tab Sheet - 19-280 FIRE OPTION 2.xlsx B I 9-280 Invitation_to_Bid.docx E 19-280 rAB.pdf B 19-28o-Departmetrt R€commendation of Award.odf B 19-280 Vendor Planholders List.pdf lB ItemAoorovalsheet.html Motions Motion m Motion- ----- Motion Text Made By Seconded ByIype - ----- -'I ----"'-- -r Result Motion to approve. Approve Mr. Hasan out. commissioner commissioner Motion passes 9-0. Marion Williams Brandon Garrett Passes 7. Motion to approve Planning and Development Department requests the Item purchase of five pickup trucks only at a cost of $l 17,825.00 from Gerald Action: Jones Ford and come back to the Commission in 3O-days with a report Approved regarding the status of the Ford Ranger trucks.(Approved by Administrative Services Committee October 29, 2019) E Tab Sh€et - 19-280 BUILDING INSPECTIONS.XISX {B I 9-2E0_Itrvitation-to-Bid.docx B tg-z8o teg.oor lB 19-280 LVO Response Gerald Jones.pdf lE 19-280 Drpartmetrt Recommendetion of Award.pdf E 19-280 Vendor Planholders Lisl.pdf Motion Result Motion to approve. Approve Ms. Davis out. Commisioner Commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes 8. Motion to approve Utilities Department-Construction Division requests the ltem purchase of two non-CDL style dump trucks at a cost of $76,750 each using Action: the Department's enterprise capital outlay. CSRA Fleetcare dba Matthew epproved Motors - Bid 19-258 (Approved by Administrative Services Committee October 29,2019) lB ltemApprovalsheet html Motions Motion Motion TextI ype B 19-258 Dump Truck Teb Sheet.xlsx lE I9-258 Advertisement to paper.pdf B tg-258 tLB.por lB 19-258 Department Recommendation of Award.pdf E lttail List and Demandstar planholders.pdf B Gcorgia Procurement Registry Vendor Summarv.pdf E ItemApprovalsheet.html Motions Hj:" Morion Text Made Byr ype Made By Seconded By Seconded By Motion Result Motion to approve. Approve Ms. Davis out. Commisioner Commissioner Motion passes 9_0. Sean Frantom William Fennoy Passes 9. Motion to approve Bid-Award the contract for underground storage tank ltem removal at 401 Walton Way to ATC Services of Augusta in the amount of Action:$l10,050.00. Bid Item l9-262.(Approved by Administrative Services Approved Committee October 29, 2019) E Invitation to Bid Sent to Newsoaoer.odf E 19-262 TAB.pdf B r9-zoz upr.par B 19-262 Department Recommendation of Award - Underqround Storaqe Tank Closure by Removal - CSA.pdf B Mail List and Demandstar Phnholders.pdf E Georgia Procuremcnt Reqistry Vendor Summary.pdf B ltemApprovalsheet.html Motions [,o11" Motion Text Made By seconded By f;Xiir ype Motion to approve. Approve tvts. Davis out. commisioner commissioner Motion passes 9_0. Sean Frantom william Fennoy Passes 10. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide Housing Opportunities for Persons with AIDS Action: (HOPWA) funding to Family Initiative of the CSRA, Inc. to carry out Approved program. (Approved by Administrative Services Committee October 29, 20te) B ltemApprovalsheet.html Motions X:tl" Motion Text Made By Seconded By MotionType Result Motion to approve. Approve Ms. Davis out. commisioner commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes 11. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide HOME funding to J. Lovett Homes and Action: Construction, LLC to develop one (l) single family unit for a low to Approved moderate income family evictions and to increase the FY2019 Approved Budget utilizing prior years grant caffyover.(Approved by Administrative Services Committee October 29, 2019) E JlovettHomes Home Asreement.docx IB ItcmAnnrovalsheet,html Motions Motion Motion Text Type Made By Seconded By Motion Result Motion to approve. Approve Ms. Davis out. Commisioner Commissioner Motion passes 9_0. Sean Frantom William Fennoy Passes 12. Motion to approve Housing and Community Development Department,s Item(HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding Action: to construct two (2) workforce, residential units on Boyd Lane.(Approved Approved by Administrative services committee october 29,2019) E Contract 918 Boyd-AHCD end CrpitalRise developcr.pdf IB Contract 922 Boyd--AHCD and CapitalRise developer.pdf IB ItemApprovalsheet.html Motions ryJ:" Motion rext Made By Seconded By Motion Result Motion to approve. Approve Ms. Davis out. Commisioner Commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes 13. Motion to approve the Decommissioning of DRE Voting System. Item (Approved by Administrative Services Committee October 29r2019) Action: Approved B ltemAoorovalsheet.html Motions Motion Motion TextI ype Motion to approve. Approve Ms. Davis out. Motion Passes 9-0. 14. Motion to approve permission Municipal Building.(Approved October 29,2019') Made By Seconded By Motion Result Commisioner Commissioner Sean Frantom willi"dm F.*ov Passes for Mobile Food Truck Services at the Itemby Administrative Services Committee Action: Approved B cIs Mlp tuuNtclpat ru[nntc.oocx B Food Trucks - Article 3.pdf E ItemApprovalsheet.html Motions Motion Motion- ----- Motion Text Made ByI YPe - ------ -" Result Motion to approve. Approve Ms. Davis out. Commisioner Commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes ENGINEERING SERVICES 15. Motion to approve award of Bid Item #19-135, Trash Services for ltem Permanent Sidewalk Receptacles, to Coleman Sanitation.(Approved by Action: Engineering Services Committee October 29,2019) Approved 82019.04.29 Trash Service for Permanent Sidewelk Recentecles - Awrrd Re.nmm.n.trfinn Mamn - 1g-11<nrrf IE 2019.02.22 Sidewrlk Receptacle Service.doc E lg-lls rrr - srNt to perun.por B Mail List rnd Demandstar Planholders.odf E ltemApprovalsheet.html Motions Y:'1"" Motion Text Made By seconded By MotionlYPe --------- -'t Result Motion to approve. Approve Ms. Davis out. commisioner commissioner Motion passes 9_0. Sean Frantom William Fennoy Passes 16. Motion to authorize a $425,000.00 change order onlyto Atlantic Coast Item Consulting's (ACC) current Purchase Order P367569. (RFP l9-146C Action: Environmental Compliance Testing, Engineering & Consulting).(Approved Approved by Engineering Services Committee October 29,2019) E }temo ACC Exlension and Change Order.pdf E ZOtq.to.Zt ACC - Change Order Request - Attachment for Asenda ltem.ndf B 2012.02.29 Environmental Compliance, Testing, Engineering, rnd Consulting - Executed Contract pdl E ItemApprovalsheet.html Motions Motion- ------ Motion TextI ype Motion to approve. Mr. Sias not voting. . Votins No:ADDrove u.r r uommlssloner John Clarke. Motion Passes 8-1. Made By Seconded By Motion Result Motion Result Item Action: Approved Commissioner Marion Williams Commissionerild;;; Passes 17. Motion to approve Award of "Grounds and Landscaped Improvements and Maintenance - Various Roadways and Roundabouts" Contract to Augusta Quality LLC, subject to receipt of signed contract and proper insurance documents. The Contract is effective 11112020 for three years with Base year 1 and two option year renewal. Also, approve not to exceed $24l,970lyear to fund these contracted services. Requested by AED. BID 19-270 (Approved by Engineering Services Committee October 29r2019) E l9-270-CotrstAward Lardscapinq 9.23.2019.pdf B 19-270 ITB to Paper.odf E t9-2zo upr.oor E MaiLlist and Demandstar Planholders.odf lB Georqia Procurement Resistrv Vendor Summarv.ndf E ItemAoorovrlsheet.html Motions X:11" Motion rexr Made Bylype Seconded By Motion to approve. Commissioner Commissioner Approve Mr. Garrett out. Marion Dennis Passes Motion Passes 9-0. Williams Williams 18. Motion to approve presentation from SP Plus on parking management Item implementation proposal and results of public hearings.(Approved by Action: Engineering services committee october 29r20lg) Approved B 2019-29-10 lllavor s Office parkitrs Msmt plan Ma.pdf E ltemAoorovalSheet.html Motions fr'J:" Motion rext Motions |'#:" Motion rext Made By Seconded By Motion Result Motion to approve ^^ i-of.r.ntulilon "na Commissioner Commissioner ADDrove '.L. .1,iT_;;;;i,n; - fl,",,o,',I_, y?,l,,:L, parKlng proposal. No action is taken on this motion due to the passage of the substitute motion. Made By seconded By H:iil Substitute motion to task the Engineering Department to take the presentation and bring back to the Commission a formal contract at the ^ next full Commission CommisionerApprove meeting. Ms. Davis out. Sean Frantom Voting No: Commissioner John Clarke, Commissioner. Brandon Garrett. Motion Passes 7-2. CommissionerWilliam Passes Fennoy 19. Motion to award RFQ #19-188, Professional Services for the Development of a Sanitary Sewer Model to CDM Smith, Inc. in the amount of $329,200. (Approved by Engineering Services Committee October 29r2019'1 lB RFP l9-188 Direcrors Memo.pdf lB RFP l9-lsSJrofessional Services_Aqreement.pdf E lq-l8a Rrp - srNt ro vrNoons.oot B rg-lm tan.oar E Procrss Resardinq RFPs.odf E tr{ait Lebels.pdf B ItemAonrovalsheet.html Motions Item Action: Approved X:j*1" Motion Text Made By seconded By Motion'lype - ---- -'t -------- -J Result Motion to approve. Approve Ms. Davis out. commisioner commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes 20. Motion to approve the contract in Exhibit Item B and the list with of $1.4 ltem million dollars (use of recaptured SPLOST Funds) for paving of roads. Action: (Approved by Engineering Services Committee October 2912019) Approved B sxl.t cesStgto3tuoot.oar B ItemAoprovelsheet html Motions Y:11"' Motion Text Made By seconded By Motion'f'YPe - ---- -r Result Motion to approve. Approve Ms. Davis out. commisioner commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes 21. Motion to approve award of Design-Build Construction Contract to Blair Item Contraction, Inc. in the amount of $1,858,907.00 for Skyview Drainage Action: Improvements Design-build Construction Services as requested by AED. Approved Award is contingent upon receipt of signed contracts and proper bonds. RFP 19-236 (Approved by Engineering Services Committee October 29, 20te) E Copv of CPB 09.26.2019.x1sx lB I 9-236-MemoRFPA\r-rd-Sklvie$-A ED.pdf E 19-236 Advertisement to Peper.pdf E tg-zlo t,q,r.par lB Process Rcgardinq RFPs.pdf E tg-zso upp.por @ Mait Labets.pdf B Compliance Information.pdf E ltemApprovalsheet.html Motions Motion Text Made By Seconded By Motion MotionTYPe Result a ^-^..____ Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Marion williams Sammie sias Passes 22. Motion to approve Roadway Lighting Agreement with the Georgia Item Department of Transportation in Conjunction with SR 88 @ CR58iBath Edie Action: Road Roundabout Project as requested by AED. (Approved by Engineering Approved Services Committee October 29, 2019) E cDO Asreement Bath Edie A No. 0009916 ARC.pdf B GDOT Lishtitre Asreement-Bath Edie_Roundabout.pdf B It€mApprovalsheet.html Motions X:]1"Il Motion Texr Made By seconded By Motion'l'YPe ''---- -'t Result Motion to approve. Approve Ms. Davis out. commisioner commissioner Motion passes 9_0. Sean Frantom William Fennoy Passes 23. Motion to approve the installation of 43 street lights in the Sims Landing Item Phase 2 development with an annual cost of $13,539.60. Also approve the Action: creation of a new lighting tax district for the 150 lots within Phase 2. Approved Funding is available in Street Lighting budget account #2760416105312310. (Approved by Engineering Services Committee October 29r2019) IB Streetlishts Simslanding2 (003).odf E ItemAoorovalsheet html Motions Y:-t1"' Motion Text Made By Seconded By Motion I YPe '.---- -r Result Motion to approve. Approve Ms. Davis out. commisioner commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes 24. Motion to approve award of MQ#18-314, Turnkey Performance Based ltem Services to Implement Energy Savings Measures to Noresco, LLC. Action: (Approved by Engineering Services Committee October 29,2019) Approved B 20191009 Directors Memo.pdf E Aueusta NORESCO .ltaster ESA.pdf E l8-3I4 RFQ setrt to newsprper.pdf B 18-314 officiat rab.pdf E CumulativeS Sheet 18-314 AUD.pdf B Process Resardins RFQs.pdf B rB-314 Mpec.pdf lB Mril List and Demandstar Planholders.pdf B ltemApprovalsheethtml Motions Motion Motion Text Made By seconded By ffffIype -'----- -J Motion to approve. Approve Ms. Davis out. commisioner commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes PETITIONS AND COMMUNICATIONS 25. Motion to approve the minutes of the regular meeting of the Augusta Item Commission held on October 15,2019 and Special Called Meetings held on Action: October 2l and October 29,2019. Approved B Reqular Commission Meetinq October 15 20l9.ndf IB Ca[ed Commission Meetins October 21 20l9.pdf B Called Commission Meetins October 29 20l9.odf lE ItemAonrovalsheet html Motions Y:jl'" Motion Texr Made By Seconded By Motion t YPe -.---- -'I Result Motion to approve. Approve Ms. Davis out. Commisioner Commissioner Motion passes 9-0. Sean Frantom William Fennoy Passes ****END CONSENT AGENDA:I'. 'f * AUGUSTA COMMISSION Lu5t2019 AUGUSTA COMMISSION REGULAR AGENDA tUst20t9 (Items 26-37) PLANNING 26. Z-19-22 - A request for concuffence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by DOTT Action: Augusta Investments II LLC requesting a Special Exception to construct Disapproved 6 attached townhomes not to exceed 5.5 units per acre per Section l0-2-a of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 1.19 acres and known as 613 Johns Road. Tax Map 034-2-075-00-0 DISTRICT I 1. The development shall substantially conform to the site plan submitted on date received 412312019.2. The proposed development must adhere to the open space and buffer yard requirements of Section 13. (Deferred from the June 18, z0lg Commission Meeting) E z-19-22.pdf lE ItemAoproyalsheet.html Motions Motion Motion Textrype Motion to deny. Ms. Davis and Mr. SiasLrenv' out. Motion Passes 8-0. seconded By f"".XilMade By William Fennoy Commissioner CommissionerBobby Passes Williams 27. Z'19'43 - A request for concuffence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Kirk S. Action: Laney, on behalf of Dixon Airline Recycling & DisposalLLC, requesting a Approved Special Exception to establish an Inert Fill Area and a Construction and Demolition Landfill per Section24-2-18 and of the Comprehensive Zoning Ordinance for Augusta, Georgia and amend conditions from 2-18-31 affecting properfy containing approximately 52 acres of the total 150.76 acres and known as part of 1710 Dixon Airline Road. Part of Tax Map 145- 0-033-00-0 DISTRICT 6 1. Approval be granted for a Construction and Demolition Landfill and an Inert Landfill on approximately 51.9 acres of land designated as "Proposed C&D-Inert Landfill with C&D-Inert Waste Recycling" as delineated on the Conceptual Site Plan submitted with the Special Exception application and which is located entirely east of the power transmission lines and easement and which is also currently zoned HI (Heavy Industrial). Those areas previously zoned by Special Exception (2-18-31) in 2018 - approximately 3.16 acre area for recycling of concrete product, an approximately 2.99 acre area for the recycling of asphalt product and an approximately 3.35 acre area for the recycling of land clearing wood debris product for a total of 9.5 acres of recycling area will be included in this Special Exception and will remain areas for recycling;2. An inspection by the city of Augusta and an inspection by the Georgia EPD must be conducted on the overall site and any deficiencies found on the subject property must be corrected or remedied prior to a business license being issued by the City of Augusta for any and all operations on the site; 3. The cemetery on the property needs to be clearly delineated on any and all site plans, plats or depictions of the site, the required cemetery buffer needs to be verified, and the cemetery and the required buffer need to be adequately fenced to prevent encroachment by any of the inert fill and construction and demolition fill and / or inert landfill or construction and demolition landfill activities and operations, should the cemetery be located in any of, or close by to any of, these areas; 4. A 200' buffer similar to the one shown on the Conceptual Site Plan submitted with the Special Exception application must be enforced between the proposed inert landfill and Construction and Demolition landfill operations and the existing residential structures and also be enforced against the existing exterior boundaries of the subject property. In no case, shall an undisturbed buffer be reduced below 200 feet in width against the adjoining residential lots. 5. An annual inspection, as part of the annual business license renewal, shall be conducted by Augusta Code Enforcement inspectors to ensure compliance with all provisions of this zoning action and the previous zoning action for recycling (z-l}-31). 7. Should the Inert landfill and Construction and Demolition Landfill activities and operations on the site cease, change in scope of work, or change in size, a new Special Exception will have to be applied for prior to start of any future operation (other than the areas previously approved by Special Exception, in the specified areas, as part of 2-18-31) within this area. 8. The owner must maintain the proper permitting from EPD and DNR for any and all activities and operations on the subject property, including the 9.5 acres approved under Special Exception (Z-18-31) for the recycling areas. 9. The Site Plan for the Construction and Demolition Landfill and Inert Landfill must comply with all local, State and Federal laws, ordinances and regulations in effect at the time of development. 10. All Construction and Demolition Landfill and Inert Landfill activities and operations must be performed during the normal business hours of 6:00 am to 5:00 pm. ll. A Business License will be required prior to the start of any Construction and Demolition Landfill and Inert Landfill activities and operations. Permittingby the State for Construction and Demolition Landfill and Inert Landfill activities and operations will be required prior to the issuance of a Business License. @eferred from the october 15, 20lg commission meeting) E z-t9-43.odf lB ItemAporovalsheet.html Motions Motion Motion Textrype Motion to approve. Voting No: Commissioner William Fennoy, Commissioner Approve Ben Hasan, Commissioner Sammie Sias, Commissioner Marion Williams. Motion Passes 6-4. Motions Motion Motion TextI ype Deny Substitute motion to deny. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Sammie Sias, Commissioner Made By Seconded By Motion Result Commissioner John Clarke Commissioner Brandon Garrett Passes Motion Result Fails Made By Commissioner Ben Hasan Seconded By Commissioner Marion Williams Bobby Williams, Commissioner Dennis Williams. Motion Fails 3-7. PUBLIC SERVICES 28. Motion to approve proceeding with sculpture at Riverwatch Parkway and Item then following up with the gateway art sculptures at San Bar Ferry Road. (No Action: recommendation from Public Services Committee October 2912019) Approved E 2019-29-10 Frentom Getewv Arf-nrlf E ItemAoorovalSheet.html Motions Motion Motion Textr ype Motion to approve stopping the Riverwatch Parkway sculpture at this point, receive input from the community and proceed with Sand Bar Ferry Road sculpture A .^--^_-^ after receivingADDTOVC- -rr- community input. Mr. D. Williams abstains. Voting No: Commissioner Ben Hasan, Commissioner Sammie Sias. Motion Passes 7-2 -1. Motions Motion Motion Textr ype Approve Substitute motion to proceed with one of the two sculptures at Riverwatch Parkway that we already have and then proceed with the Made By Seconded By Motion Result Commissioner Brandon Garrett Commissioner Bobby Williams Passes Motion Result Fails Made By Commissioner Dennis Williams Seconded By Commissioner William Fennoy sculpture at Sand Bar Ferry Road. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. ADMINISTRATIVE SERVICES 29. Discuss future of old jail property. Clarke) B 2019-05-l l_Comm. Ctrrke.pdf B ItemAoprovalsheet.html Motions Motion Motion Text'l'ype Motion to approve stopping the procurement process Approve regarding the demolition of the old Jail at 401 Walton way. (Requested by Made By Seconded By Commissioner John Item Action: Approved Motion Result Commissioner Commissioner John Clarke Ben Hasan No action is taken on this motion due to the passage of the substitute motion. Motions il,'ri:" Motion Text Made By Seconded By N.:,t,lir' Motion to approve moving forward with the demolition of the old Jail at 40l Walton way. Voting No:Commissioner Commissioner Approve John Clarke, william commtsstoner Commisioner Fennoy Sammie Sias Passes Sean Frantom, Commissioner Ben Hasan, Commissioner Dennis Williams. Motion Passes 6-4. 30. Mandate that Augusta Department Directors attend Item Commission/committee/work session, etc. meetings when agenda items Action: are on agendas relative to their departments. (Requested by Commission Disapproved Marion Williams) B ltemAoorovalSheet html Motions i';J:" Motion rext Made By seconded By f"'rlil Approve Motion to approve Commissioner Commissioner Fails mandating that a Marion Brandon department head or Williams Garrett their designee be present at Commission/committee meetings when they have agenda items on the agenda relative to their departments. Mr. Fennoy out. Voting No: Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Fails 4-5. Motions Motion Motion Text'l'vne Made By Substitute motion to approve asking the Administrator to send out an appropriate memo to ^ department heads to have CommisionerApprove someone present from Sean Frantom their departments to address agenda items at the Commission and committee meetings. 31. Motion to amend Ordinance Code of Augusta Georgia, Title One, Chapter Seven, Article Four, Section l-7-51 by repealing Sections 500.308 through 500.315 of the PPPM related to Senior Executive Service ("SES") employees with second reading waived; and to adopt a new SES Policy and Procedures (including those related to severance pay) to become effective upon approval. B 2019.05.11 Amend PPPM SES Ordinance Amend$etrt.pdf lE 2019.05.1I-SES Severance procedures.pdf B 2019.05.1I-Revised SES poticv.pdf B ltemApprovalsheet.html Motions Motion;- ---- Motion TextI ype Motion to approve. Approve Ms. Davis out. Motion Passes 9-0. PUBLIC SAFETY 32. Seconded By Seconded Motion By Result Dies for lack of Second Item Action: Approved Made By Commisioner Sean Frantom Motion Result Commissioner william Fennoy Passes Motion to stop Augusta's pursuit of the EMS Zone. (Requested by ltem Commissioner Brandon Garrett) Action: Disapproved lB 2019-05-11 Comm. Garrett.odf B ltemAoorovalsheet.html Motions X::"" Motion Text Made By seconded By H:lilr ype Motion to approve stopping Augusta's pursuit of the EMS zone. Mr. Fennoy abstains. Voting No: Commissioner Commissioner ^Approve Ben Hasan, Brandon uommlsloner Fails.. Sean Frantom -Lommlssloner ualTett Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 5-4 -1. 33. Discuss the EMS service and how it is provided. (Requested by Item Commissioner Sammie Sias) Action: Approved B ltemApprovalsheet,htmt Motions Motion Motion;------ Motion Text Made By Seconded By'l'vpe "'--- -r ResultJI Motion to approve Approve receiving this item commissioner commissioner as information. Sammie Sias Brandon Garrett It was the consensus of the Commission that this item be received as information. 34. Motion to approve and accept a grant for the continuation of the Victims of Item Crime Act (VOCA) Grant with funding from the Criminal Justice Action: Coordinating Council of Georgia to provide services to crime victims from Approved october 1, 2019 through September 30, 2020, and authoize the Mayor to execute the necessary documents. ( B srant orooosal 20l9.pdf B Richmond SG VOCA 19 20 Allocefinn Lefter loot) nrtf lB ItemAoorovalsheet,html Motions Motion r{^4:^- T---1 r, r n Motion- - ---- Motion Text Made By Seconded BylYpe - ---- -r ResultJI Motion to commisioner commissionerApprove approve. ;::=:^'-:i:l :;:ii'l:l:"::"" passes Motion passes 9-0. S.un Frantom William Fennoy ENGINEERING SERVICES 35. Motion to approve the purchase of Caterpillar model D-8T WIVW GPS Item Dozer, bid item #19-266, from Yancey Brothers as the compliant bidder Action: with no exceptions. (No recommendation from Engineering Services Rescheduled Committee Octobe r 29, 2019't' IB 2019.08.16 Bid It€m 19-226 Wastr Hendler Dozer - Award Memo.pdf B 19-226 Advertisem€nt to Paper.pdf E tg-z2o t.lr.oar B 19-226 Department Recommcndetion of Award,pdf E Mail-I,ist.ndf E Georsia Procurement Resistrv Vendor Summarv.odf E ItemAoorovalsheet.html Motions H,'J:" Motion Text Made By seconded By f;tjil Defer Motion to refer this commissioner commissioner passes item to the Marion BrandonAdministrative Williams Garrett Services Committee. Mr. Fennoy and Mr. Hasan out. Motion Passes 8-0. ADDENDUM 36. Approve attached documents related to the issuance of $21 million plus cost Item of issuance in bonds for the constructions of water and sewer projects at Fort Action: Gordon. Authorizing the Mayor and Clerk of Commission to sign and Approved execute the attached documents. E Series 2019 Bond Resolution 19 Aususta_W S 49823944 l.pDF B rpa.oar lB RegistrarAsmt pdf B ltemAoorovalsheet,html Motions Motion tt ,. m Made Seconded MotionMotion TextType By By Resutt Unanimous consent is given to add this item to the agenda. Motions Motion Motion Text Made By seconded MotionTYPe By Result A _--^-.^ Motion to approve. CommissionerApprove Motion passes l0-0. Sammie sias Passes 37. Move to approve the TIA Project List for the 2020 TIA public referendum. Item This list was approved at the TIA work sessions and by the Engineering Action: Committee on 29 October 2019. (Requested by Commissioner Sammie Approved Sias) B 2020_TtA Proiect Lisr.pdf lB ItemAoorovalsheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result Unanimous consent is given to add this item to the agenda. Motions |Iotion Motion Text Made By seconded By Motion Type rvrvrtvtr r var ^r^Ev! .-J Result Motion to approve with the changes to take $ 1,000,000,000 from the Lock and Dam (#l l) and ..^-*:^^:^- Commissioner Approve add $1,000,000,000 to il##,:Sj9ntt Brundon Passes Golden Camp Road Jammle )las Garrett Resurfacing (#59) and move it up to #33. Motion Passes 10-0. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 38. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings Item Action: None www.ausustasa.sov CALLED MEETING COMMISSION CHAMBER November 12,2019 Augusta Richmond County Commission convened at I l:00 a.m., Tuesday, November 12, 2019, the Honorable Sean Frantom, Mayor Pro Tem, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. ABSENT: Hon. Hardie Davis, Jr., Mayor. Mr. Frantom: All right, we're going to call this meeting to order. Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good morning, Mayor Pro Tem, Commissioners. We request a motion to go into executive session for real estate, pending and potential litigation as well as personnel. Mr. Hasan: So move. Mr. D. Williams: Second. Mr. Frantom: A motion and a second. Please vote. Mr. Garrett and Mr. M. Williams out. Motion carries 8-0. IEXECUTTVE SESSTON] Mr. Frantom: We'll call the meeting back to order. Attorney Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: We request a motion to execute the closed meeting affidavit. Mr. M. Williams: So move. Mr. Hasan: Second. Mr. Frantom: We've got a motion and second. please vote. Motion carries 10-0. Mr. Frantom: All right, I'd like to go to Attomey Brown for a motion. Mr. Brown: Yes. There are several motions that the Commission has requested that we place on the floor for consideration today. The first motion is a motion to approve that all issues regarding the Depot Project must be resolved by January 28, 2020 or Augusta, Georgia will withdraw from the Depot Project. Further, that the Administrator and the General Counsel shall lead the negotiations on behalf of Augusta to reach resolution. Mr. Frantom: Commissioner Sias. Mr. Sias: Motion to approve. Mr. Hasan: Second. Mr. Frantom: I've got a motion and a second. Please vote. Motion carries 10-0. Mr. Frantom: Attorney Brown for a motion. Mr. Brown: Motion to accept the appraisals dated November 7r 2019 prepared by Vaughn L. Maxwell, III for Old Clanton Road at a value of $120,000 and the proposed Clanton Road at a value of $1301000 for the purpose of property exchange. Mr. Frantom: Commissioner Hasan. Mr. Hasan: Motion to approve. Ms. Davis: Second. Mr. Frantom: Got a motion and a second. Mr. M. Williams: Got a question. Mr. Frantom: Commissioner Marion Williams. Mr. M. Williams: Yeah, is there any other residents on that road? I didn't ask that question in legal. Is that road - Mr. Frantom: Attorney Brown or Commissioner Hasan, can you answer that question? Mr. Hasan: Mr. Chairman, Commissioner Williams, the new Clanton, the new one that they built, that road, there is no residents on that portion of it, the part that they built. The previous portion coming off of Tobacco Road all the way to the railroad track, there was no residents there as well so I suspect, it might have had an address but there was no residents on either portion of those. Mr. M. Williams: I just know there's a couple of families named after the Clantons out there on Clanton Road and now we're talking about the new road and I just thought about that. Ijust wanted to make sure that we're not impacting somebody in a negative way. I've got no problem with the move, no problem with the switch. But I just thought about it. Now we need to make sure that we're not impacting someone who lives there for the benefit of this plan and I think it's a good move but there is some people on Clanton Road that lives out there I know. Mr. Frantom: Thank you, sir. Attorney Brown. Mr. Brown: The issue regarding closure of the presently designated Clanton Road is on the Engineering Services committee agenda and the vetting for closing that road will involve a specific investigation to make sure that that road is not in popular use and it does not negatively impact residents. So that will be vetted before the road is closed. Mr. M. Williams: What are we doing with this move though? Names, what? Mr. Brown: This is not a move. This is just to accept the appraised values of it, of the two properties which is required by state law. No action is taken today other than to accept the appraisals. Mr. M. Williams: I've got no problem. I just want to make sure that I'm dotting my I's and crossing my T's. Mr. Frantom: Yes, sir. I've got a motion and a second. Please vote. Motion carries 10-0. Mr. Frantom: Attorney Brown for a motion. Mr. Brown: Motion to approve settlement agreement and release of claims between Augusta, Georgia and the heirs of Velma Wright. Mr. M. Williams: So move. Ms. Davis: Second. Mr. Frantom: Got a motion and a second. Mr. Brown: The dollar amount that's in the agreement is $6,000. Mr. Frantom: Got a motion and second. The Clerk: I didn't get that, I'm sorry. Mr. Frantom: Marion Williams and Mary Davis. We've got a motion and second. Please vote. Motion carries 10-0. Mr. Frantom: Attorney Brown for a motion. Mr. Brown: Motion to approve a salary for James Hill in the amount of $1021800 and to authorize the Administrator to execute all necessary employment documents and letters. Mr. Frantom: Commissioner Bobby Williams. Mr. B. Williams: So move. Mr. Sias: Second. Mr. Frantom: Got a motion and a second. Mr. M. Williams: Question. Mr. Frantom: Commissioner, do you have a question? Mr. M. Williams: Yeah, ['ve got a question. Mr. Frantom: Commissioner Marion Williams. Mr. M. Williams: I'm not opposed to this, Mr. Mayor Pro Tem, but I guess my question is will we be setting a precedent by going and adding to this one now. We've got other employees who feels like their salary is not compensated the way it should be either. So are we looking at everybody's or are we just going to support this one today and that's just a question I need to know. Mr. Brown: This particular action, Commissioner, is to bring in line the salary of a director pursuant to an analysis done by the Administrator of all directors. So I think that would be the only person in class. Mr. M. Williams: Okay, on a person today but if you bring it in line and that's what I just heard you say, if you bring in line this one and I keep saying I'm not opposed but we've got to stay on the straight and narrow, now, we're going to do one, we've got others who are going to follow suit and I said this about it earlier that we open this door, be prepared to keep it open. I've got no problem. I mean I'm not going to support it but if that's what everybody does, it's going to open up a snowball effect. Mr. Brown: There should be no legal harm to the City of Augusta by providing equitable salary in this instance. Mr. M. Williams: Mr. Mayor Pro Tem, my afforney is talking about legal harm. I hadn't mentioned legal harm. I didn't say anything about anything legal. I'm just saying that we open up a door now. You know I didn't say there would legal harm. I didn't say there would be a lawsuit but there are going to be some other knocks on that same door and I don't blame them for that but I'm just putting it out there so we won't act as if we don't know that. Mr. Frantom: Thank you, sir. Commissioner Bobby Williams. Mr. B. Williams: I don't think we're opening up a door. I did ask Administrator Sims to take a look at the salaries for all of the directors and when I looked at the salaries, Mr. Hill was making nine to ten thousand dollars less than all the other directors which I thought was unfair so unless there's some other directors out there other than the ones that we had on the list. the door is closed. Mr. Frantom: Commissioner Clarke. Mr. Clarke: Okay, I got two things I'd like to say. First of all when we negotiate with someone for a job and they accept the salary and they agree to a salary, I think that there should be some kind oftime limit put in place at least a year or two years before that salary is renegotiated. Now the second thing that I'd like to request is for public record. Give the department that this is going to and the date of hire and the amount of the raise. Mr. Frantom: Commissioner Bobby Williams and we'll wrap it up. Mr. B. Williams: Okay the only problem I do have is that we just sat back there and talked about this for a whole hour and then we bring this out on the floor. It's easy. It's either vote it up, excuse me, just vote on it. Mr. Frantom: All right, we've got a motion and a second. Let's just go ahead and vote this up or down please. Voting. Ms. Davis, Mr. Garrett, Mr. M. Williams and Mr. Clarke vote No. Motion carries 6-4. Mr. Frantom: Attomey Brown, do we have any more motions? Mr. Brown: Yes. Motion to approve the execution of an agreement and general release of claims between Augusta, Georgia and Lonnie Wymberly which will be assigned and designated as Deputy Director in Environmental Services. He will remain at his same compensation, benefit and pay rate. He waives, he will not be a probationary employee and Mr. Wymberly will release and waive all claims that he may have against Augusta, Georgia. He is responsible for any attorney fees on his part and this agreement is entered into voluntarily. Mr. Frantom: Commissioner Dennis Williams. Mr. D. Williams: So move. Mr. Hasan: Second. Mr. Frantom: Got a motion and a second. Voting. Mr. M. Williams abstaining. Motion carries 9-1. Mr. Frantom: No further motions, Attomey Brown? Mr. Brown: No, sir. Mr. Frantom: Commissioner Bill Fennoy. Mr. Fennoy: Mr. Mayor Pro Tem, do you give points of personal privilege? Mr. Frantom: I guess I am right now, huh. Mr. Fennoy: You know when it comes to salaries and city employees, I'd like to think that we have the best of the best. I think that a lot of our departments in the City when you look at how they rate on the state level, how they rate on the national level, they represent the City of Augusta very well. I think that when we have people that are doing an outstanding job for the City and we don't properly compensate them for the job that they're doing, then we stand a good chance of losing those employees and we have to start that process all over again which I don't believe is cost effective to the City of Augusta. Every opportunity I have I brag about the greatness of the people that work for the City of Augusta and if we have employees that their salary is way below what employees are in similar situations are making then I will vote to properly compensate them especially because this is not the first time we have taken similar action. Mr. Frantom: Okay, that concludes this meeting. Committees. 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 Called Meeting of the Augusta Richmond County Commission held on November 12,2019. Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held on November 5, 2019 and Special Called Meetings held on November 5 and November 12, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA, GEORGIA BUDGET RESOLUTION FOR FISCAL YEAR 2020 A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 2020 FOR EACH FUND OF AUGUSTA, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AND ADOPTING THE ITEMS OF ANTICIPATED FUNDING SOURCES FOR 2020. WHEREAS, A proposed Budget for each of the various Funds of Augusta, Georgia has been presented to the Augusta, Georgia Commission and, WHEREAS, appropriate advertised public hearings have been held on the 2020 Proposed Budget as required by State and Local Laws and Regulations; and, WHEREAS, the Augusta, Georgia Commission has reviewed the Proposed Budget and has made certain amendments to Funding Sources and Appropriations; and, WHEREAS, the budget for each Fund includes Appropriations for Fiscal Year 2020 incorporates certain levels, assessments, fees and charges to finance these expenditures and lists the Anticipated Funding Sources; and, WHEREAS, each of the Funds has a balanced budget, such that Anticipated Funding Sources equal Proposed Expenditures; NOW, THEREFORE, BE IT RESOLVED that this Budget is hereby adopted specifying the Anticipated Funding Sources for each Fund and making Appropriations for Proposed expenditures to the Departments or Organizational Units named in each Fund as is more specifically shown and designated on Attachment "A" which is incorporated herein by reference and made a part of this Resolution. BE IT FURTHER RESOLVED that the Budget shall be amended so as to adapt to changing governmental needs during the fiscal year as follows, such amendments shall be reorganized as approved changes to this resolution in accordance with O.C.G.A. § 36-81-3(d): (1) Nothing contained in this Code section shall preclude a local government from amending its budget so as to adapt to changing governmental needs during the budget period. Amendments shall be made as follows, unless otherwise provided by charter or local law: (2) Any increase in Appropriations at the legal level of control of the local government, whether accomplished through a change in anticipated revenues in any fund or through a transfer of appropriations among departments, shall require the approval of the governing authority. Such amendments shall be adopted by ordinance or resolution. Adopted this day of , 2019 Hardie Davis Jr. As its Mayor Attest: Lena J. Bonner, Clerk of Commission Seal: Commission Meeting Agenda 11/19/2019 2:00 PM Approve fiscal year 2020 budget Department:Administrator Department:Administrator Caption:Approve FY 2020 budget for Augusta Georgia. Background:Local ordinance requires the budget for the upcoming fiscal year be adopted at the second commission meeting in November. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/19/2019 2:00 PM Linden Square Senior Citizens Housing Complex Department: Department: Caption:Discuss/receive information from HCD staff and related person (s) regarding the reported security concerns and living condition (s) at the Linden Square Senior Citizens Housing Complex (formerly constructed and owned by the 30901 Development Corporation). (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 11/19/2019 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: