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HomeMy WebLinkAbout2016-06-07-Meeting AgendaCommission Meeting Agenda Commission Chamber 6/7/2016 2:00 PM INVOCATION: Pastor David B. Hunter, Sr. Lutheran Church of the Resurrection. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A.Mr. Mike Samadi regarding property located at 4013 Belair Rd., Augusta 30909. Attachments CONSENT AGENDA (Items 1-24) PUBLIC SERVICES 1.Motion to approve New Application: A.N. 16-22: request by Steven B. Ellison for a wholesale Beer License to be used in connection with Savannah River Brewing Company, LLC located at 813 Fifth Street. District 1. Super District 9. (Approved by Public Services Committee May 31, 2016) Attachments 2.Motion to approve New Ownership Application: A. N. 16-23: request by Charles R. Hardin for an on premise consumption Liquor, Beer & Wine License to be used in connection with Olde Town Innterprizes d/b/a/ Foxes Lair located at 349 Telfair Street. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee May 31, 2016) Attachments ADMINISTRATIVE SERVICES 3.Motion to approve amending the schedule for 2016 strategic workshop. (Approved by Administrative Services Committee May 31, 2016) Attachments PUBLIC SAFETY 4.Motion to approve entering into a Mutual Aid Agreement with the City of North Augusta to provide for the protection of life and property of the citizens of Augusta-Richmond County, Georgia and North Augusta and to authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee May 31, 2016) Attachments 5.Motion to approve the renewal of Superior Court's case manager service agreement. (Approved by Public Safety Committee May 31, 2016) Attachments 6.Motion to approve acceptance of Criminal Justice Coordinating Council 2017 Grant Award for the Accountability Court DUI court program. (Approved by Public Safety Committee May 31, 2016) Attachments 7.Motion to approve acceptance of 2017 Criminal Justice Coordinating Council grant award. (Approved by Public Safety Committee May 31, 2016) Attachments FINANCE 8.Motion to approve award of RFP #16-128 for Financial Advisor for debt issuance and economic development project evaluation to Davenport & Company. Authorize the Mayor and Clerk of Commission to execute contract for professional services.(Approved by Finance Committee May 31, 2016) Attachments 9.Motion to approve establishing a subcommittee to analyze, review and report back to the Commission on establishing a “South Augusta Development Authority”. (Approved by Finance Committee May 31, 2016) Attachments ENGINEERING SERVICES 10.Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-150-00-0) 2027 Leona Street. (Approved by Engineering Services Committee May 31, 2016) Attachments 11.Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-139-00-0) 2049 Leona Street. (Approved by Engineering Services Committee May 31, 2016) Attachments 12.Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-146-00-0) 2035 Leona Street. (Approved by Engineering Services Committee May 31, 2016) Attachments 13.Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-166-00-0) 2028 Leona Street. (Approved by Engineering Services Committee May 31, 2016) Attachments 14.Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-166-00-0) 2022 Walnut Street. (Approved by Engineering Services Committee May 31, 2016) Attachments 15.Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 193-0-075-00-0) 2554 A Patterson Bridge Road. (Approved by Engineering Services Committee May 31, 2016) Attachments 16.Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Barton Chapel Road at Gordon Highway Improvements Project (PI #0012868) as requested by AED. (Approved by Engineering Services Committee May 31, 2016) Attachments 17.Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Attachments Departments for Haynes Station, Phase IV. (Approved by Engineering Services Committee May 31, 2016) 18.Motion to approve funding for Engineering Consultant Services Supplemental Agreement Four to URS Corporation (now merged with AECOM) in the amount of $169,200.00 for the Advanced Transportation Management System (ATMS) Master Plan Project as requested by the AED. (Approved by Engineering Services Committee May 31, 2016) Attachments 19.Motion approve Memorandum of Understanding (MOU) between Augusta, Georgia and the Richmond County Board of Health (RCBOH) to provide inspection and mosquito control services for the City’s detention/retention ponds and ditches as requested by AED. (Approved by Engineering Services Committee May 31, 2016) Attachments 20.Motion approve the continued funding of the current On-Call Construction Management, Construction Inspection and Field Engineering (CM_CI_FE) Services contract in the amount of $516,000. Funding is available in Transportation Investment Act (TIA) Projects Funds, SPLOST VI, and TIA Discretionary Funds as requested by AED. (Approved by Engineering Services Committee May 31, 2016) Attachments 21.Motion to approve Traffic Engineering’s purchase of thermoplastic striping material. (Approved by Engineering Services Committee May 31, 2016) Attachments 22.Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Wheeler Road at Robert C. Daniel Parkway Intersection Improvements Project (PI #0012866) as requested by AED. (Approved by Engineering Services Committee May 31, 2016) Attachments 23.Motion to approve award of Bid #16-166 for the construction of Windsor Spring Road Sanitary Sewer Extension Project to Blair Construction, Inc. (Approved by Engineering Services Committee May 31, 2016) Attachments PETITIONS AND COMMUNICATIONS 24.Motion to approve the minutes of the regular meeting of the Commission held May 17, 2016 and Special Called Meeting held May 31, 2016. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 6/7/2016 AUGUSTA COMMISSION REGULAR AGENDA 6/7/2016 (Items 25-28) ADMINISTRATIVE SERVICES 25.Consider award of RFP 16-123 Consulting Services for Classification & Compensation Study. (No recommendation from Administrative Services Committee May 31, 2016) Attachments 26.Motion to adopt a Fair Chance Hiring Initiative otherwise referred to as “Ban the Box” policy for Augusta-Richmond County, and direct staff to put together any required changes to Augusta's Personnel Policies and Procedure Manual to effectuate the Fair Chance Hiring Initiative by the next Commission meeting. (Requested by Mayor Hardie Davis, Jr.) Attachments FINANCE 27.Consider a request from COFO Properties LLC regarding the waiving of penalty, interest and other fees from property taxes for COFO Properties LLC located at 2205 Southgate Drive, Augusta, Ga. (No recommendation Finance Committee May 31, 2016) Attachments Upcoming Meetings www.augustaga.gov LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 28.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 6/7/2016 2:00 PM Invocation Department: Department: Caption: Pastor David B. Hunter, Sr. Lutheran Church of the Resurrection. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Mike Samadi Department: Department: Caption:Mr. Mike Samadi regarding property located at 4013 Belair Rd., Augusta 30909. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Application: A.N. 16-22: request by Steven B. Ellison for a wholesale Beer License to be used in connection with Savannah River Brewing Company, LLC located at 813 Fifth Street. District 1. Super District 9. (Approved by Public Services Committee May 31, 2016) Background:This is a New Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $665.00 Alternatives: Recommendation:The Planning & Development Department recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 16-23: request by Charles R. Hardin for an on premise consumption Liquor, Beer & Wine License to be used in connection with Olde Town Innterprizes d/b/a/ Foxes Lair located at 349 Telfair Street. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee May 31, 2016) Background:This is a New Ownership Application. Formerly in the name of Carol A. Ayer. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,505.00. Alternatives: Recommendation:The Planning & Development Department recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM 2016 Strategic Workshops Department:Administrator Department:Administrator Caption:Motion to approve amending the schedule for 2016 strategic workshop. (Approved by Administrative Services Committee May 31, 2016) Background:On April 19, the Commission held a strategic workshop on Planning and Zoning principles, and on May 4, one on the Parks Master Plan. The next workshop, on Capital Improvements Planning and a Transparency and Accountability update, is currently schedule for Wednesday, June 8. The Commission asked the Administrator to plan a strategic workshop on vacant lot cleanups and abandoned building demolitions. Analysis:It is proposed to schedule the workshop on vacant lots and abandoned buildings on Wednesday June 30, from Noon to 2 pm, ahead of the regular Commission meeting on that date; and to move the workshop on Capital Improvements Planning from June 8 to Tuesday, June 7, also from Noon to 2 pm. Financial Impact:N/A Alternatives:N/A Recommendation:Approve the amendment to the 2016 strategic workshop schedule, adding a workshop on vacant lots and abandoned buildings on Tuesday, July 5, from Noon to 2 pm; and for Capital Improvements Planning on Tuesday, June 7, from Noon to 2 pm. Funds are Available in the Following Accounts: N/A Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Approve Mutual Aid Agreement with North Augusta Department:Fire Department:Fire Caption:Motion to approve entering into a Mutual Aid Agreement with the City of North Augusta to provide for the protection of life and property of the citizens of Augusta-Richmond County, Georgia and North Augusta and to authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee May 31, 2016) Background:This agreement is to provide for assistance when disasters occur to the magnitude which would necessitate the combined effort of both agencies to mitigate said disaster(s) and is applicable to all areas within the boundary of North Augusta, as well as all areas within Augusta Richmond County, Georgia Analysis: Financial Impact: Alternatives:None at this time Recommendation:: Approve a Mutual Aid Agreement with the City of North Augusta to provide for the protection of life and property of the citizens of Augusta-Richmond County, Georgia and North Augusta and to authorize the Mayor to execute the appropriate documents. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Motion to Approve Renewal of Accountability Court Case Manager Service Agreement Department:Superior Court Department:Superior Court Caption:Motion to approve the renewal of Superior Court's case manager service agreement. (Approved by Public Safety Committee May 31, 2016) Background:The Accountability Courts' case manager is responsible for assisting the Coordinator with the day-to-day operations of Superior Court's Drug, Mental Health, and Veterans Courts. The case manager is responsible for participant intake interviews, outreach to providers, data entry, and all other duties contained within the attached agreement, as deemed necessary by the Coordinator. A current state grant pays for a majority of this position's expenses. Analysis: Financial Impact:Contractor would be paid mostly from state grant funds (90%), with the remaining 10% match coming from Drug Court Participant fees and the salary the we pay our Accountabily Courts Coordinator. Alternatives: Recommendation:Approve Funds are Available in the Following Accounts: State Adult Felony Drug Court Grant (Grant # J168004); Org Key 220022621 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo AUGUSTA JUDICIAL CIRCUIT/BURKE COUNTY, COLUMBIA COUNTY, AND RICHMOND COUNTY GEORGIA Augusta Judicial Circuit Accountability Courts James H. Ruffin, Jr. Courthouse 735 James Brown Blvd., Suite 2200 Augusta, GA 30901 James G. Blanchard, Jr. SUPERIOR COURT JUDGE Elaina Ashley, Coordinator (706) 823-4424 AGREEMENT THIS AGREEMENT is effective as of the _1st_ day of _July_, 2016, by and between AUGUSTA- RICHMOND COUNTY, a political subdivision of the State of Georgia, acting by and through its governing authority, the Augusta-Richmond County Board of Commissioners (“County”) in conjunction with the Augusta Judicial Circuit Accountability Courts (Adult Felony Drug, Mental Health, and Veterans Treatment Courts) and Minh Le Pecinkas (herein “Contractor”), collectively referred to as the “Parties.” This Agreement constitutes the entire understanding between Augusta Judicial Circuit Accountability Courts and Minh Le Pecinkas for the services of Case Management and shall not be modified or altered in any way without the express written agreement of all parties. WITNESSETH THAT: WHEREAS, the County and the Augusta Judicial Circuit Accountability Courts desire to obtain a Contractor to provide services generally described as Case Management Services (the “Work”); and WHEREAS, the County finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Contractor has represented that s/he is qualified by training and experience to perform the Work; and, WHEREAS, the Contractor has agreed to provide such services as outlined in this agreement; and, WHEREAS, the public interest will be served by this Agreement; and, NOW, THEREFORE, the Parties hereby do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Project Description The project is described as Case Management Services. B. The Work The Work to be completed under this Agreement (the “Work”) consists of the following: The Contractor shall perform the following services for those adult offenders referred to the Augusta Judicial Circuit Accountability Courts (referred to herein as “Superior Court” or “Court”). a. Case Management Services. The Contractor shall provide the following services: Monitor participants placed in the Accountability Courts by Superior Court, and advises participants of program requirements/conditions; conducts visual observations for participants, confirms participant’s residences, employment or other situations. 1. Case management planning follows individuals from assessment and systematically addresses core risk factors associated with treatment as well as link participants with the appropriate level of treatment deemed necessary. 2. Contractor collects urine/saliva samples specific to drug testing, administers drug tests, and reports results to the Accountability Courts Coordinator. 3. Contractor will report violations or cases of compliance/non-compliance to the court, establish, update, manage (research and update records as needed) case files, and enter case information into computerized case management system. 4. Contractor must attend court sessions and other relevant hearings, testify at court hearings regarding violations, policies, procedures or other issues. 5. Contractor connects participants to ancillary services and assists with programmatic needs. 6. Contractor will submit summaries regarding participant progress to the Accountability Courts Coordinator by specified deadlines. b. Communication. The Contractor shall utilize the Accountability Court Coordinator as the Centralized Clearinghouse of Information/Communications. a. The Contractor shall deliver weekly written participant reports to the Coordinator. 1. Participant reports shall consist of general details as to the participants who received case management services for the week, their compliance and/or non-compliance with case management requests, and their program status. A reporting form will be provided by the Superior Court. a. The Contractor shall meet weekly (and/or at such dates/times deemed necessary by the Coordinator and/or Contractor) with the Coordinator so that there may be a "briefing" (or information gathering session) as to the participants who received (and/or are to receive) treatment services for that week. b. In the event that the Contractor determines that a participant needs case management/ancillary services, the Contractor shall provide case management referrals for ancillary services to the participant with notification given to the Coordinator. c. Trainings and Court Sessions. The Contractor will not charge the Court for attendance of its personnel at any count-sanctioned trainings, conferences, programs, or court sessions. Such attendance is covered by the overall scope of services of treatment. C. Schedule, Completion Date, and Term of Agreement Contractor warrants and represents that it will perform its services in a prompt and timely manner, which shall not impose delays on the progress of the Work. This Agreement shall, after signature of both parties, begin on July 1, 2016 and end on June 30, 2017. In the event of termination of this Agreement by Contractor or by the Circuit, the Contractor shall be entitled to receive payment only for work actually performed prior to termination. II. WORK CHANGES A. The Circuit reserves the right to order changes in the Work to be performed under exhibit “A” by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the Circuit. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. The parties will negotiate to reach an agreement. If an agreement cannot be reached, the original contract scope of work stands. B. Any Work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the County and the Contractor. C. The Superior Court Judge assigned to the Accountability Courts, or his/her designee, has authority to execute without further action of the Augusta Judicial Circuit, any change orders to be agreed upon by the Contractor as stated above so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement, as set forth in Section III below. III. COMPENSATION AND METHOD OF PAYMENT A. Case Management Services The Contractor shall be compensated in the amount of $17.43 per hour, with maximum compensation not to exceed $1,307.25 bi-monthly or $34,000.00 annually. The contractor shall work no more than 37.5 hours per week. The contractor must meet all job description requirements listed in this document. Compensation is specifically for case management services provided for the Accountability Courts Programs. B. Prompt Payment Act The terms of this agreement supersede any and all provisions of the Georgia Prompt Payment Act. IV. COVENANT OF CONTRACTOR A. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the county, recognizing that the Circuit’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. B. Circuit's Reliance on the Work The Contractor acknowledges and agrees that the Circuit does not undertake to approve or pass upon matters of expertise of the Contractor and, therefore, the Circuit bears no responsibility for Contractor’s services performed under this Agreement. C. Assignment of Agreement The Contractor agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without prior express, written consent of the Circuit. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the Circuit shall have no obligation to them. D. Responsibility of Contractor and Indemnification of Circuit The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the Circuit, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the Circuit or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision 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 workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the Circuit, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. F. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the Circuit or the County. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement Any provisions of this Agreement that may appear to give the Circuit the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the Circuit with regard to the results of such services only. G. Records and Reports (1) Records: (a.) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the Circuit with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from 'the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b.) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the Circuit any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the Circuit. H. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the Richmond County Code of Ethics. I. Confidentiality Contractor acknowledges that it may receive confidential information of the Circuit and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the Circuit. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of Circuit information whether specifically deemed confidential or not. (1) The Contractor shall not disclose to anyone or any entity other than the designated Court Staff or other court-approved individuals, any description or information concerning the work produced as a result of this AGREEMENT without written permission of the Superior Court. (2) The Contractor acknowledges that in receiving, storing, processing, sharing, or otherwise using or dealing with any treatment information, the Contractor is bound by all Federal and State laws and regulations that govern and guarantee the treatment rights of individuals receiving substance abuse treatment services. (3) The Contractor shall comply with all confidentiality laws and shall be familiar with the following monograph: Federal Confidentiality Laws and how they affect Mental Health/Drug Court Practitioners, National Mental Health/Drug Court Institute (1999). (4) The Contractor shall comply with all HIPAA and related laws and regulations dealing with releasing and sharing and medical and health care information. The Contactor shall ensure that it and its employees and agents use and disclose "Protected Health Information" of patients (as defined in the Health Insurance Portability and Accountability Act ("HIPAA") privacy roles at 45 C.F.R. § 164.501, et seq.) that The Contractor receives pursuant to this Agreement only to the extent necessary: (i) to perform its specific obligations under this Agreement; and (ii) for its own management and administration and to carry out its legal responsibilities in compliance with 45 C.P.R.§ 164.504(e)(2)(i)(A), (e)(4), and all other current or future applicable laws or regulations. Nothing in this Agreement shall be deemed to authorize The Contractor to use or disclose Protected Health Information in violation of any applicable law or regulation, including but n t limited to HIPAA privacy rules at 45 C.F.R § 164.501, et seq. (5) The Contractor shall obtain appropriate releases/waivers before releasing a participant's treatment information. (6) The Contractor shall make every effort to ensure that confidentiality of participant's identity and information is maintained, inclusive of but not limited to ensuring that the treatment location is secure (and not within the hearing range of outsiders), as well as educating participants about the confidentiality of group/individual treatment sessions. (7) The Contractor shall maintain confidentiality of the Accountability Courts participants separate from information on participants in any of its other programs at all times, regardless of relationship or family involvement among these participants. All confidentiality laws related to obtaining appropriate releases/waivers shall be followed by all concerned parties should information need to be disclosed for treatment purposes. V. TERMINATION A. The Circuit shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. The Contractor shall have the same right to terminate this Agreement. B. The Circuit shall also have the right to terminate this Agreement or any services noted herein for cause or other performance defect with thirty (30) days written notice to the Contractor. The Circuit shall also have the right to terminate this Agreement or any services noted herein without cause should budget and/or grant funds not be available. C. Upon termination, Circuit shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination date. D. Upon termination, the Contractor shall promptly discontinue all services affected, unless the notice directs otherwise. E. The rights and remedies of the Circuit and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VI. NO PERSONAL LIABILITY No member, official or employee of the County shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the County or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise) Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the County, respectively, and not against any employee, officer, director, or elected or appointed official. VII. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. VIII. WAIVER OF AGREEMENT The County's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. IX. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the County's sovereign immunity or any individual's qualified good faith or official immunities. [THIS SPACE INTENTIONAL LEFT BLANK] IN WITNESS WHEREOF the County and the Contractor have executed this Agreement effective as of the dare the Chairman executes this Agreement on behalf of the County. CONTRACTOR By: Its: [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: RICHMOND COUNTY By: Its: [COUNTY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Commission Meeting Agenda 6/7/2016 2:00 PM State Court Accountability Court 2017 Grant Approval Department:State Court Department:State Court Caption:Motion to approve acceptance of Criminal Justice Coordinating Council 2017 Grant Award for the Accountability Court DUI court program. (Approved by Public Safety Committee May 31, 2016) Background:The State Court of Richmond County operates a DUI Court program for individuals charged with their 2nd or more DUI offense. This program allows these individuals to enter into an alternative court program where they are able to receive substance abuse treatment, randomly and routinely screened for alcohol and drugs and to work with a team to assist them in their addiction recovery. Analysis:Original requested was for $145K and the award received was for $99,283. Financial Impact:These grant funds assist with the operations of DUI court with the 10% match coming from DUI court participant fees. Alternatives:None Recommendation:Approve Funds are Available in the Following Accounts: Funds are available in the Richmond County State Court DUI court budget. REVIEWED AND APPROVED BY: Finance. Cover Memo Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM State Court Veterans Court 2017 Grant Award Department:State Court Department:State Court Caption:Motion to approve acceptance of 2017 Criminal Justice Coordinating Council grant award. (Approved by Public Safety Committee May 31, 2016) Background:The State Court of Richmond County operates a Veterans Treatment Court for veterans charges with alcohol and/or drug related offenses. This court allows these individuals to be in a structured environment receiving treatment for substance abuse as well as other service related issues and randomly and routinely tested for alcohol and illegal drugs. These veterans are given a support system to help with their addictive behaviors. Analysis:Original request was $71K and the award received is $23,056. Financial Impact:This grant award assist with the daily operations of Veterans Court with the 10% match coming from the Veterans court participant's fees. Alternatives:None Recommendation:Approve Funds are Available in the Following Accounts: Funds are available through the State Court DUI court budget. REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Financial advisor services for debt issuance and economic development project evaluation Department:Finance Department:Finance Caption:Motion to approve award of RFP #16-128 for Financial Advisor for debt issuance and economic development project evaluation to Davenport & Company. Authorize the Mayor and Clerk of Commission to execute contract for professional services. (Approved by Finance Committee May 31, 2016) Background:A financial advisor represents the issuer in the sale of bonds, and unlike other professionals involved in a bond sale, has an explicit fiduciary duty to the issuer per the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Augusta has used the services of Public Finance Management (PFM) as financial advisor from 2005 to 2015. As a result of 2010 Dodd- Frank Act, in 2014 the Securities and Exchange Commission (SEC) and the Municipal Securities Rulemaking Board (MSRB) implemented new standards regarding Financial Advisors. It was determined that after the issuance of the Airport revenue bonds in 2015 it would be in Augusta’s best interest to issue an RFP for Financial Advisor Services. Analysis:Augusta received four responses to the RFP that were deemed compliant. After committee review a short list of two firms was developed. The firm’s PFM and Davenport & Company were scheduled to make oral presentation. After the presentations, Davenport & Company was chosen by the committee as the firm to recommend for appointment as Financial Advisor Financial Impact:Annual retainer of $20,000. Additional fees will be charged for services provided with bond issuance. Alternatives:1. Select other firm 2. Reject all and reissue RFP Recommendation:Appoint recommended firm. Cover Memo Funds are Available in the Following Accounts: annual retainer 101-01-5120/5211110. Bond issuance fees will be paid from bond proceeds. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Evaluation Criteria PTS THE PFM GROUP 600 PEACHTREE STREET, STE 3770 ATLANTA, GA 30308 DAVENPORT & COMPANY ONE JAMES CENTER 901 EAST CARY STREET, SUITE 1100 RICHMOND, VA 23219 FIRST SOUTHWEST 1201 ELM STREET, SUITE 3500 DALLAS, TX 75270 FIRST TRYON ADVISORS 1355 GREENWOOD CLIFF, SUITE 400 CHARLOTTE, NC 28204 A. Package submitted by the deadline Pass/ Fail Pass Pass Pass Pass B. Package is complete - included all information required in RFP 16-128 Pass/ Fail Pass Pass Pass Pass 1. Financial Advisory Methodology 40 37 36 29 31 2. Expertis of Assigned Personnel 30 26 28 22 24 3. Firms Reference and Capacity to Serve 20 19 18 15 14 Total 90 82 81 67 69 5. Perposed Fee (sent in a separate sealed envelope) * Maximum Fee Used • Lowest Fee 10 points • Second 8 points • Third 6 points • Fourth 4 points • Fifth 2 points 10 10 6 4 8 TOTAL PHASE I 100 92 87 71 77 2 2 Proposer’s Overall Ability to Provide the Services (Total of 100 pts) Second Round Elimination Cumulative Evaluation Sheet RFP Item #16-128 Financial Advisory Services for Debt Issuance and Economic Development Project Evaluation for Augusta, Georgia - Finance Department Thursday, March 17, 2016 @ 1:00 p.m. Cost / Fee Consideration (Total Points 10) Comments:* Maximum fee utilized pending detail review of the fees for item 5 proposed fee. Evaluation Committee Comments: During Phase I The PFM Group and Davenport & Co. were both shortlisted and invited to participate in Phase II of the evaluation process. During Phase II of the evaluation process, each company was ranked on their presentation by the committee members with their number 1 choice receiving a 1. Submittal & Quality of RFP (MUST PASS FOR CONTINUED CONSIDERATION) First Round Elimination Cumulative Phase II - Presentations (Ranking in order of preference - 1 being the number one choice) VENDOR PRESENTATION - PHASE II VENDORS Attachment "B" E-Verify # Addendum #1-2 SAVE Form Original 7 Copies Fee Proposal THE PFM GROUP 600 PEACHTREE STREET, STE 3770 ATLANTA, GA 30308 Yes 52252 Yes Yes Yes Yes Yes DAVENPORT & COMPANY ONE JAMES CENTER 901 EAST CARY STREET, SUITE 1100 RICHMOND, VA 23219 Yes 482690 Yes Yes Yes Yes Yes FIRST SOUTHWEST 1201 ELM STREET, SUITE 3500 DALLAS, TX 75270 Yes 43808 Yes Yes Yes Yes Yes FIRST TRYON ADVISORS 1355 GREENWOOD CLIFF, SUITE 400 CHARLOTTE, NC 28204 Yes 384709 Yes Yes Yes Yes Yes COMER CAPITAL GROUP, LLC 1880 LAKELAND DRIVE JACKSON, MS 39216 Proposal Opening RFP Item #16-128 Financial Advisory Services for Debt Issuance and Economic Development Project Evaluation for Augusta, Georgia - Finance Department RFP Due: Friday, February 19, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 32 Total Number Specifications Download (Demandstar): 15 Total Electronic Notifications (Demandstar): 306 Mandatory Pre-Proposal/Telephone Conference Attendees: 5 Total packages submitted: 5 Total Noncompliant: 4 Did not attend the Mandatory Pre-Proposal Vendor did not respond: ROCK FLEET FINANCIAL SERVICES / 244 5TH AVENUE, SUITE R254 / NEW YORK, NY 10001 Page 1 of 1 Page 1 of 11 DRAFT AGREEMENT FOR PROFESSIONAL SERVICES AUGUSTA, GEORGIA PROJECT NO. 16-128 THIS AGREEMENT made as of this ____day of _____, 20___, (hereinafter called the “execution date”) by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), and Davenport & Company, LLC, a foreign limited liability company organized and existing under the laws of the State of Virginia, (hereinafter referred to as “Contractor”), shall constitute the terms and conditions under which the Contractor shall provide Financial Advisory Service for Augusta, Georgia.. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein set forth, Augusta and the Contractor hereby agree as follows: ARTICLE I. CONTRACT TERM As required by O.C.G.A §36-60-13, this Contract shall (i) terminate without further obligation on the part of Augusta each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Contract; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Contract; and (iii) terminate absolutely on May 31, 2019, unless extended by Change Order adopted and approved by the Augusta, Georgia Governing Authority and the Contractor in accordance with the terms of this Contract. This Contract may be extended for two (2) one (1) year terms by written agreement. ARTICLE II. PAYMENT As full payment for the faithful performance of this Contract, Augusta shall pay the Contractor as defined in the Contractor’s Cost Proposal, attached hereto as Attachment A, unless changed by written Change Order in accordance with the terms of this Contract. The term “Change Order” includes the term “amendment” and shall mean a written order authorizing a change in the Work, and an adjustment in Contract Price to Contractor or the Contract Term, as adopted and approved by the Contractor and the Augusta Governing Authority, or the Administrator, if exempted from Governing Authority adoption and approval in accordance with the express terms of this Contract. The Augusta’s Administrator or his/her designee shall have authority to approve all change orders to contracts, provided the total change order amount is less than $20,000.00. If the original contract or purchase order price does not exceed $100,000.00, but the Change Order will make the total price of the contract exceed $100,000.00, then the change order requires approval Page 2 of 11 by official action of the Governing Authority. Change Orders to contracts that did not require official action of the Governing Authority upon the original execution thereof and which amend the scope of work, term, time, and/or total cost not exceeding $100,000 may be approved by the Administrator or his/her designees in the same manner as the original contract. Amounts paid to the Contractor shall comply with and not exceed Attachment A, the Contractor’s Cost Proposal, consisting of one (1) page attached hereto and incorporated herein by reference. Payment is to be made no later than thirty (30) days after submittal of undisputed invoice. Invoice(s) must be submitted as follows: A. Original invoice(s) must be submitted to: AUGUSTA, GEORGIA ATTN: DIRECTOR FINANCE DEPARTMENT 535 TELFAIR STREET, SUITE 800 AUGUSTA GA 30909 ARTICLE III. SCOPE OF WORK The Contractor agrees to provide Financial Advisory Service in accordance with Augusta’s Request for Proposal (RFP) No. 16-128 for Financial Advisory Services, attached hereto as Appendix I and incorporated herein by reference, and the Contractor’s response thereto, attached hereto as Appendix II and incorporated herein by reference. The Contractor’s services shall include all things, personnel, and materials necessary to accomplish specific projects authorized by Augusta. ARTICLE IV. GENERAL CONDITIONS A. Accuracy of Work. The Contractor shall be responsible for the accuracy of the Work and any error and/or omission made by the Contractor in any phase of the Work under this Agreement. B. Additional Work. Augusta shall in no way be held liable for any work performed under this section which has not first been approved in writing by Augusta in the manner required by applicable law and/or the terms of this Contract. Augusta may at any time order changes within the scope of the Work without invalidating the Contract upon seven (7) days written notice to the Contractor. The Contractor shall proceed with the performance of any changes in the Work so ordered by Augusta unless such change entitles the Contractor to a change in Contract Price, and/or Contract Term, in which event the Contractor shall give Augusta written notice thereof within fifteen (15) days after the receipt of the ordered change, and the Contractor shall not execute such changes until it receives an executed Change Order from Augusta. No extra cost or extension of time shall be allowed unless approved by the Augusta and authorized by execution of a Change Order. The Page 3 of 11 parties’ execution of any Change Order constitutes a final settlement of all matters relating to the change in the Work which is the subject of the Change Order. Augusta shall not be liable for payment for any work performed under this section which has not first been approved in writing by Augusta in the manner required by applicable law and/or the terms of this Contract. C. Ownership of Documents. All documents, including drawings, estimates, specifications, and data are and remain the property of Augusta. The Contractor agrees that Augusta may reuse any and all plans, specifications, drawings, estimates, or any other data or documents described herein in its sole discretion without first obtaining permission of the Contractor and without any payment of any monies to the Contractor therefore. However, any reuse of the documents by Augusta on a different site shall be at its risk and the Contractor shall have no liability where such documents are reused. D. Successors and Assigns. The Contractor agrees it shall not sublet, assign, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous written consent of Augusta. If the Augusta consents to any such assignment or transfer, then the Contractor binds itself, its partners, successors and assigns to all covenants of this Contract. Nothing contained in this Contract shall create, nor be interpreted to create privity, or any other relationship whatsoever, between Augusta and any person, or entity or than Contractor E. Reviews and Acceptance. Work performed by the Contractor shall be subject to review and acceptance in stages as required by Augusta. Acceptance shall not relieve the Contractor of its professional obligation to correct, at his own expense, any errors in the Work. F. Termination of Agreement. The Contractor understands and agrees that the date of the beginning of Work, rate of progress, and time for completion of the Work are essential conditions of this Contract. Augusta may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of Augusta, elect to terminate the Contract by delivering to the Contractor, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to Contractor at least thirty (30) days prior to the effective date of termination. If Contractor’s services are terminated by Augusta, the termination will not affect any rights or remedies of Augusta then existing or which may thereafter accrue against Contractor or its surety. In case of termination of this Contract before completion of the Work, Contractor will be paid only for the portion of the Work satisfactorily performed through the effective date of termination as determined by Augusta. Neither party shall be entitled to recover lost profits, special, consequential or punitive damages, attorney’s fees or costs from the other party to this Contract for any reason whatsoever. This Contract shall not be deemed to provide any third-party with any remedy, claim, right of action, or other right. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of Page 4 of 11 this Contract. G. Indemnification Agreement. The Contractor shall be responsible from the execution date or from the time of the beginning of the Work, whichever shall be the earlier, for all injury or damage of any kind resulting from the Work, to persons or property, including employees and property of Augusta. The Contractor shall exonerate, indemnify, and save harmless Augusta, its elected officials, officers, employees, agents and servants, hereinafter collectively referred to in this Section as the “Augusta Indemnitees,” from and against all claims or actions based upon or arising out of any damage or injury (including without limitation any injury or death to persons and any damage to property) caused by or sustained in connection with the performance of this Contract or by conditions created thereby or arising out of or any way connected with Work performed under this Contract, as well as all expenses incidental to the defense of any such claims, litigation, and actions. Furthermore, Contractor shall assume and pay for, without cost to Augusta Indemnitees, the defense of any and all claims, litigation, and actions suffered through any act or omission of the Contractor, or any Subcontractor, or anyone directly or indirectly employed by or under the supervision of any of them. Notwithstanding any language or provision in this Contract, Contractor shall not be required to indemnify any Augusta Indemnitee against claims, actions, or expenses based upon or arising out of Augusta Indemnitee’s sole negligence. As between Augusta Indemnitees and the Contractor as the other party, the Contractor shall assume responsibility and liability for any damage, loss, or injury, including death, of any kind or nature whatever to person or property, resulting from any kind of claim made by Contractor’s employees, agents, vendors, Suppliers or Subcontractors caused by or resulting from the performance of Work under this Contract, or caused by or resulting from any error, omission, or the negligent or intentional act of the Contractor, vendors, Suppliers, or Subcontractors, or any of their officers, agents, servants, or employees. The Contractor shall defend, indemnify, and hold harmless Augusta Indemnitees from and against any and all claims, loss, damage, charge, or expense to which they or any of them may be put or subjected by reason of any such damage, loss, or injury. The Contractor expressly agrees to provide a full and complete defense against any claims brought or actions filed against Augusta Indemnitees, where such claim or action involves, in whole or in part, the subject of the indemnity contained in this Contract, whether such claims or actions are rightfully or wrongfully brought or filed. Augusta has the sole discretion to choose the counsel who will provide the defense. No provision of this Contract and nothing herein shall be construed as creating any individual or personal liability on the part of any elected official, officer, employee, agent or servant of Augusta, nor shall the Contract be construed as giving any rights or benefits hereunder to anyone other than the parties to this Contract. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. H. Insurance. Prior to commencing work, Contractor shall, at its sole expense, procure and maintain Page 5 of 11 insurance of the types and in the amounts described below from insurer(s) authorized to transact business in the state where the work or operations will be performed by Contractor. Such insurance shall be placed with admitted insurers that maintain an A.M. Best's rating of not less than “A“ (Excellent) with a Financial Size Category of VII or better with coverage forms acceptable to Contractor. The insurance described below shall be maintained uninterrupted for the duration of the project, including any warranty periods, and shall protect Contractor, and others as required by contract, for liabilities in connection with work performed by or on behalf of Contractor, its agents, representatives, employees or Contractors. 1) Certificates of Insurance in companies doing business in Georgia and acceptable to the Augusta covering: a) Statutory Workers’ Compensation Insurance, or proof that Contractor is not required to provide such coverage under State law; b) Professional Liability Insurance on the Contractor’s services in this Agreement with limit of $1,000,000; c) Commercial General Liability Insurance covering all operations with combined single limit of $1,000,000; d) Comprehensive Automobile Liability Insurance with form coverage for all owned, non-owned and hired vehicles with combined single limit of $500,000; e) Umbrella or Excess Insurance is acceptable to meet the minimum limits whenever there is an insurer licensed to do business in Georgia which is providing at least the first $100,000 of primary coverage; and 2) Certificates of Insurance must be executed in accordance with the following provisions: a) Certificates to contain policy number, policy limits, and policy expiration date of all policies issued in accordance with this Agreement; b) Certificates to contain the location and operations to which the insurance applies; c) Certificates to contain Contractor’s protective coverage for any subcontractor’s operations; d) Certificates to contain Contractor’s contractual liability insurance coverage; e) Certificates are to be issued to: AUGUSTA, GEORIA PROCURMENT DEPARTMENT 535 TELFAIR STREET, SUITE 605 AUGUSTA GA 30909 3) The Contractor shall be wholly responsible for securing certificates of insurance coverage as set forth above from all subcontractors who are engaged in this work. Page 6 of 11 4) The Contractor agrees to carry statutory Workers’ Compensation Insurance and to have all subcontractors likewise carry statutory Workers’ Compensation Insurance. 5) Contractor agrees to waive all rights of subrogation and other rights of recovery against the Augusta and its officers and shall cause each Subcontractor to waive all rights of subrogation for all coverage. 6) Failure of Augusta to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Augusta to identify a deficiency from evidence provided will not be construed as a waiver of the Contractor’s obligation to maintain such coverage. Contractor understands and agrees that the purchase of insurance in no way limits the liability of the Contractor. 7) Certificates shall state that the policy or policies shall not expire, be cancelled or altered without at least sixty (60) days prior written notice to Augusta. Policies and Certificates of Insurance listing Augusta and its officers as additional insureds (except for workers’ compensation insurance) shall conform to all terms and conditions (including coverage of the indemnification and hold harmless agreement) contained in this Contract. 8) If Augusta shall so request, the Contractor will furnish Augusta for its inspection and approval such policies of insurance with all endorsements, or confirmed specimens thereof certified by the insurance company to be true and correct copies. Contractor shall be responsible and have the financial wherewithal to cover any deductibles or retentions included on the certificate of insurance. I. Georgia Laws Govern. The laws of the State of Georgia shall govern the construction of this Contract without regard for conflicts of laws. Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction, that a document is to be construed more strictly against the party who itself or through its agent prepared same; it being agreed that the agents of all parties have participated in the preparation hereof, and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Contract in its entirety, the printed provisions of this Contract, and any additions written or typed hereon, shall be given equal weight, and there shall be no inference by operation of law or otherwise; that any provision of this Contract shall be construed against either party hereto. J. Venue. This Agreement shall be deemed to have been made and performed in Augusta, Georgia. For the purposes of venue, all suits or causes of action arising out of this Agreement shall be brought in the courts of Richmond County, Georgia. K. Contractor and Subcontractor Evidence of Compliance; Federal Work Authorization. Pursuant to O.C.G.A. §13-10-91, Augusta cannot enter into a contract for the physical performance of services unless the Contractor, its Subcontractor(s) and sub-subcontractor(s), as that term is defined by state law, register and participate in the Federal Work Authorization Program to verify specific Page 7 of 11 information on all new employees. Contractor certifies that it has complied and will continue to comply throughout the Contract Term with O.C.G.A. §13-10-91 and any related and applicable Georgia Department of Labor Rule. Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91. The signed affidavit is attached to this Contract as Attachment B. Contractor agrees that in the event it employs or contracts with any Subcontractor(s) in connection with this Contract, Contractor will secure from each Subcontractor an affidavit that certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the Contract Term. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as Attachment C. Each Subcontractor agrees that in the event it employs or contracts with any sub-subcontractor(s), each Subcontractor will secure from each sub-subcontractor an affidavit that certifies the sub- subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the Contract Term. Any signed sub-subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as Attachment D. L. Augusta Representative. Augusta may designate a representative through whom the Contractor will contact Augusta. In the event of such designation, said representative shall be consulted and his written recommendation obtained before any request for extra work is presented to the Augusta. Payments to the Contractor shall be made only upon itemized bill submitted to and approved by said representative. M. Contractor’s Status. The Contractor will supervise and direct the Work, including the Work of all Subcontractors. Only persons skilled in the type of work which they are to perform shall be employed. The Contractor shall, at all times, maintain discipline and good order among his employees, and shall not employ any unfit person or persons or anyone unskilled in the work assigned him. The relationship between Augusta and the Contractor shall be that of owner and independent contractor. Other than the consideration set forth herein, the Contractor, its officers, agents, servants, employees, and any Subcontractors shall not be entitled to any Augusta employee benefits including, but not limited to social security, insurance, paid annual leave, sick leave, worker's compensation, free parking or retirement benefits. All services provided by Contractor shall be by employees of Contractor or its Subcontractors and subject to supervision by Contractor. No officer or employee of Contractor or any Subcontractor shall be deemed an officer or employee of Augusta. Personnel policies, tax responsibilities, social security payments, health insurance, employee benefits and other administrative policies, procedures or requirements applicable to the Work or services rendered under this Contract shall be those of the Contractor, not Augusta. N. Georgia Open Records Act. Contractor will be expected to comply with the applicable provisions of the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq. O. Business License. Contractor shall submit a copy of its current, valid business license with this Contract. Page 8 of 11 If the Contractor If the Contractor is a Georgia corporation, Contractor shall submit a valid county or city business license. If Contractor is a joint venture, Contractor shall submit valid business licenses for each member of the joint venture. If the Contractor is not a Georgia corporation, Contractor shall submit aIf the Contractor is a Georgia corporation, Contractor shall submit a valid county or city business license. If Contractor is a joint venture, Contractor shall submit valid business licenses for each member of the joint venture. If the Contractor is not a Georgia corporation, Contractor shall submit a certificate of authority to transact business in the state of Georgia and a copy of its current, valid business license issued by its home jurisdiction. If Contractor holds a professional license, then Contractor shall submit a copy of the valid professional license. Failure to provide the business license, certificate of authority, or professional license required by this section, may result in the Contract being terminated. Contractor shall ensure that any insurance, license, permit or certificate submitted in response to Augusta’s RFP or as part of the Contract shall be current and valid when submitted, and shall remain valid, current and maintained in good standing for the Contract Term. P. Prohibition Against Contingent Fees. The Consultant 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 Consultant for the purpose of securing business and that the Consultant 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 Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. Q. Georgia Prompt Payment Act Not Applicable. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Payment Act. R. Acknowledgement of Authority. 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, Contractor 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 the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, 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 Page 9 of 11 any unauthorized goods or services provided by Contractor. 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. S. Sole Agreement. This Contract constitutes the sole contract between Augusta and the Contractor. The terms, conditions, and requirements of this Contract may not be modified, except by Change Order. No verbal agreement or conversation with any officer, agent, or employee of Augusta, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. No representations, oral or written, shall be binding on the parties unless expressly incorporated herein. No Change Order shall be enforceable unless approved by official action of Augusta as provided by law or in this Contract. T. Attachments and Appendices. This Contract includes the following Attachments and Appendices all of which are incorporated herein by reference: Attachment A, Contractor’s Cost Proposal Form; Attachment B, Contractor’s Affidavit; Attachment C, Subcontractor’s Affidavit(s); Attachment D, Sub-subcontractor’s Affidavit(s); Attachment E, Certificate of Corporate Authority or Joint Venture Certificate; and Attachment F, Executive Order 2014-4, Ethics Rules. U. Severability. If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. V. Notices. Any notice or consent required to be given by or on behalf of any party hereto to any other party hereto shall be in writing and shall be sent to Augusta’s Administrator and the Executive Assistant or to the Contractor or his authorized representative on the work site by (a) registered or certified United States mail, return receipt requested, postage prepaid, (b) personal delivery, or (c) overnight courier service. All notices sent to the addresses listed below shall be binding unless said address is changed in writing no less than fourteen days before such notice is sent. Future changes in address shall be effective upon written notice being given by the Contractor to Augusta’s Executive Assistant or by Augusta to the Contractor’s authorized representative via certified first class U.S. mail, return receipt requested. Such notices will be addressed as follows: If to Augusta: ADMINISTRATOR Page 10 of 11 AUGUSTA, GEORGIA 535 TELFAIR STREET, SUITE 900 AUGUSTA GA 30901 With a copy to DIRECTOR OF FINANCE FINANCE DEPARTMENT 535 TELFAIR STREET, SUITE 800 AUGUSTA GA 30901 With a copy to: DIRECTOR OF PROCUREMENT PROCUREMENT DEPARTMENT 535 TELFAIR STREET, SUITE 605 AUGUSTA GA 30901 If to the Contractor: W. Counterparts. This Contract may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same Contract. X. Controlling Provisions. The Contract for this Project shall govern the Work. If any portion of the Contract shall be in conflict with any other portion, the various documents comprising the Contract shall govern in the following order of precedence: Contract, Change Orders or modifications issued after execution of the Contract; the provisions of Augusta’s RFP; and the Contractor’s Response thereto. [SIGNATURES CONTINUE ON NEXT PAGE] Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as an original by their authorized representative. AUGUSTA, GEORGIA DAVENPORT & COMPANY, LLC By: Hardie Davis, Jr. By:______________________________ Mayor Its:______________________________ ATTEST: ATTEST: Lena Bonner Clerk of Commission Seal: APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM: Department Director Augusta Attorney Signature Augusta Attorney Name (Typed or Printed) Commission Meeting Agenda 6/7/2016 2:00 PM South Augusta Development Authority Department: Department: Caption:Motion to approve establishing a subcommittee to analyze, review and report back to the Commission on establishing a “South Augusta Development Authority”. (Approved by Finance Committee May 31, 2016) Background:There exists in Augusta, (south of Gordon Hwy) a huge void and shortage of retail and commercial development that is truly needed for Richmond County residents Analysis: Financial Impact: Alternatives: Recommendation:Recommendation for formulation of the sub-committee membership: Commissioner, 4th District Commissioner, 5th District Commissioner, 6th District Commissioner, 8th District Commissioner, 9th District Tax Commissioner State Senator (state senator who represents at least 60% of Richmond County Mayor of Augusta State House Representative appointed by the local delegation chairman Downtown Development Authority Director Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Acquisition of Parcel in fee to Richmond County, Ga from Charles N. Utley Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-150-00-0) 2027 Leona Street. (Approved by Engineering Services Committee May 31, 2016) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn the parcel. The required property consists of 7,500 square feet. The appraised value is $46,000.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 328-041110-52.12122 J/L 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Acquisition of Parcel in fee to Richmond County, Ga from Charles N. Utley-087-4-139 Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-139-00-0) 2049 Leona Street. (Approved by Engineering Services Committee May 31, 2016) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn the parcel. The required property consists of 7,500 square feet. The appraised value is $14,500.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 328-041110-52.12122 J/L 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Acquisition of Parcel in fee to Richmond County, Ga from Charles N. Utley-087-4-146 Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-146-00-0) 2035 Leona Street. (Approved by Engineering Services Committee May 31, 2016) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn the parcel. The required property consists of 7,500 square feet. The appraised value is $15,000.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 328-041110-52.12122 J/L 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Acquisition of Parcel in fee to Richmond County, Ga from Charles N. Utley-087-4-166 Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-4-166-00-0) 2028 Leona Street. (Approved by Engineering Services Committee May 31, 2016) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn the parcel. The required property consists of 7,500 square feet. The appraised value is $15,000.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 328-041110-52.12122 J/L 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Acquisition of Parcel in fee to Richmond County, Ga from Claud R. Caldwell, Jr. Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-166-00-0) 2022 Walnut Street. (Approved by Engineering Services Committee May 31, 2016) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 7,500 sq. ft. for Right of Way. The appraised value is $6,300.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. AGENDA DATE: Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203- 52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Clerk of Commission Cover Memo AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-166-00-0) 2022 Walnut Street BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 7,500 sq. ft. for Right of Way. The appraised value is $6,300.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: May 31, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: May 18, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Claud R. Caldwell, Jr. Commission Meeting Agenda 6/7/2016 2:00 PM Acquisition of Parcel in fee to Richmond County, Ga from Rhodes Ponds Homeowners Association and Murry E. Nunnery Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 193-0-075-00-0) 2554 A Patterson Bridge Road. (Approved by Engineering Services Committee May 31, 2016) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 250 sq. ft. for Right of Way and 750 sq. ft. for Permanent Easement. The appraised value is $219.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 581-044320-5212122 REVIEWED AND APPROVED BY: Finance. Cover Memo Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 193-0-075-00-0) 2554 A Patterson Bridge Road BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 250 sq. ft. for Right of Way and 750 sq. ft. for Permanent Easement. The appraised value is $219.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: May 31, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 581-044320-5212122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: May 18, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Rhodes Pond Homeowners Association and Murry E. Nunnery Commission Meeting Agenda 6/7/2016 2:00 PM Barton Chapel Road at Gordon Highway Improvement Project- Project FrameWork Agreement Department:Engineering Department:Engineering Caption:Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Barton Chapel Road at Gordon Highway Improvements Project (PI #0012868) as requested by AED. (Approved by Engineering Services Committee May 31, 2016) Background:Barton Chapel Road is classified as an Urban Minor Arterial Street and provides connectivity from Deans Bridge Road/SR 4/US 1 to Wrightsboro Rd. It is a 2 lane roadway with rural shoulders and open ditches. Gordon Highway is classified as an Urban Principal Arterial Street and provides connectivity to Ft. Gordon via Gates 1, 2 and 3. It is a multi-lane highway with rural shoulders and open ditches. The land use along Barton Chapel Road south of Gordon Highway is predominantly residential. The land use along Barton Chapel Road north of Gordon highway is mostly residential with a mixture of businesses. The land use along Gordon Highway in the vicinity of this project is a mixture of residential and businesses. The 2008 Augusta-Richmond County Comprehensive Plan has identified the future development land use patterns in this vicinity as commercial and the area south of Gordon Highway and on the west side of Barton Chapel Road as areas in need of redevelopment. The subject project to enhance the operational efficiency of the intersection of Barton Chapel Road and Gordon Highway. The purpose of this project is to add left turn lanes on Barton Chapel Road north and south of Gordon Highway. Project funding includes federal funding. Georgia DOT requires that, for projects with federal aid funding, local governments enter into a Project Framework Agreement. Analysis:Entering into the Project Framework Agreement with Georgia DOT will allow federal aid funding to move forward and provide funds necessary to improve operational efficiency of the intersection. Cover Memo Financial Impact:GDOT identified federal and state funding source to complete project. Alternatives:1). Approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Barton Chapel Road at Gordon Highway Improvements Project (PI #0012868) as requested by AED. 2). Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: GDOT Funds & Proposed Federal Funds REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo PLEASE DO NOT PROCESS THIS DOCUMENT. ONCE APPROVED BY COMMISSION AN ORIGINAL WILL BE FORWARDED FOR EXECUTION. FOR QUESTIONS PLEASE CALL EXT 5070 Commission Meeting Agenda 6/7/2016 2:00 PM HAYNES STATION, PHASE IV, SUBDIVISION DEDICATION Department:Engineering Department:Engineering Caption:Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Haynes Station, Phase IV. (Approved by Engineering Services Committee May 31, 2016) Background:The final plat for Haynes Station, Phase IV, was approved by the Commission on January 19, 2016. The subdivision design and plat for this section, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia for operation and maintenance. Financial Impact:By accepting these roads and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the road and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deeds and maintenance agreements, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Haynes Station, Phase IV. 2. Do not Cover Memo approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Intelligent Transportation System Master Plan Implementation (12-137) (SA#4) Department:Engineering Dept Department:Engineering Dept Caption:Motion to approve funding for Engineering Consultant Services Supplemental Agreement Four to URS Corporation (now merged with AECOM) in the amount of $169,200.00 for the Advanced Transportation Management System (ATMS) Master Plan Project as requested by the AED. (Approved by Engineering Services Committee May 31, 2016) Background:ATMS Master Plan project is one (1) of fifty (50) City of Augusta, Georgia TIA (aka TSPLOST) projects. As the costs of roadway widening and right-of-way continue to grow and stress the capital budgets of municipalities around the country, more and more of them are turning to technology to improve their traffic flow and maximize the efficiency of the existing roadway networks. These types of technology have been and continue to be deployed in many cities and counties in Georgia as well as around the country and, in some instances, have been shown to improve the overall efficiency of major corridors by as much as 30%. These systems which are referred to as “Advanced Transportation Management Systems” or ATMS include a variety of elements geared toward improving traffic flow, traffic monitoring, transit flow, and incidents (i.e., crash, malfunction, etc.) response. Elements of these systems include: a central command center with monitors, traffic signal communications infrastructure, adaptive signal systems, video monitoring, dynamic message boards, transit priority, emergency vehicle preemption, etc. Phase1 of the project under construction and requires design related coordination and system construction QA control. Analysis:In September 2012, commission approved award of ATMS Master Plan development to URS. This supplemental agreement covers services during construction phase for contractor request for field information, shop drawing reviews, system programing, design conflicts assessment & resolution, and construction observation support. Cover Memo Financial Impact:Funds are allowable in Project TIA funds 371-041110- T13049121. Alternatives:1). Approve funding for Engineering Consultant Services Supplemental Agreement Four to URS Corporation (now merged with AECOM) in the amount of $169,200.00 for the Advanced Transportation Management System (ATMS) Master Plan Project as requested by the AED. 2). Do not approve and find alternative to complete the project and meet TIA project completion requirements. Recommendation:Approve alternative one Funds are Available in the Following Accounts: 371-041110-T13049121 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo PLEASE DO NOT PROCESS. ONCE COMMISSION APPROVED AN ORIGINAL WILL BE FORWARDED FOR EXECUTION. ANY QUESTIONS PLEASE CALL EXT 5070. Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project change is authorized to CPB# T13049121, Supplemental Agreement Number Four for the ITS Master Plan Implementation (RC07-000121) with URS Corporation in the amount of $169,200 for additional services to provide technical and observation related to construction. Funding available in the project account. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. ITS Master Plan Implementation 500,000$ RC Emergency Vehicle and Transit Preemption System 250,000$ ITS Master Plan Implementation 47,000$ ITS Master Plan Implementation 169,200$ 966,200$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET INTELLIGENT TRANSPROTATION SYSTEM MASTER PLAN IMPLEMENTATION-RICHMOND COUNTY CPB#371-041110-T13049121 CHANGE NUMBER FOUR BID #12-137 12.30.13 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET INTELLIGENT TRANSPROTATION SYSTEM MASTER PLAN IMPLEMENTATION-RICHMOND COUNTY CPB#371-041110-T13049121 CHANGE NUMBER FOUR BID #12-137 CPB AMOUNT ADDITION NEW SOURCE OF FUNDS CPB REQUEST CPB TIA ITS Master Plan Implementation 371-041110-T13049121 ($547,000)($547,000) TIA RC Emergency Vehicle System ($250,000)($250,000) 235-041110-6011110 TIA ITS Master Plan Implementation ($169,200) ($169,200) 371-041110-T13049121 TOTAL SOURCES: ($797,000) ($169,200) ($966,200) USE OF FUNDS ENGINEERING 235-041110-5212115 $750,000 $750,000 371-041110-T13049121 $47,000 $47,000 371-041110-T13049121 $169,200 $169,200 TOTAL USES: $797,000 $169,200 $966,200 12.30.13 (SA02 – For changes greater than $20,000) March 2010 AUGUSTA, GEORGIA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Georgia Project Number(s): 371-041110-T13049121 GDOT Number (s): RC07-000121, PI 0011392 Supplemental Agreement Number: 4 Purchase Order Number: 242181 WHEREAS, We, URS Corp.,(now AECOM) Consultant, entered into a contract with Augusta-Richmond County on January 21, 2014, for engineering design services associated with the improvements to Richmond County ATMS Master Plan Implementation, project RC07-000121, PI 0011392, File Reference No. 14-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional services to provide technical and Observation services as related to the construction It is agreed that as a result of the above described modifications the contract amount is increased by $169,200.00 from $549,934.01 to a new total of $719,131.01. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, URS Corp.,(AECOM) Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned item, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This ___________ day of ________________, 2016. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY URS CORPORATION (AECOM) AUGUSTA, GEORGIA Hardie Davis, Jr., Mayor Approved Date: Approved Date: __________________________ [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: _________ Title: _____________________________ Commission Meeting Agenda 6/7/2016 2:00 PM MOU Stormwater Facility Management and Retention/Detention Ponds Disease Prevention and Control Department:ENGINEERING Department:ENGINEERING Caption:Motion approve Memorandum of Understanding (MOU) between Augusta, Georgia and the Richmond County Board of Health (RCBOH) to provide inspection and mosquito control services for the City’s detention/retention ponds and ditches as requested by AED. (Approved by Engineering Services Committee May 31, 2016) Background:Inspection and spraying to control mosquitos in detention and retention ponds, rain gardens, and flat ditches was approved by the Augusta Commission on February 23, 2016 as a part of the storm water standard operating procedures (SOP). The SOP states that as a best management practice (BMP), ponds will initially be inspected, sprayed for mosquitos if necessary, and cleaned/maintained at least once a year, or on an as needed basis. Analysis:Augusta, Georgia is proposing to enter into a MOU with RCBOH to inspect and control mosquitos through spraying and other methods. These activities will benefit the citizens of Augusta, and function as a biological impact reduction measure at wet ponds, and similar areas within the nine (9) watersheds. Financial Impact:Funds to operate this program will not exceed $260,000 per year. Funds are available through the Storm Water Utility Program. Alternatives:1. Approve MOU between Augusta, Georgia and RCBOH to inspect BMPs and control mosquitos. 2. Do not approve and dismantle proposed program. Recommendation:Approve Alternative Number One. Funds are Available in the Following Funds available in the following account: 581-04-4320 Cover Memo Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Please do not process this MOU. Once Commission approved, an original will be forwarded for execution. ext 5070. Commission Meeting Agenda 6/7/2016 2:00 PM On-Call Construction Management, Construction Inspection and Field Engineering Services (13-184) Department:Engineering Department:Engineering Caption:Motion approve the continued funding of the current On-Call Construction Management, Construction Inspection and Field Engineering (CM_CI_FE) Services contract in the amount of $516,000. Funding is available in Transportation Investment Act (TIA) Projects Funds, SPLOST VI, and TIA Discretionary Funds as requested by AED. (Approved by Engineering Services Committee May 31, 2016) Background:The on-going TIA/SPLOST funded infrastructure improvements projects, the increase in maintenance and emergency repairs to aging storm conveyance infrastructures within the county have placed a significant strain on the Augusta Engineering Department (AED) in-house engineering and construction resources. In addition to the TIA Funded band 1 projects that are presently under construction, AED has several SPLOST funded projects about to go into construction. Also, there will be a need for field engineering services to complete small scale stormwater projects in a cost effective and timely manner. AED has determined to continue to supplement its engineering resources with On-Call Services. The assistance of outside Field Engineering services will only be temporary and will help insure a quality finished product.It is a practical approach to sustain a much needed quality control during the design and construction and construction phase of a project. Project QA/QC is essential to the construction of good roads and other infrastructures Analysis:On February 4, 2014, the Augusta Commission approved the on- call Construction Management, Construction Services and Field Engineering contract to EMC Engineering, Moreland Altobelli, AMEC Environmental & Infrastructure, and Michael Baker, Jr. Inc. Additional funds allocation to this contract is needed to maintain the required level of service for under construction and about to go construction projects.Cover Memo Financial Impact:Funds are available in the amount of $316,000 TIA Local Delivery Projects fund, $50,000 TIA discretionary fund, and $150,000 AED SPLOSTS VI On-call Construction Services fund. Alternatives:1). Approve the continued funding of the current On-Call Construction Management, Construction Inspection and Field Engineering (CM_CI_FE) Services contract in the amount of $516,000. Funding is available in Transportation Investment Act (TIA) Projects Funds, SPLOST VI, and TIA Discretionary Funds. 2). Do not approve and find alternate source to provide needed supplemental assistance to complete various projects. Recommendation:Approve alternative number one. Funds are Available in the Following Accounts: TIA Discretionary Fund 235 -$50,000 TIA -Project John C. Calhoun $316,000, and SPLOST VI – 328-041110-211828005 $150,000 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Augusta-Richmond County, Georgia Change Number One BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorize to CPB#328-041110-211828005. This request is to continue funding the current On-Call Construction Management, Construction Discretionary Funds. Section 2: The following revenues are anticipated to available to the Consolidated Government to complete the project. 200,000$ 50,000$ 316,000$ 150,000$ 716,000$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#328-041110-211828005 On-Call Construction Management, Construction Inspection, and Field Engineering Services (Bid 13-184) Funding is available in the TIA Transportation Investment Act, SPLOST VI and TIA On Call Emergency Construction Services PH VI Inspection, Field Engineering Services Consulting Agreement in the amount of $516,000. TIA DISCRETIONARY FUNDS JOHN C CALHOUN SPLOST VI ON CALL CONSTRUCTION Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks 5.12.2016 Augusta-Richmond County, Georgia Change Number One CPB#328-041110-211828005 On-Call Construction Management, Construction Inspection, and Field Engineering Services (Bid 13-184) CAPITAL PROJECT BUDGET Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks CPB AMOUNT ADDITION CPB AMOUNT SOURCE OF FUNDS CPB REQUEST On-Call Emergency Construction Services ($200,000)($200,000) 328-041110-6011110-211828005 TIA Discretionary ($50,000) Project John C. Calhoun ($316,000) SPLOST VI ($150,000) TOTAL SOURCES: ($200,000) ($516,000) ($200,000) USE OF FUNDS ROADS 328-041110-5414110-211828005 $200,000 $200,000 328-041110-5414110-211828005 $150,000 $150,000 John C. Calhoun $316,000 $316,000 TIA Discretionary $50,000 $50,000 TOTAL USES: $200,000 $516,000 $716,000 5.12.2016 Commission Meeting Agenda 6/7/2016 2:00 PM Thermoplastic Material Purchase – Traffic Engineering Department:Engineering Department Department:Engineering Department Caption:Motion to approve Traffic Engineering’s purchase of thermoplastic striping material. (Approved by Engineering Services Committee May 31, 2016) Background:The Traffic Division of the Engineering Department is responsible for maintaining the striping on all county roads. As such, through the years, Traffic Engineering has purchased thermoplastic from state annual bid throughout the year. Traffic has ordered $ 30.910 worth of materials from the annual bid. This amount is within our annual budget and leaves some room to address unforeseen issues; however, this triggers the amount at which the commission must be informed. Analysis:The material is essential not only to the operation of the Traffic Engineering Division but, to the safety of the motoring public. Financial Impact:The material will be purchased from the State of Georgia’s annual bid NO. 48400-179-DOT0000144-0001 with Crown Technology in the amount of $ 30,910.00 for yellow thermoplastic. Alternatives:None Recommendation:Approve the purchase. Funds are Available in the Following Accounts: 101041710-5311630 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Wheeler Road at Robert C. Daniel Parkway Improvement Project - Project Framework Agreement Department:Engineering Department:Engineering Caption:Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Wheeler Road at Robert C. Daniel Parkway Intersection Improvements Project (PI #0012866) as requested by AED. (Approved by Engineering Services Committee May 31, 2016) Background:Robert C. Daniel, Jr. Parkway is classified as an Urban Local Road. It is a multi-lane corridor with 2 lanes in each direction separated by a concrete median, landscaped at designated areas, with curb, gutter, and longitudinal drainage systems. Wheeler Road is classified as an Urban Minor Arterial Street. It is a multi- lane corridor with 2 lanes in each direction separated by a concrete median with curb, gutter and longitudinal drainage systems. There is a stop and go signal at this intersection with dedicated left and right turn lanes which support protected left and right turn movements. Robert C. Daniel, Jr. Parkway serves the Augusta Exchange shopping district which is identified in the 2008 Augusta-Richmond County Comprehensive Plan as a major commercial node. The Augusta Exchange shopping district is a mixture of businesses, restaurants, and multiple established retail centers. Wheeler Road provides connectivity to Doctors Hospital and is a mixture of professional offices, Family YMCA, restaurants and businesses. The subject project proposes to improve the operational efficiency of the intersection of Robert C. Daniel, Jr. Parkway and Wheeler Road. Scope of this project is to lengthen the existing southbound right turn lane on Robert C. Daniel, Jr. Parkway at its intersection with Wheeler Road. Project funding includes federal funding. Georgia DOT requires that, for projects with federal aid funding, local governments enter into a Project Framework Agreement. Analysis:Entering into the Project Framework Agreement with Georgia DOT will allow for federal aid funding to move forward and provide funds necessary to improve operational efficiency of the Cover Memo intersection. Financial Impact:GDOT identified federal and state funding source to complete project. Alternatives:1). Approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Wheeler Road at Robert C Daniel Parkway Intersection Improvements Project (PI #0012866) as requested by AED. 2). Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: GDOT Funds & Proposed Federal Funds REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Windsor Spring Road Sanitary Sewer Extension Project Department:Utilities Department:Utilities Caption:Motion to approve award of Bid #16-166 for the construction of Windsor Spring Road Sanitary Sewer Extension Project to Blair Construction, Inc. (Approved by Engineering Services Committee May 31, 2016) Background:This Project will consist of the installation of approximately 2200 linear feet of 8” sanitary sewer main that runs parallel to Inverness Drive and Windsor Spring Road to provide sanitary sewer to the area. Analysis:Augusta Utilities Department has reviewed the bid submitted by Blair Construction, Inc. The bid for construction services was deemed to be fair and reasonable by Augusta Utilities Department. Financial Impact:We have reviewed the bid from Blair Construction, Inc. and find it to be reasonable. Funding in the amount of $348,474.79 is available from accounts: 514043420-5425210/ 81600050- 5425210 Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the Construction Services to Blair Construction, Inc. in the amount of $348,474.79 for the Windsor Spring Road Sanitary Sewer Extension Project. Funds are Available in the Following Accounts: Funds are available in the following accounts: 514043420- 5425210/ 81600050-5425210 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo AUGUSTA UTILITIES DEPARTMENT 360 BAY STREET, SUITE 180 AUGUSTA, GA 30901Windsor Spring Road Sanitary Sewer Extension PROJECT MAP WIN D S O R S P R I N G R O A D BOYKI N R O A D INVE R N E S S D R I V E Invitation to Bid Sealed bids will be received at this office until Tuesday April 19, 2016 @ 3:00 p.m. for furnishing: Bid Item #16-166 Windsor Spring Road Sanitary Sewer Extension for Augusta 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, 530 Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from ARC Southern. The fees for the plans and specifications which are non- refundable are $50.00. 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 10 March 2016. 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, April 1 2016 @ 2:00 p.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 April 5, 2016 @ 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 sixty (60) 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 March 10, 17, 24, 31, 2016 Metro Courier March 16, 2016 Bid Item #16-166 Windsor Spring Road Sanitary Sewer Extension for Augusta, Georgia - Utilities Department Bid Due: Tuesday, April 19, 2016 @ 3:00 p.m. Blair Construction P. O. Box 770 Evans, GA 30809 Yes 224004 Yes Yes Yes $309,524.29 Bid Bond Bid Price Total Number Specifications Mailed Out: 25 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 168 Mandatory Pre-Bid Conference: 3 Total packages submitted: 1 Total Noncompliant: 0 Vendors Attachment B E-Verify Number SAVE Form Addendums 1 Page 1 of 1 Commission Meeting Agenda 6/7/2016 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Commission held May 17, 2016 and Special Called Meeting held May 31, 2016. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Consulting Services for Classification and Compensation Study (RFP Item #16-123 Department:Human Resources Department:Human Resources Caption:Consider award of RFP 16-123 Consulting Services for Classification & Compensation Study. (No recommendation from Administrative Services Committee May 31, 2016) Background:ARC provides a wide array of services. The Departments and Units to be included in this study include a Judicial Branch, Public Safety (primarily Sheriff Marshall), Clerk’s Office, Law Department, Compliance Department and fifteen (15) Administrative Departments that report to the County Administrator (Finance, Information Technology, Transit, Human Resources, Procurement, Fire, 911, Utilities, Engineering, Environmental Services, Parks & Recreation, Planning and Development, Housing and Community Development, County Corrections and Animal Services). Procurement records indicate that the last comprehensive Compensation and Classification Study was performed in 1999. The current number of job titles is 558, and the 2016 FTE count is expected to reach 2,819. It is anticipated that the Firm will draw upon the following data points and meetings: (1) existing documents; (2) position questionnaires; (3) focus group data; and (4) information obtained from Department Heads, Sheriff, Court Administrator, Human Resources Department and Administrator’s Office. The meetings will also serve to brief the Firm on any particular issues, concerns and constraints relative to the application of the ARC classification and compensation plans. Analysis:Human Resources and its Evaluation Committee has reviewed six (6) compliant submittals. Two (2) was deemed non-compliant. A shortlist of five firms was developed (Gallagher Benefits Services, Springsted Inc., Segal Waters Consulting, The Archer Company and The Hay Group). After the evaluation was completed, negotiations begin with The Archer Company of whom was deemed the most responsive and responsible to address the needs of Augusta, Georgia. Cover Memo Financial Impact:Client agrees that compensation and method of payment to the Consultant shall be one hundred thousand dollars ($100,000.00). Alternatives:1. Select another firm. 2. Reject all firms and reissue RFP Recommendation:Hire The Archer Company to perform the classification and compensation study. Funds are Available in the Following Accounts: Funds are available in the following accounts: 101101110 - 6011140 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 1 AGREEMENT TO PROVIDE HUMAN RESOURCES CONSULTING SERVICES FOR AUGUSTA, GEORGIA THIS AGREEMENT, entered into this _____ day of ___________________, 2016, and effective immediately by and between the Archer Company, Inc. (hereinafter called the "Consultant") and the consolidated government of Augusta, Georgia, a political subdivision of the State of Georgia, by and through its Board of Commissioners (hereinafter called the "Client"). WITNESSETH THAT: WHEREAS, the Client is interested in obtaining consulting services for a classification and compensation study. WHEREAS, the Consultant responded to Augusta’s RFP #16-123 and was chosen as the most qualified respondent based on its submittal. NOW THEREFORE, the parties hereto mutually agree as follows: 1. Employment of Consultant. The Client agrees to engage the Consultant and the Consultant hereby agrees to perform the services described in the "Scope of Services" listed below. 2. Scope of Services. The Consultant shall do, perform and carry out in a good and professional manner consulting services for a classification and compensation study as set forth in Augusta’s RFP #16-123 and the Consultant’s proposal dated January 22, 2016 as amended by Option for Comprehensive Study (both of which are herein incorporated by reference). 3. Contract Term. The time of performance for this scope of services will extend beyond one year, and is therefore subject to the provisions as required by Georgia law pertaining to multi-year contracts. The term of this contract is for one year with the option to renew in each of the two subsequent years. This contract shall: (i) terminate absolutely and without further obligation on the part of Augusta, Georgia at the close of the calendar year in which it was executed, and at the close of each succeeding calendar year for which it may be renewed as provided in O.C.G.A. Section 36-60-13; (ii) automatically renew at the beginning of each calendar year, unless terminated in accordance with the provisions of this contract; and (iii) terminate absolutely with no further renewals on December 31, 2016, unless extended according to the provisions for change of this contract. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence so as to ensure their expeditious completion and best carry out the purposes of the agreement. Provided however, the Consultant shall not be liable for delays in performance that are caused in whole or in part by the Client, third parties over which the Consultant does not have the legal right to control or forces de majeure. 4. Method of Payment. Client agrees that compensation and method of payment to the 2 Consultant shall be one hundred thousand dollars ($100,000.00). The Consultant shall submit invoices to the Client monthly as the work progresses. The Client agrees to pay those invoices within thirty (30) days of receipt. In the event the Client disputes a portion of an invoice, the Client agrees to pay the undisputed portion of the invoice within thirty (30) days of receipt and to provide Consultant a detailed statement of the Client’s position on the disputed portion of the invoice within thirty (30) days of receipt. 5. Changes. The Client may, from time to time, require changes in the scope of services of the Consultant to be performed hereunder. Such changes and the fees or compensation associated therewith shall be mutually agreed upon by and between the Client and the Consultant and shall be incorporated in written amendment to this agreement. Consultant 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, Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Consultant Consultant'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 the Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Consultant 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 Consultant. Consultant 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. 6. Services and Materials to be Furnished by the Client. The Consultant shall provide guidance to the Client in determining the data required for purposes of the contemplated services. The Client further agrees to provide all data specifically requested, including documentation and information to the Consultant in a timely manner. The Consultant shall assume without incurring liability thereof, that all data so provided is correct and complete. The Client shall cooperate with the Consultant in scheduling and carrying out the work herein. 7. Rights to Terminate Contract. This Agreement may be terminated in whole or in part for convenience by the Client, including, but not limited to, if all or part of applicable funding becomes unavailable to Client. If applicable funding is reduced, Client may either cancel this Agreement or offer a contract amendment reflecting the reduced funding. If this Agreement is cancelled, Client agrees to reimburse Consultant for all expenditures made 3 in good faith that are unpaid at the time of termination, including all work products completed or in-process, and for the time required to discontinue onsite activities in an orderly manner, not to exceed the maximum amount payable under this Agreement. Either party shall have the right to terminate this Agreement if the other party is in default of any obligation hereunder and such default is not cured within thirty (30) days of receipt of a notice specifying such default. In the event of such a termination, Client shall reimburse Consultant for all work that had been satisfactorily completed prior to such termination; such payment shall be made based on the percentage of project completion at the time of termination. If either party exercises their right to terminate this contract, the nature of such action shall be written notice provided to the other party within sixty (60) days before the end of the initial year of the contract or each succeeding remaining calendar year. 8. Indemnification. Each party shall be responsible for its own acts and will be responsible for all damages, costs, fees and expenses which arise out of the performance of this Agreement and which are due to that party's negligence, tortious acts or other unlawful conduct and the negligence, tortious acts or other unlawful conduct of its respective agents, officers and employees. To the extent permissible by the laws of the State of Georgia, in the absence of negligence on the part of the other party, each party shall protect, defend, indemnify and hold the other party, its officers, officials, employees and volunteers free and harmless from and against any claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged (a) bodily injury, sickness, disease, or death; or injury to or destruction of tangible property including the loss of use resulting there from; or any other damage or loss arising out of or resulting claims resulting in whole or part from any actual or alleged act or omission of the other party, anyone directly or indirectly employed by the other party; or anyone for whose acts the other party may be liable in the performance of work; (b) violation of any law, statute, ordinance, governmental administrative order, rule, regulation, or infringements of patent rights or other intellectual property rights by the other party in the performance of work; or (c) liens, claims or actions made by a third party. 9. Limitation of Liability. The indemnification obligations herein shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for the responding firm or its sub-consultant(s), as approved by the Client, under workers’ compensation acts, disability benefit acts, other employee benefit acts, or any statutory bar or insurance. 10. Georgia Security and Immigration Compliance. Pursuant to the “Georgia Security and Immigration Compliance Act,” the Client and the Consultant affirm the following: (a) That affidavits in the form attached to these “Procedures & Requirements” be executed from a contractor (and any subcontractors, regardless of tier) and notarized, showing compliance with the requirements of O.C.G.A. § 13-10-91 and that such be made part of the contract and/or subcontracts; 4 (b) That the contractor (and any subcontractors, regardless of tier) fully comply with the requirements for completing and submitting the “Immigration Compliance Certification” and that such certification be received by the County prior to the commencement of any work under the contract or subcontract; (c) That the contractor (or any subcontractor, regardless of tier) notify the County within five (5) business days of entering into a contract or other agreement for hire with any subcontractor(s), regardless of tier; (d) That the contractor be responsible for obtaining and providing to the County the “Subcontractor Affidavit & Agreement” and “Immigration Compliance Certification” attached to and required under these “Procedures & Requirements” from each subcontractor, regardless of tier, employed or retained for work under the contract prior to the commencement of any work under the contract or any subcontract; (e) That Augusta, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the required affidavit or certification and/or for failure to comply with the statutory requirements of O.C.G.A. § 13-10-91 and/or for providing false or misleading information upon the required affidavit(s) or certification(s); (f) That any contractor and/or subcontractor retaining any other subcontractor to perform services under the contract provide legal notice to any subcontractor of the requirements of Augusta for immigration compliance and further provide notice that Augusta, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the required affidavit or certification and/or for failure to comply with the statutory requirements of O.C.G.A. § 13-10-9122 and/or for providing false or misleading information upon the required affidavit(s) or certification(s); (g) That failure to comply with any of the requirements and procedures of the Client (i.e., failure to timely supply required affidavits or compliance certification documents; failure to utilize federal work authorization procedures; failure to permit or facilitate audits or reviews of records by Client or State officials upon request; and/or failure to continue to meet any of the statutory or Client obligations during the life of the contract) shall constitute a material breach of the agreement and shall entitle the Client to dismiss any general contractor or to require the dismissal of any subcontractor or sub/subcontractor (irrespective of tier) for failing to fully comply with these requirements; (h) That upon notice of a material breach of these provisions, the contractor (or subcontractor, regardless of tier) shall be entitled to cure the breach within ten (10) days and provide evidence of such cure. Should the breach not be cured, the Client shall be entitled to all available remedies, including termination of the contract, the requirement that a subcontractor be dismissed from performing work under the contract, and any and all damages permissible by law. 5 11. Copyright. The Client acknowledges that certain data gathering instruments and report formats to be provided by the Consultant are copyrighted. The Consultant shall ensure that all copies of its report bear the copyright legend. The Client agrees that all ownership rights and copyrights thereto lie with the Consultant. The Client may use the report solely for and on behalf of the Client's operations. 12. Information and Reports. The Consultant shall, at such time and in such form as the Client may require, furnish such periodic reports concerning the status of the project as may be requested by the Client. The Consultant shall furnish the Client, upon request, with copies of all documents and other materials prepared or developed in relation with or as a part of the project. 13. Records and Inspections. The Consultant shall maintain full and accurate records with respect to all matters covered under this agreement. The Client shall have free access during regular business hours to such records and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. 14. Accomplishment of Project. The Consultant shall commence, carry on, and complete requested projects with all practicable dispatch, in a sound economical and efficient manner, within the timeframe proposed as outlined in the proposal submitted by the Consultant dated January 22, 2016, in accordance with the provisions thereof and all applicable laws. In accomplishing requested projects, the Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within the applicable work area. 15 Provisions Concerning Certain Waivers. Subject to applicable law, any right or remedy which the Client may have under this contract may be waived in writing by the Client by means of a formal waiver, if, in the judgment of the Client, this contract, as so modified, will still conform to the terms and requirements of pertinent laws. 16. Assignment. Consultant agrees not to assign, convey, or transfer its interest in this Agreement to any other entity without the prior written consent of Client which consent shall not be unreasonably withheld. Provided, however, Consultant may assign, convey, or transfer its interest in this Agreement to an entity that succeeds to substantially all of the business of Consultant, by merger or otherwise. 17. Matters to be Disregarded. The titles of the several sections subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. 18. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all of the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding 6 the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 19. Third Parties. The Client and the Consultant are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons. 20. When Rights and Remedies Not Waived. In no event shall the making by the Client of any payment to the Consultant constitute or be construed as a waiver by the Client of any breach of covenant, or any default which may then exist, on the part of the Consultant, and the making of any such payment by the Client while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the Client in respect to such breach or default. 21. Personnel. The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the Client. All of the personnel engaged in the work shall be fully qualified to perform such services. 22. Governing Law: The Agreement shall be governed and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. All claims, disputes and other matters in question between Client and Consultant arising out of or relating to the Agreement, or the breach thereof, shall be decided in a court of competent jurisdiction in Richmond County, Georgia. Consultant, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in Richmond County, Georgia. 23. Consultant Certification. The Consultant certifies that the Consultant has not been convicted of bribery or attempting to bribe any officer or employee of the Client nor has the Consultant made an admission of guilt of such conduct that is a matter of record. 24. Notices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below. Notice shall be effective upon receipt. Earnest Archer, President Human Resources Director The Archer Company, LLC. Augusta, Georgia 454 South Anderson Road, BTC 556 535 Telfair Street, Suite 400 Rock Hill, SC 29730 Augusta, Georgia 30901 25. Temporary Stoppage of Work. To the extent that it does not alter the scope of this Agreement, Client may unilaterally order a temporary stopping of the work or delaying of the work to be performed by Consultant under this Agreement. 7 26. Prohibition on Contingent Fees. Consultant 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 Consultant for the purpose of securing business and that Consultant has not received any non-Client fee related to this Agreement without the prior written consent of Client. For breach or violation of this warranty, Client shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 27. Prompt Payment Act. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Payment Act. 28. Right to Inspect. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Consultant or any subcontractor of Consultant or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 29. Local Small Business Reporting. In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Consultant 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 § 1-10-129(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. Consultant 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 and/or collecting liquidated damages. IN WITNESS WHEREOF, the Client and the Consultant have executed this agreement as of the date first written below. Each individual signing this Agreement certifies that (i) he or she is authorized to sign this Agreement on behalf of his or her respective organization, (ii) such organization has obtained all necessary approvals to enter into this Agreement, including but not limited to the approval of its governing board, and (iii) when executed, this Agreement is a valid and enforceable obligation of such organization. The Archer Company, LLC. Augusta, Georgia Name: Signature: Hardie Davis, Jr. Title: Mayor 8 Signature: Date: Date: [END] VENDORS Attachment "B"E-Verify #Addendum #1 SAVE Form Original 7 Copies Electronic Copy Fee Proposal Gallagher Benefits Services 16064 Parsons Blvd Beaverdam, VA 23015 Yes 87458 Yes Yes Yes Yes Yes Yes Evergreen Solutions 2878 Remington Green Circle Tallahassee, FL 32308 Yes 341059 Yes Yes Yes Yes Yes Yes Management Advisory 13580 Groupe Dr., Suite 200 Woodbridge, VA 22192 Incomplete/ Non- Compliant 784444 Yes Yes Yes Yes Yes Yes Jacobson Betts Co 3213 W Wheeler St., Suite 127 Seattle, WA 98199 Yes VGAC936 0 No/ Non- Compliant Yes Yes Yes Yes Yes Springsted Inc 9097 Atlee Station Rd., Suite 100 St. Paul, MN 55101 Yes 198174 Yes Yes Yes Yes Yes Yes Segal Waters Consulting 1920 N Street NW Ste 400 Washington, DC 20036 Yes 139130 Yes Yes Yes Yes Yes Yes The Archer Company 5342 Wendwood Rd. SW Conyers, GA 30094 Yes 724129 Yes Yes Yes Yes Yes Yes Hay Group One Atlantic Center, Suite 620 1201 West Peachtree St Atlanta, GA 30309 Yes 167947 Yes Yes Yes Yes Yes Yes Proposal Opening RFP Item #16-123 Consulting Services for Classification & Compensation Study for Augusta, Georgia - Human Resources Department RFP Due: Thursday, January 28, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 27 Total Number Specifications Download (Demandstar): 16 Total Electronic Notifications (Demandstar): 696 Mandatory Pre-Proposal/Telephone Conference Attendees: Not Applicable Total packages submitted: 8 Total Noncompliant: 2 The following vendors submitted a "No Bid" Response: Ralph Andersen & Assoc. / 5800 Stanford Ranch Road, Suite 410 / Rocklin, CA 95765 Diane Meiller & Assoc / 255 South Orange Ave., Suite 1510 / Orlando, FL 32801 CPS HR Consulting / 241 Lathrop Way, Suite B / Sacramento, CA 95815Page 1 of 1 123Request for Proposal Request for Proposals will be received at this office until Friday, January 22, 2016 @ 11:00 a.m. for furnishing: RFP Item #16-123 Consulting Services for Classification & Compensation Study for Human Resources 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 Wednesday, January 6, 2016, @ 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 time has been called on the date of opening. 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 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 RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle December 10, 17, 24, 31, 2015 Metro Courier December 16, 2015 Revised: 1/12/2015 Evaluation Criteria PTS Gallagher Benefits 16064 Parsons Blvd Beaverdam, VA 23015 Evergreen Solutions 2878 Remington Green Circle Tallahassee, FL 32308 Springsted Inc. 9097 Atlee Station Rd., Suite 100 Mechanicsville, VA 23116 Segal Waters Consulting 1920 N St NW, Ste 400 Washington, DC 20036 The Archer Co. 5342 Wendywood Rd. SW Conyers, GA 30094 Hay Group One Atlantic Center, Suite 620 1201 W Peachtree St. Atlanta, GA 30309 A. Package submitted by the deadline Pass/ Fail Pass Pass Pass Pass Pass Pass B. Package is complete - included all information required in RFP 16-123 Pass/ Fail Pass Pass Pass Pass Pass Pass 1. Professional qualification necessary for satisfactory performance of services -Reputation of Firm -Specialized experience and technical competence in the type of work required -Team organization and approach of the firm in providing service to Augusta -Professional qualification necessary for satisfactory performance of services -Reputation of Firm -Specialized experience and technical competence in the type of work required -Team organization and approach of the firm in providing service to Augusta 15 13.4 10.0 12.5 13.0 12.3 13.5 2. Staff Allocation for Project -Fully possess capability and capacity to accomplish the work -Number of personnel assigned to project -Previous experience of personnel assigned to project -Qualifications of personnel assigned to project availability of day to day staff 15 11.0 9.3 9.8 13.0 14.0 12.8 3. Demonstrated success in providing satisfactory service to the clients -Past performance on contracts with Governmental or not for profit agencies -Compliance with project schedules and quality of work -Document by references of other means 30 25.3 20.0 19.0 23.8 25.0 22.3 4. Technical approach of the firm -Firms knowledge of understanding of the work to be done -Project timeline 30 24.5 16.3 23.5 23.0 23.3 23.5 Total 90 74.1 55.5 64.8 72.8 74.5 72.0 5. Cost(sent in a separate sealed envelope) Reasonable of cost/fee proposal • Lowest Fee 10 points • Second 8 points • Third 6 points • Fourth 4 points • Fifth 2 points 10 6 4 8 2 10 TOTAL 100 80.1 59.5 72.8 74.8 84.5 72.0 2 4 5 1 3 Submittal & Quality of RFP(MUST PASS FOR CONTINUED CONSIDERATION) First Round Elimination Proposer’s ’s Overall Ability to Provide the Services (Total of 100 pts) Second Round Elimination Cumulative Evaluation Sheet - Phase II RFP Item #16-123 Consulting Services for Classification & Compensation Study for Augusta, Georgia - Human Resources Department Monday, March 14, 2016 @ 2:30 p.m. Cost/Fee Consideration (Total Points 10) Presentations Commission Meeting Agenda 6/7/2016 2:00 PM Policy "Ban the Box" Department:Mayor's Office Department:Mayor's Office Caption:Motion to adopt a Fair Chance Hiring Initiative otherwise referred to as “Ban the Box” policy for Augusta-Richmond County, and direct staff to put together any required changes to Augusta's Personnel Policies and Procedure Manual to effectuate the Fair Chance Hiring Initiative by the next Commission meeting. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM COFO Properties LLC Department:Clerk of Commission Department:Clerk of Commission Caption:Consider a request from COFO Properties LLC regarding the waiving of penalty, interest and other fees from property taxes for COFO Properties LLC located at 2205 Southgate Drive, Augusta, Ga. (No recommendation Finance Committee May 31, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 6/7/2016 2:00 PM Affidavit Department: Department: Caption:Motion to approve 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: Cover Memo